Loading...
1673 Henkels & McCoy� 1877- TRArqsmITTAL MEMORANDUM "TO: Bill Smith, Purchasing FROM: Migdalia Hernandez RE: Final Pay Request for Pipe Rehab — P15 The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Development Order '' er . natur�e,�, � a / F-1 Final Plat (original mylars) e ii "7 �! ❑ Letter of Credit ® Maintenance Bond f Safe keeping (Vault) ❑ Ordinance r❑ City Manager signature ® Performance Bond ❑ Resolution ® Final Lien Releases Once completed, please: ® Return original ® Return copy Special Instructions: Bill /Marisol Attached the following documentations for signature and proper recording: 1. Original Final Lien Releases 2. Original Consent of Surety to Final Payment 3. Original Material and Workmanship Bond Please advise if you have any questions regarding the above final pay request documentation. Thank you! „u 1.0 U.J 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 Proiects. 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 12/20/13 Sanford P -15 PO# 033677 �1 Project Name: W�Y��IIWN�fhll[ ll��fllfllfAtldk�llllllt4. Nt# ll# IIFANdibYl�ptdllNtYhVQt4l1 (A�IDfplt�BIlllllllll 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, I /we have executed this instrument under seal this 8th day of July 2014 "4 -- _ Authorized kepresentative (Signature) Cindy D Adamson Printed Name and Title STATE OF Florida COUNTY OF Polk (SEAL) The foregoing instrument was acknowledged before me this 8th day of July 2014 by Cindy D Adamson of Killebrew, Inc. (corporation), on behalf of the corporation, who is personall wn to m or has produced (Type o dentification) as identification and who did did not) gake an oath. 00645 -1 PROJECT NO. RFQ 11/12-02 Sworn to and sub 'bed to before me this. 8th day of MY 2014 Denise Henderson (Print name) Notary Public in and for the County and State Aforementioned My Commission Expires: DENISE HENDERSON END QFSECTION EXPIRES December 25,2017 (407) 398-0153 tFloridaNNottalirys-e-rv�ic�e�.c�o,,m, "II ok, , l G WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT =The- under- signed- fiener, itreensideretien- of -t 1-payment- 94he-arneante _ . Hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished on the job for Killebrew, Inc On the job for City of Sanford for the following described property: SFFL1402 Area P -15 DATED: `° Tt 7 Lienor: State of f (�_ Address: County of: ran By: Print Name: Date: EA Tapping Services LLC ;'or- C.corn( -ce, lv t l6 The foregoing instrument was acknowledged before me this %'f%4-4l day of -J6JA)6- 2p14 I8R)4'6l, by y3 C_ r. gAa,&rzAt,) who is personally known to me. Signature of Notary: Commission Expiration: NUVLM1ZX 1l-f, L12 Note: This is a statutory form prescribed by Section 713.20, Florida Statutes (1996). Effective October 1, 9996, a person may not require A fienor to furnish a waiver or release of lien that is different from the Statutory form. 29 WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT T-he-undersignedAiene"r+eensideratienref the-finaPpaymefit-ir,4he erfleLint,of * 1,370.60 Hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished on the job for Kllebrew, Inc On the job for City of Sanford for the following described property: SFFL1402 Area P-15 DATED: JAM— JCJ, 7-O)Lf Lienor; HDD of America, Inc. State of: P6r, oba., Address: 159-75 W101AIle-tW1-h County of.- &ej�,-s a—k-c� i 'Roe (M 55762. By. CAROLYN SUE SPITTLE MY COMMISSION # EE 867750 Print Name: EXPIRES: February 20, 2017 Banded ft Budget Notary services Date: 1Lqj1q The foregoing instrument was acknowledged before me this day of JUW_ e�Jj A451, by --Zs personally known to me. Signature of Notary: CAROLYN SUE SPITTLE My COMMISSION # EE 867750 Commission Expiration: EXPIRES: February 20, 2017 F Ft 8V4W Th &u* NoWy Services Note: This is a statutory form prescribed by Section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require A lienor to furnish a waiver or release of lien that is different from the Statutory form. iml 2 5 201/1- WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT he- afldersigfled-liene ent -i a -arnea Hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished on the job for Killebrew, Inc On the job for City of Sanford for the following described property: SFFL1402 Area P -15 DATED: !'1 Iq Lienor: State of ( 0 0, t CO-, Address: County of: .Szo I I'LoLQ ,- By: Print Name: Date: A Phu¢ Sock Installation 321 c1canap,- The foregoing instru nt-w acknowledged before me this �_ day of 10401, by who is personally known to me. Signature of Notary: Commission Expiration: Note: This is a statutory form prescribed by Section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require A Lienor to furnish a waiver or release of lien that is different from the Statutory form. IGA CgSq:. tssl °" ' oo�M •. _- her� ofo�9.: O+: kEE214707 ° ded 00 STATE S �ll5•�pj'� , 2-10-1 WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT ' Flae- aAdersig�ed-1 ieflo�in- eeASideraf38n :ef�he�trral= paymefl#�ir�ri#�e� =aria ...... .... .. ....... . Hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished on the job for { /� Rebrevr, Inc On the job for ily of Sanford for the following described property: SFFL1402 Area P -15 DATED: State of County of Lienor: Address: Sy: Print Name: Date: The foregoing instrument was acknowledged before me this day of 7,- �I by 177 113 'S,,,,, , who is personally known to me. Signature of Notary: Commission Expiration: Note: This is a statutory form prescribed by Section 713.20, Florida Statutes (7996). Effective October 1, 1996, a person may not require A lienor to furnish a waiver or release of lien that is different from the Statutory form. 11�\\tk 11 #ih)JI /I l g�N •�GQGemberg 'fog . � Z i #FF 075296 J �i�� !�f •.•gib! �U k•.•�4��� Q BOND NO.: 54- 192177 Owner: City of Sanford Project Name: Water Quality Improvement Project 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. No. 033677, Sanford P -15 Only in the sum of One Hundred Ninety Four Thousand Two Hundred Forty Six and 20/100 Dollars ($ 194,246,20 ), 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 Killebrew, Inc. 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 27th day of�Au p,st 2014 /4 United Fire &Casualty Company 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 27th day of August 2014 by Gloria A. Richards o'f `. United Fire & Casualty Company (corporation , on behalf of the corporation, who is personally known to me or has produced /A (Type of Identification) as identification and who did (did not) take an oath. Sworn to and subscribed to before me this 27th day of August 2014 (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 00617 -11,xr Notary Public State of Florida Patricia L Slaughter +� My Commission EE 888174 Expires 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, 1A 52401 CERTIFIED COPY OF ATTORNEY (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, ThatUNITED FIRE;& CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa; UNITED FIRE & INI7EMNJTY COMPANY, a corporation duly organized and existing under the laws of the State of Texas; and FINANyyCIAL PACIFIC INSURANCE ! COMPANY, a corporati�on duly organized and existing under the laws of the State of Capplifornia rnLESLIEcollective M bONAHUE tOR KIMaEeNIV ORa.iEFEREl!o REICH dOR SUSAN L REIpCHs� DReTf IQw -Le DURHAMon ORuPATRICIAint L SLAUGHTER, OR GLORIA 'A RICHARD$; OR ORDON 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 limby given and hereby ratified and confirmed. The Authority,hereby granted is continuous and shall remain in full force acid effect until revoked by UNITEi7 FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, AND FINANCIAL PACIFIC INSURANCE COMPANY. This Power of Attorney is made an& 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 Attomey -in -Fact. "The President or any Vice President, or any other officer of the Companies array, 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. "'„s °j "I?., IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its `0 (GN .6IN.... vice resident and its corporate seal to be hereto affixed this 11 t h day of October 2013 COHPfIRATE.�y k Cps 4p,C,OPPOggr. , president Y > _ coaPOxnrE b q •� G,C, -S UNITED FIRE & CASUALTY COMPANY aULY 22• : O aq -o: :g= SEAL r r; ?; 19aB ;,�; UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY �ryR'Ang o `��� �4',irt�srbN rS��C •,, FOF: � `". "�4rpuu" " mm�munao By: State of Iowa, County of Linn, ss: r 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 >authonty, and acknowledges same to be the act and deed of said corporations. 041 audith k Davis _4 � Iowa Notariat Seal � Notary Public •: Commission number 1:73041 ' My commission expires: 4I23J20I5 w My Commission Expires 4/23/2015 Bond No. 54- 201992 PROJECT NAME: Water Quality Improvement Project Effective Dates: 6123114 — 6/23116 P.O. # 033677 Executed in 1 Counterpart SECTION 00615 MATERIAL AND WORKMANSHIP BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, Killebrew, Inc., hereinafter referred to as "Principal' and United Fire & Casualty Company, hereinafter referred to as "Surety" are held and firmly bound unto the (1) City of Sanford, hereinafter referred to as the OWNER in the sum of ten percent (10 %) of the 110% Contract Price of $194,246.20, as adjusted under the Contract Documents which equals Nineteen Thousand Four Hundred Twenty Four and 62/100 Dollars $19,424.62 is for the payment of which we bind ourselves, heirs, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has constructed certain improvements, including roadways, utilities, curbs, storm drains and other appurtenances in that certain Project described as the (2) Water Quality Improvement Project, (P.O. #033677 — Sanford P -15 Only), and WHEREAS, the aforesaid improvements were made pursuant to an Agreement dated September 18th, 2012 and filed with the Purchasing Office of OWNER; and WHEREAS, the Principal 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, Principal 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. NOW THEREFORE, the conditions of this obligation is such that if Principal 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. 9) Name of Owner- City of Sanford 2) Name of Project identified in Instructions to Bidders - Water Quality Improvement Proiect, (P.O. #033677 — Sanford P -15 Only) The OWNER shall notify the Principal in writing of any Defect for which the Principal is responsible and shall specify in said notice a reasonable period of time within which Principal shall have to correct said Defect. 00615 -1 Bond No. 54- 201992 PROJECT NAME: Water Quality Improvement Project Effective Dates: 6/23/14 — 6/23/16 P.O. # 033677 Executed in 1 Counterpart The Surety unconditionally covenants and agrees that if the Principal 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 Principal and Surety and either, both at law and in equity, including specifically, specific performance to which the Principal and Surety unconditionally agree. The Principal 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 Principal shall fail or refuse to do so, and in the event the OWNER should exercise and give effect to such right, the Principal 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 Principal to correct said defects. IN WITNESS WHEREOF, this instrument is executed this the 27th day of August, 2014. Killebrew Inc. ATTEST: Principal (Contracto L' .' a Secretary (Principal) By (Signature) Jul 0'-A ruti Typed Name (C ?RPORATE-.SEAL) (Witness to Principal) Typed Name 00615 -2 1. Q (,. -Mu,vcu I/ Typed Name and Title Wcs- . 2830 Winter Lake Road Address Lakeland, FL 33803 City, State, Zip (863) 701 -0273 (863) 701 -9204 Telephone No. Facsimile No. Bond No. 54- 201992 Effective Dates: 6/23114 — 6/23/16 Executed in 1 Counterpart ATTEST: (S (rety) Secretary Susan L. Reich Typed Name (CORPORATE SEAL) Witness as to Suret Patricia L. Slaughter Typed Name a a`ll, Witness as to Surety Teresa L. Durham Typed Name PROJECT NAME: Water Quality Improvement Project P.O. # 033677 United Fire & Casualty Company Surety (319) 399 -5700 (319) 399 -5425 Telephone No. Facsimile No. By: (JL)r2t,;.c -1 Attorney- in- Fact/FL Licensed Resident Agent Gloria A. Richards Typed Name 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 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 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 Performance Bond on behalf of Surety. END OF SECTION 00615 -3