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HomeMy WebLinkAbout2626 C F Curtis Constr - IFB 23/24-40R - pool filters acquatic center (perf/pymnt bond)Bond Number: OFB7485944 SECTION 00605 >a4I PROCUREMENT PERFORMANCE BOND(100% of Contract Price) KNOW ALL MEN BY THESE PRESENTS, that we, C F Curtis Construction, Inc. as Principal/Contractor, and Old Republic Surety 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 (Written Dollar Amount) dollars ($ 149,379.00 ) 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--c-, t%+"t , 20 25 , 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 IFB 23/24-40R Pool Filters Replacements Larry A. Dale Aauactiic. 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 orforthe use of any person or PROCUREMENT PAYMENT BOND SECTION 00610 (100% of Contract Price) character of bond as set forth in any sections or as maybe hereinafter enacted, and these are hereby made apart hereof to 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 17tn [Signature lines in a legally binding form.] ACCEPTED BY: ATTEST: Traci Hou City Clerk DAY OF July CITY OF SANF R1D: / F 04 FCRM o �I V Approved as to form and legality: rt Woodruff 1 1Vlayor, City of Sanford, Flori� Date: k; + 2025 20 Ebert City Attorney • a Janice E Keppeler, Attorhey-in-fact (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 must file with 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 Attorney -in -Fact for execution of Performance Bond on behalf of Surety. 21 OLD REPUBLIC SURETY COMPANY * POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC' SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: KENNETH M. BROWN, JANICE E. KEPPELER, OF MAITLAND, FL its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the company as surety, to execute and deliverand affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned andsealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits nfthe mithority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification there of 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 affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 29TH day of JUNE, 2023. Assistant Secretary STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS OLD REPUBLIC SURETY COMPANY •` sumPA �� p.rw.r• °o'� o SEAL ► • p //0* President On this 29TH day of JUNE, 2023 , personally came before me, Alan Pavlic and Karen 1 Haffner , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. Notary Pubic D My commission expires: 9/28/2026 CERTIFICATE (Expiration o::wft y .melon does not invalidate this instrument) 1, the undersigned; assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attomey remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attomey, are now in force. �j l 92-2963 Signed and sealed at the City of Brookfield; WI this f- / day of C� SURE,"', —' ='yl SE?►I' 1 � Assistant Secretary ARTHUR J. GALLAGHER RISK MNGT 22851-W Poaoxs 102020 G GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2025078076 Bk:10876 Pg:288-290(3Pgs) REC: 08/11/2025 4:09:59 PM by hdevore RECORDING FEES $27.00 Bond Number: OFB7485944 PROCUREMENT PAYMENT BOND SECTION 00610 (100% of Contract Price) KNOW ALL MEN BY THESE PRESENTS, that we, C F Curtis Construction, Inc, as Principal/Contractor, and Old Republic Surety Company as Surety, are held and firmly bound unto the CITY OF SANFORD, FLORIDA, as a municipal corporation of the State of Florida, as Obligee/City, in the sum of (Written Dollar Amount) dollars ($ 149,379.00 ) 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 ur e-, l: 8+14 , 20 25 , 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 IFB 23124-40R Pool Filters ReDlacements Larry A. Dale Aauactic. 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 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, orin any amendment or extension of or addition to said Contract, and forthe 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 Arthur J Gallaaher Risk Management Services_ LLC 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. (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 11 - 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 17 DAY OF JU1y [Signature lines in a legally binding form.] ACCEPTED BY: ATTEST: 6 d-_60htr,4,. 1 w Traci Houchin, MMC, FCRM City Clerk I M"""'j Approved as to form and leg 21 CITY OF SANFORD: Art W-6odruff Mayor, City of Sanford, Florida )te: 2 . 20 25 'oberf, City Attorney 5�T 1 K. �r�ene,�Keppel�ler,Janice Attdrhey-in- act (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 must file with 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. * OLD REPUBLIC SURETY COMPANY * POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: KENNETH M. BROWN, JANICE E. KEPPELER, OF'MAITLAND, FL its true and lawful Attomey(s)-in-Fact, with full power and authority, for and on behalf of the company as surety, to execute and deliverand affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attomeys-in-Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president; any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned andsealed (if a seal be required) by a duly authorized attomey-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits ofthe authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification there of 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 affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 29TH day of JUNE, 2023. Assistant Secretary STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS „ w„w OLD REPUBLIC SURETY COMPANY .� sushi •:: of ro S AL p President On this 29TH day of JUNE, 2023 personally came before me, Alan Pavlic and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. K t ► Notary Public i0+rstJf' My commission expires: 9/28/2026 CERTIFICATE (Expiration of notary commission does not invalidate this instrument) 1, the undersigned; assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the Foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. /� c 92-2963 Signed and sealed at the City of Brookfield, WI this day oFft�O (, J jO�J�W 9UgCrt :� 't v %• 7AA = 4 of SpL �1� l4A,t,I�It c�•. Assistant Secretary ARTHUR J. GALLAGHER RISK MNGT 22851-W POAORS 102020 2 M cl n N M .-a LL, TJ w c a� Q x a z 0 0 M w c ea 0 U c 0 Z 4 bo c ca 1 a 0 E a .r a� d 0 Ca bo C cn .0 cl U t., C a .c �v cl a U a. GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2025078077 Bk:10876 Pg:291-293(3Pgs) REC: 08/11/2025 4:10:00 PM by hdevore RECORDING FEES $27.00