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1637* Thadcon Bond�C isR7— Wednesday, October 01, 2014 ii; pi (r �' 1de iffy � � � TO: City Clerk RE: US 17/92 CRA W 7th St Water Main and Sewer Line Extensio Bond Thadcon LLC IFB 12/13 -22 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: Ma*-4ot Orrd4-� Flom TADept_ forms \City Clerk Transmittal Memo - 2009.doc 1k -1 -- Date �), 6 /(-/ I L. From: Richard Blake Dept.: Utilities Date: 9 -24 -2014 Phone: 407- 688 -5101 Subject: Bond information for CAE system (To be forwarded to City Clerk's Office) Project Name: US 17 -92 CRA W. 7" St. Water Main and Sewer Line Extension (IFB No. 12/13 -22) Project Address: CSX rail area on 17 -92, Maple Ave. from 8th St. to 11 St St. Bond Type: X Maint. /Agreement ❑ Letter Of Credit ❑ Cashier Check ❑ Performance ❑ Certified Check ❑ Cash Bond ❑ Cash Deposit ❑ Construction Loan Agreement Bond number: 7653504 Bond Holder Name: Thadcon, LLC Amount: $22,969.50 Bond Holder Address: 503 North Street, Daytona Beach, Fl. 32114 -2615 Bond Holder Phone: (386) 253- 3963 Email: N/A Bond Obligation: Utility bond (June 14, 2014 through June 14, 2016) Surety Name: Westfield Insurance Company Surety Address: P.O. BOX 5001, Westfield Center, OH 44251 -5001 Surety Phone: (330) 887 -0101 Email: Effective Date: June 14, 2014 Expiration date: June 14, 2016 (City's acceptance) (Three (2) years from acceptance) Alarm date: March 14, 2016 (90 days prior to expiration date) TADevelopment Review \04- Engineering\Bonds \Bond information.doc Bond No. 7653504 Executed in 1 Counterpart SECTION 00615 MATERIAL AND WORKMANSHIP BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE Thadcon, LLC , hereinafter referred to as "Contractor" and Westfield Insurance Company , hereinafter referred to as "Surety" are held and firmly bound unto _ City of Sanford, Florida , hereinafter referred to as the OWNER in the sum of ten percent (10 %) of the Contract Price as adjusted under the Contract Documents. The Final Contract Price is $ 229,695.01 , therefore Contractor and Surety are held and firmly bound unto OWNER the sum of Twenty Two Thousand Nine " Dollars ($ 22,969-50 _. 1 for the payment of which we bind ourselves, heirs, executors, successors and assigns, jointly and severally, firmly by these presents. Hundred Sixty Nine and 50/100 WHEREAS, Contractor has constructed certain improvements, including of the construction of approximately 1730 -ft of new 8" water main along the south side of Bet Street from the west side of the CSX railroad extending east across US 17 -92 connecting to an existing 10" water main and extending south along Made Ave. from &.St. to 11th St. The Included approximately, 116 LF of new 4" force main on 8 Street from the west slde of the CSX railroad east connecting to an existing manhole, Including jack and bore crossings of US 17 -92 and CSX railroad R/W and directional bore street crossings. All of the Improvements and other appurtenances are for the certain Project known as US 17 -92 CRA W. 7U' St. Water Main and Sewer Line Extension (IFB No. 12/13 -221, and WHEREAS, the aforesaid Improvements were made pursuant to an Agreement dated _ January 14th 2014 and filed with the Purchasing Office of OWNER; and WHEREAS, the Contractor warrants and guarantees to the OWNER that all work, labor, materials, equipment and services furnished and performed has been done in a goad and workmanlike manner and is of the highest quality, free from defects; and WHEREAS, Contractor is obligated to protect the OWNER against any defects resulting from faulty Materials or Workmanship of said improvements and to maintain said improvements for a period of two (2) years from the date of Final Completion under the Contract Documents, which Is June 24, 2014 NOW THEREFORE, the conditions of this obligation is such that if Contractor shall promptly and faithfully protect the OWNER against any Defects resulting from faulty Materials and Workmanship of the aforesaid improvements and maintain said improvements for a period of two (2) years from the date of Final completion, then this obligation shall be null and void, otherwise it shall remain in full force and effect. The OWNER shall notify the Contractor in writing of any Defect for which the Contractor Is responsible and shall specify In said notice a reasonable period of time within which Contractor shall have to correct said Defect. US 17.92 CRA W. 71b St. Water Main and Sewer Lino Extension MATERIAL AND WORKMANSHIP BOND specue09ua9 00615 -1 The Surety unconditionally covenants and agrees that if the Contractor fails to perform, within the time specified, the Surety, upon thirty (30) days written notice from OWNER, or its authorized agent or officer, of the failure to perform will correct such Defect or Defects and pay the cost thereof, including, but not limited to engineering, legal and contingent costs. Should the Surety fail or refuse to correct said Defects, the OWNER, in view of the public Interest, health, safety, welfare and factors involved, shall have the right to resort to any and all legal remedies against the Contractor and Surety and either, both at law and in equity, including specifically, specific performance to which the Contractor and Surety unconditionally agree. The Contractor and Surety further Jointly and severally agree that the OWNER at its option, shall have the right to correct said Defects resulting from faulty Materials or Workmanship, or, pursuant to public advertisement and receipt of Bids, cause to be corrected any Defects or said Defects in case the Contractor shall fall or refuse to do so, and in the event the OWNER should exercise and give effect to such right, the Contractor and the Surety shall Jointly and severally hereunder reimburse the OWNER the total cost thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages either direct or consequent which may be*sustained on account of the failure of the Contractor to correct said defects. IN WITNESS WHEREOF, this instrument is executed this the 31st day of July 2014 CONTRACTOR SicinatonLAuthority Thadcon, LLC / ,,. ATTEST: Contrac - gna(ory Authe Ity Secretary C ntra r) 88 Vad 1 ) T . Si emore, III A ileen B. Chaffee ng ember Typed Name ed a d Title 503 North Street (CORPORATE SEAL) Address Daytona Beach, FL 32114 -2615 City, State, Zip _(386) 253 -3963 (386) 257 -9676 (Witness to Contractor) U Telephone No. Facsimile No. Deborah Hanley Typed Name ATTEST. ^� Q12,-4 Westfield Insurance Company ( rely) Secretary` ---& L. Reich Surety US 17 -92 CRA W. 7'" St. Water Main and Sewer Line Extension MATERIAL AND WORKMANSh.. 00616.2 sP=B"jW9 Don Bramlage Typed Name (CORPORATE SEAL) Witness as to Surety Anita Navarra Typed Name Witness as to Surety Typed Name (386) 898 -0507 Telephone No. Attorney -in Don Bramlage Typed Name P.O. Box 5001 Address 898 -0510 Westfield Center, OH 44251 -5001 City, State, Zip (330) 887 -0101 (330) 887 -0840 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 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 US 17 -92 CRA W. 7h St. Water Main and Sewer tine Extension MATERIAL. AND WORKMANSHIP BOND 00615.3 SPECLtMIN9 0