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Home My WebLink About2657 Ovation Constr for PW - 839 W Fulton - RFQ 24/25-09 (perf bond)Performance Bond CONTRACTOR: (Fame, legal status and address) Ovation Construction Company, LLC 361 S. Central Avenue Oviedo, FL 32765 407-722-4161 OWNER: (Aame. legal stabu and address) City of Sanford 300 North Park Avenue Sanford, FL 32771 407-688-5000 CONSTRUCTION CONTRACT Date: Anrotlnt $6,462,902.53 SqRond No. 3305077 1W ExKuttxtin 3 Oninterpans SURETI': (Name, legal status and primipal plmr of business) FCC[ Insurance Company 6300 University Parkway Sarasota, FL 34240 941-907-3224 Description: City of Sanford Public Works Operations 8 Emergency (Name and !oration) Response Facility, CMAR RFQ 24/25-09 839 W Fulton Street, Sanford, FL 32771 BOND Date: (Not earlier than Constrerrtion Contract Date) Tllis doctument has important legal consequences. Consultation tcith an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surer-. Otrner 01 odor party shall be considered plural m"llere applicable. Tllis document combines two separate bonds, a Performance Bond old a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. A11101111t: $6,462,902.53 A0 O`, ` ,.• 2%IOdif1CAU0115 to [lus Bond: Rolle i. See Section 16 � CONTRACTOR AS PRINCIPAL SURETI' Colupauy- (Corporatr seal) Company. (Corporate seal) -Ovation Construction Company, LLC FCCI Insurance Company IL Signanire: _ Name Jeffrey eh (� and Tide: Y1 .. r �� and Tide: Attomey-in-Faci 8 Florida Licensed Resident Agent (_Any additional signatrrrrs oDy�ear on the last page of this Perfornnanoe Bond..) (FOR INTOR-IL4770N ONL) = \"aerie, address and te/epbone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Florida Surety Bonds, Inc (4rchitert, Engineer or otberparf .) 620 N Wytnore Rd.. Suite 200 Maitland. FL 32751 407-786-7770 GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2026017244 Bk:10986 Pg:1717-1725(9Pgs) REC: 02/23/2026 8:22:02 AM by jpena RECORDING FEES $78.00 By artangement w•idt die Antetican Institute of Att:ltitects. the Natiatal Association of Surety Bond Pttxiutcets I (NASBP) wjw,IN.t u.org) makes this fonu doctnnent available to its wentbers. affiliates. and associates in r Nficrosoft Word fonnat for use in the regular course of surety busntess. NASBP vouches that the original text of this document confonus exactly to die text in AIA Docuurteut A312.2010. Perfomfance Bond and Paytuent Bond. Sttbse(pfettt tnodifications may be utade to die original text of dais doctnnent by users. so carefid reuiew of its word niz and consultation with an attorney are encouraged before its cony)letion. execution or acceptance. § I The Contractor and Surely, jointly and severally, bind themselves, their heirs, executois, adnuirustLatOLS, Successors , assigns to the OWLICr tor' the performlance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor peLforlls the Construction Contract, the Smen. and the Contractor shall have no obligation undci tliis Bond, cxccpt when applicable to paiticipate in a confeLelcce as provided in Section 3. § 3 If uncle is no Ou-uel. Default under the Construction Conuact, the Steen= s obllgauom under this Bond shall arise after .1 tle O«-ueL first provides notice to the Contractor and the Stuen- that the Ownet is considering declaring a Contractot Defattlt. Such notice shall indicate whether the Owner is requesting a conference among the ChytleL, ContractoL and Sufett to discuss the COntiaCCoi'S perfolulallce. If the Owner does not request a conference, the Surer- may. u•ithill five (5) business dads after leccipt of the OtvneL's notice, inquest such a Conference. If the Steen- timely requests a conference, the ChvueL shall attend. Unless the Glider agrees otherwise. any conference requested under This Section 3.1 shall be held aitlrin ten (10) brimless day-, of the Surety's receipt of the Citt•neI s notice. If the Cht•Iler, tile COnuactor and the Surety agree, the Contractor shall be allotted a reasonable time to perform the Construction Conuact, but such an agreement shall not naive the Owner's right, if any. subsequently to declare a Contractor Default_ .2 the Cht•rer declares a Contractor Default, teill1111ateS tile Constriction C011tlact and notifies the SuLen and .3 the Chvuei has agreed to pal" the Balance of the Contract Price n1 accordance .vith the Terms of the Construction Contract to the St1Len• or to a contractor selected to perform the Construction Contract. § 4 Failure oil the part of the Owner to comply with die notice requirement in Section 3.1 shall not constitute a failuLC to comply with a condition precedent to the Surety's obligations, or release tie Suter• from its obligations, except to the extent tine Surety demonstrates actual prejudice. § 5 %Xlieli the Ou-ilei has satisfied tie condiLioils of Section 3, the SuLetc shall plonlptly and at the SuleWs expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, tluougll its agents of independent colitlactors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Chimer for a contract for perfoLlmiuee and completion of the Construction Contract, alrulge for a contract to be prepared for execution by the 0WlleL and a contactor selected ttith tie Chvier*s concurrence, to be secured «•ith performance and payment bonds executed by a qualified surer- equivalent to the bonds issued or the Construction Contract, and pay to the CMnet the amount of damages as described in Section % in excess of the Balance of the Contract Price inclured by the (hvner as a result of tht CO11tlRCtOL Defatult; oL § 5.4 Waive its Light to peLfOLtn and complete, arrailge for completion. 01 obtain a Ilety contractoi and with teasonable plonlpmess tuldeL the ciLctuillstallces: .1 After investigation, detemune the arnourlt for which it may be liable to Cie Otynel and, as soon as practicable after the amount is determined, make payment to the Chvuer. of .2 Deny liability in whole or in put and notify the Owner, citing the reasons for denial. § 6 If the Slifer' dots not pioceed as provided ill Section 5 with Lcasollable ptomptues% the Siuet•y shall be deemed to be Ill default oil this Bond sever] days after Le Celpt of all additional written notice fiom the Olvnel to the Surety demanding that the Steen- peffomi its obligations undeL this Bond, and the Owrict sliall be entitled to enforce any icrnecl- available to the Otvnel. If the Slurry proceeds as prodded 'ill Section 5.4, and the Owner refuses tie payment of the Steen• has denied liability, in whole or ill part, without Nether notice de Otvner shall be entitled to enforce any temedy available to the Owner, By ananaement bide die Alliaicatl hrstihrte of Arclutects. die National Association of Surety Boud Pttxlucets 2 (NASBP) (w,}j� 4iasbpa2) ufakes Uus foful doctmretft available to its trreurbers affiliates. and associates in t Microsoft Word fomtat for mse at die reatilar coarse of sttrety bttsufess. NASBP votiches dial the otigM text of Uus docrnuetrt confomu exactly to die text ui AI.A Doctunent A312-2010. Perfonuance Bond and Payment Bond Sttbselltiettt moMicatiats may be made to die original text of this doctunait by tunes. so carefid resiem of its N ordiim and consultation wide an attomey are encouraged before its conq)letion. execution of acceptatfce. § 7 If the Surety elects to act under Section 5.1, 5? or 5.3, then the responsibilities of Elie Surer- to the OwIlel shall not be greater thall tllOSC Of the CA111raCrOL Milder the COnStUC6011 Contract, and the L'esp'>onsibilitles of the Owner to the Surety• shall not be greater dhan those of the OwWet Wider the Construction Contract. Subject to the commitment by Elie Owner to }lay the Balance of the Conttact Price, the Surety is obligated, , ithout duplication, for .1 the tespotisibilities of the Contractor for cortectiorl of defective [cork and completion of the Collstillc tion Contract; .2 additional legal, desigW piotessioxi.d and dclai costs Lcsuluiig iiom the Conuactot's Default, and resulting from the actions or failure to act of the Sluen• under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actchl damages caused by delayed performance or Won -performance of the Contractor. § S If the Sluety elects to act lulder Section .1, 5.3 or 5.4, ale Suict= s liability is limited to the anhotuht of thus Bond. § 9 The Stuety shall not be liable to the On uer or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executor's, adrllitlistrators, successois and assigns. 10 The Surety hereby waives notice of any change, ircluditig changes of tune, to the Construction Contract or to Lclated subcontracts_ purchase oldels and othel obligations. § 11.1ny proceeding, legal or equitable, under this Bond may be instituted in any cotut of competent jurisdiction in the location in which the lyork or part of die work is located and shall be instinited within two years after a deClaiatlOLl of Corhttactoi Default or u•itlun tn-o 1-eais after the C.OL1EraCtol ceased «oLlung of lr'lthin nyo tears attcL the SWicn' reflise, ot. tills to peifollll Its Obligations undei this Bond, whllclin ct, occurs fast. If the plovislons of thi, Paragraph ate void or prohibited b% l:rty, the nunnirnurn prtiod of irritation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Suuet-, the Oltnet or the Conuictot shall be mailed or delivered to the address shosvil on the page on tvhhich thew signature appears. § 13 \\' hen this Bond has been ftunished to comply with a stattnory or other legal rcgttiiement in the location where the constlliction leas to be perfolnlcd, arts provision in this Bond contlicting with said sunitoLy of legal leglurenhent shall be decried deleted heieftonh and piovisrons confornung to such Statutory or other legal regrluemeut shall be deemed incorporated herein. Mier] so fiuuislled, die intent is that this Bond shall be construed as a statutory bond and not is a conunon law bond. § 14 Definitions § 14.1 B-Amice of the Contract Price. The total anhourt payable by tilt C>cl Wet to the C011traCtOL under the Constiuction Contract after all proper adjustments have been made, itclu&ig alloxvanee to the Contractoi of any amounts received or to be received by the Os-ntr in settlement of instuauce or other claims for damages to which the Coritiactot is entitled, reduced by all valid and propel payments made to or oil belhalf of the Conttactol undet the Construction Contract. § 14.2 Construction Contract. The agreement bem-ecu the Owner and Contiactor identified on Elie cover page, includilig all Contract Documents and changes made to the agteeinent and the Contract Documents. § 14.3 Contractor Default. Failure of the Coutractoi, which has not bceW Lenhedied or [waived, to perform or othertyise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Olynet, v-hlich has not been remedied or waived, to pay the Contiactoi as tecluired under the Construction Contract or to perform and complete or comply with the other material terns of the Construction Contract. § 14.5 Contract Documents..Ill the documents that comprise the agicemem bens-eeti the Ownet and Contractor. § 15 If Ellis Bond r5 issued for all agreement between a COlhtLactOt and subconttactoi, the term Contractor uh this Bond shall be deemed to be Subconuactol and the term Olvner shall be deemed to be Contractot. By anangement with die American Institute of Architects. the National Association of Sirety Bond Pro(hicers (NA.SBP) (yqq iasbp.or2) Makes this form doctuiunt available to its merubets. affiliates. and associates in Microsoft Word foinnat for use in the regular coui-se of stuYty business. NASBP vouches that the original text of this doctuneut coufontns exactly to the text in AIA Document A312-2010, Perfonnance Bond and Payment Bond. Sutnequent modifications may be made to the original text of thus doctunent by tisets. so careful review of its wording and consultation with an attorney are encouraged before its completion. execution or acceptance. 16 Modifications to this bond are as follow-5- THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. (Spa,v id prrwded below for a&4 ivnal sipnatttrrs of addod parriel, other than thore appeanng on the roi or page.! CONTRACTOR AS PRINCIPAL SLIRE1W Company: (Corwrate Seal) CompaLly: (Corporate Seal) Siguanue: _ Nanu and Title. Addiess: Signanue: Name and Title: Address: By atatigerneru wide tie American Instinite of Arclntects. die National Association of Surety Bond Producers 4 (NA.SBP) (w�y1�._» ? ) makes diis form doctuiieut available to its uteiribets. affiliates. and associates ui Nticrosoft Word fomtal for use at tie regular cotirse of stuety business. NASBP Vouches dial tie orignial text of this doctareut coufornis cKactly to die text at AIA Document A312-2010. Performance Bond aid Payment Bond_ Siibsacpierit moctificatimui may be made to die original text of this docuirimit by usm so careful review of its wordittg and cmisittation wide an attorney are micotuaged before its coiq)letion, execution or acceptatice. Pavment Bond CONTRACTOR: (Aame. Irga'status and addtrss) Ovation Construction Company, LLC 361 S. Central Avenue Oviedo, FL 32765 407-722-4161 OV 7NER: (Tama Itgal status and address) City of Sanford 300 North Park Avenue Sanford, FL 32771 407-688-5000 CONSTRUCTION CONTRACT Date: -lxno- $6,462,902.53 Bond No. 3305077 Executed in 3 counterpart. SURETI': LN ame, legal staters and ptineipa' Dlarr of bi sirvss) FCCI Insurance Company 6300 University Parkway Sarasota, FL 34240 941-907-3224 Description- City of Sanford Public Works Operations & Emergency ,, `a„!r an(7 /0latloro Response Facility, CMAR RFQ 24/25-09 839 W. Fulton Street, Sanford, FL 32771 BOND Date: (Not earlier than Corrstnatio,; Contrnrt Date) This document has unportant legal consequences. Consultation with an artourey is encouraged 1-ith respect to its completion or modification. .'illy singular reference to Contractor, Surety, Owner 01 other parr- shall be considered plural «-here applicable. This document combines two separate bonds, a Performance Bond and a Pa}Inent Bond, into one form. This is not a single combined Performance and Payment Bond. O ,.. O1. ,- -i. roust $6,462,902.53 6:td.'1 C�puifi:atious tothis Bond: \one See Section 1S 0INT€:ACTOR AS PRINCIPAL SURETY (Corporatt Seal) Company: (Corporate Sent) •-•:.;ovation Construction Company, LLC FCCI Insurance Company ' Signatiur. Name wt • c Nanie Jeffrey wW etch �,®• and Title: >>_. s s ..{; n� and Tide: Attorney-in�F & Florida Licensed Resident Agent (.4n; additiorni sigr,nb,rrs gpperrr o,, tht lastpagt of t1x; Payment Band) (FOR L7\FORIL4IIO GALL- Aame, address and te,ephare) AGENT of BROKER: OWNER'S REPRESENTATIVE: (- -4 r.-hitert. Engineer or otber Dark-:) Florida Surety Bonds, Inc 620 N Wyrnore Rd, Suite 200 Maitland- FL 32751 407-786-7770 By anangetnent with die Anietican histittite of Architects. the rational Association of Surety Bond Producers (NASBP) C%yw _itasby.otg) makes tiis fonii docttnient assailable to its members. affiliates. and associates in t itiictrnofl Word format for tense ui die regular coturse of surety bttsiriess. NASBP vouches that die original text of this docitro ut eotifonus exactly to die text iii AIA Docturiew A3 l'_-2010. Performance Bond and Payment Bond Subsegtient inodifications may be made to the otighial text of this dwitinerit by asems. so careftil renew of its worduis and consultation widi aim attomey are encouraged before its completion. execution 01 acceptance § 1 The Contractor and Su fiery. jointly and severally, bind themselves, their heirs, executots, admlinistritoLs, successors and assigns to tilt On-trer to par for labor, materials and egtuptient tiuilished for use ill the petforinance of the Construction Contlact, which is ulcoLpoLated leiein be tefeLence, subject to the following terms. § 2 If the Conuactol. promptly makes parllle Llt Of all SUMS dire to Claimants, and detCLlds, indelrunihe5 and holds I1:ri11ICS5 the GWLICL fiom claittus, demands, liens or suits by any person or Clltity" 5CCkil1g pat'illtllt foL labor, mattL1a15 or equipment fturlished for use in the pelfornlance of the Construction Contlact, then the Surety and due ContraCTOL sliall have mo obligation under this Bond. § 3 If there is no Owner Default under the C011Still000ll Contlact, the SUlCt"*s obligation To T11e Chty"neL under this Bond sliall atise after the Owner has promptl notified the Contiacmi and the Suuety fat the address described ill -Section 13 of claims, demands, Gems. oL stria against tluc OR71CL or tllr ChVIICL's 131OPCin' by ant lxrsou or clitin seeking payment for labor, mlateLials or equipment firtrislied for use ill the pelfoinlance of the C01151Luctiou Contlact and Tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § a XMen the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the SL1rcry S expense deterid, illdermlifr and hold harmless the Chvner against a dull- Tendered claim, demand, lieu or suit. § 5 The SuLetr's Obligations to a Claimant under tlus Bond shall arise after the follo-wing: § 5.1 Claimants, who do Llot have a direct colluact with the COrltraCTOL, .1 have filillished a written notice of non-payment to the CoutLactoL, stating with substantial accuracy the amotunt claimed and Elie name of rile part" to whom the materials were, or equipment was. flutushed or supplied or for -whom the labor was done or performed, u•ithili Lutlet- (90) days after having last performed labor or last f imislled materials or egliipmtut included in the Claim: and .2 have sent a Claimu to the Surety (at the address described in Section 13). § 5.2 Claimants, who arc employed by or have a direct contract with the Contractor, have sent a Clain] to the Sleety (at die address described ill Section 13). § 6 If a notice of non-paytrlent required by Section 5. 1.1 is g1CCL1 by the OwLlel to tle COLltraCTol, drat is SL1ff1CieLu to satisfy a Claimant's obligation to furnish a uvtitten notice of non-payment uurdel Section 5.1.1. § 7'Wlien a Claimant has satisfied the conditions of Sections 5.1 of 5?, whichever is applicable, the Surety" shall promptly and at the Surety s expense take the following actions: § 7.1 Send all atis-a-et to the Claimant. with a copy to the Owner, within sixty 160, days after receipt of the Claim, stating the anloutlts that ate undisputed and the basis for cliallenging any amounts that are disputed: and § 7.2 Pay or allange for payment of any undisputed amounts § 7.3 The Sutet''s failure to dischaLge its obligations under Section 7.1 or Section -.2 sliall not be deemrcd to constitute it lvail-ci of defenses de Surety" or Contractor may have or acquire as to a Claim. except as to undisputed anlotults fOL which the SllLet" and Clailuant have reached agreement. If, however, the Surm fails to discharge its obligations undel Section 7.1 or Section 7.2, the Surety shall i ndenuufc the Claimant for the reasonable attorney-s fees the Claimant incurs dieteaftei to recover am" sums found to be due and outing to the Clainlaut. § 8 The Surety's total obligation sliall not exceed the amount of this Bond, plus the amount of reasonable ationrey's fees provided guider Section 7.3, and the amount of this BOLid sliall be credited for any payments rllade ill good faith by the Suitty § 9 ?unounts owed by the Owner to the Contractor under Elie Constnlction Contract sliall be used for the performlllCC Of tie ConsTruction Contract and to satlsfl" claims, if any. Mulder any Constluctioll perfOimance bond. By the Contractot tiunishing and the Oyvner accepting this Bond, they agree that all funds carried by the Contractor in the pelfounance of the Construction Contract ate dedicated to satisfy obligations of the Contractor and Surety under this BOLid, 5Llbject to the Owner's prioLity" to use the funds for the completion of the lyoLK By ar angenieru with the Aruerican Institute of Architects. die rational Association of Stwety Bond Producers (NASBP) makes this forum document available to its members. affiliates. and associates in r Aiicrosoft Word forriat for use in die regndar coarse of surety lxuniess. TASBP vouches that die original text of dus docuneut confonrrs exactly to die text in AIA Docturient A312-2010. Performance Bond and Payment Bond. Subsequent modifications may be made to die original text of diis document by suers. so carefid review of its wordune and consultation widi an attomey are encouraged before its completion. execution or acceptance. 10'hie Surety shall not be liable to the Cherie], Clam nanlrs Or others tot obligations of the Contr'acton that are unrelated to the Constniction Contract. Tile Owner shall not be liable for the paynient of any costs of expenses of any Claimant under this Bond, and shall have wider this Bond no obligation to make payments to, or give notice On behalf of, Claimants or otherwise have ally obligations to Claimants tulder this Bolld. 11 The Surety- hereby waives notice of any change, including chlauges of tinge, to the Constriction Contract of to related subcontracts, purchase orders and other obligations. 12 No sl»t of action shall be conunenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state ill which the pioject that is the subject of the COnstrliCtioti Contract is located or after the expiration of one tear from the date (1) on which the Claunant sent a Claim to tine Surety- pursuant to Section 5.1 2 of 5.2. or 12; on uiiich the last labor of service ryas performed by. anyone of the last materials of egtriptuent welt fiturished by anyone under the Construction Contract, %Ylnichevei of (1) or (2) fust occurs. If the provisions of thus Paragraph are void or prohibited by lam-, die minimtun period of lilniration available to sureties is a defense in the jurisdiction of die suit shall be applicable. 13 Notice and Claims to the Surety, the Olemer or the Contractor shall be mailed or delivered to the address shown ore tine page on which thew signattue appears. genial receipt of notice of Clauns, hotyet-ef acconlplisiled, shall be sufficient compliance as of the date received. 14 Mien this Bond has been flltrllslled to comply %vnth a StanitOfy Or Other legal legrruenlent itn tine location %vlere the construction teas to be performed, any provision it this Bond conflicting with said statutory or legal requirement shall be delned deleted herefrom and provisions confoniling to such statutory of Oder legal regltiunlent slialJ1 be deemed incorporated herein. Mien so furnished, the intent is that this Bond shall be consaued as a statutory bond and riot as a common law bond. 15 Upon rrquest by any person of entity appealing to be a potential benetician- of this Borld, the Contractoi and Chyuet shall promptly- fiunish a copy of this Bond or shall permit a copy to be made. 1 16 Definitions 16.1 Claim. A written statement by the Claimant inchrding at a muruntun: .1 the name of the Claimant. .2 the nanle of the person for whom the labor %vas done, of materials on equipment tiullished; 3 a copy- of the agreement of pnichase oidet pmtsuant to which labor, materials or equipment %vas punished for use ill tie peffolmance of the COnstructiOfl Cofntract; .4 a brief description of die labor, materials Of equipment firruished; .5 the date on which the Claimant last performed labor of last f irn fished materials of equipment for use ill the performance of the Construction Contract: .6 the total aniount earned by the Claimant for labor, lnatenals of equipment furnished as of the date of the Claim; .7 the total amount of previous pay-niants received by the Claunant•, and .8 the total annownt chic and unpaid to the Claimant for labor, materials or equipment ftutrished as of the date of the Claim. 16.2 Claimant. An individual or entity having a direct contract with the Contractor of %vide a subcontfactol of tlne COrhtraC[Of to furnish labor, materials of equipment for use ill the penforinaue Of tine CO[iSUUCtiotn COrntraCT. The terns Claimant also includes any- individual of entity- that has rightf ilh- asserted a clain under an applicable nnechanlic's Lien on similar stanuc agaulst tine real property upon which the Project is located. The intent of this Bond shall be to include without hinitation ill the terms " labol, materials of equipment- that part of %eater, gas, power, light, heat, oil, gasoline, telephone service Or rental equipment used ill the Coinuticmoll COlntraCt, afCl1rteCt111'a1 and englneefing services required for petfornlallce of the work of the Contractor and the COnuaetol s subcontfactors, and all otel hells for which a mechanic's lien slay be asserted ill the iulnsdnction where the labor, nuiterials or equipflient were fitnished. 16.3 Construction Contract. The agfeenient betvv-een the Owner and Contractor identified oil the toyer pagr, including all Contract Documents and Al clianges made to the agfecmeut and the Contract Documents. By arhi ksteinent with die Anleiiealh histi ute of Architects. the National Association of Surety Bond Prodticen, 7 (NASBP) (v%j%A .ifaslp.org) makes this form doctnfieut assailable to its uieinbers. affiliates. and associates of f Nlicfusoft Word foruat for use iih the regular cotirse of surety busuhess. NASBP t'otiches that the original text of this dochuneut confomiss exactly to die text ith AIA Doctuneut A312-2010. Perfornimice Bond and Payment Bond. Subsecltient niodifhcations may be made to die o111Lina1 text of d►is doctunent by users. so carefthl re%iew• of its %vorduig and consultation with an ationhey are enconia ed before its couhpletion. execution or acceptance. § 16.4 Owner Default. Failtne or the Ownet, which has not been remedied or waived. to pay the Contractor as required wider the Con-,miction Contract or to perform and complete or comply with the odrer material teulls of the ConSMICGOrr COr11raCt. § 16.5 Contract Documents. all the doctuneuts that comprise the agreement between the Ownct artd Contractor. § 17 If this Bond is issued for an agreement between a Cocivactoi acid subcontractor, du term Contractor ui dus Bond shall be deemed to be Subcontractor and the term Owner sliall be deemed to be Contractor. § 18 Modifications to this bond are as follows THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. (Span i proi ided heloa for additional signammf of added parties, other than those appearing on the rover page.) CONTRACTOR AS PRINCIPAL SURETS' Compaciy: (Corporate Seal) Compally! (Corporate Seal) Signanrrr: __ Siguanue: Name and Title: Name and Title: address: address: By wimigetueit with the Arerican Institute of AmItitects. die National Association of Surety Bond Rwhicers 8 (NASBP) (":uximbp.ok2) riakes dais form document available to its niermbeis. affiliates. acid associates in t Nficrosoft Word for>at for use in die regular come of surety business. NASBP vouches that die original test of this doctniieut conforms exactly to die text in AIA Document A312-2010. Performance Bond and Payment Bond. Subscgiwnt modifications may be made to die original test of diis document by risers. so carefrd review of its wording and consultation w•idh an attorney are encouraged before its congiletion. execution or acceptance. ,. , FCCI GENERAL POWER OF ATTORNEY Know all men by these presents: That the FCCI Insurance Company, a Corporation organized and existing under the laws of the State of Florida (the "Corporation") does make, constitute and appoint: Jeffrey W. Reich Each, its true and lawful Attorney -In -Fact, to make, execute, seal and deliver, for and on its behalf as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of (not to exceed $20,000,000.00): $20,000,000.00 Surety Bond No.: 3305077 Principal: Ovation Construction Company, LLC Obligee: City of Sanford This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That resolution also authorized any further action by the officers of the Company necessary to effect such transaction. The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. In witness whereof, the FCCI Insurance Company has caused these presents to be signed by its duly authorized officers and its corporate Sealtobeh�ereunto affixed, this 23rd day of July , 2020. - Attest: — Christina D. Welch, President SEAL Christopher Shoucair, FCCI Insurance Company EVP, CFO, Treasurer, Secretary '•.,OR1�,. ' FCCI Insurance Company State of Florida County of Sarasota Before me this day personally appeared Christina D. Welch, who is personally known to me and who executed the foregoing document for the purposes expressed therein. My commission expires: 2/27/2027 d!-''ti" K-GcYSNow �``G-LZ) • � Comml.simlHMl216l6 Notary Public State of Florida County of Sarasota Before me this day personally appeared Christopher Shoucair, who is personally known to me and who executed the foregoing document for the purposes expressed therein. !Yy " L S�nsti; My commission expires: 2/27/2027 •appv;cos.w.mr►wsaws Ev~*1% ,yn•2W Notary Public CERTIFICATE I, the undersigned Secretary of FCCI Insurance Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 27, 2020 Resolution of the Board of Directors, referenced in said Power of Attorney, is now in force. Dated this day of Christopher Shoucair, EVP, CFO, Treasurer, Secretary FCCI Insurance Company 1-IONA-3592-NA 04 712021 •�• -