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HomeMy WebLinkAboutGCI/General Constructors, Inc. Winter Springs Streetscapes 2003 01 27 AGREEMENT FORM THIS AGREEMENT MADE THIS "' Tt� DAY OF February 2003, between the CITY OF WINTER SPRINGS of 1126 East State Road 434, Winter Springs, Florida 32708, Seminole County, State of Florida, herein referred to as OWNER and GCl/General Constructors Inc., herein referred to as CONTRACTOR, a person duly licensed as a Contractor in the State of Florida, as follows: 1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract Documents, for Winter Springs Streetscapes. 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; all Technical, General and Supplementary Conditions and Sections contained in the Project Manual; the Drawings as listed on the Bid Form and In to Drawings; all Addenda issued prior to and all Change Orders issued after execution of this Agreement. These form the Contract and are incorporated into this Contract by this reference. 3. CONTRACT TIME - The CONTRACTOR shall begin work within 10 days after the issuance of a written Notice to Proceed and shall complete the work within 90 calendar days for Phase One and 150 calendar days for Phase Two from the date of the Notice to Proceed. Extensions, if any, are authorized by OWNER, and may only be granted in writing. 4. LIQUIDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 3 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by 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 for each day that expires after the time specified in Paragraph 4 for final completion until the work is finally complete, and that OWNER has paid to CONTRACTOR the consideration of Ten ($10.00) Dollars as consideration for this provision. 5. CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of Seven Hundred Eighty-one Thousand Seven Hundred Fifty-nine Dollars and Thirty-seven Cents ($781,759.37). Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of it Prices included as a part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein. 6. PROGRESS PAYMENTS - OWNER shall make progress payments on account f # contract price to CONTRACTOR, on the basis of application for payments submitted to the City or it authorized representative, by CONTRACTOR as the work progresses, and in accordance with the Contract Documents. Progress payments may be withheld if: Contractor Copy (A) Work is found defective and not remedied; (B) Contractor does not make prompt and proper payments to subcontractors; (C) Contractor does not make prompts and proper payments for labor, materials, or equipment furnished him; (D) Another Contractor is damaged by an act for which Contractor is responsible; (E) Claims or liens are it on the job; or (F) In the opinion of the City of Winter Springs, Contractors work is not progressing satisfactorily. 7. FINAL PAYMENT - OWNER shall withhold up to 10% of the Contract Price throughout the project. The OWNER shall release 50% of the amount withheld upon issuance of the Substantial Completion Certificate. The remaining 50% of the amount withheld shall be released with the Final Payment after the issuance of the Final Completion Certificate. OWNER shall make final payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed, if the contract has been fully and timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR has delivered to OWNER a complete release of liens arising out the contract, or receipt releases of lien fully covering all labor, materials and equipment for which a lien could be filed, or in the alternative a bond satisfactory to OWNER indemnifying him against such claims. By making payments, OWNER does not waive claims including but not limited to those relating to: (A) Faulty work appearing after substantial completion has been granted', Gh Work that does not comply with the Contract Documents: (C) Outstanding claims of liens; or (D) Failure of Contractor to comply with any special guarantees required by the Contract Documents. 8. DESIGNATION OF PROJECT DIRECTOR OR ARCHITECT OR ENGINEER: DUTIES AND AUTHORITY-The duties and authority of the City are as follows: a. General Administration of Contract. The primary function of the City is to provide the general administration of the contract. In performance of these duties, Gregory Bishop or his authorized representative is the City's Project Director during the entire period of construction. The OWNER (City) may change the Project Director during the term of this contract. Is. Inspections, Opinions, and Progress Reports. The OWNER shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work it The OWNER will not be responsible for the Contractor Copy means of construction, or for the sequences, methods, and procedures used therein, or for the CONTRACTOR's failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for Inspections. The OWNER shall be given free access to the worksite at all times during work preparation and progress. The Project Director is not obligated to make exhaustive or continuous on site inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive Owners claim regarding defective work by Contractor. d. Interpretation of Contract Documents: Decisions on Dis utes. The OWNER will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between Contractor and Owner. a. Rejection and Stopipage of Work. The OWNER shall have authority to reject work, is in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary. f. Payment Certificates. The OWNER will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR's applications and OWNER's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. 9. RESPONSIBILITIES OF CONTRACTOR- CONTRACTOR's duties and rights in connection with the project herein are as follows: a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, procedures, and means, for the coordination of all woric CONTRACTOR shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. b. Discipline and Employmen . CONTRACTOR shall maintain at Ili strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Famishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and services necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shaI l secure all licenses and permits necessary for proper completion of the work, paying the fees therefore, CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work. Connector Copy a. CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after acceptance by OWNER. 10. BOND - CONTRACTOR shall supply a materials, performance, and payment bond(s) in accordance with Florida law and tot satisfaction of OWNER, in an amount specified in the Contract Documents. 11- MEDIATIONIVENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for Seminole County, Florida. 12. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable party at the address shown on the first page of this Contract. Signed, Sealed, and Delivered Contractor: in the presence of: GCI/General Constructors, Inc. Timothy_ Fiqrro, President Name 991 Ekplorer Cove, Suite 101 ,zll Altamonte Springs, FL 32701 Address and Telephone (407) 831-8898 Date OWNER: CITY OF WINMER SPRINGS 1/y By, Ronald lilt. McLemore it Manager 1126 East State Road 434 Winter Springs, FL 32708 407-327-1800 Contractor Copy NOTICE OF AWARD- Revised TO: Timothy J. Fierro, President GCI / General Constructors, Inc. 991 Explorer Cove, Suite 101 Altamonte Springs, Florida 32701 PROJECT DESCRIPTION: Winter Springs Streetscapes The OWNER has considered the BID submitted by GC1 / General Constructors, Inc. for the above described WORK in response to the Advertisement for Bids dated September 8, 2002, and INSTRUCTIONS TO BIDDER. You are hereby notified that your BID, in the amount of Seven Hundred Eighty-one Thousand Seven Hundred Fift y-Nine Dollars and Thirty-seven Cents ($781,759.37)for BID items contained in the BID SCHEDULE has been accepted. You are required by the INSTRUCTION TO BIDDER to execute the Agreement and furnish the required Contractor's Performance Bond, Payment Bond, and certificates of insurance within ten (10) calendar days from the date of this Notice. If you fail to execute said Agreement and to furnish said Bonds within ten (1 0) calendar days from the date of this Notice, said OWNER will be entitled to consider all rights arising out of the Owner's acceptance of your BID as abandoned and your BID BOND shall be forfeited. The OWNER will be entitled to such other rights as may be granted by law. You are required to return,an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this— 4 day of Eebgiary_, 2003 By: —A Ron McLemore Title: City Manager ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE OF AWARD is herebylcknowledged by GCl/General Contractors, Inc. this ttie, I day of 2003. By Title BOND NO. 201310 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that GCI GENERA L_L=IRUCJQR51hL_ (Name of CONTRACTOR) 991 EXPLORER COVE, SUITE 101 , ALTAMONTE SPRINGS, FL 32701 (Address of CONTRACTOR) CORPORATION hereinafter called (Corporation, Partnership, or Individual) Principal, and NORTH AMERICAN SPECIALTY INSURANCE COMPANY (Name of Surety) 13010 MORRIS ROAD, SUITE 150, ALP HARETTA, GA 30004 (Address of Surety) hereinafter called Surety, are held and firmly bound unto the City of Winter Springs Florida, hereinafter called OWNER, in the full and just Sum of DOLLARS, ($ 781,759.37 _) in'lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred ten percent (I 10%) of the Contract Price, T -C IOR is-such 1hat,whereas, the Principal entered in 'a a.certain.A , t ant ' the.:OWNE day­ with R 4aed the .attadhw:1'4nd" the' a whk� Ii*h6reto: made a"Fart f Jor copy constructionof WINTLES PRING5aJEEEJJURES_ name of Project Identified in InsOuctions to Bidders This bond is being entered into to satisfy the requirements of Section 255,05(l), Florida Statutes and the Agreement referenced above, as the same may be amended. The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that if Principal, I. Promptly and faithfully performs its duties, all the covenants. terms, conditions, and agreements of said Agreement including, but not limited to the insurance provisions, guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement and 2. Pays OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs and attomeys' fees, including costs and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by Principal under the Agreement, and BOND NO. 201310 3. Satisfies all claims and demands incurred under the Agreement, and fully indemnifies and holds harmless the OWNER from all costs and damages which it may suffer by reason or failure to do so, then this bond is void, otherwise it shall remain in full force and effect, 4. This Bonds shall remain in effect for at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents, The coverage of this Performance Bond is co-equal with each and every obligation of the Principal under the above referenced Agreement and the Contract Documents of which the Agreement is a part In the event that the Principal shall fail to perforrn any of the terms, covenants and conditions of the Agreement and the Contract Documents of which the Agreement is a part during the period in which this. Performance Bond is in effect, the Surety shall remain liable to the OWNER for all such loss or damage- In the event that the Surety it to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost, and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this Perfonnance Bond. The Surety stipulates and agrees that its obligation is to patform the Principal's work under the Agreement under the Bond. The following shall not be considered (1) $q re ty's financing.-of the Principal to..keep..-Principal, performance-under,the Bond, from defisultki undiar.,thfi".Contract-Documents : Sure �offdte'.ft?:0WNEP, to .buy b a -the Bond,-and- (Iii urety s a a on to'.do �nothing under. t ack —JI ,si ", , , I of ..'shall-.be construed as a material breach of the Bond and bad faith by the Surety. The .;$uroty agrees that Its obligation under the bond is to: (I) take over performance of the- Principal's Work and be the completing Surety even if performance of the Principal's Work exceeds the Principal's Contract Price or (ii) re7bid and re-let the Principal's Work to a completing contractor with Surety remaining liable for the completing contractor's performance of the Principal's Work and furnishing adequate funds to complete the Work. The Surety acknowledges that its cost of completion upon default by the Principal may exceed the Contract Price. In any event, the Principal's Contract Time is of the essence and applicable delay damages are not waived by OWNER. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon OWNER's pursuit of its remedies against Principal, shall remain in full force and affect notwithstanding (i) t r modifications to the Agreement entered into by OWNER and Principal without the Suretys knowledge or consent (ii) waivers of compliance with or nay default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent or (III) the discharge of Principal from its obligations under the Agreement as a result of any proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal I aw, or any limitation of the liability or Principal or its estate as a result of any such BOND NO. 201310 proceeding, Any changes in or Under the Agreement and Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to the Agreement and Contract Documents. The Labor and Materials Payment Bond and the Performance Bond and the covered amounts of each are separate and distinct from each other. This Bond is intended to comply with the requirements of Section 255.05(l), Florida Statutes, as amended, and additionally, to provide common law rights more expansive than as required by statute, The Surety agrees that this Bond shall be construed as a common law bond. IN WITNESS WHEREOF, this instrument is executed this the day of G GENERAL CONSTRUCTORS, INC. ATTEST: P d n ci is .(Principal) Secretary By(Sigm#49) SHARON- L-��- 7,-IEREQ� TIMOT4J, FIERRO, PRESIDENT Ttio:r Typpo,Nsime.a am, 991 EXPLORER COVE, SUITE 101 (CORPORATE SEAL) Address ALTAMONTE SPRINGS, FL 32701 '61Vftness to Principal) City, State, Zip SHARON L. MACARTHUR Typed Name Telephone No.407-831-8898 Facsimile No. 407-831-1223 p BOND NO. 201310 _l� A� --)�a� NMIJ AMERJUD 2ECIAL Y INS CE COMPANY (Surety) Surety 13010 MORRIS ROAD, SMITE 101 E. !W A _ALPHARETTA, GA 3000 - Typed Name Telephone . 770-442-7870 Facsimile , 770-442-7879 ORPORATE SEAL) r i i { -i - DEBORAH E. T O L RA LADE Typed Name Typed Name >. 220 S. AVE O.' BO :2412 Witniss as td Surety Address JJN H IE S 1B 7 DAY DAYTONA BEACH, FL. City,Typed Name i Telephone -252_9601 _. imil <3 6-2739= BOND NO. 201310 LABOR AND MATERIALS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that GCI GENERAL CONSTRUCTORS , INC. (NameofCON TRACTS R) 991 EXPLORER COVE, SUITE 101, ALTAMONTE SPRINGS, FL 32701 (Address of CONTRACTOR) a CORPORATION hereinafter after called (corporation,Partneramp,or individual) Principal, and NORTH AMERICAN SPECIALTY INSURANCE COMPANY (Norrie of Surety) 13010 MORRIS ROAD, SUITE 150, ALP HARETTA, GA 30004 (Address of Surety) hereinafter called Surety, are held and firmly bound unto Q1 mter apn Lngsfloridg, hereinafter called OWNER, in'the full and just Sum of SEVEN HUNDRED EIGHTY ONE THOUSAND SEVEN HUNDRED FIFTY NINE AND 371100 DOLLARS, { _ 781,759.37 lawful money of the United Star , for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred ton percent(110%) of the Contract Price. N1 'M DF .TI 0 I,,F I s 'the Prin. cipal.,-onte d", 51no i�THISDSLIGA ch.. at whereas, re E f th, -OWNER�Clad the-,-' diaiy:O 6to", Stoe ainX ment wi a and made a part hereof the construction of Win t r�jLn!MIL§k!!��tSC6�s- The Surety shall II alternative dispute resolution awards and settlements to ft same extent as CONTRACTOR is bound. NOW, THEREFORE, the Condition of this obligation is such that if Principal shall promptly make payments to all claimants as defined in Section 255-05(l), Florida Statutes, supplying Principal with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the Work provided for in the Agreement then this obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 1. This Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as the same may be amended. 2. Therefore, a claimant except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or supplies shall, within forty-five (45) days after beginning to furnish labor, Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR wI th a notice that he intends to look to the Bond for protection. A claimant who is BOND NO. 201310 not in phvity with the CONTRACTOR and who has not received payment for his labor, Materials or supplies shall within ninety (90) days after performance of the labor or completion of delivery of the Materials or supplies, or, with respect to rental equipment, within 90 days after the date that the rental equipment was last on the job site available for use, deliver to the CONTRACTOR and to the Surety written notice of the performance of the labor or delivery of the Materials or supplies and of the nonpayment. No action for the labor, Materials, or supplies may be instituted against the CONTRACTOR or the Surety on the bond after one (1) year from the performance of the labor or completion of the delivery of the Materials or supplies. 3. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall remain in KAI force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowtedge or.consent, (H) waivers of compliance with or any default under the Agreement granted by OWNER to Principal without the Surety's Knowledge or consent or(iii) the discharge of Principal from its obligations under the Agreement as a result of any proceeding initiated under The Bankruptcy Code of 1978, as the same may bo.amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. . 4. Any changes in or under the Agreement or Contract Documents and compliance or noncompliance wM any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and.,Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with the Change Orders (unilateral and bilateral) or other modifications to the -Contract Documents,-- Agreement or The zP I a -Afre., aym,an v 'mounts: .each -Bond, 4nd" e*,r_o are t d of rforniance Zone; are separate and distinct from each other. o� BOND NO. 201310 IN WITNESS WHEREOF, this instrument is executed this the day of CCI GENERAL QL4STRO ORS, IN (principal) ( ri pat) Secretary By (S nature) SHARON L. FIERRO TIMOTHY Jj FIERSO, PRESIDENT Typed Name Typed Name afid Tom 991 EXPLORER COVE,SUITE 101 ( Addrew ALTAMONTE SPRINGS, FL 32701 ww;wto Principal city,shes,Jbp SHARON L. MAGARTHUR Typed to l SUSAN GRIFFEE Typed Name A EST: a_QRTH.: 9 I A P Y : SUP `;CE C, PA Y' (surety) Secretary safety E, !V ITI- i 770-442-7870 Typed Noma Telephone o. 770-44-9-7,279 WItneor as to Surety Afforney-in-Fact DEBORAH . WHITING l' N LADE Typed Name Typed i c 220 S. RIDGEWOOD AE. t P. 0. BOX 2412 witne&as to Suretv Address JENNIFER S BJEK DAYTONA BEACH, 32115 Typed Name City,State,Zlp 386-252-9601 386-239- 729 Telephone No. Facsimile , BOND O. 201310 NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is Partnership, all partners shall execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Depamment's most current list (Circular 570 as amended) and be authorized to transact busI ness in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified copy of Power-of-Attomey appointing individual Adomey-in-Fact for execution of Payment Bond on behalf of Surety. J - NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERALP E OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under Iowa of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of Arizona and having its principal office in the city of Itasca, Illinois,each does hereby make,constitute and appoint: DONALD P.BRAMLAGE&JIM W.HENDERSON JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of. TEN MILLION(10,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24!h of March,2000: "RESOLVED,that any two of the President,any Senior Vice President,any Vice President,any Assistant Vice President,the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company, and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." arrv;w-ac A\\ As Gas an,, a, so a ti�Eph�" to,se o 4'so a eg gn.`o, By AS Al. 41 F, so Daniel Q Gibson,VP,CFO&Treasurer of North American Specialty Insurance Company&Washington rl co-KORPORATE =4 International Insurance Company A ii oe Pito:jEF, ;SEAL ate: C s N, ' . o y -A gb �Sx a a a 54! By 'is SoIjIll i , spa" AF Steven P.Anderson,Sr.Vice President of Washington Interne Aco International Insurance Company& Vice President of North American Specialty Ineurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 19 day of July 20 01 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of DuPage as: 19 day of July 2001 ,before me,a Notary Public personally appeared and Daniel G.Gibson ,VC CFO and Treasurer of both aforementioned companies and Steven P.Anderson Sr.Vice President of Washington Inte rnational Insurance Company and Vice President of No American Specialty Insurance Company personally known to me,who being by me duly swom,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrament to be the voluntary act and deed of their respective companies. ----------------- L _OL!�Clsdc=_ ---600KEL�_L YASPAN A PATEL N WPUUUCI;STAkTE OF iLUPAOM ee, Yasmin A.Patel,Notary Public I, Robert I.Cate the duly elected VP&Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a role and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in fall force and effect, IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this—day of 20 Robert I.Cate,VP&Assistant Secretary AC'0RD OP ID in 'DDIM . CERTIFICATE OF LIABILITY INSURANCENNE-20 ��0211.3/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Brown & Brown, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 2600 Lake Lucien Dr. , Ste. 330 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Maitland FL 32751-7234 Pho : 40660-8282 Fax40660-202 INSURERS AFFORDING ne 7- : 7- 1 COVERAQI�, INSURED INSURER A: Auto Owners Ins. Cc INSURER tMAECCI General Constructors Inc. ..INSURER C" 991 Explorer cove #161 INSURER D: 2 Altamonte Springs Fl, 32701 COVERAGES INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR POLI CTEFrii(JAVE-1 POLICY EXPIRSN`10.N LTR TYPE OF INSURANCE —POLICY NUMBER DATE IMMIDDWYI DATE(MMIDD" LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A _X COMMERCIAL GENERAL LIABILITY 20529922-02 04/01/02 04/01/03 FIRED AGE(Any one fire) 1 $50,000 CLAIMS MADE [:*] OCCUR NED RAP(Any one person) J PERSONAL A POP INJURY '000 GENERAL AGGREGATE $ 1,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG 111 1,0 0 0,0 0 0 POLICY[X I PHI- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 000000 A I X I ANY AUTO 96-375-066-00 04/01/02 04/01/03 (Ea accident) $ 1, , ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS H BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ -GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ADD $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $2,000,000 A X (OCCUR CLAIMS MADE 95-421-329-00 04/01/02 04101103 AGGREGATE —$2,000,000 $ DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND TO R7 I- ER EMPLOYERS'LIABILITY -37762 LIILM�ITS i B 001-WCO2A 04/01/02 04/01/03 E.L.L EACH ACCIDENT_ $ 1,000,000 .— _ L_ — E.L.DISEASE-EA EMPLOYEE! $ 1,000,000 E.L.DISEASE-POLIGY LIMIT i $1,000,000 O ER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS PROJECT. WINTER SPRINGS STREETS CAPE. CERTIFICATE HOLDER N I ADDITIONAL INSURED;INSURER LETTER: CANCELLATION WINTERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL -3-Q—DAYS WRITTEN CITY OF WI NGS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL RON MICLEMORE, CITY MGR IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1126 E STATE RD. #434 WINTER SPRINGS ED 32708 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ,Ken L. Below, CLU, WAS ACORD 25-S(7197) CACORD CORPORATION 1988