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1652 Central Environmental Servicemi— 9% Thursday, September 26, 2013 PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM To: City Clerk RE: Central Environmental Services Inc IFB 12/13 -21 Demolition of the Old Post Office The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond ® Safe keeping (Vault) ❑ Ordinance ❑ Deputy City Manager ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature ❑ ❑ City Clerk Attest /Signature Once completed, please: ❑ Return originals to Purchasing ❑ Return copies Special Instructions: Mo r4at Ordo-v From T:\Dept_forms \City Clerk Transmittal Memo - 2009.doe Date IJ; "a ii.. 4""41 LLI 9 In CID SECTION 00530 NOTICE TO PROCEED FORM TO: Central Environmental Services, Inc 2722 Apopka Blvd., Apopka, FL 32703 Notice to Proceed Date: September 4, 2013 PROJECT: Demolition of Old Post Office Building IFB 12/13 -21 You are hereby notified to commence WORK in accordance with the Agreement dated Au ust 1, 2013. This Notice authorizes the CONTRACTOR to commence construction on the Notice to Proceed date indicated above, and in accordance with the Agreement; all work shall be substantially complete within 30 calendar days of the date of this Notice to Proceed. Therefore, the date of substantial completion is October 4th 2013. The date of Final completion is November 4, 2013. By (SigtTaturi� Biiai Z�tikhaa, 4ct-ing Ci,. y Nanayet (Printed Name and Title) ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE TO PROCEED is hereby acknowledged by 'R� ehrrck t;;rcn2 this 3 da f Sc gk. -nb(- By Richard dent Printed Name and Title END OF SECTION 00530 -1 Tuesday, October 01, 2013 PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM TO: City Clerk RE: Central Environmental Services Inc Notice of Award Sec00510 IFB 12/13 -21 Demolition of Old Post office The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond ® Safe keeping (Vault) ❑ Ordinance ❑ Deputy City Manager ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature ❑ ❑ City Clerk Attest /Signature Once completed, please: ❑ Return originals to Purchasing ❑ Return copies El Special Instructions: Maria(, Ord4-i;�za From T:\Dept_ forms \City Clerk Transmittal Memo - 2009.doe Date Lrj c�a CD SECTION 00510 NOTICE OF AWARD FORM TO: Central Environmental Services, Inc 2722 Apopka Blvd., Apopka, FL 32703 NAME OF PROJECT: Demolition of the Old Post Office Building The OWNER has considered the BID submitted by you, dated April 24, 2013 for the above described WORK in response to the Invitation for Bids and Information for Bidders. You are hereby notified that your BID has been accepted for BID items in the amount of $ 57,869.00. You are required by the Instructions to Bidder to execute the Agreement and furnish the required CONTRACTOR's Performance Bond, Payment Bond, and certificates of insurance within fourteen (14) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds and insurance within fourteen (14) calendar days from receipt of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this 6th day of Auqust , 2013. OWNER: / % - (Name of OWN B (Signature) Y (Printed Name and Title) ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE OF AWARD is hereby acknowledged by _ Lc " -a this day..Q& RMaro Lorenz - Printed Name and Title 00510 -1 PURCHASING DEPARTMENT jGos Tuesday, August 27, 2013 TRANSMITTAL MEMORANDUM To: City Clerk/Mayor RE: Demolition Old Post Office Bldg -221 Palmetto Ave — Central Environmental Services IFB 12/13.21 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: Mo--4,o-b 0r� From T: \Dept_forms \City Clerk Transmittal Memo - 2009.doc ® Mayor's signature ❑ Recor endering Safe keeping (Vau t) G ger ❑ Payment Bond ❑ City Manager Signature ® City Clerk Attest /Signature ff., "Ig �� (? Date r T-4 log c•� Bond Number: CDGPI00271 -`n AIA DocumentA312T"" —2010 Performance Bond CONTRACTOR: (Name, legal status and address) Central Environmental Services, Inc. 2722 Apopka Blvd. Apopka, FL 32703 OWNER: (Name, legal status and address) City of Sanford, Florida 300 North Park Ave. Sanford, FL 32771 CONSTRUCTION CONTRACT Date: SURETY: State National Insurance Company, Inc. Administered by: Contractor Managing General Insurance Agency, Inc. 20335 Ventura Blvd. Suite 426 Woodland Hills, CA 91364 Amount: Sixty -Eight Thousand One Hundred Forty-Four Dollars and no /100ths ($68,144.00) Description: \� (Name and location) Old Post Office Bldg - 221 N Palmetto Ave. Demolition BOND Date: June 21, 2013 (Not earlier than Construction Contract Date) Amount: Sixty -Eight Thousand One Hundred Forty -Four Dollars and no /100ths ($68,144.00) Modifications to this Bond: RI None ❑ See Section 16 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312 -2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. (Architect, Engineer or other party.) Init. AIA Document A312TM — 2010. The American Institute of Archhects. WI tYANNk: WiIGC*a QUA (# t,1; NI Al l 1" i,tli�l; I" BK OI9t?9Q Rqs 0979 - 99th; uiepgs) FILE NUM 2013102876 REMINWO 06/07/P013 W. -05157 PM REt IN1)IN6 f 1:kS tw. bo REWNi? O HY L W0041ey wilin 1 cfl 'C3 >v rYo d 4. P State National Insurance Company, Inc. administered by: CONTRACTOR AS PRINCIPAL ETY Contractor Managing General Insurance`A®t ;��rfl,l! ri , Company: ate Seal Company: (Corporate Seal) - • ° Ja" Central Environ es, Ina if C Signature Signatui'P" _ -! Name _ Stephanie Hope Shear � and Title: �� and Title: (Any additional signatures appear on the last page of this 7rej6r�lrirUtc�onZ.)n -Fact , ti` Y' (FOR INFORMATION ONLY —Name, address and telephone) '1_(,\/t ; AGENT or BROKER OWNER'S REPRESENTATIVE: (Architect, Engineer or other party.) Init. AIA Document A312TM — 2010. The American Institute of Archhects. WI tYANNk: WiIGC*a QUA (# t,1; NI Al l 1" i,tli�l; I" BK OI9t?9Q Rqs 0979 - 99th; uiepgs) FILE NUM 2013102876 REMINWO 06/07/P013 W. -05157 PM REt IN1)IN6 f 1:kS tw. bo REWNi? O HY L W0041ey wilin 1 cfl 'C3 >v rYo d 4. P § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after 1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's 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, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. (nit. AIA Document A312TM — 2010. The American Institute of Architects. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. § B If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner 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, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Init. AiA Document A312TM —2010. The American Institute of Architects. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. Init. AIA Document A312TO — 2010. The American Institute of Architects. 4 Bond No.: CDGPI00271 Premium: $2,044.00 Taxes & Fees: N/A State National Insurance Company, Inc. Administered by: CONTRACTOR MANAGING GENERAL INSURANCE AGENCY, INC. POWER OF ATTORNEY KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSURANCE COMPANY, INC. a corporation organized and existing under the laws of the State of Texas, having its principal office in Bedford, Texas does hereby constitute and appoint Stephanie Hope Shear its true and lawful attomey(s) -in -fact to execute, seal and deliver for and on its behalf as surety, the following bond described as: Old Post Office Bldg - 221 N Palmetto Ave. Demolition for: Three Million and 00 /100 Dollars ($3,000,000) and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these present, shall be as binding upon STATE NATIONAL INSURANCE COMPANY, INC. as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, STATE NATIONAL INSURANCE COMPANY, INC. has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 11 th day of June, 2012. STATE NATIONAL INSURANCE COMPANY, INC. ai• i Terry L. Ledbetter, President STATE OF TEXAS County of Tarrant Wyatt D. Blackburn, Secretary On this Ith day of June, 2011 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY, INC.; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF, I have hereunto set my hand at Bedford, Texas the day and year above written. �wv v� ivii Notary flow, State of'r*X&5 E. 4�-Comm`Exp.`04-21 `15 . [Notary Stamp] Signature of Notary 1, Wyatt D. Blackburn, Secretary of STATE NATIONAL INSURANCE COMPANY, INC., do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by STATE NATIONAL INSURANCE COMPANY, INC., which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attested the seal of said Company this 21st day of June 2013. Wyatt Drl3t�ckbul n Sefirctary �i.'r CMGa-�rft -� CALIFORNIA ALL — PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On ,JUN 212013 before me, JAN MICHELLE RIVERA, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER Personally appeared STEPHANIE HOPE SHEAR , NAME(S) OF SIGNER(S) Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. _ JAN MICHELLE WIT SS m hand and official seal. Q . _ , Commission # 1939902 ` m Notary Public California i Z' _�.; > Z " <.'' Los Angeles County My Comm. Expires Jul 3, 2015 NOTARY SEAL *4" � °-AIA MO Payment Bond Bond Number: CDGPI00271 Document A312 TM -2010 CONTRACTOR: (Name, leg�al status and address) Central Fhvironmental Services, Inc. 2722 Apopka Blvd. Apopka, FL 32703 OWNER: (Name, legal status and address) City of Sanford, Florida 300 North Park Ave. Sanford, FL 32771 CONSTRUCTION CONTRACT Date: SURETY: (Name, legal status and principal place of business) State National Insurance Company, Inc. administered by: Contractor Managing General Insurance Agency, Inc. 20335 Ventura Blvd. Suite 426 Woodland Hills, CA 91364 Amount: Sixty -Eight Thousand One Hundred Forty-Four Dollars and no /100ths ($68,144.00) Description: (Name and location) Old Post Office Bldg - 221 N Palmetto Ave. Demolition BOND Date: June 21, 2013 (Not earlier than Construction Contract Date) Amount: Sixty -Eight Thousand One Hundred Forty-Four Dollars and no /100ths ($68,144.00) Modifications to this Bond: IN None ❑ See Section 18 This document has Important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312 -2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. State National Insurance Company, Inc. administered by: CONTRACTOR AS PRINCIPAL SURETY Contractor Managrng General Insurance Agency, Inc jili Company: (Corporate Seal) Co pany: (Corporate Seal) Central Environm Inc. �.�✓` - �l Signature. Signa „ 1 Name Ime St�phanie Hope Shear - and Title �s/ �;and Title: Attorney -in -Fact J, , tt (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY —Name, address and telephone) .,.i AGENT or BROKER: OWNER'S REPRESENTATIVE: t , j (Architect, Engineer or other party.) Init. AIA Document A3112TM — 2010. The American Institute of Architects. 061110 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non - payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non - payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non - payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Init. ALA Document AM" — 2010. The American Institute of Architects. § 14 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a CIaim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claunant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. AIA Document A312- —2010. The American Institute of Architects. 7 § 16.4 Owner Default Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between. a Contractor and subcontractor, the tern Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address CAUTION. You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. Init. ALA Document A312TM — 2010. The Amerlcan Institute of Architects. 8 Bond No.: CDGPI00271 Premium: 52,044.00 Taxes & Fees: N/A State National Insurance Company, Inc. Administered by: CONTRACTOR MANAGING GENERAL INSURANCE AGENCY, INC. POWER OF ATTORNEY KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSURANCE COMPANY, INC. a corporation organized and existing under the laws of the State of Texas, having its principal office in Bedford, Texas does hereby constitute and appoint Stephanie Hope Shear its true and lawful attomey(s) -in -fact to execute, seal and deliver for and on its behalf as surety, the following bond described as: Old Post Office Bldg - 221 N Palmetto Ave. Demolition for: Three Million and 00 /100 Dollars ($3,000,000) and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these present, shall be as binding upon STATE NATIONAL INSURANCE COMPANY, INC. as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, STATE NATIONAL INSURANCE COMPANY, INC. has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 11th day of June, 2012. STATE NATIONAL INSURANCE COMPANY, INC. 1 Terry L. Ledbetter, President STATE OF TEXAS County of Tarrant Wyatt D. Blackburn, Secretary On this Ith day of June, 2011 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY, INC.; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF, I have hereunto set my hand at Bedford, Texas the day and year above written. a` *ilY Fi, iY tidy L7UYl�J Notary P'umic. State of Texas Nf.� Comm. Exp. 04 -21 -15 [Notary Stamp] Signature of Notary 1, Wyatt D. Blackburn, Secretary of STATE NATIONAL INSURANCE COMPANY, INC., do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by STATE NATIONAL INSURANCE COMPANY, INC., which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attested the seal of said Company this 21st day of June 2013. Wyatt D. Blackburn; SeSrgtary � ...,y• (�MGIA- SNIC- SUR -014 -05/12 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On ;SUN 212013 DATE before me, JAN MICHELLE RIVERA, NOTARY PUBLIC_ NAME, TITLE OF OFFICER Personally appeared STEPHANIE HOPE SHEAR , NAME(S) OF SIGNER(S) Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregsZng paragraph is true and correct. _--. ESS m� hand and official seal. JAN MICHELLE RIVERA Commission # 1939902 r Notary Public - California i Los Angeles County > My Comm. Expires Jul 3 OF NOTARY NOTARY SEAL