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