HomeMy WebLinkAbout2000 All Terrain Tractor Service Performance/Pay Bondsdip �
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Thursday, December 20, 2018
TO: City Clerk/Mayor
RF:
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑
Development Order
❑
Mayor's signature
❑
Final Plat (original mylars)
❑
Recording
❑
Letter of Credit
❑
Rendering
❑
Maintenance Bond
P
Safe keeping (Vault)
❑
Ordinance
Deputy City Manager
❑
Performance Bond
❑
Payment Bond
❑
Resolution
❑
City Manager Signature
❑
❑
City Clerk Attest/Signature
❑
City Attorney/Signature
Once completed, please:
❑ Return originals to Purchasing- Department
❑ Return copies
EJ
Special Instructions:
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From
SharePoint_Finance_Purchasing_Forms - 2018.doc
Date
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2018129050 Bk:9248 Page:279-287 (9Pgs)
REC: 1111412018 8:21:22 AM by hdevore
U7 RECORDING FEES $78.00
Nielson, Mosholder
A member Nielson & Company, Inc.
4380 St. Johns Pkwy, Ste. 110, Sanford, Florida 32771
(407) 330-3990
PUBLIC WORKS BOND
In compliance with Florida Statutes 255.05 (1)(a)
PERFORMANCE BOND
BOND NO: FLC84751
Contractor Name: All Terrain Tractor Service Inc.
Address: 949 Shadick Drive
Orange City, FL 32763
Phone No: 386-218-6969
Surety Company: Merchants Bonding Company (Mutual)
Surety Address: P.O Box 14498
Des Moines, IA 50306 - 3498
Surety Phone No: 515-243-8171
Owner Name:
City of Sanford
Address:
300 Not Park Avenue
Sanford, FL 32771
Phone No:
407-328-7848
Obligee Name:
(if different for property
owner)
Obligee Address:
Obligee Phone No:
Project Name: Cloud Branch Phase III -Side Streets-IFB 17/18-42., Sanford, FL
Project Location: Seminole Countv, Florida
Legal Description: Cloud Branch Phase III -Side Streets-IFB 17/18-42, Seminole
County, Sanford, FL
4 *'r
Bond No. FLC84751
SECTION 00605
PERFORi1IANCE 13OND
KNOW ALL MEN BY THESE PRESENTS:
That All Terrain Tractor Service, Inc.
(Name of CON`fRACTOR)
949 Shadick Drive, Orange City, FL 32763
(Address of CONTRACTOR)
R _._--------__-_ Corporation hereinafter called
(Corporation, Partnership or Individual)
Principal, al, and Merchants Bonding Company (Mutual)
---- -.. -- — — ---- ---(Name of Sure(y)
P.O Box 14498 Des Moines IA 50306 - 3498
(address of Surety)
hereinafter called Surety, are held and firmly bound unto t) City.ofSanford Fforit a hereinafter called OWNER, in
the full and just Stmt of One-HundredFo-rty_SevenJlaosLeand_Four Hundred Se_v-en-and 87/100 _ DOLLARS (S 147,407.87) (❑
lawfal money of the United States, for the payment of which sum well and truly to be made, we hind ourselves,
successors, and assigns, jointly and severally, firmly by these presents. The suns shall not be less than one hundred percent
(100%) of the Contract Price,
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain A�ri tcenient with the
OWNER, dated thc�� _ _.___.. cfa� of _ _ L4:
a copy of which is hereto aliached and made a part liercof Im the construction of 2)
City of Sanford
Cloud Branch -Phase III -Side Streets,IFB 17/18-42
1) Nmne of 0witer
2) A-an1e of-Profcet identified nr histructions to Bidders
This bond is being entered into to satisfy the re(7uirements cif Section 255,05, Florida Statutes and the Agreement referenced
above, as the same may be amended.
The Surety shall be bound by any mud ail alternative dispute resolution awards and settlements to the sante extent as
CONTRACTOR is bound.
NOW, THEREFORE', the condition ofthis obliLation is such that ifPriucipal:
A. Promptly aid faithfully performs its duties, all the covenants, terms, conditions, and agreements of said
, II reeruerit incfiding. bili flol limited to tho insmance provisions, pu:u'aity period an,:f the warrants,
provisions, in the time and mailer prescribed in tile- Agreeniew
B. Pays OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' tees,
iucludin� costs miff attorney's fees oil appeal that OWNER sustains resulting directly or indirectly from any
breach or default by Principal under the Agreement, aid PERFORMANCE BONE)
C. Satisfies all claims and demands iticurred wider the Agreement, and fully indemnifies and holds harmless the
OWNER fi-on) all costs and damages which it may suffer by reason or failure to do so, 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 <nid tile Contract Documents of which the Agreement is a part.
IFB 17/18-42 Cloud Branch Phase III - Side Streets
SECTION 00605 Page 2 of 3
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 ill effect,
the Surety shall remain liable to the O\VNER for all such loss or dannage.
In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also
indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including reasonable
attorneys' fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to
fulfill its obligations hereunder. This subsection shall survive the termination or cancellation ofthis Performance Bond.
The Surety stipulates and agrees that its obligation is to perform the Principal's work tinder the Agreement wider the
Bond, The following shall not be considered performance under the Band: (i) Surety's futancing of the Principal to keep
Principal from defaulting tinder the Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and
(iii) Surety's election to do nothing under file Bond shalt be construed as a material breach of tine Bond and bad faith by the
Surety. 'The Surety agrees that its obligation under the 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 Principal's Contract (rice or (ii)re-bid
and re -let the Principal's Work to a completing contractor with Surety remaining liable for tine completing contractor's
performance ofthe Principal's Work and furnishing adequate funds to complete the Work. The Surety acknowledges that its
cost of completion upon defamlt by the Principal may exceed the Contract Price. ht any event, the Principal's Contract
Time is of the essence and applicable delay damages are not waived by O\\FNF�R.
'file Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and
not conditional or contingent upon OWNER's pursuit of its remedies against Principal, shall remain in full force anwl
effect notwithstanding (i) amendtnnents or modifications to the Agreement entered into by OWNER and Principal without
the Surety's knowledge or consent (ii) waivers of compliance with or nay default under tine Agreement granted by
OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations
under tine Agreement 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 limitation of the liability or Principal or its estate as a result of auty such proceeding.
Any changes in or under the Agreement and Contract f)ocuments and compliance orttoncontpliaitce with amy formalities
connected with the ,Agreement or the changes thereat shall not affect Surety's obligations under this Bond and Surety
hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum ofthis Bond shall
increase or decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to flue Agreement
and Contract Documents.
The Pertbrinance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other
This Bond is intended to comply With the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to
provide comnnon law rights more expansive 1111111 as required by statute. The Surety agrees that this Bond shalt be
construed as a common law bond.
IN WITNESS \VI IEREOF. this instrument is executed this the � d'av of �T
AVIT' Sf:
Secretary (Principal)
Typed Name
(CORPORATE SEAL)
IFB 17/18-42 Cloud Branch Phase II'I - Side Sheets
All Terrain Tractor Service, Inc.
Principal (Contractor)
By Vature)
:J C: vt --, s i C �ru
Typed Name and Title
949 Shadick Drive
Address
Orange City, FL 32763
City, State, zip
(Witness to Principa))
Please See Attached Power of Attorney
(Surety) Secretary
Typed Name
(CORPORATE SIAL)
Witness as;�U 5tllrrety
Mvoshi McDavid
Typed Name
Witness as to Surety
Brian Turner
`typed Name
ORD
(386) 218-6969 (386) 218-6970
Telephone No. facsiill ileNo.
Typed Name ATTEST:
Merchants Bonding Company (Mutual)
Surety,
(515) 243-8171 (515) 243-3854
Telephone No. facsimile No.
-" Attorney -in -Pact
Don Bramiage, Attorney -In -Fact & FL Resident Agent
Typed Name
4380 St. Johns Parkway, Suite 110
Address
Sanford, FL 32771
City, State, Zip
A407)3307.3990 330-3990 (40 )330_3949
Teleplione No. Facsimile No.
NOTE: Date of the Bond must not be prior to (late of Agreement. If CONTRACTOR is a joint venture, all ventores' shall
execute the Bond. If CONTRACTOR is partnershi)), all partners shall execute the 13011d.
EMPORTANT: Surety companies execltiigBonds musl 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 ill
writing by OWNER.
ATTACH a certified Power-ol'Attorney appointing individual Attorney -in -Fact for exceution ofl,erformance Bond on
behalf of Surety.
END OF SECTION 00605
IFB 17/18-42 Cloud Branch Phase 111- Side Streets
Nielson, Mosholder & Associates
A member of Nielson & Company, Inc.
4380 St. Johns Pkwy, Ste. 110, Sanford, Florida 32771
(407) 330-3990
PUBLIC WORKS BOND
In compliance with Florida Statutes 255.05 (1)(a)
PAYMENT BOND
BOND NO: FLC84751
Contractor Name: All Terrain Tractor Service. Inc.
Address: 949 Shadick Drive
Orange City. FL 32763
Phone No: 386-218-6969
Surety Company: Merchants Bonding Company (Mutual)
Surety Address: P.O Box 14498
Des Moines, IA 50306 - 3498
Surety Phone No: 515-243-8171
Owner Name: City of Sanford
Address: 300 North Park Avenue
Sanford, FL 32771
Phone No: 407-328-7848
Obligee Name:
(if different for property owner)
Obligee Address:
Obligee Phone No:
Project Name: Cloud Branch Phase III -Side Streets-IFB 17/18-42., Sanford, FL
Project Location: Seminole County, Florida
Legal Description: Cloud Branch Phase III -Side Streets-IFB 17/18-42, Seminole
County, Sanford, FL
Bond No. FLC84751
STICTION 00610
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
All Terrain Tractor Service, Inc.
(Name of CONTRACTOR)
949 Shadick Drive, Orange City, FL 32763
(Address of CONTRACTOR)
hereinafter called
(Corporation, Partnership or Individual)
Principal, and Merchants Bonding Company (Mutual)
(Name of Surety)
P.O Box 14498, Des Moines, IA 50306 - 3498
(Address of Surety)
hereinafter called Surety, are held and firmly botmd auto I) City of Sanford, Florida hereinafter called OWNER, in the full
and just Stun of One Hundred Forty Sevin Thousand Four ndred Seven and 87(100
_ DOLLARS (S .147,407.8Z...___ ) _in lawful money of the United States, for the payment
of which stun wetl and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by
these presents. The sum shall riot be less than one tmndred ten percent (110%) of the Contract Price.
THE CONDITION Of :F41S OBLIGATION s su ll that whereas, the Principal entered into a certain Agreement N� ,I
the OWNER, dated the / dayot__�
_ m copy of which is hereto attached mud made a part hereof for the construction of 2)
Cloud Branch Phase I11 - Side Streets, IFB 17118-d2
i) Name oJ'0ivncr
2) A'utrre g11)iect idemficd in Ltsn•uctions to Biddcrs
The Surety shall be bound by ally and all alternative dispute resolution awards and settlements to the same extent as
CONTRAC TOR is bound.
NOH 'l IEREFORE, 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 Elie Work provided tier in the Agreement, then this obligation shill be void;
otherwise, it shall remain ill full force and effect subject, however, to the following conditions:
Tills Bond is furnished for the purpose of complying with tine requirements of Section 255.05, Florida
Statutes, as the same may be amended. Therefore, a claimant, except a laborer, infill is not in privily
with the CONTRACTOR and who has not received payment for his labor, A\Materials or supplies shall,
within darty -five (45) days after beginning to furnish labor, Materials or supplies for the prosecution of the
Work, fim-nish the CONTRACTOR with a notice that he intends to look to the Bond for protection. A
claimant who is not in privity with the CONTRACTOR and who has not received payment for his labor,
Nlaterials or supplies shall within ninety (90) days after performance of the labor or completion of
delivery of Elie Materials or supplies, or, with respect to rental equipment, within 90 days after the date
that Elie rental equipment was last on the job site available for use, deliver to Elle CONTRACTOR and to
the Surety written notice of the performance of the labor or delivery of the Nlaterials or supplies
and of the nonpayment. No action for the labor, Materials or supplies may be instituted against the
CONTRACTOR or Elie Surety on the bond after one year from the perfiarill alice of the labor or
completion of (tie delivery of the Materials or supplies.
11713 17/18.42 Cloud Branch Phase Ill - Side Streets
6 SX��FQRD
,
SECTION 0061.0 Page 2 of 3
2. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder sliall remain in
full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by
OWN17R and Principal without (lie Surety's knowledge or consent, (d) waivers of compliance with or any
def1ault ander the Agreement granted by OWNER to Principal without the Surety's knowledge or consent,
or (iii) the discharge of Principal from its obligations under the Agreement as a result of lily
proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or any similar
state or federal law, or any limitation of the liability or Principal or its estate as a result of any such
proceeding.
Any changes in or undcr the Agreement or Contract Documents and compliance or noncompliance with
any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations
under this Bond and Surety hereby \vii\,cs notice of any such changes. further, Principal and Surety
I
acknowledge that the Sum of this Bond shall increase or decrease in accordance with the Change Orders
(unilateral and bilateral) or other modifications to the Agreement or Contract Documents.
4. The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct
from each other.
FN WI � �E��SS WHEREDF, this instrument is executed this the da), of +
Arm.s,r:
Secretary (Principal)
Typed N,,mie
(CORPORATF, SEAL)
(Williess to Principal)
Typed Name
ATTY'ST:
Please See Attached Power of Attorney
(Surety) Secretary
Typed Name
(CORPORATE SEAL)
IFB 17/18-42 Cloud Branch Phase III - Side Streets
All Terrain Tractor Service, Inc.
Principal (Contractor). -
Ely (Si« a
111,C)
typed Name and Title
949 Shadick Drive
Address
Orange City, FL 32763
City, State, Zip
(386) 218-6969 (386) 218-6970
Telephone No. Facsimile No.
Merchants Bonding Company (Mutual)
Surety
(515) 243-8171 (515) 243-3854
Telephone No. Facsimile No.
.Y CA
.il Ut
7
{ a.r�tl„ .,
By: ALI
Witness, to Surety �� Attorney -in -Fact �
Myoshi McDavid Don Bramlage, Attorney -In -Fact & FL Resident Agent
Typed Name Typed Name
4380 St. Johns Parkway, Suite 110
Witness as to Surety Address
Brian Turner Sanford, FL 32771
Typed Name City, State, lip
(407) 330-3990 (407) 330-3949
Telephone No. Facsimile No.
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all ventures'
Shall execute the Bond. If CONTRACTOR is Partnership, all partners shall execute Bond.
EMPORTANT: Surety companies executing Bonds crust 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 O\V%NtR.
ATTACH a certified Power -of -Attorney appointin- individual Attorney -in -Fact for execution of Performance Bond on
behalf of Surety.
I'Ntil) OFSECITON O0610
IFB 17118.42 Cloud Branch Phase III a Side Streets
r
BONDING
POWER ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually,
Don Bramlage; Edward M Clark; Laura D Mosholder
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding, Inc., on October 16, 2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 10th day of October 2017
10N •.
may. GDRPO�+9A �p ,O P(j9 •, y MERCHANTS BONDING COMPANY (MUTUAL)
�: • �: 9,A.��, MERCHANT NATIONAL BONDING, INC.
:Q2 -o- O:0
1 2003!jo; : ti 1933 c: By
• ; C`r. «<
• •`y3e`' •gid a l
'•,�•lqj''........ •, fly" r '' t\,� President
STATE OF IOWA `'"•'++"``` `""'
COUNTY OF DALLAS ss.
On this this 10th day of October 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
110
ALICIA K. GRAM
Commission Number 767430
My Commission Expires -
rp,e April 1, 2020'
Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
1, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby
certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full
force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of
1 •. A � '•.
•gyp\NCS .CtlijpA.
0.
a,
~
2003
Q' 1933 ' c' Secretary
POA 00 18 (3/17) ���`'"..."``���
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