HomeMy WebLinkAbout2624 IFB 21/22-21 Sawcross, Inc - material/workmanship bondGRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2025079023 l3k:10877 Pg:1448_1452(5Pgs)
REC: 08/13/2025 2:58:15 PM by cjones
RECORDING FEES $44.00
Sanford North WRF: Tertiary Filtration System Improvements - Project Manual VVU& -
Bond No.: 30158552MTC SECTION 00625
MATERIAL AND WORKMANSHIP BOND FORM
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KNOW ALL MEN BY THESE PRESENTS: That we, (1) Sawcross, Inc.
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a (2) Corporation _ organized under the laws of the State of Florida
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and regularly authorized to do business in the State of Florida as Principal, and we (3)_
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Western Surety Company a (2) Corporation organized under the laws of the State
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of South Dakota and regularly authorized to do business in the State of Florida as Surety,
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are held and firmly bound unto the City of Sanford, Florida hereinafter called the Owner in
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accordance with a Contract hereinafter referred to, in the full and just sum of (4)
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Five Million Five Hundred Eighty Five Thousand Sixty two and 29/100th Dollars
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($ 5,585,062.29 ) in lawful money of the United States, for the payment
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of which sum well and truly to be made unto the said Owner, we bind ourselves, our heirs,
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executors, administrators, successors and assignees, jointly and severally, firmly by these
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presents.
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WHEREAS, the said Contractor has constructed certain improvements, including, but not limited
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to, the following elements at the Sanford North WRF: Demolition and legal disposal of the
"existing" DynaSand filtration system and associated equipment, demolition and legal disposal of
the "existing" alum and polymer chemical tanks, structure, piping, pumps and associated
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infrastructure; modifications to the existing DynaSand filtration system structure to prepare it for
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the new Tertiary Disc Filtration System; installation of the new Tertiary Disc Filtration System and
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all associated infrastructure and appurtenances; installation of piping, valving and metering
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systems; electrical, controls, instrumentation and SCADA system improvements; site work, yard
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piping, walkways, stormwater management system improvements, plant internal roadway
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improvements, signage, landscaping, sodding, irrigation system and miscellaneous appurtenances
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and ancillaries; lighting and security systems; manufacturer (PW Tech) tum-key installation of a
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second dewatering screw (drum) into each of the two existing dewatering screw presses in the
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Biosolids Dewatering Building (west side of site), chemical feed skids and all associated electrical,
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controls, instrumentation and SCADA modifications; and various other site improvements in the
Project designated as the Sanford North WRF - Tertiary Filtration System Improvements
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located in Sanford, FL; and
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(1) Contractor (3) Surety
(2) Sole Proprietor, Partnership or Corporation (4) 110 percent of the Contract
January 28, 2022 Material and Workmanship Bond Form
Sanford North WRF: Tertiary Filtration Svstem Imorovements • Project Manual 00625-2
WHEREAS, the aforesaid improvements were made pursuant to an Agreement dated May
9 , 2022, and filed with the Purchasing Office of the Owner; and
WHEREAS, the Contractor warrants and guarantees to the Owner that all work, labor, materials,
equipment and services furnished and performed has been done in a professional and workmanlike
manner and is of the highest quality, free from defects; and
WHEREAS, the Contractor 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 Project Completion and Acceptance by the
Owner under the Contract Documents.
NOW THEREFORE, the conditions of this obligation is such that if the Contractor 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, unless a longer period of time is required in the
individual specification sections for the project, then this obligation shall be null and void,
otherwise it shall remain in full force and effect.
THE OWNER shall notify the Contractor in writing of any Defect for which the Contractor is
responsible and shall specify in said notice a reasonable period of time within which Contractor
shall have to correct said Defect.
THE SURETY UNCONDITIONALLY COVENANTS AND AGREES that if the Contractor 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 against the
Contractor and Surety and either, both at law and in equity, including specifically, specific
performance to which the Contractor and Surety unconditionally agree.
THE CONTRACTOR 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 Contractor shall fail or refuse to do so, and in the event the
Owner should exercise and give effect to such right, the Contractor 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 Contractor to correct said defects.
January 28, 2022 Material and Workmanship Bond Form
Sanford North WRP Tertiary Filtration System /mwovements - Project Manual 00625.3
IN WITNESS WHEREOF, the Contractor and Surety have executed this Bond in several
counterparts, each one of which shall be deemed an original, this the 15th day of
January . 2025.
ATTEST:
(Contractor) Secretary
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'Pranc ,, HJc�inbotham, Corporate Secretary
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By ture)
April L. Lively, Witness
Typed Name
Sawcross Inc.
(Contractor)
By (Signature)
Mark Hickinbotham, President
Typed Name and Title
10970 New Berlin Road
Address
Jacksonville, FL 32226
City, State, Zip
Western Surety Company
Surety
Attorne in -Fact & FL Licensed Resident Agent
Allyson Foss Wing
Typed Name Inquiries (407) 834-0022
January 28, 2022 Material and Workmanship Bond Form
Sanford !North WRF: Tertiary Filtration System Improvements - Project Manual OM25•4
151 N. Franklin Street
Address
Chicago, IL 60606
City, State, Zip
(312)822-5000 N/A
Telephone No. FAX No.
NOTE: The date of the Bond must not be prior to date of the Agreement. If the
Contractor is a joint venture, all venturers shall execute the Bond. If the
Contractor is a partnership, all partners shall execute the Bond. The Surety's
obligations run as to all such parties.
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 copy of the Power -of -Attorney appointing individual Attorney -in -Fact
for execution of the Material and Workmanship Bond on behalf of Surety
END OF SECTION
January 28, 2022 Material and Workmanship Bond Form
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
Bryce R Guignard, M Gary Francis, April L Lively, Jennifer L Hindley, Margie L Morris, Allyson Foss Wing, Deborah
Ann Defoe, Christine A Morton, Kelly Phelan, David R Turcios, Martel Urchipia, Amanda Jo Herstine, Individually
of Longwood, FL, its true and lawful Attomey(s)-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 aJl 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 authonty of the Authorizing By -Laws and Resolutions printed at the bottom of this page, duly
adopted, as indicated, by the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be sighted by its Vice President and its corporate seal to be hereto affixed on
this 14th day of February, 2024.
Erne WESTERN SURETY COMPANY
Larry Kasten, Vice President
State of South Dakota 1
County of Minnehaha
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On this 14th day of February, 2024, before me personally came Larry Kasten, to me known, who, being by me duly sworn, did depose and say: that he resides in the
City of Sioux Fails, State of South Dakota; that he is a Vice President of WF.STF.RN 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 ..,. M. BENT
i Notnnr PUBLIC i
March 2 2026 l�sotrtt t>rturorA�I
M. Bent, Notary Public
CERTIFICATE
I, Paula Kolsrud, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force, and
further certify that the By -Law and Resolutions of the corporation printed below this certificate are still in force. In testimony whereof I have hereunto subscribed my name
and affixed the seal of the said corporation thisl5th day of January 2025
_rrc WESTERN SURETY COMPANY
h _ Paula Kolsrud, Assistant Secretary
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_ t Authorizing By -Laws and Resolutions
';4 01?4D- IE SIiAlti HOLDERS OF WESTERN SURETY COMPANY
r771 i Power of AtVYaey is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of die Company
Section 7. All,bonds, policies, undertakings, Powers of Attomey, or other obligations of the corporation shall be executed in the corporate name of the Company by
the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any
Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Factor agents who shall have authority to issue bonds, policies, or undertakings
in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
This Power of Attorney is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above Bylaw to execute power of attomeys on behalf of Westem
Surety Company.
This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal under and by the authority of the following
Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27' day of April, 2022:
"RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and
confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be considered the act and deed of the Company "
Go to ,t v� w.cnauurQt%. cum > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
form F4290S2023