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1711 Central Fl Environmental Performance Bond Fd c� Nielson, Mosholder& Associates A member of Nielson&Company, Inc. 4380 St. Johns Pkwy, Ste. 110, Sanford, Florida 32771 (407) 330-3990 1 PUBLIC WORKS BOND In compliance with Florida Statutes 255.05(1)(a) d PERFORMANCE BOND BOND NO: 1433 0 Contractor Name: Central Florida Environmental Corporation Address: 910 Belle Ave #1040 0 Winter Springs,FL 32708 'b Phone No: 407-834-6115 Surety Company: United States Fire Insurance Company Surety Address: 305 Madison Avenue d Morristown NJ 07962 Surety Phone No: 973-490-6600 " n Owner Name: City of Sanford 0 7 Address: 300 N. Park Ave Sanford, FL 32771 Phone No: 407-688-5000 ° c. w Obligee Name: °o (if different for property owner) Z Obligee Address: Obligee Phone No: Project Name: East Lake Mary Blvd. Reclaimed Water Main, Sanford, Florida c� Project Location: Seminole County,Florida 0 Legal Description: East Lake Mary Blvd. Reclaimed Water Main, Sanford, Seminole a County Florida w N V r. cc N W FILE PLUM 2016010024'. _ t`f..'..•S fit'..�_'1i'c'4� `—�—i'-: JkiLL{.j ._......_..._..-A .....i._._.. ' ^ Bond No. : 1433 SECTION 00605 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that Central Florida Environmental Corporation (Name of CONTRACTOR) 910 Belle Avenue, Suite 1040, Winter Springs, Florida 32708 407-834-6115 (Address of CONTRACTOR) (Phone No. of CONTRACTOR) a Corporation hereinafter called (Corporation, Partnership or Individual) CONTRACTOR, and United U i� d States Fire Insurance Company (Name of SURETY) 305 Madison Avenue, Morristown, 0J 07962 973-490-6600 (Address of SURETY) (Phone No. of SURETY) hereinafter called SURETY, are held and firmly bound unto: the City of Sanford, the {}VVNER, whose address is 300 North Pork Avenue, S8nford, Florida 32771' ' in the full and just Sum of Seven hundred sevenly-eight thousand nine hundred sixteen and 85/100 DOLLARS ($778,916.85) 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 THUS OBLIGATION is such that whereas, the CONTRACTOR entered into a certain Agreement (including all associated contract documents and as the A q_reement maybe amended from ti e ime\with the OWNER, dated th day of copy of which may be hereto ottached, 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 Aonaannent being entered generally for the construction of: East Lake Mary Blvd. Reclaimed Water Main Extension IFB No. 14/15-06 (Name of Project) (Contract No.) The Project is briefly described as: The construction of approximately 8.3204t of new 12'' reclaimed- water main along the south side of East Lake Mary Boulevard from the east aide of East Lake Mary Blvd.Reclaimed Water Main Extension PERFORMANCE BOND 00605~1 ` Cameron Avenue to Brisson Avenue. The majority of the proposed construction consists of horizontal directional drilling of the proposed 12" reclaimed water main. 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 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 East Lake Mary Blvd.Reclaimed Water Main Extension PERFORMANCE BOND 00605-2 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. East lake Mary Blvd.Reclaimed Water Main Extension PERFORMANCE BOND 00605-3 IN WITNESS WHEREOF, this instrument is executed this the /,7, day of dlsP ATTEST. CONTRACTOR Central Florida Environmental Corporation ,, ,, CONTRA TOR 0j ek��e CONTRACTOR Attesting Authority By: CONTRA Si natory Authority David Stalowy- President Typed Name Typed Name and Title 910 Belle Avenue Suite 1040 (CORPORATES AL) Address Winter Springs, Florida 32708 (Witness to r,,MNT CTOR) City, State, Zip VV �kln�� tip . lr 407-834-6115 407-834-6391 Typed Name Telephone No. Facsimile No. ATTEST. SURETY See attached power of attorney United States Fire Insurance Company (SURETY) Secretary SURETY 973-490-6600 973-490 7.6612 Typed Name Telephone No. Facsimile No. _.. -—_ (CO PORATE SEAL) By: Witness to SURETY Atto ney-in-7Fact Kelly Phelan Laura D. Mosholder, Attorheyy�in Fact & ": Typed Name Typed Name Florida Resident' & 'j <ar�{,.`'; cc G 4380 St. Johns Parkway, Suite 110 QVitness as to SUIDITI Y Address Natalie Demers Sanford, FL 32771 Typed Name City, State, Zip 407-330-3990 407-330-3949 Telephone No. Facsimile No. East Lake Mary Blvd.Reclaimed Water Main Extension PERFORMANCE BOND 00605-4 ' NOTE: Date of the Bond must not be prior to data of Agreement. If CONTRACTOR is e kjoint venture, all venturers ahmU execute the Bond. If CONTRACTOR is partnerohip, all partners shall execute the Bond. The 8URETY'e obligations run aoho 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 byOWNER. ATTACH o certified Power-of-Attorney appointing individual /\ttorney-in-Fect for execution of Bond on behalf ofSURETY. END OF SECTION East Lake Mary Blvd.Reclaimed Water Main Extension PERFORMANCE BOND 00605~5 Nielson, Mosholder& Associates A member of Nielson&Company, Inc. 4380 St. Johns Pkwy, Ste. 110, Sanford, Florida 32771 (407) 330-3990 PUBLIC WORKS BOND In compliance with Florida Statutes 255.05(1)(a) PAYMENT BOND BOND NO: 1433 Contractor Name: Central Florida Environmental Corporation Address: 910 Belle Ave #1040 Winter Springs, FL 32708 Phone No: 407-834-6115 Surety Company: United States Fire Insurance Company Surety Address: 305 Madison Avenue Morristown NJ 07962 Surety Phone No: 973-490-6600 Owner Name: City of Sanford Address: 300 N. Park Ave Sanford, FL 32771 Phone No: 407-688-5000 Obligee Name: (if different for property owner) Obligee Address: Obligee Phone No: Project Name: East Lake Mary Blvd. Reclaimed Water Main, Sanford,Florida Project Location: Seminole County,Florida Legal Description: East Lake Mary Blvd. Reclaimed Water Main„ Sanford, Seminole County Florida . ' , Bond mo. : 1433 SECTION 00610 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Central Florida Environmental Corporation (Name of CONTRACTOR) 910 Belle Avenue, Suite 1040, Winter Springs, Florida 32708 407-834-6115 (Address of CONTRACTOR) (Phone No. of CONTRACTOR) m Corporation hereinafter called (Corporation, Partnership or Individual) CONTRACTOR, and United States Fire Insurance Company (Name of SURETY) 305 Madison Avenue, Morristown, NJ 07962 973-490-6600 (Address of SURETY) (Phone No. of SURETY) hereinafter called SURETY, are held and firmly bound unto: the City of Sanford, the (]VVNEF|, whose address is 300 North Park Avenue, Smnfond, Florida 32771; in the full and just Sum of Seven hundred seventy-eight thousand nine hundred sixteen and 85/100 DOLLARS ($778,916.85) 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 certain Agreement (including all associated contract documents relating e eto and as the be d dfronnb -to-time)xviththeC]VVNEFt. dated the day of copy of which may be hereto aUochad, bVt, in ony- -g't, imrnarntained in the reoondg/of the OWNER, said Agreement being hereby made e part hereof by this reference thereto as if fully set forth herein verbatim, said Agreement being entered generally for the construction of: East Lake Mary Blvd. Reclaimed Water Main Extension IFB No. 14/15-06 (Name of Project) (Contract No.) The Project is briefly described em: The construction of approximately 8'3204t of new 12" reclaimed water main along the south side of East Lake Mary Boulevard from the east aide of East Lake Mary Blvd.Reclaimed Water Main Extension PAYMENT BOND 00610-1 Cameron Avenue to Brisson Avenue. The majority of the proposed construction consists of horizontal directional drilling of the proposed 12" reclaimed water main. 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 furnish 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 the Agreement entered into by OWNER and CONTRACTOR without the SURETY's knowledge or consent (ii) waivers of compliance with or nay default East Lake Mary Blvd.Reclaimed Water Main Extension PAYMENT BOND 00610-2 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 47- day of '�-1.4 _ 2 ATTEST.- CONTRACTOR Central Florida Environmental Corporation CONTR CT OR CONTRACTOR Attesting Authority By: CONTRACTOR Signatory Authority G'�ir•'s>L��a r'Lo�- David Stalowy- President Typed Name Typed Name and Title 910 Belle Avenue Suite 1040 (,CORPORATES AL) Address Winter Springs, Florida 32708 (Witness to ON ACTOR) City, State, Zip 407-834-6115 407-834-6391 Typed Name Telephone No. Facsimile No. East Lake Mary Blvd. Reclaimed Water Main Extension PAYMENT BOND 00610-3 ATTEST.- SURETY See attached power of attorney United States Fire Insurance Company (SURETY) Secretary SURETY 973-490-6600 973-490-6612 Typed Name Telephone No. Facsimile No. (CORPORATE SEAL) - " { , c CO f '7 Witness as to SURETY AtForne in=Fact } v Kelly Phelan Laura D. Mosholder, Attorney J-A-tact,' Typed Name Typed Name Florida Resident 'Age 'tr'"'. ,.•'.� 4380 St. Johns Parkway, Suite 110" -tness as to suRyW Address Natalie Demers Sanford, FL 32771 Typed Name City, State, Zip 407-330-3990 407-330-3949 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. 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 East Lake Mary Blvd.Reclaimed Water Main Extension PAYMENT BOND 00610-4 \ \ \ \ 't1�R?ITC3tEY ` v. UNI INCE COMPANY \ PRII\TCIPAL OFFI E-MORRISTOWN,NEW JERSEY KNOW ALL MEN BY THESE�ENTS ��t�7nitedStates Fire Insurance Company,a c�a�or�txon duly organized and existing under the laws�rf�he v ,vv state of Delawares has made,'constitiif6il and'appoYnted,and does hereby make,constitute and app+in�� "to A M-\ v�� Laura f� tfnahn(d , i�t+tRrc,lVh Clark, Stan Oliver v v v vv� �. each,its true and lawful ttozney(s)InvFactswztbjuli power and authority hereby conferrerktn itsname„friars and stead,to execute,acknowledge and deliver Any and all bonds and iipperttakt s f surety and other documents that the ordinary abet e of ugety bast less may require,and to bind United Mates Foe` Insurance Company the if fuI] ant{to ifie orris bxtent as if such bonds or undertakings hadleen�u executed and acknowledged by the regalarly elected officers of United States Fire Insurance Cotirp'any at its principal office,in amounts cir'penri]68`uot eiceeding: Seven Million,Five Hundred Thousand,, Dollard t� his ower o ,&fioy limits the'act of those named theke to,the bonds apd in' trtakings specifically named thereut�and th�Y hltve no suthririty to bind 10 cc Company except in the marmer`and to the'&tent6 berein stated. This Power of Attorney raw okes all previous"Po 6ji .,r if Attorney issued on behalf of the�ttoivie�s Iii I<as�r atne�above and expires on January 1,2U16> This Power of Attorney ig��&pursua t+r rticle TV of the By-Laws of United States Fre`InsuYan u`rnpany as now in full force and effect, autfi,`, consistent with Article Ili thereof,which Articles provide in pertinent part v v vv A l W Execution of Instruments-Eaceept as t ze Board of l rrccti rtt °authorize by resolution,the Charrtztan o£the Bq Pr srdetat, y Vice-president,any Assistant Vice Presidcnt,,the ecretaty„car any Assistant Secretary shall have power on behalf of the Corporation.` (a) to execute,a x the cetrpotate deal manually or by facsimile to,acknowledge\4erify and delay r any contracts,obligations,instruments and documents w4lt 1, eveLr`in connc tt #h its business including,without i rang` e�re�pmg and bonds,guarantees,andertakmgs, recognizances,powers of fey ar revocations of any powers of attorney,si*atitins\polioins af-,insurance,deeds, leases,mortgages, releases satisfactions and agency agreements; \ \ b to appoint; n writing,one or more persons for any or all a r t purpo es xtientioned in the preceding paragraph Ia) tncludtng a£fixtng the of t1te;COrporation. Article III, Officers Section 31 I`Facstttu�e Signatures. The signature of any:officer authorized by the Corporation to sign any bonds-,\ guarantees,unde WZngs,r co zaucea st lations,powers of attorney or reva aWnsvof any power ofhttorney and policies of insurance issued by the Corporation zity be rntad,,facsimile,lithograplied or otherwise`prbduceda In additor#;if'and as authorized by the Board of > Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile `v t at e;�vsignatures, lithographed or otherwise rodttced, dI sum z ref o officers of the Corporation as frcr i time to i s may be autbo d to sign such instruments'on behalf of# e;Co ration vhCo oration ma continue to use liar the sea herein state alas v vv v�'? h , y Y P . R fa'imile' nature of any person ar persons who shad have begin Built#i it r or officers o£the Corporation;not vitlistai tng:ihe met#at'he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREtJF, lnrted Slates' tre Irt ance Company has caused these present"to he signed acid attested by its appropriate officer:and its corporate seal hereunto affixed tluuStti day ctTAittist,2015. "•° UNITED STATES FIRE INSt RAI CE COMPANY A e vcti. v\ v� \ ` \v sp Anthony R SIimowicz,Senior Xice President State of New Jersey} • v` v v v v 4 County of Morris ,� \ \\ \ Qn this, da of August'2015 before me,a Notary public of the Stag of New J espy,carne the above named officer of Upited States Fire Insurance Company,to ;��v ,vv�.& �oln°rii tx�be the%ndividual and officer desrid iiivaszc`akni2edged that he executed the foregmng mstrumt and ad the seal of vmtd Siptestr Insurance Company thereto by the authoitbf his office f SONIA$CALA 't- ` tAT 2YvPBBi�3CtIFivE IERSEY Sonia Scala\,, �` v ` � (Notary Public) v iV M sS I}T+I XR4 3/L5I2019 \` •.,, .,,,, v v� v I;the undersigned officer of United Mates; 9,Insurance Company,a Delaware,corporation,do hereby cerdfyy that the original Power of Attorney of wuich the svregntsttilj�iru and correcxoliy s ti 1't, aid effect and bas mt#becnrevoked. v 41tN ICI S �' EIOF,Ia} ereunta�t rst , }c�gtt �ec ttze cirroate seal o£United States Fire Insurance Catnpany tin tote day pf 20 . U ITED STATES FIRE INSURANCE COM ANY t 8v a • , \ * R •+{ ••.,........ {$ AI\Wright Senior Vice President v, All vFt 'IFti ` �� �`