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HomeMy WebLinkAbout2003 01 27 Consent C Construct Landscape and Hardscape Improvements . . . COMMISSION AGENDA I ITEM C CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR January 27,2003 Meeting MGR jL-1DEPT jPf/ Authorization REQUEST: Public Works Department Requesting Approval to enter into a contract to Construct Landscape and Hardscape improvements for the Town Center on Hickory Grove Road and Tuskawilla Road. PURPOSE: The purpose of this Board item is to request authorization to enter into a contractual agreement with Gel/General Constructors, Inc to construct the hardscape and landscape improvements the Hickory Grove Park Road and Tuskawilla Road in the Town Center District at a cost of$781,759.37. CONSIDERA nONS: This project is needed to add amenities such as sidewalks, fountains, irrigation and landscaping along Hickory Grove Park Road and Tuskawilla Road north of State Road 434. Sealed bids were opened on November 13, 2002 under RFP No. ITB 023-02/KL. There were five (5) bids received. The low bidder was GCI/General Constructors, Inc of Altamonte Springs, Florida at $781,795.37. The Gel/General Constructors, Inc submittal meets the requirements delineated in the RFP. The City Clerks summary is attached. The scope of work includes installation of sidewalks, brick pavers, landscaping, and irrigation along Hickory Grove Park Road and Tuskawilla Road and in Market Square and Magnolia Square. The project also includes the construction of fountains, installation of signs, benches and decorative raised stone wall planters and stone benches in Market Square and Magnolia Square. The detailed plans are available for review in the City clerk's office. . . Consent Agenda Item C January 27,2003 Page 2 FUNDING: The funding for this project is budgeted in the current fiscal year under the Transportation Road Improvement Fund capital projects line code 115-56386. The expenditures for this project will be eligible for reimbursement from the 2002-2011 Renewal of the One Cent Sales Tax. There are currently sufficient funds on deposit within the City's portion of the One Cent Sales Tax for this project. The 2002 portion of the One Cent Sales Tax revenues were within the original estimates from Seminole County. RECOMMENDATION: It is recommended that authorization be given to enter into a contractual agreement with GCI/General Constructors, Inc to construct the Winter Springs Streetscape project in the amount of$781,759.37 plus 10% contingency payable from line code 115-56386. IMPLEMENTATION SCHEDULE: The work will be performed in two phases to not interfere with the current road contractor. The Hickory Grove areas will be completed first and the Tuskawilla RoadlMagnolia Park/Market Square portion secondarily when the road is done. The scope of work will be completed within 150 days of issuance of the Notice to Proceed. ATTACHMENTS: 1. 2. 3. 4. Consulting Engineers Recommendation Capital Project Coordinator Recommendation City Clerk Summary RFP No. ITB 014-02/KL Agreement Form . COMMISSION ACTION: . . . Attachment No.1 January 7, 2003 CPB Engineers, Inc. 500 West Fulton Street Sanford, Florida 32771 . P.O. Box 2808 Sanford, Florida 32772-2808 Phone: 407-322-6841 Mr. Kipton Lockcuff, P.E. City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Re: City of Winter Springs Streetscapes Project Engineer's Bid Review CPH Project No. W04108 Dear Mr. Lockcutf We received copies ofthe bid packages from the City for all of the bidders on the above referenced project. Five (5) bids were received. CPH Engineers has prepared a bid tabulation based on the pay items contained on the bid sheet and received from all of the bidders. This is attached for your review and consideration. In order of increasing total bid price, we have ranked the three lowest bidders: Rank Bidder Total Bid 1 Gel/General Constructors Inc. $781,759.37 2 Gibbs and Register $842,898.30 Valley Crest Landscape Development 3 Inc. $842,950.65 The Engineer's Opinion of Probable Construction Cost was -$800,000.00. The contract bid amount is less than the Engineer's Opinion of Probable Construction Cost. From our review of the bid tabulation, it appears that the prices from Gel/General Constructors, Inc. reflect an understanding of the work required by the plans and specifications. No mathematical errors were found in their bid and their bid package appears to be in order. There are no MBE/WBE requirements for this project. A telephone review/check of their listed references indicates that the work performed in the field was of good quality and in accordance with the specifications. However, several references revealed that there were problems encountered with the office support on issues such as change orders, pay requests, etc. The problems described, however, do not constitute a valid reason for rejecting their bid. . . . Based on our review of the available data (completed bid packages and contractor supplied references), we have no objection to the City proceeding with the award of the bid to Gel/General Constructors, Inc. in the amount of$781,759.37. Please note that we have not reviewed any financial data, as we are not accounting professionals. If such a review is required, we recommend either a review by your Finance Department or your financial adviser/accountant. The contractor bonds and insurance as required by the specifications will be reviewed prior to execution of the agreement. Please contact us if additional information is needed concerning the above. Sincerely, CPR ENGINEERS, INe. Michael J. Urchuk Project Manager . . . Attachment No.2 MEMORANDUM TO: Kip Lockcuff, P.E. Utilities/Public Works Director FROM: Gregory A. Bishop Capital Projects Coordinator RE: Bid Analysis, Bid No. ITB-023-02IKL WINTER SPRINGS STREETSCAPES DATE: September 25, 2002 On Wednesday, November 13,2002, the City of Winter Springs received five (5) bids for the construction of the Winter Springs Streetscapes. The bids received were priced as follows: Companv Bid GCI/General Constructors, Inc Gibbs & Register, Inc. Valley Crest Landscaping Development, Inc Abba Construction, Inc. Gomez Construction Company $781,795.37 $842.898.30 $842,950.65 $1,044,622.46 $1,150,488.25 The Engineer's estimate of probable construction cost of the project was $800,000. The amount budgeted was $780,000.00. EVALUATION OF RESPONSIVENESS The low bidder, GCI, provided all required documentation to establish bidder responsibility. The bid may be considered responsive. EVALUATION OF RESPONSIBILITY The references supplied by Gel were verified. After review of the references, the Engineer, Professional Engineering Consultants, Inc. recommended that the contract be awarded to GCI. RECOMMENDATION . In my opinion, an award of the Winter Springs Streetscapes project to GCI is in the best interest of the City. . . . Attachment No.3 BID NUMBER: ITB-023-02/KL WINTER SPRINGS STREETS CAPES BID CLOSING: NOVEMBER 13, 2002 Bid Closing Was Called By: Nancy Vobornik, Purchasing Coordinator Bid Opened: Bid Closed: 3:01 p.m. 3:05 p.m. Witnesses: Greg Bishop, Public Works Department, Special Projects Coordinator Holly Pierstorff, Assistant to the City Clerk Five (5) Bids Received: 1. GmBS & REGISTER, INC. AGENT: JOHN W. GIDBS, PRESIDENT ADDRESS: 438 NORTH DILLARD STREET, WINTER GARDEN, FLORIDA 34787 TELEPHONE: (407) 654-6133 FACSIMILIE: (407) 654-6134 BID AMOUNT: $842,898.30 2. ABBA CONSTRUCTION, INC. AGENT: MACK E. REIFERS, CEO ADDRESS: 6963-1 BUSINESS PARK BOULEVARD NORTH, JACKSONVILLE, FLORIDA 32256 TELEPHONE: (904) 886-2990 FACSIMILIE: (904) 886-7036 BID AMOUNT: $1,044,622.46 3. VALLEY CREST LANDSCAPE DEVELOPMENT, INC. AGENT: ED MAUSER-CLAASSEN, BRANCH MANAGER ADDRESS: 4689 OLD WINTER GARDEN ROAD, ORLANDO, FLORIDA 32811 TELEPHONE: (407) 296-7100 FACSIMILE: (407) 578-0950 BID AMOUNT: $842,950.65 4. GCI/GENERALCONSTRUCTORS, INC. AGENT: TIMOTHY 1. FIERRO, PRESIDENT ADDRESS: 991 EXPLORER COVE, SUITE 101, ALTAMONTE SPRINGS, FLORIDA 32701 TELEPHONE: (407) 831-8898 FACSIMLE: (407) 831-1223 BID AMOUNT: $781,795.37 5. GOMEZ CONSTRUCTION COMPANY AGENT: ORLANDO GOMEZ, JR., PRESIDENT ADDRESS: 750 JACKSON AVENUE, WINTER PARK, FLORIDA 32789 TELEPHONE: (407) 628-4353 FACSIMILE: (407) 645-2499 BID AMOUNT: $1,150,488.25 Copy: Mr. Kip Lockcuff, Director, Public WorkslUtility Department Ms. Nancy Vobornik, Purchasing Department Holly Pierstorff, Assistant to the City Clerk City of Winter Springs \\CITYHALLl \SHARED\dept - City Clerk\Docs\ Word\BIDSIRESUL TS\Fy020J\ITB-032-02 KL.doc . . . Attachment No.4 AGREEMENT FORM THIS AGREEMENT MADE THIS DAY OF 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 GCI/General Constructors. Inc.. 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, for Winter SprinQs Streetscapes. at City of Winter Springs. City Hall. 1126 East S.R. 434, Winter Springs. FL. 32708. 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 10 days after the issuance of a written Notice to Proceed and shall complete Phase I of the work within 90 calendar days and Phase II of the work within 150 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 ($10.00) Dollars as consideration for this provision. 5. CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance of the work. subject to additions and deductions by Change Order, the Total Contract Price of Seven Hundred Eighty-one Thousand Seven Hundred Ninety-five Dollars and Thirty-seven Cents ($ 781.795.37). 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; . . . (B) (C) Contractor does not make prompt and proper payments to subcontractors; Contractor does not make prompts and proper payments for labor, materials, or equipment furnished him; (0) 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: 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. 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 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. Discipline and Employment. 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 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. e. 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 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: 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 NOTICE OF AWARD TO: Timothy J. Fierro, President GCII General Constructors, Inc. 991 Explorer Cove, Suite 101 Altamonte Springs, Florida 32701 PROJECT DESCRIPTION: Winter Springs Streets capes The OWNER has considered the BID submitted by GCII 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 Eiohty-one Thousand Seven Hundred Fifty-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 (10) 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 ~ daYm~'2003 By: ~tJ. 7J1jt~ Ron McLemore Title: City Manaoer "",,~. ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE OF AWARD is hereby acknowledged by Master Site Development, Inc. thi b- 11 day of ~l ' 2000. By Title ~ ITs. rEs CSIIIs-I' 0'7 (J AGREEMENT FORM Gc 100; THIS AGREEMENT MADE THIS 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 GCI/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 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 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 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: Owner Copy II" ,~ ; (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 (0) 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. b. Inspections, Opinions, and Proaress 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 no~ be responsible for the Owner Copy ~l .- " 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.lnterpretation 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 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. Discipline 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. FumishinQ 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 facil.ities 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 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. Owner Copy 0-1 '''':' '" e. 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 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 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: GCl/General Constructors, Inc. Timothy J. . rro, President Name 991 Explo er Cove,Suite 101 Altamonte Springs, FL 32701 Address and Telephone (407) 831-8898 Date .... OWNER: .... CITY OF Wlt.lTER SPRINGS ~,i9w",-=' jfY 'By: Rona.ld: W. . cLemore.. City Manager 1126 East State 8.oad 43.4 Winter Springs, FL 3270'8' 407-327-1800 /jfUf Contractor Copy . 'i' , < ,. BOND NO. 201310 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that GCI GENERAL CONSTRUCTORS, TNr. (Name of CONTRACTOR) 991 EXPLORER COVE, SUITE 101, ALTAMONTE SPRINGS. FL 32701 (Address of CONTRACTOR) a CORPORATION hereinafter called (Corporation, Partnership, or Individual) Principal,andNORTH AMERICAN SPECIALTY INSURANCE COMPANY (Name of Surety) 13010 MORRIS ROAD. SUITE 150. ALPHARETTA. 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, fin:nly by these presents. The sum shall not be less than one hundred ten percent (110%) of the Contract Price. ,:," - _~ . -.,';:t, .,':. THE ~CQNP'Ir-,IQN :QF :Tti.IS, OBL'~A TION is.. such that whereas, the, Principal entered ~'-.:: ~;. ~:......;..\':::iritc{a~Certain,Agreemsntwith:the- OWNER, ;dated the'.' '~. , day '. . '- ~.:. .,.., ~ ~~~;'t\/'~;;;.'::_~'~',':;::y~:.,~:t~.~:; ':'~;: ." :.'<:::):~a.::copy~bf~';WhiCh';;is ,. n;ereto'~~aitad1'ed' .'and': made ..a<part. heroof"fQ.r. :.the. construction of ~JINTER SPRINGS STREETSCAPES Neme of ProJfICt Id&ntln.d in Instructions to BJdcJ.fB ,.'........r';.. .... '! This bond is being entered into to satisfy the requirements of Section 255.05(1), Florida Statutes and the Agreement referenced above, as the same may be amended. The Surety shall be bound by any and all altemative 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: 1. 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 a.ttomey's fees on appeal that OWNER sustains resutting 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 ttlis 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 atter 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 perform any of ttle 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 fails 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, cos~ and expense, including reasonable attomeys' 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 Performance Bond. The Surety stipulates and agrees that its obligation is to ~.(form the Principal's work under the Agreement under the Bond. The following shall not be considered ::- ::.: ,performanc;E:L.unci~r,the'B9nd: ... . (i) Surety'sfinSJ1cing.:of the. Principal to.. keep .Principal.. . ,': ,;:~:Jrom ..defa~ltinsi:.~h~~.th~":Con~~~'Qo'~rnents,'::':.. (ii)~ $ur.ety's bffe~;~ to:QWNE,R to .buy.': . :.'.. '.backlhe BOnd;..ancf:'(iiiY SuretY's' election' to":do.:nothing underthe~Bond~:shall:-'be' " . construed as a material breach of the Bond and bad faith by the Surety. The .Sur~ty 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 th.e Principal's Wort< exceeds the Principal's Contract Price or (ii) r~bid and re-Iet the Principal's Work. to a completing contractor with Surety remaining liable for the completing contractor's performance of the Principal's Work and fumishing 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 effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's 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 (Hi) 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 law, or any limitation of the liability or Principal or its estate as a result of any such i. 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 cnanges 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(1), 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 _ ATTEST: ~e7S.~ (Principal) Secretary INC. . -.,'. Eitl1~!;~{:i~;~~;~;;ll~;!~;;::.~~;':f~~i,:;i,~i~LF :;'~~~'~~?!.~Z~!fe: 991 EXPLORER COVE, SUITE 101 Address " i.; .: .- ~ . . . ""; .,. ",~: I .' ," . (CORPORATE SEAL) ~~~~.tJ~ (Witness to Principal) ALTAMONTE SPRINGS, FL 32701 City, State, Zip SHARON L. MACARTHUR Typed Name Telephone No. 407-831-8898 Facsimile No. 407-831-1223 : DEBORAH E. WHITING Typed Name DEBORAH E. WHITING . Typed Name ~X\~~.A ~1 ~l -' Witn s as icf Surety U . JENNIFER SUB,JFK Typed Name BOND NO. 201310 NnRTH AMFRTrAN ~PFr.IAI TV INSURANCE COt~PANY Surety 13010 MORRIS ROAD, SUITE 101 ALPHARETTA. GA 30004 Telephone No. 770-442-7870 Facsimile No. 770-442-7879 DONALDP. BRAMLAGE Typed Name 220 S. RIDGEWOOD AVE P: '0 .'BOX':2412 .... Address DAYTONA BEACH. FL 32115 City. State, Zip Telephone No. 386-252-9601 c. ';~'-F~~imile: _No~:::j86..;239':'5729 :, . .;..*, . ,:;", :-" .~_ ..:,...( .,~ _I"::" ~:~:- :,:. '. . ,':":;'":':.:. :'~ I!: , . .....,.: ... . .~. I . NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall. executa the Bond. If CONTRACTOR is partnership. all partners shall execute the Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be. authorized to transact business in the State of Florida. unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power-of-Attorney appointing individual Attorney-in-Fact for execution of Performance Bond on behalf of Surety. \ BOND NO. 201310 LABOR AND MATERIALS PAYMENT BONO KNOW ALL MEN BY THESE PRESENTS: that GCI GENERAL CONSTRUCTORS. INC. (Name of CONTRACTOR) 991 EXPLORER COVE. SUITE 101. ALTAMONTE SPRINGS. FL 32701 (Address of CONTRACTOR) a CORPORATION (Corporation. partnarWtlp, or Individual) hereinafter after called Principal, and NORTH AMERICAN SPECIALTY INSURANCE Cm~PANY (Name of Surety) 13010 MORRIS ROAD. SUITE 150. ALPHARETTA. GA 30004 (Addre5S or Surety) hereinafter called Surety, are held and finnly bound unto Citv of Winter Springs Florida. hereinafter called OWNER, in the full and just Sum of SEVEN HUNDRED EIGHTY ONE THOUSAND SEVEN HUNDRED FI FTY NINE AND 37/100 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, finnly by these presents. The sum shall not be less than one hundred ten percent (1100/0) of the Contract Price. .;. .b.;;~~;:~T8E)CbN6iTiONdF.. 'THIS"~OBtIGATION~:;js}.~uch. : that.. y,.hei:9~s;:.,the Principal-entered;:...... :..".c; .. .::~r;::>into ,a,;ce'rtaln 'Ag'reemenfwith'~e:'OwNER;"d~te<s_:th~"'. ,.,.~:>.:.~:dayi'pf::'..: . -~':'. . P ;,i.':". c. . .. . :-: . and made a part hereof the construction of Winter SPringS StreetSciioes. ... . 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 shall . promptly make payments to all claimants as defined in section 255.05(1), Florida Statutes, supplying Principal with labor, Materials, or suppli~s, used directly or indirectly by Plincipal in. the prosecution of the Wort<. 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 labof, Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR with a notice that he intends to look to the Bond for protection. A claimant who is 11, BOND NO. 201310 not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or supplies shall within ninety (gO) days after perfonnance of the labor or completion of delivery of the Matenals 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 perfonnance 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, tor value received, hereby stipulates and agrees that its. obligations hereunder shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into bY OWNER and Principal without the Surety's knowledge or consent, (ii) 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 ~s a result of any proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate asa result of any such proceeding. Any changes in or under the Agreement or 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 anct S~.rety 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 ~i~;j:";~~~~~I~f~~{i~~~;~~iW~~~C~~;~".!~t~~~;~cJ~~';';~ach. are separate and distinct from each other. . ... 4. ;1......;..,. ',. BOND NO. 201310 ; . IN WITNESS WHEREOF, this instrument is executed this the _ day of ,20_, ~eS.~ (Principal) Secretary SHARON L. FIERRO Typed Name By (Slgnllture) A TIEST: TIMOTHY J FIERRO, PRESIDENT Typed Nllme and Tille 991 EXPLORER COVE, SUITE 101 (CORPORATE SEAL) Address ~~~~ WitI'\es$ to Principal ALTAMONTE SPRINGS, FL 32701 City, State, Zip SHARON L. MACARTHUR Typed Name ~.!f+ SUSAN GRIFFEE Typed Name .:., . . ,,' ~. " .... ,- . to. . g~;,~:M~::i.~t~:f::':~;f~,.~, ~.:.., . (suretY) Secretary . ;.::.6'~~~}~*~~i~f~.i..~.~\.:~;.:~{.,~-"::~.:~.':~~~:~Ailbr~hN.iptc Ii Cfy . i~ su RliikECdMP i\'NY' _ . . .: ..:.~~:_:.:',.;.~:::~~:.-., ".1:."'~'- >.l-,,"~" DEBDRAH E. l~H I TING TYPed Name 770-442-7870 Telephone No. . . DONALD P. BRAMLAGE Typed Name 220 S. RIDGEWOOD AVE. P. O. BOX 2412 AddreGS DEBORAH E. WHITING Typed Name ~!Y'-i~A ~,~ lL Wltn as to Sur JENNIFER SUBJEK Typed Name DAYTONA BEACH. FL 32115 City, State, Zip 386-252-9601 Telephone No. 386-239-5729 F8CSImile No. . . BOND NO. 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 Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATfACH a certified copy of Power-of-Attorney appointing individual Attorney-in-Fact for execution Of Payment Bond on behalf of Surety. ~ , " '; '.. ........:... . ./:':'.~ ;:>~::':",~~ ::- . i...:, .~." . , , NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws 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 Attorney(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 24th 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 bindin~ 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!' . : .. .... ~\,,\~iiUIlI/lli~/~::.:: . ... """""" ~~~C,r>JjT'!".I~ ~i. ..,: ~. . ,~,'~'..~t..1\ON.4,l. .:!"~"'" ~({(),""<;o";;'i.. \S',".'.~;' .,.. , ,<l..~. /~n : ~ ">..cP?;,<..' '''I~~'~:;,',. ~.NV'?"M'""" u~.-.. ~:~. .. ,.- {~--- ~ By !~~~.. ,'..~:'~' .i~'-'~.\"~ i-a'/<" "SEAt-:, "\"ci~~ Daniel G. Gibson, VP, CFO & Tn:asurer or North American Specialty Insurance Company & Washington _.: !!;.:./,.CO.R.P.O... M.' "IE. ..........~.':. :.~:~.~~. .01913 i'!<IN;JE. Internallonalln,unlDee Company ~:~. }:-.~S, .EAL' :.:;:;, g .:~~~."1~:.'.:;'~~'E;~" ~~\ ... . ',. .. !~::: .:.~''''.':..HA~?~:'~'.~.'':. .~. ... -:..'l1l,....;.ARIZON~ ."-::ti~ . ~~~'L~..I...~~~._~;~..~.. .~.: . , ~...:~, ......~~~.;~~~~....~,.:- '; ~i...'?ON of. t-l'i.oS'.". BY.. . . .. . .. , -,'"",.. ,.' . : ," '. .r.~~/~I!'m~I\~\~~~~',,,,~.,,,,: :.:.:~ Steyco P. Anderson, Sr. Vice President orWashlngton Inltmatlonallnsurl1nee Compnny & ";'II;",'~,~"i\~\\\~'" Vice President or North American Specialty Insurance 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 ~ day of July . 20~. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of DuPage ~day of July . 20~, before me, a Notary Public personally appeared and Daniel G. Gibson, VP, CFO and Treasurer of both aforementioned companies and Steven P. Anderson , Sr. Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. ss: 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 true 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 full force and effect. OFRCIALSEAL VASMIN A pATEL NGTAIW' ~. STAT. OF N.UNOte ..,. CO....-.oN ~S:00I1D,,'02 ~ a - c:Y'cDs</ 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 ACORD~ CERTIFICATE OF LIABILITY INSURANC~~:~~ J DA~E~;~~~~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERA~ Auto Owners Ins. Co FCCI INSURER A: PRODUCER Brown & Brown, Inc. 2600 Lake Lucien Dr., Ste. 330 Maitland FL 32751-7234 Phone: 407-660-8282 Fax:407-660-2012 INSURED INSURER B: General constructo~s6 Inc. 991 Explorer Cove #1 1 Altamonte Springs FL 32701 COVERAGES INSURER C: INSURER D: 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. "~fG TYPE OF INSURANCE POLICY NUMBER b~HrM~t~fim)1: , t"~k+~~MM/DD1YYl LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 '-- A X COMMERCIAL GENERAL LIABILITY 20529922-02 04/01/02 04/01/03 FIRE DAMAGE (Anyone fire) $ 50,000 I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 - GENERAL AGGREGATE $1,000,000 I-- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG $ 1,000,000 n [Xl PRO- n POLICY X JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f-- $ 1,000,000 A ~ ANY AUTO 96-375-066-00 04/01/02 04/01/03 (Ea accident) ALL OWNED AUTOS BODILY INJURY f-- (Per person) $ SCHEDULED AUTOS f-- X HIRED AUTOS BODILY INJURY f-- (Per eccident) $ ~ NON-OWNED AUTOS - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $2,000,000 A :!J OCCUR o CLAIMS MADE 95-421-329-00 04/01/02 04/01/03 AGGREGATE $2,000,000 $ ~ DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND X I f'ORy'UMITSI IUE~. B EMPLOYERS' LIABILITY 001-WC02A-37762 04/01/02 04/01/03 E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PROJECT: WINTER SPRINGS STREETSCAPE. CERTIFICATE HOLDER I N I ADDIllONAL 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 ~ DAYS WRITTEN. CITY OF WINTERSPRINGS NOTICE TO THE cERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL RON MCLEMORE, CITY MGR IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1126 E STATE RD. #434 WINTER SPRINGS FL 32708 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE I Ken L. Enlow. CLU. AAI ACORD 25-S (7/97) @ACORDCORPORATION 1988 , ;. MEMORANDUM TO: Andrea Lorenzo - Luaces, Deputy City Clerlk: FROM: George Edwards, Capital Projects Coordinator (Acting RE: Documentation for Winter Springs Streetscapes Project DATE: April 29, 2003 Transmitted herewith are the following executed documents for your files: 1 ) Notice of Award 2) Agreement 3) Notice to Proceed 4) Certificate of Liability Insurance 5) Performance and Labor and Materials payment Bonds -;- NOTICE OF A W ARD- Revised TO: Timothy J, Fierro, President GCII 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 GCI / 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 Eiohtv-one Thousand Seven Hundred Fifty-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 (10) 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 Februarv, 2003 By: ;(~ tJ ~~ Ron~emore Title: City Manaoer ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE OF AWARD is here y acknowledged by GCI/General Contractors. Inc. this th day of ,2003. By Title ,. r ~ AGREEMENT FORM THIS AGREEMENT MADE THIS ~~f~ 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 GCI/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 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 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 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: Consultant Copy - I \' ., (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 ciaims. 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: 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. b. 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 site. The OWN ER will not be responsible for the Consultant Copy o' j , j 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. Reiection and Stoppage 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. Discipline 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. Furnishing 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 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. Consultant Copy .J e. 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 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 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: ~1?6~ ~~ v . Contractor: GCI/General Constructors, Inc. Timothy J. err, President Name 991 Exp orer Cove, Suite.o101 Altamonee Springs, FL 32701 Address and Telephone (407) 831-8898 Date ~A ~<~b~~ lit L4l OWNER: ~ OF WINr. ER SPRIN.GS #V . ~(j rtt/l~ ... I" By: Ronald VV. McLemore City Manager 1126 East State Road 434 Winter Springs, FL 32708 407-327-1800 Consultant Copy NOTICE TO PROCEED TO: Timothv J. Fierro. President GCII General Constructors, Inc 991 Explorer Cove. Suite 101 Altamonte SprinQs. FL 32701 DATE: The effective date of this Notice to Proceed is April 2. 2003 PROJECT: Winter SprinQs Streetscapes You are hereby notified to commence WORK in accordance with the Agreement dated February 28. 2003. 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 240 calendar days of the date of this Notice to Proceed. Therefore, the date of substantial completion the Winter Springs Streetscapes Project are November 28. 2003. By /~~ ~.."J' ./ Ronald W. Mclemore City Manager ~ ACCEPTANCE OF NOTICE Receipt of the above NQTICE TO PROCEED IS HEREBY ACKNOWLEDGED by this 1 tYl day of ~ 'U I 2003 . (Signature) (Printed Name and Title) ACORDN CERTIFICA~-'-;: OF LIABILITY INSUf-}NC~~~~g J DA~E~;~~D;;3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERA~ Auto Owners Ins. Co FCCI INSURER A: PRODUCER Brown & Brown, Inc. 2600 Lake Lucien Dr., Ste. 330 Maitland FL 32751-7234 Phone:407-660-8282 Fax:407-660-2012 INSURED INSURER B: General Constructo~s6 Inc. 991 Explorer Cove #1 1 Altamonte Springs FL 32701 COVERAGES INSURER c: INSURER 0: 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. IINSR TYPE OF INSURANCE POLICY NUMBER b~~~~~bBTl-}YE DATE /MM/DDIYYI LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I-- A X COMMERCIAL GENERAL LIABILITY 20529922-02 04/01/02 04/01/03 FIRE DAMAGE (Anyone fire) $50,000 ] CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000 4 . [Xl PRO- n POLICY X JECT LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A Jf. ANY AUTO 96-375-066-00 04/01/02 04/01/03 (Ea eccident) ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) - Jf. HIRED AUTOS BODILY INJURY (Per accident) $ Jf. NON.OWNED AUTOS - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 2,000,000 A ~ OCCUR D CLAIMS MADE 95-421-329-00 04/01/02 04/01/03 AGGREGATE $ 2,000,000 $ ~ DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND X I r<fR~'G~Y':sl IOJ~- B EMPLOYERS' LIABILITY 001-WC02A-37762 04/01/02 04/01/03 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $1,000.000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESJEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PROJECT: WINTER SPRINGS STREETSCAPE. CERTIFICA TE HOLDER I N I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION WINTERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN CITY OF WINTERSPRINGS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL RON MCLEMORE, CITY MGR IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1126 E STATE RD. #434 WINTER SPRINGS FL 32708 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE I Ken L. Enlow CLU AAI ACORD 25-8 (7/97) @ACORDCORPORATION 1988 . i BO~L' . NO. 201310 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that GCI GENERAL CONSTRUCTORS, INC. (Name of CONTRACTOR) 991 EXPLORER COVE, SUITE 101, ALTAMONTE SPRINGS~ FL 32701 (Address of CONTRACTOR) a CORPORATION hereinafter called (Corporation. Partnership, or Individual) Principal,and.NORTH AMERICAN SPECIALTY INSURANCE COMPANY (Name of Surety) 13010 MORRIS ROAD. SUITE 150. AL~HARETTA. GA 30004 (Address of Surety) hereinafter called Surety. are held and firmly bound unto the City of Winter Springs Florida, . hereinafter called OWNER,. in the full and just Sum of DOLLARS. ($ 781.759.37 ) in' hawful 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, fl1lJlly by these presents. The sum shall not be less than one hundred ten percent (110%) of the Contract Price. ~~:;;:~~':~';':':~':~-.~';:I,'..~"~~:.;:';.~J:I1.,~:...J~QN_p,rr;lqN..:~QF:~-.r,H~~",:'Q~~H~~A.TIQ~. 'Js;: su;ch ~ ~.~.~.'~~~.~I .-~~. .:p~n.cipaJ entered '::.. .". .- ".',... ... '''t.. -.. rta. A. nC'th tho OWNER. dated th'.' -- ..d . ..... .. . , ... -., .. .. . .. '/;:~~:~i::~?f{~;iii.~.~g~~~~;~:;..J?:'~:':~~~Y'!o~>~i~.;:is'- ~'~ri3id~~atta6K:a'''~~arld-':tne:de '~:~~':~art.. h~~f .~'f~;~th.J. .:......::;.. construction of HINTER SPBINGS STREETSCAPES N,m. of Project IdentJn.d in Inf1tructJons to 81d~rs This bond is being entered into to satisfy the requirements of Section 255.05(1), 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: 1. 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 attorneys' 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 r JD NO. 201310 3. Satisfies all daims and demands incurred under the Agreement, and fully indemnifies and holds harmless the OWNER from all costs and damages 't'Ihich 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 perform 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 fails 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 attomeys' 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 tennination or cancellation of this Performance Bond. The Surety stipulate~ and agrees that its obligation is to ~.(form the Principal's work. under the Agreement under the Bond. The following shall not be considered ;~~~~..:.::p~rfolJT'~f)C~LY.~9.~rthe.B.9nd::;(i>.~u(~ty'~.:nn.BIJ,cinQ~.:9f .~e. F;'~ncipal to...keap.Princip~I.. .. . ..? . ,.;.: 3 ::Jr:om 'de~ultibg)~flqet Jh~::qon~~~;"poC?Jii1ents,;/ (Ii) Sur.e~'s~bffersJo :'QWNE,R to. buy ., . "... .backlhe SOnd;'. ancf:'(iii):Suret}ls'".eleCtioo' l(f'dd;nOthing. u"nder the;Sond',.;shall:.be".' . . construed as a material breach of the Bond and bad faith by the Surety. The .Sur~ty agrees that its obligation under the bond is to: (i) take over perfonnance of the'. Principal's Work and be the completing Surety even if performanca of the Principal's Wort< exceeds the Principal's Contract Price or (ii) r~bid 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 th~t 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 OWN ER. . . '..,' .. 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 effect notwithstanding 0) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's 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 law, or any limitation of the liability or Principal or its estate as a result of any such BONq ..y. 201310 proceeding. Any ch~nges in or under the Agreement and Contract Documents and . compliance or noncompliance with any fonnalities 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 a.mounts of each are separate and distinct from ead1 other. This Bond is intended to comply with the requirements of Section 255.05(1), Florida Statutes, as amended, and additiorially, 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 ~ ATTEST: ~oS-~ .. (Principal) Secretary INC. . -.~. ~;f2W,~';{~Z'~~~~;:~~~~,~~V::rif;;:':"~t~t~1~i"-ii;ij~~?;:f~?i~~~~i;~~r;";-iC.. c ID 991 EXPLORER COVE, SUITE 101 Address .: .- '. . :.... (CORPORATE SEAL) r/~c/ ~-,.a~ (Witness to Principal) ALTAMONTE SPRINGS, FL 32701 City, State, Zip SHARON L. MACARTHUR Typed Name Telephone No.407-831-8898 Facsimile No. 407-831-12:i3 j l '. . DEBORAH E. WHITING Typed Name DEBORAH E. WHITING Typed Name OJ .Y\ru'~J ~1 ~ -' Witn~s a~ tcr Surety U . JENNIFER SUB,JEK Typed Name ) BOND NO. 201310 Nnrnl-1 AMJ:7RTTAN SPH:IAI TV INSlJRANCE COMPANY Surety . 13010 MORRIS ROAD, SUITE 101 ALPHARETTA. GA 30004 Telephone No. 770-442-7870 Facsimile No. 770-442-7879 DONALDP. BRAMLAGE Typed Name 220 S..RID~EWOOD AVE P: '0: BOX::-:2412 ' Address DAYTONA BEACH. FL 32115 City, State, Zip Telephone No. 386-252-9601 ..:...... ..;. ~~':':'..~.j,.~.~~...:::...~;:.:. ..~: ';' .. .-... ," .:'. 0:'~~.~. .: NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a j()int venture, all venturers shall. executa tha Bond. If CONTRACTOR is partnership, all partners shall execute the Bond. IMPORTANT: Surety companies executing Bonds lT1ust appear on the Treasury Department'~ most current list (Circular 570 as amended) and be.authorized to transact. business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power-of-Attorney appointing individual Attorney-in-Fact for execution of Performance Bond on behalf of Surety. \ .j J i 'pND NO. 201310 LABOR AND MATERIALS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that GCI GENERAL CONSTRUCTORS. INC. (Name of CONTRACTOR) 991 EXPLORER COVE. SUITE 101.ALTAMONTE SPRINGS. FL 32701 (Address of CONTRACTOR) a CORPORATION (Corporation. Partnal1lhlp, or Individual) hereinafter after called Principal, and NORTH AMERICAN SPECIALTY INSURANCE Cm1PANY (Name of Surety) 13010 MORRIS ROAD. SUITE 150. ALPHARETTA. GA 30004 (Addre$S of Surety) hereinafter called Surety, are held and finnly bound unto City of Winter So rings Florida. hereinafter called OWNER, in the full and just.Sum of SEVEN HUNDRED EI GHTY ONE THOUSAND SEVEN HUND'RED..FIFTY NINE AND 37/100 DOLLARS, ($ 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 (110%) of the Contract Price. ~i.~~'~~ :~.~~~~~;. ..~t:~.:;;~~~,~ ..:.~. :~~.-. -:;.:._~:~::> ~,. ,_.M ,~~....;: .~~.:X..2-'~ " . :~., ~ '~'" ' .. . .... . .~~: ..":. .~. .. .~~ ::.".._ ",":",' .....: .. i' '.~ " . .... ::" ., " . ". .. .~ .... .... .. . .. . .. - . ." . '. ".". ." .:.,.... ,.; ._.::.; ...THE .CONDITIONOFTHIS,-GBtIGATIONJs.,such:that whereas, .the PnncapBI.entared... ... ..0.,;, ... '~<;o}~~'::.\..."!;.~s~7:~into,a.icerta(n:tA'greeOi~ht\"-ittrthe.::OWNER.;:~(j~\~(t:~~: ",.,~::~'Z~~~?()(>..: ::<;,',':<,:.:. .. /. ,.:~.,: (.:-.:.. .. .-:::');': ' 1 and made a part hereof the construction of Winter SDrinas 8treetScaoes. .... .. The Su~ty 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 shall . prompUy make payments to all claimants as defined in. Section 255.05(1), Florida Statutes, supplying Principal with labor, Materials, or supplies, used directly or indirectly by Piincipal in. the prosecution of the Wor1<. provided for in the Agreemen~ 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 fumish labor, Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR with a notice that he intends to look to the Bond for protection. A claimant who is >, . , ;.. " , ) BOND NO. 201310 not in privity 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 ~atenals 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 Matenals 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 full force and effect. notwithstanding (i) amendments or modifications to the Agreement enter.ed into by OWNER and Principal without the Surety's knowledge or consent, (ii) waivers of compliance with or any default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (Hi) the discharge of Principal from its obligations under the Agreem~t as a result of any proceeding initiated under The Bankruptcy Code of 197e. as the same may be. amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate asa result of any. such proceeding. 4. Any changes in or under the Agreement or 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 anct $l,Jrety 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 ~~,;;:~~~i,lI~~~kl~~;~~~~~~~~Z~t~~;;t~~~~;bJ~~:~:e~ell ,. are separate and distinct fror:n each other. . . .. . . ~ ~':'" ":F~:. ;,.....,.. , ~' -.. jBOND NO. 201310 IN WITNESS WHEREOF, this instrument is executed this the ~ day of .20_, ~eS.~ (Princlpal) Secretary ATTEST: SHARON L. FIERRO Typed Namo TIMOTHY J . FIERRO, PRESIDENT Typed Name and TItle 991 EXPLORER COVE, SUITE 101 (CORPORATE SEAL) Address ~~~~ Witne$$ to Principal ALTAMONTE SPRINGS, FL 32701 City. St$te, Zip SHARON L. MACARTHUR Typed Name ~~/~ SUSAN GRIFFEE Typed Name '~:;.'..:~";:4~:.i~~i~:E~~i~~i:_i:L~i.';'~~~_~~:~;;/~l~~=/~}~~:;-~".~~:.'.:-..::~:.'~.;:.',:.::~-::~:'~:' ,;.:<....:.. ;:.:..,:..:.~::.:,~' ~<"'.' :-.: ...- '.'; '," .' ~ " , .... ';; ..t.;.. '~" .:~~'l~<;;~.~~~"~.;;;;::,;""NQRTH ,.M1ERICAN:~SptCIALlY. I"NsugANCE.:CQMPANY.' ,.. . .""~.".~;;'..:..'.C::._ .S.urety.'.. "... ,.~.... .. -- ..-...... ...; '. .,,,.:.. ... _...:,::,;'....:...::.:..:...:::.:;::-..~.::. ... DERORAH . E. !:.lH I TING TYPed N$me 770-442-7870 Telephone No. DEBORAH E. WHITING Typed Name DONALD P. BRAMLAGE Typed Name 220 S. RIDGEWOOD AVE. P. 0, BOX 2412 Addre&lil ~.* ~^~.fL VVltn as to SUf JENNIFER SUBJEK Typed Name DAYTONA BEACH, FL 32115 City, Stete, Zip 386-252-9601 Telephone No. 386-239-5729 Facsimile No. , . ~ . . I"BOND NO. 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 Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida. unless otherwise specifically approved in writing by OWNER. ' ATTACH a certified copy of Power-of-Attorney appointing individual Attomey-in-Fact for execution Of Payment Bond on behalf of Surety. '..' .... ... ~~f;2:'f~Wi~~i;~~~-2;~f't1f~}..,;:k,~~'.:~,:~:;'f~.,~iiA~:-,..;:~;~;~:~,::.".~...,. . ,-l"'~:;:~~;~":,~~~ '~ , ~ NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY TIlESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws 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 Attorney(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 execute'd 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 24th 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 bindin~ upon ~e ~ompany when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." :',' ," ~\,\\li\UlIlJ/iii/~'::':, ' ,.' ""''''"'' , " ~,,,""\'~TV., ~~""':'< "". \"N' ,t" , ~!l~":~o~;f~oS'c/.%:' ./? - ~ .# ~~~iv,,,/;.~Itt."" :~PJ...&O~', ;""~;,~<, By ~.~ l}?'77:~~~ :(I(;:':'~~f'.'~)!1;' Daniel G, Glhsan, VP, CFO & Trea';'7.~~~oon~~I~:;~~: ~::~IZ Insvrance Company & WMhlngton fft~n~~TE4:~\ '~~~i/"''It~''~~'" ,~., , . '.. .,.'; \~.)....',';.::AR,','.,{Z,~riA",:.:.,)T,:f,i ,.;~ ~:.~,,~.~,.;~!>~:r;: ' ,".' '; ',. ,', . .'. . "'.. ~.' :7~I.:titON >f'''~~\~,.,;, By '. " '. '..,.", "i,,', ......~~,'~' . . .'. ... .r(~~!~fl.lII~'~~\\~~;':,-:~, _f.,:;' Steven P. ADderson, Sr. VIce President of Was bing ton Internationallnsurnnce Company & "'r;''';~~1''1'\\\'\ Vice Pra1dcot of North ~merlcDn Specialty Imurance 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 tq be signed by their authorized officers this ~ day of July . 20~. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County ofDuPage ~day of July . 20~, before me, a Notary Public personaliy appeared and Daniel G, Gibson , VP, CFO and Treasurer of both aforementioned companies and Steven P. Anderson, Sr. Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies, ss: 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 true 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 full force and effect. OFFlCIALse:AL YAsM'N A PATEL NOTNW ~ aTA_TE OF k.uNOtli ~~N~810811aJOa ~ a-c:Y'~ IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this _day of .20_. ,.~ .' . . ~/,:"":,,',,,' Robert L Cate, VP & Assistant Secretary ( ;' I ;' ( i! , , , i i I , l (' il'''s 711.001 . ~.~...., RAMeo FOIIIM 40: ~AANING TO OWNER: UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID MAY .,ESULT IN A UEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE. ,TO AVOID A UEN AND PAYING TWI~E, YOU MUST OBTAIN A WRITTEN RELEASE FROM US EVERY TIME YOU PAY' YOUR CONT1!ACTOft", I .otfct 0111 (l)wntf , Date r5 / 1/03 . To C dyn t A }irrkr: Spr i n9sJ~tln; rll'JkP. (I fl: 8~OT;; () f. Gmq1AI,/OflPf.S Addreaa II d.1..P E I ST RrI, if 3lf (AJ/(J-kr/ifrJ't13' ~ P-L 3 ~ 7()ff The undersigned hereby Informs you that he has furnIshed, or Is fumlshlng services or materials as follows: La.ndscapi()3 ftl'!CEZVlED ..r.rri3Ovfion' JUN 0 4 'nn.~ CITYOfWINTER$'~~ C t1'.' .'-{ALL 'or t~ Improvement of the rUt proP4H1Y ldentlfled' as: (Describe real pr~ sufffclendy for ~efl.tlflcatlon. Ir1CIudlng street and number ~"knoWn) ',:' \irk~ S i 5 S+re.:+:" ..'\,' :i",,~,:,,".,..,. ",.... . . .,..., ",~",..",.. -'fl",..,.. "pC r'j e..$.~~$_, , , " .,. S/ l?f:> r OX) br- j Y!';h. ".' \i:: ..' " ..... .' ..... .. ....... .. 'J:';!'~~~1~~~:1,~~~~~X'~;;:'~:;~/i:";:.~:", .;;,;,~":.,~. ,""".:.;"~'.". .i;:'.:H....... ... . under an order gJven by Ii 1/ Prn i tlnrJ.s rnp/r:J ) , T,ne. Florida law prescribes the serving of this notJce and restricts your right to make payments under your contract In accordance with section 713.06. Florida Statutes. IMPOATANT INFORMAnON FOR YOUR PROTECTION Uncl.r F1orlcta'. I.~.thoee who work on )'Ol.If property or provla. material. and.... not paid have a right to .nforce their claim for payment .salnl! your, proptrty. Thlt oIalm 't known .. a oonnuotion lien. If your oontraotot fall. to pay tubcontraoto... or mattrlal .uppUtr. or negloots to mako othor legally requIred payments, the people who are owed mon.y may look to ~r ~ fot payment, eVEN I' YOU HAVE PAID YOUR CONTRACTOfI IN PUll. PAOTlOTVOU~IIL":;' -, '. ",' \ ; "" RECOGNIZE that thl.' Notlot to, Owner may'r"Ult In a lI.n against your pro~rty unit.. all tno.. lupplylng a Notl~ to Own.r have been paid. lEARN more'~t the COI:lItl'~ ~ Law,chapttr 713. Part I, Florida Statut... and the m.an/ng of thl. notloe by contacting an attorney or the FIorlda- Deplltmerit of AgtIct.iItu,.. a/:ld ConIUm., Strvlcft, elvla/on 01 ConIUm., Strvlcet. 031093 , .. " ,:'.' ' ~".... r: ,-" Cop'" tobc/i:'; '," '. ,"" ,.-... '.. ',. ~ ". , .... ',. . 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