800197898_PP_Bond_Form.pdf

JCA Surety Group, LLC 123 Zelma Street, Suite A Orlando, FL 32803 Tel (321) 800-6594 Fax (407) 264-8321 www.jcasurety.com

PAYMENT AND PERFORMANCE BOND

In Compliance with Florida Statutes 255.05 (1)(a)

Bond No.: ____________________________________________________________ Contractor Name: ____________________________________________________________ Contractor Address: ____________________________________________________________ Contractor Phone Number: ____________________________________________________________ Surety Name: ____________________________________________________________ Surety Address: ____________________________________________________________ Surety Phone Number: ____________________________________________________________ Owners Name: ____________________________________________________________ Owners Address: ____________________________________________________________ Owners Phone Number: ____________________________________________________________ Obligee Name: ____________________________________________________________ (If contracting entity is different from the owner, the contracting public entity)

Obligee Address: ____________________________________________________________ Obligee Phone Number: ____________________________________________________________ Contract No.: ____________________________________________________________ (If applicable)

Project Name: ____________________________________________________________

Project Location: ____________________________________________________________

Description of Work: ____________________________________________________________

FRONT PAGE

All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that be preprinted thereon.

Bond No.

Groveview Pump Station Improvements PERFORMANCE BOND (100% of Contract Price)

00605-1

SECTION 00605

PERFORMANCE BOND

(100% of Contract Price)

Project Name: Groveview Pump Station Improvements

City Contract No.: IFB No. 24/25-23

Contractor Surety

Name:

Address:

Phone No.:

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 $1,034,481.00, One Million Thirty-Four Thousand Four Hundred Eighty-One Dollars and 00/100 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:

General description of the Work:

WHEREAS, the Contractor has by written Agreement dated , 20 , entered into a Contract with the Owner for IFB No. , for the project entitled

, 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

800197898

SanPik, Inc.

1424 N Ronald Reagan Blvd, Ste. 1300

Longwood, Florida 32750

(407) 988-1033

Atlantic Specialty Insurance Company

605 Highway 169 North, Suite 800

Plymouth, MN 55441

(952) 852-2431

Groveview Ave. Sanford, FL

Demolition of an existing above ground pump station to be replaced with a new submersible pump station, one junction manhole, force main, gravity mains to redirect flow to the new pump station along with electrical controls and equipment and an emergency diesel by-pass pump.

24/25-23 Groveview Pump Station Improvements

(100% of Contract Price)

00605-2 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, 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 Contract, then this bond is void; otherwise it shall remain in full force and effect.

1. 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 shall promptly remedy the default or shall promptly:

A. Complete the Contract in accordance with its terms and conditions; or

B. Expeditiously obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by SURETY of the lowest responsible qualified bidder, award a contract; or, if the Owner elects, upon 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 a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph). The term “balance of the Contract price,” as used in this Bond, shall mean the total amount payable by Owner to Contractor under the Contract and any approved change orders thereto, less 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’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the Contract.

2. Any changes in or under the Contract Documents (which include the Plans, Drawings, and Specifications) and compliance or noncompliance with any formalities connected with the Contract or the changes therein shall not affect SURETY's obligations under this Bond and SURETY hereby waives notice of any such changes.

3. The SURETY’s monetary obligations to the Owner shall not be reduced by legal fees and costs incurred by the SURETY arising out of Contractor’s default.

4. 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 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 SURETY's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Contract 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 of Principal or its estate as a result of any such proceeding.

Bond No.: 800197898

00605-3

5. 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 .

ATTEST: PRINCIPAL/CONTRACTOR

By: Secretary

PRINCIPAL / CONTRACTOR

Typed or Printed Name By: CONTRACTOR Signatory Authority

(CORPORATE SEAL)

Typed or Printed Name and Title

(Witness to CONTRACTOR) Address

Typed or Printed Name City, State, Zip

(Witness to CONTRACTOR) Telephone No. Facsimile No.

Typed or Printed Name

SanPik, Inc.

Matthew Sands, President

1424 N Ronald Reagan Blvd, Ste. 1300

Longwood, Florida 32750

(407) 988-1033

00605-4

ATTEST: SURETY

(SURETY) Secretary SURETY

By:

Typed or Printed Name

Typed or Printed Name

Title

Witness as to SURETY

Typed or Printed Name Address

Witness as to SURETY City, State, Zip

Typed or Printed Name Telephone No. Facsimile No.

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 Owner.

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

Atlantic Specialty Insurance Company

Jessie Sloan

Attorney-In-Fact & Florida Licensed Resident Agent

605 Highway 169 North, Suite 800

Plymouth, MN 55441

(952) 852-2431 (888) 874-3484

Jorge L. Bracamonte

Kasandra Titus

Jeffrey Mervine

Inquiries: (321) 800-6594

Witness

Bond No.: 800197898

Jessie Sloan Line

Jessie Sloan ASIC Seal

Bond No.

Groveview Pump Station Improvements PAYMENT BOND (100% of Contract Price)

00610-1

SECTION 00610

PAYMENT BOND

(100% of Contract Price)

Project Name: Groveview Pump Station Improvements

City Contract No.: IFB No. 24/25-23

Contractor Surety

Name:

Address:

Phone No.:

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 $1,034,481.00, One Million Thirty-Four Thousand Four Hundred Eighty-One Dollars and 00/100, 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.

General description of the Work:

WHEREAS, the Contractor has by written Agreement dated , 20 , entered into a Contract with the Owner for IFB No. , for the project entitled

, 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.

800197898

SanPik, Inc.

1424 N Ronald Reagan Blvd, Ste. 1300

Longwood, Florida 32750

(407) 988-1033

Atlantic Specialty Insurance Company

605 Highway 169 North, Suite 800

Plymouth, MN 55441

(952) 852-2431

Groveview Ave. Sanford, FL

Demolition of an existing above ground pump station to be replaced with a new submersible pump station, one junction manhole, force main, gravity mains to redirect flow to the new pump station along with electrical controls and equipment and an emergency diesel by-pass pump.

24/25-23 Groveview Pump Station Improvements

The Project is located at:

00610-2

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. Any action instituted by a claimant under this Bond for payment must be in accordance with the notice and time limitation provisions in Sections 255.05(2) and 255.05(10), Florida Statutes.

3. This Payment Bond is conditioned that Contractor shall promptly make payments to all persons defined in Section 713.01, Florida Statutes, whose claims derive from the prosecution of the Work provided for in the Contract.

4. Pursuant to Section 255.05, Florida Statutes, a claimant, except a laborer, who is not in privity with the Contractor shall, before commencing or not later than forty-five (45) days after commencing to furnish labor, services, or materials for the prosecution of the Work, serve the contractor with a written notice that he or she 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 furnishing his or her labor, services, or materials shall serve a written notice of nonpayment on the Contractor and on the SURETY. The notice of nonpayment shall be under oath and served during the progress of the Work or thereafter but may not be served earlier than forty-five (45) days after the first furnishing of labor, services, or materials 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 of a notice of nonpayment or for bringing an action 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 a certificate of substantial completion.

6. An action, except an action for recovery of retainage, must be instituted against the Contractor or the SURETY on the payment bond within one (1) year after the performance of the labor or completion of delivery of the materials or supplies. An action for recovery of retainage must be instituted against the Contractor or the SURETY within one (1) year after the performance of the labor or completion of delivery of the materials or supplies.

7. The claimant 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 in any expense.

00610-4

ATTEST: SURETY

(SURETY) Secretary SURETY

By:

Typed or Printed Name

Typed or Printed Name

Title

Witness as to SURETY

Typed or Printed Name Address

Witness as to SURETY City, State, Zip

Typed or Printed Name Telephone No. Facsimile No.

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 Owner.

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

Atlantic Specialty Insurance Company

Jessie Sloan

Attorney-In-Fact & Florida Licensed Resident Agent

605 Highway 169 North, Suite 800

Plymouth, MN 55441

(952) 852-2431 (888) 874-3484

Witness

Jorge L. Bracamonte

Kasandra Titus

Jeffrey Mervine

Inquiries: (321) 800-6594

Bond No.: 800197898

Jessie Sloan Line

Jessie Sloan ASIC Seal

Please direct bond verifications to surety@intactinsurance.com

This Power of Attorney expires January 31, 2030

Notary Public

STATE OF MINNESOTA

HENNEPIN COUNTY

By

Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.

Resolved: That the President, any Senior Vice President or Vice-President (each an “Authorized Officer”) may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in- Fact.

Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.

KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Hallie Martin, Jessie Sloan, Jorge L. Bracamonte, Thomas R Kirstein, each individually if there be more than one named, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:

Power of Attorney

This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:

Signed and sealed. Dated____________ day of _____________, _____.

IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2023.

Sarah A. Kolar, Vice President and General Counsel

Kara L.B. Barrow, Secretary

On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.

I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force.