1590* Ed Waters & Sons Substantial CompletionTO: City Clerk/ Deputy City Manager
RE: Ed Waters & Sons Contracting Section 00626- Substantial Completion, 00627 -Final
Completion, 00615 -Material & Workmanship Bond, 00617 -Consent of Surety to Final
Payment (executed).
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑ Development Order
❑ Final Plat (original mylars)
❑ Letter of Credit
❑ Maintenance Bond
❑ Ordinance
❑ Performance Bond
❑ Resolution
El
❑
Mayor's signature
Rendering (.
/ ®
Safe keeping (Vault)
De ,;ty-Manager
❑
Payment Bond
❑
City Manager Signature
❑
City Clerk Attest/Signature
❑
City Attorney/Signature
Once completed, please:
❑ Return originals to Purchasing- Department Marisol
❑ Return copies
El
Special Instructions:
Ma4-404, ordo-v�z
From
T:\Dept_forms\City Clerk Transmittal Memo - 2009.doc
Date
US 17-92 RiverWalk Phase II
SECTION 00626
CERTIFICATE OF SUBSTANTIAL COMPLETION
Project Title US 17-92 RiverWalk Phase II
Bid No. City of Sanford Bid No. IFB 12/13-15
Owner: City of Sanford
Contractor: Ed Waters & Sons Contracting Co.
Agreement Date: June 10`h, 2013 (Notice to Proceed August 1St, 2013)
This Certific, -` c- ihstantial Completion applies to all work under the Contract Documents or
the followinc ` ` ^^nstruction is phased by contract: US 17-92 RiverWalk
Phase II
ISSUEDTf
ns Contracting Co.
The work to which this Cert1T1Gd« .,plies has been inspected by authorized representatives of
Contractor, Engineer, and Owner and that Work is hereby declared to be substantially
completed in accordance with the Contract Documents on:
January 20th, 2015
Date of Substantial Completion**
A list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of Contractor to complete
and warrant all the Work in accordance with the Contact Documents. All items on the list shall
be completed or corrected by Contractor within 30 days of the above date of Substantial
Completion.
** Date of Substantial Completion provided has been determined/agreed to be the date of
constructed improvements being opened to unrestricted public usage.
FPIN: 430913-1-58/68-01 CERTIFICATE OF SUBSTANTIAL COMPLETION
City of Sanford Bid No. IFB 12/13-15 00626-1 02-14-2013
SPECLIB010704
US 17-92 RiverWalk Phase II
This Certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of Contractor's obligations to complete the Work in accordance
with the Contract Documents.
Executed by Engineer on
Date
By:
Engineer: CPH Engineers, Inc.
(Signature) //��� 6
- 0,10
(Printed Name and Title
Executed by Owner on 9-4 -20tS
Date
Owner: Citv of Sanford
By:
i. � )
n )
(Printed Name and Title)
Contractor accepts this Certificate of Substantial Completion on 4 ��
Date
FPIN: 430913-1-58/68-01
City of Sanford Bid No. IFB 12/13-15
SPECLIB010704
Co ac r �i� h�ATkTLs r S�sS
By:
na re)
(Printed Name and Title)
END OF SECTION
00626-2
CERTIFICATE OF SUBSTANTIAL COMPLETION
02-14-2013
US 17-92 RiverWalk Phase II
Project Title:
Bid No.:
Owner:
Contractor:
Agreement Date
SECTION 00627
CERTIFICATE OF FINAL COMPLETION
US 17-92 Riverwalk Phase II
of Sanford Bid No. IFB 12/13-15
City of Sanford
Ed Waters & Sons Contracting Co.
June 10th, 2013 (N.T.P. 8/1/13)
This Certificate of Final Completion applies to all work under the Contract Documents or the
following specified parts thereof if construction is phased by contract: US 17-92 RiverWalk
Phase 11.
ISSUED TO:
Contractor:
Ed Waters & Sons Contracting Co.
The work to which this Certificate applies has been inspected by authorized representatives of
Contractor, Engineer, and Owner and that Work is hereby declared to be finally complete in
accordance with the Contract Documents on:
February 20th, 2015
Date of Final Completion
This Certificate constitutes an acceptance of Work except any and all latent defects, warranty
work, maintenance, and other post Final Completion obligations of the Contractor under the
Contract Documents.
Executed by Engineer on
Engineer
0
FPIN: 430913-1-58/68-01
City of Sanford Bid No. IFB 12/13-15
SPECLIB010704
1 4-i
Date
CPH, Inc.
(Signature)
Matthew C. Cushman P.E.
(Printed Name and Title)
CERTIFICATE OF FINAL COMPLETION
00627-1 05/04/2015
US 17-92 RiverWalk Phase II
Contractor accepts this Certificate of Final Completion on S ►� ��
Date
Contractor:
By:
'gnat e)
(Printed Name and Title)
Accepted by Owner on
Date
FPIN: 430913-1-58/68-01
City of Sanford Bid No. IFB 12/13-15
SPECLIB010704
Owner: Citv of Sanford
By: / /
(Sign re) ,^
(Printed Name and Title)
END OF SECTION
CERTIFICATE OF FINAL COMPLETION
00627-2 05/04/2015
US 17-92 Riverwalk Phase 11
SECTION 00615 Bond No. 7653706
MATERIAL AND WORKMANSHIP BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE Ed Waters & Son Contracting Co. , hereinafter referred to as "Contractor" and
Westield Insurance Company ', hereinafter referred to as "Surety" are held and firmly
bound unto The 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 $$5,457,634 therefore Contractor and Surety are held and firmly bound
'd for
unto OWNER the sum Of =�==TaffyQnP.C,nt, Dollars ($545,763.41
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
Pedestrian Bridge and other appurtenances in that certain Project known as
US 17-92 Riverwalk Phase 11 —, and
Bulkhead,
WHEREAS, the aforesaid improvements were made pursuant to an Agreement dated
10th day of June 2013 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 'US 17-92 Riverwalk Phase 11.
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
FPIN: 430913-1-58168-01 MATERIAL AND WORKMANSHIP BOND
City of Sanford Bid No. IFB 12/13-15 00615-1 02-14-2013
SPECLIB091509
US 17-92 Riverwalk Phase II
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 7th day of May
, 2015
ATTEST:
U
Secretary (Co ractor)
Ashley Whitman
Typed Name
(CORPORATE SEAL)
�� 6t�
(Witness to Contractor)
Kate Woolwine
Typed Name
AT T:
(S ) Secre ary
Shauna Canty
-vned Name
as to Surety
F P I N: 430913-1-58/68-01
City of Sanford Bid No. IFB 12113-15
SPECLIB091509
CONTRACTOR Signatory Authority
Ed Waters ons Contracting Co.
Con t r ignatory Authority
B (S n ure)
Eric Pendergast President
Typed Name and Title
3375 Agricultural Center Dr
Address
St. Augustine, FL 32092
City, State, Zip
(904) 823-8817 (904) 823-9687
Telephone No. Facsimile\jWs►'",A+rv,
<
SE Acn. `
Westfield Insurance Company'�f,,e
Surety
330-887-0101 330-887-0840
Telephone No. Facsimile No.
By. -
o
MATERIAL AND WORKMANSHIP BOND
00615-2 02-14-2013
US 17-92 Riverwalk Phase 11
Joanie Newton
Typed Name
! L� �> (�: a A,
WiKe'ss as to Surety
Ryan B. Gilway
Typed Name
10739 Deerwood Park Blvd. STE200
Address
Kyle Whitman Jacksonville, FL, 32256
Typed Name City, State, Zip
904-446-3152 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 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
FPIN: 430913-1-58168-01 MATERIAL AND WORKMANSHIP BOND
City of Sanford Bid No. IFB 12113-15 00616-3 02-14-2013
SPECLIB091509
THIS,POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
POWER # AND ISSUED PRIOR TO 04/02/15, FOR ANY PERSON OR PERSONS NAMED BELOW.
POWER NO. 0994372 02
General
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
CERTIFIED COPY Ohio Farmers Insurance Co.
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 its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
BRADFORD W. BUSH, KYLE C. WHITMAN, CLARENCE F. GREENE, III, RYAN B. GILWAY, JOINTLY OR SEVERALLY
of JACKSONVILLE and State of FL its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name,
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
i5UA1UUFM, 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 Attorney(s)-in-Fact may do in
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 Secretary 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 Attorneys) -in -Fact to represent and act for
and on behalf of the Company subject 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, acknowledge 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 Corporate 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 undertaking to which it is attached' (Each adopted at a meeting
held on February 8, 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
NYI ve caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto
�., t(" �fdJay of APRIL A.D., 2015 .
HHH ,N„ ,NN,,,,,,., ..,..,
\tVporate , "� nNq •"'"" WESTFIELD INSURANCE COMPANY
SAffk C .``, °•• �lySG WESTFIELD NATIONAL INSURANCE COMPANY
~�'°" r'o :'� y'? _ '�D� OHIO FARMERS INSURANCE COMPANY
!� 1r r
SEAL =
".' ` '`�1848
'%,,State°of Ohio' ,,, '°���' °" "i""" Dennis P. Baus, National Surety Leader and
bgnty of Mediu ss.: Senior Executive
!!!!01111 IIIINIII
On this 02nd day of APRIL A.D., 2015 , before me personally came Dennis P. Baus 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 Boards of Directors of said Companies; and that he signed his name thereto by like order.
Notarial
Seal ,.� A, L,
A
Affixed ji% `rF
1117 awld4t;#
tr. dp• David A. Kotnik, Attorney at Law, Notary Public
State of Ohio - 0% � o My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
County of Medina ss.: +
OF
I, Frank A. Carrino, Secretary of 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 copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect.
I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 7th day of
15 .
NAL
`w✓,°' f• •a .•'°aP..........!lintwst ; gra h•
SEAL = _';
U9 a �Ni •m= 'mi t
,t1 •.,� rs. ;'o .1848
';� a ar .,,' � .........••' 'baa '•.. .•'� Y
a
!/fl�r��� a ° r a `.yV\ ''�I.N *IN,,•••''\ ''�ryniI.IN1N•"`'
SPdA'/121 f&h1&ned) (06-02)
1 Saceatary
Frank A. Carrino, Secretary
US 17-92 Riverwalk Phase 11
SECTION 00617
CONSENT OF SURETY TO FINAL PAYMENT
WE, the Westfield Insurance Company , having heretofore
executed Performance and Payment Bonds for the Project known as US 17-92 Riverwalk
Phase 11, in the amount of $ $4,923,471.00 * 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,
^
= Dollar Value of Issued Performance and Payment Bonds
)NWITNESS WHEREOF, the Westfield Insurance Company
caused this instrument to be executed on its behalf by its Aftorney-in-F—acT—
and its duly authorized attorney in fact, and its corporate seal to �e
hereunto affixed, all on this 7th day of May 2015
Westfield Insurance Company L4�
Surety rne it –R n B. Gilwa
LL
(Power of Attorney must be attached if executed by Atlorn n Fact)
SE I
STATE OF Florida
COUNTY OF Duval 111WOV
The foregoing instrument was acknowledged before mnmthis 7th day of May
Westfield Insurance Comgany (corporation), on behalf of the corporation, who is
personally known lorneorhas produced State Issued Drivers License (Type
ofIdentification) moidentification and who did (did not) take anoath.
Sworn to and . 2015
/F'hnt name) Notary Public in and for the County and State Aforementioned
Newton
7Notary
Ky Commission Expires: NState of \
Public
da
END OF SECTION commission No. FF 77749
FPIN:43O9134-58/68-0Y CONSENT QFSURETY
City nfSanford Bid No. |F812M345 00617-1 02-14-2013
THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
POWER # AND ISSUED PRIOR TO 04/02115, FOR ANY PERSON OR PERSONS NAMED BELOW.
POWER NO. 0994372 02
General
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
CERTIFIED COPY Ohio Farmers Insurance Co.
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 its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
BRADFORD W. BUSH, KYLE C. WHITMAN, CLARENCE F. GREENE, III, RYAN B. GILWAY, JOINTLY OR SEVERALLY
of JACKSONVILLE and State of FL its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name,
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
GUAT091M, 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 Attorney(s)-in-Fact may do in
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 Secretary 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 Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject 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, acknowledge 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 Corporate 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 undertaking to which it is attached' (Each adopted at a meeting
heI \qR Fefy 9, 2000).
` /•i hgfeof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
061ssed these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto
this Wr <fta", f APRIL A.D., 2015 .
'°����""""N�""� WESTFIELD INSURANCE COMPANY
Corperate v�,( "w a` \\ONAk '
<1 �'�•�'? ''SG : #� � WESTFIELD NATIONAL INSURANCE COMPANY
ff c'c� ; or 9`= ' LL
OHIO FARMERS INSURANCE COMPANY
cPl" eR LL 'z= u"':� 44 3
yyi.�_ y SEAL
�n�AMr�
fi5tai�rF3f+milf�tt� 4 �� 'hn*,",1„p`�'• y.ipiwNP'•4` �y.
•+
Dennis P. Baus, National Surety Leader and
County of Medina ss.: Senior Executive
On this 02nd day of APRIL A.D., 2015 , before me personally came Dennis P. Baus 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 Boards of Directors of said Companies; and that he signed his name thereto by like order.
Notarial +w»„
Seal++A S�
a \ L
Affixed �P ........ t
David A. Kotnik, Attorney at Law, Notary Public
State of Ohio +I+� o My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
County of Medina ss.:"'."i of
I, Frank A. Carrino, Secretary of 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 copy of a Power of Attorney, executed by said
i full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are
lave hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 7th day of
i.
• .\\ONAC � �N
•.G • '•.
=,N SEAL
?.41 iB419
BPOAC2 (combined) (06-02)
1 Sacrdary
Frank A. Carrino, Secretary