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1590 Ed Waters - Bonds 090 ii- r`� jti 0-, � 1 co RI Tuesday, June 25, 2013 CN CN LC) 0:I CN PURCHASING DEPARTMENT ....1 =;.1_ TRANSMITTAL MEMORANDUM .", f To: City Clerk RE: Bid Bonds- Payment and Performance Bonds for Ed Waters & Sons Contracting IFB 12/13 -15 US 17/92 Riverwalk Phase II The item(s) noted below is /are attached and forwarded to your office for the following action(s): n Development Order n Mayor's signature n Final Plat (original mylars) ® Recordi • n Letter of Credit IN ' -nderin • n Maintenance Bond `'r Safe keeping (Vault) - ` l 3 n Ordinance • Deputy City Ma • : " /C n Performance Bond al ' : - - :and _______ n Resolution n City Manager Signature I I City Clerk Attest /Signature Once completed, please: n Return originals to Purchasing ❑ Return copies Special Instructions: 1 1 Marisol Ordo z r ' if 6,— c 2 8___- Fr Date T:\Dept_forms \City Clerk Transmittal Memo - 2009.doc MARThNNC NORSE, I1ENK OF CIKUJIT COURT %IZP4 ' MINTY • US 17 - 92 Riverwalk Phase 11 $K 08069 Pqs 1382 - 1393; (12 _ s) P9 . • CLERK'S # 2'013085685 RkttRtDFD 06/28/^013 01 :36 :30 PII a. 7 SECTION 00610 RECtJRDINO FF a 10:1.50 c' eL • Rt•U U1)t-:)) 8Y ,) t_c kenroth(a1I) PAYMENT BOND CN Bond No. 7653706 co B KNOW ALL MEN BY THESE PRESENTS: that d Ed Waters and Sons Contracting Company (Name of CONTRACTOR) 3375 Agricultural Center Dr, St. Augustine, FL 32092 (904)823 -8817 (Address of CONTRACTOR) (Phone No. of CONTRACTOR) a Florida , hereinafter called (Corporation, Partnership or Individual) CONTRACTOR , and Westfield Insurance Company o" d (Name of SURETY) P.O. Box 5001, Westfield Center, OH 44251 (330)887 -0101 �? (Address of SURETY) (Phone No. of SURETY) `r< hereinafter called Surety, are held and firmly bound unto: • the City of Sanford, the OWNER, whose address is 300 North Park Avenue, Sanford, Florida ca 32771; 0 in the full and just Sum of Four Million Nine Hundred Twenty Three Thousand Four Hundred Seventy and 82/100 DOLLARS ($4,923,470.82 ) in lawful 'b 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. ct) THE CONDITION OF THIS OBLIGATION is such that whereas, the CONTRACTOR entered into a certain Agreement (including all associated contract documents relating thei t and as the Agreement may be amended from time -to -time) with the OWNER, dated the at „ day of fl (Alt , 1 3 a copy of which may be hereto attached, but, in a' any event, is maintained in the records of the OWNER, said Agreement being hereby made a part hereof by this reference thereto as if fully set forth herein verbatim, said Agreement being entered generally for the construction of: US 17 -92 RIVERWALK PHASE 11 (Name of Project) (Contract No.) o. The Project is briefly described as: • The Sanford RiverWalk Phase 11 Project entails the construction of a 10 to 12 -foot wide multi- use path including replacement of the adjacent seawall along the north side of US 17/92 on Lake Monroe in Sanford. The project consists of three distinct bid sections, a Base Bid and two FPIN: 430913 -1- 58/68 -01 PAYMENT BOND City of Sanford Bid No. IFB 12/13 -15 00610 -1 02 -14 -2013 SPECLIB091509 • US 17 -92 Riverwalk Phase 11 • Alternate Bids. The Base Bid governs the extension of the existing Riverwalk multi -use path along with the replacement of adjacent seawall from French Avenue, approximately 3,635 feet to just northwest of the Central Florida Regional Hospital entrance. The First Alternate Bid continues the extension of the Base Bid improvements by approximately 1,890 feet to the intersection of Rachelle Avenue at US 17/92. The Second Alternate Bid provides for the construction of a 12 -foot multi -use path facility from east of the Central Florida Zoo entrance at US 17/92, approximately 2013 feet northwest to the intersection of Monroe Road at US 17/92. The Total Project Length, including Alternates, is approximately 7,538 feet. The Project is located (address or general location as shown below): Parallel to US 17/92 along the North Side of Lake Monroe in Sanford Florida from French Avenue to Monroe Road /I -4 Interchange. 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 CONTRACTOR shall promptly make payments to all claimants as defined in Sections 255.05 and 713.01, Florida Statutes, supplying CONTRACTOR with labor, materials, or supplies, used directly or indirectly by CONTRACTOR 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: • 1. This Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as amended as well as for other intents and purposes for the benefit of the OWNER. 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 713.23 and 713.18, Florida Statutes. 3. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR shall, before commencing to furnish labor, materials, or supplies for the prosecution of the work, or not later than 45 days after commencing to furnish labor, materials, or supplies for the prosecution of the work, furnish the CONTRACTOR with a notice that he or she intends to look to this Bond for protection. A claimant who is not in privity with the CONTRACTOR and who has not received payment for his or her labor, materials, or supplies shall 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. The notice of nonpayment may be served at any time during the progress of the work or thereafter but not before 45 days after the first furnishing of labor, services, or materials, and not later than 90 days after the final furnishing of the labor, services, or materials by the claimant or, with respect to rental equipment, not later than 90 days after the date that the rental equipment was last on the job site available for use. Claimant shall 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 FPIN: 430913 -1- 58/68 -01 PAYMENT BOND City of Sanford Bid No. IFB 12/13 -15 00610 -2 02 -14 -2013 SPECLIB091509 US 17 -92 Riverwalk Phase 11 • bond after one year from the performance of the labor or completion of the delivery of the materials or supplies. 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 CONTRACTOR, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and CONTRACTOR without the SURETY's knowledge or consent (ii) waivers of compliance with or nay default under the Agreement granted by OWNER to CONTRACTOR without the SURETY's knowledge or consent, or (iii) the discharge of CONTRACTOR from its obligations under the Agreement as a result of any proceeding initiated under the bankruptcy laws of the United States of America, as the same may be amended, or any similar State or Federal law, or any limitation of the liability or CONTRACTOR or its estate as a result of any such proceeding. 5. Any changes in or under the Agreement 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, CONTRACTOR and SURETY acknowledge that the Sum of this Bond shall increase or decrease in accordance with change orders (unilateral and bilateral) or other modifications to the Agreement. The CONTRACTOR may have obligations to the SURETY, but the failure of the CONTRACTOR to perform, comply with or accomplish any such obligation, in • whole or part, shall not, in any way or to any extent, limit or interfere with the rights and benefits of the OWNER under this Bond. 6. This Bond and any other bond, or similar document, and the covered amounts of each, are separate and distinct from each other and the OWNER shall be entitled to the totality of rights and benefits from all such documents. IN WITNESS WHEREOF, this iastrument is executed this the J day of () ` , - 2 01 . ATTEST: CONT - A' • - Signatory Authority >' sQg ' 4 : CTOR,Attesting Authority CO 174 C OR Signatory Authority °� © President Eric Prendergast / President t /'.TvpadANI r / / P Typed Name and Title ' t k : i 3375 Agricultural Center Dr '� r 1 RAEaSAL) Address ,. .1.4 _f.► y ib . I ' St. Augustine, FL 32092 t, , ilrkesS poi TRACT) ) City, State, Zip 4 ��a 0 \ xQ.,te ' °3 B arfi eld (904) 823 -8817 (904) 823 -9687 • Typed Name Telephone No. Facsimile No. FPIN: 430913 -1- 58/68 -01 PAYMENT BOND City of Sanford Bid No. IFB 12/13 -15 00610 -3 02 -14 -2013 SPECLIB091509 US 17 -92 Riverwalk Phase!! • ATTEST: SURETY Westfield Insurance Company (SU ETY SURETY Kimberly J. Ferris, Witness (330)887 -0101 (330)887 -0840 Typed Name Telephone No. Facsimile Mlt� (CORPORATE SEAL) By / • 0 fitness a- to SURETY 1 orney- in' cr) • .• Y ; Ashley Blackledoe Bradford W. Bush T p d Name Typed Name 10739 Deerwood Park Blvd., #200 Witness as SU TY Address Kailev White Jacksonville, FL 32256 Typed Name City, State, Zip • (904)398 -1234 (904)396 -7432 Telephone No. Facsimile No. NOTE: 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 the Bond. The SURETY's obligations run as to all such parties. 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 Bond on behalf of SURETY. END OF SECTION • FPIN: 430913 -1- 58/68 -01 PAYMENT BOND City of Sanford Bid No. IFB 12/13 -15 00610 -4 02 -14 -2013 SPECLIB091509 POWER NO, 09943702 Westfield Insurance Co. • General Power of Attorney Westfield National Insurance Co. Ohio Farmers Insurance Co. ORIGINAL Westfield Center, Ohio Know 411 Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY, and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a " Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having their principal offices in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint THERESA G. HAZEL, JUDITH L. DUPRIES, BRADFORD W. BUSH, KYLE C. WHITMAN, CLARENCE F. GREENE III JOINTLY OR SEVERALLY ofJACICSONVILLE and State of FL their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in their names, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship. LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attom under and by authority of the following resolution adopted by the Board of Directors of each of a WESTFIELD INSURANCE COMPS WESTFIELD NATIONAL INSURANCE COMPANY, and OHIO FARMERS INSURANCE COMPANY: "BE IT RESOLVED, that the President, any Senior Executive, any Secrehrry or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s )-in Fact to represent and act for and on behalf of the Company sut to the following provisions: The Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, admowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Cotporate Secretary." "BE IT FURTHER RESOLVED, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or tmdertaking to which it is attached." (Each adopted at a meeting held on February 8,2000.) In Witness W1rel I yVESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY, and OHIO FARMERS INSURANCE COMPANY have j. libporits to be signed by their Senior Executive and then co .. •: seals to be hereto affixed this hat day ofLYjgy, A.D., 2012 ip 1N a wES t" s INSURAN ANY rate` \r• . �u ` ' 0 " 1)•"'"'"•70.,_ V s ..., . WES I t, s NATION • j.. CE COMPANY Scab Affixed ? �! •• zw? '�' _ ? g � M R j �iER` OHIO u IIi ►iy s •MPANY • Sj i' SEAL m ° 0 '� • MO al By: I _rte N �• 1 Dec �' .Baas U> • • , * ,,, National Sorry Leader and Senior Executive State of Ohio . • ' County of Iukdipu ss. • \\.•• • On this jg<t dirt' iMrsvuAl6, 2m1?, before me personally came Dennis P. Baas, to me known, who, being by me duly sworn, did depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY, and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Board of Directors of said Companies; and that he signed his name thereto by like order. / Notarial � •�• " ,• ,,, ,•�� Seal Affixed _20 \� / / �• � s J L1..� .. -...% - O = m 3. Kerb - at Law, Notary Public =* , *= My Commission t Not Expire (Sec. 147.03 Ohio Revised Code) 19; i .; „R • State of Ohio County of Medina ss.: CERTIFICATE I, Frank Carrino, Secretary of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY, and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a tau and correct original Power of Attorney, executed by said Companies, which is still in full force anfleffric4,r3nd furthermore, the resolutions ofthe Board of Directors, set out in the Power of Attorney are in full force and effect. A.D. wt l yir�ve hereunto set my hand and affixed the seal of said Company at Westfield Center, Ohio, this day of • N rW"• , N , 0 .••••••.„ • r v • .. 1115u IME 11,4 BY: .4. 1..-44./&./ 111 . 04 -••••-•0 El � e R [ Frank Camino, Secretary tsA ' t SEAL Em 0 ' 1 4 Z i Pte` s .. f f' ' - . ' z>>1; :'vriA•M •s, ' • • ""rn.NN N•• BPOAC JMW (01-03) US 17 -92 Riverwalk Phase 11 • SECTION 00605 PERFORMANCE BOND Bond No. 7653706 KNOW ALL MEN BY THESE PRESENTS: that Ed Waters and Sons Contracting Company (Name of CONTRACTOR) 3375 Agricultural Center Dr, St. Augustine, FL 32092 (904)823 -8817 (Address of CONTRACTOR) (Phone No. of CONTRACTOR) a Florida , hereinafter called (Corporation, Partnership or Individual) CONTRACTOR, and Westfield Insurance Company (Name of SURETY) P.O. Box 5001, Westfield Center, OH 44251 (330)887 -0101 (Address of SURETY) (Phone No. of SURETY) • hereinafter called SURETY, are held and firmly bound unto: the City of Sanford, the OWNER, whose address is 300 North Park Avenue, Sanford, Florida 32771; in the full and just Sum of Four Million Nine Hundred Twenty Three Thousand Four Hundred Seventy and 82/100 DOLLARS ($4,923,470.82) in lawful money of the United States, for the payment of which sum well and truly to be made, we, the CONTRACTOR and SURETY, 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 CONTRACTOR entered into a certain Agreement (including all associated contract documents relating thered as the Agreement may be amended from time -to -time) with the OWNER, dated the `1Y 'day of (17 , 2013 a copy of which may be hereto attached, but, in any event, is maintained in the records of the OWNER, said Agreement being hereby made a part hereof by this reference thereto as if fully set forth herein verbatim, said Agreement being entered generally for the construction of: US 17 -92 Riverwalk Phase II (Name of Project) (Contract No.) The Project is briefly described as: • The Sanford RiverWalk Phase II Project entails the construction of a 10 to 12 -foot wide multi- use path including replacement of the adjacent seawall along the north side of US 17/92 on FPIN: 430913 -1- 58/68 -01 PERFORMANCE BOND City of Sanford Bid No. IFB 12/13 -15 00605 -1 02 -14 -2013 SPECLIB091509 US 17 -92 Riverwalk Phase 11 • Lake Monroe in Sanford. The project consists of three distinct bid sections, a Base Bid and two Alternate Bids. The Base Bid governs the extension of the existing Riverwalk multi -use path along with the replacement of adjacent seawall from French Avenue, approximately 3,635 feet to just northwest of the Central Florida Regional Hospital entrance. The First Alternate Bid continues the extension of the Base Bid improvements by approximately 1,890 feet to the intersection of Rachelle Avenue at US 17/92. The Second Alternate Bid provides for the construction of a 12 -foot multi -use path facility from east of the Central Florida Zoo entrance at US 17/92, approximately 2013 feet northwest to the intersection of Monroe Road at US 17/92. The Total Project Length, including Alternates, is approximately 7,538 feet. The Project is located (address or general location as shown below): Parallel to US 17/92 along the North Side of Lake Monroe in Sanford Florida from French Avenue to Monroe Road /I -4 Interchange. This Bond is being entered into to, at a minimum, satisfy the requirements of Section 255.05, Florida Statutes, and to satisfy the terms and conditions the Agreement. 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 CONTRACTOR: 1. Promptly and faithfully performs all of its duties and responsibilities as well as all of the covenants, terms, conditions, and agreements of said Agreement in its totality, in the time and manner prescribed in the Agreement to the satisfaction of the OWNER, and 2. Pays OWNER all such sums as will be sufficient to satisfy all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' fees (including, but not limited to, costs and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by CONTRACTOR under the Agreement), and 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 able to be voided upon demand of the SURETY; otherwise it shall remain in full force and effect. The coverage of this Bond is co -equal with each and every obligation of the CONTRACTOR under the Agreement. In the event that the CONTRACTOR fails to perform any of the terms, covenants or conditions of the Agreement before this Bond is released by the OWNER, the SURETY shall remain liable to the OWNER for all such loss or damage. The SURETY shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expenses enumerated herein with respect to the CONTRACTOR, resulting directly or indirectly from the SURETY's failure to fulfill its obligations hereunder. This • subsection shall survive the termination or cancellation of this Bond. FPIN: 430913 -1- 58/68 -01 PERFORMANCE BOND City of Sanford Bid No. IFB 12/13 -15 00605 -2 02 -14 -2013 SPECLIB091509 US 17 -92 Riverwalk Phase!! • The SURETY stipulates and agrees that its obligation under this Bond is to perform the CONTRACTOR's work under the Agreement. The following shall not be considered performance under any circumstance or in any context: (i) SURETY's financing of the CONTRACTOR under the Bond to keep CONTRACTOR from defaulting under the Agreement, or (ii) SURETY's offers to OWNER to buy back the Bond. 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) fully take over performance of the CONTRACTOR's work under the Agreement in a plenary manner and be the completing surety even if performance of the CONTRACTOR's work exceeds the CONTRACTOR's contract price under the Agreement, or (ii) re -bid and re -let the CONTRACTOR's work to a completing contractor with SURETY remaining liable for the completing contractor's performance of the CONTRACTOR's work and furnishing adequate and full funds to complete the work in the required plenary manner. The SURETY acknowledges that its cost of completion upon default by the CONTRACTOR may exceed the contract price set forth in the Agreement. In any event, the CONTRACTOR I'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 CONTRACTOR, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and CONTRACTOR without the SURETY's knowledge or consent (ii) waivers of compliance with or nay default under the Agreement granted by OWNER to CONTRACTOR without the SURETY's • knowledge or consent, or (iii) the discharge of CONTRACTOR from its obligations under the Agreement as a result of any proceeding initiated under the bankruptcy laws of the United States of America, as the same may be amended, or any similar State or Federal law, or any limitation of the liability or CONTRACTOR or its estate as a result of any such proceeding. Any changes in or under the Agreement 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, CONTRACTOR and SURETY acknowledge that the Sum of this Bond shall increase or decrease in accordance with change orders (unilateral and bilateral) or other modifications to the Agreement. The CONTRACTOR may have obligations to the SURETY, but the failure of the CONTRACTOR to perform, comply with or accomplish any such obligation, in whole or part, shall not, in any way or to any extent, limit or interfere with the rights and benefits of the OWNER under this Bond. This Bond and any other bond, or similar document, and the covered amounts of each, are separate and distinct from each other and the OWNER shall be entitled to the totality of rights and benefits from all such documents. This Bond is intended to comply, at a minimum, 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; provided, however, that the OWNER shall be entitled to all such common law rights notwithstanding the language used herein. The SURETY agrees that this Bond shall be construed as a common law bond when such construction will benefit the OWNER. The undersigned signatories represent to the OWNER that they are authorized, • permitted and empowered to execute this document and bind the entity or person for which they FPIN: 430913 -1- 58/68 -01 PERFORMANCE BOND City of Sanford Bid No. IFB 12/13 -15 00605 -3 02 -14 -2013 SPECLIB091509 US 17 -92 Riverwalk Phase 11 • are executing this document and recognize that the OWNER is relying, to its detriment, upon the signature set forth below and the representations, promises, covenants, guarantees and assurances made herein. y� + ,n 1. IN WITNESS WHEREOF, this instrument is executed this the ?i day of — a/0� `k_ ATTEST: CONT • Signatory Authority Cam/ 1 CONT�OR Attesting Authority CO ■ C • R Signatory Authority Wayne Waters / Vice President Eric Prendergast / President Typed Name Typed Name and Title 3375 Agricultural Center Dr ( CORPORATE SEAL) Address .� . .._ St. Augustine, FL 32092 (Witness r CONTRA' TOR) City, State, Zip Katelyn Barfield (904) 823 -8817 (904) 823 -9687 Typed Name Telephone No. Facsimile No. • ATTEST: - SURETY Westfield Insurance Company (SURETY) SURETY Kimberly J. Ferris, Witness (330)887 -0101 (330)887984O Typed Name Telephone No. FacsirtacY,RANc (CORPORATE SEAL) • O Afkie 1Ca.Lae,(L,' B j,EAL:= Witness as to SURETY orne -in -Fact Ashley Blackledge Bradford W. Bush Typ-d Name Typed Name • i I 11 10 10739 Deerwood Park Blvd., #200 Witness as t.i.URETY Address Kailey White Jacksonville, FL 32256 Typed Name City, State, Zip (904)398 -1234 (904)396 -7432 Telephone No. Facsimile No. • FPIN: 430913 -1- 58/68 -01 PERFORMANCE BOND City of Sanford Bid No. IFB 12/13 -15 00605 -4 02 -14 -2013 SPECLIB091509 US 17 -92 Riverwalk Phase 11 • NOTE: 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 the Bond. The SURETY's obligations run as to all such parties. 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 Bond on behalf of SURETY. END OF SECTION • • FPIN: 430913 -1- 58/68 -01 PERFORMANCE BOND City of Sanford Bid No. IFB 12/13 -15 00605 -5 02 -14 -2013 SPECLIB091509 US 17 -92 Riverwalk Phase!! • • This Page Intentionally Left Blank • FPIN: 430913 -1- 58/68 -01 PERFORMANCE BOND City of Sanford Bid No. IFB 12/13 -15 00605 -6 02 -14 -2013 SPECLIB091509 , POWER NO. 09943702 Westfield Insurance Co. • General Power of Attorney Westfield National Insurance Co. Ohio Farmers Insurance Co. ORIGINAL Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY, and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a " Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having their principal offices in Westfield Center, Medina County, Ohio, do by these presents mare, constitute and appoint THERESA G. HAZEL, JUDITH L. DUPRIES, BRADFORD W. BUSH, KYLE C. WHITMAN, CLARENCE F. GREENE III JOINTLY OR SEVERALLY ofJACKSONVII.LE and State of FL their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in their names, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bends were signed by the President. sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and cons all that the said Attorney(s)-in-Fact 1 �n$ may do is the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY, and OHIO FARMERS INSURANCE COMPANY: "BE IT RESOLVED, that the President, any Senior Executive, any Secreary or any Fidelity & Surety Operations Executive or other Executive shill be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s )-in -Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fad may be given full power and authority for and in the name of and on behalf of the Company, to execute, ado owledge and deliver, any and all bonds, necognizahces, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "BE TT FURTHER RESOLVED, that the signature of any such designated person and the seal of the Company heretofore or hereafter affoced to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Farb adopted at a meeting held on February 8, 21)00.) In WtdheVeW 1 WASTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY, and OHIO FARMERS INSURANCE COMPANY,hhi silLents to be signed by their Senior Executive and their co . •:. seals to be hereto affixed this 1st day of may, AD., 2012 a,r;: +•tW �"'+ tNaa WES r' s INSURANVe 1'ANY • rpol'a •. • .••4 , q q t r ... "•.., G - It,.. *.11%x, _ WES ' I v. s NATION t. • CE COMPANY Affixed Lu • =`Or �u ' = i `s t# t iTE ♦ • OHIO a. IN � . a Lj SEAL •}._ i o e _ 1 .' MPANY • 4.•• `••- • ...... ..s s * ., . ..•' * :1. Den �` ' . Baas �� � onfit,q sr . ' '+a,,,. *. ".,,,. National Sorry Leader and Senior Executive State of 0li , • • • • • � • • `� County ofMedi*,,,� „ \\\ On this 1g< day l�ay. A.D., Ma, before me personally came Dennis P. Baas, to me known, who, being by me duly sworn, did depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY, and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrwnent; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; fiat they were so affixed by order of the Board of Directors of said Companies; and that he signed his name thereto by like order. Notarial `��� ....,,,�� A- 4 / /. Seal Affixed ; 20 � ms s I � L.,:. � �.c..� . O? t m J. Kah - : d .'r at Law, Notary Public T . '''''F,r *12 My Commission 1 Not Expire (Sec. 147.03 Ohio Revised Code) State of Ohio County of Medina ss.: CERTIFICATE I, Frank Carrino, Secretary of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY, and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct original Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions ofthc Board of Directors, set out in the Power ofAttorney are in full force and effect. In W t re 1 have hereunto set my hand and affixed the seal of said Company at Westfield Center, Ohio, this day of , A.D., • 0111 -_ BY: _faf.-..e.i&dlikA t� • : i � , % tM • -e Frank Carrino, Secretary cL 4 t l SELZtL Ali : h`; f0 0 % N. ( .� �T • so , ;+; •f ,1 $. ISO ' . J • • • • ,, • \�� \\ BPOAC /, JM�V 1 (A14#) 1e \\\\\ ,.\