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954-Central Florida EnvironmentBond No.: 54-122873 THE AMERICAN INSTITUTE OF ARCHITECTS Executed in 4 Counterparts AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that Central Florida Environmental Corporation (Here insert full name and address or legal title of Contractor) 740 FL Central Pkwy, Suite 2032, Longwood, FL 32750 (407) 834-6115 as Principal, hereinafter called Contractor, and, United Fire & Casualty Company 118 Second Avenue SE, Cedar Rapids, IA 52401 (319) 399-5700 as Surety, hereinafter called Surety, are held and firmly bound unto City of Sanford 300 N. Park Avenue, Sanford, FL 32771 (407) 330-5613 (Here insert full name and address or legal title of Surety) (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of FIVE HUNDRED FIFTEEN THOUSAND ONE HUNDRED FORTY-SIX AND 60/100THS Dollars ($ ---515,146.60---- ). for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated (Here insert full name and address and description of project) October 772002 , entered into a contract with Owner for PO# 025875, Pipeline Drainage Replacement at Pine Avenue, 5th St. to 7th St., Sanford FL in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AmA DOCUMENT A31 t · PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND. · AmA ® 1 FEBRUARY 1970 ED. · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N,Y AVE, N.W., WASHINGTON, D.C 20006 f~oRid~ , ~a~ 222 S. Westmonte Drive, Suite 211 Rt 15,' ~ Altamonte Springs, FL 32714 r~ds b.(,'"~' (407) 786-7770 PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor, Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. Signed and sealed this 10th day of October / (Witness) Central Florida Environmental Corporation /J (Princi_p?) (Seal) (Witness) United Fire & Casualty Company (Surety) Patricia L. Slaughter, (7~tfe) Attorney-in-Fact & (Seal) Flodda Licensed Resident Agent Inquiries: (407) 786-7770 AIA DOCUMENT A311 * PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BONO. · AIA ® 2 FESRUARY 1970 ED · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., NW., WASHINGTON, O C 20006 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No.: 54-122873 Executed in 4 Counterparts AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Central Florida Environmental Corporation (Here insert full name and address or legal title of Contractor) 740 FL Central Pkwy, Suite 2032, Longwood, FL 32750 (407) 834-6115 as Principal, hereinafter called Principal, and, United Fire & Casualty Company (Here insert full name and address or legal title of Surety) 118 Second Avenue SE, Cedar Rapids, IA 52401 (319) 399-5700 as Surety, hereinafter called Surety, are held and firmly bound unto City of Sanford (Here insert full name and address or legal title of Owner) 300 N. Park Avenue, Sanford, FL 32771 (407) 330-5613 as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the amount of FIVE HUNDRED FIFTEEN THOUSAND ONE HUNDRED FORTY-SIX AND 60/100THS (Here insert a sum equal to at least one-half of the contract price) Dollars {$ -----515,146.60 ..... ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated October 7, 2002 , entered into a contract with Owner for (Here insert full name and address and description of project) PO# 025875, Pipeline Drainage Replacement at Pine Avenue, 5th St. to 7th St., Sanford FL in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 · PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND' · AIA ® 3 FEBRUARY 1970 ED, · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NY. AVE., N.W. WASHINGTON, D.C 20006 ooRid~, ~-~ 222 S. Westmonte Drive, Suite 211 IR[I~ ~ Altamonte Springs, FL 32714 ~cli I~F~'- (407) 786-7770 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner, or the surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. THIS BOND HEREBY IS AMENDED SO THAT THE PROVISIONS FOR TIME, NOTICE AND OTHER LIMITATIONS OF SECTION 255.05 OR SECTION 713.23, FLORIDA STATUTES, WHICHEVER IS APPLICABLE, ARE INCORPORATED HEREIN BY REFERENCE. Signed and sealed this 10d~ day of October 2002 (Witness) Central Florida Environmental Corporation ~ (Principal) (Seal) (Title) '/ (Witness) United Fire & Casualty Company (Surety) (Seal) Patricia L. Slaughter, (~i~) Attorney-in-Fact & Florida Licensed Resident Agent Inquiries: (407) 786-7770 AIA DOCUMENT A311 · PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND' · AIA ® 4 FEBRUARY 1970 ED, · THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 N.Y, AVE, N W. WASHINGTON, D.C 20006 1 UNITED FIRE & CASUALTY COMPANy HOME OFFICE - CEDAR RAPIDS, I01NA CERTIFIED COPY OF POWF. R OF ATTORNEY (Orig!nai on file ~t Home Office of C°mpar~y - see CertificatiOn) KNOW ALL MENBy THE~E ~ENTS That the UNITED FIRE & CASUALTY COMPANY. s corporation duly O~ized and existing Under the Iaws of the Stste of Iowa. ~'~d having its pr~ipsl office in Ced~' RapidS; State of Iowa. ~e; conSti~ and apPO~at LESLIE K~E E? OR JEFFE=¥ W. REICH, OR REICH; OR TERESA L. ROBINSON, OR PATRiCIA L~ SLAUGHTERi OR J. GREGORY MACKENZIE, ALL INDIVIDUALLY 222 S wEsTI(ONTE DR ALTANONTE SPRINGS FL 32714 and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the Huts of said Attorney. pursuant to the authority hereby given ars hereby ratified and confirmed. The AuthoritY bereby granted shall expire D~CE](HER 2Otb 2oO3 u~ess soonsrrevc~ed~ This is made and exeCUted pursuant to and by ~rity of the following By-Law duly m~oPtsd by the "Artisic V - Surety Bonds and Undertakings." t~ Com~ iI the o~*lg~il ~u~e of ~lleh offioW end the ofl~iall leal of the Company, to he valid i~d binding UPO~ the ~ with the i~lm President er ~y Vkm prethiaat[ the Board of oeeetom or e~y mhe~ of flce~ of the Comf~ my at i~/ilml revohe ill SeWer e~d a~Jtix~ty~ IN W~ WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these preSsn{s to be signed by its vice president end it~ corporate seal to be hereto efftxed this  20~h day of DECEESER ~of Iowa~ County Of L!nn, as: .A.D. 2001 UNfeD ERE & C~TY cOMPaNY On this 20th day of DECEMBER 2001. before me personaily can~ P~LRDY P.A[v~O to me k~own, who being duly sworn, did depose and say: that he resides in Cedar ~i~ stol Of iOWa; that he iS a Vice President of the UNITED FIRE & CASUALTY COMPANY. the corporation described inand Which eXecUted the al3Ove instrum~ th~ he knows the ascii Of said ~Orporlt!on; t~ the ~ ~ffixed to the Slid )fistrument is SUCh corse seiki that it was so affixed Directors Pursuant to like authoritY~ and ~knOWl~ lame :~0 be ~ act and ~d Of asid collation- p~e~ of Attorney. with the ORIGINALS ON F~I; IN THE ~ OFFICE ~ SAID COMPANY; and that the same are ~cor~ect transcripts thereOf; and bfths whole Of th~ Slid originalS, and that Power of Attorney has not bee~ reVOked and is now in full f~,-s and effecL O In testimony wh.reof I have h.eunto subscribed my --. and .ffixed the corporate s... of the said ComPany this t~deY of 20 02 MINUTES ~coum 001-5051-572-63-72; (6) Apl~ove Saaford Hedge Fez~al me of City Hal Courtyard Thumday, Sep~,~; 26 fl-aouSh Sunday, Sel~mb~ 29, 2002; author~e t o waive all fees for ~moval o f ele~ttlc ~nes ami s~'eet llghis to accommodate ~Nvay ride~ a~d perfom~mce sl~e; ~ad m~thorize ~o v~ve $100.00 ~eworks i~t fee; (~ ~ 9/1 ! R~mnlmmce Ceam~ony s~xm~ clo~a~ of Seminole Boulmn~ from My~le Avenue to Hood Avem~ on S~pt~rmber 11, 2002, from g:30 A.M. m 11:30 A34.; and amhori~ to wab~ all ~n~g Sar~ord l~e Del~mme~, agomor; and ($) Apinove one-~ ~ of ~ to Boya and Girls Chub for Westside P. mmmioa Cent' Buiklla8. Secoaded by Conm~asioner 9ftl~ams and ~xied by voU~ of Mayor-Co~ Leasstd Aye Conml~fio~r Eckstcin Aye Commissioner Wi~ma Aye Commisslo~.r Jones Aye Comm~k~o~r Woodruff Aye Commissiom~ Eckst~a moved to declan~ sa emergency of Iot~ faik~ of pi~ al pine Argue ~ ~ S~ ard ~ authodze f~p~,~,.~ of l ,120 fe~ of pi~ and misceihneous struc~u~ ard award the com:nl~t for ~ it to ~ of 1.120 fec~ oftf~e fm~n Florida Ca~c~ Pipe. Inc~. Astam~ ~ fi~ ~oum of $172.160; and auflmrize Smffto get qumatiom ~' aa eme~ency purchase of five sm~ure~ for the project a~ a~ amoun~ no~ to exceed ~0,000; and amho~t~ ~ of ~ Fund R~-serv~s in an amoum aot to exceed $727.306.60 to fund ~e lYtoj~t, of which $177.244 ~ ~o be rel~d from FY Authodty, owne~. Ad publid~d August 28 and Set,ember 4, 2002. Ree~m-~nded by the Chy lMara~_~. Commisaloner Woodruff moved to a~o~ Ord~amce No. 3739. Seooml~l by Commis~on~ Wigiams and carried