HomeMy WebLinkAboutPerformance Bond_r
JOSEPH E. SMITH,, CLER- _ - :;' THE CIRCU?•T -COURVT — SAINT LUCIE C0111r. }
FILE 04013325 OR BOOK 368,9 PAGE-2Vfj,, °'Recorded 11/14/2014 at 08:47 AM
- I
THE AMERICAN INSTITUTE OF ARCHITE.CTS-
Doud No.: 106046294
Executed in3Counter
parC(s)
AfA Document A311
..Performance Bond..
KNOW ALL MEN BY THESE PRESENTS: that Paul Jacquin & Sons, Inc.
7348 Commerdal Circle (Here Insert full name and address or legal title or ContrsrdM
Fort Pierce,. FL 34951 (772) 465-2475
as Principal, hereinafter called Contractor, and; Travelers Casualty and Surety. Company of America
One Tower Square (Here Insert NO name and address or legal We of Surety)
Hartford, CT 06183 (860) 277-0111.
as Surety; herelnaftercalled Surety, are held and firmly bound unto n J�
121.5W, Port 5C Lude Blvd. a ►(Af I a n n L and address or legal title o1 Oww)
'Port St. LuCie,:FL 34984 4772) 871-5104
as Obligee, hereinafter called Owner, in the amount of One Million Seven Hundred Forty -Seven Thousand and 00/100•
Dollars (3 1,747,000.00 ),
for thB payment whereof Contractor and Surety.bind themselves, their helrs,.oxecutors, administrators, successors
and assigns, Jolntly,and severally; firmly by these presents.
WHEREAS,
i
Contractor has by written agreement dated entered Into a contract with Owner for
.(Hem inert full name and'addrosa and description of project) Contract #20140119
Hatpadokee Canoe/Kayak Launch & Savannas. Preserve State,Park Education Center Improvements Project,1400
Midway Road,, Fort Pierce FIL s
In accordance with Drawings and Specifications prepared. by
(Here Insert full none and address or legal VM ofArchitact)
which contract Is by reference made a part hereof,.and is hereinafter referred to. as, the Contract
i
AtADOCUMENT A711 • PERFORMANCE BOND AND LABOR AND MATERIAi PAYMENT BOND- AIA® T
FEBRUARY 1970 ED, • THE AMERICAN INSTITUTE OFARCHITECTS, 1700 N.Y. AVE.. H,W„ WASHINGTON, D.C. ZM
�'p(Ugl Rrly...
Ads Int:.
OR BOOK 3689 PAGE
e
PERFORMANCE BOND
NOW, THEREFORE .THE CONDITION OF THIS OBLIGATION is such that, if;Conlrailor shaii promptly end faithfully perform
said Contract, then this obligation shall be null -and vold: otherwise
It shall remain in fug force and effect.
The Surety hereby waives. notice of any alteration or
defaults under the contract or contracts, of eempletion
extenslon of time made by the Owner.
arranged under this paragraph) sufficient funds to pay the
cost of complellon loss the balance of the contract prim:.
Whenever Contractor ah;ll. be; and declared by Owner
but not exceeding, including other. costs and damages
to bs'In default undorthe Contract, the'Owner'having performed
for which the Surety maybe liable hereunder, the amount
Owner's' obtigalions thereunder, the Surety
set forth in the first paragraph hereof. The tens 'halance
may, promptly remedy the default, or shall promptly
of the contract price; as used In this paragraph, shag mean
the total amount . payable by . Owner `to Contractor
1) Complete the Contract in :accordance with Its terns
'under the Contract and any amendments theroro, less
and conditions, or
the amount property paid by Owner to Contractor.
2) Obtain a bid or bids for completing the Contrail' .In
Any 'suit under this" bond :must be `instituted before
accordance with its tarns and conditions, and upon de•
the expiration of.two (2) years from the date on which
termination by 'Surety of the lowest: responsible . bidder,
final payment under the Contract falls due.
or, If the Owner ' olocis; upon cloterminallon by the
.
Owner and the Surety Jointly -of the lowest responsible
N6 right of action ,shall accr ie on this band to or for
bidder, arrange for a'contract between'such bidder and Owner,
the. use of any person or corporation other than. tho
and make . available as Work progresses. (even
Owner named herein' or the heirs, executoro, edminls-
though -there should be •a default or a succession of
Valor; 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 IN SECTION 255.05(2) .OR :SECTION 713.23
FLORIDA STATUTES.
Signed and sealed this day of
Paul ]acauin &Sons, Inc.
r'
(Prfnclpol) T,SDpJjt •• ' "r t
(W1tness);'
Michael ]acquin dent
Travelers Casualty and Surety Comp ny. %Utierica' .; ; '•
(Sumty)
n , (Witness)
Leslie M. Donahue ' L
Attomeyin-Fact and FLtJc.•Resident Agent'': f:�.•
Inquiries: (407) 786-7770
ALADOCUMEMA311 • PERFORMANCE BOND AND WOR AND MATERIAL PAYMENT BOND- rALAa1 2 ,.
FEBRUARY 1070 ED..THE AWRICAN INSTTIUTE OF ARCHITECTS„1731 N.Y. AVE.: N.W, WASIIa10TON. D.C..,3000a
OR BOOK 3689 PAGE
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No.:. 106046294'
Executed in 3Counterpart (s)
AIA Document A311
Labor and Material Payment Bond
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE SOND.IN FAVOR -OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN.BY THESE PRESENTS: that' Paul ]acquinA Sons,, Inc.
7348 Commercial Circle (Here insert full name and address or legal We of Contractor)
Fort Pierce, FL 34951. (772) 465-2475
as Principal, hereinafter called Principal, and,Travelers Casualty and Surety Company of America
One Tower Square (Here insert full name and addressor legal this of Surety)
Hartford, CT 06183 (860), 277-0111
as Surety, hereinafter called Surety; are held and firmly bound unto City. of Port St. Lucie;
(Hero Insert full nama'and address or legal title or Owner)
1215W. Port St. Lucie Blvd.
Port St., Lude, FL 34984 (772) 871-5104
as Obllgee; hereinafter called Owner, for the use and benefit or claimants as herein below defined, in the
amounfof One Million Seven Hundred Forty -Seven Thousand and 00/100
(Hem Insert a sum equal to at least one-half of the contract price) Dollars ($ .1,747,000.00 ).
'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 Imort full name and address and description of prolecl) Contract'#20140119
Halpatlokee Canoe/Kayak Launch &•Savannas Preserve State.Park Education Center Improvements Project,1400
Midway Road, Fort Pierce FL
in accordance with Drawings and Specifications' prepared by
(Here insert fug name cod address or legal this orAmhded)
which contract is by reference made a part hereof, and is,hereinaflerreferred to as the Contract
AIADOCUMENT A311 . PERFORMANCE BOND AND LABOR AND "TERAL PAYMENT BOND- - Aw 0 3
FEBRUARY 1970 ED. -THE AMERICAN INSTITUTE OFARCHITECTS, 173e N.Y. AVE, N,W„ WASHINGTON. O.C. 20000
Jo R i ii
d
filly
ridi INC.
OR BOOK 3689 PAGE . , "&
LABOR AND MATERIAL PAYMENT BOND
NOW, THEREFORE; THE CONDITION OF THIS OBLIGATION Is such that, It Principal shall promptly make payment to all
claimants as herein;6r defined, for all labor and material used
or reasonably required lot 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 fo)•
lowing conditions'
1. A claimant Is defined, as one having a direct can.
accuracy the amount claimed and the name of the party
Uact •with the Prindpal' or with a Subcontractor of the
to the materials were fumished, or (or whom
Principal for labor, material, or bath, used or reasonablyy
required for use in the the
,whom
the work or labor was done or performed; Such notice
be by mailing by
performance of .Contras ,
labor and rDtedal being construed to Include that pail of
IlghL heat,
shall served the same registered mail or
certified • mail, Gostage prepaid, in on, envelope ad -
,water. gee, power, oil gasoline, tale one
dressed to, the Principal, Owner or Surety, at any place
service or. rental of equipment directly applicable to the
where an office is (egularly' maintained for the trans-
Contrad,
action of business, or served in any manner in which
2 The above named Principal and .Surety hereby
leggal process may be served In the state in which the
aforosaid project is located, save that such service need
jointly and severally agree with the Owner that 'every
not be made by a public officer.
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- ast of such clalmanl's
b) After, the expiration; of one -(1) year following the
dale on which Principal ceased WWark on said Contract,
work or labor was done or performed, or materials were
it being understood, however; that If any Iimitation am•
famished by such claimant, may sue on this bond for
bodied in this bond Is prohibited by any law Controlling
the use of such claimant; prosecute the , suit to final
the construction here such limitation shall be deemed
judggrent for. such sum or Bums as mayy be justly due
examilon
to be amended so as.to be equal to the minimum period
do ant, and have thereon. Tha Owner shall
not.be liable for the payment of any coats or expenses
of limitation permitted by such law.
Of any such suit.
c) .Other than In a state :court of. competent jurisdiction .
in and for the county or other. political subdivision or
the state in which the Pro act, or any part thereof, is
3. No suit or action shall be commenced hereunder by
situated, or In the United lobs District Court for the
any claimant•
district in which the Project, or any part thereof, Is sit-
uated, and not elsewhere.
D) Unless claimant, other than one ,having a direct
contract wish the Principal, shall have gghren written
following: The Principal,.
4, The amount of this bond shall be reduced by and to
•notice to any two of the the
Ownef. or the surety above, named, wiUsln ninety (90)
the extant of any payment or payments made in good;
faith hereunder, lnclusivo the by Surety
cloys after suds claimant did or porfonned Iho last of the
of, ppayment of
mechanics' Gans which may, be filed of record against
work or labor, or famished the last of the materials IDr
said Improvement, whether or not claim for the amount
which aetd claim is made, staling wtlh aubslantlol
of such Icon 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
ACCORDANCE.WITH THE NOTICE AND TIME. LIMITATION PROVISIONS IN SECTION 255:0 JOP/, ' '•�,
SECTION 713.23 FLORIDA STATUTES:
r, ; ��1 LJj '' •, '
Signed and sealed this
day of ji,•� ; L py =
Paul Jaccluin & Sans, Inc. '
(Principal) , n 0.; .
.{,
(Wdness)
.
e)
Michael JacgU resident
�avelers Casualty and Surety Company of Amedca
(Suroly)'
•. '
Leslie M. Donahue - �' , , r '� .
Attomeyin-Factand FIL lic: Resl&nt A9enL,+
Inquiries: (407) 786-7776
.AIAD000MENTA711.PERFORMANCE BOND AND LABOR AND MATERAL PAYMENT BOND- ALA ID ., q
FEBRUARY taTO ED. •WEAMERICAN INSTMJTE OF ARCNnECTS, 1730 N.Y AVE.. N.W..WASMIINGTON,D.C,,00000
OR BOOK 3689 PAGE l
POWER OF ATTORNEY
TRAVELERS J Farmington Cnsunity Company St. Paul Mercury Insurance Company
Fidelity and Guaranty luit runce Company 'IYnvcicrs Casually and Surety Company
Fidelity unit Guaranty Insurance Underwriters, Inc: Travrlers:Casually and Surety Company of Amerleu
St. Paul Fire and Marine Insurance Company - United States Fidelity end Guaranty Company
St. Paul Guardian Insurance Company
Atterney-lis Fact No. 221867
Certincate No, 0.0 5.3 26 6.0 4
KNOW ALL MEN BY THESE PRFSENT&-ThatYarminglon Casualty Company. St. Paul Fir and Marine Insurance Company, St. Paul Guardian Insurance
Company. St: Paul Alctcury Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly. organized under the laws of the Stale of Connecticut, that Fidelity and, Guaranty Insurance Company is a
corporation duly organized under the laws of he State of Iowa, and thin Fidelity and Guaranty Insurance Underwriters. ne„ Is a corporation duty organized under the
taws of the Stale of Mscnnsin (herein collecdi cly tolled the' Companies'), and that the Companies do hereby make, constitute and appoint
JeffreyW. Reich, Kirn E. Niv, Susan L. Reich, Patricia L. Slaughter, Leslie M., Donahue, Don Bramlage; Gloria A. Richards,
Tatra L. Durham, J. Gregory MacKenzie, and Cheryl rolcy
of the City of ' Mallland Stile of Florida their'fine and lawful Allomey(s)-in-Fact,
each in then 5opalate eapwChyif note limn one is nainctfubovc, to silto, execute, seal and acknowledge any and'all bonds, recngnizances, conditional undcriakingt and
other writings obligatory in the nature thereor on lululf. of the Companies'in their business ofguarantccing the fidelity of pawns, guaranteeing the performance of
contracts and executing or guaranteeing Bondy and t udenakings required or (k mittoo, in any aetom or proceedings allowed bylaw.
IN WITNF:SS.IVIIEREOF„ the Companies have 'caused ,this Instmmentto be signed and -their corpirac walsan be harm affixed, Hii%
day of January 2013
Farmington Casualty Company
Fidelity and Guaranty Insinuator Company
Fidelity and Guaranty InsuranceUnderwrlters, Ina
St.l'aut Mercury Insurance Company
Travelers Casually and Surety Company
'Travelers Casualty and Surety Company of America
St. Paul Fire and Marine, Insurance Company.
St. Paul Guardian Insurance Company
United States Fidelity. and Guaranty Company
ice+ n�
���
span
18T! g
�
a00'reeerD
J'
'o,s rep'
rams„iyrarUr
3 SEAL o^
.^rwyn
�SErtAL�i
�..nya. �r"�n sy"rc'n
.'r �' �N B ��
Stott of Connecticut
'City of I lanford M.
By:
-
'ahem L. stoney, crier Vise l'raidcnt
On this the loth day of January 2013 before me personally appeared Robca L. Raney, who acknowledged himself to
be the Senior Vice Preiident of Farmington Catualty Company. Fidelity and Guaranty Imurmrce Company, Fidelity and Guaranty Insurance Underwriters, Inc.. St. Paul
Fire mad Marine insurance Company, St. pool Guardian Insurance Company. St; Pj.u1 Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers
Casually and Surly Company of America, and United States -Fidelity and Guaranty Company. and that he. as such, being authorized so to do, executed the forgoing
insrumeul forthe purposes therein contained by signing. on behalf of the engrorations by'lihnsclr as n July authotized officer.
p:Tly
In 1117mces WherroL I haamto set my hand and of iclal seal. * A
My Commission expires the 30th day of June, 2016.
6844M-12 Prinlod in U.S.A.
` ktarie C.TeueaWLN t yP.W.
OR BOOK 3669 "PAGE _ •_;l
WARNING:TIIISPOWER OF ATTORNEY IS INVALID WITHOUTTHE TrEOOOROER
This Power of Attomcy is granted under and by the nothorhy of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company. Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insbrance Underw0crs; Inc.. St. Paul File ind Marine. Insurance Company, St. Paul Guardian Insurance
Cmmpany, St. limit Mercury Insurance Company. Travelets,Casualty and Surely Company,.Duvelers Casualty and. Surely Company of America. and United Slates
Fidelity and Guamnly Company, which resnlailons are now in full force and effect, leading as follows;
RESOLVED. that the Chairman, the Peesitlei . any Vice Chairman, any Executive Vice President, unySenhu Vice Presidenli any Vice President. any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Artameys-in-Fact and Agents to act for and on behalf
of life Company and my give such appointee such authority as Ilis.or her certificate'of.authority may prescribe to sign with the Company's name and seal with the
Compaay's seal bonds, recognimnees, contracts of indemnity; and other writings obligatory in the nature of a bond, recognizance, or conditionalumkrtaking. mid any
of said officers or the Board of Directors at anytime may remove any such appointee and revoke the power given him or her: and it Is
FURTHER RESOLVED. that the Chairman. the President: any Vice Chalmmn: any Executive Vice President, any Senior Vice President nr any Vice Presidenl'may
dclegite all or anypatt of the foregoing-auduuity, to one of mmi officers or employees or this Company, provided.dnat eacti such delegmion is in writing and a copy
thereof is filed in the ofrice, of the Secretary: and It Is
FuwrilER RLSOLVF.D, that any bond, recognizance, contract of indemnity. or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon die Company when (n) signed by the President, any Vice Chuirmon, tiny Executive Vice President, any Senior Vice President or any Vice
President: any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duty attested and sealed with the
'Company's seal by a Secretary or Assistant Secretary: or (b) duly executed (under seat. if required) by one or mote Attomeys•in=focl and Agents pursuant to,tbe power
prescribed in his or her certificate or their certificates of authority or by one to more Company offgri pmsuanl to a,wTitten delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, tiny l'seculivn Vice President. any Senior Vice President, any Vice Presidem,
any Assistant Vice I''mident, any Secretary, any Assistant Secretary, find the seal of the Comyunly may be affhxed.by-facsimile to any Power of Attorney or to oily
certificate relating nccieto appointing Resident Vice Presidents, Resident Assistant Secretaries or Altorreyi!in•Fact for(nurpowe only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Altomcy or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and ccnified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or undensunding to which it is attached.
1, Kevin C•.Ifughes, the undersigned, AssistantSecretory, of Famingion Casualty Company; Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. -Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Cumpaoy:'Itavvlers Casually and Surely Cumpmv of America and United States fidelity and Guaranty Company du hereby certify that the above and foregoing
is a true and currect copy. of the Power or At executed by said Companies, which is in full fome and effect and has nor been revoked.
IN TESMIA1 NY WHERWF,1 have hcrcume set my hand and affixed file scats orsaid Companies this day of_�r� , :2o. _.
ArA/
irE.11ughes,Assistant
�{� x6g $ 1��y 7�E5�1 •�F e5EAL �.. � BALe � � �i� O"i"
To verify the authenticityof this Power of Attorney, call I-EW421•3880 or contact "us at wwwJraivlctsbondcom, Pleasc refer m flit Attorney -la -Fact number. the
above -named individuals and the details of the bond to -which the power is attached. .
STATE fF.Fl.ORID.A:.
'Sl LUCIE'COUNTY
THIS I$10:CERTIFY TMA1 THIS IS `A
TRUE -ANDS CORRECT ORY OF THE- _
ORIGIN LER
:.
!Dapulii 16fk
.4 9fill