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1566* A.C. Schultes of Fla (bonds) I MARYANNE NORSE, CLERK OF CIRCUIT COURT SEMIN[_F COUNTY BK 0ff0P.8 Pys 019/ -- 20 $; (9pgs) 1 ::: CLERK'S # 2013060050 `3 4 i REC11RUED 05/02/2023 04 t 18i2'0 PM a .I L `L. SECTION 00605 RECURDINB FEES 78.00 a „ r, RECURDI-=0 HY J Eckenrath(alll ( `< c) PERFORMANCE BOND k7) C..a 0 w.-i go BOND # 58704402 i KNOW ALL MEN BY THESE PRESENTS: that cm tl / :"' A.C. Schultes of Florida, Inc. (Name of CONTRACTOR) o P 11865 US Highway 41 South Gibsonton FL 33534 (Address of CONTRACTOR) P. Corporation a , hereinafter called o (Corporation, Partnership or Individual) Western Surety Company n Principal, and (Name of Surety) 0 333 S. Wabash Avenue, Chicago, IL 60604 fig t . y V (Address of Surety) 7 \` hereinafter called Surety, are held and firmly bound untol) City of Sanford, Florida hereinafter n o called OWNER, in the full and just Sum of E ighty Five Thousand One Hundred 00 /100 o DOLLARS ($ 85,100.00 ) in lawful money of the United States, for on the payment of which sum well and truly to be made, we bind ourselves, successors, and g 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. w 0 THE CONDITION OF THIS OBLIGATION is such that whereas, the Pri i entered into a ° c ain Agf & eement with the City of Sanford, Florida, (OWNER), dated the ay of P! 2013 a copy of which is hereto attached and made a part hereof or he construction of 2) Recase Oregon Potable Water Well No. 1 ; IFB 12/13 -09. 1) Name of Owner C 2) Name of Project identified in Instructions to Bidders C (D This bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes c..' and the Agreement referenced above, as the same may be amended. 0 The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. P w 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 N provisions, guaranty period and the warranty provisions, in the time and manner o prescribed in the Agreement, and 00605 -1 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, 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 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: PrincipaI (Contracto 1 ' 7 ■ Secreta� ' jncipal) B - ) -e.-( 0eV x6( nrti cdv / -_ a /4 Typed Name Typed yam and Title e 11865 US Highway 41 South (CORPORATE SEAL) Address �: ; , e r . ,) Gibsonton, FL 33534 L City, State, Zip , � 7 14 1/ / / 813-741 -3010 ( itness to Principal) Telephone No Facsimile No." / r t C L7 �/(f G L ,•�Ree�i�,,, yped Name 410N v r � • WESTERN SURETY COMPANY ,r (S -ty ,x Surety k.1 w 4100 f. • Theresa Bassett - 2 610 - 727 -5300 610- 72`7'�4.b t�ti' Typed Name Telephone No. Facsimile No' 4' (CORPORATE SEAL) Witness 00605 -3 Witness as to Surety Attorney -in -Fact Daniel P. Dunigan TypeName 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 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)Citv 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, 1h Principal entered into a certain Agreement with the OWNER, dated th 9 day of f/ , 2013 a copy of which is hereto attached and made a part it 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. 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. 2. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or 00610 -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 s , Vov F k K ' A.C. Schultes of Florida, Inc c/f }v f� w . r , i O r~ ATTEST: Princip. - (Contracts ' • # G �'' Secreta ' incipal) .� ) / Typed Name Typed ream and Title 11865 US Highway 41 South (CORPORATE SEAL) Address 00610 -2 Gibsonton, FL 33534 City, State, Zip 813- 741 -3010 11 s to Principal) j/ Telephone No. Facsimile No. /� - (/J �'/ Typed Name EST: Western Surety Company 7 (S ) '+:. Surety Theresa Bassett 610- 727 -5300 610- 727 -5416 Typed Name Telephone No. Facsimile No. (CORPORATE SEAL) Witness �— By: Witness as to Surety ��• `orney in F. t 4 ,/ Daniel P. Dunigan yped Name Typed Name Lois Eshleman ; Paoli Office Park, 1 �,ee +, Witness as to Surety Address ,, � f ( -2 Witness Paoli, Pa. 19301 *),)".f C °': _. Typed Name City, State, Zip S ': (610) 964 -5858 :) C ©d�r Telephone No. Facatile 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. 5 WESTERN SURETY COMPANY z1t Ay ;� 4 �� >NDAµ�v` • / 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 t eft NOTARY PUBLIC SEAL j5 June 23, 2015 f J SOUTH DAKOTA � 1 J. I Inyficit try Ptblic CERTIFICATE ; '( 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney herainabbkset forth is stiff in s�• force, and further certify that the By -Law of the corporation printe on the reverse hereof is still in force. In testimony wheieofI have hered t ?sbsc tibed c my name and affixed the seal of the said corporation this cN' day of !'' = ,"siaery WESTERN SURET Y COMPANY _Wt l rf SgAV J.�f L. Nelson, Assistant Secretary Form F4280 -7 -2012 ---H/56 c',1 CNI S1NFOM) 0.. G � • Rl Wednesday, June 12, 2013 y — 1877 = CNI PURCHASING DEPARTMENT = TRANSMITTAL MEMORANDUM 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 1 1 Mayor's signature ❑ Final Plat (original mylars) ❑ Recording Letter of Credit n Rendering n Maintenance Bond ® Safe keeping (Vault) ❑ Ordinance [ 1 Deputy City Manager Performance Bond ❑ Payment Bond n Resolution ❑ City Manager Signature 1 1 City Clerk Attest /Signature Once completed, please: n Return originals to Purchasing Return copies Special Instructions: Marisol Ordofiez 6,p-is From Date T:\Dept_forms \City Clerk Transmittal Memo - 2009.doc