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HomeMy WebLinkAbout2598 IFB 23/24-25 SWRC Bar Screen Replacement (perf bond)0CITY OF FOIW SXRFINANCE DEPARTMENT Thursday, January 30, 2025 PURCHASING DEPARTMENT TRANSMIT'T'AL MEMORANDUM To: City Clerk RE: IFB 23/24-25 SWRC Bar Screen Replacement 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: Please forward bonds for recording and notify purchasing when complete. Fra x,k, M a4c� From T.\Dept_forms\City Clerk Transmittal Memo - 2009.doc 1/30/2025 Date JCA Surety Group, LLC 123 Zelma Street, Suite A Orlando, FL 32803 Tel (321) 800-6594 Fax (407) 264-8321 www.jcasurety.com December 30, 2024 City of Sanford 300 N. Park Avenue Sanford, Florida 32771 J CA THEY BUILD IT, WE BOND IT RE: Authority to Date Performance and Payment Bonds and Powers of Attorney Principal: SGS Contracting Services, Inc. Bond No: 800152170 Project: IFB 23124-25 SWRC Bar Screen Replacement To Whom It May Concern: Please take this letter as authorization from the surety company to date the above referenced bonds and powers of attorney the same date as the contract. Please forward us a scanned copy once the bonds are dated. iv own Sincerely, o z g 0 O. OV CD "+ At!antic Specialty Insurance CompanyC CD W y c C Jessie Sloan, Attorney -In -Fact & Florida Licensed Resident Agent Send copy of bonds to: Bonds@jcasurety.com JCA Surety Group, LLC 123 Zelma Street, Suite A Orlando, FL 32803 JCA Tel (321) 800-6594 Fax (407) 264-8321 www.jcasurety.com THEY BUILD IT, WE BOND IT PAYMENT AND PERFORMANCE BOND In Compliance with Florida Statutes 255.05 (1)(a) Bond No.: 800152170 Contractor Name: SGS Contracting Services, Inc. Contractor Address: 25613 W. US Hwy 27 High Springs, FL 32643 Contractor Phone Number: (386) 361-5300 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.: IFB 23124-25 (If applicable) Project Name: SWRC Bar Screen Replacement Bid # IFB 23124-25 Project Location: 3540 Cameron Ave Sanford, FL 32773 Description of Work: Furnish a front -cleaning, front -return link driven mechanically cleaned bar screen assembly and install any and all auxiliary and related equipment or accessories. 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. 800152170 SECTION 00605 PROCUREMENT PERFORMANCE BOND (100% of Contract Price) KNOW ALL MEN BY THESE PRESENTS, that we, SGS Contracting Services, Inc. - 25613 W. US Hwy 27 High Springs, FL 32643 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 Nine Hundred Eiqhtv Five Thousand Seven Hundred Dollars and 00/100 ($ 985,700.00 ) 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 +&,y 20 ,bW 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 SWRC Bar Screen Replacement - BID # IFB 23/24-25 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 and effect. 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 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 be paid 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 orfor the use of any person or Bond No. 800152170 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 DAY OF ?h1 )1 ty , 2 r [Signature lines in a legally binding form.] ACCEPTED BY: ATTEST.- CITY OF SANFORD: I r I ll ` �1vo_ MI vzii C. A•'`� � {i, j) � Traci Houchin, MMC, FCRM II . ��� -"Art oodfiuff V` City Clerk Mayot, City of Sanford, _FJrida i. Dat . 1 - t �_ 7 f Approved as to form and legality: V I m L. Colbert, City Attorney 0 - ` �. l 21 Atlantic Specialty Insurance Company Jessie Sloan, Attorney -In -Fact & Florida Licensed Resident Agent Inquiries: (321) 800-6594 O e: 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-factwhosign Bid Bonds orContract Bonds mustfilewith each bond a certified. (4). 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. 800152170 PROCUREMENT PAYMENT BOND SECTION 00610 (100% of Contract Price) KNOW ALL MEN BY THESE PRESENTS, that we, SGS Contracting Services, Inc. as Principal/Contractor, and Atlantic Soecialtv Insurance Comnanv 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 Nine Hundred Eighty Five Thousand Seven Hundred Dollars and 00/100 dollars ($ 985,700.00 ) 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 a-�beY �� 20 At, 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 WRC Bar Screen Replacement - BID # IFB 23/24-25 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if said Contractor and all subcontractors to whom any portion of the work provided for in said Contract is 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 Contractor and 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 process or other pleading issued or filed 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. 1 i (3). This bond is given pursuant to and in accordance with the controlling provisions of Section 255.05(1) Florida Statutes, and all the provisions of the law referring to this Bond No. 800152170 PROCUREMENT PAYMENT BOND 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 (J UAY OF 201L. [Signature lines in a legally binding form.] ACCEPTED BY: ATTEST: Traci Houchin, MMC, FCRM City Clerk / N] k r'A191;&_T-1 Ar`i Woodruff � Mayor, City of S ford, Florida `Date: [ 3 Z Approved as to form and legality: °-:N Surety: Atlantic Specialty Insurance Company 141 ;..`? s Jessie S n Attorney -In -Fact & 4(-WilYk6m L. Colbe CityAttorne Florida Licensed Resident Agent /e n1' 6// 1 Inquiries (321) 800-6594 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). Attomeys-in-factwho sign Bid Bonds or Contract Bonds mustfilewith each bond a certified. (4). Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint 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 Attomey-in-Fact for execution of Performance Bond on behalf of Surety. 21 Bond No. 800152170 ®/S CITY OF 01UD FINANCE DEPARTMENT SECTION 00615 MATERIAL AND WORKMANSHIP BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE SGS Contracting Services, Inc. , hereinafter referred to as "Principal' and _ Atlantic Specialty Insurance Companv , 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 J $98,570.00* for the payment of which we bind ourselves, heirs, executors, successors and assigns, jointly and severally, firmly by these presents. * Ninety -Eight Thousand Five Hundred Seventy Dollars and 00/100 WHEREAS, Principal has constructed certain improvements, including roadways, utilities, curbs, storm drains and other appurtenances in that certain Project described as 2) WRC Bar Screen Replacement - BID # IFB 23/24-25 , and WHEREAS, the aforesaid improvements were made pursuant to an Agreement dated _ OAA � 2L . ,,10;2 and filed with the Purchasing Office of OWNER; and I ' 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. ?) 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 Witness as to Surety Hallie Martin Typed Name Bond No. 800152170 � �CITY OF s�o� FINANCE DEPARTMENT 123 Zelma Street, Suite A Address Orlando, FL 32803 City, State, Zip (321)800-6594 (407)264-8321 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint 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. END OF SECTION 00615-3 intact INSURANCE ower of Attar nes;, KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Jessie Sloan, Jorge L. Bracamonte, each individually if there be more than one named, its true and lawful Attomey-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attomey-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2023. 14 a\4�PPOR,tT�,9Z,'; N SEAL m� 1986 oi By STATE OF MINNESOTA `Z� IFN' y09''+a , Sarah A. Kolar, Vice President and General Counsel HENNEPIN COUNTY °•�1r 1; *�••' On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me duly swom, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. t """ ALISON D. NASH-TROUT + , NOTARY PUBLIC - MINNESOTA 4 iu My Commission Expires January 31, 2030 Notary Public I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated day of This Power of Attorney expires January 31, 2030 Please direct bond verifications to surely(@intactinsurance.com Kara L.B. Barrow, Secretary Bond No. 800152170 � CITY OF SANFORD D) 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 c-, day of ATTEST: Secretary (Principal) ATTEST: (S ety) See etarq Witness Jorge L. Bracamonte Typed Name (CTE SEAL) Q:*� Witness as to Surety Diana Alvarez Typed Name 00615-2 SGS Contracting Services, Inc. Princi tractor) By (Signa reJ -) Seth G. Simmons, President Typed Name and Title 25613 W. US Hwy 27 Address High Springs, FL 32643 City, State, Zip (386) 361-5300 Telephone No. Facsimile No. Atlantic Specialty Insurance Company 605 Highway 169 North, Suite 800 Plvmouth, MN 55441 Surety (952)852-2431 (888)874-3484 Telephone No. Facsimile No. By: - - Attomey-in-Fact Jessie Sloan, Attorney -In -Fact & Florida Licensed Resident Agent Typed Name Typed Name f .„""""""� IN G ,.PGT FSP 0R9 (CORPORATE SEAL) ; _ o ; o _ _ m m" SEAL FkORIDPId ..° (Witness to Pr' iip/al) v tl v �k-C-"� ( ww �-0 I Typed Name L ATTEST: (S ety) See etarq Witness Jorge L. Bracamonte Typed Name (CTE SEAL) Q:*� Witness as to Surety Diana Alvarez Typed Name 00615-2 SGS Contracting Services, Inc. Princi tractor) By (Signa reJ -) Seth G. Simmons, President Typed Name and Title 25613 W. US Hwy 27 Address High Springs, FL 32643 City, State, Zip (386) 361-5300 Telephone No. Facsimile No. Atlantic Specialty Insurance Company 605 Highway 169 North, Suite 800 Plvmouth, MN 55441 Surety (952)852-2431 (888)874-3484 Telephone No. Facsimile No. By: - - Attomey-in-Fact Jessie Sloan, Attorney -In -Fact & Florida Licensed Resident Agent Typed Name