HomeMy WebLinkAboutBarber Bridge Deck Overlay & Payvement RecsonstructionCERTIFICATE OF PROJECT COMPLETION
Date Accepted: 2104116
Project Name & #: Street Paving A 1536
Total Project Expenditures: $ 372,744
Project Location: NIA
Contractor: Timothy Rose Contracting
Contract Amount: $ 3 71 ,491
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
complete.
rcject Manager
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CITY OF
SE
MW
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 Barber Street Bridge Deck Overlay
and Pavement Reconstruction Project in the amount of $52,109.10 — Bond #
6086198
To Whom It May Concern:
I am releasing bond #6086198. The Payment & Performance Bonds were issued by Westfield
Insurance Company in the amount of $52,109.10 to the City of Sebastian for the project "Barber
Street Bridge Deck Overlay and Pavement Reconstruction", within the City of Sebastian, dated,
November 20, 2014.
Sincerely,
W
?anette Williams, MMC
City Clerk
Attachment: Original Bond #6086198
Copy of Contractor Certificate of Project Completion
cc: City Manager
City Attorney
Procurement Director
Public Works Director
Westfield Insurance Company
Westfield Group`a1 Park Circle, PO Box 5001, Westfield Center, Ohio 44261-5001
Conforms to Document A392TM - 2090
Performance Bond
CONTRACTOR:
(Name, legal status and address)
Timothy Rose Contracting, Inc.
1360 Old Dixie Hwy, Suite 106
Vero Beach, FL 32962
OWNER:
(Name, legal status and address)
City of Sebastian
1225 Main Street
Sebastian, FL 32958
CONSTRUCTION CONTRACT
Date: November 20, 2014
Amount: $52,109.10
Description:
(Name and location)
Barber Street Bridge Deck Overlay and Pavement Reconstruction
BOND
Date: November 20,2014
(Not earlier than Construction Contract Date)
Amount: $52,109.10
Modifications to this Bond: ® None
CONTRACTOR AS PRINCIPAL
Company: Timothy Rose Contracting, Inc.
(Corporate Seal)
Bond No. 6086198
SURETY:
(Name. legal status and Drincioal place of business)
Westfield Insurance Company
1 Park Circle, PO Box 6001
Westfield Center, OH 44251-5001
3120140068623
RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 2804 PG: 1536 Page 1 of 101121/2014 12:17 PM
® See Section 16
SURETY
Company: Westfield Insurance Company
Signature: Signature:
Name Timothy Rose
and Title: President and Title:
(Any additional signatures appear on the last page of this Performance Bond.)
(FOR INFORMATION ONLY— Name, address and telephone)
AGENT or BROKER:
Stuart Insurance,inc.
3070 SW Mapp Road]
Palm City, FL 34990
(Corporate Sea j
,i,l/flllllllll/,�J,
CU
i
�•••#••••.•
�, � i •-'. •�� ' o%
N Cabot W. Lord
• _ �'
� •: .l O. ,= _.
Attorney -in -Fact
OWNER'S REPRESENTATIVE:
(Architect, Engineer or other party:) �'�''' 1t • 11' "`'�� �'
Pmtilr Wafnni%nn U r:
Printed with permission from the American Institute Of Architects (AIA) and the Surety & Fidelity Association of America (SFAA). by Westfield GroupO. Westfield Group vouches that the i
language in the document conforms exactly to the language used In AIA Document A3121" 2010.
BD 5971 (1012010)
Bond No, 6086198
1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and
assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.
2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this
Bond, except when applicable to participate in a conference as provided in Section 3.
3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a
Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner,
Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the
Surety may, within five (5) business days after receipt of the Owners notice, request such a conference. If the
Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any
conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of
the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a
reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right,
if any, subsequently to declare a Contractor Default;
.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction
Contract to the Surety or to a contractor selected to perform the Construction Contract.
4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply
With a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety
demonstrates actual prejudice.
5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one
of the following actions:
5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors;
5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and
completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor
selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety
equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in
Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or
5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable
after the amount is determined, make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in
default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the
Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If
the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole
or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner.
Printed with permission from the American Institute Of Architects (AIA) and the Surety & Fidelity Association of America (SFAA), by Westfield Group& Westfield Group vouches that the 2
language in the document conforms exactly to the language used In AIA Document A312s" 2010.
BD 5971 (1012010)
Bond No. 6086198
7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be
greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall
not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the
Balance of the Contract Price, the Surety is obligated, without duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction
Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from
the actions or failure to act of the Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages
caused by delayed performance or non-performance of the Contractor.
8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond.
9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction
Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No
right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators,
successors and assigns.
10 The Surety hereby waives notice of any change, including changes of time,' to the Construction Contract or to related
subcontracts, purchase orders and other obligations.
11 Any proceeding, legal or equitable, under this Bond maybe instituted in any court of competent jurisdiction in the location in
which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or
within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its
obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the
minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which
their signature appears.
13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed
deleted herefrom and provisions confirming to such statutory or other legal requirement shall be deemed incorporated herein.
When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.
14 Definitions
14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract
after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received
by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and
proper payments made to or on behalf of the Contractor under the Construction Contract.
14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all
Contract Documents and changes made to the agreement and the Contract Documents.
14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply
with a material term of the Construction Contract.
14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the
Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.
14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be
deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
Printed with permission from the American Institute Of Architects (AtA) and the Surety & Fidelity Association of America (SFAA), by Westfield GroupO. Westfield Group vouches that the 3
language in the document conforms exactly to the language used In AIA Document A312"A 2010.
BD 5971 (1012010)
Bond No. 6086198
16 Modifications to this bond are as follows:
NONE
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company: Timothy Rose Contracting, Inc.
(Corporate Seal)
Signature:
Name and Title:
Address
Timothy Rose, President
1360 Old Dixie Hwy, Suite 106
Vero Beach, FL 34962
SURETY
Company: Westfi77�
nee Company
(Corporate Seal)
Signature:
Name and Title:of W. Lord, Attorney -in -Fact
Address
One Park Circle, P.O. Box 5001
Westfield Center, OHIO 44251-5001
Printed with permission from the American Institute Of Architects (AIA) and the Surety 8 Fidelity Association of America (SFAA), by Westfield Group®. Westfield Group vouches that the 4
language in the document conforms exactly to the language used In AIA Document A312s" 2010.
BD 5971 (1012010)
General Bond No. 6086198 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 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
UUMUMTEE, 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 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 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 varid 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 National Surety Leader and Senior Executive and their corporate seals to be hereto
affixed this 21st day of MARCH A.D.. 2014 .
Corporate-&VRAZM,,,` ..",,%0�ni, H,, WESTFIELD INSURANCE COMPANY
seals ..••»•». C c•' �:•••••'•••�'� - �' WESTFIELD NATIONAL INSURANCE COMPANY
Affixed `v�-'' •s%# •'Nps; ::�Oe''' '��-A''; ;•'+ �: •' ~'••. �4'''-� OHIO FARMERS INSURANCE COMPANY
�' > ari"f►L = v N SEAL : :-CM-0 !W• f'.. .•:o�': 1848
.,+..
'••.......•. �,4b.yam •.... ��
* By:
State of Ohio """'"•� 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 a�a„rN»w''•,•
Seal ,•� µl A L S,".,,�
Affixed '�Q:'•�����II`/ .F
r
• David A. Kotnik, Attorney at Law, Notary Public
State of Ohio til► O My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
County of Medina ss.:, q �• r.
.�••_TE Of OSA,•
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 20th day of
November
2014'
4 s o
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V.
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BPOAC2 (combined) (06-02)
,,,,..•Q�,orm,ic ,tis �,,�••'' 1tlSfljP�;�,
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SEAL
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ca
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� I Secret
Frank A. Carrino, Secretary
Westfield Insurance Company
Westfield Groupo1 Park Circle, PO Box 5001, Westfield Center, Ohio 44251-5001
Payment Bond
CONTRACTOR:
(Name, legal status and address)
Timothy Rose Contracting, Inc.
1360 Old Dixie Hwy, Suite 106
Vero Beach, FL 32962
OWNER:
(Name, legal status and address)
City of Sebastian
1225 Main Street
Sebastian, FL 32958
CONSTRUCTION CONTRACT
Date: November 20, 2014
Amount: $52,109.10
Description:
Bond No. 6086198
Conforms to Document A312 TM -2010
SURETY:
(Name. legal status and principal place of business)
Westfield Insurance Company
1 Park Circle, PO Box 5001
Westfield Center, OH 44251-5001
(Name and location) Barber Street Bridge Deck Overlay and Pavement Reconstruction
BOND
Date: November 20,2014
(Not earlier than Construction Contract Date)
Amount: $52,109.10
Modifications to this Bond: ® None
CONTRACTOR AS PRINCIPAL
Company: Timothy Rose Contracting, Inc.
(Corporate Seal)
See Section 18
SURETY
Company: Westfield Insurance Company
Signature: Signature:
Nam imothy Rose
and Title. President and Title: A
(Any additional signatures appear on the last page of this Payment Bond.)
(FOR INFORMATION ONLY— Name, address and telephone)
AGENT or BROKER.
Stuart Insurance,Inc.
3070 SW Mapp Road]
Palm City, FL 34990
(t;orporate Sear
OWNER'S REPRESENTATIVE:
(Architect, Engineer or other party:)
Frank Watanbee, P.E.
5
Printed with permission from the American Institute Of Architects (AIA) and the Surety & Fidelity Association of America, by Westfield Group®. Westfield Group vouches that the language in
the document conforms exactly to the language used In AIA Document A312TM' 2010.
BD 5971 (1012010)
Bond No. 6086198
1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the
Construction Contract, which is incorporated herein by reference, subject to the following terms.
2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless
the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment
furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no
obligation under this Bond.
3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of
claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for
labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of
such claims, demands, liens or suits to the Contractor and the Surety.
4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense
defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit.
5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
5.1 Claimants, who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were, or equipment was, furnished or
supplied or for whom the labor was done or performed, within ninety (90) days after having last performed
labor or last furnished materials or equipment included in the Claim; and
.2 have sent a Claim to the Surety (at the address described in Section 13).
5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the
address described in Section 13).
6 If a notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly
and at the Surety's expense take the following actions:
7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the
amounts that are undisputed and the basis for challenging any amounts that are disputed; and
7.2 Pay or arrange for payment of any undisputed amounts.
7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a
waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for
which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under
Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs
thereafter to recover any sums found to be due and owing to the Claimant.
8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees
provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the
Surety.
9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of
the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor
furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of
the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the
6
Printed with permission from the American Institute Of Architects (AIA) and the Surety & Fidelity Association of America. by Westfield Group®. Westfield Group vouches that the language in the document
conforms exactly to the language used In AIA Document A312 Tu 2010.
BD 5971 (1012010)
Bond No. 6086198
Owner's priority to use the funds for the completion of the work.
10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to
the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under
this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or
otherwise have any obligations to Claimants under this Bond.
11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related
subcontracts, purchase orders and other obligations.
12 No suitor action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in
the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year
from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the
last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the
Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on
the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient
compliance as of the date received.
14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be
deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed
incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a
common law bond.
15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner
shall promptly furnish a copy of this Bond or shall permit a copy to be made.
16 Definitions
16.1 Claim. A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done, or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished
for use in the performance of the Construction Contract;
.4 a brief description of the labor, materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the
Claim;
.7 the total amount of previous payments received by the Claimant; and
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date
of the Claim.
16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The
term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable
mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this
Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas,
power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract,
architectural and engineering services required for performance of the work of the Contractor and the Contractor's
subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,
materials or equipment were furnished.
7
Printed with permission from the American Institute Of Architects (AIA) and the Surety & Fidelity Association of America, by Westfield Group®. Westfield Group vouches that the language in the document
conforms exactly to the language used In AIA Document A312TM' 2010.
BD 5971 (1012010)
Bond No. 6086198
16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including
all Contract Documents and all changes made to the agreement and the Contract Documents.
16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
16.6 Contract Documents. AI the documents that comprise the agreement between the Owner and Contractor.
17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall
be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
18 Modifications to this bond are as follows:
NONE
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company: Timothy Rose Contmcti
(Corporate Seal)
Signature:
Name and Title: Timothy Rose, President
Address
1360 Old Dixie Hwy, Suite 106
Vero Beach, FL 34962
SURETY
Company: Westfield surance Company
(Corporate Seal)
Signature:
Name and Title. of W. Lord, Attorney -in -Fact
Address
One Park Circle, P.Q. Box 5001
Westfield Center, OHIO 44251-5001
8
printed with permission from the American Institute Of Architects (AIA) and the Surety & Fidelity Association of America, by Westfield Group®. Westfield Group vouches that the language in the document
conforms exactly to the language used In AIA Document A312 TO 2010.
BD 5971 (1012010)
General
Power
of Attorney
CERTIFIED COPY
Bond No. 6086198 POWER NO. 0990102 00
Know All Men b These Presents, That WESTFIELD INSURANCE
FARMERS INSURANCE COMPANY, corporations, hereinafter referred
organized and existing under the laws of the State of Ohio, and having
presents make, constitute and appoint
CABOT W. LORD, JOSEPH E. COONS, JOINTLY OR SEVERALLY
Westfield Insurance Co.
Westfield National Insurance Co.
Ohio Farmers Insurance Co.
Westfield Center, Ohio
COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
to individually as a "Comany" and collectively as "Companies," duly
Its principal office in Westfield Center, Medina County, Ohio, do by these
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 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 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 varid 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 presentsto 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••,,, �p� k�.,, WESTFIELD INSURANCE COMPANY
Sea's
Affixed
1•'`• ~,'•CF ..��p,•,,........;1/,s+ •. 1*' , �.. o,
v.�o. •. G ' ,.•• �'` 'l� % WESTFIELD NATIONAL INSURANCE COMPANY
s •�� OHIO FARMERS INSURANCE COMPANY
hf� ¢ = r SEAL3Z I
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State of Ohio *�••`'''"'"'""��•� ByDennis 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 a1 A L
Affixed
2r��'•.t�:r
State of Ohio N� �o
County of Medina ss.: +
David A. Kotnik, Attorneyat Law, Notary Public
My Commission Does Not xpire (Sec. 147.03 Ohio Revised Code)
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 fuli force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 20th day of
November s�' 2014'
u~i'• SEAL m c
BPOAC2 (combined) (06-02)
1
jIVy(ii
Secwtary
Frank A. Canino, Secretary