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PURCHASING DEPARTMENT
TRANSMITTAL MEMORANDUM
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To: City Clerk
RE: AC Schultes of Florida Inc (Recorded bonds) IFB 12/13 -09 Recase Oregon Potable
Water Well No. 1
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
Development Order Mayor's signature
1 1 Final Plat (original mylars) ❑ Recording
Li Letter of Credit ❑ Rendering
Maintenance Bond ® Safe keeping (Vault)
Ordinance ❑ Deputy City Manager
❑ Performance Bond ❑ Payment Bond
❑ Resolution I City Manager Signature
1 1 City Clerk Attest /Signature
Once completed, please:
❑ Return originals to Purchasing
❑ Return copies
Special Instructions:
Marisol Ordofiez 6,_p---fs
From Date
T:\Dept_forms \City Clerk Transmittal Memo - 2009.doc
MARYANNE MORSE, CLERK OFF CIRCUIT WORT
SENIMMLE: COUNTY
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CLERK' S 1# 2013060050 `
RECORDED 05/02/W13 04s18s20 PM
RECORDING FEES 78.00 °' r w
SECTION 00605 RECORDED 8Y ,1 Eckenroth (all/ `c ""�
PERFORMANCE BOND C CN
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BOND # 58704402
KNOW ALL MEN BY THESE PRESENTS: that o
A.C. Schultes of Florida, Inc. ..);
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(Name of CONTRACTOR) o
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11865 US Highway 41 South Gibsonton FL 33534
(Address of CONTRACTOR) °y
a Corporation R
hereinafter called o
(Corporation, Partnership or Individual)
Western Surety Company
Principal, and
(Name of Surety) 0•
333 S. Wabash Avenue, Chicago, IL 60604 cm �.y
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(Address of Surety) ,.4.
\\ hereinafter called Surety, are held and firmly bound untol) City of Sanford, Florida hereinafter
called OWNER, in the full and just Sum of Eighty Five Thousand One Hundred 00 /100
DOLLARS ($ °
s5, loo.00 ) in lawful money of the United States, for ci
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 o
hundred ten percent (110 %) of the Contract Price. a
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THE CONDITION OF THIS OBLIGATION is such that whereas, the Priryii entered into a °
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c ain A eement with the City of Sanford, Florida, (OWNER), dated the .... ay of
f ri 2013 a copy of which is hereto attached and made a part hereof
or construction of 2) Recase Oregon Potable Water Well No. 1 ; IFB 12/13 -09. �-
1) Name of Owner
2) Name of Project identified in Instructions to Bidders
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This bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes c'
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and the Agreement referenced above, as the same may be amended.
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The Surety shall be bound by any and all alternative dispute resolution awards and settlements
to the same extent as CONTRACTOR is bound. P
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NOW, THEREFORE, the condition of this obligation is such that if Principal:
1. Promptly and faithfully performs its duties, all the covenants, terms, conditions,
and agreements of said Agreement including, but not limited to the insurance 0 tv
provisions, guaranty period and the warranty provisions, in the time and manner L..)
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prescribed in the Agreement, and
00605 -1
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2. 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 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 void; otherwise it shall
remain in full force and effect.
The coverage of this Performance Bond is co -equal with each and every obligation of
the Principal under the above referenced Agreement and the Contract Documents of which the
Agreement is a part.
In the event that the Principal shall fail to perform any of the terms, covenants and
conditions of the Agreement and the Contract Documents of which the Agreement is a part
during the period in which this Performance Bond is in effect, the Surety shall remain liable to
the OWNER for all such loss or damage.
In the event that the Surety fails to fulfill its obligations under this Performance Bond,
then the Surety shall also indemnify and hold the OWNER harmless from any and all loss,
damage, cost and expense, including reasonable attorneys' fees and costs for all trial and
appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its
obligations hereunder. This subsection shall survive the termination or cancellation of this
Performance Bond.
The Surety stipulates and agrees that its obligation is to perform the Principal's work
under the Agreement under the Bond. The following shall not be considered performance under
the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the
Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and (iii) Surety's
election to do nothing under the Bond shall be construed as a material breach of the Bond and
bad faith by the Surety. The Surety agrees that its obligation under the bond is to: (i) take over
performance of the Principal's Work and be the completing Surety even if performance of the
Principal's Work exceeds the Principal's Contract Price or (ii)re -bid and re -let the Principal's
Work to a completing contractor with Surety remaining liable for the completing contractor's
performance of the Principal's Work and furnishing adequate funds to complete the Work. The
Surety acknowledges that its cost of completion upon default by the Principal may exceed the
Contract Price. In any event, the Principal's Contract Time is of the essence and applicable
delay damages are not waived by OWNER.
The Surety, value received, hereby stipulates and agrees that its obligations
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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 Agreement entered into by OWNER and Principal without
the Surety's knowledge or consent (ii) waivers of compliance with or nay default under the
Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii)
the discharge of Principal from its obligations under the Agreement as a result of any
proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any
similar state or federal law, or any limitation of the liability or Principal or its estate as a result of
any such proceeding.
00605 -2
Any changes in or under the Agreement and Contract Documents and compliance or
noncompliance with any formalities connected with the Agreement or the changes therein shall
not affect Surety's obligations under this Bond and Surety hereby waives notice of any such
changes. Further, Principal 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 and Contract Documents.
The Performance Bond and the Payment Bond and the covered amounts of each are
separate and distinct from each other.
This Bond is intended to comply with the requirements of Section 255.05, Florida
Statutes, as amended, and additionally, to provide common law rights more expansive than as
required by statute. The Surety agrees that this Bond shall be construed as a common law
bond.
IN WITNESS WHEREOF, this instrument is executed this the 24th day of April
A.C. SCHULTES OF FLORIDA, INC.
ATTEST: Princip -I (Contracto Z
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Secreta 'ljncipal) B .. 0.)
. 0 'a V\AL 6( - et) r CC/4/i ". 1 ee /4
Typed Name Typed 'am- and Title \''\'''''" p. C'• .•
11865 US Highway 41 South f )g .
(CORPORATE SEAL) Address : d ' . , i f'` •
-ca' , r ti
Gibsonton, FL 33534 L I: . .
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City, State, Zip %
Oh, 813- 741 -3010
( i tness to Principal) Telephone No Facsimile No."
1 ,6 V/ vl A ow&-1/
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yped Name �d1-wi j`
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r . . • ' /lI' �
`� ,, WESTERN SURETY COMPANY a Y �,Y * ,� (? =
(S -ty S S urety "' �d
� 4100 f.
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Theresa Bassett x".... • ..•• -• '>y `
610 - 727 -5300 610-72 11 .0
Typed Name Telephone No. Facsimile No. {4
(CORPORATE SEAL)
Witness / / /
00605 -3
Witness as to Surety Attorney -in -Fact
Daniel P. Dunigan
Typed Name Typed Name
Lois Eshleman 2 Paoli Office Park
Witness as to Surety Address
Witness Paoli, Pa. 19301
Typed Name City, State, Zip
610 - 727 -5300 610 - 727 -5416
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.
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
00605 -4
. 1
SECTION 00610
PAYMENT BOND
BOND #58704402
KNOW ALL MEN BY THESE PRESENTS: that
A.C. Schultes of Florida, Inc.
(Name of CONTRACTOR)
11865 US Highway 41 South Gibsonton, FL 33534
(Address of CONTRACTOR)
Corporation
a , hereinafter called
(Corporation, Partnership or Individual)
. Western Surety Company
Principal, and
(Name of Surety)
333 S. Wabash Avenue, Chicago, IL 60604
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto 1) City of Sanford, Florida hereinafter
called OWNER, in the full and just Sum of Eighty Five Thousand One Hundred - -00 /100
DOLLARS ($ 85,100.00 ) 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 ten percent (110 %) of the Contract Price.
THE CONDITION OF THIS OBLIGATION is suctati wher as, thp Principal entered into a
certain Agreement with the OWNER, dated th€' 9 day of 17 2013
a copy of which is hereto attached and made a part ereof for the construction of 21
Recase Oregon Potable Water Well No. 1 ; IFB 12/13 -09.
1) Name of Owner
2) Name of Project identified in Instructions to Bidders
The Surety shall be bound by any and all alternative dispute resolution awards and settlements
to the same extent as CONTRACTOR is bound.
I
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:
1. This Bond is furnished for the purpose of complying with the requirements of
Section 255.05, Florida Statutes, as the same may be amended.
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2. Therefore, a claimant, except a laborer, who is not in privity with the
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CONTRACTOR and who has not received payment for his labor, Materials or
00610 -1
I
1
supplies shall, within forty-five (45) days after beginning to furnish labor,
Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR
with a notice that he intends to look to the Bond for protection. A claimant who is
not in privity with the CONTRACTOR and who has not received payment for his
labor, Materials or supplies shall within ninety (90) days after performance of the
labor or completion of delivery of the Materials or supplies, or, with respect to
rental equipment, within 90 days after the date that the rental equipment was last
on the job site available for use, 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
(1) year from the performance of the labor or completion of the delivery of the
Materials or supplies.
3. The Surety, for value received, hereby stipulates and agrees that its obligations
hereunder shall remain in full force and effect notwithstanding (i) amendments or
modifications to the Agreement entered into by OWNER and Principal without the
Surety's knowledge or consent, (ii) waivers of compliance with or any default
under the Agreement granted by OWNER to Principal without the Surety's
knowledge or consent, or (iii) the discharge of Principal from its obligations under
the Agreement as a result of any proceeding initiated under The Bankruptcy
Code of 1978, as the same may be amended, or any similar state or federal law,
or any limitation of the liability or Principal or its estate as a result of any such
proceeding.
4. Any changes in or under the Agreement or Contract Documents and compliance
or noncompliance with any formalities connected with the Agreement or the
changes therein shall not affect Surety's obligations under this Bond and Surety
hereby waives notice of any such changes. Further, Principal and Surety
acknowledge that the Sum of this Bond shall increase or decrease in accordance
with the Change Orders (unilateral and bilateral) or other modifications to the
Agreement or Contract Documents.
5. The Performance Bond and the Payment Bond and the covered amounts of each
are separate and distinct from each other.
IN WITNESS WHEREOF, this instrument is executed this the 24th day of April \�
2013 NOV
A.C. Schultes of Florida, Inc.
W O
ATTEST: Princip. -I (Contract
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Secreta incipal) -41,
OrtkAAC 61"!10(Y V/Ce eicle
Typed Name Typed NIam$ and Title
11865 US Highway 41 South
(CORPORATE SEAL) Address
00610 -2
Gibsonton, FL 33534
1
City, State, Zip
813- 741 -3010
( itness to Principal) Telephone No. Facsimile No.
C 141 /
Typ d Name
EST:
Western Surety Company
(S t - t,) Surety
Theresa Bassett 610 - 727 -5300 610- 727 -5416
Typed Name Telephone No. Facsimile No.
(CORPORATE SEAL)
Witness
By
Witness as to Surety orn n -F t
/r Daniel P. Dunigan
yped Name Typed Name
Lois Eshleman 2 Paoli Office Park .
Witness as to Surety Address . ��� �L ?� vQ �, ►•, ''s
Witness Paoli, Pa. 19301 � I '^ •/
• - ` :-
Typed Name City, State, Zip t�
(610) 964 -5858 4'O d!.10. ";
Telephone No. Facs)rhile 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 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
00610 -3
Western Surety Company
•
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That 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
William F Simkiss, Richard J Decker, Daniel P Dunigan, Joseph W Kolok Jr, Brian C Block,
James L Hahn, Individually
of Paoli, PA, its true and lawful Attomey(s) -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, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 13th day of November, 2012.
WESTERN SURETY COMPANY
,acm
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trait
aul T. Bruflat, Vice President
State of South Dakota
ss
County of Minnehaha
On this 13th day of November, 2012, 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 Vice President of WESTERN SURETY 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 given 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
J. MOHR
r NOR PUBLIC
June 23; 2015 SOUT Y DAKOTA SEAL f ,,C, 1 4/
J. �IO
CERTIFICATE :- tapry Public
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1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney he set forth is still in_
force, and further certify that the By -Law of the corporation pnnte on the reverse hereof is still in force. In testimony w have hereiiltt s rbsFfibed
my name and affixed the seal of the said corporation this cx day of �� g � ,�''
WESTERN SURET Y COMPANY
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L. Nelson, Assistant Secretary
Form F4280 -7 -2012