HomeMy WebLinkAboutRanger Construction Industries, Inc. -2005 07 01
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AGREEMENT FORM
THIS AGREEMENT is made and entered into this~day of ~, 2005, 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 Ranaer Construction
Industries, Inc.. a Florida corporation hereinafter referred to as "Contractor".
WITNESSETH:
WHEREAS, City wishes to provide asphalt resurfacing for various City streets, and
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 eiahtv two
thousand, nine hundred thirty four dollars and 45 cents ($182,934.45). Payments will be made to the
Contractor for actual quantities installed on the basis of the Schedule of Unit Prices included as part of its
Bid, which shall 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
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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 Ranqer Construction Industries, 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-OOS-
05/ 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. If such 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
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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 set 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 been 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 understood
and 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
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Project Manager and all other appropriate personnel shall attend such meetings as designated by the City
Project ~anager.
15.0 SAFETY
15.1 Contractor shall be solely and absolutely responsible and assume all liability for the safety
and supeNision 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 automobiles, 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 3D-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/or 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
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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 ot'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 therefore; 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
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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 working solely for the Contractor, to solicit or secure this Agreement and that it has not
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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-agent
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:
Ranger Construction Industries, Inc.
1200 Elboc Way
Winter Garden, FL 34787
Phone: 407-656-9255
Fax: 407-656-3188
For City:
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.
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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 and
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.
II
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:
Ranger Construction Industries, Inc.
Name
1200 Elboc Way, Winter Garden, FL 34787
Address and Telephone Number 407-656-9255
By: /Z/ ~
.
Mark Veillette
Vice President
CITY:
Dated ~-/ P - cP.....
CITY OF WINTER SPRINGS, FLORIDA
By: (/IJt/tJ JJ!/") .....~
/ RONALD W. MCLEMORE
City Manager
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~STPAUl
~ TRAVELERS
IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE
COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"). The Act
establishes a short-term program under which the Federal
Government will share in the payment of covered losses caused by
certain acts of international terrorism. We are providing you with
this notice to inform you of the key features of the Act, and to let
you know what effect, if any, the Act will have on your premium.
Under the Act, insurers are required to provide coverage for certain
losses caused by international acts of terrorism as defined in the
Act. The Act further provides that the Federal Government will pay
a share of such losses. Specifically, the Federal Government will
pay 90% of the amount of covered losses caused by certain acts of
terrorism which is in excess of an insurer's statutorily established
deductible for that year. The Act also caps the amount of terrorism-
related losses for which the Federal Government or an insurer can
be responsible at $100,000,000,000.00, provided that the insurer
has met its deductible.
Please note that passage of the Act does not result in any change
in coverage under the attached policy or bond (or the policy or bond
being quoted). Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is allocable to such
coverage is inseparable from and imbedded in your overall
premium, and is no more than one percent of your premium.
I L T- I 0 I 8 (9104)
lbeStRlUI
POWER OF ATTORNEY
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
24495
Certificate No.
2221182
Power of Attorney No.
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
SI. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company and SI. Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collective I\' called the "Companies"), and that the Companies do
hereby make, constitute and appoint
William Phelps
Melbourne
Florida
of the City of ' State . their true and lawful A1iorneyts)-in-Fact,
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute. seal and acknowledge any <(mJall bonds, undertakings,
contracts and other written instruments in the nature thereof on behalf of the COJ:npanies in~heir business of guaranteeing the tldelity. tlf rersom;, guar.uUeeing the
performance of contracts and executing or guaranteeing bonds and undertakingstequired or permitted in.any actions or proceedings allowed by law.
20th Octo~r 2004
IN WITNESS WHEREOF, the Companies have caused this instrumenfto be signed andSC\lled
day of
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Cgmpany
St. Paul Mercury Insurance Cgmpany
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
(j{:}!);~\
\ ~~:.~.E.~.~~~!)
~~~
State of Maryland
City of Baltimore
PETER W. CARMAN, Vice President
~e.~
THOMAS E. HUIBREGTSE, Assistant Secretary
20th October 2004
On this day of , before me, the undersigned oftlcer, personally appeared Peter W. Carman and
Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and
Marine Insurance Company, SI. Paul Guardian Insurance Company, SI. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.: and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 1st day of July, 2006.
~,t~.~
REBECCA EASLEY-ONOKALA, Notary Public
86203 Rev. 7-2002 Printed in U.S.A.
\
~ STPAUl
~ TRAVELERS
IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE
COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"). The Act
establishes a short-term program under which the Federal
Government will share in the payment of covered losses caused by
certain acts of international terrorism. We are providing you with
this notice to inform you of the key features of the Act, and to let
you know what effect, if any, the Act will have on your premium.
Under the Act, insurers are required to provide coverage for certain
losses caused by international acts of terrorism as defined in the
Act. The Act further provides that the Federal Government will pay
a share of such losses. Specifically, the Federal Government will
pay 90% of the amount of covered losses caused by certain acts of
terrorism which is in excess of an insurer's statutorily established
deductible for that year. The Act also caps the amount of terrorism-
related losses for which the Federal Government or an insurer can
be responsible at $100,000,000,000.00, provided that the insurer
has met its deductible.
Please note that passage of the Act does not result in any change
in coverage under the attached policy or bond (or the policy or bond
being quoted). Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is allocable to such
coverage is inseparable from and imbedded in your overall
premium, and is no more than one percent of your premium.
ILT-l018 (C),04)
lheStRlul
POWER OF ATTORNEY
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Power of Attorney No.
24495
Certificate No. 2 2 2 0 8 3 0
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do
hereby make, constitute and appoint
William Phelps
Melbourne
Florida
of the City of , State , their true and lawtyl Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, 1:l11dertakings,
contracts and other written instruments in the nature thereof on behalf of the business of guaranteeing the fidelity of 9t>fions, guaranteeing the
performance of contracts and executing or guaranteeing bonds and actions or proceedings allowed by law.
day of
October
2004
IN WITNESS WHEREOF, the Companies have caused this
Seaboard Surety Company
St. Paul Fire and Marine
St. Paul Guardian Insuran e
St. Paul Mercury InsurallceffC
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
@ 'ET'" W. CARMAN. Vi<< 're""~'
'I7~e.r/~
State of Maryland
City of Baltimore
THOMAS E. HUIBREGTSE, Assistant Secretary
20th October 2004
On this day of , before me, the undersigned officer, personally appeared Peter W. Carman and
Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and
Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 1st day of July, 2006.
~,t~.~
REBECCA EASLEY-ONOKALA, Notary Public
86203 Rev. 7-2002 Printed in U.S.A.
ACORQ. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYY)
04/20/05
PRODUCER . 1-304-357-4520 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
George H. Friedlander Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PO Box 2466 j ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1566 Kanawha Blvd. E.
Charleston, WV 25329 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Travelers Prooertv Casual tv Comoanv of America
Ranger Construction Industries, Inc.
INSURER B: Charter Oak Fire Insurance Company
1200 Elboc Way INSURER C:
Winter Garden, FL 34787 INSURER D:
I INSURER E:
~
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~i': TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE Pgi'fJ EXPIRATION LIMITS
A GENERAL LIABILITY CO-5807B217-TIL-05 04/01/05 04/01/06 EACH OCCURRENCE $ 1000000
-
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anv one fire) $ 100000
I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 5000
-
PERSONAL & ADV INJURY $ 1000000
GENERAL AGGREGATE $ 2000000
GEN'L AGGRE~E LIMIT APAS PER: PRODUCTS - COMP/OP AGG $ 2000000
n POLICY X ~!}i?r LOC
A AUTOMOBILE LIABILITY CAP-58-7B186-TIL-05 04/01/05 04/01/06
I--- COMBINED SINGLE LIMIT $ 1000000
X ANY AUTO (Ea accident)
I---
I--- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
f--
...!... HIRED AUTOS BODILY INJURY
(Per accident) $
X NON-OWNED AUTOS
-
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
~- ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
A EXCESS LIABILITY CUP-5807B198-TIL-05 04/01/05 04/01/06 EACH OCCURRENCE $ 3000000
~'OCCUR D CLAIMS MADE AGGREGATE $ 3000000
$
H DEDUCTIBLE $
RETENTION $ $
B WORKERS COMPENSATION AND UB-6339B488-05 04/01/05 04/01/06 X I T~~~T~J#~ I IOJ~-
EMPLOYERS' LIABILITY EL EACH ACCIDENT $ 1000000
EL DISEASE - EA EMPLOYEE $ 1000000
EL DISEASE - POLICY LIMIT $ 1000000
OTHER
$
$
$
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Certificate Holder is an Additional Insured but only with respect to work conducted
by the insured and at the specified project.
Project: Aspah1t Resurfacing of Various City Streets Bid # ITB-005-05/AH
CERTIFICATE HOLDER I y I ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Winter Springs DATE THEREOF. THE ISSUING INSURER WILL MIX~flJMAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. ~ltlUl~X
XGlIlIJIlumt~IClIllKillI:lX~Il~~~IlX<<JIlIllX
1126 East STate Road 434
~~~~~XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Winter Springs, FL 32708 AUTHORIZED REPRESENTATIVE ji 4
USA . (/If..
I
ACORD 25-5 (7/97) sbarber
2635628
@ACORD CORPORATION 1988
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