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HomeMy WebLinkAbout2580 IFB 23/24-16 SR 46 Utilities Adj - SanPik - Pymnt/Perf BondsCITY OF SANFORD (1% FINANCE DEPARTMENT / y, Thursday, August 22, 2024 PURCHASING DEPARTMENT �Z, - YJ TRANSMITTAL MEMORANDUM To: City Clerk/Mayor RE: IFB 23/24-16 SR 46 Utilities Adjustments The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ® Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond ❑ Safe keeping (Vault) ❑ Ordinance ❑ Deputy City Manager ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature ❑ ❑ City Clerk Attest/Signature ❑ City Attorney/Signature Once completed, please: ® Return originals to Purchasing- Department ❑ Return copies El Special Instructions: SanPik, LLC : IFB 23/24-16 SR 46 Utilities Adjustments — P&P Bonds sent for recording on 8/22/2024. From TADept_forms\City Clerk Transmittal Memo - 2009.doc g Zz 2 Date ICA Surety Group, LLC 123 Zelma Street, Suite A Orlando, FL 32803 Tel (321) 800-6594 Fax (407) 264-8321 w ww.jcasurety.com JCA THEY BUILD IT, WE BOND IT PAYMENT AND PERFORMANCE BOND In Compliance with Florida Statutes 255.05 (1)(a) Bond No.: 800152145 Contractor Name: SanPik, Inc. Contractor Address: 4300 W Lake Mary Blvd. Ste 1010 #326 Lake Mary, Florida 32746-2449 Contractor Phone Number: (407) 988-1033 Surety Name: Atlantic Specialty Insurance Company Surety Address: 605 Highway 169 North, Suite 800 Plymouth, MN 55441 Surety Phone Number: (952) 852-2431 Owners Name: City of Sanford Owners Address: 300 N. Park Avenue Sanford, Florida 32771 Owners Phone Number: (407) 688-5028 Obligee Name: NIA (If contracting entity is different from the owner, the contracting public entity) Obligee Address: NIA Obligee Phone Number: NIA Contract No.: BID # IFB 23124-16 (If applicable) Project Name: SR46 Utilities Adjustments Project Location: Monroe RoadlUpsala Road to French Avenue (U.S. 17-92) Locate 20 LF of unknown size NPW main under proposed storm drain and removal of associated existing NPW main. b) Installation of 192 LF 8" PVC WM under proposed storm drain and removal of associated existing WM. c) 20 LF of vertical deflection of unknown NPW main under proposed storm drain and removal of associated existing NPW main. d) Locate and protect or adjust 20 LF of vertical deflection of 10" PVC WM under proposed storm drain and removal of associated existing Description of Work: NPW main e) Locale and protect 20 LF of vertical deflection of 4" HDPE NPW main under proposed storm drain and removal of associated existing NPW main. Q Locate and Protect existing 16" NPW main with stainless steel split casing. g) 30 LF of vertical deflection of 12" WM under proposed storm drain and removal of associated existing WM h) Installation of 120 LF 8" PVC WM under proposed storm drain and removal of associated existing WM. ) Removal of 120 LF 2" WM. j) Installation of 60 LF 8" PVC WM under proposed storm drain and removal of associated existing WM k) Installation of 100 LF 8" PVC WM under oroogsed slonn drain and removal of associated existing WM. 1) Installation of 100 LF 16" PVC WM under proposed storm drain and removal of associated existing WM i Adiuctment of two (2) manhole covers to final grade ii. Adiustment of 4 valve covers to final grade, iii. Approximately 100 SY of asphalt repair. iv. Mill and Overlay 200 SY of asphalt. 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.: 800152145 SECTION 00605 PROCUREMENT PERFORMANCE BOND (100% of Contract Price) KNOW ALL MEN BY THESE PRESENTS, that we, SanPik, Inc. - 4300 W Lake Mary Blvd. Ste 1010 #326 Lake Mary, Florida 32746-2449 , as Principal/ Contractor,and Atlantic Specialty Insurance Company as Surety, are held and firmly bound unto the CITY OF SANFORD, FLORIDA, as a municipal corporation of the State of Florida, as Obligee/City, in the sum of Two Million Three Hundred Sixty -Seven Thousand Six Hundred Forty -Two Dollars and 00/100 ($ 2,367,642.00 ) lawful money of the United States of American, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. WHEREAS, Contractor has by written agreement dated Aug 1st , 2024 , entered into a Contract with the City of Sanford in accordance with a bid (whether a proposal, response or other submission, by whatever name or of whatever nature) issued by the City for the furnishing of all labor, materials, equipment, machinery, tools, apparatus, means of transportation for, and the performance of the work covered in the procurement documents which relative to the City's purchasing or procurement solicitation entitled SR46 Utilities Adjustments - BID # IFB 23/24-16 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract as obligated to do so for the City and in accordance with all terms and conditions of the Contract, then this obligation shall be null and void; otherwise, it shall remain in full force andeffect. THE SURETY HEREBY WAIVES notice of any alteration or extension of time made by the City. WHENEVER CONTRACTOR SHALL BE AND DECLARED by the City to be in default under the Contract, the City having performed City's obligations thereunder, the Surety may promptly remedy the default or shall promptly: (1). Complete the Contract in accordance with its terms and conditions to include, but not be limited to, the time of performance which is of the essence; or (2). Expeditiously obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or if the City elects, upon determination by the City and the Surety jointly of the most responsible bidder, arrange for a Contract between such bidder and the City, and make available as work progresses (even though there should be a default or a succession of defaults under the contractor 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 be paid to the Contractor under the contract and any amendments thereto, less the amount properly paid by the City to the Contractor. 11Page NO RIGHT OF ACTION SHALL ACCRUE on this bond to orforthe use of any person or i Bond No.: 800152145 SECTION 00605 PROCUREMENT PERFORMANCE BOND (100% of Contract Price) corporation other than the City named herein or the heirs, executors, administrators, or successors of the City. NOTICE TO THE OBLIGEE that this Bond will expire prior to performance of the Principal's obligations shall be deemed a default. Notices under this bond shall be directed to the City Manager at the City Hall of the City of Sanford. And notices to the Principal and Surety shall be to their mailing addresses as set forth in the records of the Florida Department of State. THIS BOND SHALL BE KEPT IN FULL FORCE AND EFFECT by the Principal at all times until release by the Obligee. In the event of any material change, cancellation, expiration or non-payment of premiums, the Surety shall notify the City by certified mail or registered mail, return receipt requested, at least thirty (30) days prior to the effective date of the change, cancellation, or expiration of this Bond. Notice to the Obligee that this Bond will expire prior to performance of the Principal's obligations shall be deemed a default. SIGNED, SEALED AND DATED THIS 21 stDAY OF August _,2024 [Signature lines in a legally binding form.] ACCEPTED BY: ATTEST: 71 ",( H&GLG`T, k Traci Houchin (Aug 26,2024 11:52 EDT) Traci Houchin, MMC, FCRM City Clerk Approved as to form and legality: Lo mie N. Geoor`ACA. ki- WLC CA Lonnie N. Groot, ACA, for WLC, CA (Aug 22,2024'17:38 EDT) William L. Colbert, City Attorney Note: (1) (2)• (3). (4). 2 1 P a g e CITY OF SANFORD: Art Woodruff (Aug 22,2424 1 Art Woodruff Mayoro$itV of Sanford, Florida Date: ZZ Surety: Atlantic Specialty Insurance Company / r r_�V 1Ps1EALeyn Jese Sloan,Attorne -In-Fact & 0 o- 1986 -1986 Fbrida Licensed Resident Agent Write in the dollar amount of the bond, which must the same as the amount bid in the Solicitation. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Attorneys-in-factwhosign Bid Bonds or Contract Bonds must filewith each bond a certified. Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all ventures shall execute the Bond. If CONTRACTOR is Partnership, all partners shall execute 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. Bond No.: 800152145 PROCUREMENT PAYMENT BOND SECTION 00610 (100% of Contract Price) KNOW ALL MEN BY THESE PRESENTS, that we, SanPik, Inc. , as Principal/Contractor, and Atlantic Specialty Insurance Company , as Surety, are held and firmly bound unto the CITY OF SANFORD, FLORIDA, as a municipal corporation of the State of Florida, as Obligee/City, in the sum of Two Million Three Hundred Sixty -Seven Thousand Six Hundred Forty -Two Dollars and 00/100 dollars ($2,367,642.00 )lawful money of the United States of American, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. WHEREAS, Contractor has by written agreement dated Aug 1st , 2024 , entered into a Contract with the City of Sanford in accordance with a bid (whether a proposal, response or other submission, by whatever name or of whatever nature) issued by the City for the furnishing of all labor, materials, equipment, machinery, tools, apparatus, means of transportation for, and the performance of the work covered in the procurement documents which relative to the City's purchasing or procurement solicitation entitled SR46 Utilities Adiustments - BID # IFB 23/24-16 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if said Contractor and all subcontractors to whom any portion ofthe work provided for in said Contractis sublet and all assignees of said Contract and of such subcontractors shall promptly make payments to all persons supplying him or them with labor, products, services, or supplies for or in the prosecution of the work provided for in such Contract, or in any amendment or extension of or addition to said Contract, and for the payment of reasonable attorney's fees, incurred by the claimants in suits on this bond, then the above obligation shall be void; otherwise, it shall remain in full force and effect. HOWEVER, this bond is subject to the following conditions and limitations: (1). Any person, firm or corporation that has furnished labor, products, or supplies for or in the prosecution of the work provided for in said Contract shall have a direct right of action against the Contractorand Surety on this bond, which right of action shall be asserted in a proceeding, instituted in Seminole County, Florida. Such right of action shall be asserted in proceedings instituted in the name of the claimant or claimants for his or their use and benefit against said Contractor and Surety or either of them (but not later than one year after the final settlement of said Contract) in which action such claim or claims shall be adjudicated and judgment rendered thereon. (2). The Principal and Surety hereby designate and appoint Jorge L. Bracamonte as the agent of each of them to receive and accept service of processor other pleading issued orfiled in any proceeding instituted on this bond and hereby consent that such service shall be the same as personal service on the Contractor and/or Surety. (3). This bond is given pursuant to and in accordance with the controlling provisions of Section 255.05(9) Florida Statutes, and all the provisions of the law referring to this 1 I Page PROCUREMENT PAYMENT BOND Bond No.: 800152145 SECTION 00610 (100% of Contract Price) character of bond as set forth in any sections or as may be hereinafter enacted, and these are hereby made a part hereofto the same extent as if set out herein in full. NOTICE TO THE OBLIGEE that this Bond will expire prior to performance of the Principal's obligations shall be deemed a default. Notices under this bond shall be directed to the City Manager at the City Hall of the City of Sanford. And notices to the Principal and Surety shall be to their mailing addresses as set forth in the records of the Florida Department of State. THIS BOND SHALL BE KEPT IN FULL FORCE AND EFFECT by the Principal at all times until release by the Obligee. In the event of any material change, cancellation, expiration or non-payment of premiums, the Surety shall notify the City by certified mail or registered mail, return receipt requested, at least thirty (30) days prior to the effective date of the change, cancellation, or expiration of this Bond. Notice to the Obligee that this Bond will expire prior to performance of the Principal's obligations shall be deemed a default. SIGNED, SEALED AND DATED THIS 21 stDAY OF August , 2024 [Signature lines in a legally binding form.] ACCEPTED BY: ATTEST: rr",(�� Traci Houchin (Aug 27, 2024 15:45 EDT) Traci Houchin, MMC, FCRM City Clerk Approved as to form and legality: _Lonnie N. &oot, ACA foy WLC, CA ��e rd nr'�r 'Colbert, vn r ra r4��� n omn rrev cnn William L. Colbert, City Attorney CITY OF SANFORD: Art Woodruff (Aug 27, 202 .53 EDT) Art Woodruff Mayoro$�ty of Sanford, Florida Date: Z2 Surety: Atlantic Specialty Insurance Company .\o INsc;%" QG GpFPORgTF, yZc, ; €y SEAL m= == 1988 0 J s ie Sloan, A rney-In-Fact & o da Licensed Resident Agent NOTES: (1). Write in the dollar amount of the bond, which must the same as the amount bid in the Solicitation. (2). All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. (3). Attorneys -in -fact who sign Bid Bonds or Contract Bonds mustfile with each bond a certified. (4). Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is ajoint venture, all venturers shall execute the Bond. If CONTRACTOR is Partnership, all partners shall execute 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. ATTACH a certified Power -of -Attorney appointing individual Attorney -in -Fact for execution of Performance Bond on behalf of Surety. 21P2,ge OY OF SJ�NFORD FINANCE DEPARTMENT Bond NO.: 800152145 SECTION 00615 MATERIAL AND WORKMANSHIP BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE SanPik, Inc. , hereinafter referred to as "Principal" and Atlantic Specialty Insurance Company , hereinafter referred to as "Surety" are held and firmly bound unto 1) City of Sanford hereinafter referred to as the OWNER in the sum of ten percent (10%) of the Contract Price as adjusted under the Contract Documents 1 $236.764.20 * for the payment of which we bind ourselves, heirs, executors, successors and assigns, jointly and severally, firmly by these presents. *Two Hundred Thirty -Six Thousand Seven Hundred Sixty -Four Dollars and 20/100 WHEREAS, Principal has constructed certain improvements, including roadways, utilities, curbs, storm drains and other appurtenances in that certain Project described as SR46 Utilities Adjustments - BID # IFB 23/24-16 , and WHEREAS, the aforesaid improvements were made pursuant to an Agreement dated August 1_ _2024 , and filed with the Purchasing Office of OWNER; and WHEREAS, the Principal warrants and guarantees to the OWNER that all work, labor, materials, equipment and services furnished and performed has been done in a good and workmanlike manner and is of the highest quality, free from defects; and WHEREAS, Principal is obligated to protect the OWNER against any defects resulting from faulty Materials or Workmanship of said improvements and to maintain said improvements for a period of two (2) years from the date of Final Completion under the Contract Documents. NOW THEREFORE, the conditions of this obligation is such that if Principal shall promptly and faithfully protect the OWNER against any Defects resulting from faulty Materials and Workmanship of the aforesaid improvements and maintain said improvements for a period of two (2) years from the date of Final completion, then this obligation shall be null and void, otherwise it shall remain in full force and effect. 9) Name of Owner 2) Name of Project identified in Instructions to Bidders The OWNER shall notify the Principal in writing of any Defect for which the Principal is responsible and shall specify in said notice a reasonable period of time within which Principal shall have to correct said Defect. The Surety unconditionally covenants and agrees that if the Principal fails to perform, within the time specified, the Surety, upon thirty (30) days written notice from OWNER, or its authorized agent or officer, of the failure to perform will correct such Defect or Defects and pay the cost thereof, including, but not limited to engineering, legal and contingent costs. Should the Surety fail or refuse to correct said Defects, the OWNER, in view of the public interest, health, safety, welfare and factors involved, shall have the right to resort to any and all legal remedies 00615-1 OY OF Bond No.: 800152145 SXNFORD FINANCE DEPARTMENT against the Principal and Surety and either, both at law and in equity, including specifically, specific performance to which the Principal and Surety unconditionally agree. The Principal and Surety further jointly and severally agree that the OWNER at its option, shall have the right to correct said Defects resulting from faulty Materials or Workmanship, or, pursuant to public advertisement and receipt of Bids, cause to be corrected any Defects or said Defects in case the Principal shall fail or refuse to do so, and in the event the OWNER should exercise and give effect to such right, the Principal and the Surety shall jointly and severally hereunder reimburse the OWNER the total cost thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages either direct or consequent which may be sustained on account of the failure of the Principal to correct said defects. IN WITNESS WHEREOF, this instrument is executed this the 21st day ofAugast,2024 ATTEST: Secretary (Principal) i yped Name (CORPORATE SEAL) (Witn ss to Principal) Ty�e�e ATTEST: rety) Sem4a�yiss Jorge L. Bracamonte Typed Name (CORPORATE SEAL) Vtlrtrress-as to Surety Diana Alvarez 00615-2 SanPik, Inc. Principa (Co ractor) (Si nature) Matthew Sands. President Typed Name and Title 4300 W Lake Mary Blvd. Ste 1010 #326 Address Lake Mary, Florida 32746-2449 City, State, Zip (407) 988-1033 Telephone No. Facsimile No. Atlantic Specialty Insurance Company 605 Highway 169 North, Suite 800 Plymouth, MN 55441 Surety (952) 852-2431 Telephone No, Facsimile No. • \=�j Y' IM SVS•.. = SEAL By: i - 1986 c_ Attomey-in-Fact =d 'E„ 1� h. Jes i Sloan, Attorney -In -Fact & Florida Licensed Resident Aaent Typed Name