1507* Hazen Construction Surety Bondpin%i
PURCHASING DEPARTMENT
T RANSMI TT A L MEMORANDUM
To: Ci lerk
RE azen Construction LL� Performance and Payment Bonds for IFB 11/12-05
Recording
Z Safe e keeping (Vault ty ity Manager
Payment Bond
City Manager Signature
City Clerk Attest/Signature
The item(s) noted below is/are
❑
Development Order
❑
Final Plat (original 1
❑
Letter of Credit
❑
Maintenance Bond
❑
Ordinance
❑
Performance Bond
❑
Resolution
and forwarded to your office for the following action(s): ��I
® Mayor's signature
El
El
Z a orig�iini:als se: to Purchasin
El
Special Instructions:
Once recorded please send them to Purchasing, thank you!
t
Marisol Ordonez
Fro
x �
sa ra
bate
TADgxjorms\City Clerk Transmittal Memo - 2009.doc
14ARYANNE MORSE, CLERK OF CIRCUIT COURT
SENINOLE COUNTY
AK 87776 Pgs 1817 — 1827; tllpgs)
CLERK'S # 2012060769
RECORDED 85 /23/2812 84:18:36 PH
Bond No. 929540919 RECORDING FEES 95.88
SECTION 00605 RECORDED BY J Eckenroth(all)
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
Hazen Construction, LLC; Phone 386- 322 -8700
(Name of CONTRACTOR)
1599 Tionia Rd, New Smyrna Beach, FL 32168
(Address of CONTRACTOR) (Phone No. of CONTRACTOR)
a Corporation , hereinafter called
(Corporation, Partnership or Individual)
CONTRACTOR,
and Western Surety Company, Phone 605 - 336 -0850
(Name of SURETY)
P 0 Box 5077, Sioux Falls, SD 57117
(Address of SURETY) (Phone No. of SURETY)
hereinafter called SURETY, are held and firmly bound unto:
the City of Sanford, the OWNER, whose address is 300 North Park Avenue, Sanford, Florida
32771;
in the full and just Sum of Five hundred fifty -five thousand five hundred fifty -five and 551100
Dollars ($555.555.55) in lawful money of the United States, for the payment of which sum well
and truly to be made, we, the CONTRACTOR and SURETY, bind ourselves, successors, and
assigns, jointly and severally, firmly by these presents. The sum shall not be less than one
hundred percent (100 %) of the Contract Price.
THE CONDITION OF THIS OBLIGATION is such that whereas, the CONTRACTOR entered
into a certain Agreement (including all associated contract documents relating theretq and as
the Agreement may, be airpended from time -to -time) with the OWNER, dated the = 'fJ`"1. day of
C;20 &5z a copy of which may be hereto attached, but, in
any event, is mai ained in the records of the OWNER, said Agreement being hereby made a
part hereof by this reference thereto as if fully set forth herein verbatim, said Agreement being
entered generally for the construction of
SR 46 Detour Rd. and SR 415 Utility Relocations IFB No. 11112 -05
(Name of Project) (Contract No.) _
The Project is briefly described as and located as described below:
SR46 Detour Rd. and SR415 Utility Relocations
SPECUB097509
00605 -1
PERFORMANCE BOND
f J
This bond is given to comply with Section 255.05 FL 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) FL Statutes.
Force main, sanitary sewer, and water main relocations along the SR 46 Detour Rd., starting at
the south side of SR 46 east of Mellonville Ave., extending onto airport property at the north side
of the airport south of SR 46, ending at the south side of SR 46 west of Hellcat Lane.
Additionally, existing water main, force main, and reclaimed water main will be relocated along
SR 415, extending north of SR 46 to north of the Stirling Meadows subdivision, and east of SR
415 on the north side of SR 46.
This Bond is being entered into to, at a minimum, satisfy the requirements of Section 255.05,
Florida Statutes, and to satisfy the terms and conditions the Agreement.
The SURETY shall be bound by any and all alternative dispute resolution awards and
settlements to the same extent as CONTRACTOR is bound.
NOW, THEREFORE, the condition of this obligation is such that if CONTRACTOR:
1. Promptly and faithfully performs all of its duties and responsibilities as well as all
of the covenants, terms, conditions, and agreements of said Agreement in its
totality, in the time and manner prescribed in the Agreement to the satisfaction of
the OWNER, and
2. Pays OWNER all such sums as will be sufficient to satisfy all losses, damages,
delay damages (liquidated or actual), expenses, costs and attorneys' fees
(including, but not limited to, costs and attorney's fees on appeal that OWNER
sustains resulting directly or indirectly from any breach or default by
CONTRACTOR under the Agreement), and
3. Satisfies all claims and demands incurred under the Agreement, and fully
indemnifies and holds harmless the OWNER from all costs and damages which it
may suffer by reason or failure to do so, then this Bond is able to be voided upon
demand of the SURETY; otherwise it shall remain in full force and effect.
The coverage of this Bond is co -equal with each and every obligation of the
CONTRACTOR under the Agreement.
In the event that the CONTRACTOR fails to perform any of the terms, covenants or
conditions of the Agreement before this Bond is released by the OWNER, the SURETY shall
remain liable to the OWNER for all such loss or damage.
The SURETY shall also indemnify and hold the OWNER harmless from any and all loss,
damage, cost and expenses enumerated herein with respect to the CONTRACTOR, resulting
directly or indirectly from the SURETY's failure to fulfill its obligations hereunder. This
subsection shall survive the termination or cancellation of this Bond,
The SURETY stipulates and agrees that its obligation under this Bond is to perform the
CONTRACTOR's work under the Agreement. The following shall not be considered
performance under any circumstance or in any context: (i) SURETY's financing of the
CONTRACTOR under the Bond to keep CONTRACTOR from defaulting under the Agreement,
or (ii) SURETY's offers to OWNER to buy back the Bond. SURETY's election to do nothing
under the Bond shall be construed as a material breach of the Bond and bad faith by the
SR46 Detour Rd. and SR415 Utility Relocations PERFORMANCE BOND
00606 -2
SPECUBM SD9
SURETY. The SURETY agrees that its obligation under the Bond is to: (i) fully take over
performance of the CONTRACTOR's work under the Agreement in a plenary manner and be
the completing surety even if performance of the CONTRACTOR's work exceeds the
CONTRACTOR's contract price under the Agreement, or (ii) re -bid and re -let the
CONTRACTOR's work to a completing contractor with SURETY remaining liable for the
completing contractor's performance of the CONTRACTOR's work and furnishing adequate and
full funds to complete the work in the required plenary manner. The SURETY acknowledges
that its cost of completion upon default by the CONTRACTOR may exceed the contract price
set forth in the Agreement. In any event, the CONTRACTOR I's Contract Time is of the
essence and applicable delay damages are not waived by OWNER.
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 CONTRACTOR, shall remain in full force and effect
notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and
CONTRACTOR without the SURETY's knowledge or consent (ii) waivers of compliance with or
nay default under the Agreement granted by OWNER to CONTRACTOR without the SURETY's
knowledge or consent, or (iii) the discharge of CONTRACTOR from its obligations under the
Agreement as a result of any proceeding initiated under the bankruptcy laws of the United
States of America, as the same may be amended, or any similar State or Federal law, or any
limitation of the liability or CONTRACTOR or its estate as a result of any such proceeding.
Any changes in or under the Agreement and compliance or noncompliance with any
formalities connected with the Agreement or the changes therein shall not affect SURETY's
obligations under this Bond and SURETY hereby waives notice of any such changes. Further,
CONTRACTOR and SURETY acknowledge that the Sum of this Bond shall increase or
decrease in accordance with change orders (unilateral and bilateral) or other modifications to
the Agreement. The CONTRACTOR may have obligations to the SURETY, but the failure of the
CONTRACTOR to perform, comply with or accomplish any such obligation, in whole or part,
shall not, in any way or to any extent, limit or interfere with the rights and benefits of the
OWNER under this Bond.
This Bond and any other bond, or similar document, and the covered amounts of each,
are separate and distinct from each other and the OWNER shall be entitled to the totality of
rights and benefits from all such documents.
This Bond is intended to comply, at a minimum, with the requirements of Section 255.05,
Florida Statutes, as amended, and additionally, to provide common law rights more expansive
than as required by statute; provided, however, that the OWNER shall be entitled to all such
common law rights notwithstanding the language used herein. The SURETY agrees that this
Bond shall be construed as a common law bond when such construction will benefit the
OWNER. The undersigned signatories represent to the OWNER that they are authorized,
permitted and empowered to execute this document and bind the entity or person for which they
are executing this document and recognize that the OWNER is relying, to its detriment, upon
the signature set forth below and the representations, promises, covenants, guarantees and
assurances made herein.
5R46 Detour Rd. and SR415 Utility Relocations PERFORMANCE BOND
00605 -3
SPECLIB091509
IN ITNESS WHEREOF, this instrument is executed this the day of
Hazen Construction, LLC
ATTEST. -
CONTRACTOR Attesting Authority
)A I- -N U.P.
Typed Name
(CORPORATE SEAL)
�att Z��
(Witness to CONTRA / C OR)
XL'g,•P �G 2er1
Typed Name
ATTEST.
Power of Attorney
(SURETY) Secretary
Typed Name
; O RAT EAL �� S
Witiless as to SURETY
Lynne Mathews
Typed Na
Witness aq t URETY
Amy Scott
Typed Name
Signatory Authority
R Signatory Authority
Typed Name and Title
1599 Tionia Rd
Address
New Smyrna Beach, FL 32168
City, State, Zip
386- 322 -8700 386- 756 -0000
Telephone No.
SURETY
Facsimile No,
Western Surety Company
SURETY
605 - 336 -0850 877 - 276 -7509
Telephone No. Facsimile No.
Attorney -in - & FL Licensed,Aesident it
K. Wayne Walker
Typed Name
45 Eglin Parkway, Suite 202
Address
Fort Walton Beach, FL 32548
City, State, Zip
850 - 581 4925
Telephone No
850 - 581 4930
Facsimile No.
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 the Bond. The SURETY's obligations run as to all such parties.
SR46 Detour Rd. and SR415 Utility Relocations
00605 -4
PERFORMANCE BOND
SPECLIB091509
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
Bond on behalf of SURETY.
END OF SECTION
SR46 Detour Rd. and SR415 Utility Relocations
00605 -5
PERFORMANCE BOND
SPECLIB091509
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-
Know All Men By These Presents,'I'hat WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Dale Waldorff, Pamela L. Jarman, K. Wayne Walker, Individually
of Fort Walton Beach, FL, its We and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its
behalf bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duty adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereat, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 7th day of October, 2009.
State of South Dakota
ss
County of Minneheha
WESTERN SURETY COMPANY
� fA •
s �
r N a" Paul . Bntflat, Senior Vice President
On this 7th day of October, 2009, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say; that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURE'T'Y COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority giver by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires +rrr "'""""""hrtirvrrrrrhtir +
+ D. KRELL +
N ovember 30, 2012 f�NOTARY PUBLIC
a SOVTtt p "OTA r
hrrr +rtitirrrrrtirrwrw..wrr.. �
D. Krell, - Publi
CERTIFICATE -"
I, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabovc set finkis still , ern,
force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I havg ubscribixl
my name and affixed the seal of the said rorporatinn this day of
� o WESTERN SURETY '0MPA.NY'
L. Nelson, Assistant Secretary
ko m F4280-09-00
Bond No. 929540919
SECTION 00610
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
Hazen Construction, LLC; Phone 386- 322 -8700
(Name of CONTRACTOR)
1599 Tionia Rd, New Smyrna Beach, FL 32168
(Address of CONTRACTOR) (Phone No. of CONTRACTOR)
a Corporation , hereinafter called
(Corporation, Partnership or Individual)
CONTRACTOR
and Western Surety Company, Phone 605 - 336 -0850
(Name of SURETY)
P 0 Box 5077, Sioux Falls, S 5 7117
(Address of SURETY) (Phone No. of SURETY)
hereinafter called Surety, are held and firmly bound unto:
the City of Sanford, the OWNER, whose address is 300 North Park Avenue, Sanford, Florida
32771;
in the full and just Sum of Five hundred fifty -five thousand five hundred fifty -five and 55/100
Dollars ($555,555.55 in lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly
by these presents. The sum shall not be less than one hundred percent (100 %) of the Contract
Price.
THE CONDITION OF THIS OBLIGATION is such that whereas, the CONTRACTOR entered
into a certain Agreement (including all associated contract documents relating therlip and as
the Agreement may be p1nended from time -to -time) with the OWNER, dated the- day of
aotIa a copy of which may be hereto attached, but, in
any event, is maiiftained in the records of the OWNER, said Agreement being hereby made a
part hereof by this reference thereto as if fully set forth herein verbatim, said Agreement being
entered generally for the construction of:
SR46 Detour Rd. and SR415 Utility Relocations IFB No. 11/12 -05
(Name of Project) (Contract No.)
The Project is briefly described as and located as described below:
SR46 Detour Rd. and SR415 Utility Relocations
SPECLIOD91509
00610 -1
PAYMENT BOND
This bond is given to comply with Section 255.05 FL 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) FL Statutes.
Force main, sanitary sewer, and water main relocations along the SR 46 Detour Rd., starting at
the south side of SR 46 east of Mellonville Ave., extending onto airport property at the north side
of the airport south of SR 46, ending at the south side of SR 46 west of Helicat Lane.
Additionally, existing water main, force main, and reclaimed water main will be relocated along
SR 415, extending north of SR' 46 to north of the Stirling Meadows subdivision, and east of SR
415 on the north side of SR 46.
The SURETY shall be bound by any and all alternative dispute resolution awards and
settlements to the same extent as CONTRACTOR is bound.
NOW, THEREFORE, the condition of this obligation is such that if CONTRACTOR shall
promptly make payments to all claimants as defined in Sections 255.05 and 713.01, Florida
Statutes, supplying CONTRACTOR with labor, materials, or supplies, used directly or indirectly
by CONTRACTOR 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:
This Bond is furnished for the purpose of complying with the requirements of
Section 255.05, Florida Statutes, as amended as well as for other intents and
purposes for the benefit of the OWNER.
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 713.23 and
713.18, Florida Statutes,
3. Therefore, a claimant, except a laborer, who is not in privity with the
CONTRACTOR shall, before commencing to furnish labor, materials, or supplies
for the prosecution of the work, or not later than 45 days after commencing to
furnish labor, materials, or supplies for the prosecution of the work, furnish the
CONTRACTOR with a notice that he or she intends to look to this Bond for
protection. A claimant who is not in privity with the CONTRACTOR and who has
not received payment for his or her labor, materials, or supplies shall deliver to
the CONTRACTOR and to the SURETY written notice of the performance of the
labor or delivery of the materials or supplies and of the nonpayment. The notice
of nonpayment may be served at any time during the progress of the work or
thereafter but not before 45 days after the first furnishing of labor, services, or
materials, and not later than 90 days after the final furnishing of the labor,
services, or materials by the claimant or, with respect to rental equipment, not
later than 90 days after the date that the rental equipment was last on the job site
available for use. Claimant shall deliver to the CONTRACTOR and to the
SURETY written notice of the performance of the labor or delivery of the
materials or supplies and of the nonpayment. No action for the labor, materials
or supplies may be instituted against the CONTRACTOR or the SURETY on the
bond after one year from the performance of the labor or completion of the
delivery of the materials or supplies.
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 CONTRACTOR, shall
SR46 Detour Rd. and SR415 Utility Relocations
00610 -2
PAYMENT BOND
SPECLIS021609
remain in full force and effect notwithstanding (i) amendments or modifications to
the Agreement entered into by OWNER and CONTRACTOR without the
SURETY's knowledge or consent (ii) waivers of compliance with or nay default
under the Agreement granted by OWNER to CONTRACTOR without the
SURETY's knowledge or consent, or (iii) the discharge of CONTRACTOR from
its obligations under the Agreement as a result of any proceeding initiated under
the bankruptcy laws of the United States of America, as the same may be
amended, or any similar State or Federal law, or any limitation of the liability or
CONTRACTOR or its estate as a result of any such proceeding.
5. Any changes in or under the Agreement and compliance or noncompliance with
any formalities connected with the Agreement or the changes therein shall not
affect SURETY's obligations under this Bond and SURETY hereby waives notice
of any such changes. Further, CONTRACTOR and SURETY acknowledge that
the Sum of this Bond shall increase or decrease in accordance with change
orders (unilateral and bilateral) or other modifications to the Agreement. The
CONTRACTOR may have obligations to the SURETY, but the failure of the
CONTRACTOR to perform, comply with or accomplish any such obligation, in
whole or part, shall not, in any way or to any extent, limit or interfere with the
rights and benefits of the OWNER under this Bond.
6. This Bond and any other bond, or similar document, and the covered amounts of
each, are separate and distinct from each other and the OWNER shall be entitled
to the totality of rights and benefits from all such documents.
IN WITNESS WHEREOF, this instrument is executed this the ZK' day of
/9 12 [L �
ATTEST.
1
CONTRACTOR Aftes Authority
Typed Name
(CORPORATE SEAL)
;(WitneWo CONTRAC R)
Typed Name
ATTEST:
Power o f Attorney
SR46 Detour Rd. and SR415 Utility Relocations
00610 -3
CONTRACTOR Signatory Authority
Hazen Construction, LLC
CONTRA OR Signatory Authority
5,16, 4,0
�peme and Title
1599 Tionia Rd
Address
New Smyrna Beach, FL 32168
City, State, Zip
386 322 - 8700 386 - 756 - 0000
Telephone No. Facsimile No.
SURETY
Western Surety Company
PAYMENT BOND
SPECLIBD91509
k�
(SURETY) Secretary
Typed Name
(CO PORATE EAQ
&,�� S
Witn s as to SURETY
Lynne Mathews
Typed me
Witness as to URE
Amy Scott
Typed Name
Western Surety Company
SURETY
i•
Y
r Ti
l r
605 - 336 -0850 877 - 276 - 7609
Telephone No. Facsimile No.
B
Attorney -in -Fact FL Licensed Resident Agent
K. Wayne Walker
Typed Name
45 Eglin Parkway, Suite 202
Address
Fort Walton Beach, FL 32548
City, State, Zip
850 581 - 4925 850 581 - 4930
Telephone No. Facsimile No.
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 the Bond. The SURETY's obligations run as to all such parties.
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
Bond on behalf of SURETY.
END OF SECTION
SR46 Detour Rd. and SR415 Utility Relocations
00610 -4
PAYMENT BOND
SPECLIBOD1509