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HomeMy WebLinkAbout1956 IFB 15/16-12 Northstar Stormwater Improvement (copy)�; tomo 0 FINANCE DEPARTMENT PURCHASING DEPARTMENT T'RANSMI'TTAL MEMORANDUM To: City Clerk RE: Request for Services The item(s) noted below is/are attached and forwarded to your office for the following action(s): Development Order Final Plat (original mylars) Letter of Credit Maintenance Bond Ordinance ❑ City Mayor's Signature ® City Clerk Record Keeping ❑ Safe Keeping ❑ City Attorney's Signature ❑ City Clerk's Signature Payment and Performance Bond Resolution IFB 15/16-12 Northstar Stormwater Improvements Once completed, please: ❑ Return originals ❑ Return copy Special Instructions: Attached copies are for City Clerk records. Part of the original contract documents for IFB 17/18-12 Northstar Stormwater Improvements Thank you! MfAeo� I FromI 'I T:0ept_forms\City Clerk Transmittal Memo - 2009.doc C)911;411 -d - Date Executed in 3 counterparts CONSENT OF SURETY TO FINAL PAYMENT WE, Berkley Insurance Company having heretofore executed Performance and Payment Bonds No. 0192770 for the Project known as Northstar Stormwater Improvements (IFB 15/16-12), in the amount of $658,505.00 hereby agree that City of Sanford , hereinafter referred to as OWNER may make full payment of the final estimate, including the retained percentage, to the CONTRACTOR, McMahan Construction Co., Inc. The Surety concurs that full payment to the CONTRACTOR is appropriate and the Surety expressly releases the OWNER from all liability to Surety resulting from full payment to CONTRACTOR. It is fully understood that the granting of the right to the OWNER to make payment of the final estimate to said CONTRACTOR and/or his assigns, shall in no way relieve this surety company of its obligations under its bond, as set forth in the specifications, contract and bond pertaining to the above project. IN WITNESS WHEREOF, the Berkley Insurance Company has caused this instrument to be executed on its behalf by its representative --------------------- and its duly authorized attorney in fact, and its corporate seal to be hereunto affixed, all on this 8th day of August , 2018 Berkley Insurance Company Surety Attorney -In -Fact & FL Licensed Resident Agent, Teresa L. Durham, (407) 786-7770 (Power of Attorney must be attached if executed by Attorney in Fact) STATE OF Florida COUNTY OF Orange The foregoing instrument was acknowledged before me this 8th day of August , 9019 by Teresa L. Durham of Berkley Insurance Company (corporation), on behalf of the corporation, who is personally known to me or has produced N/A (Type of Identification) as identification and who did (did not) take an oath. Sworn to and subscribed to before me this 8th day of August 2018 Swan M _ ail ,VW (Signature) Sarah M. Drinnan (Print name) Notary Public in and for the County and State Aforementioned My Commission Expires: 09/01/2019 u"sy µyr Notary Flubflc State of Florida r Sarah M. Drinnan iNly Commission Fr 914823 9rd Oi FI0* Expires OW 1/2019 �G••a{�Ll �a"E�N"ti4a>s�": �.dFi9�nA�:+'':��t�V'��3 Northstar Stormwater Improvements CONSENT OF SURETY TO FINAL PAYMENT IFB 15/16-12 Page 1 of 1 No. BI -10097b POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted CZ Y and appointed, and does by these presents make, constitute and appoint: Sim E. Niv; Jeffrey W. Reich; Gloria A. Richards; Lisa Roseland; Susan L. Reich; Teresa L. Durham; Don Bramlage; or Cheryl Foley of Florida Surety Bonds, Inc. of Maitland, FL L its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation 'E shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following o > resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: > � c RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief E c Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Z Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to oL execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such 3 attorney-in-fact and revoke any power of attorney previously granted; and further a RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or = other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner P and to the extent therein stated; and further Q > RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further o RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any n .5 power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or CU other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as Uthough manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any .� person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have -tea ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Compa}}��y has caused thele presents to be signed and attested by its appropriate officers and its 0 o corporate seal hereunto affixed thisU'tday of aoqu 2016. c au CZ44 CJ Attest: Berkley Insurance Company CZ W (Seal) By o Ira S. Lederman TSn after o Executive Vice President & Secretary r V President D 0 WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. w U.- STATE OF CONNECTICUT) o ) ss: N COUNTY OF FAIRFIELD } /► Y Sworn to before me, a Notary Public in the State of Connecticut, this Z2 day of , 2016, by Ira S. Lederman and Y_ Jeffrey M. Hafter who are sworn to me to be the Executive Vice President and Se etary, and e Senior Vice President, respectively, of Berkley Insurance Company.MARIA C. RUNDBAKEN c Ca NOTARY PUBLIC MY COMMISSION EXPIRES Notary Public, State of Connecticut APRIL 30, 2019 Z CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct ami and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Q Attomey-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as 3 - of this date. A p Given under my hand and seal of the Company, this 3VVN day of ��tit. i•� (Seal) . Vincent P. Forte Please verify the authenticity of the instrument attached to this Power by: Toll -Free Telephone: (800) 456-5486; or Electronic Mail: BSGInquiry(a-),berkleysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this Power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGCIaim cr berkleysurety.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company, Berkley Regional Insurance Company and Carolina Casualty Insurance Company. MATERIAL AND WORKMANSHIP BOND (10% of Contract Price) Bond #0192770 Executed in 3 counterparts KNOW ALL MEN BY THESE PRESENTS that: McMahan Construction Co., Inc. (Name of CONTRACTOR) 123 East Indiana Ave.. DeLand, Florida 32724 (Address of CONTRACTOR) CONTRACTOR's Telephone Number: 386-734-1071 a Corporation (Corporation, Partnership, or Individual) hereinafter called "Principal", and Berkley Insurance Company (Name of Surety) 475 Steamboat Rd., Greenwich, CT 06830 (Address of Surety) Surety's Telephone Number: 203-542-3800 hereinafter called "Surety", are held and firmly bound unto CITY of SANFORD, 300 N. Park Ave., Sanford, Florida 32771, hereinafter called "CITY", in the sum of ten percent (10%) of the Contract Price as adjusted under the Contract Documents. The Final Contract Price is $598,335.00, therefore Principal and Surety are held and firmly bound unto CITY the sum of Fifty-nine thousand eight hundred thirty-three and 50/100 DOLLARS ($59,833.50) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. CITY's telephone number is (407) 688-5028. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with CITY, dated the 25' day of April , 20 16 , a copy of which is hereto attached and made a part hereof for the construction of: Northstar Stormwater Improvements (IFB No. 15/16-12). Principal is obligated to protect the CITY against any defects resulting from faulty Materials or Workmanship of said improvements for a period of two (2) years from the date of Final Completion under the Contract Documents, which is March 25, 2017 The conditions of this obligation are such that if Principal shall promptly and faithfully protect the CITY against any Defects resulting from faulty Materials and Workmanship of the aforesaid 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. Northstar Stormwater Improvements MATERIAL AND WORKMANSHIP BOND IFB 15/16-12 (10% of Contract Price) Page 1 of 4 The CITY 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 CITY, 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 cost. Should the Surety fail or refuse to correct said Defects, the CITY, in view of the public interest, health, safety, welfare and factors involved, shall have the right to resort to any and all legal remedies 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 CITY 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 CITY should exercise and give effect to such right, the Principal and the Surety shall jointly and severally hereunder reimburse the CITY the total cost thereof, including, but not limited to, engineering, legal and contingent cost, together with any damages either direct or consequent which may be sustained on account of the failure of the Principal to correct said defects. (Signature Pages Follow) Northstar Stormwater Improvements MATERIAL AND WORKMANSHIP BOND IFB 15116-12 (10% of Contract Price) Page 2 of 4 IN WITNESS WHEREOF, this instrument is executed this 8th day of August , 20 18 MUM -3 �0m By: Secretary Lisa A. Dean Typed Name of Secretary UST'itness to O John Justus, Jr. Typed Name (Witness to C NTRACTOR) Mary L. Thomas Typed Name PRINCIPAL/CONTRACTOR McMahan Construction Co.. Inc. PRINCIPAL / CONTRACTOR _NO By: CONTRACTOR Signatory Authority Dean Kellogg - Vice President Typed Name and Title 123 East Indiana Ave. Address Deland, Florida 32724 City, State, Zip 386-734-1071 386-738-2692 Telephone No. Facsimile No. (Surety Signature Page Follows) Northstar Stormwater Improvements IFB 15116-12 Page 3 of 4 MATERIAL AND WORKMANSHIP BOND (10% of Contract Price) ATTEST.- ,._-�,Y�1-h� l - (SURETY) Secretary Susan L. Reich Typed or Printed Name Witness as to §UMTY ` Whitney Quillin TypeNT inted N m Witne P as to SU ET Jenna Paean Typed or Printed Name SURETY Berkley Insurance Company SURETY By: 9-/- LL 1. 1 - Teresa L. Durham Typed or Printed Name Attorney -In -Fact & FL Licensed Resident Agent* Title 475 Steamboat Road Address Greenwich, CT 06830 City, State, Zip (203) 542-3800 (973) 775-5204 Telephone No. Facsimile No. NOTE: 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 a Partnership, all partners shall execute the 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 CITY. All bonds shall be originals and issued or countersigned by a local producing agent who is authorized to operate in the State of Florida. Attorneys -in -fact who sign Bid Bonds or Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to sign such Bond. Agents of Surety companies must list their name, address, and telephone number on all Bonds. Northstar Stormwater Improvements IFB 15/16-12 Page 4 of 4 *Florida Surety Bonds, Inc. 620 N. Wymore Rd., #200 Maitland, FL 32751 Inquiries: (407) 786-7770 MATERIAL AND WORKMANSHIP BOND (10% of Contract Price)