Loading...
1996 Performance Bond Wharton Smith - Seawallqct Bond No. 30047983 PERFORMANCE BOND (100% of Contract Price) KNOW ALL MEN BY THESE PRESENTS that: Wharton -Smith Inc. (Name of CONTRACTOR) 750 Monroe Rd., Sanford Florida 32771 (Address of CONTRACTOR) CONTRACTOR's Telephone Number: 407-321-8410 a Corporation (Corporation, Partnership, or Individual) hereinafter called "Principal", and Western Surety Company (Name of Surety) P.O. Box 5077 Sioux Falls SD 57117-5707 (Address of Surety) Surety's Telephone Number: 800-331-6053 (Inquiries 407-834-0022) 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 Thirteen million seven hundred thirty-four thousand six hundred thirty-one and 01/100 DOLLARS ($13,734,631.01) 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 OBLIGATI N is such that whereaAQ e Princip I entered into a certain Agreement with CITY, dated the day of l✓ '" , 20 a copy of which is hereto attached and made a part hereof for the construction of: Sea Wall Construction - W. Seminole Blvd. RiverWalk Ph. III (IFB 17/18-53). The Project is located along West Seminole Blvd. in Sanford, Florida General description of the Work: The CONTRACTOR is responsible for all labor, materials, equipment, coordination, and incidentals necessary for of the installation of approximately 12,000 LF of new steel sheet pile sea wall and upland wall along Lake Monroe. Construction also includes concrete cap and handrail along the top of the wall, installation of soil anchors and fill placement behind the wall, and replacement of approximately 1194 -ft of existing storm sewer and box culvert from the new sea wall extending across W. Seminole Blvd. Sea Wall Construction PERFORMANCE BOND W. Seminole Blvd. RiverWalk Ph. III (100% of Contract Price) IFB 17/18-53 GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2018130031 Bk:9249 Page: 1215-1226 REC: 11/15/2018 2:01:41 PM by jeckenroth RECORDING FEES $103.50 Page 1 of 5 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 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 Sea Wall Construction W. Seminole Blvd. RiverWalk Ph. III IFB 17/18-53 Page 2 of 5 PERFORMANCE BOND (100% of Contract Price) 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. IN WITNESS TREOF, this instrument is executed this day of 20 ATTEST. - By: Secretary Devon A. Lewis Typed Name of Secretary Sea Wall Construction W. Seminole Blvd. RiverWalk Ph. III IFB 17/18-53 PRINCIPAL/CONTRACTOR W arton-Smith Inc. ,,,`rrrrrrrrrrrrrr P 01\17AYTOR G3?Fp0 T �� CONTRACTOR Mignitory A oiity ALF n 04/02/1984 Ronald F. Davoli - President/CEO ". Typed Name and Title 0 1'e PERFORMANCEIAOWR X61%" (100% of Contract Price) Page 3 of 5 (CORPORATE SEAL) (Witness to C05RACTOR) Kimberly Murray Typed Name Joy0upp Typed Name Sea Wall Construction VKSeminole Blvd. BkmrNa|kPh. III(100% of Contract Price) IFB 17/18-53 750 Monroe Rd. Address Sanford, Florida 32771 City, State, Zip 407-321-8410 407-327-6984 Telephone No. Facsimile No. (Surety Signature Page Follows) Page 4 of 5 PERFORMANCE BOND ATTEST.• N/A (SURETY) Secretary N/A Typed or Printed Name I . SURETY Christine Morton Typed or Printed Name C - Witness as to SURETV Mariel Urchipia Typed or Printed Name SURETY P.O. Box 5077 Address Sioux Falls SD 57117-5707 City, State, Zip 800-331-6053 605-335-0357 Telephone No. Facsimile No. Inquiries: 407-834-0022 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. Sea Wall Construction W. Seminole Blvd. RiverWalk Ph. III IFB 17/18-53 Page 5 of 5 PERFORMANCE BOND (100% of Contract Price) ♦11 April L. Lively Typed or Printed Name Attorney -in -Fact & Florida Licen,$&gj� 7 , e'tt Vg eh Title "%: ` Agent: Guignard Company r •- _ 1904 Boothe Circle, Longwood, (407) 834-0022 P.O. Box 5077 Address Sioux Falls SD 57117-5707 City, State, Zip 800-331-6053 605-335-0357 Telephone No. Facsimile No. Inquiries: 407-834-0022 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. Sea Wall Construction W. Seminole Blvd. RiverWalk Ph. III IFB 17/18-53 Page 5 of 5 PERFORMANCE BOND (100% of Contract Price) Bond No. 30047983 PAYMENT BOND (100% of Contract Price) KNOW ALL MEN BY THESE PRESENTS that: Wharton -Smith Inc. (Name of CONTRACTOR) 750 Monroe Rd., Sanford Florida 32771 (Address of CONTRACTOR) CONTRACTOR's Telephone Number: 407-321-8410 a Corporation (Corporation, Partnership, or Individual) hereinafter called "Principal", and Western Surety Company (Name of Surety) P.O. Box 5077 Sioux Falls SD 57117-5707 (Address of Surety) Surety's Telephone Number: 800-331-6053 (Inquiries 407-834-0022) 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 Thirteen million seven hundred thirty-four thousand six hundred thirty-one and 01/100 DOLLARS ($13,734,631.01) 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 L of f L/7t IU— , 206 a copy of which is hereto attached and made a part hereof for the construction of: Sea Wall Construction - W. Seminole Blvd. Riverwalk Ph. III (IFB 17/18-53). The Project is located along West Seminole Blvd. in Sanford, Florida General description of the Work: The CONTRACTOR is responsible for all labor, materials, equipment, coordination, and incidentals necessary for of the installation of approximately 12,000 LF of new steel sheet pile sea wall and upland wall along Lake Monroe. Construction also includes concrete cap and handrail along the top of the wall, installation of soil anchors and fill placement behind the wall, and replacement of approximately 1194 -ft of existing storm sewer and box culvert from the new sea wall extending across W. Seminole Blvd. CITY Phone No. 407-668-5000 Sea Wall Construction W. Seminole Blvd. Riverwalk Ph. III IFB 17/18-53 Page 1 of 4 PAYMENT BOND (100% of Contract Price) 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. Sea Wall Construction W. Seminole Blvd. Riverwalk Ph. III IFB 17/18-53 Page 2 of 4 PAYMENT BOND (100% of Contract Price) IN WITNESS WREOF, this instrument is executed this day of Mvembe� I 20- ? - ATTEST: By: Secretary Devon A. Lewis Typed Name of Secretary (CORPORATE SEAL) (Witness to CO T ACTOR) 0 Kimberly Murray Typed Name (Witness to ONTRAMR) Joy Bupp Typed Name Sea Wall Construction W. Seminole Blvd. RiverWalk Ph. III IFB 17/18-53 PRINCIPAL/CONTRACTOR CONTRACTOR Signatory Ronald F. Davoli - Pres Typed Name and Title 750 Monroe Rd. Address Sanford, Florida 32771 City, State, Zip 014-S 44 SEAL C)z �riqluzI1984 -z 407-321-8410 407-327-6984 Telephone No. Facsimile No. (Surety Signature Page Follows) Page 3 of 4 PAYMENT BOND (100% of Contract Price) ATTEST. N/A (SURETY) Secretary N/A Typed or Printed Name �rastoSURETY Christine Morton Typed or Printed Name Mariel Urchipia Typed or Printed Name SURETY Ui i, We,,, April L. Lively Typed or Printed Name Attorney -in -Fact & Florida LicensdA esidpntAg 9t, _ Title Pyr Agent: Guignard Company 1904 Boothe Circle, Longwood, FL (407) 834-0022 P.O. Box 5077 Address Sioux Falls SD 57117-5707 City, State, Zip 800-331-6053 605-335-0357 Telephone No. Facsimile No. Inquiries: 407-834-0022 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. Sea Wall Construction W. Seminole Blvd. RiverWalk Ph. III IFB 17/18-53 Page 4 of 4 PAYMENT BOND (100% of Contract Price) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Eileen C Heard, Bryce R Guignard, M Gary Francis, April L Lively, Paul J Ciambriello, Jennifer L Hindley, Margie L Morris, Deborah Ann DeFoe, Christine A Morton, Individually of Longwood, FL, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duty authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 17th day of November, 2017. SjyRE"ry�� WESTERN SURETY COMPANY �W??oa,POAgj:.3as diij� DpK01� Paul T. Bruflat, Vice President State of South Dakota 1 County of Minnehaha 3 ss On this 17th day of November, 2017, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seat; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J.MOHR Naraarvuauc June 23, 2021 ��1TiQA1OTA F J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of N� MIS • ,QRr.n5t✓ 'WESTERN SURETY COMPANY cT 2Z��� L. Nelson, Assistant Secretary Form F4280-7-2012 Go to www.cnasurety.com > Owner / ObiigeLk•Seft'tc *;PVa1 fat `Bond Coverage, if you want to verify bond authenticity. GGUIGNARD AN UNCOMMON BOND October 8, 2018 City of Sanford 300 North Park Avenue Sanford, FL 32771 Re: Authority to Date Bonds and Powers of Attorney Principal: Wharton -Smith, Inc. Bond No.: 30047983 Project: Sea Wall Construction - W. Seminole Blvd. RiverWalk Ph. III (IFB 17/18-53) Dear Sir or Madam: Please be advised that as Surety on the above referenced bond, executed on your behalf for this project, we hereby authorize you to date the bonds and the powers of attorney concurrent with the date of the contract agreement. Once dated, please send a copy of the dated bonds to our office. Vlt6tern Su lety Lively Attorney In Fact �.'kpa Ji It tit e , , 'A P C SELL 1404 Boothe Circle 1, Longwood, FL 32754