HomeMy WebLinkAbout2639 Sawcross - IFB 24/25-20R NWRF Actiflow Refurbishment (perf bond)Bond No.: 2370347 SECTION 00605
PROCUREMENT PERFORMANCE BOND
(100% of Contract Price)
KNOW ALL MEN BY THESE PRESENTS, that we,
Sawcross, Inc., 10970 New Berlin Road, Jacksonville, FL 32226, (904) 751-7500 as
Principal/Contractor,and Swiss Re Corporate Solutions America Insurance Corporation ,
as Surety, are held and firmly bound unto the CITY OF SANFORD, FLORIDA, as a
municipal corporation of the State of Florida, as Obligee/City, in the sum of (Written Dollar
Amount) dollars ($ 1,989,000.00 ) lawful money of the United
States of American, for the payment of which well and truly to be made, we bind ourselves,
our heirs, executors, administrators.. successors, and assigns, jointly and severally by these
presents. 'One Million Nine Hundred Eighty-nine Thousand And No/100
WHEREAS, Contractor has by written agreement dated (A ` , 2025, entered
into a Contract with the City of Sanford in accordance with a bid (whether a proposal,
response or other submission, by whatever name or of whatever nature) issued by the City
for the furnishing of all labor, materials, equipment, machinery, tools, apparatus, means of
transportation for, and the performance of the work covered in the procurement documents
which relative to the City's purchasing or procurement solicitation entitled
IFB 24/25-20R, NWRF Actiflow Refurbishment, Located at: 1201 W. Seminole Blvd., Sanford, FI, 32771
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall
promptly and faithfully perform said Contract as obligated to do so for the City and in
accordance with all terms and conditions of the Contract, then this obligation shall be null and
void; otherwise, it shall remain in full force and effect.
THE SURETY HEREBY WAIVES notice of any alteration or extension of time made
by the City.
WHENEVER CONTRACTOR SHALL BE AND DECLARED by the City to be in default
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under the Contract, the Gity having performed Glty's obligations thereunder, the Surety may
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promptly remedy the default or shall promptly:
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(1). Complete the Contract in accordance with its terms and conditions to include,
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not be limited to, the time of performance, which is of the essence; or
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(2). Expeditiously obtain a bid or bids for completing the Contract in accordance with its
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terms and conditions, and upon determination by Surety of the most responsible bidder, or if
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the City elects, upon determination by the City and the Surety jointly of the most responsible
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bidder, arrange for a Contract between such bidder and the City, and make available as work
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progresses (even though there should be a default or a succession of defaults under the contractor
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contracts of completion arranged under this paragraph) sufficient funds to pay the cost of
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completion less the balance of the contract price; but not exceeding, including other costs and
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damages for which the Surety may be liable hereunder, the amount set forth in the first
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paragraph hereof. The term balance of the contract price", as used in this paragraph, shall be
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paid to the Contractor under the contract and any amendments thereto, less the amount properly
paid by the City to the Contractor.
NO RIGHT OF ACTION SHALL ACCRUE on this bond to orforthe use of any person or
Surety Information: Obligee Information:
1 a g e 1200 Main Street, Suite 800 300 North Park Avenue,
Kansas City, MO 64105 Sanford, FL 32771
(816) 235-3700 (407) 668-5000
SECTION 00605
PROCUREMENT PERFORMANCE BOND
(100% of Contract Price)
corporation other than the City named herein or the heirs, executors, administrators, or
successors of the City.
NOTICE TO THE OBLIGEE that this Bond will expire prior to performance of the
Principal's obligations, shall be deemed a default. Notices under this bond shall be directed
to the City Manager at the City Hall of the City of Sanford. And notices to the Principal and
Surety shall be to their mailing addresses as set forth in the records of the Florida
Department of State.
THIS BOND SHALL BE KEPT IN FULL FORCE AND EFFECT by the Principal at
all times until release by the Obligee. In the event of any material change, cancellation,
expiration or non-payment of premiums, the Surety shall notify the City by certified mail or
registered mail, return receipt requested, at least thirty (30) days prior to the effective date
of the change, cancellation, or expiration of this Bond. Notice to the Obligee that this Bond
will expire prior to performance of the Principal's obligations shall be deemed a default.
SIGNED, SEALED AND DATED THIS`LL %AY OF ° 2025.
[Signature lines in a legally binding form.]
ACCEPTED BY:
ATTEST.- CIT ,PF SA F
\No ajaill A�y
1� l 1 NFOA.v
Traci Houchin, MMC, FCRM o4 ` rt Woodruff
City Clerk Al Mayor, ity f fo
V Sawcross Inc.
Approved as to for nd
i
21 P .�
lega
fi I Mark Hickinbotham, P
ent
INC'
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ridaU�'�.O�A?—
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Q It) Cjv9o,'4
-,' ' `��`- _ Swiss Re Corporate Solutions America Insurance Corporation,,,"
Greene, City Attorney10
Note: (1).
(2).
(3).
(4).
Allyson Voss Wing, Attorney -in -Fact & FL nt Agent
Write in the dollar amount of the bond, which must the same as the'a110id lnhefl
Solicitation. c1tries (40Z) . 4=0022
All bonds signed by an agent must be accompanied by a certified copy of rkil.Ch ' p. .. )a
agent's authority to act. .,r 4 '_tj
Attorneys-in-factwhosign Bid Bonds or Contract Bonds must filewitheach bor3dacs�t*!�tds,
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Date of the Bond must not be prior to date of Agreement. If CONTRA(77:06.R4sall ventures shall execute the Bond. If CONTRACTOR is Partnerships all-partrt�rMe
Bond. IMPORTANT: Surety companies executing Bonds must appsiRr. 04� su��
Department's most current list (Circular 570 as amended) and be aut`�'%nzr�Q jq ran9�cf,• .�
business in the State of Florida, unless otherwise specifically approved in vVH by 6WNER.��;�
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SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ('SRCSAIC')
SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION (-SRCSPIC')
11'ESTPORTINSURANCECORPORATION ('%N'IC')
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. THA"I SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and
having its principal office in the City of Kansas City. Missouri. and SRCSPIC, a corporation organized and existing under the laws of the State of
Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its
principal office in the City of Kansas City. Missouri. each does hereby make. constitute and appoint:
BRYCE R. GUIGNARD, APRIL L. LIVELY, JENNIFER L. HINDLEY, MARGIE L. MORRIS, DEBORAH ANN DEFOE,
M. GARY FRANCIS, CHRISTINE MORTON, KELLY PHELAN, ALLYSON FOSS WING, DAVID TURCIOS,
WESLEY MATT ADCOCK and AMANDA JO HERSTME JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law. regulation, contract or other vise. provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
TWO HUNDRED MILLION ($200.000.000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its
Executive Committee dated)uly 18.2011.
"RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant
Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of
Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
bindine uoon the Corporation when so affixed and in the future with R and to any bond, undertaking or contract of surety to which it is attached."
c•,,, J�, S �MEa mo.. � iF'•'••.
_ter •J .
1N WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their
authorized officers
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seals to be hereunto affixed. and these presents to be signed by their
Ihis28TH day of fLJNE 20 24
Swiss Re Corporate Solutions America Insurance Corporation
State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation
County of Cook Q Westport Insurance Corporation
On this 28TH day of JUKE , 20 24 , before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC
and Senior Vice President of SRCSPTCnd Senior Vice President of WIC and Gerald Jaerowski , Vice President of SRCSAIC and Vice President of
SPCSPIC and Vice President of WIC, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attomey
as officers of and acknowledged said instrument to be the voluntary act and deed oftheirresptlt ive '//mpaniess../�•
KarenSLWzweda, Notary
1, Jeffrey Goldbere. the duly, elected Senior Vice President and Assistant Secretary of SRC .(I C and SRCSPIC and WIC, do hereby certify that the aboys and
foregoing is a true and correct copy of a Power ofAttomeygiven by said SRCSAIC and SRCSPIC and WIC, which is still in full force. artd effect, 1 vF r
IN WITNESS WHEREOF. I have set my hand and affixed the seals of the Companies this_day of 20\a
KAREN M SZWEDA
NOWY P'thr. Stile of Ik"
Cam6lion No. 978626
C ffmft on E*" September 26. 2027
Jeffrey Goldberg, Senior Vice PresidenI.A A
Assistant Secretary of SRCSAIC ind;*
SRCSPIC and WIC = r •
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PROCUREMENT PAYMENT BOND
SECTION 00610
Bond No.: 2370347 (100% of Contract Price)
Sawcross,� iRW10970 �ew Berlin NO, JacksBonville, FLT PRESENTS, that we,
(904) 751-756b as Principal/Contractor, and
Swiss Re Corporate Solutions America Insurance Corporation , as Surety, are held and firmly
bound unto the CITY OF SANFORD, FLORIDA, as a municipal corporation of the,State of
Florida, as Obligee/City, in the sum of (Written Dollar Amount) dollars
($ 1,989,000.00 ) lawful money of the United States of
American, for the payment of which well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally by these presents.
'One Million Nine Hundred Eighty-nine Thousand And No/100
WHEREAS, Contractor has by written agreement dated 2025, entered into
a Contract with the City of Sanford in accordance with a bid (whether a proposal, response
or other submission, by whatever name or of whatever nature) issued by the City for the
furnishing of all labor, materials, equipment, machinery, tools, apparatus, means of
transportation for, and the performance of the work covered in the procurement documents
which relative to the City's purchasing or procurement solicitation entitled
IFB 24/25-20R, NWRF Actiflow Refurbishment, Located at: 1201 W. Seminole Blvd., Sanford, FL 32771
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if said
Contractor and all subcontractors to whom any portion of the work provided for in said Contract is
sublet and all assignees of said Contract and of such subcontractors shall promptly make
payments to all persons supplying him or them with labor, products, services, or supplies for or
in the prosecution of the work provided for in such Contract, orin any amendment or extension
oforaddition to said Contract, and for the payment of reasonable attorney's fees, incurred by the
claimants in suits on this bond, then the above obligation shall be void; otherwise, it shall remain
in full force and effect.
HOWEVER, this bond is subject to the following conditions and limitations:
(1) Any person, firm, or corporation that has furnished labor, products, or supplies
for or in the prosecution of the work provided for in said Contract shall have a direct right of
action against the Contractor and Surety on this bond, which right of action shall be asserted in
a proceeding instituted in Seminole County, Florida. Such right of action shall be asserted in
proceedings instituted in the name of the claimant or claimants for his or their use and benefit
against said Contractor and Surety or either of them (but not later than one year after the final
settlement of said Contract) in which action such claim or claims shall be adjudicated and
judgment rendered thereon.
(2). The Principal and Surety hereby designate and
appoint Guignard Company as the
agent of each of them to receive and accept service of process or other pleading issued orfiled in
any proceeding instituted on this bond and hereby consent that such service shall be the same as
personal service on the Contractor and/or Surety.
(3). This bond is given pursuant to and in accordance with the controlling provisions
of Section 255.05(1) Florida Statutes, and all the provisions of the law referring to this
Surety Information: Obligee Information: 1 1"
1200 Main Street, Suite 800, Kansas City, MO 64105 300 North Park Avenue, Sanford, FL 3277'
(816) 235-3700 (407) 668-5000
PROCUREMENT PAYMENT BOND
SECTION 00610
(100% of Contract Price)
character of bond as set forth in any sections or as may be hereinafter enacted, and these are
hereby made a part hereof to the same extent as if set out herein in full.
NOTICE TO THE OBLIGEE that this Bond will expire prior to performance of the
Principal's obligations, shall be deemed a default. Notices under this bond shall be directed
to the City Manager at the City Hall of the City of Sanford. And notices to the Principal and
Surety shall be to their mailing addresses as set forth in the records of the Florida
Department of State.
THIS BOND SHALL BE KEPT IN FULL FORCE AND EFFECT by the Principal at
all times until release by the Obligee. In the event of any material change, cancellation,
expiration or non-payment of premiums, the Surety shall notify the City by certified mail or
registered mail, return receipt requested, at least thirty (30) days prior to the effective date
of the change, cancellation, or expiration of this Bond. Notice to the Obligee that this Bond
will expire prior to performance of the Principal's obligations shall be deemed a default.
SIGNED, SEALED AND DATED THI AY OF-7C'('YYli�C'I'" 2025.
[Signature lines in a legally binding form.]
ACCEPTED BY:
ATTEST.- CITY OF SANFO
Aq�j 16 ict o,
Traci Houchin, MMC, FCRM �,Q• �; Art oodruff
City Clerk ok ',Mayor, Git of San d, FI �/da
`
,�
[Date: �.i t� '��'•' pFZAT�'•.
F; IIIC,a Sawcross, Inc.
Approved as to form and legs' " .; ' p :
.,�� `
41
Mark Hickinbotham, President
Swis a Corp rate olutions America Insufance Onr�r`atWrr �,
Lin s y Greefie, City Attorney
Allyson toss Win, Attorney -in -Fact & FL Licensed , sident Agbnt
NOTES: (1). Write in the dollar amount of the bond, which must the same as the amount bi yy��Ah�, �
Solicitation. IngUMis`1��P�'8'36CL'
(2). All bonds signed by an agent must be accompanied by a certified copy of-; inch. '•.• •Po
agent's authority to act p
(3). Attorneys-i n-fact who sign Bid Bonds or Contract Bonds must file with eachbon ertifie4'
�.�".%`
(4). Date of the Bond must not be prior to date of Agreement. If CONTRACt s a4i9%(t • �,
venture, all venturers shall execute the Bond. If CONTRACTOR is-'P2-perq!g p �a I o q aG
partners shall execute Bond. IMPORTANT: Surety companies execatiag ds mu t.
appear on the Treasury Department's most current list (Circular 570,as aale�d) , \� c,
and be authorized to transact business in the State of Florida, unlegs,-*erwise�;.•.k�
specifically approved in writing by OWNER. ATTACH a certified Power-o`f,= t '**+,
appointing individual Attorney -in -Fact for execution of Performance Bond on b re f
Surety.
This bond is given to comply with section 255.05 Florida Statutes, and any action instituted by a 2
claimant under this bond for payment must be in accordance with the notice and time limitation
provisions in Section 255.05(2) and Section 255.05(10), Florida Statutes.
SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC')
SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC-)
WESTPORT INSURANCE CORPORATION (-WIC-)
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC. a corporation duly organized and existing under laws of the State of Missouri, and
having its principal office in the City of Kansas City. Missouri. and SRCSPIC, a corporation organized and existing under the laws of the State of
Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its
principal office in the City of Kansas City. Missouri. each does hereby make. constitute and appoint:
BRYCE R. GUIGNARD, APRIL L. LIVELY, JENNIFER L. HINDLEY, MARGIE L. MORRIS, DEBORAH ANN DEFOE,
M. GARY FRANCIS, CHRISTINE MORTON, KELLY PHELAN, ALLYSON FOSS WING, DAVID TURCIOS,
WESLEY MATT ADCOCK and AMANDA JO HERSTINE JOINTLY OR SEVERALLY
Its true and lawful Attorneys) -in -fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law. regulation, contractor otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of. -
TWO HUNDRED MILLION ($200.000.000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on tite 18th ofNovember2021 and WIC by written consent of its
Executive Committee dated July 18, 2011.
"RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant
Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of
Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
bindine uvoppn,the Corporation when so affixed and in the future with E� and to any bond. undertaking or contract of surety to which it is attached."
NS AME•;Y.,, .°`Ov4s PRfyjF"••.
-,-' ,4P0R��F ,� ,.•` Jpp90R,o'1.4, By .rY\l �� t
- -SEAL'-
resi0<m er SRCSAIC & Srnbr Ire Frrs arnr
=F_ S E A L n i SPIC Senor \"ice Pr ern of NlC
.. A
'•,'b••'•.4iSSOU.. i 1973
M/SSOVp:'L�a
„ * Ger Jarronsld. ►'ice P si em�5 CS.UC& %i<e Pn!ident orSRCSPIC
a & i side N"IC
IN WITNESS WHEREOF, SRCSAIC, SRCSPIC. and WIC have caused their official seals to be hereunto affixed. and these presents to be signed by their
authorized officers
Ihis28TH day of JUNE 20 24
Swiss Re Corporate Solutions America Insurance Corporation
State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation
County of Cook Q Westport Insurance Corporation
On this 28TH day of 'ENE , 20 24 , before me, a Notary Public personally appeared Enk Janssens , Senior Vice President of SRCSAIC
and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jararowski , Vice President of SRCSAIC and Vice President of
SPCSPIC and Vice President of WIC, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney
as officers of and acknowledged said instrument to be the voluntary act and deed oftheir resp", iye rp mpamess.
Karen,anyeda, Notary
1,1eRiei Goldbere. the duly elected Senior Vice President and Assistant Secretan, of SRC? �((C and SRCSPIC and WIC, do hereby ceflifydhaaahe,aboye and
foregoing is a true and correct copy of a Power ofAttorneygiven by said SRCSAIC and SRCSPIC and WIC, which is still in full fo` Q slimy�ej,f, /'•,�
IN WITNESS WHEREOF. I have set my hand and affixed the seals of the Companies this__day of 20
KAREN M SZWEDA
HlMy Rill., StO of Irmo.
Cawmokin No. 976629
CMm' WW ExOm Sepwl'b" 26. 2027
Jeffrey Goldberg, Senior Vice Presfld&60 ty -'.3 -
Assistant Secretary ofSRCSA(C�bdf1- ` /` V : Z
SRCSPIC and WIC ICC �J O� 4r7
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GUIGNARD
SURET Y BONDS
September 11, 2025
City of Sanford
300 North Park Avenue
Sanford, FL 32771
Re: Authority to Date Bonds and Powers of Attorney
Principal: Sawcross, Inc.
Bond No.: 2370347
Project: IFB 24/25-20R, NWRF Actiflow Refurbishment,
1201 W. Seminole Blvd., Sanford, FL 32771
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.
Best regards,
Swiss Re Corporate Solutions America Insurance Corporation
A��N
Allyson Foss Wing
Attorney In Fact
�SEAL
4"1973�� .'
.�f f S S 0 .� `• �,�a
1904 Boothe Circle Longwood, FL 32750
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IR
Bond No. 800131091
SECTION 00610
PAYMENT BOND
(100% of Contract Price)
Project Name: Brownfield Remediation for Fulton Street Complex
City Contract No.: RFP 241/25-03
Contractor Surety
Name: Action Environmental. LLC Atlantic Specialty Insurance Company
Address: 204 20th Street North 605 Hiohwav 169 North. Suite 800
Birmingham, AL 35203 Plymouth, MN 55441
Phone No.: 205-777-0353 800-662-0156
Owner
Name: City of Sanford
Address: 300 N. Park Ave.
Sanford, FL. 32771
Phone No.: 407-688-5028
KNOW ALL MEN BY THESE PRESENTS that
The above named Contractor, as Principal, and the above named Surety. as SURETY, are held
and firmly bound unto the Owner, the City of Sanford, a Political Subdivision of the State of Florida.
in the full and just sum of $ 419,100.00 lawful money of the United
States of America, to the payment of which sum, well and truly to be made, the Contractor and
SURETY bind themselves, their representatives, and each of their heirs, executors,
administrators, successors and assigns, jointly and severely, firmly by these presents.
The Work consists of the clearing and grubbing of the site at West Fulton Street, preparation of a
final site remediation and cleanup plan, removal and proper disposal of contaminated soils in
accordance with the final cleanup and remediation plan, and grading of the site to leave in a pad
ready state in accordance with the "Construction Plans for the City of Sanford Rosemond
Property" dated October 13, 2023. Contractor shall be responsible for managing all EPA
requirements for monitoring, reporting, and close-out process.
WHEREAS, the Contractor has by written Agreement dated September 9 . 20 25
. entered into a Contract with the Owner for RFP NO. 24/25-03, for the project entitled Site
Work for Brownfield Remediation, for Fulton Street Complex, with conditions and provisions as are
further described in the aforementioned Agreement, which Agreement is by reference made a part
hereof for the purpose of explaining this bond.
Brownfield Remediation for Fulton Street Complex PAYMENT BOND (100% of Contract Price)
00610-1
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2025094597 Bk:10902 Pg:1720-1729(10Pgs)
REC: 09/24/2025 10:28:33 AM by cjones
RECORDING FEES $86.50
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:
t . 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. Any action instituted by a claimant under this Bond for payment must be in accordance
with the notice and time limitation provisions in Sections 255.05(2) and 255.05(10), Florida
Statutes.
3. This Payment Bond is conditioned that Contractor shall promptly make payments to all
persons defined in Secticn 713.01, Florida Statutes, whose claims derive from the
prosecution of the Work provided for in the Contract.
4. Pursuant to Section 255.05, Florida Statutes, a claimant, except a laborer, who is not in
privity with the Contractor shall, before commencing or not later than forty-five (45) days
after commencing to furnish labor. services, or materials for the prosecution of the Work,
serve the contractor with a written notice that he or she 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 furnishing his or her labor, services. or materials shall serve a written notice
of nonpayment on the Contractor and on the SURETY". The notice of nonpayment shall
be under oath and served during the progress of the Work or thereafter but may not be
served earlier than forty-five (45) days after the first furnishing of labor, services, or
materials by the claimant or later than ninety (90) days after the final furnishing of the
labor, services, or materials by the claimant or. with respect to rental equipment, later than
ninety (90) days after the date that the rental equipment was last on the job site available
for use.
5. The time periods for service of a notice of nonpayment or for bringing an action against a
Contractor or a Surety shall be measured from the last day of furnishing labor. services.
or materials by the claimant and may not be measured by other standards, such as the
issuance of a certificate of occupancy or the issuance of a certificate of substantial
completion.
An action, except an action for recovery of retainage, must be instituted against the
Contractor or the SURETY on the payment bond within one (1) year after the performance
of the labor or completion of delivery of the materials or supplies. An action for recovery
of retainage must be instituted against the Contractor or the SURETY within one (1) year
after the performance of the labor or completion of delivery of the materials or supplies.
The claimant shall have a cause of action against the Contractor and SURETY for the
amount due him or her; including unpaid finance charges due under the claimant's
contract. Such action may not involve the Owner in any expense.
Brownfield Remediation for Fulton Street Complex PAYMENT BOND (100% of Contract Price)
00610-2
Any changes in or under the Contract or Contract Documents and compliance or non-
compliance with any formalities connected with the Contract 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 Contract or Contract Documents. This Payment Bond shall not cover any
components or materials directly purchased and paid for by the Owner.
9. 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.
IN WITNESS WHEREOF, this instrument is executea this ism day of St emb
, 20 aS
ATTEST.
By: Secretary
Clnr i ski e lt) i 1lafcd-�
Typed Name of Secretary
nORA SEAL) Nu SEAL
Wness to CONTRACTOR)
W� 1Pry&-
T4Vame
�es'stoCONTRACTOR)
_1
Typed Narne
ATTEST.
Brownfield Remediation for Fulton Street Complex
PRINCIPAL/CONTRACTOR
Action Environmental, LLC
PRINCIPAL / CONTRACTOR
By: CONTRACTOR Signatory Authority
Typed Name and Title
204 20th Street North
Address
Birmingham, AL 35203
City, State, Zip
205-777-0353
Telephone No. Facsimile No.
SURETY
00610-3
PAYMENT BOND (100% of Contract Price)
(SURETY) �tJ
Beniamin B. Thompson
Typed or Printed Name
QSXAU;�l
Wdness as toURETY
Josh McDaniel
Typed or 7R-�J
'd Name
Vq
Witness as to SURETY
Lisa Pies$
Typed or Printed Name
Atlantic Specialtv Insurance Companv
SURETY
By
/ d
Ann Hlitmby
Typed or Printed Name
Attorney -in -Fact
Title
605 Highway 169 North, Suite 800
Address
Plymouth, MN 55441
City, State, Zip
800-662-0156
Telephone No. Facsimile No.
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 Owner.
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.
END OF SECTION
Brownfield Remediation for Fulton Street Complex
00610-4
PAYMENT BOND (100% of Contract Price)
intact
INSURANCE
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth,
Minnesota, does hereby constitute and appoint: Ann Hamby, Benjamin B. Thompson, Christopher Scott Hull, James Morris, James N. Dykes, Josh McDaniel,
each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds,
recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in
amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of
these presents, shall be as binding upon said Company as if they had been fully sighed by an authorized officer of the Company and sealed with the Company seal. This Power
of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the
twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and
all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the
Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company
seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in -
Fact.
Resolved: That the Attomey-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds,
recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall
be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attomey-in-Fact is hereby authorized to verify any affidavit
required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY
INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by
facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond,
undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company
as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though
manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company
to be affixed this first day of January, 2023.
SEALS
1986 By
STATE OF MINNESOTA =Z6 tF:r .oar Js
HENNEPIN COUNTY
Sarah A. Kolar, Vice President and General Counsel
On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to
me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me
duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the
signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
ALISON D. NASH-TROUT A//
+ NOTARY PUBLIC - MINNESOTA %SYrI /Y�t{lx�-
s
My Commission Expires
January 31, 2030 Notary Public
I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full
force and has not been revoked, and the resolutions set forth above are now in force.
Signed and sealed. Dated day of . 2025
This Power of Attorney expires
January 31, 2030
,.•f��Y IN q`�.,,•.
3n SEAL ^
1986
s.y'K rOP�aa'
.., .... s^
Kara L.B. Barrow, Secretary
Bond No. 800131091
SECTION 00605
PERFORMANCE BOND
(100% of Contract Price)
Project Name: Brownfield Remediation for Fulton Street Complex
City Contract No.: RFP 24/25-03
Contractor Surety
Name: Action Environmental, LLC _ Atlantic Specialty Insurance Company
Address. 204 20th Street North 605 Highway 169 North, Suite 800
Birmingham, AL 35203 Plymouth, MN 55441 _
Phone No.: 205-777-0353 800-662-0156
Owner
Name: City of Sanford
Address. 300 N. Park Ave.
Sanford, FL. 32771
Phone No.: 407-688-5028
KNOW ALL MEN BY THESE PRESENTS that
The above named Contractor, as Principal, and the above named Surety, as SURETY, are held
and firmly bound unto the Owner, the City of Sanford, a Political Subdivision of the State of Florida,
in the full and just sum of $ 419.100.00 , lawful money of the United
States of America, to the payment of which sum, well and truly to be made, the Contractor and
SURETY bind themselves, their representatives, and each of their heirs, executors,
administrators, successors and assigns, jointly and severely, firmly by these presents.
The Work consists of the clearing and grubbing of the site at West Fulton Street, preparation of a
final site remediation and cleanup plan, removal and proper disposal of contaminated soils in
accordance with the final cleanup and remediation plan, and grading of the site to leave in a pad
ready state in accordance with the "Construction Plans for the City of Sanford Rosemond
Property" dated October 13, 2023. Contractor shall be responsible for managing all EPA
requirements for monitoring, reporting, and close-out process.
WHEREAS, the Contractor has by written Agreement dated , 20 _
, entered into a Contract with the Owner for RFP No. 24/25-03, for the project entitled Site
Work for Sanford Public Works Operations and Emeraencv Response Facility, with conditions and
provisions as are further described in the aforementioned Agreement, which Agreement is by reference
made a part hereof for the purpose of explaining this bond.
Initial Construction - Georgetown Storm Sewer Upgrades PERFORMANCE BOND (100% of Contract Price)
00605-1
NOW, THEREFORE, the condition of this obligation is such that if Principal:
Promptly and faithfully performs its duties. all the covenants, terms. conditions, and agreements
of said Contract including, but not limited to the insurance provisions, guaranty period and the
warranty provisions, in the time and manner prescribed in the Contract. and
Pays Owner all. losses, damages, delay damages (liquidated or actual), expenses, costs and
attorneys' fees, including costs and attorney's fees on appeal that Owner sustains resulting
directly or indirectly from any breach or default by Principal under the Contract, then this bond
is void: otherwise it shall remain in full force and effect.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract.
the Owner having performed Owner's obligations thereunder, the SURETY shall promptly
remedy the default or shall promptly:
A. Complete the Contract in accordance with its terms and conditions; or
B. Expeditiously obtain a bid or bids for completing the Contract in accordance with
its terms and conditions, and upon determination by SURETY of the lowest
responsible qualified bidder, award a contract, or, if the Owner elects, upon
determination by the Owner and the SURETY jointly of the lowest responsible
bidder, to have the SURETY arrange for a contract between such bidder and
Owner, and for the SURETY to make available as Work progresses sufficient funds
to pay the cost of completion less the balance of the Contract price (even though
there should be a default or a succession of defaults under the contract or contracts
of completion arranged under this paragraph). The term 'balance of the Contract
price," as used in this Bond, shall mean the total amount payable by Owner to
Contractor under the Contract and any approved change orders thereto, less the
amount properly paid by Owner to Contractor. The SURETY shall pay Owner all
remaining losses, delay and disruption damages, expenses, costs, and statutory
attorney's fees, including appellate proceedings, that Owner sustains because of
a default by Contractor under the Contract.
Any changes in or under the Contract Documents (which include the Plans, Drawings, and
Specifications) and compliance or noncompliance with any formalities connected with the
Contract or the changes therein shall not affect SURETY's obligations under this Bond
and SURETY hereby waives notice of any such changes.
The SURETY's monetary obligations to the Owner shall not be reduced by legal fees and
costs incurred by the SURETY arising out of Contractor's default.
4. The 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 and effect notwithstanding
(i) amendments or modifications to the Contract entered into by Owner and Principal without
the SURETY's knowledge or consent (ii) waivers of compliance with terms of the Contract
granted by Owner to Principal without the SURETY's knowledge or consent, or (iii) the
discharge of Principal from its obligations under the Contract as a result of any proceeding
Brownfield Remediation for Fulton Street Complex PERFORMANCE BOND (100% of Contract Price)
00605-2
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 of Principal or its estate as a result
of any such proceeding.
5. The Surety shall indemnify and hold the Owner harmless frorn any and all claims and
damages. arising from the Contractor's default under the Contract including, but not limited
to, contractual damages, expenses, costs, injury, negligent default, or intentional default,
patent infringement and actual damages in accordance with the Contract-
6. In the event that the SURETY fails to fulfill its obligations under this Performance Bond, then
the SURETY shall 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 from the SURETY's failure to fulfill its obligations hereunder. This
paragraph shall survive the termination or cancellation of this Performance Bond.
7. The Contractor shall save the Owner harmless from any and all damages, expenses and
costs which may arise by virtue of any defects in said work or materials within a period of
two (2) years from the date of Final Completion, of the Project.
8, 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 WHEREOF, this instrument is executed this tq"� day of
A TTES T.
( lk,fali w)-006r�.b'�
By: Secretary
C_jnri sft Lt) i I taree
Typed or Printed Name
(CORPO E SEAL) tJt;SEAL
'itaes9 ONTRACTOR)
Typed or Printed Name
PRINCIPAL/CONTRACTOR
Action Environmental. LLC
PRINCIPAL / CONTRACTOR
By: CONTRACTOR Signatory Authority
Typed or Printed Name and Title
204 20th Street North
Address
Birmingham, AL 35203
City, State, Zip
19 'e 5�&? 14-6- l e7e / 205-777-0353
(Witness to ONTRACTOR) Telephone No. Facsimile No.
Typeff orr Prnted Name
Brownfield Remedlation for Fulton Street Complex
00605-3
PERFORMANCE BOND (100% of Contract Price)
ATTEST:
(SURETY��4
Benjamin B. Thompson
Typed or Printed Name
��,n �, �cI .
fitness as to SURETY
Josh McDaniel
Typed or P
rintName
Q.
Witness as to SURETY
Lisa Pless
Typed or Printed Name
SURETY
Atlantic Specialty Insurance Company
SURETY
By: --
AnTHmby _
Typed or Printed Name
Attorney -in -Fact
Title
605 Highway 169 North, Suite 800
Address
Plymouth, MN
City, State, Zip
800-662-0156
Telephone No. Facsimile No.
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 Owner.
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.
END OF SECTION
Brownfield Remediation for Fulton Street Complex
00605-4
PERFORMANCE BOND (100% of Contract Price)
intact
INSURANCE
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth,
Minnesota, does hereby constitute and appoint: Ann Hamby, Benjamin B. Thompson, Christopher Scott Hull, James Morris, James N. Dykes, Josh McDaniel,
each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds,
recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in
amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of
these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and seated with the Company seal. This Power
of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the
twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and
all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the
Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company
seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in -
Fact.
Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds,
recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attomey-in-Fact shall
be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attomey-in-Fact is hereby authorized to verify any affidavit
required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY
INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by
facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond,
undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company
as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though
manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company
to be affixed this first day of January, 2023.
SEAL =_
1986 o By
STATE OF MINNESOTA 2s�'tFw vo�t`drt,:
HENNEPIN COLNTY f r .•
Sarah A. Kolar, Vice President and General Counsel
On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to
me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me
duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the
signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
Y`Me9' ALISON D. NASH-TROUT
/,q/
F + = NOTARY PUBLIC - MINNESOTA
i`
Sd My Commission Expires
January 31, 2030
Notary Public
I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full
force and has not been revoked, and the resolutions set forth above are now in force.
Signed and sealed. Dated day of 2025
9"
a�-pRP9Rq JF9 c':
=y "SEAL
1986
This Power of Attorney expires 'r 10,
January 31, 2030 6f r Kara L.B. Barrow, Secretary
Please direct bond verifications to ,i.rrr «Vintacttn_urance.com
CITY OF
v� SkNFORD
FLORIDA
PURCHASING DEPARTMENT
TRANSMITTAL MEMORANDUM
To: (f. I }- / CAP —
RE: Request for Services
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑
Development Order
❑
❑
Final Plat (original mylars)
❑
❑
Letter of Credit
❑
❑
Maintenance Bond
Iff
❑
Ordinance
❑
❑
Performance Bond
❑
Resolution
EJ
Once completed, please:
❑ Return original
❑ Return copy
Special Instructions:
Mayor's signature
Recording
Rendering
Safe keeping (Vault)
Please advise if you have any questions regarding the above.
Thank you!
lo-T 25�
From Date