1607 Morton Construction Co Performance BondSECTION 00605
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
VARYANNE (MORSE, SEMINULE CUIVN
CLEW OF CIRCUIT LWRT & G.NPTRULLER
BI{ 0144 Pils 04c8 - 437; (10p40
CLERK'S # 2013120514
REC1114*1) OIJ/18/r413 11;W-,b4 AN
RECMINU FEES 86.50
RECURDED BY J Erkenroth(a11)
Morton Construction Company
(Name of CONTRACTOR)
Bond No. 0158512
Executed in 2 Counterparts
2825 Richmond Ave Sanford Florida 32773 407 - 322 -0754
(Address of CONTRACTOR) (Phone No. of CONTRACTOR)
a Corporation , hereinafter called
(Corporation, Partnership or Individual)
CONTRACTOR,
and Berkley Regional Insurance Company
(Name of SURETY)
11201 Douglas Avenue, Urbandale, IA 50322 (515) 473 -3172
(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; (407) 668 -5000
in the full and just Sum of One hundred eighteen thousand eight hundred ninety -eight and
30/100 DOLLARS ($118,898.30) 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 thhto and as
the Agreeqienimay a amended frgkn time -to -time) with the OWNER, dated the day of
ate, _ a copy of which may be hereto attached, but, in
any event, i records o maintained in the f 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:
Site 10 Storm Sewer Replacement Pond 2CB IFB 12/13 -14
(Name of Project) (Contract No.)
The Project is briefly described as:
Site 10 Strom Sewer Replacement Pond C2B
00605 -1
SPEGLIB091509
PERFORMANCE BOND
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Replacement of storm pipe and minor ditch re- grading at Pond C -213
The Project is located (address or general location as shown below):
3105 $R 46 Geneva Florida 32732
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
SURETY. The SURETY agrees that its obligation under the Bond is to: (i) fully take over
Site 10 Strom Sewer Replacement Pond C213 PERFORMANCE BOND
00605 -2
SPECUB0915W
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.
Site 10 Strom Sewer Replacement Pond C2B PERFORMANCE BOND
00605 -3
SPECUB091509
IN WITNESS WHEREOF this instrument is executed this the 1(-Q day of
U/
CONTRACTOR
ATTEST: Morton Construction Company
CONTRACTOR
YyLa
a re - CONTRACTOR Attesting Authority ONTRAC OR Signatory Authority
�YSYNtu . t.,,,
AAn - Secretary /Treasurer
Ronald S. Morton - President
sit +IW; nd Title
Typed Name and Title
a
'° •.¢ +° �' =
2825 Richmond Ave.
• "►� :SAL)
Address
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Sanford. Florida 32773
CTOR)
City, State, Zip
o j w GOA VA des 5
407 - 322 -0754 407 - 322 -8194
Typed Name
Telephone No. Facsimile No.
ATTEST:
SURETY
�?C(U,,)j : J
Berkley Regional Insurance Company
(SURE ) Secretary
SURETY
Kathy Clawson, Witness
(515) 473 -3172 (866) 915 -7892
sy WINAme Nk:
Telephone No. Facsimile No.
t jRATf-
P SEAL)
By.
?�yj
Atto y- in -Fac Florida Licensed Resident Agent
',� $IT'F• s,,'alVress
Jennifer L. McCarta
." Type ame
Typed Name
11201 Douglas Avenue
W' ess aeSWRETY
Address
James Penny, Witness
Urbandale, IA 50322
Typed Name
City, State, Zip
(515) 473 -3172 (866) 915 -7892
Telephone No. Facsimile No.
Inquiries: (407) 834 -0022
Site 10 Strom Sewer Replacement Pond C2113
PERFORMANCE BOND
00605 -4
SPECLIM915D9
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
Site 10 Strom Sewer Replacement Pond C2B
00605 -5
SPECUB091509
PERFORMANCE BOND
This bond is given to comply with Section 255.05 Florida 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), Florida
Statutes.
SECTION 00610
PAYMENT BOND Bond No. 0158512
Executed in 2 Counterparts
KNOW ALL MEN BY THESE PRESENTS: that
Morton Construction Comgan
(Name of CONTRACTOR)
2825 Richmond Ave Sanford Florida 32773 407 - 322 -0754
(Address of CONTRACTOR) (Phone No. of CONTRACTOR)
a Corporation , hereinafter called
(Corporation, Partnership or Individual)
CONTRACTOR,
and Berkley Regional Insurance Company
(Name of SURETY)
11201 Douglas Avenue, Urbandale, IA 50322 (515) 473 -3172
(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; (407) 668 -5000
in the full and just Sum of One hundred eighteen thousand eight hundred ninety -eight and
301100 DOLLARS ($118,898.30) 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 thgo and as
the Agre ent ay amended fro,m(� ti a -to -time) with the OWNER, dated the 8 day of
T 0/ a copy of which may be hereto attached, but, in
any event, is maintained 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:
Site 10 Storm Sewer Replacement Pond 2CB IFB 12113 -14
(Name of Project) (Contract No.)
The Project is briefly described as:
Site 10 Storm Sewer Replacement Pond C25
00610 -1
SPECLIB0915M
PAYMENT BOND
Storm ,gi 012g replacement and minor ditch re- grading at Pond 2 -CB within Site 10.
The Project is located (address or general location as shown below):
3105 SR 46 Geneva Florida 32732
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:
1. 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 fumish 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
remain in full force and effect notwithstanding (i) amendments or modifications to
Site 10 Storm Sewer Replacement Pond C2B
00610 -2
SPECLIS091509
PAYMENT BOND
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 day of
l -nC ;�'?
CONTRACTOR
ATTEST. Morton Construction Company
CONTRACTOR
1�&a d
S' natu - CONTRACTOR Attesting Authority ONT CT R ignatory Authority
—14.1 ' ' Sffnn - Ssarrafiary / Trp,asurwr Ronald S. Morton - President
Typed Name and Title
`11i,Ge6 Of " and Title
Cn
I ypea Name
Site 10 Storm Sewer Replacement Pond C2B
SPECUW91509
2825 Richmond Ave.
Address
Sanford, Florida 32773
City, State, Zip
S 407 - 322 -0754 407- 322 -8124_
Telephone No. Facsimile No.
00610 -3
PAYMENT BOND
ATTEST.
(S RE ) Secretary
Kathy Clawson, Witness
Typed Name
(CORPORATE EAL)
jt" rM
Witness is to SURETY
Allyson Foss, Witness
Typed Nam, ;ev�
Witness eg-66DRETY
James Penny, Witness
Typed Name
SURETY
Berkley Regional Insurance Company
SURETY
(515) 473 -3172
(866) 915 -7892
Telephone No.
Facsimile No.
g�4
BJ
A ey -in -F 8, Florida Licensed Resident Agent
Jennifer L. McCarta
Typed Name
11201 Douglas Avenue
Address
Urbandale, IA 50322
City, State, Zip
(515) 473 -3172 (866) 915 -7892
Telephone No. Facsimile No.
Inquiries: (407) 834 -0022
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
Site 10 Storm Sewer Replacement Pond C28
00610 -4
SPECUB091509
PAYMENT BOND
No. 1178
POWER OF ATTORNEY
BERKLEY REGIONAL INSURANCE COMPANY
WILMINGTON, DELAWARE
NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company "), a
corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa,
has made, constituted and appointed, and does by these presents make, constitute and appoint: J. W. Guignard, Bryce R.
Guignard, April L. Lively, Margie L. Morris, Jennifer L. McCarla, Allyson Foss or James S. Penny of Guignard Company of
Longwood, FL its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal,
acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that
f no single obligation shall exceed Fifty Million and 00 /100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds
had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own
proper persons.
E E This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware,
without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000:
c "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and
qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations
on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto;
and further
RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances,
- or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the
f manner and to the extent therein stated; and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and
further
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any
�f, power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or
- other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as
r
- though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any
- person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have
d tp;be,such at the time when such instruments shall be issued."
r
IN W1, S' F,REOF, the Company has caused these presents to be signed and attested by its appropriate officers and its
g coins rito affixed this Zk- day of 2012.
hest: Berkley Regional Insurance Company
By
(�. Ira S. Lederman J Hafter
Senior Vice President &Secretary nior ice President
r WA
"J
- ^ Sworn to
— era S. L
Berkley 1
J I, thew&
'THIS POWER INVALID IF NOT PRINTED ON BLUE " BERKLEY" SECURITY PAPER.
STATE OF CONNECTICUT)
CGUNTY OF FAIRFIELD
ss:
a Notary Public in the State of Connecticut, this2tO day of 2012, by Jeffrey M. Hafter and
'who are sworn to me to be the Senior Vice President, and the Senior Vice Pre ' ent and Secretary, respectively, of
L Insurance Company.
a
` Notary Public, State of CAWdffdWBL/C..UAMOF�i�NNErTICi i
MY COMMISSION EXP'IRE9 tvik# 91, obi 7
CERTIFICATE
aed, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the
rue, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked
id- h:at'the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this
s.t#ached, is in full force and effect as of this date.
y hand and seal of the Company, this day of
kl AW, .
Andr . Tum
LEGIBILi)"Y UNSA iSFAC[QRY
FnR SCANNING
Instructions for Inquiries and Notices Under the Bond Attached to This Power
BerkleN SuretN Group, LLC is the affiliated underwriting manager for the suretN business of: Acadia Insurance
Company, Berkley Insurance Compan} BerkleN Regional Insurance Company, Carolina Casualh Insurance
Company, [anion Standard Insurance Company, Continental Westcrn Insurance Compan%, and t'!'111011
Insurance Insurance Company.
To yeriA, the authenticity of the bond, please call (866) 768 -3534 or email BSGlnquirpra berkleysuretN.com
An% Nrritten notices, inquiries, claims or demands to the surety on the bond to which this Rider is attached
should be directed to:
Berkley SuretN Group, LLC
412 ,Mount Kemble ANenue
Suite 310N
Morristomi, NJ 07960
kttention: SuretN Claims Department
Or
email BSGCIaim(a berkleysurety.com
Please include with all notices the bond number and the name of the principal on the bond. NN here a claim is
being asserted, please set forth generalIN the basis of the claim. In the case of a paN nlent or performance bond,
please identify the project to which the bond pertains.