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2040 IFB 17/18-16 Performance Bond Huffman/NuWaveNer o No I IV elm XANCE DEPARTMENT Thursday, December 20, 2018 TO: City Clerk/Mayoi RE: N� V6 \--I \ X?, - The item(s) noted below is/are attached and forwarded to your office for the following action(s): n Development Order F1 Mayor's signature n Final Plat (original mylars) El. Recording [-] Letter of Credit n Rendering F] Maintenance Bond c Safe keeping (Vault) F] Ordinance ❑ Deputy City Manager n Performance Bond ❑ Payment Bond n Resolution F] City Manager Signature ❑ F] City Clerk Attest/Signature F1 City Attorney/Signature Once completed, please: ❑ Return originals to Purchasing- Department ❑ Return copies El Special Instructions: Uftot-y�y 6oja.-),zqev- 19MON SharePoint FinancePurchasingForms - 2018.doc --'aA \s I ,� Date 1 V" Bond No: 41397894 Executed in 3 Counterpart(s) GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2019021317 Bk:9306 Page:4-15 (12Pgs) REC: 02/28/2019 2:52:41 PM by jeckenroth RECORDING FEES $103.50 SECTION 00605 PERFORMANCE BOND (100% of Contract Price) KNOW ALL MEN BY THESE PRESENTS that: Huffman, Inc. DBA NuWave Pools & NuWave Concrete (Name of CONTRACTOR) 2240 Northumbria Dr. Sanford, FL 32771 (Address of CONTRACTOR) CONTRACTOR'sTelephone Number: (321) 246-8001 a Corporation (Corporation, Partnership, or Individual) hereinafter called "Principal", and Platte River Insurance Compan (Name of Surety) PO Box 5900, Madison, WI 53705-0900 (Address of Surety) Surety's Telephone Number: (608) 829-4200 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 Four Hundred Thirty Six Thousand Three Hundred Ten and 50/100------ DOLLARS ($436,310.50 ------------------- ) 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 day ofV,, 20 tqa copy of which is hereto attached and made a part hereof f r the construction of: IFB 17/18-69 Hidden Lake Drive & Live Oak Blvd Sidewalk, Sanford, FL The Project is located (Provide Legal Description. If in R/W, provide address or general location): Sanford, FL General description of the Work: The CONTRACTOR is responsible for all labor, materials, equipment, coordination, and incidentals necessary for IFB 17/18-69 Hidden Lake Drive & Live Oak Blvd Sidewalk, Sanford, FL 00605-1 Hidden Lake Drive & Live Oak Blvd Sidewalk IFB 17/18-69 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 Surely remaining liable for the completing contractor's performance 00605-2 Hidden Lake Drive & Live Oak Blvd Sidewalk IFB 17/18-69 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. IN WITNESS WHEREOF, this instrument is executed this day of , 20 ATTEST: PRINCIPAUCONTRACTOR Huffman. Inc. DBA NuWave Pools & NuWave Concrete PRINCIP I CONNTRACT YR y: ecretary By: CONiRACTO atoryAuthority 00605-3 Hidden Lake Drive & Live Oak Blvd Sidewalk IFB 17/18-69 Typed', ame,of Secretary ra*.xryt. 'j,�I •&0;.'00RA-TE S' Q .�� 1 4i;.iNT ACTC P i • fame I Typed Name f Typed Name and Title 2240 Northumbria Dr. Address Sanford, FL 32771 City, State, Zip f,�1C (321) 246-8001 727-328-7718 Telephone No. Facsimile No. (Surety Signature Page Follows) 00605-4 Hidden Lake Drive & Live Oak Blvd Sidewalk IFB 17/18-69 ATTEST. - 4, (SURETY) Secretary Susan L. Reich Typed or Printed Name 00605-5 Hidden Lake Drive & Live Oak Blvd Sidewalk IFB 17118-69 SURETY s Platte River Insurance Company oo SURETY Witness as ETY Tammy Jones Typed or Printed Name Witn s as to SU ETY Jenna Pagan Typed or Printed Name Gloria A. Richards -V Typed or Printed Name Attorney -in -Fact & FL Lic Res. Agent Title PO Box 5900 Address Madison, WI 53705-0900 City, State, Zip (608) 829-4200 (800) 798-2029 Telephone No. Facsimile No. Agency: Florida Surety Bonds, Inc 620 N. Wymore Rd Suite 200 Maitland, FL 32751 Inquiries: (407) 786-7770 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. END OF SECTION 00605-6 Hidden Lake Drive & Live Oak Blvd Sidewalk IFB 17/18-69 Bond No: 41397894 Executed in 3 Counterpart(s) SECTION 00610 PAYMENT BOND (100% of Contract Price) KNOW ALL MEN BY THESE PRESENTS that: Huffman, Inc. DBA NuWave Pools & NuWave Concrete (Name of CONTRACTOR) 2240 Northumbria Dr. Sanford, FL 32771 (Address of CONTRACTOR) CONTRACTOR's Telephone Number: (321) 246-8001 a Corporation (Corporation, Partnership, or Individual) hereinafter called "Principal", and Platte River Insurance Company (Name of Surety) PO Box 5900, Madison, WI 53705-0900 (Address of Surety) Surety's Telephone Number: (608) 829-4200 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 Four Hundred Thirty Six Thousand Three Hundred Ten and 50/100 ---DOLLARS ($436,310.50 ------------ ------ ) 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 theday of 20 , a copy of which is hereto attached and made a part hereof for the construction of:IFB 17/18-69* The Project is located (Provide Legal Description. If in R/W, provide address or general location): Sanford, FL General description of the Work: The CONTRACTOR is responsible for all labor, materials, equipment, coordination, and incidentals necessary for IFB 17/18-69 Hidden Lake Drive & Live Oak Blvd Sidewalk Sanford FL *Hidden Lake Drive & Live Oak Blvd Sidewalk, Sanford, FL 00610-1 Hidden Lake Drive & Live Oak Blvd Sidewalk IFB 17118-69 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. IN WITNESS WHEREOF, this instrument is executed this day of , 20 ATTEST.- PRINCIPAUCONTRACTOR Huffman, Inc. DBA NuWave Pools & NuWave Concrete PRINCIPAL/ CONTRACTOR 00610-2 Hidden Lake Drive & Live Oak Blvd Sidewalk IFB 17/18-69 r / ,-By: ec Mary' Ty060 ame of Se retary �-- N R('� AT --E SEA : X00 jtn4s t401 TR TOR) ^` t (Witness to CONTRACTOR) Typed Name Typed Name and Title 2240 Northumbria Dr. Address Sanford, FL 32771 City, State, Zip Authority •�� `fir.-,.,�_ (321) 246-8001 727-328-7718 Telephone No. Facsimile No. (Surety Signature Page Follows) 00610-3 Hidden Lake Drive & Live Oak Blvd Sidewalk IFB 17118-69 ATTEST.' (SURETY) Secretary Susan L. Reich Typed or Printed Name 00610-4 Hidden Lake Drive & Live Oak Blvd Sidewalk IFB 17/18-69 SURETY Platte River Insurance Company SURETY Gj " c7 1.t ►� ld ��, I r\1-1, Witness as tT ETY Tammy Jones Type or Printed Name a!�� - WitrbOs as to SU ETY Gloria A. Richards' Typed or Printed Name Attorney -in -Fact & FL Lic. Res. Agent Title *Inquiries (407) 786-7770 PO Box 5900 Address Madison, WI 53705-0900 City, State, Zip Jenna Pagan (608) 829-4200 (800) 798-2029 Typed or Printed Name Telephone No. Facsimile No. Agency: Florida Surety Bonds, Inc 620 N. Wymore Rd Suite 200 Maitland, FL 32751 Inquiries: (407) 786-7770 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. END OF SECTION 00610-5 Hidden Lake Drive & Live Oak Blvd Sidewalk IFB 17/18-69 PLATTE RIVER INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the PLATTE RIVER INSURANCE COMPANY, a corporation of the State of Nebraska, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint -- -- LISA ROSELAND; TERESA L DURHAM; KIM E NIV; JEFFREY W REICH; SARAH K. O'LINN; CHERYL FOLEY ------ - SUSAN L REICH; GLORIA A RICHARDS; SONJA AMANDA FLOREE HARRIS; ROBERT P. O'LINN — --------- its true and lawful Attorney(s)-in-fact, to make, execute, sea] and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sunt of ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED: 520,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PLATTE RIVER INSURANCE COMPANY at a meeting duly called and held on the 8th day of January, 2002. "RESOLVED, that the President; Executive Vice President, Vice President, Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attomey(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which itis attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority 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 PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this 3rd day of May, 2017. Attest: J n E. RzepinskiSUfin, PLATTE RIDDVER INSURANCE COMPANY Vice President, Treasurer & CFO 4-A" oFc%o, ,b 'a��� �� Stephen J. Sills Suzanne M. Broadbent \ CEO & President Assistant Secretary STATE OF WISCONSINNC133RAiog' S.S.: COUNTY OF DANE } On the 3rd day of May, 2017 before me personally came Stephen J. Sills, to me known, who being by me duly sworn, did depose and say: that he resides in the County of New York, State of New York; that he is President of PLATTE RIVER INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. E�; , , "D J R£y.4,10 F �' David J. Regele STATE OF WISCONSIN Notary Public, Dane Co., WI � �.,,�: �+ COUNTY OF DANE S.S.: My Commission Is Permanent I, the undersigned, duly elected to the office stated below, now the incumbent in PLATTE RIVER INSURANCE COMPANY, a Nebraska Corporation; authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the City of Middleton, State of Wisconsin the d1 01- 20 r;t1%14.a r Antonio Celii Caic l, Vice President & Seccretary THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADEC;0,B{1C�GS�R UN VI�T`H ei 1�5 A NUMBER W THE UPPER RIGHT HAND CORNER. IF''YOU HAVE ANY QUESTIONS CONCERNING THE AUTHE' TI�IITY 11rJ I t�i N CA 800-475-4450.`: PK -POA (Rev. to-zot7} 4D CITY OF S ORD FINANCE DEPARTMENT Thursday, December 20, 2018 PURCHASING DEPARTMMMY TRANsmITTAL MEMORANDUM To: City Cler-- ayor RE: '� r 1 The item(s) noted below is/are attached and forwarded to your office for the following action(s): F1 Development Order ❑ Mayor's signature F1 Final Plat (original mylars) Recording F1 Letter of Credit El Rendering F] Maintenance Bond Safe keeping (Vault) n Ordinance ❑ Deputy City Manager F] Performance Bond ❑ Payment Bond n Resolution F] City Manager Signature El El City Clerk Attest/Signature n City Attorney/Signature Once completed, please: F] Return originals to Purchasing- Department n Return copies El Special Instructions: L-Uu" r3�"tzi4w 19 MON SharePoint FinancePurchasingFoms - 201 8.doc ���`ICj Date Bond No. 41397894 SECTION 00615 MATERIAL AND WORKMANSHIP BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE Huffman, Inc. DBA NuWave Pools* hereinafter referred to as "Contractor" and Platte River Insurance Company , hereinafter referred to as "Surety" are held and firmly bound unto City of Sanford , hereinafter referred to as the OWNER in the sum of ten percent (10%) of the Contract Price as adjusted under the Contract Documents. The Final Contract Price is $ 479,707.50 ------------------ , therefore Contractor and Surety are held and firmly bound unto OWNER the sum of Forty Seven Thousand Nine ** Dollars ($ 47,970.75 ---- --------for the payment of which we bind ourselves, heirs, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has constructed certain improvements, including Sidewalks and other appurtenances in that certain Project known as IFB 17/18-69 Hidden Lake Drive and Live Oak Blvd. Sidewalk, Sanford, FL , and WHEREAS, the qlforesaid improvements were made pursuant to an Agreement dated and filed with the Purchasing Office of OWNER; and WHEREAS, the Contractor warrants and guarantees to the OWNER that all work, labor, materials, equipment and services furnished and performed has been done in a good and workmanlike manner and is of the highest quality, free from defects; and WHEREAS, Contractor is obligated to protect the OWNER. against any defects resulting from faulty Materials or Workmanship of said improvements and to maintain said improvements for a period of two (2) years from the date of Final Completion under the Contract Documents, which is 04/30/2019 NOW THEREFORE, the conditions of this obligation is such that if Contractor shall promptly and faithfully protect the OWNER against any Defects resulting from faulty Materials and Workmanship of the aforesaid improvements and maintain said improvements for a period of two (2) years from the date of Final completion, then this obligation shall be null and void, otherwise it shall remain in full force and effect. The OWNER shall notify the Contractor in writing of any Defect for which the Contractor is responsible and shall specify in said notice a reasonable period of time within which Contractor shall have to correct said Defect. The Surety unconditionally covenants and agrees that if the Contractor fails to perform, within the time specified, the Surety, upon thirty (30) days written notice from OWNER, or its authorized agent or officer, of the failure to perform will correct such Defect or Defects and pay the cost thereof, including, but not limited to engineering, legal and contingent costs. Should the Surety fail or refuse to correct said Defects, the OWNER, in view of the public interest, health, safety, welfare and factors involved, shall have the right to resort to any and all legal remedies 00615-1 * & NuWave Concrete ** Hundred Seventy and 75/100 Hidden Lake Drive & Live Oak Blvd Sidewalk Bid IFB 17118-69 against the Contractor and Surety and either, both at law and in equity, including specifically, specific performance to which the Contractor and Surety unconditionally agree. The Contractor and Surety further jointly and severally agree that the OWNER at its option, shall have the right to correct said Defects resulting from faulty Materials or Workmanship, or, pursuant to public advertisement and receipt of Bids, cause to be corrected any Defects or said Defects in case the Contractor shall fail or refuse to do so, and in the event the OWNER should exercise and give effect to such right, the Contractor and the Surety shall jointly and severally hereunder reimburse the OWNER the total cost thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages either direct or consequent which may be sustained on account of the failure of the Contractor to correct said defects. IN WITNESS WHEREOF, this instrument is executed this the 1st day of May ------------------------------ 2019 ATTEST: Secreta (C tractor) ATTEST: (Surety) Secretary Susan L. Reich Typed Name (CORPORATE SEAL) An'�a;�.r !x l/Lro u 1�l ) Witness as to Surety 00615-2 Hidden Lake Drive & Live Oak Blvd Sidewalk Bid IFB 17118-69 CONTRACTOR Signatory Authority Huffman, Inc. DBA NuWave Pools & NuWave Concrete Contractof,ftnatory Authority Typed Name and Title' 2240 Northumbria Dr. Address Sanford, Florida 32771 City, State, Zip (321)246-8001 (407)324-4848 Telephone No. Facsimile No. Platte River Insurance Company Surety (608)829-4200 (800)798-2029 Telephone No. Facsimile No. c�±' ' By: Attorney -in -Fact& FL Licensed Resident Agent Sarah Drinnan Typed Name Wit ss as to S rety -- — Jenna Pagan Typed Name Teresa L. Durham, Inquiries: (407) 786-7770> Typed Name PO Box 5900 Address Madison, WI 53705-0900 City, State, Zip (608)829-4200 (800)798-2029 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 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 OWNER. ATTACH a certified Power -of -Attorney appointing individual Attorney -in -Fact for execution of Performance Bond on behalf of Surety. END OF SECTION 9114M Hidden Lake Drive & Live Oak Blvd Sidewalk IFB 17118-69 PLATTE RIVER INSURANCE COMPANY 41409217 KNOW ALL MEN BY THESE PRESENTS, That the PLATTE RIVER INSURANCE COMPANY, a corporation of the State of Nebraska, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint -- LISA ROSELAND; TERESA L DURHAM; KIM E NIV; JEFFREY W REICH; SARAH K. O'LINN; CHERYL FOLEY - - SUSAN L REICH; GLORIA A RICHARDS; SONJA AMANDA FLOREE HARRIS-. ROBERT P. O'LINN its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contractsofsuretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED: 520,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PLATTE RIVER INSURANCE COMPANY at a meeting duly called and held on the 8th day of January, 2002. "RESOLVED; that the President, Executive Vice President, Vice President, Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attorney(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority 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 PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this 3rd day of May, 2017. Attest: )J.n E. RzepinskiMSU PLATTE PLATTE RIVER INSURANCE COMPANY 1V Vice President. Treasurer & CFO Suzanne M. Broadbent Assistant Secretary STATE OF WISCONSIN COUNTY OF DANE S.S.: C. RgTF AL Stephen J. Sills CEO & President On the 3rd day of May, 2017 before me personally came Stephen J. Sills, to me known, who being by me duly sworn, did depose and say: that he resides in the County of New York, State of New York; that he is President of PLATTE RIVER INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. pl Cc 30, David J. Regele STATE OF WISCONSIN Notary Public, Dane Co., WI S.S.: COUNTY OF DANE My Commission Is Permanent I, the undersigned, duly elected to the office stated below, now the incumbent in PLATTE RIVER INSURANCE COMPANY, a Nebraska Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the City of Middleton, State of Wisconsin this ' day of 1RV ' 20— _ SEAL ; Antonio Celii General Counsel, Vice President & Seceretary THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-475-4,450. PR -POA (Rev. 10-2017) SECTION 00617 CONSENT OF SURETY TO FINAL PAYMENT WE Platte River Insurance Company having heretofore executed Performance and Payment Bonds No. 41397894 for the Project known as Hidden Lake Drive & Live Oak Blvd. Sidewalk , in the amount of $ 436,310.50 ------------------- * hereby agree that City of Sanford ------------------------------------------ , hereinafter referred to as OWNER may make full payment of the final estimate, including the retained percentage, to the CONTRACTOR, Huffman, Inc. DBA NuWave Pools & Nuwave Concrete. The Surety concurs that full payment to the CONTRACTOR is appropriate and the Surety expressly releases the OWNER from all liability to Surety resulting from full payment to CONTRACTOR. It is fully understood that the granting of the right to the OWNER to make payment of the final estimate to said CONTRACTOR and/or his assigns, shall in no way relieve this surety company of its obligations under its bond, as set forth in the specifications, contract and bond pertaining to the above project. * = Dollar Value of Issued Performance and Payment Bonds IN WITNESS WHEREOF, the Platte River Insurance Company has caused this instrument to be executed on its behalf by its Representative---------------------------------------------------------------------------------------------------------------------- -------------------------------- and its duly authorized attorney in fact, and its corporate seal to be hereunto affixed, all on this 1st day of May ''jj 2019 ✓` Platte River Insurance Company c 0' Surety Attorney -in -Fact & FL Licensed Resident Agent Teresa L. Durham, Inquiries: (407) 786-7770 (Power of Attorney must be attached if executed by Attorney in Fact) STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this 1st day of --------------------------------- 2019 by Teresa L. Durham of Platte River Insurance Company ---------------------------------- (corporation), on behalf of the corporation, who is personally known to me or has produced_ (Type of Identification) as identification and who did (did not) take an oath. Sworn to and subscribed to before me this Ist day of May, 2019 ------------------------------------------------------------------- 7w _ - (Signature) E Notary Public State of FloridaSarah M. Drinnan00617-1 My Commission FF 914823Expires 09/01/2019 Hidden Lake Drive & Live Oak Blvd Sidewalk IFB 17/18-69 Sarah M. Drinnan (Print name) Notary Public in and for the County and State Aforementioned My Commission Expires: 09/01/2019 =otiY voe� Notary Public State of Florida Sarah M. Drinnan vy c, _ �Q Aly Commission FF 914823 9j?'0 Fvd Expires 09l^112019 END OF SECTION 00617-1 Hidden Lake Drive & Live Oak Blvd Sidewalk IFB 17/18-69 PLATTE RIVER INSURANCE COMPANY 41409216 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the PLATTE RIVER INSURANCE COMPANY, a corporation of the State of Nebraska, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint -- – LISA ROSELAND; TERESA L DURHAM; KIM E NIV; JEFFREY W REICH; SARAH K. O'LINN; CHERYL FOLEY -- - SUSAN L REICH; GLORIA A RICHARDS; SONJA AMANDA FLOREE HARRIS; ROBERT P. OTINN — its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED: 520,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors ofPLATTE RIVER INSURANCE COMPANY at a meeting duly called and held on the 8th day of January, 2002. "RESOLVED, that the President, Executive Vice President, Vice President, Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attomey(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority 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 COMMODwealth of Kentucky at least thirty (30) days prior to the modification or revocation. IN WITNESS WHEREOF, the PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this 3rd day of May, 2017. Attest: G )Jn E. Rzepinski PLATTE RIVER INSURANCE COMPANY Vice President, GTreasurer &CFO 41 eoRpogq �oFeo`6 Stephen J. Sills Suzanne M. Broadbent \ CEO &President Assistant Secretary % STATE OF WISCONSIN eaansKa �`� COUNTY OF DANE S.S.: nrnr��,:miinnrm�a�' On the 3rd day of May, 2017 before me personally came Stephen J. Sills, to me known, who being by me duly sworn, did depose and say: that he resides in the County of New York, State of New York; that he is President of PLATTE RIVER INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. j PE David J. Regele STATE OF WISCONSIN Notary Public, Dane Co., WI COUNTY OF DANE } S.S.: 0,r lj My Commission Is Permanent I, the undersigned, duly elected to the office stated below, now the incumbent in PLATTE RIVER INSURANCE COMPANY, a Nebraska Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the City of Middleton, State of Wisconsin this I day of !� "i 20 6 GU SEAL Antonio Celii Koy,> General Counsel, Vice President & Seccretary THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-475-4450. PR -POA (Re=. 10-2017) SECTION 00647 SUBCONTRACTOR / SUPPLIER'S RELEASE OF LIEN (FINAL AND COMPLETE) Before me, the undersigned authority in said County and State, appeared 1214 / L'� A,6who, being first duly sworn, deposes and says that ,3 -he is of /v e &I a company and/or corp6ration authorized to do business under the laws of the State of and is a subcontractor/supplier/vendor on the Project known as 7/7/',F - 6 �' located in Seminole County, State of Florida, whose OWNER is City of Sanford The work performed / materials supplied for the Project was furnished to the CONTRACTOR, Said deponent is duly authorized to make this affidavit by resolution of the Board of Directors of said company and/or corporation; that deponent knows of his own knowledge that said contract has been complied with in every particular by said subcontractor / supplier and that all parts of the work have been approved by the Owner's Engineers; that there are no bills remaining unpaid for labor, material, or otherwise, in connection with said contract and work, and that there are no suits pending against the undersigned as subcontractor / supplier or anyone in connection with the work done and materials furnished or otherwise under said contract. Deponent further says that the final estimate which has been submitted to the Owner simultaneously with the making of this affidavit constitutes all claims and demands against the Owner on account of said contract or otherwise, and the acceptance of the sum specified in said final estimate will operate as a full and final release and discharge of the Owner from any further claims, demands or compensation by contractor under the above contract. IN WITNESS WHEREOF, I/we have executed this instrument under seal this day of Aut rized Represelitative (Signature) (SEAL) Printed Name and Title STATE OF r- Z 0L i b A COUNTY OF PA -4k) &Wd The foregoing instrument was acknowledged before me this —day of Ziwt -,-2 /-)/ C� $ by jZiL n9 / of (corporation), on behalf of the corporation, who is personaUr know to me or has produced (Type of Identification) as identification and who did (did not) take an oath. 00647-1 Hidden Lake Drive & Live Oak Blvd Sidewalk IFB 17/18-69 Sworn to and subscribed to before me this_ dav of 41,9 ' PATRICIA A. WESTON Y P Notary Public - State of Florida Commission # FF 930113 ,TeQFf,,oa;��My Comm. Expires Oct 22, 2019 (Print name) Notary Public in and for the County and State Aforementioned My Commission Expires: M -1U � 0) / q END OF SECTION 00647-2 Hidden Lake Drive & Live Oak Blvd Sidewalk IFB 17/18-69 ,I ­­­ 17111 , �� , '' , 1, 1 � '' '' 111 ;Irl I , , �� W [i I'Miii 11-71 1 El' Before me the undersigned authority in said County and State, appeared Ba:z ryw— who being first duly sworn, deposes and says that he is - -V of 6�� V V1 ot-n a company and/or corporation authorized to do business under the laws of the State of 'RDir-f6la , and is a subcontractor/supplierlvendor on the Project known as id de vi 1-a 1,ce Qr A— L U R k M gide Egod kS located in Seminole County, State of Florida, whose OWNER is City of Sanford . The work performed / materials supplied for the Project was furnished to the CONTRACTOR, W 0 6,vr " W - Said deponent is duly authorized to make this affidavit by resolution of the Board of Directors of said company and/or corporation; that deponent knows of his own knowledge that said contract has been complied with in every particular by said subcontractor / supplier and that all parts of the work have been approved by the Owner's Engineers; that there are no bills remaining unpaid for labor, material, or otherwise, in connection with said contract and work, and that there are no suits pending against the undersigned as subcontractor I supplier or anyone in connection with the work done and materials furnished or otherwise under said contract. Deponent further says that the final estimate which has been submitted to the Owner simultaneously with the making of this affidavit constitutes all claims and demands against the Owner on account of said contract or otherwise, and the acceptance of the sum specified in said final estimate will operate as a full and final release and discharge of the Owner from any further claims, demands or compensation by contractor under the above contract. IN WITNESS WHEREOF, I/we have executed this instrument under seal this day of Mcw Authorizedkeft6ln-Ag Lve (Signaturp" T On - VP (SEAL) Printed Name and Title STATE OF V:J PATRICLA GERINO Commission # GG 158568 Expires November 7, 2021 COUNTY OF Pi '$0FFTW Bonded Thm Budget wtuysa-fl= The foregoing instrument was acknowledged before me this I day of M tj k 1 1 '7-01 —by D& %j i cl �nj_7 nv-% e Of Juk6 MrA-o _(corporation), on behalf of the corporation, who is personally known to me or has produced _(Type of Identification) as identification and who did (did not) take an oath. K*- � Sys Hidden Lake Drive & Live Oak Blvd Sidewalk IFB 17118-69 Sworn to and subscribed to before me this—„—day �7-019 -- -- -1 0 (Signature) f , GCr-te) o (Print name) Notary Public in and for the County and State Aforementioned My Commission Expires: i 11:7 1; 1 Hidden Lake Drive & Live Oak Blvd Sidewalk IFB 17118-69 Before me, the undersigned ~^~ being first duly sworn, deposes and " he AV*~0� company and/or corporation authorized to do business under the laws of the �tate of t--), , and is a subcontractor/SLIpplier/vendor on the Project known as e- -6,\ -4 & I 3,D'1'A-'G5 located in Seminole County, State of Florida, whose OWNER is City of Sanford . The work performed / materials supplied for the Project was furnished to the CONTRACTOR, M, VJ Said deponent is duly authorized to make this affidavit by resolution of the Board of Directors of said company and/or corporation; that deponent knows of his own knowledge that said contract has been complied with in every particular by said subcontractor/ supplier and that all pails of the work have been approved by the Owner's Engineers; that there are no bills remaining unpaid for labor, material, or otherwise, in connection with said contract and work, and that there are no suits pending against the undersigned as subcontractor / supplier oranyone in connection with the work done and materials furnished or otherwise under said contract. Deponent further says that the final estimate which has been submitted to the Owner simultaneously with the making of this affidavit constitutes all claims and demands against the Owner on account of said contract or otherwise, and the acceptance of the sum specified in said final estimate will operate as a full and final release and discharge of the Owner from any further claims, demands orcompensation bycontractor under the above contract. |NWITNESS WHEREOF, kwe have executed thisinstrument under seal this .38 day of Authorized Representative (Signature) Notary Public State of Florida E=n �ay Ogden i"on GG 228051 Printed Name and -Title Expires 06/1 ZIM2 ^ STATE OF f dZ COUNTY OF iI�. The foregoing instrument was acknowledged before rne this -�70�� day of "vrak-e (corporation), oil behalf of the corporation, who is personally known to me or has produced Z,-,> -4 1- n5 -le _(Type of Identification) as identification and who did (E�D take an oath. 0Q647' Hidden Lake Drive & Live Oak Blvd Sidewalk /Fe17nn-6u N SUBCONTRACTOR I SUPPLIER'S RELEASE OF LIEN (FINAL AND COMPLETE) said County and State, appeared ; that a co an and/or corporation authorized to do business under ffie laws of the State of F � OVfCIQ and is a subcontractor/supplier/vendor on the Project known as Or -6 C)CA V_ A ) V CA located in Seminole County, State of Florida, whose OWNER is City of Sanford The work r)erformed materials supplied for the Project was furnished to the CONTRACTOR, _�k ty 11 Said deponent is duly authorized to make this affidavit by resolution of the Board of Directors of said company and/or corporation; that deponent knows of his own knowledge that said contract has been complied with in every particular by said subcontractor / supplier and that all parts of the work have been approved by the Owner's Engineers; that there are no bills remaining unpaid for labor, material, or otherwise, in connection with said contract and work, and that there are no suits pending against the undersigned as subcontractor / supplier or anyone in connection with the work done and materials furnished or otherwise under said contract. Deponent further says that the final estimate which has been submitted to the Owner simultaneously with the making of this affidavit constitutes all claims and demands against the Owner on account of said contract or otherwise, and the acceptance of the sum specified in said final estimate will operate as a full and final release and discharge of the Owner from any further claims, demands or compensation by contractor under the above contract. IN WITNESS WHEREOF, Vwe have executed this instrument under sea[ this 2jIQ day of Authorized R-e—p-r4entafive (Signature) SAf VhCtntl�f, �q (A�jj r /A I Printed Name and Title ( I cu L� Mr (SEAL) STATE OF �, 0 6, 01Q COUNTY OF E ii� � a rard- The foreoin? instrument was acknowledged before rn� this —day ofIALLI ? 1) by 11 it C1, f of corporation), on behalf of the corporation, who is personally known to me or has produced (Type of Identification) as identification and who did (did not) take an oath. 00647-1 Hidden Lake Drive & Live Oak Blvd Sidewalk IFB 17/18-69 Swom to and subscr ed to before me this day of� {Signatur 1PSYP�sr, BIBIANAIVONEAGUDIIO ' * MY COMMISSION #P GG 300225 {Print na ;, iian��+ai£ my and State Aforementioned My Commission Expires: END OF SECTION 00647-2 Hidden Lake Drive & Live Oak Blvd Sidewalk IFB 17118-69 Before me, the undersigned authority in said County and State, appeared c_ 7— who be' g firs -duly swpLn, deposes and says that he is � N e,5t d IP of �yurl_ a company an, or corporation authorized to do business under the laws of the State of ot* kc," d Isa subcontractor/supplier/vendor on the Project known as cl�i�Niic located in Seminole County, State of Florida, whose OWNER is City of Sanford The work performed / materials supplied for the Project was furnished to the CONTRACTOR, Said deponent is duly authorized to make this affidavit by resolution of the Board of Directors of said company and/or corporation; that deponent knows of his own knowledge that said contract has been complied with in every particular by said subcontractor / supplier and that all parts of the work have been approved by the Owner's Engineers; that there are no bills remaining unpaid for labor, material, or otherwise, in connection with said contract and work, and that there are no suits pending against the undersigned as subcontractor / supplier or anyone in connection with the work done and materials furnished or otherwise under said contract. Deponent further says that the final estimate which has been submitted to the Owner simultaneously with the making of this affidavit constitutes all claims and demands against the Owner on account of said contract or otherwise, and the acceptance of the sum specified in said final estimate will operate as a full and final release and discharge of the Owner from any further claims, demands or compensation by contractor under the above contract. IN WITN SS WHEREOF, I/we have ex ted this instrument under seal this) ,-) day Of . . ......... Au, ized Repres ntative (Signature) V1 - S.5 CA , , , . . Dr -4A -L - Wjp_s,,t Celnl+ (SEAL) Printed Name and Title STATE OF 'COUNTY OF C),--,) rr��D�a The fore inL10,cl- !�trument was acknowledged before me this ay of (corporation), on behalf of the corporation, who is Je-c. U neL-e_ OGM.-fl-U 91-6�36-0(Type personally known to me or has produced of Identification) as identification and who di(did not) take an oath. MONICA OLIVERA Notary Public - State of Florida Commission # FF 227334] y 1, 0 00647-1 My Comm. Expires May 21, 2019 Bonded through National Notary Assn. ­- 01 Hidden Lake Drive & Live Oak Blvd Sidewalk JFB 17/18-69 SECTION 00647 SUBCONTRACTOR / SUPPLIER'S RELEASE OF LIEN (FINAL AND COMPLETE) Before me, the undersigned authority in said County and State, appeared PpS who, being first duly sworn, deposes and says that he is c� > of Tcrra-(,o-�, rA- - I a company and/or corporation' authorized to do business under the laws of the State of p r- i dA, and is a subContractor/su plier/vendor on the Project known as -5 �h d rt r In I n Ic-F Qr'. a d Li Ve,.,L2 �5 1, V located in Seminole County, State of Florida, whose OWNER is City of Sanford The work performed / materials supplied for the Project was furnished to the CONTRACTOR, --NV W R V e,--C-(iyACye W . Said deponent is duly authorized to make this affidavit by resolution of the Board of Directors of said company and/or corporation; that deponent knows of his own knowledge that said contract has been complied with in every particular by said subcontractor / supplier and that all parts of the work have been approved by the Owner's Engineers; that there are no bills remaining unpaid for labor, material, or otherwise, in connection with said contract and work, and that there are no suits pending against the undersigned as subcontractor / supplier or anyone in connection with the work done and materials furnished or otherwise under said contract. Deponent further says that the final estimate which has been submitted to the Owner simultaneously with the making of this affidavit constitutes all claims and demands against the Owner on account of said contract or otherwise, and the acceptance of the sum specified in said final estimate will operate as a full and final release and discharge of the Owner from any further claims, demgpds or cqmpeimsation by contractor under the above contract. IN PTN WH ,EOF, 1,1#e have executed this instrument under seal this 'Z Q'� day of Au0oKz#'d R-e-prekentative (Signature) Printed Name and Title STATE OF � , 4)I (6 COUNTY OF Ora, -- hp 1i (SEAL) JULIAANN BROWN NOTARY ROX STATE OF FLORIDA MY COMMISSION# GG1832S4 ocAd EXPIRES: OZ1016=22 The foregoing instrument was acknowledged before me this day of A E4 d-()lq by KAof y r41 ,ne. (corporation), on behalf of the corporation, who is :gh 01� J1 personally known to me or has produced (Type of Identification) as identification and who did (did not) take an oath. 00647-1 Hidden Lake Drive & Live Oak Blvd Sidewalk 1FB 17/18-69 Sworn to and subscribed to before me this d-6 4-1- day of AA L4, U I I , 6,", (Sidnature) & (Print name) Notary Public in and for the County and State Aforementioned My Commission Expires: —LL�l JULIAANN BROWN END OF SECTION NOTARY KOX STATE OF FLORIDA My COMMISSION # GG183294 EXPIRES: 02J06rz= 00647-2 Hidden Lake Drive & Live Oak Blvd Sidewalk 1FB 17118-69 Recording Requested by and Return to: Customer: HUFFMAN, INC. FORTERRA PIPE k PRECAST, LLC Project:HIDDEN LAKE DRIVE & LIVE OAK BLVD. Credit Department Rec id:ED626C8B-20E4-4CDE-BE57-150694932223 511 E. JOHN CARPENTER FRWY, SUITE 600 Job #:10976040 IRVING, TX 75062 FLORIDA LIEN WAIVER AND RELEASE FORK (Pursuant to F.S. 713.20) WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of $0.00, hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to xuppxAN, INC. DBA NUWAVX CONCRETE on the job of CITY OF SANFORD PUBLIC WORKS DEPARTMENT, to the following described property: Said project commonly known as the HIDDEN LAKE DRIVE & LIVE OAK BLVD. project, located at , SANFORD, FL 32773. The specific contract information is for Customer Purchase Order #10976040, our Job Or Invoice #10976040. If paid by check, when the check has been Properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release pro tanto any mechanic's lien, stop notice or bond right the undersigned has on the job of CITY OF SANFORD PUBLIC WORKS DEPARTmENT. FINAL - PAID IN FULL SPECIAL INSTRUCTIONS THAT APPLY TO THIS RELEASE Dated 05/22/2019 for FORT ZRRA PIPE & PRECAST, LLC Credit Department, 511 S. JOHN CARPENTER FRWY, SUITE 600, IRVING, TX 75062 Signed BY: CATHY ALTAMERO, NATIONAL LIEN ADMIN. Telephone: (469) 458-7973 Fax: (469) 275-9653 NOTICE: THIS DOCUMENT WAIVES AND RELEASES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING Up THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID OR YOUR CHECK HAS BEEN RETURNED By THE BANK. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORK. (Notary Form Attached) ACKNOWLEDGMENT BY NOTARY PUBLIC State of Texas County of DALLAS) Before me, C. DONNESE HUNTER, NOTARY PUBLIC, personally appeared: CATHY ALTAMERO, known to me, or proved to m through: (Describe Verification) - rA I to be the person(s) whose name is subscribed to the foregoing instrument and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this: Z?— _ day of A.D., Z019 C. DONNESE HUNTRJ,' Signature 0, , (Seal) CDONNESEHUNTER 0. Notary Public Rate of Texas 6 # 1184023.4 MyComm.Ex iresOl-18-2020