Okaloosa County BOCC — February 18, 2014 — Underground Electric Manhole — reading text

covenants, terms, conditions and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no charges, extension of time, alteration or addition to the terms of the contract or to the work to be performed there under or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract. or to the work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and. the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the day of ,2014 . PERFORMANCE BOND OKALOOSA COUNTY WATER AND SEWER DATE: 01/15/2014 09610-1 SECTION 00610 Russell Stephenson - Electrical Manhole Rehabilitation PERFORMANCE BOND ATTEST: Bill Smith Electric, Inc. Principal By: VA (Principal Secretary) 4 / ae j (SEAL) 1095 Hidden Terrace Drive (Witness as Principal) (Address) 1095 Hidden Terrace Drive Cantonment, FL 32533 (Address) Cantonment, FL 32533 ATTEST: The Guarantee Company of North America USA e AG, =. (Me Lufl on Ladrliablylute — Gua Cia i Evondia H. Woessner " (Attorney-in- Fact) (Seal) Ciprncd \ G&G 2211 7th Avenue South ¥ (Witness to Surety) (Address) 2211 7th Avenue South Birmingham, AL 35233 (Address) Birmingham, AL 35233 NOTE: Date of Bond must not be prior to date of Contract. (1) Correct name of CONTRACTOR. (2) ACorporation, A Partnership or an Individual as case may be. (3) Correct name of Surety. (4) Correct name of OWNER. (5) IfCONTRACTOR is Partnership, all partners should execute bond. © END OF SECTION 00610 PERFORMANCE BOND OKALOOSA COUNTY WATER AND SEWER DATE: 01/15/2014 00610-2 THE GRARANTEE COMPANY OF BORTH AMERICA THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Ronald B. Giadrosich, William M. Smith, Mark W. Edwards, H, Robert R. Freel, Jeffrey M. Wilson, Robert M. Verdin, Evondia H. Woessner, Alisa B. Pounders McGriff Seibels & Williams its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behaif as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31% day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: eo 1. 2. 3 To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. urther, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA Me bo y ee ee ee STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai IN WITNESS WHEREOF, | have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland Acting in Oakland County My Commission Expires February 27, 2018 C , nth sal A. Ta re fon a |, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this day of - Za eee ae Randal! Musselman, Secretary "THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 FLORIDA STATUTES, INCLUDING BUT NOT LIMITED TO THE NOTICE AND TIME LIMITATIONS IN SECTIONS 255.05(2) AND 255.05(10), ARE INCORPORATED IN THIS BOND BY REFERENCE." SECTION 00620 Russell Stephenson - Electrical Manhole Rehabilitation PAYMENT BOND @ SECTION 00620 - PAYMENT BOND Bond No. 40098835 KNOW ALL MEN BY THESE PRESENTS: That we (1) _Bill Smith Electric, inc. a(2)__ Corporation hereinafter called "Principal" and ‘ One Towne Square, Suite 1470 The Guarantee Company of North America USA ’ 3) of State of _ MI hereinafter called "Surety," are held and firmly bound unto (4) Board of Commissioners, Okaloosa County, Florida hereinafter called "OWNER," in the penal sum of Two hundred one thousand- two hundred seven dollars and 00/100. Dollars ($201,207.00 ), in lawful money ofthe United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally firmly by these presents: THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the day of , 2014, a copy of which is hereto attached and made a part hereof for the construction of: Russell Stephenson - Electrical Manhole Rehabilitation Project NOW, THEREFORE, if the Principal shall promptly make payments to all persons, firms, @ subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work, whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be in any wise affect its obligation on this bond, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of the contractor or to the work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PAYMENT BOND OKALOOSA COUNTY WATER AND SEWER DATE: 01/15/2014 00620-1 SECTION 00620 PAYMENT BOND deemed in original, this the ATTEST: (Principal Secretary) (Seal) Russell Stephenson - Electrical Manhole Rehabilitation IN WITNESS. WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be day of 2014 __ Bill Smith Electric, Inc. By: 1095 Hidden Terrace Drive Witness as Principal) 1095 Hidden Terrace Drive (Address) Cantonment, FL 32533 (Address) Cantonment, FL 32533 ATTEST: LO LAlr The Guarantee Company of North America USA Surety By: Epbrd wf Wj (Sug m0 (Seal) Evondia H. Woessner ( Attorney-in-Fact) 2211 7th Avenue South a (Witness to Surety) 2211 7th Avenue South (Address) Birmingham, AL 35233 (Address) Birmingham, AL 35233 PAYMENT BOND OKALOOSA COUNTY WATER AND ‘SEWER DATE: 01/15/2014 00620-2 BE EEEEESS'S='S'SSSSSS errr rrr SECTION 00620 Russell Stephenson - Electrical Manhole Rehabilitation PAYMENT BOND @ NOTE: Date of Bond must not be prior to date of Contract. (1} Correct name of Contractor. (2) |ACorporation, A Partnership or an Individual as case may be. G) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is Partnership, all partners should execute bond. END OF SECTION 00620 PAYMENT BOND OKALOOSA COUNTY WATER AND SEWER DATE: 01/15/2014 00620-3 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Ronald B. Giadrosich, William M. Smith, Mark W. Edwards, II, Robert R. Freel, Jeffrey M. Wilson, Robert M. Verdin,