HomeMy WebLinkAboutAgreement_General_01/17/2013 (3) R +
Liberty Interchange Corporate Center
450 Plymouth Road, Suite 400
Mutual. Plymouth Meeting, PA. 19462 -1644
Ph. (610) 832 -8240
PERFORMANCE BOND
Bond Number: 014 - 063 -450
KNOW ALL MEN BY THESE PRESENTS, that we Sutphen Corporation, 6450 Eiterman Road,
Dublin, Ohio 43016
as principal (the "Principal "),
and LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts stock insurance company, as surety (the
"Surety "), are held and firmly bound unto Village of Tequesta, 345 Tequesta Dr., Tequesta, FL 33469
, as obligee (the "Obligee "), in
the penal sum of Four Hundred Thirty Two Thousand Eight Hundred Forty Three and 54/100-------- -
Dollars ($ 432,843.54 ),
for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has by written agreement, dated the 17th day of January 2013
entered into a contract (the "Contract ") with the Obligee for
One Sutphen Custom S3 Pumper
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly and
faithfully perform the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and
effect.
PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT:
1. Whenever the Principal shall be, and declared by the Obligee to be in default under the Contract, the Obligee
having performed the Obligee's obligations thereunder, the Surety may promptly remedy the default, or shall
promptly:
1.1 Arrange for the Principal, with consent of the Obligee, to perform and complete the Contract; or
1.2 Undertake to perform and complete the Contract itself, through its agents or through independent
contractors; or
1.3 Obtain a bid or bids from alternative contractors to complete the Contract in accordance with its terms and
conditions, and upon determination by the Surety of the lowest responsible bidder, or if the Obligee elects,
upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, arrange for a
contract between such bidder and the Obligee, and make available as work progresses (even though
there should be a default or a succession of defaults under the contract or contracts of completion
arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the
contract price; but not exceeding the amount set forth in the first paragraph of this bond. The term
"balance of the contract price," as used in this paragraph, shall mean the total amount payable by the
Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid
by the Obligee to the Principal; or
1.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
a. After investigation, determine the amount for which it may be liable to the Obligee and, as soon as
practicable after the amount is determined, tender payment therefor to the Obligee; or
b. Deny liability in whole or in part and notify the Obligee citing reasons therefor.
LMIC -5100 Page 1 of 2 Rev. 3/04
.. , .
2. Notwithstanding any other provision of this bond or the Contract, or otherwise, the Surety is not responsible for
and shall not be held liable to the Obligee for any hazardous waste removal and the Surety shall not be held
liable to, or in any other respect be responsible to, the Obligee by way of indemnity, claims or otherwise, or to
any public authority or to any other person, firm or corporation, for or on account of any fines or claims by any
public authority or for bodily injuries or property damage to any person or thing, including, but not limited to,
injury or damage due to the release or threat of release of hazardous substances of any kind or damage to
real estate or to the environment or clean-up costs or other damages of whatever kind or nature arising out of
any act of commission or omission by the Principal, the Principal's agents, servants, employees,
subcontractors or suppliers or any other person in connection with the performance of the Contract. This
limitation applies regardless of when any such fine is assessed, claim is made, or injury, damage, release or
threat of release occurs and without regard to any term or condition of the Contract.
3. The Surety hereby waives notice of any alteration or extension of time made by the Obligee.
4. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which the
Principal ceased to work on the Contract or such time period as otherwise permitted by relevant statute. If the
provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties
as a defense in the jurisdiction of the suit shall be applicable.
5. No right of action shall accrue on this bond to or for the use of any person or corporation other than the
Obligee named herein or the heirs, executors, administrators or successors of the Obligee.
6. Any claims must be presented in writing to Liberty Mutual Insurance Company to the attention of the Surety
Law Department at the above address.
DATED as of this 31 st day of January , 20 13
WITNESS/ATTEST. �,
Sutphen Corporation
(Principal)
�
! � ,", � � ��
� By: r�'.��:i�% �� '� ''`l� (Seal)
Name: Drew Sutphen
-� Title:
L— President
LIBERTY MUTUAL INSURANCE COMPANY
(Surety)
1
gy: ' G/l� � �J '�.-�i�.�(�ea�
Attome n act
Kimberly G. Sherro
LMIC-5100 Page 2 of 2 Rev.3/04
TH'S POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5432489
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No.
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company Peerless Insurance Company
West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmerican Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of Ohio, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, that Peerless Insurance Company is a corporation
duly organized under the laws of the State of New Hampshire, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein
collectively called the "Companies "), pursuant to and by authority herein set forth, does hereby name, constitute and appoint KIMBERLY G. SHERROD; PATRICIA WOO ...........................
. . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . .... . ... . . .. .. . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. .. .. . . . . . . . . . . . . . . . . . . . . ......... . ................................... . . . . . . . . . . ...... . . . ... . .. . ... . . . . . . . . . . ... ... . . . . . . . .. . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
............................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . .. .. ....... . . . . . . . . . . . . . . . . . . . ... . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
all of the city of COLUMBUS , state of OH each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power ofAttorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this
14th day of June 2012
American Fire and Casualty Company
The Ohio Casualty Insurance Company N
C y
Q ap € aar nx =c r ( q((gg�y Liberty Mutual Insurance Company C
m i SE41 / S fit... Peerless Insurance Company
West American Insurance Company
d�C A a�BhE, �1CL a
d
C By: C
i° STATE OF WASHINGTON ss Gregory W. Davenport, Assistant Secretary
COUNTY OF KING 0
v a) On this 14th day of June , 2012 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and > ,W
p .2 Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, Peerless Insurance Company and WestAmerican Insurance Company, and that he, as such, being
> authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C E
is IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. Q M
_ 7
= N u;• r y/ � � I e
O V 4'cJfA?'2. By: NV 1/L l�� (D _
L_ r us €c .' KD Riley , Nota Public 3
d O p
;.
= L This Power of Attorney is made and executed pursuant to and by authority of the following By -laws and Aijtforizations of American Fire and Casualty Company, The Ohio Casualty Insurance c
W N Company, Liberty Mutual Insurance Company, West American Insurance Company and Peerless Insurance Company, which resolutions are now in full force and effect reading as follows: +- rn
O C
ar ARTICLE IV- OFFICERS -Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject : "a)
O r- to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, . 3
E acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective y
L powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so >
executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under d
v the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. C
ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, M
0 and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, O o If
seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their 0 �
respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so o
executed such instruments shall be as binding as if signed by the president and attested by the secretary .
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such
attorney -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other
surety obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and biding upon the Company with the
same force and effect as though manually affixed.
I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, West
American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of
Attorney executed by said Companies, is in full force and effect and has not been revoked. 5 -
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies thi day of 20 .
NN F1 INS
�'f .:n vfy.a rtgy ,yy�rCRAiT< < :! 7 f RPOtt,ry.�4
19D1 s� By:
SEAL David M. Carey, Assistant Secretary
POA -AFCC, LMIC, OCIC, PIC & WAIC
LMS 12873 041012
1
i
SUTPHEN- FAMILY OWNED
SINCE 1890
February 1, 2013 re 9uest a
Chief Jim Weinand FEB 12 2013
Tequesta Fire Rescue F'reRescu
e
357 Tequesta Dr.
Tequesta, FL 33469
Dear Chief Weinand,
We are very pleased to have been favored with the contract to build your fire apparatus
and would like to assure you that every detail will receive our closest attention to build a
unit that will be superior in workmanship, performance and appearance.
Enclosed please find the performance bond for the full contract amount.
May we also take this opportunity to thank you for the courtesies extended to ourselves
and our representatives in the awarding of this contract.
V truly yo s,
DREW SUTPHEN
PRESIDENT
CERTIFED MAIL 7009 1410 0000 6882 6543
RECEIVED
FEB 13 2013
V kLAGECUEFOMOFFIM
Sutphen Corporation
PO Box 158 • Amlin, OH 43002 -0158
6450 Eiterman Road • Dublin, OH 43016 -8711
Tel 614 889 -1005 • Toll Free 800 848 -5860 • Fax 614 889 -0874
www.sutphen.com • Sutphen @sutphencorp.com