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1530* Kilbrew15 36 �r a vpRi Monday, July 07, 2014 PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM To: City Clerk RE: Kilebrew, Inc PO 33534.2 RFQ 11/12 -02 4th St Watermain Looping Ph II CIP The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond ® Safe keeping (Vault) ❑ Ordinance ❑ Deputy City Manager ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature ❑ ❑ City Clerk Attest /Signature Once completed, please: ❑ Return originals to Purchasing ❑ Return copies Special Instructions: Bonds need to be recorded anditetlrri to Purchasing attention Marisol Mo,r4o-L Orolo-v' e� pq From Date T: \Dept_forms \City Clerk Transmittal Memo - 2009.doc FA DATE: 09/03/13 IPURCHASING OFFICE: 407.688.5030 ACCOUNTS PAYABLE: 407.688.5020 FACSIMILE: 407.688.5021 VENDOR NO.: 11849 TO: KILLEBREW, INC PO BOX 6258 LAKELAND, FL 33807 -6258 PURCHASE ORDER CITY OF SANFORD P.O. BOX 1788 (300 NORTH PARK AVENUE) SANFORD, FLORIDA 32772 FLORIDA TAX EXEMPT NO.: 858012621681 C -8 PO NUMBER 033534 CHANGE #: 2 DATE CHG,: 11/27/13 SUBMIT INVOICES TO: ACCOUNTS PAYABLE FINANCE DEPT. P.O. BOX 1788 SANFORD, FL 32772 SHIP TO: CITY OF SANFORD 300 N. PARK AVENUE SANFORD, FL 32771 DELIVER BY TERMS F.O.B. DESTINATION BID OR QUOTATION NO. REQUISITION NO. UNLESS OTHERWISE INDICATED 09/30/13 NET /30 63887 ACCOUNT NO.: 452- 4530 - 536.63 -03 PROJECT NO DW1104 NO DEVIATION FROM THIS PURCHASE ORDER WILL BE ALLOWED UNLESS AUTHORIZED BY THE PURCHASING MANAGER - CITY OF SANFORD ITEM NO. DESCRIPTION QUANTITY UNIT OF ISSUE UNIT COST EXTENDED COST * CHANGE ORDER * *** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 1 4TH ST WATERMAIN LOOPING PH 2 101380.00 NA 1.00 101380.00 CIP(RFQ 11/12 -02) WATER TREAMENT PLANTS; WELL FIELDS AND WATER QUALITY. SRF LOAN DW159120 2 INCREASE PO FOR ADDITIONAL ITEMS 127070.00 NA 1.00 127070.00 Narcissus Ave Water Main Looping;PSL 5; DW1104 See Scope of Services Phase 3; 1400 -ft of new 10" North side of Narcissus Ave from 100ft East of North Kennel Rd West to North White Cedar Rd. Reduce PO per Final Change Order - $12,508.00 4th St Water Main PQL 14 final adjustment... MH /PM SUB TOTAL 228450.00 TOTAL 228450.00 APPROVED APPROVED BY: �GF3�A8iNG AG� CITY M AGECS��„ ALL PACKAGES AND INVOICES ASSOCIATED W H THIS P.O. MUST BEAR THIS PURCHASE ORDER NUMBER THE VENDOR RESPONSIBLE TO CAREFULLY READ AND COMPLY WITH ALL OF TH STANDARD TERMS AND CONDITIONS PROVIDED ON THE R VERSE SIDE OF THIS PURCHASE ORDER AND A HTTP: //WVI/W.SANFORDFL.GOV/ DEPARTMENTS /PURCHASE/TERMS.HTML PIES TO: VENDOR ORIGINATING DEPARTMENT PURCHASING CHANGE ORDER Change Order No. 2 (Final) Agreement Title: Water Quality Improvement Projects (CI P) - RFQ 11/12 -02 - DW59120 Project Name: Water Main Looping Projects - Phase 2 - 4th St. Water Main (PQL 14) Owner: City of Sanford Contractor: Killebrew Inc. (Vendor No. 11849, City P.O. No. X82) P.O. Date: 9/3/13 This Change Order is necessary to cover changes in the work to be performed under this Agreement. The Agreement, General Conditions, Supplementary Conditions, and Technical Specifications contained in the Project Manual apply to and govern all work under this Change Order. THE FOLLOWING CHANGES ARE MADE TO THE CONTRACT DOCUMENTS: 1. Original Contract Price 2. Current Contract Price (Adjusted by Previous Change Orders) 3. Total Proposed Change in Contract Price 4. New Contract Price (Item 2 + Item 3) 5. Original Contract Time 6. Current Contract Time (Adjusted by Previous Change Orders) 7. Current Contract Final Completion Date 7. Total Proposed Change in Contract Time 8. New Contract Time (Item 6 + Item 7) 9. New Contract Final Completion Date $ 113,888.00 $ 240,958.00 $ (12,508.00) $ 228,450.00 120 Days 120 Days 3/27/14 0 Days 120 Days 3/27/14 Water Main Looping Projects - Phase 2 - 4th St. Water Main CHANGE ORDER NO. 2 (FINAL) Page 1 of 4 ITEM 1 Description of Change Reason for Change: Change in Contract Price Change in Contract Time ITEM 2 Description of Change: Reason for Change: Change in Contract Price: Change in Contract Time: ITEM 3 Description of Change: Reason for Change: Change in Contract Price: Change in Contract Time: CHANGES ORDERED Work Change Directive No. 1 See attached executed copy of Work Directive No. 1 $3,265.00 0 Days Work Change Directive No. 2 See attached executed copy of Work Directive No. 2 $360.00 0 Days Final Quantity Adjustment Quantity revisions to reflect final installed quantities ($16,133.00) 0 Days Water Main Looping Projects - Phase 2 - 4th St. Water Main CHANGE ORDER NO. 2 (FINAL) Page 2 of 4 CHANGE ORDER SUMMARY No. Description Change in Contract Price Change in Contract Time 1 Work Change Directive No. 1 $3,265.00 0 2 1 Work Change Directive No. 2 $360.00 0 3 Final Quantity Adjustments $16,133.00 0 TOTAL $12,508:00 0 Days WAIVER This Change Order constitutes full and mutual accord and satisfaction for the adjustment of the Contract Price and Contract Time as a result of increases or decreases in cost and time of performance caused directly and indirectly from the change. Acceptance of this Waiver constitutes an agreement between OWNER and CONTRACTOR that the Change Order represents an equitable adjustment to the Agreement and that CONTRACTOR shall waive all rights to file a Contract Claim or claim of any nature on this Change Order. Execution of this Change Order shall constitute CONTRACTOR's complete acceptance and satisfaction that it is entitled to no more costs or time (direct, indirect, impact, etc.) pursuant to this Change Order. Water Main Looping Projects - Phase 2 - 4th St. Water Main CHANGE ORDER NO. 2 (FINAL) Page 3 of 4 APPROVAL AND CHANGE ORDER AUTHORIZATION ACKNOWLEDGMENTS The aforementioned change, and work affected thereby, is subject to all provisions of the original Agreement and specifically changed by this Change Order; and It is expressly understood and agreed that the approval of the Change Order shall have no effect on the original Agreement other than matters expressly provided herein. WITNESS to CONTRACTOR: Date ATTE T: j` r '4 44 (Signature) Gd f Date (Seal) Killebrew, Inc. Contractor William C. Thomas, IV PhD, P.E. - President Printed Name and Title o Office By (Signature) g11y/ ry Date (Corporate Seal) City of Sanford Owner Thomas J. George - Deputy City Manager Printed Name and Title By (Signat e) V67r// X Date If Water Main Looping Projects - Phase 2 - 4th St. Water Main CHANGE ORDER NO. 2 (FINAL) Page 4 of 4 ATTACHMENTS CHANGE ORDER NO. 2 CITY OF SANFORD WATER MAIN LOOPING PROJECTS - PHASE 2 - 4TH ST. WATER MAIN (PQL 14) CHANGE ORDER NO. 2 SUMMARY CHANGE ORDER SUMMARY No. Description Change in Contract Price Change in Contract Time 1 Work Change Directive No. 1 $3,265.00 0 2 Work Change Directive No. 2 $360.00 0 6 1 Final Quantity Adjustments ($16,133.00) 0 TOTAL 12,508.00) _Days M=M Work Directive No.: I Agreement Title- Water Quality Improvement Projects (CIP) - RFC 11112-02 - DW59120 Name of Project: Water Main Looping Projects - Phase 2 - 4th St. Water Main (PqL_14) _ Project No.: DW1 104 If a claim is made that the above chan 'ave affected 'Oontract, Price or Contract Time, any e on claim for a Change Order based will involve one of the following methods of determining the effect of the chan Water Main Looping Projects - Phase 2 4'h St Water Main Looping (PQL 14) WORK CHANGE DIRECTIVE NO, I Page I of 3 Documentation - Change Order No. 2 - Iterr, 1 (PG. 'I of 3) Method of Determining the Change In Contract Time Contractor's Records Engineer's Records As Specified Below NIA Other Estimated change in Contract Time = 0 days. If the change involves an additional increase, estimated time is not to be exceeded without further authorization. Water Main Looping Projects - Phase 2 St. Water Main Looping (POL 14) WORK CHANGE DIRECTIVE Page 2 of 3 Documentation - Change Order No. 2 - Item 1 (Pg. 2 of 3) From: Ian Lund <Ian @killebrewinc.net > Sent: Tuesday, October 29, 2013 9:56 AM To: Morris, David Cc- MIKE.WATSON@Sanfordfl.gov, Bowman, Katriina (P.E.); Rich Bushart Subject: 4th Street Wet Tap David, The 6x6 tap price of $2,500 from the Celery project will not work out on the e street project. Per our discussion in the *11, 'Yn the 4th St field we did not dewater the Celery tap but had to out on Casa Marina. The dewatering of the w et V " project will cost an additional $765.00 for a total of $3,265.00. Can I just add this item to the ka est or do we need some formal work order? • Well Points —40LF @ $11 / LF (10% Mark Up included • I Day pump rental and gas - $325 / Day W� MAN= Project Manager Safety Director Office — (863)701-0273 Fax - (863)701 -9204 www,killebrewinc.net, E z Water Main Looping Projects - Phase 2 4th St Water Main Looping (PQL 14) Page 3 of 3 Documentation - Change Order No. 2 - Item 1 (Pg. 3 of 3) Contractor: SECTION 00845 Water QualRy Improvement Projects (CIP) - RFQ 11112-02 - DW59120 Water Main LoODing Proiects - Phase 2 - 4th St. Water Main (POL 14)__ 033534 City of Sanford t V" X.-� Water Maln Looping Projects - Phase 2 41*h St Water Main Looping (POL 14) Page I of 2 WORK CHANGE DIRECTIVE NO.1 Documentation - Change Order No. 2 - Item 2 (Pg. I of 2) Method of Determining the Change in Contract Time Contractor's Records Engineer's Records As SpeciW Below NIA Other Estimated change in Contract Time = 0 jays. If the change involves an additional increase, estimated time is not to be exceeded without further authorization. Water Main Looping Projects - Phase 2 e St. Water Main Looping (POL 14) WORK CHANGE DIRECTIVE NO. 2 Page 2 of 2 Documentation - Change Order No. 2 - Item 2 (Pg. 2 of 2) CITY OF SANFORD WATER MAIN LOOPING PROJECTS - PHASE 2 - 4TH ST. WATER MAIN (PQL 14) FINAL QUANTITY ADJUSTMENTS (CHANGE ORDER NO. 2 - ITEM 3) NO. DESCRIPTION UNITS CONTRACT I QUANTITY FINAL INSTALLED QUANTITY QUANTITY ADJUSTMENT UNIT COST CHANGE IN TOTAL COS 4TH ST. WATER MAIN LOOPING (PQL 14) Et Mobilization LS 1 0 $6,100.00 $0.00 E2 Maintenance of Traffic LS 1 0 $1,265.00 $0.00 E3 Preconstruction Video LS 1 0 $550.00 $0.00 E4 Erosion and Sediment Control LS 1 0 $300.00 $0.00 E5 Silt Fence LF 870 6 196 $2.00 $392.00 E6 Clearin and Grubbin LS 1 0 $4,500.00 $0.00 E7 Fittin s TN 0.56 0.02 $14,000.00 $280.00 E8 6" PVC or DI Water Main Open Cut LF 730 64 66 $42.00 $2,772.00 EBA B" PVC Water Main Open Cut LF 20 14 6 $43.00 $258.00 E9 8" PE Water Main Directional Drill LF 599 599 0 $60.00 $0.00 E10 . E11 8 "x6" Tapping Sleeve and Valve 6 "x2" Service Saddle EA EA 1 1 0 1 1 0 $4,500.00 $900.00 $4,500.00 $0.00 E12 6 "xt" Service Saddle EA 1 1 0 $900.00 $0.00 E13 Connect to Existing 2" Water Main EA 1 1 0 $300.00 $0.00 E14 6" Gate Valve EA 2 2 0 $1,100.00 $0.00 E15 Fire Hydrant Assembly EA 1 1 0 $3,550.00 $0.00 E16 Air Release Valve EA 1 1 0 $5,500.00 $0.00 E17 Blowoff Assembly EA 1 1 0 $800.00 $0.00 E18 Install New 1" Water Service Line LF 22 22 0 $29.00 $0.00 Connect New 1" Water Service to Existing Meter EA 1 1 0 $600.00 $0.00 Open Cut Remove and Replace Asphalt Pavement Tempos Jumper Connection SY EA 12 1 0 1 12 0 $50.00 $600.00 $6$0.00 $0.00 Soddin (St. Au ustine SY 233 570 337 $3.00 $1,011.00 r Soddin (Bahia) SY 1173 627 546 $2.00 $1,092.00 han a Directive Items Install 6 "x6" Ta in Sleeve andValve pen ut Remove and Replace xistIng idewalk EA SY 1 8.0 1 8.0 0 0.0 $3,265.00 $45.00 $0.00 $0.00 Sub -total 4th Street Water Main Looping) ($8,883.00 NARCISSUS AVE. WATER MAIN LOOPING (PQL 5 61 Mobilization LS 1 1 0 $7,500.00 $0.00 B2 Maintenance of Traffic LS 1 1 0 $3,200.00 $0.00 B3 Preconstruction Video LS 1 1 0 $550.00 $0.00 B4 Erosion and Sediment Control - LS 1 1 11235 0 $300.00 B5 Silt Fence LF 1300 300 0 $2.00 $0.00 B6 Clearing and Grubbing LS 1 1 0 $10,400.00 $0.00 B7 Fittings TN 0.80 .34 0.46 $14,000.00 $6,440.00 B8 10" PVC or DI Water Main Open Cut LF 1253 18 $45.00 $810.00 B9 10" PE Water Main Directional Drill LF 149 149 0 $65.00 $0.00 B10 Remove Plug and Connect to Existing 12" Water Main EA 1 1 0 $1,200.00 $0.00 B11 Remove Plug and Connect to Existing B" Water Main EA 1 1 0 $1,200.00 $0.00 B12 10" Gate Valve EA 2 2 0 $1,900.00 $0.00 B13 Fire Hydrant Assembly EA 2 2 0 $3,550.00 $0.00 B14 Blowoff Assembly EA 1 1 0 $800.00 $0.00 B15 B16 Tempos Jumper Connection Remove and Replace Existing Hog Wire Fence EA LF 1 620 1 620 0 0 $550.00 $10.00 $0.00 $0.00 617 Sodding (Bahia) SY 2200 2200 0 $2.00 $0.00 Sub -total (Narcissus Ave. Water Main Looping) ($7,250.00 OTAL $16,13100 Attachment - C.O. No. 2 W M Looping.xlsx Documentation - Change Order No. 2 - Item 3 (Pg. 1 of 1) CONSENT OF SURETY TO FINAL PAYMENT WE, United Fire and Casualty Company, having heretofore executed Performance and Payment Bonds No. 54- 192177 for the Project known as Water Quality Improvement Projects, in the amount of $4,400.000 hereby agree that City of Sanford, hereinafter referred to as OWNER may make full payment of the final estimate of a portion of the bonded work, including the retained percentage, to the CONTRACTOR, Killebrew, Inc.. This Consent of Surety applies to the portion of the overall work known as the Water Main Looping Projects - Phase 2-4 th St. Water Main Logging (PQL 14). constructed under City Purchase Order No. P.O. No. 033534, and included improvements as follows: A. 4th St. Water Main (PQL 14) Construction of approximately 1300 -ft of new 6 " -8" water main along the south side of 4th St. from Crescent Blvd. extending east to unopened R/W (May River Ct.) and then south along the unopened R/W to the Celery Key subdivision, connecting to existing 6" water main located on Casa Marina PI. B. Narcissus Ave. Water Main (PQL 5): At this location, approximately 1400 -ft of new 10" water main is proposed along the north side of Narcissus Avenue from 100 -ft east of North Kennel Road west to North White Cedar Road. The Surety concurs that full payment to the CONTRACTOR for the above identified portion of the overall work 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 6th day of May 2014 United Fire & Casualty Company Surety Attorney -in -Fact & FL Licensed Resident Agent Gloria A. Richards (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 6th day of May 2014 by Gloria A. Richards of United Fire & Casualty Company (corporation), on behalf of the corporation, who is personally known to me or has produced NSA (Type of Identification) as identification and who did (did not) take an oath. Water Main Looping Projects - Phase 2 CONSENT OF SURETY TO FINAL PAYMENT Page 1 of 2 Sworn to and subscribed to before me this 6th day of May , 2014 u"d OyD m (Signature) Teresa L. Durham (Print name) Notary Public in and for the County and State Aforementioned My Commission Expires: 2/22/15 Notary Public State of Florida Teresa L Durham �.� a`' My Commission EE057514 OF FV° Expires 02/22/2015 Water Main Looping Projects - Phase 2 CONSENT OF SURETY TO FINAL PAYMENT Page 2 of 2 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 (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 Comppanies)l and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint LESLIE M DONAHUE, OR KIM E t3'iV 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 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. CAS `",11111111 /l °�" `u'ar% °" "iris " " "•, 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 1 1 t h day of October, 2013 CORPORATE,' 2 Q O Q�,0 0 _ ; _ F CORPORATE e's E Q,: g Fo; __ UNITED FIRE & CASUALTY COMPANY Zp kt :Z _ _ )ULV 27 :o- SEAL SEAL Yc . 1986 ; = UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY Ip11111111 'hrUrurlpUP"1 By: State of Iowa, County of Linn�` Vice President h , ss: 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. W., Judith A. Davis Iowa Notarial Seal Notary Public Commission number 173041 My commission a pires: 4/23/2015 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 test}' o �^wh�ereof I have hereunt subscribed my name and affixed th corporate seal of the said Corporations this SS�L day of �� , 20�. `` „$1/111111” `�pa1111l11p1 „ 11,11 //1 us[y,; 4i,� � ^�,$�ND6a... /ip�� a� INSU. �, g p T F% k CORPORATE �e'-- 'C CORPORATE ,% .t.'2 DULY 2? ��':O= n SEAL v • '� ° G'•. 1966 By.!'�' SEAL y C, P '2 caTON ` "`V�` ��•• '11111111111`` '11111111111�� %,,,,,,,,r,rr,,,,1N,• Secretary, OF &C Assistant Secretary, OF &I /FPIC BPOA0049 0913 Bona No. 54- 20046i Effective Dates 3/27/14 - 3/27/16 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 Co., 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 $228.450.00, therefore Contractor and Surety are held and firmly bound unto OWNER the sum of Twenty -two thousand eight hundred forty -five and 00/100 Dollars ($22.845.00) 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. 4th St. Water Main (PQL 14) Construction of approximately 1300 -ft of new 6 " -8" water main along the south side of 4th St. from Crescent Blvd. extending east to unopened R/W (May River Ct.) and then south along the unopened R/W to the Celery Key subdivision, connecting to existing 6" water main located on Casa Marina PI. B. Narcissus Ave. Water Main (PQL 5): At this location, approximately 1400 -ft of new 10" water main is proposed along the north side of Narcissus Avenue from 100 -ft east of North Kennel Road west to North White Cedar Road. These improvements and other appurtenances are for a certain Project known as Water Main Looping Projects - Phase 2 — 4t'-' St. Water Main Looping (PQL 14), Narcissus Ave. Water Main (PQL 5), constructed under Purchase Order No. 033534, and WHEREAS, the aforesaid improvements were made pursuant to an Agreement and subsequent Purchase Order No. P.O. No. 033534 dated 9/3/13 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 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 March 27, 2014. 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. Water Main Looping Projects - Ph. 2 MATERIAL AND WORKMANSHIP BOND Page 1 of 3 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 30th day of April 2014 ATTEST: Killebrew Inc. CONTRACTOR CfONTRAC OR Attesting Authority By: CONTRACTOR Signatory Authority William C. Thomas, IV PhD, P.E. - President Typed Name Typed Name and Title 2830 Winter Lake Rd. (CORPORATE SEAL) Address LIIAA-�'V L,r . Lakeland, Florida 33807 (Witness to CONTRACTOR) City, State, Zip 1-e, A iS c 1 e of 863- 701 -0273 863- 701 -9204 Typed Name Telephone No. Facsimile No. Water Main Looping Projects - Ph. 2 MATERIAL AND WORKMANSHIP BOND Page 2 of 3 =,L� X - (SURETY) Secretary Susan L. Reich Typed Name (CORPORATE SEAL) �`i, ryt Witness as to SURETY Teresa L. Durham Typed Name SURETY United Fire and Casualty Co. SURETY By: Attorney -in -Fact & FL Licensed Resident Agent Gloria A. Richards Typed Name P.O. Box 73909 Address Cedar Rapids, IA 52407 -3909 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 - Ph. 2 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 (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 Comppanies , and having their corporate headquarters in Cedar Rapids, State of Iowa, does make constitute and appoint LESLIE M DONAHUE, OR KIM E �IV 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 shalt 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. mss IN WITNESS WHEREOF, the COMPANIES have each caused these resents to be signed b its �s �� \\ wD iiq, oal ° °m "'li,, p Im y F X3°0 : $'''�•; c��`P oRggtic -;, vice president and its corporate seal to be hereto affixed this 11th day of October, 2013 CORPORATE k i 20 CORPORATE _ _ Z. Z? •• o - UNITED FIRE &CASUALTY COMPANY SEAL P SEAL ,� = a`: 1986 = UNITED FIRE & INDEMNITY COMPANY os 4 . ? 2'•. C P 2 ,;�� ciFOP�` ` <,,. FINANCIAL PACIFIC INSURANCE COMPANY � /IIIIINII \ \ \\ , "' %p „1,n11111111d \ "'`` V By: State of Iowa, County of Linn, ss: —� tce 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 Iowa Notarial Seal Notary Public • Commission number 173041 My commission a pines: 4/23/2015 owk 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 nn hereof I have hereto subscribed my name and affixed the corporate seal of the said Corporations this day of f )I(l 20_( `IINIIIIUI /// .\ \I, \Ililsuy�,, ,I yCAS �iC'. ;.\FAG INSU. ��.. w CORPORATE '�q `pi CORPORATE g,± ; Qv,2 �rF�:C, =z —a .y —a— s� 3v JULY : ;3 By: ? SEAL SEAL % = a • 1966 '''''x11111 \N`` \`` •,,'nl " \ \��` ,,,� I ...of! o��'° Secretary, OF &C 1111111 \ \\ IIII1111111111\ Assistant Secretary, OF &I /FPIC BPOA0049 0913 PROJECT NO. RFQ 11112 -02 SECTION 00645 CONTRACTOR'S RELEASE OF LIEN (FINAL AND COMPLETE) Before me, the undersigned authority in said County and State, appeared Cindy D Adamson who, being first duly sworn, deposes and says that he is Vice President of Killebrew Inc. , a company and /or corporation authorized to do business under the laws of the State of - Florida , and is the CONTRACTOR on the Project known as 1 Water Quality Improvement Projects, RFQ 11/12 -02, located in Seminole County, State of Florida, under an Agreement with the OWNER, 2) City of Sanford, Florida, the date of said Agreement which is 9/30/13 4) Project Name: Water Main Looping Projects -- Phase 1 Project No. DW1104 PO# 033282 2/ Owner: City of Sanford Let it be known that the said deponent is duly authorized to make this affidavit by resolution of the Board of Directors of said company and /or corporation; that deponent knows of his own knowledge that said contract has been complied with in every particular by said contractor and that all parts of the work have been approved by the Owner's Engineers; that there are no bills remaining unpaid for labor, material, or otherwise, in connection with said contract and work, and that there are no suits pending against the undersigned as contractor or anyone in connection with the work done and materials furnished or otherwise under said contract. Deponent further says that the final estimate which has been submitted to the Owner simultaneously with the making of this affidavit constitutes all claims and demands against the Owner on account of said contract or otherwise, and the acceptance of the sum specified in said final estimate will operate as a full and final release and discharge of the Owner from any further claims, demands or compensation by contractor under the above contract. Deponent further agrees that all guarantees under this contract shall and be in full force from the date of this release as spelled out in the Contract Documents. IN WITNESS WHEREOF, 1 /we have executed this instrument under seal this 16th day of April / 2014 Authorized Representative (Signature) Cindy D Adamson (SEAL) Printed Name and Title STATE OF Florida COUNTY OF Polk The foregoing instrument was acknowledged before me this 16th day of April 2014 by Cindy D Adamson Of Killebrew, Inc. (corporation), on behalf of the corporation, who is ersonally known o m or has produced (Type of Identification ) as I entification and who did (did not) take an oath. 00645 -1 PROJECT NO. RFQ 11112 -02 Sworn to and subscribed to before me this 16th day of April 2014 (Signature) Denise Henderson (Print name) Notary Public in and for the County and State Aforementioned My Commission Expires: 12/25117 [(407) DENISE HENDERSON My COMMISSION #FF078917 END OF SECTION orEXPIRES December 25, 2017 398'0153 FloridallotaryService.com 00645 -2