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HomeMy WebLinkAboutAPAC - Florida Agreement Form -2002 06 12AGREEMENT FORM THIS AGREEMENT is made and entered into this %~ day of June, 2002, by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, hereinafter referred to as "City", located at 1126 East State Road 434, Winter Springs, FL 32708, and APAC -Florida, Inc. a Florida corporation hereinafter referred to as "Contractor". WITNESSETH: and WHEREAS, City wishes to provide asphalt resurfacing for various City streets, WHEREAS, Contractor participated in the selection and negotiation process; and WHEREAS, Contractor is willing to provide such asphalt resurfacing construction services (Services) under the terms and conditions stated herein and in accordance with the Contract Documents; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows:- 1.0 RECITALS 1.1 The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by reference. 2.0 TERM AND DEFINITIONS TERMS 2.1 The Contractor shall complete the work within 60 days from the effective date of the Notice to Proceed. 2.2 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 2.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expenses, and difficulties involved in proving in a legal arbitration proceeding the actual loss suffered by Owner if the Work is not substantially completed 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 $200.00 for each day that expires after the time specifies in paragraph 2.1 for final completion of the work is finally completed, and that Owner has paid to Contractor the sum of Ten ($10.00) Dollars as consideration for this provision. 2.3 The Owner will pay the Contractor in current funds for the performance of the work, subject to additions and deletions by Change Order, the total contract price of One hundred thirty five thousand seven hundred fifty three dollars and sixty five cents ($135,753.65). Payments will be made to.the Contractor for actual quantities installed on the basis of the Schedule of Unit PricQs included as part of its Bid, which shah be as fully a part of the Contract as if attached or repeated herein. DEFINITIONS 2.4 The following words and phrases used in this Agreement shall have the following meaning ascribed to them unless the context clearly indicates otherwise: a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this Agreement, as amended from time to time, which shall constitute authorization for the Service Provider to provide the landscaping services approved by the City. b. "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not go into effect until said date. c. "Contractor" shall mean APAC-Florida. Inc., a Florida corporation, and its principals, officers, employees, and agents. d. "Public Record" shall have the meaning given in Section 119.011(1), Florida Statutes. e. "Work" or "Services" shall be used interchangeably and shall include the performance of the work agreed to by the parties in this Agreement. f. "City Project Manager" shall mean the Public Works/Utilities Director for the City, or his designee. 3.0 SCOPE OF SERVICES 3.1 Contractor shall provide construction services for the resurfacing of the asphalt surfaces of various City streets, including the furnishing of all labor, equipment and materials, and the performing of all operations necessary as described in the Bid Form, Invitation for Sealed Bid, Bid Number ITB-015-02/AH. 4.0 CHANGES IN THE SCOPE OF WORK 4.1 City may make changes in the scope of work at any time by giving written notice to Contractor. Ff ~.~uch changes increase or decrease or eliminate any amount of Work, City and Contractor negotiate any change in total cost or schedule modifications. If the City and the Contractor approve any change, the Contract will be modified in writing to reflect the changes. City and Service Provider's designated representative shall authorize all change orders in writing. ~. 4.2 All of City's amendments thereto shall be performed in strict accordance with the terms of this Agreement insofar as they are applicable. 5.0 SCHEDULE 5.1 Contractor shall perform Services in conformance with the schedule reasonably established by the City Project Manager. Contractor shall complete all of said Services in a timely manner and will keep City apprized of the status of work as reasonably requested by the City. Should Contractor fall behind on the established schedule, it shall employ such resources so as to comply with the schedule. 5.2 No extension of time for completion of Services shall be granted to Contractor without City's prior written consent. 6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF CONTRACTOR 6.1 General Bid Services. The City shall pay Contractor for Services actually performed based on the Bid Form and approved construction schedule. The total amount paid to Contractor for the Services under this agreement shall not exceed the amount of the bid plus any authorized Change Orders. 6.2 Additional Services. From time to time during the term of this Agreement, City may request that Contractor perform additional Services not required under the Bid Form, City agrees to pay Contractor a total amount equal to that mutually agreed upon by the parties in writing and authorized by a properly execute Change Order. 6.3 Payment. Upon receipt of a proper invoice from Contractor, the City agrees to pay the Contractor the invoice amount providing said amount accurately reflects the terms and conditions of this Agreement. Invoices may be submitted on a monthly basis using the "Application for Payment" form (Section 00680) unless otherwise agreed by the City. There shall be no other compensation paid to the Contractor and its principals, employees, and independent professional associates and consultants in the performance of Work under this Agreement. The City agrees to make all payments due within thirty (30) days of receipt of a proper invoice delivered by Contractor. The Contractor may only bill the City for actual work performed. 7.0 RIGHT TO INSPECTION 7.1 City or its affiliates shall at all times have the right to review or observe the Services performed by Contractor. 7.2 No inspection, review, or observation shall relieve Contractor of its responsibility under this Agreement. 8.0 AUDIT AND INSPECTIONS 8.1 All Contractor's records with respect to any matters covered by this Agreement shall be made available -to the City, at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Contractor within thirty (30) days after receipt by the Contractor. Failure of the Contractor to comply with the above audit requirements shall constitute a material breach of this Agreement and may result, at the sole discretion of the City, in the withholding of payment for Services provided under this Agreement. 9.0 PROFESSIONALISM AND STANDARD OF CARE 9.1 Contractor shall do, perform and carry out in a professional manner all construction Services required to be performed by this Agreement. Contractor shall also use the degree of care and skill in performing the Services that are ordinarily exercised under similar circumstances by reputable members of Contractor's profession working in the same or similar locality as Contractor. 10.0 SUBMITTAL OF PROGRESS REPORTS 10.1 Upon request by the City, Contractor shall submit a written progress report as the status of all Work set forth in this Agreement. The report shall in a sufficient manner to demonstrate that any funds expended were used to provide the agreed-upon Services. If the detail is not sufficient in the City Project Manager's reasonable discretion to permit the City to determine the Work performed or the manner in which it is being performed, the City may seek more detail from the Contractor. 11.0 WARRANTY OF PROFESSIONAL SERVICES 11.1 The Contractor (for itself and any of its employees, contractors, partners, and agents used to perform the Services) hereby warrants unto the City that all of its- employees (and those of any of its contractors, partners, and agents used to perform the Services) have sufficient experience to properly complete the Services specified herein or as may be performed pursuant to this Agreement. In pursuit of any Work, the Contractor shall supervise and direct the Work, using its best skill and attention and shall enforce strict discipline and good order among its employees. The Contractor shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority hearing on the performance of the Work. 12.0 CORPORATE REPRESENTATIONS BY CONTRACTOR 12.1 Contractor., hereby represents and warrants to the City the following: a. Contractor is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified. and authorized to carry on the functions and operations sit forth in this Agreement. b. The undersigned signatory for Contractor has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by Contractor has bash duly authorized by the board of directors and/or president of Contractor. In support of said representation, Contractor agrees to provide a copy to the City of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. Contractor is duly licensed under all local, state and federal laws to provide the Services stated in paragraph 3.0 herein. In support of said representation, Contractor agrees to provide a copy of all said licenses to the City prior to the execution of this Agreement. 13.0 WORK IS A PRIVATE UNDERTAKING 13.1 With regard to any and all Work performed hereunder, it is specifically understoodand agreed to by and between the parties hereto that the contractual relationship between the City and Contractor is such that the Contractor is an independent contractor and not an agent of the City. The Contractor, its contractors, partners, agents, and their employees are independent contractors and not employees of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the City, on one hand, and the Contractor, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 14.0 PROGRESS MEETING 14.1 City Project Manager may hold periodic progress meetings on a monthly basis or more frequently if required by the City, during the term of work entered into under this Agreement. Contractor's Project Manager and all other appropriate personnel shall attend such meetings as designated by the City Project Manager. 15.0 SAFETY 15.1 Contractor shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing. Services provided hereunder. 16.0 INSURANCE 16.1 Liability Amounts. During the term of this Agreement, Contractor shall be responsible for providing the types of insurance and limits of liability as herein set forth: a. The Contractor shall maintain comprehensive general liability insurance in the minimum amount of $1,000,000 as the combined single limit for each occurrence to protect the Contractor from claims of property damages which may arise from any Services performed under this Agreement whether such Services are performed by the Contractor or by anyone directly employed by or contracting with the Contractor. b. The Contractor shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the Contractor from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non-owned autorx~obiles, including rented automobiles whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor. c. The Contractor shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of $1,000,000 for all of its employees performing Work for the City pursuant to this Agreement. 16.2 Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the City by Contractor upon the Effective Date of this Contract which satisfied the insurance requirements of paragraph 16.0. Renewal certificates shall be sent to the City 30 days prior to any expiration date. There shall also be a 30-day advance written notification to the City in the event of cancellation or modification of any stipulated insurance coverage. The City shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time. 16.3 Independent Associates and Consultants. All independent contractors or agents employed by Contractor to perform any Services hereunder shall fully comply with the insurance provisions contained in this paragraph. 17.0 COMPLIANCE WITH LAWS AND REGULATIONS 17.1 Contractor shall comply with: all requirements of federal, state, and local laws, rules, regulations, standards, and/d'r ordinances applicable to the performance of Services under this Agreement. 18.0 DOCUMENTS 18.1 Public Records. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Contractor and its independent contractors and associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Contractor. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the Contractor is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's City Manager. Upon request by the City, the Contractor shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the Contractor be open and freely exhibited to the City for the purpose of examination and/or audit. 18.2 The Contractor acknowledges that the City is a Florida municipal corporation and subject to the Florida Public Records Law. Contractor agrees that to the extent any document produced by Contractor under this Agreement constitutes a Public Record, Contractor shall comply with the Florida Public Records Law. 19.0 ASSIGNMENT 19.1 Contractor shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior written consent of City. 19.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by Contractor, Contractor shall be fully responsible to City for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. 19.3 If City determines that any subcontractor is not performing in accordance with this Agreement, City shall so notify Contractor who shall take immediate steps to remedy the situation. 19.4 If Contractor subcontracts any part of this Agreement, prior to the commencement of any Work by the subcontractor, Contractor shall require the subcontractor to provide City and its affiliates with insurance coverage as set forth by the City. 20.0 TERMINATION; DEFAULT BY CONTRACTOR AND CITY'S REMEDIES 20.1 The City reserves the right to revoke and terminate this Agreement and. rescind all rights and privileges associated with this Agreement, without penalty, in the following circumstances, each of which shall represent a default and breach of this Agreement: a. Contractor defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within fourteen (14) calendar days after written notice from the City specifying the default complained of, unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within fourteen (14) calendar days, in which case the Contractor shall have such time as is reasonably necessary to remedy the default, provided the Contractor promptly takes and diligently pursues such actions as are necessary therefor; or b. Contractor is adjudicated bankrupt or makes any assignment for the benefit of creditors or Service Provider becomes insolvent, or is unable or unwilling to pay its debts; or c. Contractor has acted negligently, as defined by general and applicable law, in performing the Services hereunder; or d. Contractor has committed any act of fraud upon the City; or e. Contractor has made a material misrepresentation of fact to the City while performing its obligations under this Agreement. f. Contractor is experiencing a labor dispute which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right or remedy City may have under this Agreement. 20.2 Notwithstanding the aforementioned, in the event of a default by Contractor, the City shall have the right to exercise any other remedy the City may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, City shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination. 21.0 FORCE MAJEURE 21.1 Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving Contractor's labor force); extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 22.0 GOVERNING LAW & VENUE 22.1 This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 23.0 HEADINGS 23.1 Paragraph headings are for the convenience of the. parties only and are not to be construed as part of this Agreement. 24.0 SEVERABILITY 24.1 In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the City, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable. 25.0 INTEGRATION: MODIFICATION 25.1 The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 26.0 WAIVER AND ELECTION OF REMEDIES 26.1 Waiver by either party of any terms, or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. 26.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. 27.0 THIRD PARTY RIGHTS 27.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Contractor. 28.0 PROHIBITION AGAINST CONTINGENT FEES 28.1 Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee,~ivorking solely for the Contractor, to solicit or secure this Agreement, 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 Agreement. 29.0 NO JOINT VENTURE 29.1 Nothing herein shall be deemed to create a joint venture or principal- ~gent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would' indicate any such relationship with the other party. 30.0 ATTORNEY'S FEES 30.1 Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled, to the extent permitted by law, to - recover from the non-prevailing party the costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. 31.0 COUNTERPARTS 31.1 This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 32.0 DRAFTING 32.1 City and Contractor each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 33.0 NOTICE 33.1 Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For Contractor: For Citv: City of Winter Springs Public Works Superintendent 110 N. Flamingo Ave. Winter Springs, FL 32708 Phone: (407) 327-2669 Facsimile: (407) 327-4751 33.2 Either party may change the notice address by providing the other party written notice of the change. 34.0 SOVEREIGN IMMUNITY 34.1 Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. 35.0 INDEMNIFICATION 35.1 For all Services performed pursuant to this Agreement, the Contractor agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its commissioners, employees, officers, and city attorneys (individually and in their official capacity) from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative, trial and appellate proceedings), directly or indirectly arising from: a. Any default under this Agreement by Contractor, b. Any negligent act, omission or operation of work related to all Services performed under this Agreement by Contractor, and its employees, principals, agents, independent contractors, and consultants. c. The acts, errors, omissions, intentional or otherwise, arising out of or resulting from Contractor's and its employees, partners, contractors, and agents on the performance of the Services being performed under this Agreement; d. Contractor, and its employees, partners, contractors, and agents failure to comply with the provisions of any federal, state, or local laws, ordinance, or regulations applicable to Contractor and its employees, partners, contractors, and agents performance under this Agreement; e. Any fraud and misrepresentation conducted by Contractor and its employees, partners, contractors, and agents on the City under this Agreement. 35.2 The indemnification provided above shall obligate the Contractor to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability algid all suits and actions of every name and description that may be brought against the City or its commissioners, employees, officers, and City Attorney which may result from any negligent act, omission or operation of work related to the Services under this Agreement whether the Services be performed by the Contractor, Subcontractor, or anyone directly or indirectly employed by them. In all events the City and its commissioners, employees, officers, and City Attorney shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. 36.0 ORDER OF PRECEDENCE 36.1 In case of any inconsistency in any of the documents bearing on the Agreement between the City and the Contractor, the inconsistency shall be resolved by giving precedence in the following order: a. Contractor's Bid (Proposal), Agreement, and Addenda b. Change Orders c. Special Conditions d. General Conditions e. Instructions to Bidders f. Drawings g. Advertisement 36.2 Any inconsistency in the work description shall be clarified by the City and performed by the Contractor. 37.0 AGREEMENT INTERPRETATION 37.1 At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Agreement or specifications, the City at its sole discretion will interpret the intent of the Agreement and work descriptions and the Contractor hereby agrees to abide by the City's interpretation and agrees to carry out the work in accordance with the decision of the City. 37.2 When the material, article, or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The Contractor will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the City. A substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified. The City has full discretion to decide whether a substitute is reasonably equivalent. Contractor must notify the City prior to use of the substitute for a specified brand name and allow the City to make a determination before Contractor uses the substitute. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. CONTRACTOR: .----,. ~~~- ~G~ f~~ ~r~~i~ --mac. Name ~s-s s~ 4i 9 ~ ~ ~ sP~--~. ~~, . ~~) 32 7 0~~0 Address and Telephone Number By a.k- ~ ~,.~ y~ Dated ~o • lt-} • o'v J CITY: CITY OF WINTER SPRINGS, FLORIDA AT By: ~By: gated ~ ~ a-/o ~. ~f'~~ RON LD W. CLEMCRE City Manager ANDREA L~ O~NZO-LUACES City Cler ~ ~ ATTACHMENT N0.2 BID NUMBER: ITB-015-02/AH ASPHALT RESURFACING FOR VARIOUS CITY STREETS BID CLOSING: MAY 29, 2002 Bid Closing Was Called By: Nancy Vobornik, Purchasing Coordinator Bid Opened: 3:00 p.m. Bid Closed: 3:04 p.m. ~` Witnesses: Alan Hill, Superintendent, Public Works Department Holly Pierstorff, Assistant To The City Clerk Four (4) Bids Received: 1. ORLANDO PAVING COMPANY AGENT: R. WAYNE EVANS, SR. VICE PRESIDENT, 1936 LEE ROAD, WINTER PARK, FLORIDA 32789 TELEPHONE: NOT PROVIDED FASCIMILIE: NOT PROVIDED BID AMOUNT: $150,732.20 2. APAC, FL. INC. AGENT: ILLEGIBLE, VICE PRESIDENT, 655 STATE ROAD 419, WINTER SPRINGS, FLORIDA 32708 TELEPHONE: (407) 327-0470 FASCIMILIE: NOT PROVIDED BID AMOUNT: $169,080.25 3. THE MIDDLESEX CORPORATION AGENT: ROBERT W. PEREIRA II, VICE PRESIDENT, ONE SPECTACLE POND ROAD, LITTLETON, MASSACHUSETTS 01460 TELEPHONE: (978) 742-4400 FASCIMILIE: (978) 742-4455 BID AMOUNT: $165,086.82 4. RANGER CONSTRUCTION INDUSTRIES, INC. AGENT: MARK VEILLETTE, VICE PRESIDENT, 125 NORTH RIDGEWOOD AVENUE, SUITE 301, DAYTONA BEACH, FLORIDA 32114 TELEPHONE: NOT PROVIDED FASCIMILIE: NOT PROVIDED BID AMOUNT: $169,760.50 Holly Pierstorff, Assistant To The City Clerk City of Winter Springs Copy: Mr. Kip Lockcuff, Director, Public Works Department Ms. Nancy Vobornik, Purchasing Department Docs\Word\BIDS\IiESULTS\Fy0102\ITB-OIS-02 AH.doc PERFORMANCE AND PAYMENT BOND (Public Work) In compliance with F.S. Chapter 255.05(1)(a) Bond No.: 14-000-020-0420 CONTRACTOR: Name: Apac-Florida, Inc., MACASPHALT DIVISION Address: P.O. Box 196610 Winter Springs, FL 32719-6610 Phone No. (407) 327-0470 SURETY: Name: Liberty Mutual Insurance Company Address: 600 W. Germantown Pike, #300 Plymouth Meeting, PA 19462 Phone No. (610) 832-8200 OWNER: Name: City of Winter Springs Address: 1126 E. SR 434 Winter Springs, FL 32708 Phone No. OBLIGEE: (If contracting entity is different from the owner, the contracting public entity) Name: Address: Phone No. Bond Amount: $149,329.02 Contract No. (if applicable) ITS 015-02/AH Description of Work: Asphalt Resurfacing of Various City Streets Project Location: City of Winter Springs, Florida Legal Description: FRONT PAGE All other Bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be re-printed thereon.