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HomeMy WebLinkAboutGoodson Paving Inc./Construction Agmnt. 06-03-2011 Bond No. 1879736 City of Cape Canaveral Drainage Improvements for Banana River /Manatee Parks Brevard County, Florida SSA Job No. 09 -0018 SECTION 00610 PUBLIC CONSTRUCTION PERFORMANCE BOND BY THIS BOND, We Goodson Paving, Inc. as Principal and The Hanover Insurance Company a corporation as Surety, are bound to the City of Cape Canaveral, herein called Owner, in the sum of Two Hundred Thirty-One Thousand Five Hundred Ninety-Nine and 41/100 ($ 231,599.41 ), for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITIONS OF THIS BOND are that if Principal: 1. Performs promptly, completely and faithfully the contract dated oclo311, , between Principal and Owner for construction of City of Cape Canaveral Drainage Improvements for Banana River /Manatee Parks, the contract being attached hereto and made a part of this bond by reference, in such time and without delay, and in the manner prescribed in the contract including the delivery, execution and performance of any warranty work required by the contract; and 2. Pays Owner all losses, damages, expenses, costs, and attomey's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 3. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any modifications in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the modifications does not affect Surety's obligation under this bond. PUBLIC CONSTRUCTION PERFORMANCE BOND 00610 - 1 City of Cape Canaveral Drainage Improvements for Banana River /Manatee Parks Brevard County, Florida SSA Job No.�O9 -00�8t . Signed and sealed this 3 R � day of JUNE 2 01 1 ^ f �' Witn = S: Goodson Paving, Inc. - F r r� 5 . (Principals a ($`4) /arm riel�f�i4 Its: r Q e: r I (Title) 7i2AviS 6aidSpv -14� f pn,� , . . The Hanover Insurance Company ti � *' ° ' ` Witness: P Y ; • ' (Surety) (Seat); , ''� __ , L__-Aitae-saik. I ts: (Title) Benjamin H. French, Attorney ti act "')' & Fla. Resident Agent CERTIFICATE AS TO CORPORATE PRINCIPAL ` f r' i '' I, - v __C:A—. c■ , certify that I am the Secretary of the C `' named as Principal in the within bond; that"" v...,.---' �ocac .W who signed airy said' t:' bond on behalf of the Principal, was then Y : ? c �`:��� of said Corpor that • 1 know the Principal, and the Principal's signature hereto is genuine; and that.seid bend g o 4% signed, sealed, and attested for and in behalf of said Corporation by authority of :goffefir . . = : Y Secretary 4 a STATE OF FLORIDA ss COUNTY OF ( ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Benjamin H. French to me well known, who being by me first duly swom upon oath, says that this individual is the Attomey -in -Fact, for the The Hanover Insurance Company and that said individual has been authorized by The Hanover Insurance Company to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Cape Canaveral. Subscribed and sworn to before me this 31st day of May , 2011, A.D. (Attach Power of Attorney) -I'" Notary Public MAGEN BAKER State of Florida -at -Large Notary Public, State of Florida My comm. exp. June 30, 2012 My Commission Expires: 06 - 30 - 12 Comm. No. DD 802046 My Commission Number is: DD 802046 END OF SECTIO 00610 1 i PUBLIC CONSTRUCTION PERFORMANCE BOND 00610 - 2 1 Bond No. 1879736 City of Cape Canaveral Drainage Improvements for Banana River /Manatee Parks Brevard County, Florida SSA Job No. 09 -0018 SECTION 00620 PUBLIC CONSTRUCTION PAYMENT BOND BY THIS BOND, We Goodson Paving, Inc. as Principal and The Hanover Insurance Company , a corporation as Surety, are bound to the City of Cape Canaveral, herein called Owner, in the sum of Two Hundred Thirty-One Thousand Five Hundred Nir ety -Nine and 41/100 ($ 231,599.41 ), for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITIONS OF THIS BOND are that if Principal: 1. Promptly makes 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 contract dated 0131.031 i% , between Principal and Owner for construction of the City of Cape Canaveral Drainage Improvements for Banana River /Manatee Parks, the contract being attached hereto and made a part of this bond by reference, in such time and without delay, and in the manner prescribed in the contract; and 2. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract, then this bond is void; otherwise it remains in full force. Any modifications in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the modifications does not affect Surety obligation under this bond.Y Signed and sealed this 3 day of JuMC , 201i 4 '' `r • Goodson Paving, Inc. '�''' g. � J ,;� ` Witness: (Principal) = Sea .,.. ( "' ii i . i Its: h (Title) y t, T,¢,a��s 6a0sso., - V te �M� "0 4 '�_ d .. i �. Witness: The Hanover Insurance Company gin, N (Surety) (Seal} Magz-g3aA. , Its r (Title) Benjamin H. French, Attorney & Fla. Resident Agent • PUBLIC CONSTRUCTION PAYMENT BOND 00620 - 1 City of Cape Canaveral Drainage Improvements for Banana River /Manatee Parks Brevard County, Florida SSA Job No. 09 -0018 CERTIFICATE AS TO CORPORATE PRINCIPAL I, VJ \�.( - 15�� , certify that I am the Secretary of the Corporation named as Principal in the within bond; who signed'the'said bond on behalf of the Principal, was then v , cs< 4t Q c\Q_■\ of said Corporafoft Afrat '. I know the Principal, and the Principal's signature hereto is genuine; and that saidbghd was dukj signed, sealed, and attested for and in behalf of said Corporation by authority of its gm/dining [ dy C21 ~ `w+t. Secretary STATE OF FLORIDA • - COUNTY OF ( ss ' 1 n Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Benjamin H. French to me well known, who being by me first duly swom upon oath, says that this individual is the Attorney -in -Fact, for the The Hanover insurance company and that said individual has been authorized by * to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Cape Canaveral. Subscribed and sworn to before me this 31st day of May , 2011, -- A.D. (Attach Power of Attorney) MAGEN BAKER Notary Public Notary Public, State of Florida State of Florida My Comm. exp. June 30, 2012 My Commission Expires: 06 -30 -12 Comm. No. DD 802046 My Commission Number is: DD 802046 END OF SECTION 00620 * The Hanover Insurance Company PUBLIC CONSTRUCTION PAYMENT BOND 00620 - 2 I r e • MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA I THE HANOVER INSURANCE GROUP POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Dale Waldorf', Pamela L. Jarman, Wayne Walker, Benjamin H. French and/or Paul A. Locascio 1 of Mary Esther, FL and each is a true and lawful Attomey(s) -in -fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any aryl el henna, nainpni,annes. tindgtekinpc, mntrarts of indemnity or otter writings nhlipatnry in the nature thereof, as fallow - Any such obligations in the United States, not to exceed Twenty Million and No /100 ($20,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attomey(s)-in -fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the folowing Resolution passed by the Board of Directors of said Companies which resolutions me still in effect: 'RESOLVED, That the President or any Vice President. in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys -In -fact of the Company. In its name end as Its acts, to execute and acknowledge for and on Its behalf as Surety any and MI bonds. recognIzances, contracts of indemnity. waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -In -fact shal be as binding upon the Company as If they had been duly executed and acknowledged by the regularly elected officers of the Company In their own proper persons' (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14. 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001- Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 22 " day of July, 2009. THE HANOVER INSURANCE COMPANY xwu. MASSACHUSETTS BAY INSURANCE COMPANY r CITIZEN _INSURANCE COMPANY OF AMERICA SEAL ) ' .:•,.:,-": , k , ,,. e-ga*--!:44, ., t( ' :: — 1 IC> = ; ! ;" Mary Joanne on, i . : - Pres.d t ( Robert K. Crn-umn, AJuic,tarl roc Prcadent THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. on trim ( day of July, YUU9, before me came the above named Vice President and Assistant Vice President of I he Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their oignatureo as officers were duly affixed and o booribed to said instrument by the authority and direotion of said Corporations. 1! !'l y a Notary Public My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the folowing resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED. That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification In respect thereto, granted and executed by the President or any Vlce President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the some extent as If el signatures therein were manually affixed. even though one or more of any such signatures thereon may be facsimile' (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14. 1982 Massachusetts Bay Insurance Company; Adopted September 7. 2001 - calzens insurance company of America) GIVEN under -fry hand and the seals of said Companies, at Worcester, Massachusetts, this �� day of 37.1.b. , 20 t t' =', THE HANOVER INSURANCE COMPANY: •` MASSACHUSETTS BAY INSURANCE CQMPANY ' • ' CITI NS INSU'. CE CO.MeANY O 1i c�.r3 i Gt / ' � ik x ;y S te i raot , kssesten Vice Yrestaeet • " eF ? I I- F. ' r a . . s 1 -- •. r r p OgCt� S f. .