Jordan Brothers Construction LLC Perf Bond I I I fill 111111111111111111111111111111111
11rtR'F'ANNE NORSE, SBINOLE COUNTY
'IRK OF C;IRC:LjIT COURT & C�3i°KROLLER
Bond No. 106478544 ;L= 37:J:� F`3sr1~ 71 (1 J.F` s?
CLERK'S x `016076668
RECORDED 07,:25,:=201 11:07.055 a°0
PERFORMANCE BOND {1:UCORDINI; F"EES d.0u.„_,
(100% of Contract Price) RECORDED By hdevQr:-
KNOW ALL MEN BY THESE PRESENTS that:
N
Jordan Brothers Construction, LLC
r`
(Name of CONTRACTOR)
r`
M 7575 Kingspointe Parkway, Suite 7, Orlando, Florida 32819
(Address of CONTRACTOR)
ow CONTRACTOR's Telephone Number: 407-226-8840
U, a Florida Limited Liability Company
C (Corporation, Partnership, or Individual)
dhereinafter called "Principal", and Travelers Casualty and Surety Company of America
x (Name of Surety)
1715 N. Westshore Blvd., Suite 920, Tampa, Florida 33607
Z (Address of Surety)
0
0
M
Surety's Telephone Number: 813-282-1938
0
hereinafter called "Surety", are held and firmly bound unto CITY OF SANFORD, 300 N. Park
Cz
Ave, Sanford, Florida 32771, hereinafter called "CITY", in the sum of Two million five hundred
a twenty thousand four hundred six and 26/100 DOLLARS ($2,520,406.26) in lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves,
U 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.
a�
Q
CITY's telephone number is (407) 688-5028. THE CONDITION OF THIS OBLIGA7,1 .N is such
.E that whereas, the P incl al entered into a certain Agreement with CITY, dated
day of , 20 /42 a copy of which is hereto attached
and made a pa ereof or he e construction of: Historic Goldsboro Blvd. Phase 2 (IFB No.
15/16-18).
0
The Project is located (Provide Legal Description. If in R/W, provide address or general
location): Along Historic Goldsboro Blvd. from Persimmon Ave. to William Clark Ave. Sanford
Florida.
0
General description of the Work: The CONTRACTOR is responsible for all labor, materials,
equipment, coordination, and incidentals necessary for streetscape improvements along
approximately 3,800-ft of Historic Goldsboro Blvd. from Persimmon Ave. to William Clark Ave.
The Work includes milling and resurfacing the existing asphalt street, modifying on-street
parking by installing brick pavers at the parking areas, new driveway aprons, new sidewalk,
concrete pavers, planters, hardscape furnishings, landscaping, irrigation and street lighting.
a.
;>1 Historic Goldsboro Blvd. Phase 2(IFB 15/16-18) PERFORMANCE BOND
(100%of Contract Price)
Page 1 of 5
a
The Work also includes approximately 1750-ft of new storm sewer (18"-24") including new
inlets, manholes, and baffle box and relocating over 4000-ft of existing 4"-10" water main with
new 10" water main, fire hydrants, and new water service lines.
This Performance Bond is being entered into to satisfy the requirements of Section 255.05,
Florida Statues, and the Agreement referenced above, as the same may be amended.
NOW, THEREFORE, the condition of this obligation is such that if Principal:
1. Promptly and faithfully performs its duties, all the covenants, terms,
conditions, and agreements of said Agreement including, but not limited, to the
guaranty period and the warranty provisions, in the time and manner prescribed
in the Agreement; and
2. Pays CITY all liquidated damages, losses, damages, delay damages,
expenses, costs, and attorneys' fees, including costs and attorneys fees on
appeal that CITY sustains resulting from any breach or default by Principal under
the Agreement
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, except that the coverage of the Performance Bond is limited to one
hundred percent(100%) of the Contract Price.
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 CITY for all such
direct loss or damage (including reasonable attorneys' fees and costs and attorneys' fees and
costs on appeal) resulting from any failure to perform, up to one hundred percent (100%) of the
Contract Price and for indirect damages as determined by CITY up to an additional twenty
percent(20%) over the adjusted Contract Price.
In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the
Surety shall also indemnify and hold CITY harmless from any and all loss, damage, cost, and
expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings,
resulting from the Surety's failure to fulfill its obligations hereunder up to one hundred percent
(100%) of the Contract Price.
The Surety stipulates and agrees that its obligation is to perform the Principal's work under the
Agreement under this Performance Bond. The following preventative options by the Surety are
encouraged; however, preventative options shall not be considered under this Performance
Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the Contract
Documents; and (ii) Surety's offers to CITY to buy back this Performance Bond. The Surety
agrees that its obligation under this Performance 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 adjusted Principal's Contract Price; or (ii) re-bid and re-let the Principal's work to a
Historic Goldsboro Blvd. Phase 2(IFB 15/16-18) PERFORMANCE BOND
(100%of Contract Price)
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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 CITY.
The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall
be direct and immediate and not conditional or contingent upon CITY's pursuit of its remedies
against Principal; however, such obligation shall only arise upon a declaration of default of the
Principal and shall remain in full force and effect notwithstanding (i) amendments or
modifications to the Agreement entered into by CITY and Principal without Surety's knowledge
or consent; and (ii) the discharge of Principal 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 limitations of the liability of Principal or its estate as a result of any such proceeding.
Any changes in or under the Agreement and Contract Documents and compliance or non-
compliance with any formalities connected with the Agreement or the changes therein shall not
affect Surety's obligations under this Performance Bond and Surety hereby waives notice of any
such changes. However, in the event Change Orders (unilateral or directive change orders and
bilateral change orders) or other modifications to the Agreement and Contract Documents are
executed exceeding one hundred percent (100%) of the Contract Price, the Surety shall be
notified by CITY of such increased by CITY, and the Principal shall be required to increase the
sum of this Performance Bond to be commensurate with the increased Contract Price.
The Surety's liability to CITY shall not be reduced should CITY directly purchase for the purpose
for Sales Tax Recovery certain components and materials to be utilized in the work done by the
Principal pursuant to his obligations under the Agreement. Specifically, the Surety shall remain
fully liable and bound to CITY for the full compliance with the Contract Documents and full
performance and function and all warranties of all components and materials, notwithstanding
the fact that CITY may issue deductive Change Orders and directly purchase such items.
This Performance Bond and the Payment Bond and the covered amounts of each are separate
and distinct from each other.
This Performance Bond is intended to comply with the requirements of Section 255.05, Florida
Statutes, as amended, and additionally, to provide contract rights more expansive than as
required by statute.
Historic Goldsboro Blvd. Phase 2(IFB 15/16-18) PERFORMANCE BOND
(100%of Contract Price)
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IN WITNESS WHEREOF, this instrument is executed this day of Lig
20 1 �
ATTEST.- PRINCIPAL/CONTRACTOR
Jordan Brothers Construction LLC
PRINCI
77L L-1-CONTRACTOR
faSecretary By: CONT11CAWR Signatory Authority
Thomas Jordan, Mqr. Member/ President
fecretary Typed Name and Title
7575 Kingspointe Parkway, Suite 7
d t�`� R13RA`fE SEAL) Address
�^A
' fh Orlando, Florida 32819
.(,1Nit.', , "o CONTRACTOR) City, State, Zip
407-226-8840 407-248-8124
Typed Name Telephone No. Facsimile No.
(Witness to CONTRACTOR)
, \��A'
Typed Name
(Surety Signature Page Follows)
Historic Goldsboro Blvd. Phase 2(IFB 15/16-18) PERFORMANCE BOND
(100%of Contract Price)
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ATTEST.• SURETY
3A�ft� Travelers Ca6ualtv and Surety Co. of America
(SURETY) Secretary SURETY
Anita Waters,,,Account Manager By:
Typed'6 F1rir;46d Name
ry�
�G r� James N. Congelio
Nk
Typed or Printed Name
q�yy.pp a.
Attorney-In-Fact
u Title
Witne s as to SURETY
Melissa Beckworth,Account Manager 1715 N. Westshore Blvd., Suite 920
Typed or Printed Name Address
) l 93 Tampa, Florida 33607
Witness as to SURETY City, State, Zip
Jennifer Oliveira,Account Manager 813-282-1938 813-282-1940
Typed or Printed Name Telephone No. Facsimile No.
NOTE: Date of this Performance Bond must not be prior to date of the Agreement. If
CONTRACTOR is a joint venture, all ventures shall execute this Performance Bond. If
CONTRACTOR is a Partnership, all partners shall execute this Performance 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 CITY.
All bonds shall be originals and issued or countersigned by a local producing agent who is
authorized to operate in the State of Florida. Attorneys-in-fact who sign Bid Bonds or
Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to
sign such Bond. Agents of surety companies must list their name, address, and telephone
number on all Bonds.
Historic Goldsboro Blvd. Phase 2(IFB 15/16-18) PERFORMANCE BOND
(100%of Contract Price)
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