HomeMy WebLinkAboutVotum Construction LLC Performance Bond - Central Winds Park Trailhead Restroom Construction - 2020 12 04 Central Winds Park Trailhead Restroom Construction 00610-1
SECTION 00610
PERFORMANCE BOND FORM
Bond No. B98824-034321
BY THIS PERFORMANCE BOND, We votum Construction,LLC as Principal, whose address is
a Street,Suite 1,Orlando,FL 32805 and telephone number is 407-704-1743 and
711 West Amelia .
Americ an Southern Insurance Coman , as Surety, W110Se address 1S ps) Box, 2030t�antaCA 31139-0030 _ and
telephone number is 404-266-9599 are bound to the City of Winter Springs, a Florida
municipal corporation, as OWNER, whose address is 1126 E. State Road 434, Winter Springs,
Florida 32708 and telephone number is 407-327-1800, in the initial sum of $
165,439.00* (100% of Contract Price), or such greater amount as the
Contract may be adjusted from time to time in accordance with the Contract between the Principal and
OWNER) (the"Penal Sum"). *(One Hundred Sixty Five Thousand Four Hundred Thirty Nine and 00/100 Dollars)
WHEREAS, the Principal has executed a contract with the OWNER, dated August 26, 2020 , for
the construction of the Central Winds Park Trailhead Restroom Construction project in the City of
Winter Springs, Seminole County, Florida(the"Project"); and
WHEREAS,the OWNER has required the Principal to furnish a performance bond in accordance with
law and as a condition of executing the Contract with Principal; and
WHEREAS, this bond is being entered into to satisfy the requirements of Section 255.05(1),
Florida Statutes and the Contract referenced above, as the same may be amended.
NOW THEREFORE, the Surety and the Principal, both joint and severally, and for themselves,their
heirs, administrators, executors, successors and assigns agree as follows:
1. CONTRACT INCORPORATED; SURETY AND PRINCIPAL BOUND FOR FULL
PERFORMANCE. The Contract is incorporated by reference and made a part of this bond.
The Surety and the Principal are bound for the full performance of the Contract including
without exception all of the Contract Documents (as defined in the Contract) and all of their
terms and conditions, both express and implied. Without limiting the Principal's and Surety's
obligations under the Contract and this bond,the Principal and Surety agree:
A. Promptly and faithfully perform their duties and all the covenants,terms, conditions, and
obligations under the Contract including,but not limited to the insurance provisions,
guaranty period and the warranty provisions, in the time and manner prescribed in the
Agreement, and
B. Pay OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs
and attorneys' fees under sections 627.428 or 627.756, Florida Statutes, including costs
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Central Winds Park Trailhead Restroom Construction 00610-2
and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from
any breach or default by Principal under the Contract, and
C. Satisfy all claims and demands incurred under the Contract, and fully indemnify and hold
harmless the OWNER from all costs and damages which it may suffer by reason or
failure to do so.
2. OWNER'S AFFIDAVIT OF CONTRACTOR BREACH OR DEFAULT. If the OWNER
shall provide to Surety the written affidavit of the OWNER stating that the Principal is in
breach or default of the Contract, and that such breach or default remains uncured by the
Principal,then upon delivery of such affidavit to the Surety in the method for providing notices
as set forth in Paragraph 7 below, Surety must promptly notify the OWNER in writing which
action it will take as permitted in Paragraph 3.
3. SURETY'S OBLIGATION UPON DELIVERY OF OWNER'S AFFIDAVIT OF
CONTRACTOR'S BREACH OR DEFAULT. Upon the delivery of the OWNER's
affidavit of breach or default by the Principal as provided in Paragraph 2 above, the Surety
may promptly remedy the breach or default, within thirty(30)days,proceed to take one of the
following courses of action:
A. Proceed Itself. Complete performance of the Contract including correction of defective
and nonconforming Work through its own CONTRACTORS or employees, approved as
being acceptable to the OWNER,in the OWNER's sole discretion,provided,however,that
OWNER's discretion in approving the Surety's CONTRACTOR will not be unreasonably
withheld as to any CONTRACTOR who would have qualified to offer a proposal on the
Contract and is not affiliated in any way with the Principal. During this performance by
the Surety,the OWNER will pay the Surety from its own funds only those sums as would
have been due and payable to the Principal under the Contract as and when they would
have been due and payable to the Principal in the absence of the breach or default not to
exceed the amount of the remaining Contract balance less any sums due the OWNER under
the Contract. During this performance by Surety, any payment bond required under the
Contract must remain in full force and effect; or
B. Tender a completing CONTRACTOR acceptable to OWNER. Tender a
CONTRACTOR, together with a contact for fulfillment and completion of the Contract
executed by the completing CONTRACTOR,to the OWNER for the OWNER's execution.
OWNER's discretion to approve Surety's completing CONTRACTOR will not be
unreasonably withheld as to any CONTRACTOR who would have qualified to offer a
proposal on the contract and is not affiliated with the Principal. OWNER's discretion to
approve CONTRACTOR as the completing CONTRACTOR and to approve the tendered
contract shall be in OWNER's sole and absolute discretion. Upon execution by the
OWNER of the contract for fulfillment and completion of the Contract, the completing
CONTRACTOR must furnish to the OWNER a performance bond and a separate payment
bond, each in the form of those bonds previously furnished to the OWNER for the Project
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Central Winds Park Trailhead Restroom Construction 00610-3
by the Principal. Each such bond must be in the Penal Sum of the full cost to complete the
Contract. The OWNER will pay the completing CONTRACTOR from its own funds only
those sums as would have been due and payable to the Principal under the Contract as and
when they would have been due and payable to the Principal in the absence of the breach
or default not to exceed the amount of the remaining Contract balance less any sums due
the OWNER under the Contract. To the extent that the OWNER is obligated to pay the
completing CONTRACTOR sums which would not have been due and payable to
CONTRACTOR under the Contract (any sums in excess of the then remaining Contract
balance less any sums due the OWNER under the Contract), the Surety must pay the
Completing Contractor or OWNER the full amount of those sums at the time the
completing CONTRACTOR tenders an invoice to the OWNER so that the OWNER can
utilize those sums in making timely payment to the completing CONTRACTOR; or
C.Tender the Full Penal Sum. Tender to the OWNER the full Penal Sum of the performance
bond. The OWNER will refund to the Surety without interest any unused portion not spent
by the OWNER procuring and paying a completing CONTRACTOR or completing the
Contract itself,plus the cost allowed under Section 4, after completion of the contract for
fulfillment and completion of the Contract and the expiration of any applicable warranties;
or
D.Other Acts. Take any other acts mutually agreed upon in writing by the OWNER and the
Surety.
4. SURETY'S ADDITIONAL OBLIGATIONS. In addition to those duties set forth herein
above,the Surety must promptly pay the OWNER(i) all losses, costs and expenses resulting
from the Principal's breach(es) or default(s), including, without limitation, fees (including
attorney's fees pursuant to sections 627.428 or 627.756, Florida Statutes and related costs),
expenses and costs for architects, ENGINEERS, consultants, testing, surveying and attorneys,
plus (ii) liquidated or actual damages, whichever may be provided for in the Contract, plus
(iii) reprocurement costs and fees and expenses, plus (iv) costs incurred at the direction,
request, or as a result of the acts or omissions of the Surety; provided that in no event shall
Surety's liability exceed the Penal Sum of this Bond.
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Central Winds Park Trailhead Restroom Construction 00610-4
5. SURETY'S WAIVER OF NOTICE. The Surety waives notice of any Modifications to the
Contract, including changes in the Contract Time,the Contract Sum, or the work to be
performed under the Contract.
6. NO THIRD PARTY BENEFICIARIES. The Surety provides this performance bond for the
sole and exclusive benefit of the OWNER and OWNER's heirs, administrators, executors,
successors and assigns. No other party,person or entity has any rights against the Surety.
7. METHOD OF NOTICE. All notices to the Surety, the Principal or the OWNER must be
given by Certified Mail, Return Receipt Requested, to the address set fourth for each party
below:
SURETY:
Name: American Southern Insurance Company
Attention: Jerry Underwood
Street: 3715 Northside Pkwy.,NW,Ste.4-800
City, State: Atlanta Georgia
Zip: 30327
PRINCIPAL:
Name: Votum Construction,LLC
Attention:
. . Teslca Dill.... .... .... ..............................—.........-------...._---....
and
�. ...
Street: 711 West Amelia Street,Suite 1
City, State: Orlando,FL
Zip: 32805
OWNER:
The City of Winter Springs
Attention: Shawn Boyle, City Manager
1126 E. State Road 434
Winter Springs,Florida 32708
(407) 327-5957
with a copy to:
Anthony A. Garganese, City Attorney
Garganese, Weiss,D'Agresta& Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32802
(407)425-9566
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Central Winds Park Trailhead Restroom Construction 00610-5
8. STATUE OF LIMITATIONS. Any statutory limitation, which may be contractually
superceded,to the contrary notwithstanding,any action hereon may be instituted so long as the
applicable statute of limitations governing the Contract (including any warranty period) has
not run or expired or within three (3) years following Final Completion of the Contract
(including any warranty period)and acceptance of the Work performed under the Contract by
the OWNER,whichever is longer.
9. RECITALS. The recitals contained in this Performance Bond are incorporated by reference
herein and are expressly made a part of this Performance Bond.
10. GOVERNING LAW. This performance bond shall be governed by, and construed in
accordance with the laws of the State of Florida without regard to its conflict of laws
provisions.
11. VENUE. In the event any legal action shall be filed upon this performance bond, venue shall
lie exclusively in the Circuit Court for Seminole County,Florida.
12. MISCELLANEOUS.
A. The Surety agrees that this performance bond shall afford the OWNER with all of the
protections and rights afforded under Florida Statutes.
B. This performance bond is issued in addition to any other bond or warranty required
under the Contract including,but not limited to, any labor and materials payment
bond and maintenance bond. Each bond issued under the Contract shall be construed
as separate and distinct from each other.
C. 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.
D. This performance bond shall remain in full force and effect until such time all the
work, labor and materials under the Contract have been performed or provided to the
OWNER's satisfaction,through the expiration of all warranty periods.
June 2020 Performance Bond Form
Central Winds Park Trailhead Restroom Construction 00610-6
Principal Surety
Votum Construction,LLC American Southern Insurance Compan
(Typed Firm Name) (Typed Firm Name) CIA,
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(Seal) (Seal)
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By: By: m
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(Signature)
m
. f. Kevin R.Wojtowicz
(Printed Name) (Printed Name)
" 'M. �����.
Title � � � �� Attorney-in-Fact and Florida Licensed Agent
(Title)
711 West Amelia Street,Suite 1 1000 Central Avenue#200
Orlando,FL 32805 _ St.Petersburg,FL 33705
(Address) (Address)
December 4,2020 December 4,2020
(Date of Execution) (Date of Execution)
END OF SECTION
June 2020 Performance Bond Form
Central Winds Park Trailhead Restroom Construction 00620-1
SECTION 00620
LABOR AND MATERIALS PAYMENT BOND
Bond No. B98824-034321
Bond No. B98824-034321
BY THIS LABOR AND MATERIALS PAYMENT BOND, We
Votum Construction,LLC as Principal, whose address is
7Vl West Amelia Street,Suite
...............�.......t uite 1,., „ o,FL 32805 and telephone number is 407-704-1743 and
.a..... _..
American Southern L............nsurance Company as Surety, whose address is
.
PO Box 723030,Atlanta GA 31139 0030 and telephone number is 404-266-9599 are
.....................— _--....,.
bound to the City of Winter Springs, a Florida municipal corporation, as OWNER, whose
address is 1126 E. State Road 434, Winter Springs, Florida 32708 and telephone number
is 407-327-1800, in the initial sum of$ 165,439.00(One Hundred Sixty Five Thousand Four (100% Of
Contract Price), or such greater amount as the Contract may e a juste om time to time
in accordance with the Contract between the Principal and OWNER) (the"Penal Sum").
WHEREAS, the Principal has executed a contract with the OWNER, dated
August 26, 2020 for the construction of the Central Winds Park Trailhead Restroom
Construction project in the City of Winter Springs, Seminole County, Florida (the
"Project"); and
WHEREAS, the OWNER has required the Principal to ftimish a labor and materials
payment bond in accordance with law and as a condition of executing the Contract with
Principal; and
WHEREAS, this bond is being entered into to satisfy the requirements of Section
255.05(1), Florida Statutes and the Contract referenced above, as the same may be
amended.
NOW THEREFORE, the Surety and the Principal, both joint and severally, and for
themselves, their heirs, administrators, executors, successors and assigns agree as
follows:
1, CONTRACT INCORPORATED; SURETY AND PRINCIPAL BOUND FOR
FULL PERFORMANCE. The Contract is incorporated by reference and made a part of
this bond. The Surety and the Principal are bound to promptly make payments to all
claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with
labor, materials, supplies, or rental equipment used directly or indirectly by Principal in
the prosecution of the work provided under the Contract. Any such payments shall not
involve the OWNER in any expense.
June 2020 Labor and Materials Payment Bond
Central Winds Park Trailhead Restroom Construction 00620-2
2. CLAIMS. Claims made under this bond shall be made pursuant to provisions of Section
255.05,Florida Statutes, and applicable law. Therefore, a claimant, except a laborer, who
is not in privity with the Principal shall,before commencing or not later than 45 days
after commencing to furnish labor, services, or materials for the prosecution of the work,
furnish the Principal with written notice that he or she intends to look to the bond for
protection. A claimant who is not in privity with the Principal and who has not received
payment for his or her labor, services, or materials shall deliver to the Principal and to the
surety written notice of the performance of the labor or delivery of materials or supplies
and of the nonpayment. The notice of nonpayment may be served at any time during the
progress of the work or thereafter but not before 45 days after the first furnishing of
labor, services,or materials, and not later than 90 days after the final furnishing of the
labor, services,or materials by the claimant or,with respect to the rental equipment,not
later than 90 days after the date that the rental equipment was last on the job site available
for use. Any notice of nonpayment served by a claimant who is not in privity with
Principal which includes sums for retainage must specify the portion of the amount
claimed for retainage.
3. SURETY'S WAIVER OF NOTICE. The Surety waives notice of any modifications to
the Contract, including changes in the Contract Time,the Contract Sum, or the labor,
work, or materials required to be performed under the Contract.
4. BENEFICIARIES. The Surety provides this performance bond for the sole and
exclusive benefit of the OWNER and OWNER's heirs, administrators, executors,
successors and assigns, as well as for the benefit of any claimants who have actually
provided labor,material, rental equipment, or services under the Contract.
5. RECITALS. The recitals contained in this labor and materials payment bond are
incorporated by reference herein and are expressly made a part of this bond.
6. GOVERNING LAW. This labor and materials payment bond shall be governed by, and
construed in accordance with the laws of the State of Florida without regard to its conflict
of laws provisions.
7. VENUE. In the event any legal action shall be filed upon this labor and materials
payment bond,venue shall lie exclusively in the Circuit Court for Seminole County,
Florida.
8. MISCELLANEOUS.
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Central Winds Park Trailhead Restroom Construction 00620-3
A. The Surety agrees that this labor and materials payment bond shall afford the
OWNER and all claimants under the Contract with all of the protections and rights
afforded under Florida Statutes.
B. This labor and materials payment bond is issued in addition to any other bond or
warranty required under the Contract including,but not limited to, any performance
bond and maintenance bond. Each bond issued under the Contract shall be construed
as separate and distinct from each other.
C. In the event that the Surety fails to fulfill its obligations under this labor and materials
payment 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 labor and materials payment bond.
D. This labor and materials payment bond shall remain in full force and effect until such
time that the legal deadline for filing a claim hereunder has duly expired.
Principal Surety
S
Votum Construction,LLC American Southern Insurance Coab4v Ain
(Typed Firm Name) (Typed Firm Name)
P
(Seal) (Seal)
7 Y. �, w�� By. 000
(. (Signature)
lure „ tin . ..... Kevin R.Wo'towicz
t
(Printed Nam e) (Printed Name)
andlonda Licensed„Ag,ty,t
(Title) (Title)
711 West Amelia Street,Suite 1 1000 Central Avenue#200
Orlando,FL 32805 St.Petersburg,FL 33705
(Address) (Address)
December 4,2020 December 4,2020
(Date of Execution)..........................................vv ......... (Date of Execution)..................,
END OF SECTION
June 2020 Labor and Materials Payment Bond
f
6
E
AMERICAN SOUTHERN INSURANCE COMPANY
Domicile: 200 S.W. 30th Street Mailing Address: 3715 Northside Pkwy, NW, STE 4-800
Topeka, Kansas 66611 Atlanta, Georgia 30327
GENERAL POWER OF ATTORNEY
3
Know all men by these Presents,that the American Southern Insurance Company had made,constituted and appointed, and
by these presents does make, constitute and appoint Charles J. Nielson or David R. Hoover of Miami Lakes, Florida;
Kevin R.Wojtowicz,Laura D.Mosholder, Brett Rosenhaus,or Jessica P.Reno of St.Petersburg, Florida,as its true and lawful attorney
for it and its name, place and stead to execute on behalf of the said company, as surety, bonds, undertakings and contracts of
suretyship to include execution of consents for the release of retained percentages andlor final estimates on engineering and
construction contracts, or similar authority to be given to all obligees provided that no bond or undertaking or contract of suretyship
executed under this authority shall exceed in amount of the sum of$1,000,000(One Million U.S.Dollars).
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following f
Resolution adopted pursuant to due authorization by the Executive Committee of the Board of Directors of the American Southern
Insurance Company on the 26t"day of May, 1998:
l
RESOLVED,that the Chairman, President or any Vice President of the Company be, and that each or any of them hereby is,
authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the
American Southern Insurance Company bonds, undertakings and all contracts of suretyship; and that any Secretary or any Assistant
Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach
thereto the seal of the Company.
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
signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future,with respect to any bond
undertaking or contract of suretyship to which it is attached.
In Witness Whereof, the American Southern Insurance Company has caused its official seal to be hereto affixed, and these
presents to be signed by its President and attested by its Secretary this 25th day of July,2019.
Att s#: an outhern Insurance Company
i
Melanie A.C� Cor orate S Greta �WX� m B � S o�t� .Thmpson, Presi �v�
PP p ry •.,dent
STATE OF GEORGIA
COUNTY OF FULTON
On this 25th day of July, 2019,before me personally came Scott G.Thompson,to me known,who being by me duly sworn,did
depose and say that he resides in Atlanta,In the County of Fulton,State of Georgia,at 421 Hollydale Court;that he is the President of
American Southern Insurance Company,the corporation described in and which executed the above instrument;that he knows the
seal of the said corporation; that the seal affixed to the said instrument is such Coro ate seal; that it wa o affixed and that he
signed his name thereto pursuant to due authorization. ,y
K4 esha White,N66ry Public,State of Georgia
My Commission Expires October23,2021
I, the undersigned, a Vice President of American Southern Insurance Company, a corporation domiciled in Kansas, DO
HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and, t
furthermore, that the Resolution of the Executive Committee of the Board of Directors set forth in the Power of Attorney is now in
force.
Signed and sealed at the City of Atlanta_,Dated the L day of
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