1709 Skyline Elevator Performance Bondbond No. 1472613
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KNOW ALL MEN BY THESE PRESENTS: that
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Skyline Elevator, Inc. d
(Name of CONTRACTOR) c'
11306 Bay Lake Road, Groveland, FL 34736 (352) 429 -7688
(Address of CONTRACTOR)
a Corporation , hereinafter called
(Corporation, Partnership or Individual) g
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Principal, and Westfield Insurance Company
(Name of Surety)
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P.O. Box 5001, Westfield Center, OH 44251 -5001 (800) 430 -1386 �?
(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 One Hundred Sixteen Thousand Seven Hundred And No /100ths
DOLLARS ($ 116,700.00 ) 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 percent (100 %) of the Contract Price.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
certain Agreement with the OWNER, dated the 7th day of May 2015
a copy of which is hereto attached and made a part hereof for the construction of the
project identified by the footnote on this page.
This bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes
and the Agreement referenced above, as the same may be amended.
The Surety shall be bound by any and all alternative dispute resolution awards and settlements
to the same extent as CONi -RAG Old is bound.
NOW, THEREFORE, the condition of this obligation is such that if Principal:
Promptly and faithfully performs its duties, all the covenants, terms, conditions,
and agreements of said Agreement including, but not limited to the insurance
provisions, guaranty period and the warranty provisions, in the time and manner
prescribed in the Agreement, and
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
Obligee: City of Sanford, Florida
Hydraulic Elevator Modernization 300 North Park Avenue, Sanford, FL 32771 -1244
IFB 13/14 -30 (407) 668 -5000
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PERFORMANCE BOND
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 obiitgatiol is
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.
Any changes in or under the Agreement and Contract Documents and compliance or
Hydraulic Elevator Modernization
IFB 13/14 -30
PERFORMANCE BOND
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 2701 day of May
2015
F—ATIMUNI
Secretary (Principal)
Typed Name
(CORPORATE SEAL)
(Witness to Principal) `�-- --
Typed Name
ATTEST:
N/A
(Surety) Secretary
Typed Name
Hydraulic Elevator Modernization
IFB 13/14 -30
Skyline Elevator, Inc.
Principal //(Contractor)
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By (Signature) -
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Typed Name and Title
11306 Bay Lake Road
Address
Groveland, FL 34736
City, State, Zip
(352) 429 -7688
Telephone No. Facsimiie No.
Westfield Insurance Company
Surety
(800) 430 -1386
Telephone No. Facsimile No.
(CORPORATE SEAL)
Wiffiess as to Surety
Christine Morton
Typed Nam
Witness as to Suret
Neal Ungar
Typed Name
o & Florida icensed
Resident Agent
April L. Lively
Typed Name
1904 Boothe Circle
Address
Longwood, FL 32750
City, State, Zip
(407) 834 -0022 (407) 260 -1767
Telephone No. Facsimile No.
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all ventures' 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
Hydraulic Elevator Modernization
IFB 13/14 -30
Bond No. 1472613
00610 -1
KNOW ALL MEN BY THESE PRESENTS: that
Skyline Elevator, Inc.
(Name of CONTRACTOR)
11306 Bay Lake Road, Groveland, FL 34736 (352) 429 -7688
(Address of CONTRACTOR)
a Corporation hereinafter called
(Corporation, Partnership or Individual)
Principal, and Westfield Insurance Company
(Name of Surety)
P. O. Box 5001, Westfield Center, OH 44251 -5001 (800) 430 -1386
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto City of Sanford, Florida hereinafter
called OWNER, in the full and just Sum of One Hundred Sixteen Thousand Seven Hundred And No /100ths
DOLLARS ($ 116,700.00 ) 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 such that whereas, the Principal entered into a
certain Agreement with the OWNER, dated the 7th day of May 2015
a copy of which is hereto attached and made a part hereof for the construction of the
project identified by the footnote on this page.
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
supplies shall, within forty -five (45) days after beginning to furnish labor,
Obligee: City of Sanford, Florida
Hydraulic Elevator Modernization 300 North Park Avenue, Sanford, FL 32771 -1244
IFB 13/14 -30 (407) 668 -5000
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) and 255.05(10), Florida Statutes.
00610 -02
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 27th day of May
2015
ATTEST:
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Secretary (Principal)
Typed Name
Hydraulic Elevator Modernization
11713 13/14 -30
Skyline Elevator, Inc.
Principal (Contractor) /
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By (Sign'ature)
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Typed Name and Title
00610 -03
(CORPORATE SEAL)
(Witness to Principal)
Typed Name
ATTEST:
N/A
(Surety) Secretary
Typed Name
(CORPORATE SEAL)
Witness as to Surety
Christine Morton
Typed Name,'
Witness as to Surety
Neal Ungar
Typed Name
11306 Bay Lake Road
Address
Groveland, FL 34736
City, State, Zip
(352) 429 -7688
Telephone No. Facsimile No.
Westfield Insurance Company
Surety
(800) 430 -1386
Teleph e No. fidc'si,mile No.
/Att ey -in -Fact & Florida Licensed
Resident Agent
April L. Lively
Typed Name
1904 Boothe Circle
Address
Longwood, FL 32750
City, State, Zip
(407) 834 -0022 (407) 260 -1767
Telephone No. Facsimile No.
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all ventures' 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
Hydraulic Elevator Modernization
IFB 13/14 -30
POWEN # AND ISSUED PRIOR TO 04128115, FOR ANY PERSON OR PERSONS NAMED BELOW,
General POWER NO. 0991862 02
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
CERTIFIED COPY Ohio Farmers Insurance Co.
Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a 'Company" and collectively as "Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
JACK W. GUIGNARD, BRYCE R. GUIGNARD, PAUL J. CIAMBRIELLO, APRIL L. LIVELY, JENNIFER L. MCCARTA, MARGIE
LYNN MORRIS, DEBORAH ANN TRITT, JOINTLY OR SEVERALLY
of LONGWOOD and State of FL its true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - .
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in -Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
"Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and is hereby vested with `dl power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney-In-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary."
'Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeting
held on February 8, 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto
affixed this 28th day of APRIL A.D., 2015 .
Corporate +��gUtt,(�O '. tiONA1 ,n;'., jS " WESTFIELD INSURANCE COMPANY
#ro •.. •4, 4 rc-°. !.• WESTFIELD NATIONAL INSURANCE COMPANY
Affixed �,v, .+ Zt1i►TE +•y.<" OHIO FARMERS INSURANCE COMPANY
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1848
BY
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State of Ohio " " " "•..'" "' " "' Dennis P. Baus, National Surety Leader and
County of Medina ss.: Senior Executive
On this 28th day of APRIL A.D., 2015 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did
depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which
executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that
they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order.
Notarial '
Seal �r t A L s,
Affixed
David A. Kotnik, Attorney at Law, Notary Public
State of Ohio .tp :? J0 My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
County of Medina ss.:
Qrr` of °
I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 27th day of
May r ":,', X015
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Frank A. Carrino, Secretary
BPOAC2 (combiiiied) (06 -02)
SECTION 00530
NOTICE TO PROCEED FORM
TO: Skyline Elevator Inc
113O8 Bay Lane Road
Grove|ond.FL34738
Notice to Proceed Date: June 18, 2015
PROJECT: |FB13V14-3O Hydraulic Elevator Modernization
You are hereby notified to commence WORK in accordance with the Agreement dated June 4,
~~
ia Notice outhonze' a the CONTRACTOR to commence construction on the Notice to
Proceed date indicated above' and in accordance with the Agreement; all vvod« ohoU be
substantially complete within 120 calendar days of the date of this Notice to Proceed.
Therafore, the date of substantial completion is The date of final
completion is December 16, 20 5
By (OwneP�Sig nature)
Tom George, Deputy City Manager
(Printed Name and Title)
ACCEPTANCE OF NOTICE
Receipt and acceptance of the above NOTICE TO PROCEED is hereby acknowledged by
Eli-
By
Printed Name and Title
END OF SECTION
Hydraulic Elevator Modernization
|FB13K14-3OR