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Home My WebLink AboutE.J. Breneman, L.PCROF HOME OF PELICAN ISLAND 1225 Main Street Sebastian, FL 32958 (772) 388-8214 Phone April 4, 2012 E. J. Breneman L.P. 1117 Snyder Road West Lawn, PA 19609-1100 RE: Release of Payment & Performance Bond for 2010 Paving Project in the amount of $300,000 — Bond # 929510539 To Whom It May Concern: In accordance with a request from City of Sebastian Public Works Director, Jerry Converse and referencing your letter dated March 30, 2012 stating the contract was never acted upon for completion, I am releasing bond #929510539. The Payment & Performance Bonds were issued by Westerly Surety Company in the amount of $300,000.00 to the City of Sebastian for the 2010 Paving project, within the City of Sebastian, dated August 11, 2010. Sinc ly, Sally A. io, MMC City Clerk Attachment: Original Bond #929590539 Copy of Contractor Certificate of Project Completion cc. City Manager City Attorney Administrative Services Director Public Works Director 14- on 10-0 March 30, 2012 City of Sebastian 1225 Main Street Sebastian, FL 32958 RE: Payment & Performance Bond # 929510539 Sebastian 2010 Pavement Overlay contract To whom it may concern: The above referenced contract we have with you was never acted upon for completion. I am requesting that you return our original Payment & Performance Bonds to us so we can get reimbursement for the expense. Should this matter need to be discussed, feel free to contact me or John DeMartino at 610-678-1913. Thank you for your prompt attention to this matter. Skicerely, Rexella Janda w Contract Administrator (610) 678-1913 • FAX (610) 678-9691 1117 SNYDER ROAD, WEST LAWN, PA 19609-1100 MILLER MUNICIPAL SUPPLY (610) 678-8207 sales@ejbreneman.com - •� i r . .. .. .`t. ". _ � .. _ .. PERFORMANCE BOND Bond No.: 929510539 Western Surety Company CNA Plaza Chicago, IL 60685 KNOW ALL MEN BY THESE PRESENTS: that E. J. Breneman L.P., 1117 Snyder Road, West Lawn, PA 19609 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, Western Surety Company, CNA Plaza, Chicago, IL 60685 (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto City of Sebastian, 1225 Main Street, Sebastian, FL 32958 - (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of Three Hundred Thousand and No/100 Dollars ( $300,000.00) 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 August 11, 2010 , entered into a contract with Owner for Micro -Surfacing & Crack Sealing (Here insert full name, address and description of project) in accordance with Drawings and Specifications prepared by Neel—Schaffer, Inc, 1201 19th Place, Suite A-100 (Here insert full name, address and legal title to Architect) Vero Beach, F1 32960 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. The American Institute of Architects has withdraw from distribution the AIA A311 bond forms, February 1970 edition. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A311, February 1970 edition. 1 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 determination 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, administrators or successors of the Owner. Signed and sealed this 1st day of September, 2010. (Witness) Rexella Jandre , Contract Admin. ., A&/ , & d snia-". I Michele A. Borelli (Witness) E. J. Breneman L.P. (Pring ipa By: D a tino Co., LLC, General Partner Yb'M DeMartino, President X(Title) Western Surety Company (Surety) (Seal) Michael. Malinows Attorney -in -Fact The American Institute of Architects has withdraw from distribution the AIA A311 bond forms, February 1970 edition. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A311, February 1970 edition. 2 Western. Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Timothy E Koenig, Jon K Miles, Anthony Garro, Ellen Hafer, Sandra L Readinger, Michael S Malinowski, Individually of Wyomissing PA, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 29th day of April, 2010. ETMco WESTERN SURETY COMPANY �+ 0'p�r sov Paul VBruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 29th day of April, 2010, before me personalty came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires ♦•''••,•'''•�•��••�'`��,�� i D. KRELL i November 30,2012 S L 'fr NOTARY PUBLIC SOUTH 0,2012SOUTH DAKOTA S L i ♦tititi�titi►��titi�titititi�tititititi CERTIFICATE I&a k4-ejj - D. Krell, NoDiry Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and fiirther certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 1st day of September P 2010 . �ETM� WESTERN SURETY COMPANY • L Nelson, Assistant Secretary Form F4280-09-06 LABOR AND MATERIAL PAYMENT BOND Bond No.: 929510539 Western Surety Company CNA Plaza Chicago, IL 60685 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 E. J. Breneman L.P., 1117 Snyder Road, West Lawn, PA 19609 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Principal, and, Western Surety Company, CNA Plaza, Chicago, IL 60685 (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto City of Sebastian, 1225 Main Street, Sebastian, FL 32958 -(Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Three Hundred Thousand and No1100 Dollars ( $300,000.00) (Here insert a sum equal to at least one-half of the contract price) 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 August 11, 2010, entered into a contract with Owner for Micro - Surfacing & Crack Sealing (here insert full name, address and description of project) Micro -Surfacing & Crack Sealing in accordance with Drawings and Specifications prepared by Neel -Schaffer, Inc 1202 19th Place, Suite A-100 Vero Beach, FL 32960 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. The American Institute of Architects has withdraw from distribution the AIA A311 bond forms, February 1970 edition. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A311, February 1970 edition. 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 following conditions: 1. A claimant is defined as one having a direct and the name of the party to whom the materials were contract with the Principal or with a Subcontractor of furnished, or for whom the work or labor was done the Principal for labor, material, or both, used or performed. Such notice shall be served by mailing the reasonably required for use in the performance of the same by registered mail or certified mail, postage Contract, labor and material being construed to prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is include that part of water, gas, power, light, heat, oil, regularly maintained for the transaction of business, or gasoline, telephone service or rental of equipment served in any manner in which legal process may be directly applicable to the Contract. served in the state in which the aforesaid project is 2. The above named Principal and Surety located save that such service need not be made by a 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 Signed and sealed this 1 st day of September, sRexella JandreJ906es, Contract Admin. 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 embodied 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 situated, 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. 2010 E. J. Breneman L.P. (Princl al By: rtino Co., LLC, General Partner rstem DeMartino, esident (Title) Wrety Company (Surety) (Seal) Michele A. Borelli (witness) Michael . Malinowsi Attomey-in-Fact The American Institute of Architects has withdraw from distribution the AIA A311 bond forms, February 1970 edition. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A311, February 1970 edition. 4 :. Western. Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Timothy E Koenig, Jon K Miles, Anthony Garro, Ellen Hafer, Sandra L Readinger, Michael S Malinowski, Individually of Wyomissing, PA, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporaticn and all the acts of said Attorney, pursuant to the authority hereby ghen, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 29th day of April, 2010. / E WESTERN SURETY COMPANY aSCO � o1,POgq� v� Paul. Bruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 29th day of April, 2010, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to Iike authority, and acknowledges same to be the act and deed of said corporation. My commission expires %%%%%%%S%%%S%%%S%%%%%%%% i s D. KRELL f November 30, 20I2 i EAs NOTARY PUBL.tC SEAL i RMSOUTH DAKOTA(M& ♦titi�►�sti4titi�►4yM4�►4tititi4ti�Mti D. Krell, NdMry Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 1St day of September V 2010 . y,RErr WESTERN SURETY COMPANY ? r Cp �wQ giPOq 30_ x �4'rM oc►r<fd`p • L. Nelson, Assistant Secretary Form F4290-09-06