1913 Stage Door II Performance Bond: 775,020To: City Clerk
RE: Request for Services
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑ Development Order
❑ Final Plat (original mylars)
❑ Letter of Credit
❑ Maintenance Bond
❑ Ordinance
❑ Payment and Performance Bond
❑ Resolution
® IFB 16/17-09 Oak Avenue Streetscape
Once completed, please:
❑ Return originals
❑ Return copy
1-1
Special Instructions:
Attached copy is for City Clerk records
Thank you!
r
From
TADept_forms\City Clerk Transmittal Memo - 2009.doc
❑ City Mayor's Signature
® City Clerk Record Keeping
❑ Safe Keeping
❑ City Attorney's Signature
❑ City Clerk's Signature
SECTION 00605
PERFORMANCE BOND
(100% of Contract Price)
Bond No. FLC84333
KNOW ALL MEN BY THESE PRESENTS that:
Stage Door I1, Inc.
(Name of CONTRACTOR)
3050 Dee Street Apopka, FL 32703
(Address of CONTRACTOR)
CONTRACTOR's Telephone Number: - 407-578-2918
a Corporation
(Corporation, Partnership, or Individual)
hereinafter called "Principal", and _ Merchants Bonding Company
(Name of Surety)
6700 Westown Parkway West Des Moines, Iowa 50266
(Address of Surety)
Surety's Telephone Number: - 800-678-8171
hereinafter called "Surety", are held and firmly bound unto CITY OF SANFORD, 300 N. Park
Ave, Sanford, Florida 32771, hereinafter called "CITY", in the sum of _
Seven Hundred Seventy Five Thousand Twenty and no/100 DOLLARS ($ 775 020.00 ) 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.
CITY's telephone number is (407) 688-5028. THE CONDITION OF THIS OBLIGATION is such
that whereas, the Principal entered into a certain Agreement with CITY, dated the'&o
day of 20JJ a copy of which is hereto attached
and made a part hereof for the construction of: Oak Avenue Streetscape (IFB No. 16/17-09).
The Project is located (Provide Legal Description. If in R/W, provide address or general
location): Along Oak Ave. from Third St. to First St., Sanford, Florida.
General description of the Work: The CONTRACTOR is responsible for all labor, materials,
equipment, coordination, and incidentals necessary for streetscape improvements along
approximately 600 -ft of Oak Ave. from Third St. to First St. 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.
Oak Avenue Streetscape PERFORMANCE BOND
(100% of Contract Price)
00605-1
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°/x) 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
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
Oak Avenue Streetscape PERFORMANCE BOND
(100% of Contract Price)
00605-2
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.
Oak Avenue Streetscape PERFORMANCE BOND
(100% of Contract Price)
00605-3
IN WITNESS WHEREOF, this instrument is executed this day of(\C)(,
,20 \S I
ATTEST.-
PRINCIPAL/CONTRACTOR
Stage Door II, Inc.
PRINCIPA NTROR
By: Secretary By: CONTRACTOR Signatory Authority
IV CA E QChMen h Peter Piacenti, Jr.- President
Typed Name of Secretary Typed Name and Title
(CORPORATE SEAL)
�
(Uo
(Witness to CONTRACTOR)
t'1v2n�xm 'Zlorul
Typed Name
(Witness to CONTRACTOR)
—F(4y"4\44�� 201�orAx"
Typed Name
Oak Avenue Streetscape
3050 Dee Street
Address
Apopka, Florida 32703
City, State, Zip
407-578-2918 407-578-2921
Telephone No
(Surety Signature Page Follows)
00605-4
Facsimile No.
PERFORMANCE BOND
(100% of Contract Price)
ATTEST. -
(SURETY) Secretary
Typed or Printed Name
K''A n �t A.; o ff,111
itness as t �5
URE
Marcie Hall
Typed or Printed Name
Witness as to SURETY
Kara Ruckert
Typed or Printed Name
SURETY
Merchants Bonding Company
SURETY
By:
Steve P Farmer
Typed or Printed Name
Attomev In Fact/Resident Aeent
Title
Brown & Brown of Florida, Inc.
Address
220 S. Ridgewood Ave Daytona Beach, FL 32114
City, State, Zip
386-239-5703 386-323-9197
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.
Oak Avenue Streetscape
END OF SECTION
00605-5
PERFORMANCE BOND
(100% of Contract Price)
SECTION 00610
PAYMENT BOND
(100% of Contract Price)
Bond No. FLC84333
KNOW ALL MEN BY THESE PRESENTS that:
Stage Door II, Inc.
(Name of CONTRACTOR)
3050 Dee Street Apopka, Florida 32703
(Address of CONTRACTOR)
CONTRACTOR's Telephone Number: _ 407-578-2918
a Corporation
(Corporation, Partnership, or Individual)
hereinafter called "Principal", and _ Merchants Bonding Company
(Name of Surety)
6700 Westown Parkway West Des Moines, Iowa 50266
(Address of Surety)
Surety's Telephone Number: _ 800-678-1871
hereinafter called "Surety", are held and firmly bound unto CITY OF SANFORD, 300 N. Park
Ave., Sanford, Florida 32771, hereinafter called "CITY", in the sum of
Seven Hundred Seventy Flee Thousand Tiventy and nol I O0 DOLLARS ($ 775 020.00 ) 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.
CITY's telephone number is (407) 688-5028. THE CONDITION OF THIS OBLIGATION is such
that whereas, the Principal entered into a certain Agreement with CITY, dated the ' day
of t'(,:vi , 2011a copy of which is hereto attached and made a part hereof for
the construction of: Oak Avenue Streetscape OFB No. 16/17-09).
The Project is located (Provide Legal Description. If in R/W, provide address or general
location): Along Oak Ave. from Third St. to First St., Sanford, Florida.
General description of the Work: The CONTRACTOR is responsible for all labor, materials,
equipment, coordination, and incidentals necessary for Streetscape improvements along
approximately 600 -ft of Oak Ave. from Third St. to First St. 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.
Oak Avenue Streetscape PAYMENT BOND
(100% of Contract Price)
00610-1
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 Payment Bond is furnished for the purpose of complying with the requirements of
Section 255.05, Florida Statutes, as same may be amended.
2. It is a specific condition of this Payment Bond that a claimant's right of action on this
Payment Bond is limited to the provisions of Section 255.05, Florida Statutes, including, but not
limited to, the one (1) year time limitation within which suits may be brought.
3. This Payment Bond is conditioned that CONTRACTOR shall promptly make payments
to all persons defined in Section 713.05, Florida Statutes, whose claims derive from the
prosecution of the work provided for in the Agreement.
Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR shall,
within forty-five (45) days after beginning to furnish labor, materials, or supplies for the
prosecution of the work, furnish CONTRACTOR with a notice that (s)he may look to this
Payment Bond for protection. A claimant who is not in privity with the CONTRACTOR and who
has not received payment for his/her labor, materials, supplies, or rental equipment within ninety
(90) days after final furnishing of the labor, services, materials, or equipment by claimant, deliver
to 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 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.
4. Any changes in or under the Agreement or 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 Payment Bond and Surety hereby waives notice of any
such changes. Further, Principal and Surety acknowledge that the sum of this Payment Bond
shall increase or decrease in accordance with the Change Orders (unilateral or directive change
orders and bilateral change orders) or other modifications to the Agreement or Contract
Documents. This Payment Bond shall not cover any components or materials directly
purchased and paid for by CITY pursuant to Sales Tax Recovery.
5. The Performance Bond and this Payment Bond and the covered amounts of each are
separate and distinct from each other. This Payment Bond shall be construed as a statutory
Payment Bond under Section 255.05, Florida Statutes, and not as a common law bond.
Oak Avenue Streetscape PAYMENT BOND
(100% of Contract Price)
00610-2
IN WITNESS WHEREOF, this instrument is executed this day of
,20 x
ATTEST.'
By: Secretary
Ty ep d Name of Secretary
ORPORATE SEAL)
(Witn s to CONTRACT )
ULTWOMg
Typed Name
(Witness to CONTRACTOR)
Typed Name
Oak Avenue Streetscape
PRINCIPAL/CONTRACTOR
Stage Door II, Inc.
PRINCIPAL NTRA R
By: CONTRACTO Signatory Authority f
Peter Piacenti, Jr. - President
Typed Name and Title
3050 Dee Street
Address
Apopka, Florida 32703
City, State, Zip
407-578-2918 407-578-2921
Telephone No
(Surety Signature Page Follows)
00610-3
Facsimile No.
PAYMENT BOND
(100% of Contract Price)
ATTEST. -
(SURETY) Secretary
Typed or Printed Name
Witness a SURETY
Margie Hall
Ty ed or Printed Name
Ca V ( UJA - I
Witness as to SURETY
Kara Ruckert
Typed or Printed Name
9
Merchants Bonding Company
SURETY
By:
Steve P Fanner
Typed or Printed Name
Attorney In Fact/Resident Agent
Title
Brown & Brown of Florida, Inc.
Address
220 S. Ridgewood Ave. Daytona Beach, FL 32114
City, State, Zip
386-239-5703 386-323-9197
Telephone No. Facsimile No.
NOTE: Date of this Payment Bond must not be prior to date of the Agreement. If CONTRACTOR
is a joint venture, all ventures shall execute this Payment Bond. If CONTRACTOR is a
Partnership, all partners shall execute this Payment 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.
Oak Avenue Streetscape
END OF SECTION
00610-4
PAYMENT BOND
(100% of Contract Price)
s
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually,
Pamela J Thompson; Steve P Farmer; Tyler D DeBord
their true and lawful Attorneys) -in -Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding, Inc., on October 16, 2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 5th day of April 2017
Nt✓ °♦
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.,� ,• 'tib...
°may G� LPOR�>' *. ° 44 +(? •� MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
2003 d 1933 a e; By
.�.
4�,Y.
#
��. • �ao'� %„`�• � � �• President
STATE OF IOWA •�'!""""'�+ ' �'"' `'
COUNTY OF DALLAS ss.
On this this 5th day of April 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
AUCIA K. GRAM
Commission Number 767430
My Commission Expires
F_0Z_ April 1, 2020
Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby
certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full
force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of
' 2003 -
y 1933' secretary
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POA 0018 (3/17)
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