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2550 Cathcart Constr (perf bond) IFB 23/24-13 Downtown Lift Stationf)Y OF SXNFOPJD FINANCE DEPARTMENT Tuesday, April 23, 2024 7 Co PURCHASING DEPARTMENT C� C TRANSMITTAL MEMORANDUM To: City Clerk/Mayor RE: IFB 23/24-13 Downtown Lift Station and Vacuum Pit Conversions CL CL The item(s) noted below is/are attached and forwarded to your office for the following action(s): Development Order Final Plat (original mylars) Letter of Credit Maintenance Bond Ordinance Performance Bond Resolution Once completed, please: ❑ Return originals to Purchasing- Department ❑ Return copies ❑ ❑ Mayor's signature ❑ Rendering 7?� Safe keeping (Vault) Deputy City Manager ® Payment Bond ❑ City Manager Signature ❑ City Clerk Attest/Signature ❑ City Attorney/Signature Special Instructions: P&P Bonds for recording. Gt,,,� Kai 5zr From TADept_forms\City Clerk Transmittal Memo - 2009.doc 4/23/2024 Date FLORIDA SURETY BONDS, INC. April 15, 2024 City of Sanford 300 North Park Avenue Sanford, FL 32771 620 N. Wymore Road, Suite 200 Maitland, FL 32751 407-786-7770 Fax 407-786-7766 888 -786 -BOND (2663) Fax 888 -718 -BOND (2663) www.FloridaSuretyBonds.com This Instrument Prepared By & Return To: Ms. Marisol Ordonez Purchasing Manager/City Hall 300 N. Park Ave., Sanford Fl. 32771 RE: AUTHORITY TO DATE BONDS AND POWERS OF ATTORNEY Principal: Cathcart Construction Company - Florida, LLC Bond No: 54-259341 Project: IFB No. 23/24-13, Downtown Lift Station and Vacuum Pit Conversions Dear Sir or Madam: Please be advised that as Surety on the above referenced bond, executed on your behalf for this project, we hereby authorize you to insert the contract date onto the contract bonds and powers of attorney. Once dated, please email to Lisa@FloridaSuretyBonds.com or fax a copy of the bonds to our office at (407) 786-7766. Sincerely, United Fire & Casualty Company Jeffrey W. Reich, Attorney -in -Fact & Florida Licensed Resident Agent Bond No. 54-259341 Executed in 2 Counterparts SECTION 00610 PAYMENT BOND (100% of Contract Price) Project Name: Downtown Lift Station and Vacuum Pit Conversions Contractor City Contract No.: IFB No. 23/24 - 13 Surety Name: Cathcart Construction Company - Florida, LLC United Fire & Casualty Company Address: 1056 Willa Springs Drive Winter Springs, FL 32708 Phone No.: (407) 629-2900 PO Box 73909 Cedar Rapids, IA 52407-3909 (319)399-5700 Owner Name: City of Sanford Address: 300 N. Park Ave. Sanford, FL. 32771 Phone No.: 407-688-5028 KNOW ALL MEN BY THESE PRESENTS that The above named Contractor, as Principal, and the above named Surety, as SURETY, are held and firmly bound unto the Owner, the City of Sanford, a Political Subdivision of the State of Florida, in the full and just sum of $1,069,247.50 ----------------------------------------- lawful money of the United States of America, to the payment of which sum, well and truly to be made, the Contractor and SURETY bind themselves, their representatives, and each of their heirs, executors, administrators, successors and assigns, jointly and severely, firmly by these presents. The Project is located at: Sanford, FL 32771 General description of the Work: Installation of three lift stations WHEREAS, the Contractor has by written Agreement dated Ap�t& . 3 20 Zkf entered into a Contract with the Owner for IFB No. 23/24-1 , for the project entitled Downtown Lift Station and Vacuum Pit Conversions, with conditions and provisions as are further described in the aforementioned Agreement, which Agreement is by reference made a part hereof for the purpose of explaining this bond. Downtown Lift Station and Vacuum Pit Conversions 00610-1 PAYMENT BOND (100% of Contract Price) ;0mnn0 rn mm r nnzm� 0 " Z ;V AN% -{ C3F30g z�o-ny n 0 M 0 M C: Cn Cn w=irn P0 -' O z o NrnC0 oD+'�m 0 20 0 0 =oo0C m(pKZ O (0 - �o;a ANO �r 'Vr �rn 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 Payment Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as same may be amended. 2. Any action instituted by a claimant under this Bond for payment must be in accordance with the notice and time limitation provisions in Sections 255.05(2) and 255.05(l 0), Florida Statutes. 3. This Payment Bond is conditioned that Contractor shall promptly make payments to all persons defined in Section 713.01, Florida Statutes, whose claims derive from the prosecution of the Work provided for in the Contract. 4. Pursuant to Section 255.05, Florida Statutes, a claimant, except a laborer, who is not in privity with the Contractor shall, before commencing or not later than forty-five (45) days after commencing to furnish labor, services, or materials for the prosecution of the Work, serve the contractor with a written notice that he or she intends to look to the Bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for furnishing his or her labor, services, or materials shall serve a written notice of nonpayment on the Contractor and on the SURETY. The notice of nonpayment shall be under oath and served during the progress of the Work or thereafter but may not be served earlier than forty-five (45) days after the first furnishing of labor, services, or materials by the claimant or later than ninety (90) days after the final furnishing of the labor, services, or materials by the claimant or, with respect to rental equipment, later than ninety (90) days after the date that the rental equipment was last on the job site available for use. 5. The time periods for service of a notice of nonpayment or for bringing an action against a Contractor or a Surety shall be measured from the last day of furnishing labor, services, or materials by the claimant and may not be measured by other standards, such as the issuance of a certificate of occupancy or the issuance of a certificate of substantial completion. 6. An action, except an action for recovery of retainage, must be instituted against the Contractor or the SURETY on the payment bond within one (1) year after the performance of the labor or completion of delivery of the materials or supplies. An action for recovery of retainage must be instituted against the Contractor or the SURETY within one (1) year after the performance of the labor or completion of delivery of the materials or supplies. 7. The claimant shall have a cause of action against the Contractor and SURETY for the amount due him or her, including unpaid finance charges due under the claimant's contract. Such action may not involve the Owner in any expense. Downtown Lift Station and Vacuum Pit Conversions PAYMENT BOND (100% of Contract Price) 00610-2 8. Any changes in or under the Contract or Contract Documents and compliance or non- compliance with any formalities connected with the Contract or the changes therein shall not affect SURETY's obligations under this Payment Bond and SURETY hereby waives notice of any such changes. Further, Principal and SURETY acknowledge that the sum of this Payment Bond shall increase or decrease in accordance with the Change Orders (unilateral or directive change orders and bilateral change orders) or other modifications to the Contract or Contract Documents. This Payment Bond shall not cover any components or materials directly purchased and paid for by the Owner. 9. The Performance Bond and this Payment Bond and the covered amounts of each are separate and distinct from each other. This Payment Bond shall be construed as a statutory Payment Bond under Section 255.05, Florida Statutes, and not as a common law bond. IN WITNESS WHEREOF, this instrument is executed this day of -4-4 20 24L ATTEST.' 'iA _6i1 ac rt, CEU 5'G,c'- Typed or Printed Name of Secr ry (CORPORATE SEAL) (Wifness to "CONTR%ACTOR) �yS�Ak (Y1AIhr� Typed or Printed Nam a!,/" � ,i ( itniks to CONTRACTOR) Typed of Printed Name Downtown Lift Station and Vacuum Pit Conversions PRINCIPAWCONTRACTOR - Florida, LLC B iqm-9fory Authority Matt T Blanton, President Typed or Printed Name and Title 1056 Willa Springs Drive Address Winter Springs, FL 32708 City, State, Zip (407)629-2900 (321)203-4900 Telephone No. Facsimile No. 00610-3 PAYMENT BOND (100% of Contract Price) ATTEST. - (SU ) Secretary Susan L. Reich Typed or Printed Name Witness as to SURETY Alexis Woodham Typed or Printed Name Witness as to SURETY Lisa Roseland Typed or Printed Name SURETY United Fire &Casualty Company o`;Zo SURETY By: VV Odbf p?•l,' Teffrev W. Reich* Typed or Printed Name Attorney -In -Fact & FL Licensed Resident Agent Title *Florida Surety Bonds, Inc. 620 N. Wymore Road, Suite 200, Maitland, FL 32751 407-786-7770 PO Box 73909 Address Cedar Rapids, IA 52407-3909 City, State, Zip 319-399-5700 (319)399-5425 Telephone No. Facsimile No. NOTE: Date of this Payment Bond must not be prior to date of the Agreement. If CONTRACTOR is a joint venture, all ventures shall execute this Payment Bond. If CONTRACTOR is a Partnership, all partners shall execute this Payment 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. All bonds shall be originals and issued or countersigned by a local producing agent who is authorized to operate in the State of Florida. Attorneys -in -fact who sign Bid Bonds or Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to sign such Bond. Agents of surety companies must list their name, address, and telephone number on all Bonds. END OF SECTION Downtown Lift Station and Vacuum Pit Conversions 00610-4 PAYMENT BOND (100% of Contract Price) Bond No. 54-259341 Executed in 2 Counterparts SECTION 00606 PERFORMANCE BOND (100% of Contract Price) Project Name: Downtown Lift Station and Vacuum Pit Conversions City Contract NO.: IFB No. 23/24 - 13 Contractor Surety Name: Cathcart Construction Company - Florida, LLC United Fire & Casualty Company Address: 1056 Willa Springs Drive PO Box 73909 Winter Springs, FL 32708 Cedar Rapids, IA 52407-3909 Phone No.: (407) 629-2900 Owner Name: City of Sanford Address: 300 N. Park Ave. Sanford, FL. 32771 Phone No.: 407-688-5028 KNOW ALL MEN BY THESE PRESENTS that (319)399-5700 The above named Contractor, as Principal, and the above named Surety, as SURETY, are held and firmly bound unto the Owner, the City of Sanford, a Political Subdivision of the State of Florida, in the full and just sum of $1,069,247.50 ---------------------------------------, lawful money of the United States of America, to the payment of which sum, well and truly to be made, the Contractor and SURETY bind themselves, their representatives, and each of their heirs, executors, administrators, successors and assigns, jointly and severely, firmly by these presents. The Project is located at: Sanford, FL 32771 General description of the Work: Installation of three lift stations WHEREAS, the Contractor has by written Agreement dated A �n i L- 20Zq entered into a Contract with the Owner for IFB No. 23/24-13 for the project entitled Downtown Lift Station and Vacuum Pit Conversions, with conditions and provisions as are further described in the aforementioned Agreement, which Agreement is by reference made a part hereof for the purpose of explaining this bond. 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 Downtown Lift Station and Vacuum Pit Conversions 00606-1 PERFORMANCE BOND (100% of Contract Price) of said Contract including, but not limited to the insurance provisions, guaranty period and the warranty provisions, in the time and manner prescribed in the Contract, and 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 Contract, then this bond is void; otherwise it shall remain in full force and effect. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the SURETY shall promptly remedy the default or shall promptly: A. Complete the Contract in accordance with its terms and conditions; or B. Expeditiously obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by SURETY of the lowest responsible qualified bidder, award a contract; or, if the Owner elects, upon determination by the Owner and the SURETY jointly of the lowest responsible bidder, to have the SURETY arrange for a contract between such bidder and Owner, and for the SURETY to make available as Work progresses sufficient funds to pay the cost of completion less the balance of the Contract price (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph). The term "balance of the Contract price," as used in this Bond, shall mean the total amount payable by Owner to Contractor under the Contract and any approved change orders thereto, less the amount properly paid by Owner to Contractor. The SURETY shall pay Owner all remaining losses, delay and disruption damages, expenses, costs, and statutory attorney's fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the Contract. Any changes in or under the Contract Documents (which include the Plans, Drawings, and Specifications) and compliance or noncompliance with any formalities connected with the Contract or the changes therein shall not affect SURETY's obligations under this Bond and SURETY hereby waives notice of any such changes. The SURETY's monetary obligations to the Owner shall not be reduced by legal fees and costs incurred by the SURETY arising out of Contractor's default. 4. 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 Contract entered into by Owner and Principal without the SURETY's knowledge or consent (ii) waivers of compliance with terms of the Contract granted by Owner to Principal without the SURETY's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Contract as a result of any proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any similar Downtown Lift Station and Vacuum Pit Conversions PERFORMANCE BOND (100% of Contract Price) 00605-2 state or federal law, or any limitation of the liability of Principal or its estate as a result of any such proceeding. 5. The Surety shall indemnify and hold the Owner harmless from any and all claims and damages, arising from the Contractor's default under the Contract including, but not limited to, contractual damages, expenses, costs, injury, negligent default, or intentional default, patent infringement and actual damages in accordance with the Contract. 6. In the event that the SURETY fails to fulfill its obligations under this Performance Bond, then the SURETY shall 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 from the SURETY's failure to fulfill its obligations hereunder. This paragraph shall survive the termination or cancellation of this Performance Bond. 7. The Contractor shall save the Owner harmless from any and all damages, expenses and costs which may arise by virtue of any defects in said work or materials within a period of two (2) years from the date of Final Completion of the Project. 8. This Performance Bond is intended to comply with the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to provide contract rights more expansive than as required by statute. IN WITNESS �W, REOF, this instrument is executed this 314 day of ATTE T 1 PRINCIPAUCONTRACTOR B : Secreta C t Co ion any - Florida, LLC_r� �) Y ry ,� hath ac rt, iCE RI CONTRA T Typed or Printed Name - R TRACTOR Signatory Author`y.,: (CORPORATE SEAL) (,Witness to CONTRACTOR) Typed or Printed Name ��Vk Tz itness to CONTRACTOR) juSaf I(Grv-) Typed or' Printed Name Typed or Printed Name and Title 1056 Willa Springs Drive Address Winter Springs, FL 32708 City, State, Zip (407)629-2900 (321)203-4900 Telephone No Downtown Lift Station and Vacuum Pit Conversions PERFORMANCE BOND Facsimile No. (100% of Contract Price) 00605-3 ATTEST. - (SURETY) Secretary Susan L. Reich Typed or Printed Name . n Witness as to SURETY Alexis Woodham Typed or Printed Name Witness as to SURETY Lisa Roseland Typed or Printed Name SURETY United Fire & Casualty Company, SURETY' a By: ! �G e i H 0 .� a Jeffrey W. Reich* Typed or Printed Name Attorney -In -Fact & FL Licensed Resident Agent Title *Florida Surety Bonds, Inc. 620 N. Wymore Road, Suite 200, Maitland, FL 32751 407-786-7770 PO Box 73909 Address Cedar Rapids, IA 52407-3909 City, State, Zip (319)399-5700 (319)399-5425 Telephone No. Facsimile No. NOTE: Date of this Performance Bond must not be prior to date of the Agreement. If CONTRACTOR is a joint venture, all ventures shall execute this Performance Bond. If CONTRACTOR is a Partnership, all partners shall execute this Performance 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. All bonds shall be originals and issued or countersigned by a local producing agent who is authorized to operate in the State of Florida. Attorneys -in -fact who sign Bid Bonds or Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to sign such Bond. Agents of surety companies must list their name, address, and telephone number on all Bonds. END OF SECTION Downtown Lift Station and Vacuum Pit Conversions PERFORMANCE BOND (100% of Contract Price) 00605-4 :1 UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX 118 Second Ave SE FINANCIAL PACIFIC INSURANCE COMPANY, LOS ANGELES, CA Cedar Rapids, IA .52401 INSURANCE CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing under the laws of the State of Iowa; United Fire & Indemnity. Company, a corporation duly organized and existing under the laws of the State of Texas; and Financial Pacific;, Insurance Company, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint KIM E. NIV, JEFFREY W. REICH, SUSAN L. REICH, TERESA L. DURHAM, LISA A. ROSELAND, SONJA AMANDA FLOREE HARRIS, CHERYL A. FOLEY, ROBERT: P. O'LINN, SARAH K. O'LINN, EMILY J. GOLECKI, NATHAN K. REICH, EACH INDIVIDUALLY their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $100, 000,000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous. and shall remain in full force and effect until revoked by United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of Directors of United- Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article VI — Surety Bonds and Undertakings" Section2, Appointment of Attomey-in-Fact. "The President or any Vice President, or any other officer ofthe Companies may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, maybe affixed by facsimile to any power of attorney or special power of attomey or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seat of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attomeys-in-fact, subject to the limitations set of forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seat the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attomey-in-fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 24th day of January, 2023 ``,IIIIIUI I,IS!/!)fffff' E`touil II I11" DC.M1Ih,'t""I' 11" ,! YI�// �;F�PPo uy��UNITED FIRE & CASUALTY. COMPANY cOIZ R.ttr �G -,C CORP H"Al F ° e= „""2Fa:�= UNITED FIRE &INDEMNITY COMPANY:: � 3= FINANCIAL PACIFIC INSURANCE COMPANY SEAL '- �2•'�C,9�1FOP��r,T``- //yJ-^/J'�- 1n' ``''�f ✓♦111111\�`W"...............P"`` ✓ ' State of Iowa, County of Linn, ss: Vice President On 24th day of January, 2023; before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of United Fire & Casualty Company,. a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above instrument; that he knows the seal of said corporations; 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 corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. 4o+tm Judith A. Jones 9 AL Iowa Notarial Seal + a V Commission number 173041 Notary Public 11TO K My Commission Expires 4/23/2024 Y"'My commission expires: 4/23/2024: I, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attomey has not been revokedand is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this day of 20 .. ct,��� Rpt il.•'or4a�� �INSL A�j/^`, F By. A CURI'V R4U. �``CURPURA [R r r - • lu�rzl Fo,'� Assistant Secretary, seal se.0 c - 1Al6 ;a; OF&C & OF&I & FPIC � 111111111t� rNll111111tttt '•,, 'uuirll Ri,ht"u", - BPOA0049 1217 This paper has a colored background and void pantograph.