HomeMy WebLinkAbout2002 10 14 Consent E Construct a Water Distribution Main
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COMMISSION AGENDA
ITEM E
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
October 14, 2002
Meeting
MGR jj~!DEPT ///J/
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Authorization
REQUEST: Utility Department Requesting City Commission Approval to enter into a
contract to Construct a Water Distribution Main.
PURPOSE: The purpose of this Board item is to request authorization to enter into a
contractual agreement with Sunshine Building and Development Corporation to
construct a potable water distribution main at a cost of $131,371.60 from Water
Treatment Plant #1 on Northern Way to Tuskawilla Road.
. CONSIDERATIONS:
This project is part of the planned improvements of the potable water
system to meet the needs of projected growth. This project was advertised for and
sealed proposals were opened on September 11,2002, under RFP No. ITB 021-
, 02/GE.
.
There were four (4) bids received. The low bidder was Sunshine Building
and Development Corporation of Longwood with a bid of at $131,371.60. The
Sunshine Building and Development Corporation submittal meets the
requirements delineated in the RFP. The City Clerks summary is attached.
The scope of work includes the installation of a 16-inch potable water
main from Water Treatment Plant #1 located on Northern Way through the
Florida Power Easement to Tuskawilla Road. It will connect from the plant to the
existing 12-inch potable water main located on the east side of Tuskawilla Road
and improve system pressures and volumes to the north central areas of the City.
There are additional requirements of this contract to install a 3-inch PVC fiber
optic conduit with associated pull boxes in the same easement to the Water Plant
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Consent Agenda Item E
October 14,2002
Page 2
and Fire Station #26 on Northern Way connecting with an existing pull box
located on the west side of Tuskawilla Road. Fencing replacement around the
plant and at the power easement are also included.
FUNDING:
The funding for this project is budgeted in the current fiscal year in the
Utility Enterprise Fund 2000 Construction Fund Capital Improvements - 2000
Utility Fund. The amount budget for this project is $200,000.
RECOMMENDA TION:
It is recommended that authorization be given to enter into a contractual
agreement with Sunshine Building and Development Corporation to construct a
16-inch potable water main at a cost of $131,371.60 plus 10% contingency
payable from the Utility Enterprise Fund 2000 Construction Fund Capital
Improvement line code - 3640-56310.
IMPLEMENT A TION SCHEDULE:
The scop~ of work will be completed within 90 days of approval.
A TT ACHMENTS:
1. Agreement Form
2. City Clerk Summary RFP No. ITB 021-02/GE
COMMISSION ACTION:
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Attachment 1
AGREEMENT FORM
THIS AGREEMENT MADE THIS DAY OF , 200_ 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 Sunshine Buildinq and
Development Corporation, State of Florida, 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, at, Winter Springs, FL. 32708 for the Distribution Water Main
Improvements.
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 Index 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 1Q days after the
issuance of a written Notice to Proceed and shall complete the work within 90 calendar days
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 proceeding 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 one hundred thirty-one thousand
three hundred seventy-one Dollars and sixty cents ($131,371.60). Payments will be made
to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit 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 of the
contract price to CONTRACTOR, on the basis of application for payments submitted to the City
or their authorized representative, by CONTRACTOR as the work progresses, and in
accordance with the Contract Documents.
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Progress payments may be withheld if:
(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 filed on the job; or
(F) In the opinion of the City of Winter Springs, Contractor's 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;
(B) Work that does not comply with the Contract Documents:
(C) Outstanding claims of liens; or
CD) 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 George F.
Edwards, P.E. 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.
b.
Inspections. Opinions. and ProQress 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 site. The OWNER will not be responsible for the means of
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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
Owner's claim regarding defective work by Contractor.
d.
Interpretation of Contract Documents: Decisions on Disputes. The OWNER will be
the initial interpreter of the contract document requirements, and make decisions on
claims and disputes between Contractor and Owner.
e.
Reiection and Stoppaqe of Work. The OWNER shall have authority to reject work
which 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 work. CONTRACTOR shall supervise
and direct the work, and give it all attention necessary for such proper supervision and
direction.
b. DisciOline and Emplovment. CONTRACTOR shall maintain at all times 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. Furnishinq 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 shall
secure all licenses and permits necessary for proper completion of the work, paying the
fees therefor. 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.
e.
CONTRACTOR will provide written guarantee for work and materials for one (1)
calendar year after acceptance by OWNER.
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10.
BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in
accordance with Florida law and to the satisfaction of OWNER, in an amount specified
in the Contract Documents.
11. MEDIATIONNENUE - The parties agree that should any dispute arise between them
regarding the terms or performance of this Agreement, both parties will participate in a
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
in the presence of:
Contractor:
Name
Address and Telephone
,
Date
OWNER:
CITY OF WINTER SPRINGS
By: Ronald W. McLemore
City Manager
1126 East State Road 434
Winter Springs, FL. 32708
407 -327 -1800
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Attachment 2
BID NUMBER: ITB-021-02/GE
DISTRIBUTION WATER MAIN IMPROVEMENTS
BID CLOSING: SEPTEMBER 11, 2002
Bid Closing Was Called By:
Nancy Vobornik, Purchasing Coordinator
Bid Opened:
Bid Closed:
3:01 p.m.
3:04 p.m.
Witnesses:
Kipton D. Lockcuff, Public Works/Utility Department Director
Holly Pierstorff, Assistant To The City Clerk
Four (4) Bids Received:
1. CA THCART CONTRACTING COMPANY
AGENT: JOHN T. CATHCART, PRESIDENT
ADDRESS: 1757 WEST BROADWAY STREET, SUITE 3, OVIEDO, FLORIDA 32765
TELEPHONE: (407) 366-1022
BID AMOUNT: $151,301.39
2.
SCHULLER CONTRACTORS, INC.
AGENT: ALEXANDER CAPUTO, SECRETARY
ADDRESS: 8046 A PRESIDENTS DRIVE, ORLANDO, FLORIDA 32809
TELEPHONE: (407) 855-5572
FACSIMILE: (407) 855-4922
BID AMOUNT: $145,717.00
3. PRIME CONSTRUCTION GROUP, INC.
AGENT: REYNOLDS C. HOLIMAN, VICE PRESIDENT
ADDRESS: 1000 JETSTREAM DRIVE, ORLANDO, FLORIDA 32824
TELEPHONE: (407) 856-8180
FACSIMILE: (407) 856-8182
BID AMOUNT: $131,915.00
4. SUNSHINE BUILDING AND DEVELOPMENT CORP.
AGENT: JOHN T. BUSH, PRESIDENT
ADDRESS: 291 ANCHOR ROAD, CASSELBERRY, FLORIDA 32707
TELEPHONE: (407) 339-6721
FACSIMILE: (407) 331-7542
BID AMOUNT: $131,371.60
Holly Pierstorff, Assistant To The City Clerk
City of Winter Springs
Copy: Mr. Kip Lockcuff, Director, Public Works Department
Ms. Nancy Vobornik, Purchasing Department
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FlORIDA 32708-2799
Telephone (407) 327-1800
Fax (407) 327-6695
NOTICE TO PROCEED
TO: Sunshine Buildina and Development Corporation
291 Anchor Road
Casselberry. Florida 32707
THE EFFECTIVE DATE OF THIS NOTICE IS NOVEMBER 11. 2002
PROJECT: Distribution Water Main Improvements
)
You are hereby notified to commence WORK in accordance with the Agreement
dated November 1. 2002. In accordance with the Agreement, all work shall
commence within 10 days of the date of this Notice to Proceed and shall be
substantially complete within 90 calendar days of the date of this Notice to
Proceed. Therefore, the date of Final completion is February 7.2002.
By
(~4
Greaory A. Bishop. Capital Proiects Coordinator
(Printed Name and Title)
ACCEPTANCE OF NOTICE
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Receipt of the above NOTICE TO PROCEED IS HEREBY ACKNOWLEDGED by
this day of '
(Signature)
(Printed Name and Title)
NOTICE OF AWARD FORM
TO: John T. Bush, President
Sunshine Building and Development Corporation
291 Anchor Road
Casselberry, Florida 32707
PROJECT DESCRIPTION: DISTRlBUnON WATER MAIN IMPROVEMENTS
The OWNER has considered the BID submitted by SUNSHINE BUILDING and
DEVELOPMENT CORPORATION for the above-described WORK in response to the
Advertisement for Bids dated August 18, 2002, and Instructions to Bidders.
You are hereby notified that your BID in the amount of $131,371.60 for BID items
contained in the Bid Schedule has been accepted.
You are required by the Instructions to Bidders to execute the Agreement and fumish the
required CONTRACTOR's Performance Bond, Payment Bond, and certificates of
insurance within ten (10) calendar days from the date of this Notice to you. If you fail to
execute said Agreement and to furnish said Bonds within ten (10) calendar days from
the date of this Notice, said OWNER will be entitled to consider all your 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.
Datedthl~ ;(I';'Yofalt , 2002.
~y ~M~
" . ':' Ron McL ore
OWNER:
Title City Manaaer
ACCEPTANCE OF NOTICE
Receipt and acceptance of the above NOTICE OF AWARD is hereby acknowledged by
this the 21rd day 0 , 2002.
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By
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AGREEMENT FORM
THIS AGREEMENT MADE THIS loSt DAY OF ~JMf/~ ,2002, 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 SUNSHINE BUILDING
AND DEVELOPMENT CORPORATION, State of Florida, 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 perfonn the work, in accordance with
the Contract Documents, at for the Distribution Water Main Improvements.
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 Fonn and Index to Drawings; all Addenda issued prior
to and all Change Orders issued after execution of this Agreement. These fonn 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 wof1( within 90 calendar days
from the date of the Notice to Proceed. Extensions, if any, are authorized by OWNER, and may
only be granted in writing.
4. LIQUIDATED DAMAGE~ - 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 proceeding 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 wof1( 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 perfonnance of the work, subject to additions and
deductions by Change Order, the Total Contract Price of One Hundred Thirty-one Thousand,
Three Hundred Seventy-one Dollars and Sixty Cents ($131,371.60). Payments will be made
to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit 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 of the
contract price to CONTRACTOR, on the basis of application for payments submitted to the City
or their authorized representative, by CONTRACTOR as the work progresses, and in
accordance with the Contract Documents.
Progress payments may be withheld if:
(A) Work is found defective and not remedied;
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(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 filed on the job; or
(F) In the opinion of the City of Winter Springs, Contractor's 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;
(B) 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: DU"(It;S
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 A.
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.
b. Insoections. ODinions. and Progress ReDorts. The OWNER shall be kept familiar
with the progress and quality of the work by CONTRACTOR and may make periodic
visits to the work site. The OWNER will not be responsible for the 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
Owner's claim regarding defective work by Contractor.
d. Interpretation of Contract Documents: Decisions on Disputes. The OWNER will be
the initial interpreter of the contract document requirements, and make decisions on
claims and disputes between Contractor and Owner.
e. ReJection and Stoopaae of Work. The OWNER shall have authority to reject work
which 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 QF 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 work. CONTRACTOR shall supervise
and direct the work, and give it all attention necessary for such proper supervision and
direction.
b. Oi$clDline and Emplovment. CONTRACTOR shall maintain at all times 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. Fumishina 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 Penn its. CONTRACTOR' shall
secure all licenses and permits necessary for proper completion of the work, paying the
fees therefor. 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.
e. CONTRACTOR will provide written guarantee for work and materials for one (1)
calendar year after acceptance by OWNER.
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10. BOND - CONTRACTOR shall supply a materials, performance and payment
bond(s) in accordance with Florida law and to the satisfaction of OWNER, in an
amount specified in the Contract Documents.
11. MEDIA TIONNENUE - The parties agree that should any dispute arise between
them regarding the terms or performance of this Agreement, both parties will
participate in a 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
in the presence of:
L C,JL-
.
Secretary
~ -
,
P.O. Box 180958, Casselberry,FL 3271l
Address and Telephone
407/339-6721
Date
OWNE~:. .';"
CITY OF\NINTER SPRINGS
R~J./. .~ ~
By: RciKald \1'.1. McLemore
City.Man~J~er .
1126 East'State Road 434.
Winter Springs, FL 32708- ~._.. .. -
407-327-1800 .
i
...
THE AMERICAN INSTITUTE OF ARCHITECTS
.
Bond #400SR0823
AM Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Sunshine Building & Development Corp.
P. O. Box 180958
Casselberry, FL 32718-0958
(407)339-6721
OWNER (Name and Address):
The City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708-2799 (407)327-1800
CONSTRUcrrON CONTRACT:
Date:
Amount: $131,371.60
Description (Name and Location): Distribution Water Main Improvements, Florida Power Easement from Tuskawilla
Road to Northern Way, Winter Springs, Florida
BOND
Date (Not earlier than Construction Contract Date):
Amount: $131,371.60
Modifications to thi d: D None IXl See Page 3
SURETY (Name and Principal Place of Business):
St. Paul Fire and Marine Insurance Company
P. O. Box 1138
Baltimore, MD 21203
(410)205-0524
CONTRACTOR A iP'
,,/
Company: Suns e
(~'~::'I)
Signat e.
Name and Title: Robert Corley McLendo
Attorney-in-Fact and
Licensed Resident Agent
nal signatures appear on page 3)
(FOR INFORMA 710N ONL Y-Name/ Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Fisher-Brown, Inc. other party):
PO Box 711
Pensacola, FL 32593-0711 (850) 432-7474
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. AlA C!>
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N. w., WASHINGTON, D. C. 20006
THIRD PRINTING. MARCH 1987
A312-1984 1
1 The Contractor and the 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 to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able 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; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through
independent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the 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
Paragraph 6 in excess of the Balance of the Contract
Price incurred by the Owner resulting from the
Contractor's default; or
4.4 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 deter-
mined, tender payment therefore to the
Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefore.
5 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen 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 Subparagraph 4.4, and the Owner refuses the
payment tendered 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.
6 After the Owner has terminated the Contractor's right to
complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
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. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the
Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the
Construction Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 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.
7 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 or
successors.
8 The Surety hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other
obligations.
9 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 Contractor
Default or within two years after the Contractor ceased
working or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. AlA Ill>
THE AMERICAN INSITITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N. W., WASHINGTON, 0, C, 20006
THIRD PRINTING. MARCH 1987
A312-1984 2
-.
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11 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 con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this Bond
shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 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 Con-
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor 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, re-
duced by all valid and proper payments made to or
on behalf of the Contractor under the Construction
Contract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
The provisions and limitations of Section 255.05 or Section 713.23
or Section 713.245, Florida Statues, whichever is applicable to
the contract, are incorporated In this bond by reference.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.}
CONTRACTOR AS PRINCIPAL
Company:
(Corporale Seal)
Signature:
Name and Title:
Address:
SURETY
Company:
(Corporate Seal}
Signature:
Name and Title:
Address:
AlA DOCUMENT A312 .PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.AIA @
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984 3
THE AMERICAN INSTITUTE OF ARCHITECTS
....
. .
Bond #400SR0823
AlA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Sunshine Building and Development Corp.
P. O. Box 180958
Casselberry, FL 32718-0958
(407)339-6721
SURETY (Name and Principal Place of Business):
St. Paul Fire and Marine Insurance Company
P. O. Box 1138
Baltimore, MD 21203
(410)205-0524
OWNER (Name and Address):
The City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708-2799
(407)327-1800
CONSTRUCTION CONTRACT
Date:
Amount: $131,371.60
Description (Name and Location): Distribution Water Main Improvements, Florida Power Easement from
Tuskawilla Road to Northern Way, Winter Springs, Florida
BOND
Date (Not earlier than Construction Contract Date): A
Amount: $131,371.60
CONTRACTOR AS PR
Company: Sunshine
o None
IX! See Page 6
Signature:
Name and Tit!
(Any additional signatures appear on page 6)
(FOR INFORMA TlON ONL V-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Fisher-Brown, Inc. other party):
PO Box 711
Pensacola, FL 32593-0711 (850) 432-7474
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA @
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., WASHINGTON, D. C. 20006
THIRD PRINTING. MARCH 1987
A312-1984 4
i
'+ ~ I
\
1 The Contractor and the 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 perfor-
mance of the Construction Contract, which is incorporated
herein by reference.
2 With respect to the Owner, this obligation shall be
null and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly,
for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is
for the payment for labor, materials or equipment fur-
nished for use in the performance of the Construction
Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the address
described in Paragraph 12) of any claims, demands,
liens or suits and tendered defense of such claims,
demands, liens or suits to the Contractor and the
Surety, and provided there is no Owner Default.
3 With respect to Claimants, this obligation shall be
null and void if the Contractor promptly makes pay-
ment, directly or indirectly, for all sums due.
4 The Surety shall have no obligation to Claimants
under this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract
with the Contractor:
.1 Have furnished written notice to the Contractor
and sent a copy, or notice thereof, to the
Owner, within 90 days after having last
performed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the
materials were furnished or supplied or for
whom the labor was done or performed; and
.2 Have either received a rejection in whole or in
part from the Contractor, or not received within
30 days of furnishing the above notice any
communication from the Contractor by which
the Contractor has indicated the claim will be
paid directly or indirectly; and
.3 Not having been paid within the above 30 days,
have sent a written notice to the Surety (at the
address described in Paragraph 12) and sent a
copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and
enclosing a copy of the previous written notice
furnished to the Contractor.
5 If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is suffi-
cient compliance.
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the
Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
6.2 Payor arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the amount
of this Bond, and the amount of this Bond shall be credited
for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the perfor-
mance 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 the Surety under
this Bond, subject to the Owner's priority to use the funds
for the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants
or others for obligations of the Contractor that are unrelat-
ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claim-
ant under this Bond, and shall have under this Bond no obli-
gations to make payments to, give notices on behalf of, or
otherwise have obligations to Claimants under this Bond.
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 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent juris-
diction in the location in which the work or part of the work is
located or after the expiration of one year from the date (1)
on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
labor or. service was performed by anyone or the last mate-
rials or equipment were furnished by anyone under the Con-
struction 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.
12 Notice to the Surety, the Owner or the Contractor
shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall be
sufficient compliance as of the date received at the
address shown on the signature page.
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 con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
AlA DOCUMENT A312 .PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. AIA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE" NW' WASHINGTON. DC 20006
THIRD PRINTING. MARCH 1987
A312-1984 5
\
Bond shall be construed as a statutory bond and not as a
common law bond.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion 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
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
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.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
The provisions and limitations of Section 255.05 or Section 713.23
or Section 713.245, Florida Statutes, whichever is applicable to
the contract, are incorporated in this bond by reference.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
AlA DOCUMENT A312 ..PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA i!ll
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING. . MARCH 1987
A312-1984 6
~. 1h~StRlul
POWER OF ATTORNEY
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Power of Attorney No.
20747
Certificate No.
1162328
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and that United States Fidelity and Gmuanty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do
hereby make, constitute and appoint
Lewis Donald Rushing, Gilbert Oswalt Bennett, Robert Harris Dixon, Alan Douglas Moore and
Robert Corley McLendon
Pensacola
Florida
of the City of , State , their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings n:;q~in:d or.pennitted in,any actions or proceedings allowed by law.
.~..~~,,". C '~); ~\\ ~
. . . .' ,,,\<. ~ 'is ".. <;,~, \I- 1 st December
IN WITNESS WHEREOF, the Compames have caused thiS IDstru11,le~t}9.be sl~.ned~nd'sell!~d:t91s' day of
~~..:-. .}~!.'~" <:'-.::~,:~ 1: ,~~
"1,) ..'. '\} "))~''',J>-'
Seaboard Surety Company .~ :-~., \;""f ~'" Y',G "~"'l:Jnited States Fidelity and Guaranty Company
St. Paul Fire and Marine Insurance 'Company <~\\;..,I Fidelity and Guaranty Insurance Company
St. Paul Guardian Insuran~~. Grii;pany~~<'; . \.', Fidelity and Guaranty Ins~rance Underwriters, Inc.
St. Paul Mercury Insurance Cpm~~liy' . .,.
,'\ '...~
\.\,
1999
o
~
t- :H~'
-;-Le.r/~
State of Maryland
City of Baltimore
THOMAS E. HUIBREGTSE, Assistant Secretary
1 st December 1999
On this day of , before me, the undersigned officer, personally appeared John F. Phinney and
Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and
Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
In Witness Whereof, I hereunt~ set my hand and official seal.
My Commission expires the 13th day of July, 2002.
~t~.~
REBECCA EASLEY-ONOKALA, Notary Public
86203 Rev. 7-2000 Printed in U.S.A.
Client#: 21552
SUNSHBUIL
,ACO.BIl.. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDlYY)
10/23/02
PRODUCER THIS CEI=lTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Fisher-Brown, Inc. Ost::v :A~D 'CONFERS NO RIGHTS UPON THE CERTIFICATE
1701 W. Garden Street H LDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER tHE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 711
Pensacola, FL 32593-0711 INSURERS AFFORDING COVERAGE
INSURED INSURER A: CNA Insurance Companies
Sunshine Bldg & Development CO INSURER B:
Attn: Amoret Larosa INSURER c:
P. O. Box 958 INSURER D:
I Casselberry, FL 32718 INSURER E:
COVERAGES
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 TYPE OF INSURANCE POLICY NUMBER Pgjl.pJI~~g~~ P~~fll~W~~N LIMITS
LTR
GENERAL LIABILITY EACH OCCURRENCE $
-
COM M ERCIAL GENERAL LIAS ILITY FIRE DAMAGE (Anyone tire) $
I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $
I-- PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
!--
~'L AGGREn LIMIT APASPER: PRODUCTS .COMP/OP AGG $
POLICY ~Wr LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
!-- $
ANY AUTO (Ea accident)
~
- ALL OWNED AUTOS BODILY INJURY
(Per person) $
SCHEDULED AUTOS
-
- HIRED AUTOS BODILY INJURY
$
NON-QWNED AUTOS (Per accident)
-
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $
=1 ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY , EACH OCCURRENCE $
:J OCCUR 0 CLAIMS MADE AGGREGATE $
$
==J DEDUCTIBLE $
RETENTION $ $
A WORKERS COMPENSATlON AND WC224762571 04/09/02 04/09/03 X ITv;,~nfJN;" I 10TH-
ER
EMPLOYERS' LIABILITY $500,000
E.L. EACH ACCIDENT
E.L. DISEASE. EA EMPLOYEE $500,000
E.L. DISEASE - POLICY LIMIT $500,000
OTHER
DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Re: Distribution Water Main Improvement
Wavier of Subrogation pertains to City of Winter
Springs.
CERTIFICATE HOLDER I I AD DmONAlINSURED; INSURER LETTER: CANCELLATION
SHOULD ANYOFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Winter Springs DATE THEREqF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3.0...-.. DAYS WRITTEN
1126 East S.R. 434 NOTICETOTH \ERTIFICATE HOLDER NAMED TOTHE LEFT, BUT FAILURE TO DO SO SHAlL
Winter Springs, FL 32708 IMPOS NOO L1tTlON OR LIABILITY OF. )PON TH E INSURER,ITS AGENTS OR
REPRE ENTA V S. I I
AUTHC IZEDF ~~E~~ TATlVE "CI L A'lV
I ~ .~(-
ACORD 25-5 719 . , @ ACORD CORPORATION 1988
7) 1 of 2
#S176531/M157717
WSZ
"\>.
.{, .
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD25-S(7197)2 of 2 #S176531/M157717
~; I
.,ACDBDru CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDDIYY)
10/23/02
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Fisher-Brown, Inc. . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1701 W. Garden Street .... HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 711
Pensacola, FL 32593-0711 INSURERS AFFORDING COVERAGE
INSURED INSURER A: CNA Insurance Companies
Sunshine Bldg & Development CO INSURER B: Ohio Casualty Group
Attn: Amoret Larosa INSURER c:
P. O. Box 958 INSURER D:
I Casselberry, FL 32718 INSURER E:
Client#: 21552
SUNSHBUIL
COVERAGES
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 TYPE OF INSURANCE POLICY NUMBER Pgk!fEY(~~~J{.'?~ p~~iJ (~X~W~~N
LTR LIMITS
A ~NERAL LIABILITY C1044619785 04/09/02 04/09/03 EACH OCCURRENCE $1 000 000
eX- ~ M ERCIAL GENERAL L1AB ILIlY FIRE DAMAGE (Anyone fire) $50.000
CLAIMS MADE W OCCUR MED EXP (Anyone person) $5,000
X PO Ded:250 PERSONAL & ADV INJURY $1 000 000
GENERAL AGGREGATE $2 000 000
~'LAGGREn ~~:APnSPER: PRODUCTS . COM PlOP AGG $2.000 000
POLICY JECT LOC
A ~OMOBILE LIABILITY C1044616496 04/09/02 04/09/03 COMBINED SINGLE LIMIT
X ANY AUTO (Ea accident) $1,000,000
- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
-
( .!.. HIRED AUTOS BODILY INJURY
.!.. (Per accident) $
NON-OWNED AUTOS
- PROPERTY DAMAGE $
(Per accident)
RAGE LIABILITY AUTO ONLY, EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
B EXCESS LIABILITY 52940348 04/09/02 04/09/03 EACH OCCURRENCE $8 000.000
t!J OCCUR D CLAIMS MADE AGGREGATE $8 000.000
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND IT~~~rfJN.~ I IOJ~-
EMPLOYERS' LIABILITY
E.L EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATlONSlLOCATlONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Re: Distribution Water Main Improvement
Wavier of Subrogation and Additional Insured in favor of City of Winter
Springs.
CERTIFICATE HOLDER I I ADDmONALINSURED'INSURERLElTER: CANCELLATION
SHOULD ANYOFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Winter Springs DATE THEREOF. THE ISSUING. INSURER WILL ENDEAVOR TOMAlL3.0.-DAYSWRllTEN
1126 East S.R. 434 NOllCI TO liE CERTIFICATE HOLDERNAMEDTOTHE LEFT, BUT FAILURE TO DOSOSHALL
Winter Springs, FL 32708 IMPOS N BLlGATlON OR LIABILIn-;ND UPON THE INSURER,ITS AGENTS OR
REPR SE~ TlVE
AUTH( RIZE REP "SENTA~ 1 f-:'y
I ~ ..("'-. . --p I
ACORD 25-S (J197) 1 of2 #S176525/M158165 , I WSZ @ ACORD CORPORATION 1988
~~.r.-
~
.,.
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S (7197) 2 of 2 #8176525/M158165