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HomeMy WebLinkAbout2654 S.A. Casey Construction - Ft Mellon Pk Imprvmnts - IFB 25/26-04 (perf bond)THE ATTACHED STATUTORY COVER PAGE FORMS AND BECOMES A PART OF THIS BOND. SECTION 00605 Executed in 2 Counterparts PROCUREMENT PERFORMANCE BOND Bond No. 101715685 (100% of Contract Price) Purchase Order No. 042032 KNOW ALL MEN BY THESE PRESENTS, that we, S.A. Casey Construction, Inc. as Principal/Contractor, and Merchants National Bondinq, Inc. , 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 ($ 4,410,000.00-----------------________�_______� 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 December 18 , 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 25/26-04 Ft_ Mellon Park Improvement. 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. *Four Million Four Hundred Ten Thousand & 00/100 NO RIGHT OF ACTION SHALL ACCRUE on this bond to orforthe use of any person or 11 Page 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 22nd DAY OF January 2026 [Signature lines in a legally binding form.] S.A. y Construction, Inc.: ACCEPTED BY: �rn ATTEST., CITY OF SANFORD: 7-ra,cii fill` Traci Hourhin (Jan 27, 2026 18:14:01 EST) Traci Houchin, MMC, FCRM City Clerk Approved as to form and legality: 1_inkag N. Gveene Lindsay N. Greene (Jan 27, 2026 15:38.02 EST) Lindsay Greene, City Attorney av�_k4to art Woodruff (Jan 27, 202615:59:10 EST) Art Woodruuyff1 Mayor'7%Oof Sanford, Florida Date: 2 1L Merchants National Bonding, InC 11 N � l Jeffrey W. Reic orney-in-Fact &FL.Pe'Resident Agent Inquiries: 407- 6-7770 Note: (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-fact who sign BidBonds orContractBondsmust filewitheach bond acertified. (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. 21Page THE ATTACHED STATUTORY COVER PAGE FORMS AND BECOMES A PART OF THIS BOND. Executed in 2 Counterparts PROCUREMENT PAYMENT BOND Bond No. 101715685 SECTION 00610 Purchase Order No. 042032 (100% of Contract Price) KNOW ALL MEN BY THESE PRESENTS, that we, S.A. Casey Construction, Inc. as Principal/Contractor, and Merchants National Bonding, Inc. 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 ($4,410,000.00----------- —---------------- ---------- ---------- ) 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 December 18, 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 25/26-04 Ft. Mellon Park Improvement. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if said Contractor and all subcontractors to whomany portion oftheworkprovided forin 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 orextension oforaddition to said Contract, and for the payment of reasonable attorney'sfees, 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 rightof 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 eitherof 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). he Principal and Surety hereby designate and appoint S UlL K 6 S pa , CFA (Principal) and Jeffrey W. Reich (Surety) as the agent of each of them to receive @nn accept service of processor 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 "Four Million Four Hundred Ten Thousand & 00/100 11 Page 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 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 defaultt. . SIGNED, SEALED AND DATED THIS22nd DAY OF January , 2R6 [Signature lines in a legally binding form.) S.A. y Construction, Inc.: ACCEPTED BY: fall, ATTEST: CITY OF SANFORD: T-razI fide Traci Houchin (Jan 27, 202618:14:01 EST) Art Woodruff (Jan 27,'2026 15:59:10 Ez, ) Traci Houchin, MMC, FCRM Art Woodruff City Clerk Mayor, City of Sanford, Florida Date: 27/01/2026 Approved as to form and legality: Merchants National Bonding, Inc.: Z_inkati N Game r 66 Lindsay N. Greene (Jan 27, 2026 15:38:02 EST Jeffrey W. Attomey-in-Fact & :FL Li&. Resident Agent. Lindsay Greene, City Attorney Inquines: 4-786-7770 NOTES: (1). Write in the dollar amount of the bond, which must the same as the amount bid •In th6 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 s ig n B id 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 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. 2 1 P a g e Jeffrey W. Reich License Number A217277 :MERCHANT BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, Individually, Cheryl A Foley; Emily J Golecki; Jeffrey W Reich; Kim E Niv; Lisa A Roseland; Nathan K Reich; Robert P OUnn; Sarah K OLinn; Sonja Amanda Florae Harris; Susan L Reich; Teresa L Durham their true and lawful Attomey(s}-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments In the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and Apr! 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys4n-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof 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 fixed," In connection with obligations In favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attomey-in-Fact Includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 24th day of March 2025 .• ••'•►0 N •��� • . • • • G • . • •. MERCHANTS BONDING COMPANY (MUTUAL) Q•..... • •. MERCHANTS NATIONAL BONDING, INC. Co �4 �APOq�<'O9y. d/b/aMERCH ANIMTIONAL INDEMNlITY COMPANY 2G Ito Cs .+� ..x 2003 in 1933 . y ; By STATE OF IOWA `• } •.? •• ••� • • �.`.'• President COUNTY OF DALLAS ss. On this 24th day of March 2025 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing Instrument are the Corporate Seals of the Companies; and that the said Instrument was signed and sealed In behalf of the Companles by authority of their respective Boards of Directors. ~P�l4k Perini Miller i Commission Number 787952 Ca • • My Commission Expires I 'w� January 20, 2027 Notary Public (Expiration of notary's commission does not invalidate this Instrument} I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked-.:;-.:2. In Witness Whereof, I have hereunto set{ i$t hail agtl �t�liced fhe seal of the Companies on this ZZ�►dday of �0,Avar ;a;? ri•r- b:. secretary POA 0018 (6/24) �••'a.n�.j.a�r` ' • • • • • r•• SA Casey P+P Bonds - SACC_vendor signed Final Audit Report 2026-01-27 Created: 2026-01-26 By: Robert Rios (Robert.Rios@sanfordfl.gov) Status: Signed Transaction ID: CBJCHBCAABAAUYvLgAsuUud_vRU=lNd3vNWNYfgxrE "SA Casey P+P Bonds - SACC_vendor signed" History Document created by Robert Rios (Robert.Rios@sanfordfl.gov) 2026-01-26 - 10:02:45 PM GMT Document emailed to lindsay.greene@sanfordfl.gov for signature 2026-01-26 - 10:02:51 PM GMT Email viewed by lindsay.greene@sanfordfl.gov 2026-01-26 - 1025:08 PM GMT Signer lindsay.greene@sanfordfl.gov entered name at signing as Lindsay N. Greene 2026-01-27 - 8:38:00 PM GMT Document e-signed by Lindsay N. Greene (lindsay.greene@sanfordfl.gov) Signature Date: 2026-01-27 - 8:38:02 PM GMT - Time Source: server Document emailed to art.woodruff@sanfordfl.gov for signature 2026-01-27 - 8:38:04 PM GMT Email viewed by art.woodruff@sanfordfl.gov 2026-01-27 - 8:58:12 PM GMT Signer art.woodruff@sanfordfl.gov entered name at signing as Art Woodruff 2026-01-27 - 8:59:08 PM GMT Document e-signed by Art Woodruff (art.woodruff@sanfordfl.gov) Signature Date: 2026-01-27 - 8:59:10 PM GMT - Time Source: server Document emailed to Traci Houchin (traci.houchin@sanfordfl.gov) for signature 2026-01-27 - 8:59:15 PM GMT Email viewed by Traci Houchin (traci.houchin@sanfordfl.gov) 2026-01-27 - 11:13:26 PM GMT Adobe Acrobat Sign Document e-signed by Traci Houchin (traci.houchin@sanfordfl.gov) Signature Date: 2026-01-27 - 11:14:01 PM GMT - Time Source: server Agreement completed. 2026-01-27 - 11:14:01 PM GMT a Adobe Acrobat Sign Public Work Executed In 2 Counterparts F.S. Chapter 255.05 (1)(a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. BOND NO: 101715685 CONTRACTOR NAME: S.A. Casey Construction, Inc. CONTRACTOR ADDRESS: 2822 Commerce Park Drive, Suite 400 Orlando, FL 32819 CONTRACTOR PHONE NO: (407) 240-6775 SURETY COMPANY: Merchants National Bonding, Inc. PO Box 14498 Des Moines, IA 50306-3498 (515) 243-8171 OWNER NAME: City of Sanford, Florida OWNER ADDRESS: 300 North Park Avenue Sanford, FL 32771 OWNER PHONE NO.: (407) 688-5030 OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO.: BOND AMOUNT: $4,410,000.00 CONTRACT NO.: (If applicable) IFB 25/26-04, Purchase Order No. 042032 DESCRIPTION OF WORK: Ft. Mellon Park Improvement PROJECT LOCATION: Sanford, FL LEGAL DESCRIPTION: (If applicable) OBLIGEE ADDRESS: MODIFICATIONS: FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon.