1393 E O Koch Construction Bondx(393
a t
mi-
PURCHASING DEPARTMENT
TRANSMI'TTAL MEMO RANDUM
J�
TO: City Clerk
RE: EO Koch IFB 10/11 -02 Consent of Surety to Final Payment & Materials and
Workmanship bond
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
Ordinance
Performance Bond
Resolution
Once completed, please:
❑ Return originals to Purchasing
❑ Return copies
Special Instructions:
❑ Mayor's signature
❑ Re
g
Safe keeping (Vault)
P ayment Bond
❑ City Manager Signature
❑ City Clerk Attest/Signature
Marisol Ordonez
From
Date
TADept_ forms \City Clerk Transmittal Memo - 2009.doc
E,Oa, H
UCTION CO.)
1417 Swank Ave - Post Office Box 1965
Sebring, FL 33871 -1965
DATE: March 9, 2012
TO: City of Sanford
Public Works Department
P 0 Box 1788
Sanford FL 32772 -1788
(407) 688 -5000
(407) 688 -5081
ARCHITECT PROJECT NO:
Transmit Via: U. S. Mail
For Your: Use
The Following: Documents
TRANSMITTAL
Phone: (863) 385 -8649 - Fax: (863) 385 -9396
License Number: CGC1515338
PROJECT: FT Mellon Park II Mantenance Facility
480 East First Street
Sanford FL 32771
P
OWNER PROJECT NO: IFB 10/11 -02
CONTRACTOR PROJECT NO: 541
COPIES
DATE REV. NO.
DESCRIPTION
ACTION CODE
1
3/7/2012
Consent of Surety to Final Payment
A
1
3/7/2012
Material and Workmanship Bond
A
Action Codes: ( A) No action required
( B) Signature and return to this office
( C) Action indicated on item submitted
( D) See remarks below
Remarks:
COPIES TO: File
Signed
rr_- Q
Mike
n
SECTION 00615 FLC72506
MATERIAL AND WORKMANSHIP BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE E. O. Koch Construction Co. hereinafter referred to as "Principal' and _
Merchants Bonding Company hereinafter referred to as "Surety" are held and firmly
bound unto 1) city of Sanford , hereinafter referred to as the OWNER in
the sum of ten percent (10 %) of the Contract Price as adj usted under the Contract Docum ents J
$3,905.17 ----- for the payment of which we bind ourselves, heirs, executors,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has constructed certain improvements, including roadways,
utilities, curbs, storm drains and other appurtenances in that certain Project described as 2) FT
_Mellon Park II Maintenance Facility IFB 10/ -02 and
WHEREAS, the aforesaid improvements were made pursuant to an Agreement dated —
May 26 2011 and filed with the Purchasing Office of
OWNER; and
WHEREAS, the Principal warrants and guarantees to the OWNER that all work, labor,
materials, equipment and services furnished and performed has been done in a good and
workmanlike manner and is of the highest quality, free from defects; and
WHEREAS, Principal is obligated to protect the OWNER against any defects resulting
from faulty Materials or Workmanship of said improvements and to maintain said improvements
for a period of two (2) years from the date of Final Completion under the Contract Documents.
NOW THEREFORE, the conditions of this obligation is such that if Principal shall
promptly and faithfully protect the OWNER against any Defects resulting from faulty Materials
and Workmanship of the aforesaid improvements and maintain said improvements for a period
of two (2) years from the date of Final completion, then this obligation shall be null and void,
otherwise it shall remain in full force and effect.
1) Name of Owner
2) Name of Project identified in Instructions to Bidders
The OWNER shall notify the Principal in writing of any Defect for which the Principal is
responsible and shall specify in said notice a reasonable period of time within which Principal
shall have to correct said Defect.
The Surety unconditionally covenants and agrees that if the Principal fails to perform, within
the time specified, the Surety, upon thirty (30) days written notice from OWNER, or its
authorized agent or officer, of the failure to perform will correct such Defect or Defects and pay
the cost thereof, including, but not limited to engineering, legal and contingent costs. Should the
Surety fail or refuse to correct said Defects, the OWNER, in view of the public interest, health,
safety, welfare and factors involved, shall have the right to resort to any and all legal remedies
against the Principal and Surety and either, both at law and in equity, including specifically,
specific performance to which the Principal and Surety unconditionally agree.
00615 -1
The Principal and Surety further jointly and severally agree that the OWNER at its option,
shall have the right to correct said Defects resulting from faulty Materials or Workmanship, or,
pursuant to public advertisement and receipt of Bids, cause to be corrected any Defects or said
Defects in case the Principal shall fail or refuse to do so, and in the event the OWNER should
exercise and give effect to such right, the Principal and the Surety shall jointly and severally
hereunder reimburse the OWNER the total cost thereof, including, but not limited to,
engineering, legal and contingent costs, together with any damages either direct or consequent
which may be sustained on account of the failure of the Principal to correct said defects.
IN WITNESS WHEREOF, this instrument is executed this the 7th day of May
2011
ATTEST:
.53blWAi (Princip ) easurer
Mike Zimmerm n
Typed Name
(CORPORATE SEAL)
(Witness to Principal)
Typed Name
ATTEST:
(Surety) Secretary
Typed Name
(CORPORATE SEA
r P (I
arL
Wi Hess as to Surety
Rebecca A. Robinson
Typed Name
' • . f l�ijli_. •�
Edward O. Koch, Jr. President
Typed Name and Title
P. 0. Box 1965
Address
Sebring, FL 33871
City, State, Zip
863- 385 -8649 863 - 385 -9396
Telephone No. Facsimile No.
Merchants Bonding Company
Surety
800 - 678 -8171 512 - 243 -8171
Telephone No. Facsimile No.
By: C
Attorn y -in -Fact
Ryan P. Rothrock
Typed Name
00615 -2
Witness cV to Surety
Margie Hall
Typed Name
2100 F leur Drive
Address
Des Moines, IA 50321
City, State, Zip
Telephone No. Facsimile No.
800 - 678 -8171 512- 243 -8171
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all venturers shall execute the Bond. If CONTRACTOR is Partnership, all partners
shall execute 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.
ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of
Performance Bond on behalf of Surety.
END OF SECTION
00615 -3
MERCHANTS
BONDING COMPANY,.
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies "),
and that the Companies do hereby make, constitute and appoint, individually,
M Decker Youngman III; Pamela J Thompson; Ryan P Rothrock
of Daytona Beach and State of FL their true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of:
TEN MILLION ($10,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This Power -of- Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc., on October 24, 2011.
"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 Witness Whereof, the Companies have caused this instrument to be signed and sealed this 2nd day of March , 2012.
STATE OF IOWA
COUNTY OF POLK ss.
„. tilt /lrr / .
"1►0 IL��
2G03
A'
;moo ORP09 •.y'.
aA
y 1933 ; c;
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
By
President
On this 2nd day of March . 2012, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did
say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and
that the seals affixed to the foregoing instrument is 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.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year
first above written.
MARANDA GREENWALT r1� -TtJ
Commission Number 770312
My Commission Expires
ow October 28, 2014
Notary Public. Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of the 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 7th day of March 2012
10 14
r IRIn• /r . • • • • • • •
�•� � itp 0a • p ,�� ��iPOq ��• h/ �
1933 :
c--
• Secretary
zcoa
POA 0014 (11/11) , "•...... :' '• W .'
• ,.•
•r'1•• IrIrr 11.11 /1 /1�,',
SECTION 00617 Bond No. FLC72506
CONSENT OF SURETY TO FINAL PAYMENT
We the Merchants Bonding Company having heretofore
executed Performance and Payment Bonds for the Project known as FT Mellon Park II
Maintenance Facility, IFB 10/11 -02 in the sum of Three Hundred Ninety Thousand Five Hundred
sev enteen & 10 /1 0 0 Dollars ($ 390, 517.10------------- ), hereby agree that the OWNER may make
full payment of the final estimate, including the retained percentage, to said CONTRACTOR.
The Surety concurs that full payment to the CONTRACTOR is appropriate and the Surety
expressly releases the OWNER from all liability to Surety resulting from full payment to
CONTRACTOR. It is fully understood that the granting of the right to the OWNER to make
payment of the final estimate to said contractor and /or his assigns, shall in no way relieve this
surety company of its obligations under its bond, as set forth in the specifications, contract and
bond pertaining to the above project.
IN WITNESS WHEREOF, the Merchants Bonding Company has
caused this instrument to be executed on its behalf by its Attorney -In -Fact
and its duly authorized attorney in fact, and its corporate seal to be
hereunto affixed, all on this 7th day of March 2012 -
Merchants Bondinq Compan —
Surety Atto ey -in act Ryan P. Rothrock
(Power of Attorney must be attached if executed by Attorney in Fact)
STATE OF Florida
COUNTY OF
Volusia
The foregoing instrument was acknowledged before me this 7th day of March
, 2012 by Ryan P. Rothrock of
Merchants Bonding Company (corporation), on behalf of the corporation, who is
personally known to me or has produced (Type
of enti ication ) as identification and who did (did not) take an oath.
Sworn to and subscribed to before me this 7th day of March 2012
REBECCA A. ROBINSON
(
: i Notary Public, State of Florida
ignature)
My Comm. Expires April 30, 2014
Rebecca A. Robinson .j,;h Commission No. DD 959215
(Print name) Notary Public in and for the County and State Aforementioned
My Commission Expires: April 30, 2014
END OF SECTION
00617 -1
MERCHANTS ` k
BONDING COMPANY -
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies "),
and that the Companies do hereby make, constitute and appoint, individually,
M Decker Youngman III; Pamela J Thompson; Ryan P Rothrock
of Daytona Beach and State of FL their true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of:
TEN MILLION ($10,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc., on October 24, 2011.
"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 Witness Whereof, the Companies have caused this instrument to be signed and sealed this 2nd day of March , 2012.
STATE OF IOWA
COUNTY OF POLK ss.
0 -1 14
, .nrrrn,r, y +,
AG C
Qo V o '�
RP ' .
• , i�'. ,L
a'• 1933 C:
•... ... ....•�d
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
By 5
President
On this 2nd day of March , 2012, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did
say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and
that the seals affixed to the foregoing instrument is 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.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year
first above written.
MARANDA GREENWALT 4 l I
Commission Number 770312
My Commission Expires
O w October 28, 2014
Notary Public. Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of the 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 7th day of March 2012
0. .nrprrb
f.`! ;�tp as . o' �..�• %��,
,t; : Z • a, �; Secretary
1933 ; ,C.
POA 0014 (11111) ;''ty "• " ° •r >Z;
••c