1530* Killebrew, Inc. Water Main Looping Bond ,.
'_:i
.„.,:.q
. .
wolid) ,
i -81-31877-4 an
UTILITY DEPARTMENT _
TRANSMITTAL MEMORANDUM
.4(...,_,L.:„...r.,
To: City-Cle par nt
t �,,,, Pk� Q ci(ra -D4
RE: Killebrew, Inc Bond -'`rrn 0
The item(s)noted below is/are attached and forwarded to your office for the following action(s):
n Development Order El Mayor's signature
❑ Final Plat(original mylars) El Recording
❑ Letter of Credit ❑ Rendering
Maintenance Bond g Safe keeping (Vault)
_❑, Ordinance
o
❑ Resolution
® Material and Workmanship Bond taY .
Once completed, please:
El Return original
❑ Return copy
El
Special Instructions:
Please advise if you have any questions regarding the above.
Thank you!
11 i
F a m Date
BOND NO. 54-197491
Effective Dates: 9/19/13- 9/19/15
Executed in 1 Counterpart
MATERIAL AND WORKMANSHIP BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE Killebrew, Inc. , hereinafter referred to as "Contractor° and
United Fire and Casualty Company, hereinafter referred to as "Surety" are held and firmly bound
unto City of Sanford , hereinafter referred to as the OWNER in the sum
of ten percent (10%) of the Contract Price as adjusted under the Contract Documents. The
Final Contract Price is $559,856.55, therefore Contractor and Surety are held and firmly bound
unto OWNER the sum of Fifty-five thousand nine hundred eighty-five and 66/100 Dollars
($55,985.66) for the payment of which we bind ourselves, heirs, executors, successors and
assigns,jointly and severally, firmly by these presents.
WHEREAS, Contractor has constructed certain improvements, including:
A. SR 46 Water Main (PQL 3) Construction of approximately 880-ft of new 10"
water main along the south side of SR 46 from Upsala Rd. to the east,
connecting to existing City of Sanford water main located east of Upsala Rd.
B. Meisch Rd. and 5th St. Water Main (PQL 7) Construction of approximately 2490-
ft of new 8" water main along the south side of 5th St. between Aero Lane and
Meisch Rd., and along the west side of Meisch Rd. between 5th St. and St. Johns
Parkway.
C. Red Cleveland Blvd. Water Main (PQL 12) Construction of approximately 3980-ft
of new water main along the west side of Red Cleveland Blvd. and Control Tower
Rd. between Marquette Ave. and the existing water main located approx. 1000-ft
north of Airport Blvd., east of the Orlando Sanford International Airport terminal.
D. New Celery Ave. Water Main (PQL 15) Construction of approximately 1,925-ft of
new 8"water main along New Celery Avenue, along the new north/east right-of-
way. The water main extends from 8" water main stub-out on the west side of
SR 415 and extends along New Celery Ave., ending at the north side of existing
Celery Ave. where the new water main connects to an existing 6" water main on
the north side of existing Celery Ave.
These improvements and other appurtenances are for a certain Project known as Water
Main Looping Projects - Phase 1, constructed under City Purchase Order No. P.O. No. 033282,
and
WHEREAS, the aforesaid improvements were made pursuant to an Agreement and
subsequent Purchase Order No. P.O. No. 033282 dated 2/18/13 and filed with the Purchasing
Office of OWNER; and
WHEREAS, the Contractor warrants and guarantees to the OWNER that all work, labor,
materials, equipment and services furnished and performed has been done in a good and
workmanlike manner and is of the highest quality, free from defects; and
Water Main Looping Projects-Phase 1 MATERIAL AND WORKMANSHIP BOND
Page 1 of 3
0
WHEREAS, Contractor is obligated to protect the OWNER against any defects resulting
from faulty Materials or Workmanship of said improvements and to maintain said improvements
for a period of two (2) years from the date of Final Completion under the Contract Documents,
which is September 19, 2013.
NOW THEREFORE, the conditions of this obligation is such that if Contractor shall
promptly and faithfully protect the OWNER against any Defects resulting from faulty Materials
and Workmanship of the aforesaid improvements and maintain said improvements for a period
of two (2) years from the date of Final completion, then this obligation shall be null and void,
otherwise it shall remain in full force and effect.
The OWNER shall notify the Contractor in writing of any Defect for which the Contractor is
responsible and shall specify in said notice a reasonable period of time within which Contractor
shall have to correct said Defect.
The Surety unconditionally covenants and agrees that if the Contractor fails to perform,
within the time specified, the Surety, upon thirty (30) days written notice from OWNER, or its
authorized agent or officer, of the failure to perform will correct such Defect or Defects and pay
the cost thereof, including, but not limited to engineering, legal and contingent costs. Should the
Surety fail or refuse to correct said Defects, the OWNER, in view of the public interest, health,
safety, welfare and factors involved, shall have the right to resort to any and all legal remedies
against the Contractor and Surety and either, both at law and in equity, including specifically,
specific performance to which the Contractor and Surety unconditionally agree.
The Contractor and Surety further jointly and severally agree that the OWNER at its option,
shall have the right to correct said Defects resulting from faulty Materials or Workmanship, or,
pursuant to public advertisement and receipt of Bids, cause to be corrected any Defects or said
Defects in case the Contractor shall fail or refuse to do so, and in the event the OWNER should
exercise and give effect to such right, the Contractor and the Surety shall jointly and severally
hereunder reimburse the OWNER the total cost thereof, including, but not limited to,
engineering, legal and contingent costs, together with any damages either direct or consequent
which may be sustained on account of the failure of the Contractor to correct said defects.
IN WITNESS WHEREOF, this instrument is executed this the 19th day of December,
2013.
ATTEST:
Killebrew, Inc.
Contract Attesting Authority Contractor Signatory Authority
(Lit d - 1,,,O1 L i a,n C. Thin as ► V ' fires
Typed Name Typed Name and Title
2830 Winter Lake Road
(CORPORATE SEAL) Address
_Zej.A,Z,„L__art c -LJZJ/--_. Lakeland, FL 33803
(Witness to CONTRACTOR) City, State, Zip
Water Main Looping Projects-Phase 1 MATERIAL AND WORKMANSHIP BOND
Page 2 of 3
(863)701-0273 (863) 701-9204
Typed Name Telephone No. Facsimile No.
A 71 et_
(Surety) Secretary Surety UNITED FIRE&CASUALTY COMPANY
Susan L. Reich (319) 399-5700 (319) 399-5425
Typed Name Telephone No. Facsimile No.
(CORPORATE SEAL) R L
Witness as to Suret� Attorney-in-Fact
& FL Licensed Resident Agent
Patricia L. Slaughter Gloria A. Richards (407) 786-7770
Typed Name Typed Name
, . ,_• _ !__ P.O. Box 73909
► itness as to Surety Address
Lisa Roseland Cedar Rapids, IA 52407-3909
Typed Name City, State, Zip
(319) 399-5700 (319) 399-5425
Telephone No. Facsimile No.
NOTE: If Contractor is a joint venture, all venturers shall execute the Bond. If Contractor is
Partnership, all partners shall execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State
of Florida, unless otherwise specifically approved in writing by Owner.
ATTACH a certified Power-of-Attorney appointing individual Attorney-in-Fact for execution of
Bond on behalf of Surety.
Water Main Looping Projects-Phase 1 MATERIAL AND WORKMANSHIP BOND
Page 3 of 3
UNITED FIRE&CASUALTY COMPANY,CEDAR RAPIDS,IA Inquiries: Surety Department
UNITED FIRE&INDEMNITY COMPANY,GALVESTON,TX 118 Second Ave SE
FINANCIAL PACIFIC INSURANCE COMPANY,ROCKLIN,CA Cedar Rapids,IA 52401
CERTIFIED COPY OF POWER OF ATTORNEY 319-399-5494
(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
LESLIE NI DONAHUE, OR KIM E NIV OR JEFFREY W REICH, OR SUSAN L REICH, OR TERESA L DURHAM, OR PATRICIA
L SLAUGHTER, OR GLORIA A RICHARDS, OR OR DON BRAMLAGE, OR LISA ROSELAND, OR CHERYL FOLEY, ALL
INDIVIDUALLY of MAITLAND FL
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 $35,000,000.00
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 on May 15,2013,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"
Section 2,Appointment of Attorney-in-Fact. "The President or any Vice President,or any other officer of the Companies may,from time to
time, appoint by written certificates attorneys-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,may be
affixed by facsimile to any power of attorney or special power of attorney 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 seal of the Companies,to be valid and
binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-in-fact, subject to the limitations set
forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such
P h' Po
instruments and to attach the seal of 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 attorney-in-fact.
,,,,,°'v i'bo, .•,,,j11111010,, „+111°h,lhh, IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its
rc .43"8 ``;QG�FOp R4 qy� vice president and its corporate seal to be hereto affixed this 11th day of October, 2013
CORPORATE =4a CORPORATE g'.. . :2�+ ��,,
F UNITED FIRE&CASUALTY COMPANY
�•— �" b�-Q:� DULY 2� :O'
'7 SEAL T,• SEAL =6; 1966 ,i, UNITED FIRE&INDEMNITY COMPANY
,,,,;704140,5; ,.cr5 �'�. '.cgUFOR��e''�,`' FINANCIAL PACIFIC INSURANCE COMPANY
,,,,,,,,,,, h1I111111N1111+
By:
State of Iowa,County of Linn,ss: Vice President
On 11th day of October, 2013, 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.
My Commission Expires 4/23/2015
e♦ Judith A.Davis
Iowa Notarial Seal , ♦ `� Notary Public
• Commission number 173041 My commission e pires:4/23/2015
wrr, /
I,David A. Lange, Secretary of UNITED FIRE&CASUALTY COMPANY and Assistant Secretary of ITED 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 Attorney has not been revoked and is now in full force and effect.
In testimony whereof I have to subscribed my name and affixed the corporate seal of the said Corporations
this IQ day of �c QC'Q,f YIbQ% ,20 I
0°4 `k o°$
CORPORATE �' slS CORPORATE��= _��.•2 DULY 2Z ;p= By
•� SEAL ti` •O SEAL a`; 1966 1
c�,
�1,�IR 1Y105%, ,i43/41XN '"��` ��/ hunlnuN+ `O`` Secretary,UF&C
nlunroll` Assistant Secretary,OF&I/FPIC
BPOA0049 0913
r -
BOND NO.: 54-192177 PROJECT NAME: Water Quality Improvement
Contractor: Killebrew, Inc. PROJECT NO.RFQ 11/12-02
SECTION 00617
CONSENT OF SURETY TO FINAL PAYMENT
WE, the United Fire&Casualty Company , having heretofore
executed Performance and Payment Bonds for P.O.#033282-Water Main Looping Project-
Phase 1 Only in the SUM Of Five Hundred Fifty Nine Thousand Eight Hundred Fifty_Six and 55/100
Dollars 1$ 559,856.55 ), hereby agree that the OWNER may make full payment of
the final estimate, including the retained percentage, to said CONTRACTOR. The Surety
concurs that full payment to the CONTRACTOR is appropriate and the Surety expressly
releases the OWNER from all liability to Surety resulting from full payment to CONTRACTOR. It
is fully understood that the granting of the right to the OWNER to make payment of the final
estimate to said contractor and/or his assigns, shall in no way relieve this surety company of its
obligations under its bond, as set forth in the specifications, contract and bond pertaining to the
above project.
IN WITNESS WHEREOF, the United Fire&Casualty Company has
caused this instrument to be executed on its behalf by its Representative
and its duly authorized attorney in fact, and its corporate seal to be
hereunto affixed, all on this 20th day of December , 2013
United Fire&Casualty Company 111.101 � • * g ••
Surety Attorney-in-Fact Gloria A. Richards
&FL Licensed Resident Agent (407) 786-7770
(Power of Attorney must be attached if executed by Attorney in Fact)
STATE OF Florida
COUNTY OF - Orange
The foregoing instrument was acknowledged before me this 20th day of December
, 2013 by Gloria A. Richards of
United Fire&Casualty Company (corporation), on behalf of the corporation, who is
personally known to me or has produced N/A (Type
of Identification) as identification and who did (did not)take an oath.
Sworn to and subscribed to before me this 20th _day of December , 2013
(Signature)
Patricia L. Slaughter
(Print name) Notary Public in and for the County and State Aforementioned
My Commission Expires: 3/31/17
END OF SECTION
Vla"SI; Notary Pudic Stale of Florldo
Patricia L Slaughter
00617-1 My Commission EE 868174
or Expire+03/31/2017
. , UNITED FIRE&CASUALTY COMPANY,CEDAR RAPIDS,IA Inquiries: Surety Department
UNITED FIRE&INDEMNITY COMPANY,GALVESTON,TX 118 Second Ave SE
FINANCIAL PACIFIC INSURANCE COMPANY,ROCKLIN,CA Cedar Rapids,IA 52401
CERTIFIED COPY OF POWER OF ATTORNEY 319-399-5494
(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
LESLIE M DONAHUE, OR KIM E NIV OR JEFFREY W REICH, OR SUSAN L REICH, OR TERESA L DURHAM, OR PATRICIA
L SLAUGHTER, OR GLORIA A RICHARDS, OR OR DON BRAMLAGE, OR LISA ROSELAND, OR CHERYL FOLEY, ALL
INDIVIDUALLY of MAITLAND FL
their true and lawful Attorney(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 $35,000,000.00
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 on May 15,2013,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"
Section 2,Appointment of Attorney-in-Fact. "The President or any Vice President,or any other officer of the Companies may, from time to
time, appoint by written certificates attorneys-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,may be
affixed by facsimile to any power of attorney or special power of attorney 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 seal of the Companies,to be valid and
binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-in-fact, subject to the limitations set
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 seal of 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 attorney-in-fact.
o\\8 S"'u1,40*, ,,,,, ,;ri"1�/u 0011t11111//I,,,,, IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its
4 ro;, �Qsw `''�''., ,,,`dPC�F.`•PPOgRq.� vice president and its corporate seal to be hereto affixed this 11th day of October, 2013
CORPORATE Sp' �`
CORPORATE Q+$VO ArF':�,
V 1o)„22. 0.o. UNITED FIRE&CASUALTY COMPANY
?; — =Z `. UNITED IRE&INDEMNITY COMPANY
SEAL
SEAL
ins /12.::5-
Y: :a'•
,/�8$Ap1954'• ';C'/t� _ tSy,` ' cq�/f_OR��P<, FINANCIAL CIAL PACIFIC INSURANCE COMPANY
/!//11111711\\", I,i//,,,TON'C1°,\0' '�"i, 1t�``
///1111111\\ 'er/nI1111µUH1\
By: -
State of Iowa,County of Linn,ss: V ice President
On 11th day of October, 2013, 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.
Judith A.Davis
'r +e+ Iowa Notarial Seal , •' '� Notary Public
• Commission number 173041 My commission e pires:4/23/2015
ar► My Commission Expires 4/23/2015 /
I,David A. Lange, Secretary of UNITED FIRE&CASUALTY COMPANY and Assistant Secretary of ITED 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 Attorney has not been revoked and is now in full force and effect.
In testi on whereof I have beuntto subscribed my name and affixed the orporate seal of the said Corporations
this day of 1 ]2°_CSZryI hz - ,20 ( j
\\\$ISI�//II•I�,,/,, \\\\\1ND'S.y,�/,I tt\11i11111/1/f//I e.
o
4 CORPORATE tF' �p CORPORATE t± •ZVO Grp G1 By:
ots2g SEAL '1F-1: ;� SEAL K3 : '• 1986 „lip/
4i 3 e,Qt �• 'a 1/FOP : <�c
°''�R111�D\\\``` +'''/ni°�I,\\\\P�• ,`�'1,,,,111111t1,1111os`` Secretary,UF&C
Assistant Secretary,OF&I/FPIC
BPOA0049 0913