HomeMy Public PortalAboutCW Roberts-Main Street Resurfacing & StrippingCITY OF CRESTVIEW
DEPARTMENT OF PUBLIC SERVICES
Main Street Resurfacing
& Striping Project
Bid No. 18-0809
Brona D. Steele
Director
of
Public Services
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SECTION 00020
ADVERTISEMENT FOR BIDS
FOR
CITY OF CRESTVIEW
MAIN STREET RESURFACING
& STRIPING
BID NO. 18-0809
NOTICE IS HEREBY GIVEN: That sealed bids will be received by the City of Crestview, at the
City Clerk's Office 198 N. Wilson Street, Crestview, Florida 32536; until August 09, 2018 at
2:00 p.m.
Any bids received after the above time will not be accepted under any circumstances. Any
uncertainty regarding the time a bid is received will be resolved against the bidder.
Bid opening will be promptly at 2:00 p.m. on August 09, 2018 at the City Hall Council
Chambers, 198 N. Wilson Street, Crestview, Florida 32536, at which time all bids received will
be publicly opened and read aloud.
DESCRIPTION OF WORK: All work for the Project shall be awarded and constructed, if
award is made, under one Contract. Bids shall be submitted for the Work described:
This bid shall include all work incidental to the milling and resurfacing of approximately 500
tons of Type "S.P.-9.5" asphaltic concrete material or equivalent, to be paid for by the ton, 9,000
sq. ft. milling of asphalt, 5,200 sq. ft. of seal coating, center -line striping, restripe stop bars and
crosswalks. Contractor will be responsible for traffic management and will provide a schedule to
the city for public service announcements. The construction sites will require complete cleanup
upon completion.
Bidders are urged to make on -site inspections of streets listed. If you have any questions, contact
Danny Bowden or Allen Hallford of the Street Division at 715 N. Ferdon Blvd., Crestview,
FL or call 850-682-6132 ext. 105 or 106.
BIDDING DOCUMENTS can be obtained and reviewed at:
Department of Public Services
715 N. Ferdon Blvd.
Crestview, FL 32536
(850)682-6132
Main Street Resurfacing & Striping 00020-1 08/09/2018
Bid No. 18-0809
The City of Crestview reserves the right to accept or reject, in part or total, any or all bids and to
waive any informalities as deemed in the best interest of the City. All bids must be marked on
the outside of the envelope with the bid name, the time and date of opening. It shall be the
Bidder's responsibility to ensure that bids are delivered to the above address by the appointed
time.
Bids shall be prepared from complete Bidding Documents.
BID SUBMITTAL: A single bid shall be submitted for the work. The contract will be awarded
pursuant to the requirements of applicable state and federal laws and regulations.
Award will be made to the lowest responsible and responsive bidder. The City of Crestview will
in no way be liable for any costs incurred by any bidder in the preparation of its Bid in response
to this Invitation to Bid.
The City reserves the right to waive technicalities or irregularities, to reject any or all bids, and to
accept that Bid which is in the best interest of the City.
The CITY OF CRESTVIEW, FLORIDA does not discriminate on the basis of race, color,
national origin, sex, religion, age, and handicapped status in employment or provision of service.
CITY OF CRESTVIEW, FLORIDA
Crestview, Florida
END OF SECTION
Main Street Resurfacing & Striping 00020-2 08/09/2018
Bid No. 18-0809
SECTION 00100
INSTRUCTIONS TO BIDDERS
I General
BIDS will be received by the City of Crestview (herein called the "OWNER") as specified in the Invitation to
Bid. The BIDS will be publicly opened and read aloud at the designated time and place.
Each BID must be submitted in a sealed envelope addressed to the City of Crestview. Each sealed
envelope containing a BID must be plainly marked on the outside with the name and the number of the
project for which the BID is submitted; and the envelope should also show on the outside, the BIDDER's name
and address.
BIDDERS must satisfy themselves as to the accuracy of the estimated quantities in the BID schedule by
examination of the site and a review of the drawings and specifications including any addenda. After
BIDS have been submitted the BIDDER shall not assert that there has been any misunderstanding
concerning the quantities of work or of the nature of the work to be done.
All BIDS must be made on the required BID form. All blank spaces for BID prices must be filled in, in ink
or typewritten, and the BID form must be fully completed and executed when submitted. Only one copy of
the BID form is required The Bid form is the only document to be completed and signed at the bid opening.
No BID Bond is required.
A BIDDER may not modify its BID after BID opening. Errors in the extension of unit prices stated in a BID
or in multiplication, division, addition, or subtraction in a BID may be corrected by the Director of Public
Services prior to award. In such cases, unit prices shall not be changed.
Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized
postponement thereof. Any BID received after the time and date specified shall not be considered. No
BIDDER may withdraw a BID after the actual date of the opening thereof.
The OWNER may waive any informalities or minor defects or reject any and all BIDS. A conditional or qualified
BID may not be accepted.
BID tabulations will be posted for review on the city website: www.cityofcrestview.org
The OWNER may make such investigations as deemed necessary to determine the ability of the BIDDER to
perform the work, and the BIDDER shall furnish to the OWNER all such information and data for this purpose as
the OWNER may request. The OWNER reserves the right to reject any BID if the evidence submitted by, or
investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out
the obligations of the AGREEMENT and to complete the work contemplated herein. The low BIDDER will be
required to perform at least fifty percent (50%) of the contract work with his/her own employees. The BIDDER
to whom the contract is being awarded shall supply the names and addresses of major material suppliers
and subcontractors when required to do so by the OWNER.
A PERFORMANCE BOND and PAYMENT BOND each in the amount of 100 percent of the contract
price, with a corporate surety approved by the OWNER, will be required for the faithful performance of the
contract, when the AGREEMENT is executed. Attorneys -in -fact who sign PAYMENT BONDS and
PERFORMANCE BONDS must file with each BOND a current certified copy of their power of attorney.
Main Street Resurfacing & Striping 18-0809
00100-1
Certificate of Insurance, as specified herein, shall be submitted at the time of signing the AGREEMENT.
The BIDDER to whom the contract is being awarded will be required to execute the AGREEMENT and
obtain the PERFORMANCE BOND, PAYMENT BOND and Insurance on or before ten (10)
calendar days following delivery of the notice of award to the BIDDER. If the BIDDER fails to
properly execute the AGREEMENT or obtain the required PERFORMANCE BOND, PAYMENT
BOND, or Insurance within the allotted time, the OWNER may consider the BIDDER in default.
The OWNER within ten (10) days of receipt of acceptable PERFORMANCE BOND, PAYMENT BOND,
Insurance Certificates and the AGREEMENT signed by the CONTRACTOR to whom the contract is
being awarded shall sign the AGREEMENT and return to such CONTRACTOR an executed duplicate
of the AGREEMENT. Should the OWNER not execute the AGREEMENT within such period, the
BIDDER may by written notice withdraw the signed AGREEMENT.
The CON TRACTOR shall thereupon record the PAYMENT and PERFORMANCE BONDS at the
Okaloosa County Courthouse and return the recorded originals to the OWNER within seven (7) days.
The NOTICE TO PROCEED shall be issued within ten (10) days of the receipt of the recorded bonds
by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot be issued within
such period, the time may be extended by mutual agreement between the OWNER and
CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the ten (10) day period
or within the period mutually agreed upon, the CONTRACTOR may terminate the AGREEMENT by
written notice to the OWNER.
II Scope of Work,
The scope of work for North Main Street from U.S. 90 to Martin Luther King, Jr. Blvd. (2
Lane Undivided Section with Parking on both sides) is as follows:
1. Mill existing driving lanes to approximately 1" depth and overlay with SP-9.5;
a. Allow for City inspection of milled surface prior to tack and overlay.
b. Provide tack coat on milled surface at maximum application rate.
2. Restripe centerline with painted double solid yellow 4" striping (per existing).
3. Restripe Stop Bars and Crosswalks with thermoplastic materials.
4. Sealcoat parking areas and restripe with painted white 4" lines and painted blue
marking on handicapped spaces (per existing).
5. Contractor to furnish all materials and equipment for the work.
6. Contractor to provide all Traffic Control needed during the work;
a. Work around parked cars left overnight.
7. Milled material to become the property of the City;
a. Contractor to haul material to City pit on Brookmeade Drive at Covell Road.
8. All work to be in accordance with DOT specifications, unless otherwise noted.
Main Street Resurfacing & Striping 00100-2 18-0809
9. Seal Coating to be applied in accordance with manufacturer's specifications to
provide maximum durability.
10. The work includes approximately 9,000 square yards of milling, 500 tons of
resurfacing and 5,200 square yards of seal coating with striping quantities to be done
by others.
Any questions, contact Danny Bowden, Street Supervisor or Fred Cook, City Engineer at
(850)682-6132
DI Bid Protest Procedure
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE DIRECTLY AND ADVERSLY
AFFECTED BY THE AWARD OR INTENDED AWARD OF A PURCHASE ORDER OR
CONTRACT OR BY PLANS OR SPECIFICATIONS CONTAINED IN AN INVITATION TO BID OR
REQUEST FOR PROPOSALS MAY FILE A PROTEST.
NOTICE OF PROTEST OF PLANS, SPECIFICATIONS OR OTHER REQUIREMENTS CONTAINED
IN AN INVITATION TO BID OR IN A REQUEST FOR PROPOSALS SHALL BE FILED NOT
LATER THAN 5:00 P.M. OF THE THIRD BUSINESS DAY FOLLOWING RECEIPT OF THE PLANS
OR SPECIFICATIONS. NOTICE OF PROTEST OF THE REJECTION OF A BID OR PROPOSAL AS
NON -RESPONSIVE SHALL BE FILED NOT LATER THAN 5:00 P.M. OF THE THIRD BUSINESS
DAY FOLLOWING NOTICE TO THE BIDDER OF THE REJECTION. NOTICE OF PROTEST OF
THE AWARD OR INTENDED AWARD OF A PURCHASE ORDER OR CONTRACT TO THE
LOWEST BIDDER SHOWN ON A POS 1'ED BID TABULATION SHALL BE FILED NOT LATER
THAN 5:00 P.M. OF THE THIRD BUSINESS DAY FOLLOWING THE POSTING OF THE BID
TABULATION. NOTICE OF PROTEST OF THE AWARD OR INTENDED AWARD OF A
PURCHASE ORDER OR CONTRACT TO A BIDDER OTHER THAN THE LOWEST BIDDER
SHOWN ON A POSTED BID TABULATION SHALL BE FILED NOT LATER THAN 5:00 P.M. OF
THE THIRD BUSINESS DAY FOLLOWING NOTICE OF THE AWARD OF A PURCHASE ORDER
OR CONTRACT.
A NOTICE OF PROTEST SHALL BE IN WRITING AND SHALL STATE THE SUBJECT
MATTER OF THE PROTEST.
A FORMAL WRITTEN PROTEST SHALL BE FILED WITHIN SEVEN (7) BUSINESS DAYS
AFTER THE FILING OF NOTICE OF PROTEST. A FORMAL WRITTEN PROTEST SHALL STATE
WITH PARTICULARITY THE FACTS AND THE LAW ON WHICH THE PROTEST IS BASED.
NOTICE OF PROTEST AND FORMAL WRITTEN PROTEST OF PLANS OR SPECIFICATIONS
FOR OR THE AWARD OR INTENDED AWARD OF A CONTRACT SHALL BE FILED WITH THE
CITY CLERK OR HER DESIGNEE.
FAILURE TO FILE A NOTICE OF PROTEST OR FAILURE TO FILE A FORMAL WRITTEN
PROTEST WITHIN THE TIMES PERMI 1TED SHALL CONSTITUTE A WAIVER OF
PROCEEDINGS.
-end
Main Street Resurfacing & Striping 00100-3 18-0809
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CITY OF CRESMEW
Director Department of Public Services Telephone No. (850) 682-6132
Brona D. Steele 715 Ferdon Boulevard North Fax No. (850) 682-7359
lE-Mail: steelEacitvofcrestview.orq Crestview, Florida 32536 E-Mall: publicservicesOcvflora accoxmail.com
BID FORM
BID #18-0809
BIDDERS NAME: C.W. Roberts Contracting, Inc.
ADDRESS: 160 Industrial Park Road, Freeport, FL 32439
PROJECT: Main Street Resurfacing & Striping BID#18-0809 for the City of Crestview, Florida
The Bidder proposes (to furnish all labor, materials, equipment and supplies) to perform all work
described under the Scope of Work in Section 00100 Instructions to Bidder:
Item
Description
Qty
Unit
Unit Price
Total Price
1
Mobilization
1
Lump
Sum
$8,850.00
$8,850.00
2
1" Milling of Asphalt
9,000
Sq. yds
$1.55
$13,950.00
3
1" Asphalt Overlay with SP-9.5
500
tons
$108.25
$54,125.00
4
Asphalt Seal Coating
5,200
Sq. yds
$1.75
$9,100.00
5
Restriping, Stop Bars & Crosswalks
1
Lump
Sum
$14,550.00
$14,550.00
6
Traffic Control
1
Lump
Sum
$13,700.00
$13,700.00
Grand Total
$114,275.00
Total Lump Sum Bid
(Numerals)$ One Hundred Fourteen Thousand, Two Hundred Seventy Five Dollars and no/100.
C.W. Robe 3 o tract i • Inc.
850-835-3500
Phone
August 09, 2018
Authoepres= five o ntractor's Signature Date
Chris Riley - Vice President
Main Street Resurfacing & Striping
Page 1
18-0809
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SECTION 00500
AGREEMENT
CITY OF CRESTVIEW, FLORIDA
CONTRACT
MAIN STREET RESURFACING & STRIPING
BID # 18-0809
On August 13, 2018 THE CITY COUNCIL OF CRESTVIEW, FLORIDA, herein referred
to as the City, accepted the bid of C.W. ROBERTS CONTRACTING, INC. herein referred to
as the Contractor, in the amount of, One Hundred Fourteen Thousand, Two -Hundred Seventy-
five and no -cents ($114,275.00) to perform the work described in Section 00100 Instructions to
Bidders.
TERMS AND CONDITIONS OF CONTRACT FOR THE
MAIN STREET RESURFACING & STRIPING:
1. Entire Contract:
This Agreement represents the entire and integrated Contract between the City and Contractor and
supersedes all prior negotiations, representations or contracts, either written or oral. The
Advertisement for Bids, Instructions to Bidder, Bid Form, Insurance Requirements, Performance
Bond, Payment Bond and Notice of Award are included in the contract documents binding the
parties. Provisions of this Contract may be amended only by written instrument approved by the
Crestview City Council and signed by the City Clerk and Contractor.
2. Intent of Contract:
The scope of work for North Main Street from U.S. 90 to Martin Luther King, Jr. Blvd. (2
Lane Undivided Section with Parking on both sides) is as follows:
1. Mill existing driving lanes to approximately l" depth and overlay with SP-9.5;
a. Allow for City inspection of milled surface prior to tack and overlay.
b. Provide tack coat on milled surface at maximum application rate.
2. Restripe centerline with painted double solid yellow 4" striping (per existing).
3. Restripe Stop Bars and Crosswalks with thermoplastic materials.
4. Sealcoat parking areas and restripe with painted white 4" lines and painted blue
marking on handicapped spaces (per existing).
5. Contractor to furnish all materials and equipment for the work.
Page 1 of 8
MAIN STREET RESURFACING & STRIPING 18-0809
6. Contractor to provide all Traffic Control needed during the work;
a. Work around parked cars left overnight.
7. Milled material to become the property of the City;
a. Contractor to haul material to City pit on Brookmeade Drive at Covell Road.
8. All work to be in accordance with DOT specifications, unless otherwise noted.
9. Seal Coating to be applied in accordance with manufacturer's specifications to
provide maximum durability.
10. The work includes approximately 9,000 square yards of milling, 500 tons of
resurfacing and 5,200 square yards of seal coating with striping quantities to be
done by others.
3. Term of Contract and Time Extensions:
3.1 The Work will be substantially completed within 90 days after the date
when the Contract Time commences to run as provided by the Notice to Proceed
date.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that TIME IS OF THE
ESSENCE in this Agreement and that Owner will suffer financial loss if the work is not substantially
complete in the time specified in Paragraph 3.1 above. The parties also recognize the delays, expense
and difficulties involved in proving in a legal proceeding the actual loss suffered by the OWNER if
the Work is not substantially complete on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay OWNER $500.00 (Five Hundred Dollars) for each day that expires after
the time specified in Paragraph 3.1 for Substantial Completion until the Work is substantially
complete, and that the liquidated damages set forth herein bear a reasonable relationship to the
estimated actual damages that the OWNER would suffer.
4. Compensation:
All payments upon contract are contingent upon the Contractor's Work being acceptable to the
City. For satisfactory completion and acceptance of the Work, the City agrees to pay the
Contractor in accordance with the terms of this Contract.
5. Insurance:
Contractor shall, during the performance of the contract, maintain Worker's Compensation
Insurance sufficient to secure benefits of the Florida Workmen's Compensation Law for all
employees and any of the work sublet to any vendor or subcontractor, Comprehensive General
Liability Insurance, and Auto Liability Insurance, all with companies and in the form and
amounts acceptable to the City. If any part of the work is sublet, similar insurance shall be
provided by and in behalf of any subcontractors.
Page 2 of 8
MAIN STREET RESURFACING & STRIPING 18-0809
Evidence of Insurance: Contractor shall provide the City Certificates of Insurance naming the
City as an additional insured and certificate holder. All binders, policies, or certificates of
insurance shall provide for at least thirty days' notice from insurers to the City of any cancellation
or amendment to any of the insurance policies.
6. Indemnification:
Contractor covenants and agrees that they will indemnify and hold harmless the City and all of its
officers, agents, and employees from any and all claims, losses, damages, costs, charges or
expenses arising out of any act, action, neglect, or omission by Contractor during the performance
of the agreement, whether direct or indirect, and whether to any person or property to which the
City or said parties may be liable.
7. Licensing:
The Contractor shall obtain all permits and maintain at its expense all professional and business
certificates and licenses required by the City or otherwise by law and as necessary to perform
services under this Contract. If Contractor performs any Work without obtaining, or contrary to,
permits and licenses, Contractor shall bear all costs arising there from.
8. Performance of Work/Responsibilities:
The Contractor shall commence work in a reasonable length of time and shall complete the work
in an expeditious manner. In emergency situations, the Contractor shall endeavor to commence
work immediately. All work shall be done under the supervision of the City's Public Service
Director or designated representative. The performance of Work and responsibilities hereto are
outlined and made a part hereof as identified in "Description of Work".
9. Termination for Default:
The Contract will remain in force for the full period specified and until the City's Public Services
Director or his designee determines that all requirements and conditions have been satisfactorily
met. However, the City Public Services Director will have the right to terminate this Contract
sooner if the Contractor has failed to perform satisfactorily the work required or comply with the
other requirements of the Contract.
In the event the City Public Services Director decides to terminate this Contract for the
Contractor's failure to perform satisfactorily or meet its other responsibilities under the Contract,
the City Public Services Director will give the Contractor five (5) days' notice, whereupon the
Contract will terminate, unless during the notice period the Contractor cures the failure to
perform or meets its other responsibilities under the Contract to the satisfaction of the City Public
Services Director.
Page 3 of 8
MAIN STREET RESURFACING & STRIPING 18-0809
Upon Contract termination for the Contractor's failure to provide satisfactory contract
performance, the Contractor will be entitled to receive compensation for Contract services
satisfactorily performed by the Contractor and allocable to the Contract and accepted by the City
Public Services Director or his designee prior to such termination. However, an amount equal to
all additional costs required to be expended by the City to complete the Work covered by the
Contract, including costs of delay in completing the project, shall be either subtracted from any
amount due or amount charged to the Contractor in the event the City Public Services Director
terminates the Contract.
Except as otherwise directed by the City Public Services Director, or in the case of termination
for default (in which event the Contractor may be entitled to cure, at the option of the City Public
Services Director), the Contractor shall stop work on the date of receipt of the notice or other
date specified in the notice, place no further orders or subcontract for materials, services, or
facilities except as are necessary for the completion of such portion of the work not terminated,
and terminate all contractor and subcontracts and settle all outstanding liabilities and claims.
In the event that any termination for default shall be found to be improper or invalid by any
court of competent jurisdiction, then such termination shall be deemed to have been a
termination for convenience.
11. Termination for Convenience:
The performance of work under this Contract may be terminated by the City Public Services
Director in whole or in part whenever the City Public Services Director, in his discretion,
determines that such termination is in the City's best interest. Any such termination shall be
effected by the City Public Services Director giving at least five (5) days' notice to the
Contractor, specifying the extent to which performance of the work under this Contract is
terminated and the date upon which such termination becomes effective.
As to termination for convenience, after receipt of the date of termination, the Contractor shall
stop all work as specified in the notice; place no further orders or subcontract for materials,
services, or facilities except as are necessary for the completion of such portion of the Work not
terminated; and terminate all contractors and subcontracts and settle all outstanding liabilities and
claims.
12. Disclosure:
Contractor warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for the Contractor to solicit or secure this Contract and that it
has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a
bona fide employee working solely for the Contractor, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this Contract.
Page 4 of 8
MAIN STREET RESURFACING & STRIPING 18-0809
13. Miscellaneous:
13.1 Governing Law
The parties intend that this Contract and the relationship of the parties shall be governed by the
laws of the State of Florida. Venue for any action arising out of this contract shall be in
Okaloosa County Florida and nowhere else.
13.2 Severability
If any section, subsection, term or provision of this Contract or the application thereof to any
party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of said
section, subsection, term or provision of this Contract or the application of same to parties or
circumstances other than those to which it was held invalid or unenforceable, shall not be
affected thereby and each remaining section, subsection, term or provision of this Contract
shall be valid or enforceable to the fullest extent permitted by law.
13.3 Sovereign Immunity
The parties further agree, nothing contained herein is intended nor shall be construed to waiver
the City of Crestview's rights and immunities under the Florida constitution, common law or
Florida Statutes 768.28, as amended from time to time.
13.4 Construction
The Parties have participated jointly in the negotiation and drafting of this Contract. In the event
an ambiguity or question of intent or interpretation arises, this Contract shall be construed as if
drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or
disfavoring any Party by virtue of the authorship of any of the provision of this contract.
13.5 Attorney's Fees
In any dispute relating to this contract each party shall be responsible for their respective
attorney's fees and costs.
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MAIN STREET RESURFACING & STRIPING 18-0809
13.6 PUBLIC ACCESS. Contractor shall comply with the requirements of Florida's Public
Records law. In accordance with Section 119.0701, Florida Statutes, Contractor shall:
a. Keep and maintain public records required by the public agency to perform the service.
b. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided under Florida's
Public Law or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of this contract if Contractor does not transfer
the records to the public agency: and
d. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of Contractor or keep and maintain public records required by the
public agency to perform the service. If Contractor transfers all public records to the
public agency upon completion of the contract, Contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion of
this contract, the Contractor shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the public agency, upon
request from the public agency's custodian of public records, in a format that is
compatible with the information technology systems of the public agency.
e. If Contractor has questions regarding the application of Chapter
119, Florida Statutes, to Contractor's duty to provide public
records relating to this Agreement, Contractor shall contact the
Custodian of Public Records at:
City Clerk, City of Crestview
198 North Wilson Street
P.O. Box 1209
Crestview, Florida 32536
(850) 682-1560 Extension 250
citvclerk a(�citvofcrestview.ora
f. In the event the public agency must initiate litigation against Contractor in order to
enforce compliance with Chapter 119, Florida Statutes, or in the event of litigation filed
against the public agency because Contractor failed to provide access to public records
responsive to a public record request, the public agency shall be entitled to recover all
costs, including but not limited to reasonable attorneys' fees, costs of suit, witness fees,
and expert witness fees expended as part of said litigation and any subsequent appeals.
Page 6 of 8
MAIN STREET RESURFACING & STRIPING 18-0809
13.7 Notices
All notices under the Contract shall be in writing and shall be effective when mailed by certified
mail, return receipt requested, or when delivered personally, as provided hereafter, or to such other
addresses as may be designated by notice:
13.8 The undersigned Contractor in accordance with Florida Statute 287.087 hereby certifies that
Contractor shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for drug
abuse violations.
3. Give each employee engaged in providing the contractual services that are under bid a copy of
the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the contractual services that are under bid, the employee will abide by the terms of
the statement and will notify the employer of any conviction of, or plea of guilty or nolo
contendere to, any violation of Chapter 893 or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) days after
such conviction.
5. Impose a sanction on, or require the satisfactory participation in, a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee who
is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through implementation
of this section.
Page 7 of 8
MAIN STREET RESURFACING & STRIPING 18-0809
IN WITNESS, WHEREOF, the City hereunto caused these presents to be subscribed and the
Contractor has affixed their name and seal, this day of , 2018.
Date:
Contractor:
Signed by:
Date:
By:
11 ep sentative)
David Cadle, Mayor
ATTEST:
Elizabeth Roy, City Clerk
APPRO ED AS TO LEGAL FORM:
d
_,-A-Al
Ben Holley, City Att
END OF SECTION
Page 8 of 8
MAIN STREET RESURFACING & STRIPING 18-0809
SECTION 00650
CERTIFICATE OF INSURANCE
A. INSURANCE REQUIREMENTS
1. Contractor shall purchase and maintain such comprehensive general liability and
other insurance as required by this document. Should any of the required
insurance policies be canceled before the expiration date thereof, the insuring
company shall provide written notice to each insured 30 days prior to cancellation.
B. CERTIFICATE OF INSURANCE FORM
1. The Certificate of Insurance submitted to the Owner and Engineer shall be on the
Insurance Company's form with a format similar to the popular ACORD
Corporation form.
2. The Owner's project name and project number shall be shown on the Certificate.
3. Three (3) Certificates shall be submitted along with the executed Contract
Agreement.
A. Minimum Scope of Insurance:
Coverage shall be at least as broad as:
1. Insurance Services Office Form No. CG 0001 (11/85) or CG 0002 (2/86)
Commercial General Liability; and Insurance Services Office Form No.
GL 0404 (5181) Broad Form Comprehensive General Liability;
endorsement, and
2. Insurance Services Office form No. CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 "any auto", and CA 0002 (1/87), and
3. Workers' Compensation as required by the State of Florida and Employers'
Liability insurance:
B. Minimum Limits of insurance:
Contractor shall maintain coverage's and limits as follows:
1. General Liability:
Aggregate Limit: $1,000,000.
Products and completed operation aggregate limit: $500,000.
Personal and advertising injury limit: N/A.
Each occurrence limit: $500,000.
Fire damage limit: $50,000 any one fire.
MAIN STREET RESURFACING
& STRIPING
00650-1 18-0809
Medical expense limit: $5,000 per person.
Blanket: no.
(1) Designated contractors (specify): City of Crestview
2. Automobile Liability:
(a) Business auto with symbol(s): one (1)
(b) Limit per accident: $1,000,000.
3. Workers' Compensation as required by Florida laws, and Employer's Liability with the
following minimum limits:
(a) Each accident: $100,000.
(b) Per employee disease: $100,000.
(c) All claims disease: $500,000.
C. Deductibles and Self -Insured Retentions:
Any deductible or self -insured retention must be declared to and approved by the
City. At the option of the City, either the insurer shall reduce or eliminate such
deductibles or self insured retentions as respects the City, its officials and
employees, or the contractor shall procure a bond guaranteeing payment of losses
and related investigation, claim administration and defense expenses.
D. Acceptability of Insurers: Insurance should be placed with insurers having a Bests'
rating of A -Excellent and Xiii Financial Size.
E. Verification of Coverage: Successful Contractor shall furnish the City with
certificates of insurance and with original endorsements affecting coverage's
required by this appendix. The certificates and endorsement for each insurance
policy are to be signed by a person authorized by that insurer to bind coverage on
its behalf. The certificate and endorsement are to be on forms provided or
approved by the City and are to be received and approved in final form by the City
before work commences.
F. Subcontractors: Contractor shall include all subcontractors as insured's under its
policies or shall furnish separate certivicates and endorsements for each
subcontractor. All coverage's for subcontractors shall be subject to all of the
requirements stated herein.
MAIN STREET RESURFACING
& STRIPING
00650-2 18-0809
Intentionally blank page
PERFORMANCE BOND
Western Surety Company
Liberty Mutual Insurance Company
Bond No.: 30049564 / 016216954
CONTRACTOR:
(Name, legal status and address)
C.W. Roberts Contracting, Inc.
3372 Capital Circle NE
Tallahassee, FL 32308
OWNER:
(Name, legal status and address)
City of Crestview
198 N. Wilson Street
Crestview, Florida 32536
CONSTRUCTION CONTRACT
Date: August 13, 2018
Amount: $114,275.00
Description:
(Name and location)
Main Street Resurfacing and Striping, Bid # 18-0809
BOND
Date: August 13, 2018
(Not earlier than Construction Contract Date)
Amount: $114,275.00
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company:
C.W. Roberts Contracti
Signature:
Name and Title:
None
(Corporate Seal)
SURETY:
(Name, legal status and principal place of business)
Western Surety Company
333 South Wabash Avenue, Chicago, IL 60604 and
Liberty Mutual Insurance Company, 175 Berkeley St, Boston, MA 02166
See Section 16
SURETY
Company:
Western Surety
Signature:
Name and Title:
(Any additional signatures appear on the last page of this Performance Bond)
(Corporate Seal)
Renee Ellis, Attorney in Fact, License No. D011432
(FOR INFORMATION ONLY— Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Turner Insurance & Bonding Company (Architect, Engineer or other party:)
2601 Bell Road
Montgomery, Alabama 36117
334-244-0004
§ 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 Owner's 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
The Company executing this bond vouches that this document conforms to American Institute of Architects Document
A312, 2010 edition 1
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.
§ 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 may be 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
The Company executing this bond vouches that this document conforms to American Institute of Architects Document
A312, 2010 edition 2
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 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.
§ 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.
§ 16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page)
CONTRACTOR AS PRINCIPAL SURETY
Company: '7 (Corporate Seal) Company: (Corporate Seal)
Liberty Mutual Insurppce Company
Signature: Signature:
Name and Title:
Address:
Name and Title: Renee Ellis, Attorney in Fact, License No. D011432
Address: 2601 Bell Road, Montgomery, Alabama 36117
The Company executing this bond vouches that this document conforms to American Institute of Architects Document
A312, 2010 edition 3
PAYMENT BOND
Western Surety Company
Liberty Mutual Insurance Company
Bond No.: 30049564 / 016216954
CONTRACTOR:
(Name, legal status and address)
C.W. Roberts Contracting, Inc.
3372 Capital Circle NE
Tallahassee, Florida 32308
OWNER:
(Name, legal status and address)
City of Crestview
198 N. Wilson Street
Crestview, Florida 32536
CONSTRUCTION CONTRACT
Date: August 13, 2018
Amount: $114,275.00
Description:
(Name and location)
Main Street Resurfacing and Striping, Bid # 18-0809
BOND
Date: August 13, 2018
(Not earlier than Construction Contract Date)
Amount: 5114,275.00
Modifications to this Bond:
X
CONTRACTOR AS PRINCIPAL
Company:
C.W. Roberts Contrac
Signature:
SURETY:
(Name, legal status and principal place of business)
Western Surety Company
333 South Wabash Avenue, Chicago, IL 60604 and
Liberty Mutual Insurance Company,175 Berkeley Street, Boston, MA 02166
See Section 18
SURETY
(Corporate Seal) Company:
Western Surety Co any
Signature:
Name and Title: l / Name and Title: Renee Ellis Attorney in Fact, License No. D011432
(Any additional signatures appear on the last page of this Payment Bond)
(FOR INFORMATION ONLY— Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Turner Insurance & Bonding Company
2601 Bell Road
Montgomery, Alabama 36117
334-244-0004
None
(Architect, Engineer or other party)
(Corporate Seal)
§ 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
The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010
edition
1
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 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.
The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010
edition 2
§ 12 No suit or 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.
§ 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.
§ 16.5 Contract Documents. All 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.
The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010
edition 3
§ 18 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page)
CONTRACTOR AS PRINCIPAL
Company:
Signature:
Name and Title:
Address:
SURETY
rporate Seal) Company:
Liberty Mutual Insurance Compa4
Signature:
(Corporate Seal)
Name and Title: Renee Ellis, Attorney in Fact, License No. D011432
Address: 2601 Bell Road, Montgomery, Alabama 36117
The Company executing thls bond vouches that this document conforms to American Institute of Architects Document A312, 2010
edition 4
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Thomas J Gentile, Billie Jo Sanders, Renee Ellis, Paul B Scott Jr, David J Durden, Milton
A Kopf III, Individually
of Montgomery, AL, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 19th day of June, 2015.
State of South Dakota
County of Minnehaha
}
ss
WESTERN SURETY COMPANY
aul T. Bruflat, Vice President
On this 19th day of June, 2015, before me personally came Paul T. Bmflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; 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 corporation and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporation.
My commission expires
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February 12, 2021 + Wt1Fa~Flrf PUBLIC+
i ' SOUTH DAKOTA !
+ +
# 44444444444411.0000. 000.E
CERTIFICATE
S. Eich, Notary Public
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this
13th day of August , 2018.
WESTERN SURETY COMPANY
24'14"771".."
L. Nelson, Assistant Secretary
Form F4280-7-2012
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
TENS POWER OF ATTORNEY IS NOT VA JNLESS IT IS'PRINTED ON RED BACKGR D.
, This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 8022508
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Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly
organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint.
David J. Durden; Renee Ellis; Thomas J. Gentile; Milton A. Kopf; Billie Jo Sanders; Paul B. Scott Jr
all of the city of Montgomery , state of AL each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 27th day of February 2018
STATE OF PENNSYLVANIA
COUNTY OF MONTGOMERY
ss
By:
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
Westmerican Insurance Company
David M. Carey, Assistant Secretary
On this 27th day of February 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
COMMONWEALTH OF PENNSYLVANIA
Notanel Seal
Teresa Paslella, Notary Public
Upper Merlon Twp., Montgomery County
My Commission Expires March 28, 2021
Member, Pennsylvania Association of Notanes
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject
to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective
powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under
the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,
and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute,
seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their
respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in-
fad as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 13th day of August , 2018
By:
Teresa Pastella, Notary Public
By:
Renee C. Lie , ssistant Secretary
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