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HomeMy WebLinkAbout2663 San Pik - Pineway Watermain Ext - Master Agreement (Bond 800197923)Bond No. 800197923 LL PROCUREM NEC EION R ORMANCE BOND vb6 (100% of Contract Price) KNOW ALL MEN BY THESE PRESENTS, that we, SanPik. Inc. , 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 Five Hundred Fifty -Eight Thousand Seven Hundred Twenty -Five Dollars and 00/100 dollars ($ 558,725.00 ) 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 5 , 20at , entered into a Contract with the City of Sanford in accordance witli 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 Pineway Watermain Extension - Master Agreement - CMAR A133-2019 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 rn rrnn -nn rn O N X -I O aN 07s z �o'n> �2�t�0 m°fWcy 4A 0 0 2 NOC >A it ccn � c ,�.. nc a i0! M00-1 N 0 (As r- m rn �M Bond No. 800197923 PROCUREMENT PAYMENT BOND SECTION LL (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 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 DAY OF 2E. [Signature lines in a legally binding form.] ACCEPTED BY: ATTEST: &JO IUIC', Peem Traci Houchin, MMC, FCRM City Clerk �� CITY/7 WSANR ; f , Ll 1 Art Wo7odruff Mayor, City of Sanford, Florida ;Date: o j- �n Principal: SanPik, Inc. Approved as to form and legalit v '�«- Surety: • Je sie Sloan, Attorney -In -Fact & ) Greene, ity Attorney orida Licensed Resident Agent Inquiries: (321) 300-6594 S: (1). Write in the dollar amount of the bond, which must the same as the amount bid in the Solicitation. All bonds signed by an agent must be accompanied by a certified copy of such agent's (2). authority to act. (3). Attorneys-in-factwho sign Bid 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 Bond No. 800197923 PROCUREMENT PAYMENT BOND SECTION LL (100% of Contract Price) KNOW ALL MEN BY THESE PRESENTS, that we, SanPik, Inc 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 Five Hundred Fifty -Eight Thousand Seven Hundred Twenty - Five Dollars and 00/100 ($558,725.00)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 PO,U S , 20c.0 , 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 Pineway Watermain Extension - Master Agreement - CMAR A133-2019 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 Jessie Sloan 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(9) Florida Statutes, and all the provisions of the law referring to this 11Page Bond No. 800197923 SECTION LL 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 5_ttbAY OF MQy 20-?U [Signature lines in a legally binding form.] ACCEPTED BY: ATTEST: Traci Houchin, MMC, FCRM City Clerk Approved as to form a CITY OF SANFORD: Ll_1 oo'druff ,n <� Mayor, Citof Sanford, Florida Date: Principal- SanPik, Inc. Matthew SayMs, Prudent Surety: Atlantic Special Insurance Com anS e sie Sloan, Attorney -In -Fact �06rida Licensed Resident Age►3t L Q_ Inquiries: (321) 806594 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). Attorneys-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 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. 2 1 P a a '1. intact INSURANCE I Power of Attorney 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: Hallie Martin, Jessie Sloan, Jorge L. Bracamonte, Thomas R Kirstein, each individually if there be more than one named, its true and lawful Attorney -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, shallbe 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 Attomey-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. �,..jY' IIVS �44,. `pP?ORA?: ?�s _'.. SEAL m; L� ;; 1986 oa By STATE OF MINNESOTA %ys ~Ftv roe"da- Sarah A. Kolar, Vice President and General Counsel HENNEPIN COUNTY 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. o+THegr+, ALISON D. NASH-TROUT '/ �..,.. �. F l �l/ F + � NOTARY PUBLIC - MINNESOTA /'6Z /1 d it My Commission Expires January 31, 2030 Notary Public 1, 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 , fThis Power of Attorney expires - • - I` January 31, 2030 ' r I _ �^' � ' Kara L.B. Barrow, Secretary Please direct bond verifications to Sur ly0inta insurance.rnm 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.: 800197923 Contractor Name: SanPik, Inc. Contractor Address: 1424 N Ronald Reagan Blvd, Ste.1300 Longwood, Florida 32750 Contractor Phone Number: (407) 988-1033 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, FL 32771 Owners Phone Number: (407) 688-5000 Obligee Name: N/A (If contracting entity is different from the owner, the contracting public entity) Obligee Address: N/A Obligee Phone Number: N/A Contract No.: Master Agreement - CMAR A133-2019 (If applicable) Project Name: Pineway Watermain Extension Project Location: City of Sanford, FL Description of Work: Installation of approx. 3,600 LF of water main (6" & 8"), including valves, fittings, hydrants, connections, services, MOT, and restoration. FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that be preprinted thereon.