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2145 IFB 18/19-60, Mayfair Country Club Storage Faciity Rehab11FORp a 4 OF U ?^ FINANCE DEPARTMENT To: City Cler ayor RE: \FT -2, X$1Q— k, The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Final Plat (original Mylar's) ❑ Letter of Credit ❑ Maintenance Bond ❑ Ordinance ❑ Performance Bond ❑ Resolution Once completed, please: Return originals to Purchasing- Department Return copies Special Instructions: 1-,&� 13oja4zi jeAr From SharePoint_Finance_Purchasing_Forms - 2018.doc Mayor's signature Recording Rendering ❑ Safe keeping (Vault) ❑ Deputy City Manager ❑ Payment Bond ❑ City Manager Signature ❑ City Clerk Attest/Signature ❑ City Attorney/Signature \-Lk'A\lg Date C�- CITY OF S ORD FINANCE DEPARTMENT SECTION 00605 Executed In 3 Counterparts Bond No. GS56000113 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that Boulevard Contractors Corp. (Name of CONTRACTOR) 5840 Red Bug Lake Rd., Suite 690, Winter Springs, FL 32708 Phone: (410) 356-8060 (Address of CONTRACTOR) a Corporation , hereinafter called (Corporation, Partnership or Individual) Principal, and The Gray Insurance Company (Name of Surety) PO Box 6202. Metairie LA 70009-6202 Phone: (504) 888-7790 (Address of Surety) hereinafter called Surety, are held and firmly bound unto 1) City of Sanford* hereinafter called OWNER, in the full and just Sum of Two Hundred Fourteen Thousand Five Hundred and 00/100 DOLLARS ($ 214.500.00— ---- —---- ----------- ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred ten percent (110%) of the Contract Price. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with the OWNER, dated the kqnay of Y1DV YX1)Qe V, , 00\a a copy of which is hereto attached and made a part hereof for the construction of IFB 18/19-60 Mayfair Country Club Storage Facility Rehab, 3536 Country Club Road, Sanford, FL 32773 1) Name of Owner 2) Name of Project identified in Instructions to Bidders This bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes and the Agreement referenced above, as the same may be amended. The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that if Principal: Promptly and faithfully performs its duties, all the covenants, terms, conditions, and agreements of said Agreement including, but not limited to the insurance provisions, guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement, and IFB 18/19-60 MAYFAIR COUNTRY CLUB STORAGE FACILITY REHAB Due September 26, 2019 00605-1 " 300 N. Park Ave., Sanford, FL 32771; Phone: (407) 688-5028 t.>t+F01[Xy CITY OF �.� D FINANCE • 2. Pays OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' fees, including costs and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by Principal under the Agreement, and 3. Satisfies all claims and demands incurred under the Agreement, and fully indemnifies and holds harmless the OWNER from 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 and the Contract Documents of which the Agreement is a part. 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 the OWNER for all such loss or damage. 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 of this Performance Bond. The Surety stipulates and agrees that its obligation is to perform the Principal's work under the Agreement under the Bond. The following shall not be considered performance under the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and (iii) Surety's election to do nothing under the Bond shall be construed as a material breach of the 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 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 Price. In any event, the Principal's Contract Time is of the essence and applicable delay damages are not waived by OWNER. The 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 and effect notwithstanding (i) amendments 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 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 any IFB 18/19-60 MAYFAIR COUNTRY CLUB STORAGE FACILITY REHAB Due September 26, 2019 00605-2 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 under the Agreement and 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 waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to the Agreement and Contract Documents. The Performance 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 common law rights more expansive than as required by statute. The Surety agrees that this Bond shall be construed as a common law bond. IN WITNESS WHEREOF, this i strument is executed this the ` day of #V Notary Public State of Florida 4P Rebecca Burns Boulevard Contractors Corp. ATTEST: My Commission FF 974489 Principal (Contractor) ,-) r ri, Expires 03/23/2020 1��� �n Typed Name (CORPORATE SEAL) (Witness to Principal) Typed Name ATTEST: ('Surety) Secretary IFB 18/19-60 MAYFAIR COUNTRY CLUB STORAGE FACILITY REHAB Cue September 26, 2019 00605-3 By (Signature) Typed Name and Title 5840 Red Bug Lake Rd., Suite 690 Address Winter Springs, FL 32708 City, State, Zip (410) 3s6-11060 (410)356-8061 Telephone No. Facsimile No. The Gray Insurance Company Surety C21 • DEPARTMEW Susan L. Reich Typed Name (CORPORATE SEAL) Witnss as to Surety U Jenna Delgado Ty ame Witness as to ur t Whitney Quillin Typed Name (504) 888-7790 (504) 780-9211 Telephone No. Facsimile No. x By:a)�:49- A ell a Attorney -in -Fact & FL Licensed Resident Agent Gloria A. Richards* Typed Name PO Box 6202 Address Metairie LA 70009-6202 City, State, Zip (504) 888-7790 (504) 780-9211 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 the 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 Inquiries: (407) 786-7770 IFB 18119-60 MAYFAIR COUNTRY CLUB STORAGE FACILITY REHAB Due September 26, 2019 00605-4 crap hereinafter called Surety, are held and firmly bound unto 1) City of Sanford* hereinafter called OWNER, in the full and just Sum of Two Hundred Fourteen Thousand Five Hundred and 00/100 DOLLARS ($ 214,500.00--------------------- ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred ten percent (110%) of the Contract Price. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with the OWNER, dated the Vinay of Vz—,412 mbev, , WLQ a copy of which is hereto attached and made a part hereof for the construction of 2)_ IFB 18/19-60, Mayfair Country Club Storage Facility Rehab, 3536 Country Club Road, Sanford, FL 32773 1) Name of Owner 2) Name of Project identified in Instructions to Bidders The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. 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: This Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as the same may be amended. IFB 18/19-60 MAYFAIR COUNTRY CLUB STORAGE FACILITY REHAB Due September 26, 2019 00610-1 * 300 N. Park Ave., Sanford, FL 32771; Phone: (407) 688-5028 SECTION 00610 Executed In 3 Counterparts Bond No. GS56000113 PAYMENT BOND M ct' N KNOW ALL MEN BY THESE PRESENTS: that i Boulevard Contractors Corp. M (Name of CONTRACTOR) '-� w 5840 Red Bug Lake Rd., Suite 690, Winter Springs, FL 32708 Phone: (410) 356-8060 -d (Address of CONTRACTOR) 121 a Corporation hereinafter called U' (Corporation, Partnership or Individual) a� Principal, and The Gray Insurance Company > (Name of Surety) x a PO Box 6202. Metairie, LA 70009-6202 Phone: (504) 888-7790 -7: (Address of Surety) hereinafter called Surety, are held and firmly bound unto 1) City of Sanford* hereinafter called OWNER, in the full and just Sum of Two Hundred Fourteen Thousand Five Hundred and 00/100 DOLLARS ($ 214,500.00--------------------- ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred ten percent (110%) of the Contract Price. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with the OWNER, dated the Vinay of Vz—,412 mbev, , WLQ a copy of which is hereto attached and made a part hereof for the construction of 2)_ IFB 18/19-60, Mayfair Country Club Storage Facility Rehab, 3536 Country Club Road, Sanford, FL 32773 1) Name of Owner 2) Name of Project identified in Instructions to Bidders The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. 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: This Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as the same may be amended. IFB 18/19-60 MAYFAIR COUNTRY CLUB STORAGE FACILITY REHAB Due September 26, 2019 00610-1 * 300 N. Park Ave., Sanford, FL 32771; Phone: (407) 688-5028 LITY OF ORD FI NAKEDEWTA"T 2. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or supplies shall, within forty-five (45) days after beginning to furnish labor, Materials or supplies for the prosecution of the Work, furnish 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, Materials or supplies shall within ninety (90) days after performance of the labor or completion of delivery of the Materials or supplies, or, with respect to rental equipment, within 90 days after the date that the rental equipment was last on the job site available for use, deliver to the 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 the 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. 3. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent, (ii) waivers of compliance with or any default under 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 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 any such proceeding. 4. Any changes in or under 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 waives notice of any such changes. Further, Principal and Surety 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. 5. The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. IN WITNESS WHEREOF, this instrument is executed this the Q111-1 day of nCNern Lat' , �p N Notary Public State of FWda Rebecca Burne ATTEST: map My Commission FF 974468 i" � � ,ar' Exolres 03/23/2020 IFB 18/19-60 MAYFAIR COUNTRY CLUB STORAGE FACILITY REHAB Due September 26, 2019 00610-2 Boulevard Contractors Coro. Principal (Contractor) By (Signature) SAV. r, <�eaf ria s 5 P ciry aF S ORD FNMI[EDEPART REW Typed Name Typed Name and Title 5840 Red Bug Lake Rd., Suite 690 (CORPORATE SEAL) Address Winter Springs, FL 32708 City, State, Zip (410) 356-8060 (410)356-8061 (Witness to Principal) Telephone No. Facsimile No. Typed Name ATTEST: (Surety) Secretary Susan L. Reich Typed Name (CORPORATE SEAL) Wi ess as to Surety Jenna Delgado T Na e Itness as t r ty Whitnev Quillin Typed Name The Gray Insurance Company S u rety (504) 888-7790 (504) 780-9211 Telephone No. Facsimile No. B: Y Attorney -in -Fact & FL Licensed Resident Agent Gloria A. Richards" Typed Name PO Box 6202 Address Metairie LA 70009-6202 City, State, Zip (504) 888-7790 (504) 780-9211 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. IFB 18/19-60 MAYFAIR COUNTRY CLUB STORAGE FACILITY REHAB Due September 26, 2019 00610-3 * Inquiries: (407) 786-7770 x:r sS ORD END OF SECTION IFB 18119-60 MAYFAIR COUNTRY CLUB STORAGE FACILITY REHAB Due September 26, 2019 00610-4 Florida Surety Bonds 11/04/2019 11:26 2533440024882 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number: GS56000113 Principal: Boulevard Contractors Corp. Project: IFB 18/19-60, Mayfair Country Club Storage Facility Rehab KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint Susan L. Reich, Jeffrey W. Reich, Kim E. Niv, Teresa L. Durham, Cheryl Foley, Gloria A. Richards, Robert P. O'Linn, and Sarall K. O'Linn of Maitland, Florida jointly and severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $10,000,000.00. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following" Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 261i day of June, 2003. "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the 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 signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 12" day of September, 2011. 5-40 e �E 10 Michael T. Gray a SEAL 9 By: President, The Gray Insurance Company Vice President, The Gray Casualty & Surety Company State of Louisiana ss: Parish of Jefferson On this 121h day of September, 2011, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company and Vice President of The Gray Casualty & Surety Company, and Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. a""aa Lisa S. Millar, Notary Public, Parish of Orleans State of Louisiana My Commission is for Life I, Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies, this day of SEAL SEAL Mark S. Manguno, Secretary Ak �b The Gray Insurance Company The Gray Casualty & Surety Company sJryTYs Attest: Mark S. Manguno o1 SEAL Secretary, y� The Gray Insurance Company, The Gray Casualty & Surety Company ss: Parish of Jefferson On this 121h day of September, 2011, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company and Vice President of The Gray Casualty & Surety Company, and Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. a""aa Lisa S. Millar, Notary Public, Parish of Orleans State of Louisiana My Commission is for Life I, Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies, this day of SEAL SEAL Mark S. Manguno, Secretary Ak �b The Gray Insurance Company The Gray Casualty & Surety Company