2550 Cathcart Constr (perf bond) IFB 23/24-13 Downtown Lift Stationf)Y OF
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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)
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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
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BPOA0049 1217
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