1365 Swell Construction Co., Inc._ .1144 d - ,ter , ,r4dalw ► � -
--187
PURCHASING DEPARTMENT
TRANSMITTAL MEMORANDUM
TO: City Clerk
RE: If�(; Cf bQ J .S � C C
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
■
■
■
r
qM
Mayor's signature
Recording
Rendering
Safe keeping (Vault)
Once completed, please:
❑ Return original
❑ Return copy
Special Instructions:
Safe Keeping
Payment Bond
City Manager Signature
City Clerk Signature
Please advise if you have any questions regarding the above.
Thank you!
C 6 �&W
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From U Date
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TADept_ forms \City Clerk Transmittal Memo - 2009.doc
SECTION 00615
Bond No. 0079331
MATERIAL AND WORKMANSHIP BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE Swell Construction Company, Inc. hereinafter referred to as "Contractor' and
Westfield Insurance Company , hereinafter referred to as "Surety" are held and firmly
bound unto i o Sanford, Florida , 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 $1,112,804.40 , therefore Contractor and Surety are held
and firmly bound unto OWNER the Sum of one Hundred Twelve T housand, Two ** Dollars ($ 112 ,280. 44
for the payment of which we bind ourselves, heirs, executors, successors and assigns,
jointly and severally, firmly by these presents. * *Hundred Eighty and 44/100
WHEREAS, Contractor has constructed certain improvements, including
And other appurtenances in that certain Project known as St. John's Parkway
Meisch Rd to Airport Blvd. and
WHEREAS, the aforesaid Improvements were made pursuaht to an Agreement dated —
February , 2010 and filed wi#h \�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 November , 2010
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 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
00615 -1
9PeCUBOB1609
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 2nd day of December
2010
CONTRACTOR Signatory Authority
ATTEST: Contractor Signatory Authority
Secre ry (Contractor) By (Signature)
� �- \ Std \l 1 '• . �. � :��� c?ta
Typed Name
�— Typed Name and Title
(CORPORATE SEAL)
PO box 621419
Address
r
to Contractor)
Typed Name
ATTEST:
Power of Attorney is Attached
(Surety) Secretary
Oviedo, FL 32762 -1419
City, State, Zip
407 - 971 -0434 407 - 971 -0433
Telephone No. Facsimile No.
Westfield Insurance Company
Surety
• - •
813 -464 -2020 813 -464 -2022
Telephone No. Facsimile No.
Y
Attorney/in Nancy L einberg
006'15 -2
oftGUMMIM
Janet T. Fit
Typed - Name
11
Witness as to Surety
TleanQ
Typed Name
Nancy L. Sheinberg
Typed Name
PO Box 6090
Address
Clearwater, FL 33758 -6090
City, State, zip
727 -44 -6481 727-449-1267
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 �y OWNER.
ATTACH a certified Power -of- Attomey appointing indlviduati Attorney -in -Fact for , execution of
Performance Bond on behalf of Surety.
END OF SECTION
00615 -3
SMCUB091609
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 St. ohn's Parkway Meisch
Road to Airport Blvd. - the amount of $1,112,804.40
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 lasued Perfamranm and Payment Sends
IN WITNESS WHEREOF, the Westfield Insurance Company has
caused this instrument to be executed on its behalf by its Atko ney -in- aacct`
and its duly authorized attorney in fact, and its corporate seal to be
hereunto affixed, all on this 2nd day of � Decembe \ 1 l- _V 2010
Westfield Insurance Company I / �, P'V`C' Z YIL 4,
Surety Attomey - -Fact
(Power of Attorney must be attached if executed by Attorney in Fact)
STATE OF Florida
COUNTY OF Pinellas
The foregoing instrument was acknowledged before me this 2nd day of December
2010 by Nancy L. Sheinberg of _
Bouchard Insurance rporation), on behalf of the corporation, who is
personally known to me or has produce (Type
of 'Identification) as identificin and
)Mho did (did not) take an oath.
Swom to and subsr t6 J296* e this 2nd day of December —t 2010
LORI 0 NEINEMANN
COMMISSION # 191a1=
(Print
and State Aforementioned
- w - RU rreuauur: coa mi
My Commrs NU11 "
END OF SECTION
00617 -1
SPFCUMO2706
THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
POWER # AND ISSUED PRIOR TO 08/12/08, FOR ANY PERSON OR PERSONS NAMED BELOW.
POWER NO. 0992002 01
General
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
Ohio Farmers Insurance Co.
CERTIFIED COPY 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
RICHARD E. BOUCHARD, J. RAYMOND BOUCHARD, GARY S. CARUOLO, WANDA MCKAY, DELORES B. MOORE, MARK D.
PICHOWSKI, TIMOTHY A. BOUCHARD, MICHAEL D. HAMBY, NANCY L. SHEINBERG, JOINTLY OR SEVERALLY
of CLEARWATER and State of FL its true and lawful Attorney(s;I -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
GUARANTEE, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said 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
held on February 8, 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 12th day of
AUGUST A.D., 2008 .
Corporate
Seals / �SYR +.
** 't•.CFk.
Affixed r o. .aw }
N 5LA.1.,�� �
X1 v
State of Ohio
County of Medina ss.:
SEAL
............. WESTFIELD INSURANCE COMPANY
.NStI!>L,G,'•" WESTFIELD NATIONAL INSURANCE COMPANY
f;Ly►�lTEi4�: � OHIO FARMERS INSURANCE COMPANY
;
S ea.
•, :per:
O 1848
By:
Richard L. Kinnaird, Jr., Senior Executive
On this 12th day of AUGUST A.D., 2008 , before me personally came Richard L. Kinnaird Jr. to me known, who, being by me duly
sworn, did depose and say, that he resides in Medina, Ohio; that he is 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
a ,,, .•••••••w.,,,
Seal a\ A L S •,
Affixed
Or .. �j%t
William J. Kahelin, A rney at Law, Notary Public
State of Ohio - N o My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
County of Medina ss.: : q
T EOF�,
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 torce and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of
NC.PM6_eA A D :' oZd JV ..
C?NA( , /,v
SEAL
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'tNI►RTEIPfp :S :� /�
TV - Secretary
1848 Frank A. Carrino, ecret
BPOAC2 (combined) (06 -02)
SECTION 00627
CERTIFICATE OF FINAL COMPLETION
Project Title St. John's Parkway Construction (Meisch Rd. to Airport Blvd.)
Bid No. IFB 09/10 -01
Owner: City of Sanford
Contractor: Swell Construction Co.. Inc.
Agreement Date: March 8, 2010
This Certificate of Final Completion applies to all work under the Contract Documents.
ISSUED TO:
Contractor:
Swell Construction Co., Inc.
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:
November 16, 2010
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 I o
Date
Engineer : CPH Engin Inc.
(Signature)
(Printed Name and Title)
J�
00627 -1
SPECLIB010704
Contractor accepts this Certificate of Final Completion on I — , - 30 ; 7 2-c- , vn
Date
Contractor: \ y t`uc •vn Go Sv r—
By: �r
(Signature)
(Printed Name and Title)
Accepted by Owner on 12 • a. to
Date
Owner: C ,iTc, of SAai o ✓z�
By:
(Signature)
(Printed Name and Title)
END OF SECTION
00627 -2
SPECLIB610704