Loading...
2416 IFB 21/22-20 Orange Ave Enterprises LLC - Perf BondM SCANNE CITY OF S,,kNF01W FINANCE DEPARTMENT Wednesday, April 27, 2022 Fix I 111,111ynfi P, TO: City Clerk RE: lFB 21/22-20 Reconstruct Two Homes CQ M The item(s) noted below is/are attached and forwarded to your office for the following action(s): F-1 Development Order F-1 Mayor's signature F-1 Final Plat (original mylars) F-1 Recording F-1 Letter of Credit ❑ Rendering F-1 Maintenance Bond ❑ Safe keeping (Vault) ❑ Ordinance ❑ Deputy City Manager Performance Bond Z Payment Bond ❑ Resolution 0 City Manager Signature ❑ F-1 City Clerk Attest/Signature F-1 City Attorney/Signature Once completed, please: Fj Return originals to Purchasing- Department [-] Return copies El Special Instructions: Paul Smlt����� Purcb4fsipg_'Coordinator 27-Apr-22 L­" From Date T:\Dept_fomis\City Clerk Transmittal Memo - 2009.doc Bond No. 608-102649-9, Executed in 2 Counterparts SECTION 00605 PERFORMANCE BOND (100% of Contract Price) Project Name: Reconstruct Two (2) Homes- Sanford FL City Contract No.: IFB No. 21/22-20 Contractor Name: Orange Avenue Enterprises LLC Address: 801 W. 1 st Street Sanford, FL 32771 Phone No.: 321-926-3151 Surety United States Fire Insurance Company 305 Madison Avenue Morristown. NJ 07960 973-490-6600 Owner Name: City of Sanford Cn Address: 300 N. Park Ave. 6 an a Sanford, FL, 32771 C Phone Na.: 407-688-5028 U a. __J KNOW ALL MEN BY THESE PRESENTS that 0 =3 The above named Contractor, as Principal, and the above named Surety, as SURETY, are held OJ M and firmly bound unto the Owner, the City of Sanford, a Political Subdivision of the State of Florida, " V) _0 in the full and just sum of $ 558,150.00 C , lawful money of the United M States of America, to the payment of which sum, well and truly to be made, the Contractor and 44 SURETY bind themselves, their representatives, and each of their heirs, executors, M administrators, successors and assigns, jointly and severely, firmly by these presents. M Z The Project is located at: 909 E. 8th Street and 1407 W. 12th Street, Sanford, FL 32771 General description of the Work: Clear and prepare lots and construct two (2) new dwellings. WHEREAS, the Contractor has by written Agreement dated..& Rr I //. , 20 _k:)-- -,entered into a Contract with the Owner for IFB No. 21/22-20 for the project entitled Reconstruct Two (2) Homes- Sanford FL with conditions and provisions as are further described in the aforementioned Agreement, which Agreement is by reference made a part hereof for the purpose of explaining this bond. 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 IFB 21122-20 Reconstruct Two (2) Homes PERFORMANCE BOND GRANT MALOY, SEMINOLE COUNTY 00606-1 (100% of Contract Price) CLERK OF CIRCUIT COURT & COMPTROLLER CFN#2022046381 Bk:10219 Pg:1393-1401(9Pgs) REC: 04/19/2022 9:44:52 AM by jeckenroth RECORDING FEES $78.00 of said Contract including, but not limited to the insurance provisions, guaranty period and the warranty provisions, in the time and manner prescribed in the Contract, and Pays Owner all, kzgaee' danloQeo' delay damages (liquidated or actual), axpenses, ooe1m and fees, including costs and attornev'sfees on appeal that OwnersuStaiDS resulting directly orindirectly from any breach ordefault bvPrincipal under the Contract, then this bond is void; otherwise it ehoU remain in full force and effect. 1. Whenever Contractor shall be, and declared by Owner to be in default under the Con1naCt, the Owner having performed Owner's obligations thereunder, the SURETY shall promptly remedy the default or shall promptly: A. Complete the Contract |Oaccordance with its terms and conditions; Dr B. Expeditiously obtain obid orbids for completing the Contract inaccordance with its terms and conditions, and upon determination by SURETY of the lowest responsible qualified bidde[, aVV8Pd a contract; or, if the {]vvne[ elects, VpOO determination by the Owner and the SURETY jointly of the lowest responsible bidder, to have the SURETY arrange for a contract between such bidder and Owner, and for the SURETY to make available as Work progresses sufficient funds to pay the cost of completion less the balance of the Contract price (even though there should be adefault Drasuccession ofdefaults under the contract or contracts of completion arranged under this paragraph). The term "balance of the Contract price," as used in this Bond, mhoU mean the total amount payable byOwner to Contractor under the Contract and any approved change orders thereto, |eao the amount properly paid by Owner to Contractor. The SURETY shall pay Owner all remaining losses, delay and disruption damages, eXpenseS. costs, and statutory attorney'ofeeo. including appellate proceedings, that Owner sustains because of odefault bvContractor under the Contract. 2. Any changes h7o[under the Contract Documents (which include the Plans, Drawings, and Specifications) and compliance ornoncompliance with any formalities connected with the Contract or the changes therein ahoU not affect 8URETY'o obligations under this Bond and SURETY hereby waives notice ofany such changes, 3. The SURETY's monetary obligations to the Owner shall not be reduced by legal fees and coots incurred by the SURETY arising out ofContractor's default. 4. The SURETY, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional orcontingent upon Owners pursuit ofits remedies against Principal, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Contract entered into by Owner and Principal without the SURETY's knowledge or consent (ii) waivers of compliance with terms of the Contract granted by Owner to Principal without the GURETY's knowledge or consent, or /iii\ the discharge ofPhnnipo|�orn�nobligations under the (�ontoaotaoan*ou�ofany proceeding initiated under the Bankruptcy Code of1S7O,00the same may be amended, or any similar state or federal law, or any limitation of the liability of Principal or its estate as o result nfany such proceeding. RB21122-2oReconstruct Two (2)Homes PERFORMANCE BOND (100% of Contract Price) The Surety shall indemnify and hold the Owner harmless from any and all claims and damages, arising from the Contractor's default under the Contract including, but not limited to, contractual damages, expenses, costs, injury, negligent default, or intentional default, patent infringement and actual damages in accordance with the Contract. 6. In the event that the SURETY fails to fulfill its obligations under this Performance Bond, then the SURETY shall 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 from the SURETY's failure to fulfill its obligations hereunder. This paragraph shall survive the termination or cancellation of this Performance Bond. 7. The Contractor shall save the Owner harmless from any and all damages, expenses and costs which may arise by virtue of any defects in said work or materials within a period of two (2) years from the date of Final Completion of the Project. 8. 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 'a- 'JL- A TTES T.- PRINCIPAL/CONTRACTOR By: Secretary Typed Name of Secretary (CORPORATE SEAL) (Witness to CONTRACTOR) Michael Rice Typed Name (Witness to CONTRACTOR) KT Typed Name IFB 21/22-20 Reconstruct Two (2) Homes Orange Avenue Enterprises LLC PRINCIPAL / CONTRACTOR By: CONTRACTOR Signatory Authority Anthony Roy, Owner Typed Name and Title 801 W. 1 st Street Address Sanford, FL 32771 City, State, Zip 321-926-3151 Telephone No. Facsimile No. 00605-3 PERFORMANCE BOND (100% of Contract Price) ATTEST.' (SURETY) Secretary Susan L. Reich Typed or Printed Name Witness as to SURETY Coralise Medal Typed or Printed Name Wit �e ss�o S W� 01aziliffil United States Fire Insurance Company V J, SURETY By: Teresa L. Durham* Typed or Printed Name Attorney -In -Fact & FL Licensed Resident Agent Title 305 Madison Avenue Address Morristown, NJ 07960 City, State, Zip Hieneka Harrington 973-490-6600 973-490-6849 Typed or Printed Name Telephone No. Facsimile No. *Florida Surety Bonds, Inc. 620 N. Wymore Rd., #200 Maitland, FL 32751 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 Perform ance/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. IFB 21122-20 Reconstruct Two (2) Homes END OF SECTION 00606-4 PERFORMANCE BOND (100% of Contract Price) Bond No..608-102649-9, Executed in 2 Counterparts SECTION 00610 PAYMENT BOND (100% of Contract Price) Project Name: Reconstruct Two (2) Hornes- Sanford FL City Contract No.: IFB No. 21/22-20 Contractor Surety Name: Orange Avenue Enterprises LLQ United States Fire Insurance Company Address: 801 W. 1st Street 305 Madison Avenue Sanford, FL 32771 Morristown, NJ 07960 Phone No.: 321-926-3151 973-490-6600 Owner Name: City of Sanford Address: 300 N. Park Ave. Sanford, FL. 32771 Phone No.: 407-688-5028 KNOW ALL MEN BY THESE PRESENTS that The above named Contractor, as Principal, and the above named Surety, as SURETY, are held and firmly bound unto the Owner, the City of Sanford, a Political Subdivision of the State of Florida, in the full and just sum of $ 558,150.00 , lawful money of the United States of America, to the payment of which sum, well and truly to be made, the Contractor and SURETY bind themselves, their representatives, and each of their heirs, executors, administrators, successors and assigns, jointly and severely, firmly by these presents. The Project is located at: 909 E. 8th Street and 1407 W. 12th Street, Sanford, FL 32771 General description of the Work: Clear and prepare lots and construct two (2) new dwellings. WHEREAS, the Contractor has by written Agreement dated 9?1-?r I /Z , 20 22 -,entered into a Contract with the Owner for IFB No. 21/22-20 for the projectentitie­d Reconstruct Two (2) Homes- Sanford FL , with conditions and provisions as are further described in the aforementioned Agreement, which Agreement is by reference made a part hereof for the purpose of explaining this bond. IFB 21122-20 Reconstruct Two (2) Homes PAYMENT BOND (100% of Contract Price) 00610-1 NOW, THEREFORE, the condition ofthis obligation h;ouchthatifPhmcipa|ehaUpromnt'promptly make payments to all claimants as defined in Section 255.O5U), Florida Statutes, supplying'Pincipa| with labor, Materials, orsupp|ie� o.uaeddireo�k/orindina� b«Principal inthe prosecution ofthe Work provided for in the Agreement, then this obligation shall be void; CdhenNise, it shall remain in full force and effect subject, hovvever, bzthe following conditions: This Payment Bond is furnished for the purpose of complyingwith the requirements of Section 255.O5.Florida Statutes, as same maybe amended. 2. Any action instituted by a olainnord under this Bond for payment must be in accordance with the notice and time limitation provisionsin8aotiono255.O5(2)and255.O5MOA.F|orkda 3. This Payment Bond is conditioned that Contractor shall promptly make payments to all persons defined in Section 713.01. Florida Gtatutee, whose claims derive from the prosecution of the Work provided for in the Contract. zi Pursuant to Section 255]}5, Florida Statutes, e clainlant, except o laborer, who is not in privity with the Contractor shall, before commencing ornot later than forb+fve(4�\daya after commencing to furnish |Gbor, services, or rnatehaiefor the prosecution of ' ' Work, serve the contractor with aVYhtteD notice that he or she intends to look to the Bond for protection. Aclaimant who is not in privity with the Contractor and who has not received payment for furnishing his or her labor, services, or materials shall serve a written notice ofnonpayment on the Contractor and on the SURETY. The notice ofnonpayment shall be under oath and served during the progress of the Work or thereafter but may not be served earlier than hJrb+fVe (45) days after the first furnishing of labor, sen/ices. or nnabario|s by the claimant or later than ninety (90) days after the final furnishing of the labor, services, or materials by the claimant or, with respect to rental equipment, later than ninety (90) days after the date that the rental equipment was last on the job site available for use. 5` The time periods for service ofonotice ofnonpayment mrfor bringing mnaction against a Contractor or a Surety shall be measured from the last day of furnishing labor, services, or materials by the claimant and may not be measured by other standards, such as the issuance of a certificate of occupancy or the issuance of G certificate of substantial completion. O. An acbon, except an action for recovery of retainage, must be instituted against the actor orthe SURETY Dnthe payment bond within one (1)year after the performance labor orcompletion ofdelivery ofthe materials orsupplies. Anaction for recovery oYretainmgemust beinstituted against the Contractor orthe SURETY within one (1\year after the pe�onnanoeof the labor orconnp|ebonofdelivery ofthe metmhe!oorau' 'i pp/ea. 7. The ohornant shall have a cause of action against the Contractor and SURETY for the amount due him or her, including unpaid finance charges due under the claimant's contract. Such action may not involve the Owner inany expense. !F821/%2'@0Reconstruct Two (2)Homes PAYMENT BOND 00610~2 (1UV%ofContract Price) Any changes in or under the Contract or Contract DVCUnleVts and compliance or non- compliance with any formalities connected with the Contract Orthe changes therein shall not efhaot SURETY'e obligations under this Payment Bond and SURETY hereby waives nOUCG of any such changes. Further, Principal and SURETY 8CkDDvv|edg8 that the sum of this Payment Bond shall increase or decrease in accordance with the Change Orders (unilateral or directive Change Ordgna and bilateral change orders) or other modifications to the Contract or Contract Documents. This Payment Bond eho|| not cover any components V[materials directly purchased and paid for bythe Owner. S. The Performance Bond and this Payment Bond and the covered amounts of each are separate and distinct from each other. This pavOO8nt Bond shall be construed as a statutory Payment Bond under Section 255.05. Florida Gtatutee, and not 000common law bond. IN WITNESS WHEREOF, this instrument ieexecuted this 7-4 day of By: Secretary Typed Name VfSecretary (CORPORATE SEAL) to CONTRACTOR) Michael Rice Typed Name (Witness to CONTRACTOR) Typed Name |F821122-20 Reconstruct Two CgHomes PRINCIPAL/CONTRACTOR Orange Avenue Enterprises LLC PRINCIPAL / CONTRACTOR By: CONTRACTOR Signatory Authority Anthony Typed Name and Title 8D1W.1st Street Address Sanford, FL 32771 City, State, Zip 321-926-3151 Telephone No. Facsimile No. PAYMENT BOND ATTEST. - (SURETY) Secretary Susan L. Reich Typed or Printed Name P - 0 Witness as to SURETY Coralise Medal r o Typed Printed Name or to S i e s as to SURl Hieneka Harring:n Typed or Printed Name SURETY United States Fire Insurance Company SURETY Teresa L. Durham' Typed or Printed Name CO'IrA Attorney -In -Fact & FL Licensed Resident Agent Title 305 Madison Avenue Address Morristown, NJ 07960 City, State, Zip 973-490-6600 973-490-6849 Telephone No. Facsimile No. *Florida Surety Bonds, Inc. 620 N. Wymore Rd., #200 Maitland, FL 32751 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 �operate in the State of Florida. Attorneys -in -fact who sign Bid Bonds or Performance/Payment 8-Inds 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. IFB 21122-20 Reconstruct Two (2) Homes END OF SECTION 00610-4 PAYMENT BOND (100% of Contract Price) J Attorney -In -Fact & FL Licensed Resident Agent Title 305 Madison Avenue Address Morristown, NJ 07960 City, State, Zip 973-490-6600 973-490-6849 Telephone No. Facsimile No. *Florida Surety Bonds, Inc. 620 N. Wymore Rd., #200 Maitland, FL 32751 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 �operate in the State of Florida. Attorneys -in -fact who sign Bid Bonds or Performance/Payment 8-Inds 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. IFB 21122-20 Reconstruct Two (2) Homes END OF SECTION 00610-4 PAYMENT BOND (100% of Contract Price) J POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE- MORRISTOWN, NENV JERSEY 009Gi22 KNOW ALI, MEN BY THESE, PRESENTS: 'that United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Jeffrey W Reich, Susan L. Reich, Kim E. Nir, Cheryl A. Foley, Robert A O'Linn, Gloria A. Richards, Teresa L. Drrrhanr, Sarah K. O'Llun, Eerily J. Golecki, Lisa A. Roseland each, its true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stood, to execute, acknowledge and deliver: Any and all bonds and undertakings ofsurety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Seven Million, rive Hundred Thousand Dollars ($7,500,000). 'ibis Power of Attorney limits the act orthose named therein to the bondsand undertakings specifically named therein, and they have no authority to bind United States Fire insurance Company except in the manner and to the extent therein stated, This Power of Attomey revokes all previous Powers of Attorney issued on behalf of the Attorneys -in -fact named above and expires on January 31, 2023. This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in fill force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of file Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shalt have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations crony powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III, Officers, Section 3.1 1, Facsimile Signatures. The signature of away officer authorized by the Corporation to sign any bonds, guarantees, undertakings, reeogni7ances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, ofsuch officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN 1Yri-NESS WHEREOF, United States Fire insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 28'4 day of September, 202 L UNITED STA,rES FIRE INSURANCE COMPANi' Matthew E. Lubin, President State of New Jersey j County ofMorris j On this 281h day of September, 2021, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurdnce Company thereto by the authority of his office. 'z�1' al�'' tr �1''fc'ii • Melissa H. D'Alessio (Notary Public) I, the undersigned officer of United States Fire insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. ri�- IN 11'�r NESS 11'HEREOF, I have hereunto set my hand and affixed tite corporate seal of United States Fire Insurance Company on the /f day of j9PRZ C 20 2.'L UNITED STATES FIRE INSURANCE COMPANY Alfred N. Wright, Senior Vice President A� FLORIDA SURETY BONDS, INCO City of Sanford 30UN.Park Ave. Sanford, FL 32771 RE: AUTHORITY TDDATE BONDS AND POWERS C)FATTORNEY Principal: OrmngeAvenue Enterprises LLC Bond No: G08-1O204Q'Q Project: |FB No. 21/23-20. Reconstruct Two (2) Homes- Sanford FL 60M. Wyinore Road, SUite 200 Maitland, Fl- 32751 407'7067770 Fam407'706'7766 888-786-BOND(2663) Please be advised that as Surety on the above referenced bond, executed on your behalf for this project, wmhereby authorize you toinsert the contract date onto the contract bonds and oowom of attorney. Once dated, please email to coral|se@flohdasuretybonde.com or fax a copy of the bonds to our office at (407) 786-7766. Si United States Fire Insurance Company Teresa LDurham Attorney -In -Fact 8Florida Licensed Resident Aqent