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Home My WebLink AboutPavco Contracting Merchants - Performance and Payment BondBond Number 100335328 3120240047634 RECORDED IN THE PUBLIC RECORDS OF RYAN L. BUTLER. CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3728 PG: 1715 Page 1 of 5 10=024 2:25 PMPERFORMANCE BOND BY THIS BOND, We P.A.V.C.O. Contracting Group, LLC , as Principal, hereinafter called Contractor, and Merchants National Bondinq Inc. , as Surety, are bound to the City of Sebastian, Florida, as Obligee, hereinafter called City, in the amount of Ninety -Three Thousand Eieht Hundred and No Cents Dollars ($93.800.00) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, No. 24-19-ITB, Hangar D Build Out — South Offices awarded the 25' day of September 2024, with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if the Contractor: 1. Performs the Contract between Contractor and City for Hangar D Build Out — South Offices, the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs, and attorney's fees, including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. 4. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations hereunder, the Surety may promptly remedy the default, or shall promptly: a. Complete the Project in accordance with the terms and conditions of the Contract Documents; or b. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, 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 the City to the Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract and that any changes do not affect Surety's obligation to perform under this Bond. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. Signed and sealed this 1 day of October 2024 WITNESSES: CONTRACTOR P.A.V.C.O. Contracting Group, LLC (Name of Corporation) (Secretary) By: (Signature) i (CORPORATE SEAL) Michael R. Fischer, Managing Member (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: �.�✓/v!/'8/141�! / A� �/ 6.!\lam .�-- By. Mark Kowalski (Agent and Attorney -in -Fact) Address: 1990 Main Street, Suite 750 (Street) Sarasota, FL 34236 (City/State/Zip Code) Telephone No.: (941) 961-5948 (Notary required for Contractor's Signature) Sworn to and subscribed before me this j• day of'D 64Db61L, 20Z—�. Personally known_ jck ae i Fr Sc. tr Or produced identification Notary Public — State of RU it._ 1 DA My commission expires (Type of Identification) SROTyF//ii� I i� 1 I TI F 1C.if C,p8� OERig?A/Y`'•'• //i (Printed, typed,Qor stamped commissioned name notary public) * . iAiH 19456 � Q iy0� �d�y ac�� oudad kV �i�4�yA public Una6�ti��,U\,.`� Bond Number 100335328 PAYMENT BOND P.A.V.C.O. Contracting Group, LLC BY THIS BOND, We , as Principal, hereinafter called Contractor, and Merchants National Bondinq Inc. as Surety, are bound to the City of Sebastian, Florida, as Obligee, hereinafter called City, in the amount of Ninety -Three Thousand Eiv-ht Hundred and No Cents Dollars ($ 9M00.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into Contract, No. 24-19-ITB, Hangar D Build Out — South Offices awarded the 25" day of September 2024, with City which Contract are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs, and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: a. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish to Contractor a notice that he intends to look to the bond for protection. b. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. c. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. d. Any action under this Bond must be instituted in accordance with the longer of the applicable Notice and Time Limitations provisions prescribed in Section 255.05(2), or Section 95-11, Florida Statutes. 3. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of October . 20 24 WITNESSES: CONTRACTOR P.AN.C.O. Contracting Group, LLC _ (Name of Corporation) (Secrelry) By: - (Signature) (CORPORATE SEAL) Michael R. Fischer, Managing Member (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMP Y'': $y; Mark Kowalski . (Agent and Attorney -in' -Fact) Address: 1990 Main Street, Suite 750 (Street) Sarasota, FL 34236 (City/State/Zip Code) Telephone No.: (941) 961-5948 (Notary required for Contractor's Signature) Sworn to a d subscribed before me this da of L J r-k &--r 20 either in 2 , erson or via electronic means b . �` �FI S C.�12fr the p — Y �/l -IGh�� AnQc�n5 Mtr�l.ltr of ?AYCD (-mirAAnS 6fou? andwhois: Personally known Or produced identification NOTARY SEAL: V \SSION 4 • �� . p�gER 19 ��'• i �'� a14 "2p �' •• i �r 'iH 1g4356 Q •y ` tee,, O� �209 Pubac Un B•t��'�� j Pius STA as follows: Notary Public -(Mate of Fin r i da My Commission expires on: 11 - 0 " Z 5 BONDING COMPANY - POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Mark Kowalski their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attomey-in-Fad 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 Attomey-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. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 3rd day of February 2024 . • 1....... .. •.. • • • • MERCHANTS BONDING COMPANY (MUTUAL) �•'�p ,..e.• ••�p1 r' C��••. MERCHANTS NATIONAL BONDING, INC. . '•q'Oc�RPO�Q.�9�.c d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY G :Q r -a- v ' 2003 1933r; By •..........�t1•.•� •. 3jy.., . ••`1d•• President STATE OF IOWA '•. �? .•' "` COUNTY OF DALLAS ss. On this 3rd day of February 2024 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. oPpIA<s Penni Miller z r Commission Number 787952 • • My Commission Expires , 10WA January 20, 2027 k -_ �- ota, bl (Expiration of notary's commission does not invalidate this instrument) �✓�^ I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 1 day of October 2024 .•'Po10N4<�••'•. �•` 1;&G CQ' ,% ?Q2.r2 -o- 0, -o- w': 2003 i�4�;• y 1933 +� Secretary 47 POA 0018 (1/24) """