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1999 Sanpik Contract IFB 16/17-16RFa1}y a 1 r ,� Thursday, December 20, 2018 To: City Clerk/Mayor RE: 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: Li,holye.y 13oja.d z,i j&v- From SharePoint_Finance_Purchasing_Forms - 2018.doc Date WS— RM X Item No. 8.13 CITY COMMISSION MEMORANDUM 17 — 022Y FEBRUARY 13, 2017 AGENDA To: Honorable Mayor and Members of the City Co ission PREPARED BY: Jeffrey J. Davis, Project Manager SUBMITTED BY: Norton N. Bonaparte, Jr., City Manage SUBJECT: Cloud Branch Drainage Improvements P se III Project; Contract Award to SanPik, Inc.; Procurement of Servicepand Budget Amendment STRATEGIC PRIORITIES: t ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ® Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Award of Bid # IFB 16/17-16R to the lowest responsive and responsible bidder, SanPik, Inc. of Sanford for the Cloud Branch Drainage Improvements Phase III Project. Approval of implementing procurement activity; and approval of the associated budget amendment is requested. FISCALISTAFFING STATEMENT: The total amount requested is an amount not to exceed $5,142,622 and will be funded by the State Revolving Fund (SRF) administered by the Florida Department of Environmental Protection (FDEP). The budget amendment implements the activity from a budgetary perspective. BACKGROUND: The City has ongoing plans to improve the Cloud Branch Drainage Basin. The proposed project is the third phase of the stormwater master plan previously approved by the City Commission and is funded with SRF funds. The project will consist of new stormwater drainage infrastructure on Elm Avenue from 201h Street north to 10th Street, on 13th Street from Park Avenue to Elm Avenue and on 10th - Street from Elm Avenue to the Coastline Park pond. The new underground infrastructure will alleviate many of the flooding issues the City has experienced in the past and also allow the City to construct secondary drainage in the future. Due to the size and scope of the project, the City Manager or his designee will have the authority to execute change orders that are less than 10 percent of the project's total cost. The City advertised an Invitation for Bid in accordance with City Procurement Policy. Based on these findings and staff review of the contractors, SanPik, Inc. is the lowest responsive and responsible bidder. The other bidding companies were Masci General Contractor, Inc. and Cathcart Construction Co. — Florida, LLC. LEGAL REVIEW: The City Attorney has reviewed and has no legal objection to the actions to be implemented in accordance with City Purchasing Policy. Likewise, the City Attorney found the budget amendment to be appropriate. RECOMMENDATION: It is staff's recommendation that the City Commission award Bid # IFB 16/17-16R to SanPik Inc., approve the implementing procurement activity in an amount not to exceed $5,142,622; and approve Resolution No. 2650, providing for a budget amendment to address the funds. SUGGESTED MOTION: "I move to award the Bid # IFB 16/17-16R to SanPik, Inc.; approve the implementing procurement in an amount not to exceed $5,142,622 and approve Resolution No. 2650." Attachments: Bid tabulation sheet Engineer's recommendation of award FDEP recommendation of award City award of contract Agreement City Clerk approval check form Bid opening minutes Budget Amendment Resolution No. 2650 GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2018129051 Bk:9248 Page:288-297 (10P9s) d REC: 11/14/2018 8:21:23 AM by hdevore RECORDING FEES $86.50CD Nielson, Mosholder & � A member of Nielson & Company, Inc. 4380 St. Johns Pkwy, Ste. 110, Sanford, Florida 32771. (407) 330-3990 as PUBLIC WORKS BOND C1 In compliance with Florida Statutes 255.05 (1)(a). PERFORMANCE BOND o' BOND NO: EACX066000007 Contractor Name: SanPik, Inc. Address: 576 Monroe Rd., Suite 1304 Sanford, FL 32771 Phone No: 407-450-6969 Surety Company: Endurance Assurance Corporation Surety Address: 4 Manhattanville Road 300 North Park Avenue Purchase, NY 10577 Surety Phone No: 914-468-8000 Owner Name: City of Sanford Address: 300 North Park Avenue Sanford, FL 32771 Phone No: 407-688-5000 w 0 0 Obligee Name: Z (if different for property owner) '"d Obligee Address: x Obligee Phone No: a CD Project Name: IFB 16/17-16R— Cloud Branch Drainage Improvements — Phase 3, Sanford, Florida Cn Project Location: Seminole County, Florida ¢,. Legal Description: IFB 16/17-16R— Cloud Branch Drainage Improvements — Phase 3,UJ It r Sanford, Seminole County Florida Cn N -F� w Bond No.: EACX066000007 00605 KNOW ALL MEN BY THESE PRESENTS: that SanPik, Inc. (Name of CONTRACTOR) 576 Monroe Rd., Suite 1304, Sanford, FL 32771 (Address of CONTRACTOR) a Corporation hereinafter called (Corporation, Partnership or Individual) Principal, and Endurance Assurance Corporation (Name of Surety) 4 Manhattanville Road, Purchase, NY 10577 (Address of Surety) hereinafter called Surety, are held and firmly bound unto 1) City of Sanford, Florida hereinafter called OWNER in the full and just SUM of Five million one hundred forty two thousand sir, hundred twenty two and 00/100 DOLLARS ($ 5,142, 622.00 in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred percent (100%) of the Contract Price. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with the OWNER, dated the 13thday of February 2017 a copy of which is hereto attached and made a part hereof for the construction of 2) Cloud Branch Drainage Improvements — Phase III / IFB 16/17-16R . 1) Name of Owner 2) Name of Project identified in Instructions to Bidders This bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes and the Agreement referenced above, as the same may be amended. The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that if Principal: Promptly and faithfully performs its duties, all the covenants, terms, conditions, and agreements of said Agreement including, but not limited to the insurance provisions, guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement, and 2. Pays OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' fees, including costs and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by Principal under the Agreement, and 00605-1 Cloud Branch Drainage Improvements — Phase 111 / IFB 16/17-16R 3. Satisfies all claims and demands incurred under the Agreement, and fully indemnifies and holds harmless the OWNER from all costs and damages which it may suffer by reason or failure to do so, then this bond is void; otherwise it shall remain in full force and effect. The coverage of this Performance Bond is co -equal with each and every obligation of the Principal under the above referenced Agreement and the Contract Documents of which the Agreement is a part. In the event that the Principal shall fail to perform any of the terms, covenants and conditions of the Agreement and the Contract Documents of which the Agreement is a part during the period in which this Performance Bond is in effect, the Surety shall 'remain liable to the OWNER for all such loss or damage. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this Performance Bond. The Surety stipulates and agrees that its obligation is to perform the Principal's work under the Agreement under the Bond. The following shall not be considered performance under the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and (iii) Surety's election to do nothing under the Bond shall be construed as a material breach of the Bond and bad faith by the Surety. The Surety agrees that its obligation under the bond is to: (i) take over performance of the Principal's Work and be the completing Surety even if performance of the Principal's Work exceeds the Principal's Contract Price or (ii)re-bid and re -let the Principal's Work to a completing contractor with Surety remaining liable for the completing contractor's performance of the Principal's Work and furnishing adequate funds to complete the Work. The Surety acknowledges that its cost of completion upon default by the Principal may exceed the Contract Price. In any event, the Principal's Contract Time is of the essence and applicable delay damages are not waived by OWNER. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon OWNER's pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent (ii) waivers of compliance with or nay default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Agreement as a result of any proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. Any changes in or under the Agreement and Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or 00605-2 Cloud Branch Drainage Improvements — Phase III / IFB 16/17-16R PERFORMANCE BOND decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to the Agreement and Contract Documents. The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. This Bond is intended to comply with the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to provide common law rights more expansive than as required by statute. The Surety agrees that this Bond shall be construed as a common law bond. IN WITNESS WHEREOF, this instrument is executed this the 16th day of March 2017 SanPik, Inc. ATTEST: tar ri cipal� 16 AA -EP '. . Typed Name (CORPORATE SEAL) r r� /41 (Witness to rincipal) Typed Name ATTEST: See attached power of attorney (Surety) Secretary Typed Name (CORPORATE SEAL) Witness as totSurety Kelly Phelan Typed Name Principal Contr tor) Byf Sign ture) Typed Name and Titl Address 77 City, State, Zip Telephone No. Facsimile No. Endurance Assurance Corporation Surety 407-330-3990 407-330-3949 Telephone No. Facsimile No. � w By: Attorney -in -Fact Laura D.Mosholder Typed Name 00605-3 Cloud Branch Drainage Improvements — Phase III / IFB 16/17-16R Wit s as to ,ty Natalie Demers Typed Name PERFORMANCE BOND 4380 St.Johns Parkway, Suite 110 Address Sanford,FL 32771 City, State, Zip 407-330-3990 407-330-3949 Telephone No. Facsimile No. NOTE: 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 the 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 00605-4 Cloud Branch Drainage Improvements - Phase III / IFB 16/17-16R Nielson, Mosholder & Associates A member of Nielson & Company, Inc. 4380 St. Johns Pkwy, Ste. 110, Sanford, Florida 32771 (407) 330-3990 Contractor Name: Address: Phone No: Surety Company: Surety Address: Surety Phone No PUBLIC WORKS BOND In compliance with Florida Statutes 255.05 (1)(a) PAYMENT BOND BOND NO: EACX066000007 SanPik, Inc. 576 Monroe Rd., Suite 1304 Sanford, FL 32771 407-450-6969 Endurance Assurance Corporation 4 Manhattanville Road Purchase NY 10577 914-468-8000 Owner Name: City of Sanford Address: 300 North Park Avenue Sanford, FL 32771 Phone No: 407-688-5000 Obligee Name: (if different for property owner) Obligee Address: Obligee Phone No: Project Name: IFB 16/17-16R— Cloud Branch Drainage Improvements — Phase 3 Sanford, Florida Project Location: Seminole County, Florida Legal Description: IFB 16/17-16R— Cloud Branch Drainage Improvements — Phase 3, Sanford, Seminole County Florida Bond No.: EACX066000007 00610-1 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that SanPik, Inc. (Name of CONTRACTOR) 576 Monroe Rd., Suite 1304, Sanford, FL 32771 (Address of CONTRACTOR) a Corporation , hereinafter called (Corporation, Partnership or Individual) Principal, and Endurance Assurance Corporation (Name of Surety) 4 Manhattanville Road, Purchase, NY 10577 (Address of Surety) hereinafter called Surety, are held and firmly bound unto 1) City of Sanford, Florida hereinafter called OWNER, in the full and just Sum of Five million one hundred for tysix ° unareSV enty two and 00/100 DOLLARS ($ 5,142, 622.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred ten percent (110%) of the Contract Price. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with the OWNER, dated the 13thday of February 2017 a copy of which is hereto attached and made a part hereof for the construction of 2) Cloud Branch Drainaae Improvements - Phase III, IFB 16/17-16R . 1) Name of Owner 2) Name of Project identified in Instructions to Bidders The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: This Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as the same may be amended. 2. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or supplies shall, within forty-five (45) days after beginning to furnish labor, Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR with a notice that he intends to look to the Bond for protection. A claimant who is Cloud Branch Drainage Improvements — Phase III / IFB 16/17-16R 00610-02 not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or supplies shall within ninety (90) days after performance of the labor or completion of delivery of the Materials or supplies, or, with respect to rental equipment, within 90 days after the date that the rental equipment was last on the job site available for use, deliver to the CONTRACTOR and to the Surety written notice of the performance of the labor or delivery of the Materials or supplies and of the nonpayment. No action for the labor, Materials or supplies may be instituted against the CONTRACTOR or the Surety on the bond after one (1) year from the performance of the labor or completion of the delivery of the Materials or supplies. 3. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent, (ii) waivers of compliance with or any default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Agreement as a result of any proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. 4. Any changes in or under the Agreement or Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with the Change Orders (unilateral and bilateral) or other modifications to the Agreement or Contract Documents. 5. The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. IN WITNESS WHEREOF, this instrument is executed this the 16th day of March , 2017 ATTEST: �refar �(Pr�ncipal) 64 1 r Typed Name (CORPORATE SEAL) SanPik, Inc. Principal f Contractor) B Signature) 1,-,q"eAV401 Typed Name and Titl Address City, State, Zip Cloud Branch Drainage Improvements — Phase III / IFB 16/17-16R 00610-03 (Witness to rincipal) Typed Name ATTEST: See attached power of attorney (Surety) Secretary Typed Name (CORPORATE SEAL) Witness as to Surety Kelly Phelan Typed Name (-Witness as to Sp rety Natalie Demers Typed Name Telephone No. Facsimile No. Endurance Assurance Corporation Surety 407-330-3990 407-330-3949 Telephone No. Facsimile No. Attorney:in-Fact Laura D.Mosholder Typed Name 4380 St.Johns Parkway, Suite 110 Address Sanford,FL 32771 City, State, Zip 407-330-3990 Telephone No 407-330-3949 Facsimile No. NOTE: 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. ATTACH a certified Power -of -Attorney appointing individual Attorney -in -Fact for execution of Performance Bond on behalf of Surety. END OF SECTION Cloud Branch Drainage Improvements - Phase III / IFB 16/17-16R ENDURANCE ASSURANCE CORPORATION POAA000005893 066 POWER OF ATTORNEY Know of -Men 6y these rPment, that ENDURANCE ASSURANCE CORPORATION, a Delaware corporation (the'Corporationl, with offices at 4 Manhattanville Road, 3rd Floor, Purchase, NY 10577, has made, constituted and appointed and by these presents, does make, constitute and appoint LAURA D. MOSHOLDER, EDWARD M. CLARK its true and lawful Attomey(s)-in-fact, at SANFORD in the State of FL and each of them to have full power to act without the other or others, to make, execute and deliver on its behalf, as surety or co -surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents orsliNlafions relailng.to such bonds or undertakings provided however, that no single bond or undertaking so made, executed and delivered shall obligate the Corporation fa,anyportion o.the penal sun thereof in excess of the sum of TEN MILLION Dollars ($10,000,000). Such bonds and iJ erfakings for said pu"rppses, when duly executed by said attomey(s)-in-fact, shall be binding upon the Corporation as fully and to the same extent as if signed by the Preaipent of the Corporation underits corporate seal attested by its Corporate Secretary. This appointment is mede under and by authority of certain resolutions adopted by the Board of Directors of the Corporation by unanimous written consent on the9th of January, 2014, a copy of which appearsbetowiunder the hearllhg entitled 'Certificate'. This Power 61A I' is signed and sealedby facsimile under and by authority of the following resolution adopted by the Board of Directors of the Corporation by unanimous written consent on January 9, 2014 and said resolution has not since been revoked, amended or repealed: RESOLVED that in granbhg powers of attorney pursuant to certain resolutions adopted by the Board of Directors of the Corporation by unanimous written consent on January9, 2014, the signature of such directors'and officers and the seal of the Corporation may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking to which it is attached. This Power of Attorney shall expire and all authority hereunder shall terminate without notice at midnight (Standard Time where said attorneys) -in -fact is authorized to act.) December 7, 2019 IN WITNESS WHEREOF, the Corporation has caused these presents to be duly signed and its corporate seal to be hereunto affixed and attested this9th day of November, 2016 at Purchase, New York. (Corporate Seal) ENDURANCE ASSURANCE CORPORATION + ATTEST B �O�� Y MARIANNE L. WILBERT, SENIOR VICE PRESIDENT SHARON L. SIMS, SENIOR VICE PRESIDENT STATE OF NEW YORK ss: Purchase COUNTY OF WESTCHESTER On the 9th day,of November; 2016 before me personally came SHARON L. SIMS, SENIOR VICE PRESIDENT tome known, who being by me duly swom, did depose and say that (s)he resides in SCOTCH PLAINS,,NEW JERSEY that (s)he is a SENIOR VICE PRESIDENT of ENDURANCE ASSURANCE CORPORATION, the Corporation described in and which executed the above instrument; that (s)he knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corpo(ation, and thaf(s)he signed his (her) name thereto by like order. (Notarial Seal) Nicholas James Benenati, Notary Public - My Commission Expires 12/0712019 CERTIFICATE STATE OF NEW YORK ss: Purchase COUNTY OF WESTCHESTER I, CHRISTOPHER DONELAN the PRESIDENT of ENDURANCE ASSURANCE CORPORATION, a Delaware Corporation (the'Corporation' , hereby certify: 1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of the Corporation and has not since been revoked amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof; 2. The following are resolutions which were adopted by the Board of Directors of the Corporation by unanimous written consent on January9, 2014 and said resolutions have not since been revoked, amended or modified: 'RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Corporation any and all bonds, undertakings or obligations in surety or co -surety with others: CHRISTOPHER DONELAN, SHARON L SIMS, MARIANNE L. WILBERT And be it further RESOLVED thafeach'o0he individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in surely or co -surety for and on behalf of the Corporation." 3. The undersigned (urtfiet certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof IN WITNESS WHEREOF t have'Tiereunto set my hand and affixed the corporate seal this 16th day of March 20 1 (Corporate Seaij ��— r! col r CHRISTOPHER DONELAN, PRESIDENT Any reproductions are void. Primary Surety Claims Submission: suretybondclaims@enduranceservices.com Surety Claims Hotline: 877-676.7575 Mailing Address: Endurance Surety Claims Department, 750 Third Avenue —10th Poor, New York, NY 10017