HomeMy WebLinkAbout1996 Performance Bond Wharton Smith - Seawallqct
Bond No. 30047983
PERFORMANCE BOND
(100% of Contract Price)
KNOW ALL MEN BY THESE PRESENTS that:
Wharton -Smith Inc.
(Name of CONTRACTOR)
750 Monroe Rd., Sanford Florida 32771
(Address of CONTRACTOR)
CONTRACTOR's Telephone Number: 407-321-8410
a Corporation
(Corporation, Partnership, or Individual)
hereinafter called "Principal", and Western Surety Company
(Name of Surety)
P.O. Box 5077 Sioux Falls SD 57117-5707
(Address of Surety)
Surety's Telephone Number: 800-331-6053 (Inquiries 407-834-0022)
hereinafter called "Surety", are held and firmly bound unto CITY OF SANFORD, 300 N. Park
Ave, Sanford, Florida 32771, hereinafter called "CITY", in the sum of Thirteen million seven
hundred thirty-four thousand six hundred thirty-one and 01/100 DOLLARS ($13,734,631.01) 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.
CITY's telephone number is (407) 688-5028. THE CONDITION OF THIS OBLIGATI N is such
that whereaAQ
e Princip I entered into a certain Agreement with CITY, dated the
day of l✓ '" , 20 a copy of which is hereto attached
and made a part hereof for the construction of: Sea Wall Construction - W. Seminole Blvd.
RiverWalk Ph. III (IFB 17/18-53).
The Project is located along West Seminole Blvd. in Sanford, Florida
General description of the Work: The CONTRACTOR is responsible for all labor, materials,
equipment, coordination, and incidentals necessary for of the installation of approximately
12,000 LF of new steel sheet pile sea wall and upland wall along Lake Monroe. Construction
also includes concrete cap and handrail along the top of the wall, installation of soil anchors and
fill placement behind the wall, and replacement of approximately 1194 -ft of existing storm sewer
and box culvert from the new sea wall extending across W. Seminole Blvd.
Sea Wall Construction PERFORMANCE BOND
W. Seminole Blvd. RiverWalk Ph. III (100% of Contract Price)
IFB 17/18-53
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2018130031 Bk:9249 Page: 1215-1226
REC: 11/15/2018 2:01:41 PM by jeckenroth
RECORDING FEES $103.50
Page 1 of 5
This Performance Bond is being entered into to satisfy the requirements of Section 255.05,
Florida Statues, and the Agreement referenced above, as the same may be amended.
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
guaranty period and the warranty provisions, in the time and manner prescribed
in the Agreement; and
2. Pays CITY all liquidated damages, losses, damages, delay damages,
expenses, costs, and attorneys' fees, including costs and attorneys fees on
appeal that CITY sustains resulting from any breach or default by Principal under
the Agreement
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, except that the coverage of the Performance Bond is limited to one
hundred percent (100%) of the Contract Price.
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 CITY for all such
direct loss or damage (including reasonable attorneys' fees and costs and attorneys' fees and
costs on appeal) resulting from any failure to perform, up to one hundred percent (100%) of the
Contract Price and for indirect damages as determined by CITY up to an additional twenty
percent (20%) over the adjusted Contract Price.
In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the
Surety shall also indemnify and hold CITY harmless from any and all loss, damage, cost, and
expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings,
resulting from the Surety's failure to fulfill its obligations hereunder up to one hundred percent
(100%) of the Contract Price.
The Surety stipulates and agrees that its obligation is to perform the Principal's work under the
Agreement under this Performance Bond. The following preventative options by the Surety are
encouraged; however, preventative options shall not be considered under this Performance
Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the Contract
Documents; and (ii) Surety's offers to CITY to buy back this Performance Bond. The Surety
agrees that its obligation under this Performance 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 adjusted 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
Sea Wall Construction
W. Seminole Blvd. RiverWalk Ph. III
IFB 17/18-53
Page 2 of 5
PERFORMANCE BOND
(100% of Contract Price)
Price. In any event, the Principal's Contract Time is of the essence and applicable delay
damages are not waived by CITY.
The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall
be direct and immediate and not conditional or contingent upon CITY's pursuit of its remedies
against Principal; however, such obligation shall only arise upon a declaration of default of the
Principal and shall remain in full force and effect notwithstanding (i) amendments or
modifications to the Agreement entered into by CITY and Principal without Surety's knowledge
or consent; and (ii) the discharge of Principal 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 limitations of the liability of Principal or its estate as a result of any such proceeding.
Any changes in or under the Agreement and Contract Documents and compliance or non-
compliance with any formalities connected with the Agreement or the changes therein shall not
affect Surety's obligations under this Performance Bond and Surety hereby waives notice of any
such changes. However, in the event Change Orders (unilateral or directive change orders and
bilateral change orders) or other modifications to the Agreement and Contract Documents are
executed exceeding one hundred percent (100%) of the Contract Price, the Surety shall be
notified by CITY of such increased by CITY, and the Principal shall be required to increase the
sum of this Performance Bond to be commensurate with the increased Contract Price.
The Surety's liability to CITY shall not be reduced should CITY directly purchase for the purpose
for Sales Tax Recovery certain components and materials to be utilized in the work done by the
Principal pursuant to his obligations under the Agreement. Specifically, the Surety shall remain
fully liable and bound to CITY for the full compliance with the Contract Documents and full
performance and function and all warranties of all components and materials, notwithstanding
the fact that CITY may issue deductive Change Orders and directly purchase such items.
This Performance Bond and the Payment Bond and the covered amounts of each are separate
and distinct from each other.
This Performance Bond is intended to comply with the requirements of Section 255.05, Florida
Statutes, as amended, and additionally, to provide contract rights more expansive than as
required by statute.
IN WITNESS TREOF, this instrument is executed this day of
20
ATTEST. -
By: Secretary
Devon A. Lewis
Typed Name of Secretary
Sea Wall Construction
W. Seminole Blvd. RiverWalk Ph. III
IFB 17/18-53
PRINCIPAL/CONTRACTOR
W arton-Smith Inc. ,,,`rrrrrrrrrrrrrr
P
01\17AYTOR
G3?Fp0 T ��
CONTRACTOR Mignitory A oiity ALF n
04/02/1984
Ronald F. Davoli - President/CEO ".
Typed Name and Title 0 1'e
PERFORMANCEIAOWR X61%"
(100% of Contract Price)
Page 3 of 5
(CORPORATE SEAL)
(Witness to C05RACTOR)
Kimberly Murray
Typed Name
Joy0upp
Typed Name
Sea Wall Construction
VKSeminole Blvd. BkmrNa|kPh. III(100% of Contract Price)
IFB 17/18-53
750 Monroe Rd.
Address
Sanford, Florida 32771
City, State, Zip
407-321-8410 407-327-6984
Telephone No. Facsimile No.
(Surety Signature Page Follows)
Page 4 of 5
PERFORMANCE BOND
ATTEST.•
N/A
(SURETY) Secretary
N/A
Typed or Printed Name
I . SURETY
Christine Morton
Typed or Printed Name
C -
Witness as to SURETV
Mariel Urchipia
Typed or Printed Name
SURETY
P.O. Box 5077
Address
Sioux Falls SD 57117-5707
City, State, Zip
800-331-6053 605-335-0357
Telephone No. Facsimile No.
Inquiries: 407-834-0022
NOTE: Date of this Performance Bond must not be prior to date of the Agreement. If
CONTRACTOR is a joint venture, all ventures shall execute this Performance Bond. If
CONTRACTOR is a Partnership, all partners shall execute this Performance 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 CITY.
All bonds shall be originals and issued or countersigned by a local producing agent who is
authorized to operate in the State of Florida. Attorneys -in -fact who sign Bid Bonds or
Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to
sign such Bond. Agents of surety companies must list their name, address, and telephone
number on all Bonds.
Sea Wall Construction
W. Seminole Blvd. RiverWalk Ph. III
IFB 17/18-53
Page 5 of 5
PERFORMANCE BOND
(100% of Contract Price)
♦11
April L. Lively
Typed or Printed Name
Attorney -in -Fact & Florida Licen,$&gj�
7
, e'tt Vg eh
Title
"%: `
Agent: Guignard Company
r •- _
1904 Boothe Circle, Longwood,
(407) 834-0022
P.O. Box 5077
Address
Sioux Falls SD 57117-5707
City, State, Zip
800-331-6053 605-335-0357
Telephone No. Facsimile No.
Inquiries: 407-834-0022
NOTE: Date of this Performance Bond must not be prior to date of the Agreement. If
CONTRACTOR is a joint venture, all ventures shall execute this Performance Bond. If
CONTRACTOR is a Partnership, all partners shall execute this Performance 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 CITY.
All bonds shall be originals and issued or countersigned by a local producing agent who is
authorized to operate in the State of Florida. Attorneys -in -fact who sign Bid Bonds or
Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to
sign such Bond. Agents of surety companies must list their name, address, and telephone
number on all Bonds.
Sea Wall Construction
W. Seminole Blvd. RiverWalk Ph. III
IFB 17/18-53
Page 5 of 5
PERFORMANCE BOND
(100% of Contract Price)
Bond No. 30047983
PAYMENT BOND
(100% of Contract Price)
KNOW ALL MEN BY THESE PRESENTS that:
Wharton -Smith Inc.
(Name of CONTRACTOR)
750 Monroe Rd., Sanford Florida 32771
(Address of CONTRACTOR)
CONTRACTOR's Telephone Number: 407-321-8410
a Corporation
(Corporation, Partnership, or Individual)
hereinafter called "Principal", and Western Surety Company
(Name of Surety)
P.O. Box 5077 Sioux Falls SD 57117-5707
(Address of Surety)
Surety's Telephone Number: 800-331-6053 (Inquiries 407-834-0022)
hereinafter called "Surety", are held and firmly bound unto CITY OF SANFORD, 300 N. Park
Ave, Sanford, Florida 32771, hereinafter called "CITY", in the sum of Thirteen million seven
hundred thirty-four thousand six hundred thirty-one and 01/100 DOLLARS ($13,734,631.01) 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.
CITY's telephone number is (407) 688-5028. THE CONDITION OF THIS OBLIGATION is such
that whereas, the Principal entered into a certain Agreement with CITY, dated the day
L
of f L/7t IU— , 206 a copy of which is hereto attached and made a part hereof for
the construction of: Sea Wall Construction - W. Seminole Blvd. Riverwalk Ph. III (IFB 17/18-53).
The Project is located along West Seminole Blvd. in Sanford, Florida
General description of the Work: The CONTRACTOR is responsible for all labor, materials,
equipment, coordination, and incidentals necessary for of the installation of approximately
12,000 LF of new steel sheet pile sea wall and upland wall along Lake Monroe. Construction
also includes concrete cap and handrail along the top of the wall, installation of soil anchors and
fill placement behind the wall, and replacement of approximately 1194 -ft of existing storm sewer
and box culvert from the new sea wall extending across W. Seminole Blvd.
CITY Phone No. 407-668-5000
Sea Wall Construction
W. Seminole Blvd. Riverwalk Ph. III
IFB 17/18-53
Page 1 of 4
PAYMENT BOND
(100% of Contract Price)
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 Payment Bond is furnished for the purpose of complying with the requirements of
Section 255.05, Florida Statutes, as same may be amended.
2. It is a specific condition of this Payment Bond that a claimant's right of action on this
Payment Bond is limited to the provisions of Section 255.05, Florida Statutes, including, but not
limited to, the one (1) year time limitation within which suits may be brought.
3. This Payment Bond is conditioned that CONTRACTOR shall promptly make payments
to all persons defined in Section 713.05, Florida Statutes, whose claims derive from the
prosecution of the work provided for in the Agreement.
Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR shall,
within forty-five (45) days after beginning to furnish labor, materials, or supplies for the
prosecution of the work, furnish CONTRACTOR with a notice that (s)he may look to this
Payment Bond for protection. A claimant who is not in privity with the CONTRACTOR and who
has not received payment for his/her labor, materials, supplies, or rental equipment within ninety
(90) days after final furnishing of the labor, services, materials, or equipment by claimant, deliver
to 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 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.
4. Any changes in or under the Agreement or Contract Documents and compliance or non-
compliance with any formalities connected with the Agreement or the changes therein shall not
affect Surety's obligations under this Payment Bond and Surety hereby waives notice of any
such changes. Further, Principal and Surety acknowledge that the sum of this Payment Bond
shall increase or decrease in accordance with the Change Orders (unilateral or directive change
orders and bilateral change orders) or other modifications to the Agreement or Contract
Documents. This Payment Bond shall not cover any components or materials directly
purchased and paid for by CITY pursuant to Sales Tax Recovery.
5. The Performance Bond and this Payment Bond and the covered amounts of each are
separate and distinct from each other. This Payment Bond shall be construed as a statutory
Payment Bond under Section 255.05, Florida Statutes, and not as a common law bond.
Sea Wall Construction
W. Seminole Blvd. Riverwalk Ph. III
IFB 17/18-53
Page 2 of 4
PAYMENT BOND
(100% of Contract Price)
IN WITNESS WREOF, this instrument is executed this day of
Mvembe� I 20- ? -
ATTEST:
By: Secretary
Devon A. Lewis
Typed Name of Secretary
(CORPORATE SEAL)
(Witness to CO T ACTOR) 0
Kimberly Murray
Typed Name
(Witness to ONTRAMR)
Joy Bupp
Typed Name
Sea Wall Construction
W. Seminole Blvd. RiverWalk Ph. III
IFB 17/18-53
PRINCIPAL/CONTRACTOR
CONTRACTOR Signatory
Ronald F. Davoli - Pres
Typed Name and Title
750 Monroe Rd.
Address
Sanford, Florida 32771
City, State, Zip
014-S 44
SEAL C)z
�riqluzI1984 -z
407-321-8410 407-327-6984
Telephone No. Facsimile No.
(Surety Signature Page Follows)
Page 3 of 4
PAYMENT BOND
(100% of Contract Price)
ATTEST.
N/A
(SURETY) Secretary
N/A
Typed or Printed Name
�rastoSURETY
Christine Morton
Typed or Printed Name
Mariel Urchipia
Typed or Printed Name
SURETY
Ui i, We,,,
April L. Lively
Typed or Printed Name
Attorney -in -Fact & Florida LicensdA esidpntAg 9t,
_
Title Pyr
Agent: Guignard Company
1904 Boothe Circle, Longwood, FL
(407) 834-0022
P.O. Box 5077
Address
Sioux Falls SD 57117-5707
City, State, Zip
800-331-6053 605-335-0357
Telephone No. Facsimile No.
Inquiries: 407-834-0022
NOTE: Date of this Payment Bond must not be prior to date of the Agreement. If CONTRACTOR
is a joint venture, all ventures shall execute this Payment Bond. If CONTRACTOR is a
Partnership, all partners shall execute this Payment 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 CITY.
All bonds shall be originals and issued or countersigned by a local producing agent who is
authorized to operate in the State of Florida. Attorneys -in -fact who sign Bid Bonds or
Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to
sign such Bond. Agents of surety companies must list their name, address, and telephone
number on all Bonds.
Sea Wall Construction
W. Seminole Blvd. RiverWalk Ph. III
IFB 17/18-53
Page 4 of 4
PAYMENT BOND
(100% of Contract Price)
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Eileen C Heard, Bryce R Guignard, M Gary Francis, April L Lively, Paul J Ciambriello,
Jennifer L Hindley, Margie L Morris, Deborah Ann DeFoe, Christine A Morton, Individually
of Longwood, FL, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duty authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 17th day of November, 2017.
SjyRE"ry�� WESTERN SURETY COMPANY
�W??oa,POAgj:.3as
diij� DpK01�
Paul T. Bruflat, Vice President
State of South Dakota 1
County of Minnehaha
3 ss
On this 17th day of November, 2017, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seat; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires
J.MOHR
Naraarvuauc
June 23, 2021 ��1TiQA1OTA F
J. Mohr, Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this day of
N� MIS •
,QRr.n5t✓ 'WESTERN SURETY COMPANY
cT 2Z���
L. Nelson, Assistant Secretary
Form F4280-7-2012
Go to www.cnasurety.com > Owner / ObiigeLk•Seft'tc *;PVa1 fat `Bond Coverage, if you want to verify bond authenticity.
GGUIGNARD
AN UNCOMMON BOND
October 8, 2018
City of Sanford
300 North Park Avenue
Sanford, FL 32771
Re: Authority to Date Bonds and Powers of Attorney
Principal: Wharton -Smith, Inc.
Bond No.: 30047983
Project: Sea Wall Construction - W. Seminole Blvd. RiverWalk Ph. III
(IFB 17/18-53)
Dear Sir or Madam:
Please be advised that as Surety on the above referenced bond, executed
on your behalf for this project, we hereby authorize you to date the bonds
and the powers of attorney concurrent with the date of the contract
agreement.
Once dated, please send a copy of the dated bonds to our office.
Vlt6tern Su lety
Lively
Attorney In Fact
�.'kpa Ji It tit e , ,
'A P C
SELL
1404 Boothe Circle 1, Longwood, FL 32754