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2000 All Terrain Tractor Service Performance/Pay Bondsdip � *Fli Thursday, December 20, 2018 TO: City Clerk/Mayor RF: The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond P Safe keeping (Vault) ❑ Ordinance Deputy City Manager ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature ❑ ❑ City Clerk Attest/Signature ❑ City Attorney/Signature Once completed, please: ❑ Return originals to Purchasing- Department ❑ Return copies EJ Special Instructions: Li,,� 13o7ao1,.i je✓v- From SharePoint_Finance_Purchasing_Forms - 2018.doc Date GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2018129050 Bk:9248 Page:279-287 (9Pgs) REC: 1111412018 8:21:22 AM by hdevore U7 RECORDING FEES $78.00 Nielson, Mosholder A member 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) PERFORMANCE BOND BOND NO: FLC84751 Contractor Name: All Terrain Tractor Service Inc. Address: 949 Shadick Drive Orange City, FL 32763 Phone No: 386-218-6969 Surety Company: Merchants Bonding Company (Mutual) Surety Address: P.O Box 14498 Des Moines, IA 50306 - 3498 Surety Phone No: 515-243-8171 Owner Name: City of Sanford Address: 300 Not Park Avenue Sanford, FL 32771 Phone No: 407-328-7848 Obligee Name: (if different for property owner) Obligee Address: Obligee Phone No: Project Name: Cloud Branch Phase III -Side Streets-IFB 17/18-42., Sanford, FL Project Location: Seminole Countv, Florida Legal Description: Cloud Branch Phase III -Side Streets-IFB 17/18-42, Seminole County, Sanford, FL 4 *'r Bond No. FLC84751 SECTION 00605 PERFORi1IANCE 13OND KNOW ALL MEN BY THESE PRESENTS: That All Terrain Tractor Service, Inc. (Name of CON`fRACTOR) 949 Shadick Drive, Orange City, FL 32763 (Address of CONTRACTOR) R _._--------__-_ Corporation hereinafter called (Corporation, Partnership or Individual) Principal, al, and Merchants Bonding Company (Mutual) ---- -.. -- — — ---- ---(Name of Sure(y) P.O Box 14498 Des Moines IA 50306 - 3498 (address of Surety) hereinafter called Surety, are held and firmly bound unto t) City.ofSanford Fforit a hereinafter called OWNER, in the full and just Stmt of One-HundredFo-rty_SevenJlaosLeand_Four Hundred Se_v-en-and 87/100 _ DOLLARS (S 147,407.87) (❑ lawfal money of the United States, for the payment of which sum well and truly to be made, we hind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The suns 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 A�ri tcenient with the OWNER, dated thc�� _ _.___.. cfa� of _ _ L4: a copy of which is hereto aliached and made a part liercof Im the construction of 2) City of Sanford Cloud Branch -Phase III -Side Streets,IFB 17/18-42 1) Nmne of 0witer 2) A-an1e of-Profcet identified nr histructions to Bidders This bond is being entered into to satisfy the re(7uirements cif Section 255,05, Florida Statutes and the Agreement referenced above, as the same may be amended. The Surety shall be bound by any mud ail alternative dispute resolution awards and settlements to the sante extent as CONTRACTOR is bound. NOW, THEREFORE', the condition ofthis obliLation is such that ifPriucipal: A. Promptly aid faithfully performs its duties, all the covenants, terms, conditions, and agreements of said , II reeruerit incfiding. bili flol limited to tho insmance provisions, pu:u'aity period an,:f the warrants, provisions, in the time and mailer prescribed in tile- Agreeniew B. Pays OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' tees, iucludin� costs miff attorney's fees oil appeal that OWNER sustains resulting directly or indirectly from any breach or default by Principal under the Agreement, aid PERFORMANCE BONE) C. Satisfies all claims and demands iticurred wider the Agreement, and fully indemnifies and holds harmless the OWNER fi-on) 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 <nid tile Contract Documents of which the Agreement is a part. IFB 17/18-42 Cloud Branch Phase III - Side Streets SECTION 00605 Page 2 of 3 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 ill effect, the Surety shall remain liable to the O\VNER for all such loss or dannage. 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 ofthis Performance Bond. The Surety stipulates and agrees that its obligation is to perform the Principal's work tinder the Agreement wider the Bond, The following shall not be considered performance under the Band: (i) Surety's futancing of the Principal to keep Principal from defaulting tinder the Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and (iii) Surety's election to do nothing under file Bond shalt be construed as a material breach of tine 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 (rice or (ii)re-bid and re -let the Principal's Work to a completing contractor with Surety remaining liable for tine completing contractor's performance ofthe Principal's Work and furnishing adequate funds to complete the Work. The Surety acknowledges that its cost of completion upon defamlt by the Principal may exceed the Contract Price. ht any event, the Principal's Contract Time is of the essence and applicable delay damages are not waived by O\\FNF�R. 'file 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 Principal, shall remain in full force anwl effect notwithstanding (i) amendtnnents 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 tine Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations under tine 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 auty such proceeding. Any changes in or under the Agreement and Contract f)ocuments and compliance orttoncontpliaitce with amy formalities connected with the ,Agreement or the changes thereat 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 ofthis Bond shall increase or decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to flue Agreement and Contract Documents. The Pertbrinance 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 comnnon law rights more expansive 1111111 as required by statute. The Surety agrees that this Bond shalt be construed as a common law bond. IN WITNESS \VI IEREOF. this instrument is executed this the � d'av of �T AVIT' Sf: Secretary (Principal) Typed Name (CORPORATE SEAL) IFB 17/18-42 Cloud Branch Phase II'I - Side Sheets All Terrain Tractor Service, Inc. Principal (Contractor) By Vature) :J C: vt --, s i C �ru Typed Name and Title 949 Shadick Drive Address Orange City, FL 32763 City, State, zip (Witness to Principa)) Please See Attached Power of Attorney (Surety) Secretary Typed Name (CORPORATE SIAL) Witness as;�U 5tllrrety Mvoshi McDavid Typed Name Witness as to Surety Brian Turner `typed Name ORD (386) 218-6969 (386) 218-6970 Telephone No. facsiill ileNo. Typed Name ATTEST: Merchants Bonding Company (Mutual) Surety, (515) 243-8171 (515) 243-3854 Telephone No. facsimile No. -" Attorney -in -Pact Don Bramiage, Attorney -In -Fact & FL Resident Agent Typed Name 4380 St. Johns Parkway, Suite 110 Address Sanford, FL 32771 City, State, Zip A407)3307.3990 330-3990 (40 )330_3949 Teleplione No. Facsimile No. NOTE: Date of the Bond must not be prior to (late of Agreement. If CONTRACTOR is a joint venture, all ventores' shall execute the Bond. If CONTRACTOR is partnershi)), all partners shall execute the 13011d. EMPORTANT: Surety companies execltiigBonds musl 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 ill writing by OWNER. ATTACH a certified Power-ol'Attorney appointing individual Attorney -in -Fact for exceution ofl,erformance Bond on behalf of Surety. END OF SECTION 00605 IFB 17/18-42 Cloud Branch Phase 111- Side Streets 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: FLC84751 Contractor Name: All Terrain Tractor Service. Inc. Address: 949 Shadick Drive Orange City. FL 32763 Phone No: 386-218-6969 Surety Company: Merchants Bonding Company (Mutual) Surety Address: P.O Box 14498 Des Moines, IA 50306 - 3498 Surety Phone No: 515-243-8171 Owner Name: City of Sanford Address: 300 North Park Avenue Sanford, FL 32771 Phone No: 407-328-7848 Obligee Name: (if different for property owner) Obligee Address: Obligee Phone No: Project Name: Cloud Branch Phase III -Side Streets-IFB 17/18-42., Sanford, FL Project Location: Seminole County, Florida Legal Description: Cloud Branch Phase III -Side Streets-IFB 17/18-42, Seminole County, Sanford, FL Bond No. FLC84751 STICTION 00610 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that All Terrain Tractor Service, Inc. (Name of CONTRACTOR) 949 Shadick Drive, Orange City, FL 32763 (Address of CONTRACTOR) hereinafter called (Corporation, Partnership or Individual) Principal, and Merchants Bonding Company (Mutual) (Name of Surety) P.O Box 14498, Des Moines, IA 50306 - 3498 (Address of Surety) hereinafter called Surety, are held and firmly botmd auto I) City of Sanford, Florida hereinafter called OWNER, in the full and just Stun of One Hundred Forty Sevin Thousand Four ndred Seven and 87(100 _ DOLLARS (S .147,407.8Z...___ ) _in lawful money of the United States, for the payment of which stun wetl and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall riot be less than one tmndred ten percent (110%) of the Contract Price. THE CONDITION Of :F41S OBLIGATION s su ll that whereas, the Principal entered into a certain Agreement N� ,I the OWNER, dated the / dayot__� _ m copy of which is hereto attached mud made a part hereof for the construction of 2) Cloud Branch Phase I11 - Side Streets, IFB 17118-d2 i) Name oJ'0ivncr 2) A'utrre g11)iect idemficd in Ltsn•uctions to Biddcrs The Surety shall be bound by ally and all alternative dispute resolution awards and settlements to the same extent as CONTRAC TOR is bound. NOH 'l IEREFORE, 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 Elie Work provided tier in the Agreement, then this obligation shill be void; otherwise, it shall remain ill full force and effect subject, however, to the following conditions: Tills Bond is furnished for the purpose of complying with tine requirements of Section 255.05, Florida Statutes, as the same may be amended. Therefore, a claimant, except a laborer, infill is not in privily with the CONTRACTOR and who has not received payment for his labor, A\Materials or supplies shall, within darty -five (45) days after beginning to furnish labor, Materials or supplies for the prosecution of the Work, fim-nish 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, Nlaterials or supplies shall within ninety (90) days after performance of the labor or completion of delivery of Elie Materials or supplies, or, with respect to rental equipment, within 90 days after the date that Elie rental equipment was last on the job site available for use, deliver to Elle CONTRACTOR and to the Surety written notice of the performance of the labor or delivery of the Nlaterials or supplies and of the nonpayment. No action for the labor, Materials or supplies may be instituted against the CONTRACTOR or Elie Surety on the bond after one year from the perfiarill alice of the labor or completion of (tie delivery of the Materials or supplies. 11713 17/18.42 Cloud Branch Phase Ill - Side Streets 6 SX��FQRD , SECTION 0061.0 Page 2 of 3 2. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder sliall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWN17R and Principal without (lie Surety's knowledge or consent, (d) waivers of compliance with or any def1ault ander 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 lily 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 undcr 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 \vii\,cs notice of any such changes. further, Principal and Surety I 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. 4. The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. FN WI � �E��SS WHEREDF, this instrument is executed this the da), of + Arm.s,r: Secretary (Principal) Typed N,,mie (CORPORATF, SEAL) (Williess to Principal) Typed Name ATTY'ST: Please See Attached Power of Attorney (Surety) Secretary Typed Name (CORPORATE SEAL) IFB 17/18-42 Cloud Branch Phase III - Side Streets All Terrain Tractor Service, Inc. Principal (Contractor). - Ely (Si« a 111,C) typed Name and Title 949 Shadick Drive Address Orange City, FL 32763 City, State, Zip (386) 218-6969 (386) 218-6970 Telephone No. Facsimile No. Merchants Bonding Company (Mutual) Surety (515) 243-8171 (515) 243-3854 Telephone No. Facsimile No. .Y CA .il Ut 7 { a.r�tl„ ., By: ALI Witness, to Surety �� Attorney -in -Fact � Myoshi McDavid Don Bramlage, Attorney -In -Fact & FL Resident Agent Typed Name Typed Name 4380 St. Johns Parkway, Suite 110 Witness as to Surety Address Brian Turner Sanford, FL 32771 Typed Name City, State, lip (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 ventures' Shall execute the Bond. If CONTRACTOR is Partnership, all partners shall execute Bond. EMPORTANT: Surety companies executing Bonds crust 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 O\V%NtR. ATTACH a certified Power -of -Attorney appointin- individual Attorney -in -Fact for execution of Performance Bond on behalf of Surety. I'Ntil) OFSECITON O0610 IFB 17118.42 Cloud Branch Phase III a Side Streets r BONDING POWER ATTORNEY 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, Don Bramlage; Edward M Clark; Laura D Mosholder their true and lawful Attorney(s)-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 -Attorney 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 10th day of October 2017 10N •. may. GDRPO�+9A �p ,O P(j9 •, y MERCHANTS BONDING COMPANY (MUTUAL) �: • �: 9,A.��, MERCHANT NATIONAL BONDING, INC. :Q2 -o- O:0 1 2003!jo; : ti 1933 c: By • ; C`r. «< • •`y3e`' •gid a l '•,�•lqj''........ •, fly" r '' t\,� President STATE OF IOWA `'"•'++"``` `""' COUNTY OF DALLAS ss. On this this 10th day of October 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. 110 ALICIA K. GRAM Commission Number 767430 My Commission Expires - rp,e April 1, 2020' Notary Public (Expiration of notary's commission does not invalidate this instrument) 1, 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 1 •. A � '•. •gyp\NCS .CtlijpA. 0. a, ~ 2003 Q' 1933 ' c' Secretary POA 00 18 (3/17) ���`'"..."``��� �•••"••