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Home My WebLink AboutFleming Street Overlay PavementCERTIFICATE OF PROJECT COMPLETION Date Accepted: 8/31/15 Project Name & #: FLEMING STREET PAVING A 1534 Total Project Expenditures: $322,396.30 Project Location: FLEMING STREET (512 TO MAIN) Contractor: TIMOTHY ROSE CONTRACTING Contract Amount: $322,023.00 Pursuant to the above captioned contract and in compliance of same, we the undersigned do hereby certify that this project is complete. Issuance of this certificate releases the contractor from any further responsibility except as stipulated in the contract as is relates to bond performance, payment of subcontractors, release or liens, maintenance and indemnity. All contractual obligations as to warranty, insurance, indemnification and patents, shall remain in full effect for the contractually stipulated period of time. In no way does the issuing of this certificate release the Contractor from all legal obligations as stipulated in Chapter 713 of the Florida Statutes. Therefore, having reviewed the contract and inspected the work, the undersigned to hereby accept the segment as being com tete. Project Manager Date A)/,4 Date Building ffic'al Ad ti is ative vices it or TI Date Fle Public Works Director Date City Manager Date 10-.5- 1.5 CityAtt Date T e, /O/s / J City Clerk Date QTY OF HOME OF PELICAN ISLAND 1225 Main Street Sebastian, FL 32958 (772) 388-8214 Phone June 30, 2016 Timothy Rose Contracting, Inc. 1360 SW Old Dixie Hwy Vero Beach, FL 32962 RE: Release of Payment & Performance Bond for Fleming Street Reconstruction and Paving Project in the amount of $322,023.00 — Bond # 6086206 To Whom It May Concern: I am releasing bond #6086206. The Payment & Performance Bonds were issued by Westfield Insurance Company in the amount of $322,023.00 to the City of Sebastian for the project "Fleming Street Reconstruction and Paving", within the City of Sebastian, dated April 6, 2015. Sincerely, nette Williams, MMC City Clerk Attachment: Original Bond #6086206 Copy of Contractor Certificate of Project Completion cc: City Manager City Attorney Procurement Director Public Works Director 3120150024746 RECORD—.D IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 2841 PG: 916 Page 1 of 4 4/23/2015 2:38 PM PAYMENT AND PERFORMANCE BOND Bond Number: 6086206 (This form provided by Owner as an example of the form of bond; the actual bond form must conform to the standards required by Florida Statues) KNOWN ALL PERSONS BY THESE PRESENTS: that TIMOTHY ROSE CONTRACTING, INC. (Name of Contractor) 1360 Old Dixie Highway, Suite 106, Vero Beach, FL 32962 (Address of Contractor) a Corporation , hereinafter called Principal and (Corporation, Partnership or Individual) WESTFIELD INSURANCE COMPANY (Name of Surety) One Park Circle, P.O. Box 5001, Westfield Center, OH 44251-5001 (Address of Surety) hereinafter called Surety, are held and firmly bound unto THE CITY OF SEBASTIAN ("Owner"), whose address shall be known as 1225 Main Street, Sebastian, FL 32958 in the total aggregate penal sum of 100% of the contract amount equivalent to Three hundred twenty-two thousand twenty-three dollars and xx/00------------------------------ Dollars (written amount of contract) ($ 322,023.00 ) (numerical amount) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with the Owner, dated the 6th day of April , 2015, a copy of which is hereto attached and made a part hereof, for Fleming Street Reconstruction and Paving NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contracts during the original term thereof, and any extension thereof which may be granted by the Owner, with or without notice to the SURETY and during the one year guaranty period and if the PRINCIPAL shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and Bond Number: 6086206 shall reimburse and repay the Owner for all costs which it may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said SURETY, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be deemed amended, automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the contract as so amended, the term "Amendment",. wherever used in this BOND, and whether referring to this BOND, or the Contract shall include any alteration, addition, extension, or modification of any character whatsoever. PROVIDED, FURTHER, that no final settlement between the Owner and the PRINCIPAL shall abridge the right of the other beneficiary hereunder, whose claim may be unsatisfied. The Owner is the only beneficiary hereunder. IN WITNESS WHEREOF, this instrument is executed in counterparts, each of which shall be deemed an original, this the 6th day of April , 2015. `TTEST: ilk j;. (P�cipal� ecrtary Ir r 77 r� ttness as to ri cipal) ' j 1 {.�. TIMOTHY ROSE CONTRACTING, INC. (Prin By: Signature Printed Name & Title mmnl� &GL x1c, "Ag4j 1360 Old Dixie Highway SW, Suite 106 Address Vero Beach, FL 32958 PROVIDED, FURTHER, that no final settlement between the Owner and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. WITNESS WHEREOF, this instrument is executed in three Bond Number 6086206 counterparts, each of which shall be deemed an original, this the 6th day of April , 2015. ATTEST: 4..., / � (Principal Secretary) 0T(SEAL) (Witns as to Principal) `f � '��~�` -.� i �'•�r` tai'. ham, C, . UmCL . ("'ddless) 3Zr1(o� A w t f (Witnes to Surety) One Park Circle, P.O. Box 5001 (Address) Westfield Center, OH 4425 1-500 1 TIMOTHY ROSE CONTRACTING, INC. (Principal) By; 00�/ (Signature) (PrintedVame and'Title) 1360 Old Dixie H%vy SW, Suite 106 (Address) t, Vero Beach, FL 32958 sV WESTFIELD INSURANCE COIP�' ••. (Surety Typed or Printed) v i . `n.. L < ` L •t w r ss e jo `V r..v✓i .Y 1�' ��: �1 09 iru '� (Attorney -in Fact Sig ature) �w ,,r... Cabot W. LordY (Printed Name and Title) q� One Park Circle, P.O. Box 5001, Westfield Center, OH 442 001` (Address)' Note: Date of Bond must not be prior to date of the Agreement. If Contractor is a partnership, all partners should execute the 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. General POWER NO. 0990102 00 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 CABOT W. LORD, JOSEPH E. COONS, JOINTLY OR SEVERALLY of PALM CITY 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 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 Attorneys) -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted b the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMER 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 b the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designatedpersonand 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 vafd and binding upon the ompany 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 National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 21st day of MARCH A.D., 2014 . Corporate o`�sYR�tgt� °�P� :nN� �tisG.,- ��*•''�� 111s„h•`'�'4a, WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY Affixed •+er '•,'A •;s OHIO FARMERS INSURANCE COMPANY S ' ►”- . SEAL ' z 6110 ro , m ��• �.. � ��, , �; fees '� '•••. •. •.••• ,,�� ' •...• ,aj � ? State of Ohio rrrr�•r Dennis P. Baus, National Surety Leader and County of Medina ss.: Senior Executive On this 21st day of MARCH A.D., 2014 , 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 µ1A L Affixed ,gyp, 2r�` • David A. Kotnik, Attorney at Law, Notary Public State of Ohio My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.: y •tom p P o r 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. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 6th day of April • "" � 2015 ,,,,,.,,rrrr.,,r,,, •,,,,,•arN.p,, ��1sY,aC' ,�•,,�P•c�nN itis ,'• ,�"r ......� �4''''. i : NSEAL Secretary i a �� '•.,•. ••,•:o`';` �848 �= /Of Frank A. Carrino, Secretary BPOAC2 (combined) (06-02)