HomeMy WebLinkAboutFlorida Industrial Electric, Inc. -2002 09 27NOTICE OF AW~ •
TO: Ronald H. Rothwell, Vice President
Florida Industrial Electric, Inc.
811 Wilma Street
Longwood, Florida 32750
PROJECT DESCRIPTION: INTERSECTION SIGNALIZATION IMPROVEMENTS: STATE
ROAD 434 AND TUSKAWILLA ROAD, Project # ITB-017-02/GE
The OWNER has considered the BID submitted by Florida Industrial Electric, Inc. for the
above-described WORK in response to the Advertisement for Bids dated July 21, 2002, and
information for Bidders.
You are hereby notified that your BID in the amount of $116,629.29 for BID items contained in
the Bid Schedule has been accepted.
You are required by the Information for Bidders 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 three acknowledged c`opie/s of this NOTICE OF AWARD to the OWNER.
Dated this ? day of ~ ~c~ 1-~ 2002
OWNER:
Ronald W. McLemore
Title: City Manager
ACCEPTANCE OF NOTICE
Receipt and acceptance of the above NOTICE OF AWARD is hereby acknowledged by Florida
Industrial Electric, Inc. this the ~r.~ day of D~~~,e~-~~ , 2002.
B ~•
Title 1~,r~;~tk'~
i •
SECTION 00500
FORM OF AGREEMENT
THIS AGREEMENT made this ~~ day of 4~- , 2002 between the CITY OF
WINTER SPRINGS of 1126 East State Road 434, Winter Springs, Florida 32708, Seminole
County, State of Florida, herein referred to as OWNER and Florida Industrial Electric, 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 pertorm the work, in accordance with the
Contract Documents for the construction of the Intersection Improvements State Road 434
and Tuskawilla Drive.
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 1,Q days after the issuance
of a written Notice to Proceed and shall complete the work within ~Q 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 $200.00 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 pertormance of the work, subject to additions and deductions by Change
Order, the Total Contract Price of One hundred sixteen thousand six hundred twenty-
nine dollars and twenty-nine cents jS116.629.29). 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.
Thirty (30) days after presentation of the Application for Payment to Owner the amount
recommended will (subject to the provisions of Article 14 and Article 15 of the Contract
General Conditions) become due, and when due will be paid by Owner to Contractor.
1
Progress payments may be withheld if:
(A) Work is found defective and not remedied;
(B) Contractor does not make prompt and proper payments to subcontractors;
(C) Contractor does not make prompts and proper payments for labor, materials, or
equipment furnished him;
(D) Another Contractor is damaged by an act for which Contractor is responsible;
(E) Claims or liens are filed on the job; or
(F) In the opinion of the City of Winter Springs, Contractor's work is not progressing
satisfactorily.
7. FINAL PAYMENT -OWNER shall withhold up to 10% of the Contract Price throughout the
project. The Owner shall release 50% of the amount withheld upon issuance of the
Substantial Completion Certificate. The remaining 50% of the amount withheld shall be
released with the Final Payment after the issuance of the Final Completion Certificate.
OWNER shall make final payment to CONTRACTOR within thirty (30) days after the work is
fully and properly completed, if the contract has been fully and timely performed, but subject
to the condition that final payment shall not be due until CONTRACTOR has delivered to
OWNER a complete release of liens arising out the contract, or receipt releases of lien fully
covering all labor, materials and equipment for which a lien could be filed, or in the alternative
a bond satisfactory to OWNER indemnifying him against such claims.
By making payments OWNER does not waive claims including but not limited to those
relating to:
(A) Faulty work appearing after substantial completion has been granted;
(B) Work that does not comply with the Contract Documents:
(C) Outstanding claims of liens; or
(D) Failure of Contractor to comply with any special guarantees required by the Contract
Documents.
CONTRACTOR, by accepting final payment, waives all claims except those, which he has
previously made in writing, and which remain unsettled at the time of acceptance of payment
pursuant to this contract.
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 Kipton Lockcuff 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 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. Interoretation 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
e. Relection and Stot)paae 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 Suaervision 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 Emal~vment. 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. Furnishinst of Labor. Materials. etc. CONTRACTOR shall provide and pay for all labor,
materials and equipment, including tools, construction equipment and machinery, utilities,
including water, transportation, and all other facilities and services necessary for the
proper completion of work on the project in accordance with the Contract Documents.
d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall
secure all licenses and permits necessary for proper completion of the work, paying the
fees therefor. CONTRACTOR warrants that it (and subcontractors or tradesmen, if
authorized in the Contract Documents) hold or will secure all trade or professional
ikertses 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. B N -CONTRACTOR shall supply a materials, performance and payment bond(s) in
accordance with Florida law and to the satisfaction of OWNER, in an amount specffied 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. NOTI E -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.
_ _. ._ ,~__ ~,r,.
..
Signed, Sealed and Delivered
in resence
Name
~u~~~~~
Address and Telephone
Date
.~
•
CONTRACTOR:
~'°~"'~ ~ ~ "G~ildrl~ / ~i~PJ'iG~~1l
g'j(1 ~ s1- _ Ze.,~,~ t'L 3Z,7So ybrl- 33l-rsr~
~Q/3/oZ
OWNER:
CITY F WINTER SPRINGS
Yt+ ~• YI
y: Ronald W. McLemore
City Manager
1126 East State Road 434
Winter Springs, FL. 32708
407-327-1800
END OF SECTION
• •
NOTICE TO PROCEED
TO: William Clark
Florida Industrial Electric, Inc
811 Wilma Street
Longwood, Florida 32750
DATE:The effective date of this Notice to Proceed is 2 January 2003
PROJECT: SR 434 and Tuskawilla Road Sianalization Improvements
You are hereby notified to commence WORK in accordance with the Agreement dated
10 October 2002. In accordance with the Agreement, all work shall commence within 10
days of the date of this Notice to Proceed and shall be substantially complete within 150
calendar days of the date of this Notice to Proceed. Therefore, the date of substantial
completion is 31 May 2003.
By
r epresentativ ignature)
Greoorv A Bishop. Capital Project Coordinator
(Printed Name and Title)
ACCEPTANCE OF NOTICE
Receipt~f the above NOTICE TO PROCEED ~_HE\ EBY ACKNOWLEDGED by
this .,,~_ day of ~/...+~.-;,!~„ , ~,~:~
(Printed Name
~ ~ •
A~n CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/Y1()
10/4/2002
PRODUCER
Bowen, Miclette & Britt, Inc.
1111 North Loop West 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.
Suite 400
Houston TX 77008
INSURERS AFFORDING COVERAGE
INSURED INSURER A: American Cas. Co. of Readin
INSURER B: RO al Ins Co Of America
811 Wilma Street INSURER C: Libert Mutual Ins Co
INSURER D:
LOrigW00 , FL 32750 INSURER E:
CAVERACES
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 ma be issued or may pertain, the insurance afforded by the policies described herein is subject to all
the terms, exclusions and conditions of such policies. Aggregate limits shown may have been reduced by paid claims.
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION OMITS
C GENERAL LIABILITY RG2 6 910 0 4 210 0 31 11 / 1/ 2 0 0 1 11 1/ 2 0 0 2 EACH OCCURRENCE $1 0 0 0 0 0 0
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE An one fire) $ 2 5 Q , Q Q Q
CLAIMS MADE a OCCUR MED EXP An one arson $ 5 , Q Q Q
PERSONAL & ADV INJURY $1 O O O O O O
GENERAL AGGREGATE $ 2, 0 0 0, O O O
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 O O O O O O
POLICY X PRO- LOC
C AUTOMOBILE LIABILITY
X ANY AUTO 52691004210021 11/1 2001 11 1 2002
COMBINED SINGLE LIMIT
(Ea accident)
$ 1, 0 0 0, O Q 0
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS - (Per person) $
X HIRED AUTOS
BODILY INJURY
X
NON-OWNED AUTOS
(Per accident) $
PROPERTY DAMAGE
(Per accident) $
GARAGE LIABILRY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN ~ ACC $
AUTO ONLY: qGG $
B EXCESS LIABILITY PHN 016 4 6 9 11 / 1 / 2 0 01 11 / 1 / 2 0 0 2 EACH OCCURRENCE $
X OCCUR ~ CLAIMS MADE AGGREGATE $ 5 QQQ Q Q Q
DEDUCTIBLE $
RETENTION $ $
P+ WORKERS COMPENSATION AND WC 19 4 319 919 11 / 1 / 2 0 01 11 / 1 / 2 0 0 2 X WC srAmT`UL- orH-
EMPLOYERS' LUU3ILITY
E.L. EACH ACCIDENT
$1, O O O, O O O
E.L. DISEASE - EA EMPLOYE $1 O O O O O O
E.L. DISEASE -POLICY LIMIT $ 1 QQQ Q Q Q
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Additional Insured is provided in favor of certificate holder on General Liability and Automobile Liability as
required by written contract, but limited to the operations of the Named Insured.
Intersection Signalization Improvements: State Road 434 & Tuskawilla Road
GtK I ItIGA 1 t I'iVLUtK ADDITIONAL INSURED; INSURER LETTER: GANGtLLA710N
ou any o e escri e po ides e cance e e ore
City of Winter Springs, Florida the expiration date thereof, the issuing company will
1126 East State Road 434 endeavor to mail 60 days written notice to the certificate ~I
holder named to the left, but failure to mail such notice
shall impose no obligation or liability of any kind upon
the company, its agents or representatives.
Winter Springs FL 32708-2799
AUTHORU~D REPRESENTATIVE
~,6%.°I~
ACORD 25-S (7/97) m ACORD CORPORATION 1988
L J
. „
~` •
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
AGORD 25-5 (7/97)
L J
. ,~ ~,
Bond No. 81889062
SECTION 00610
• •
PERFORMANCE BOND FORM Florida Industrial
THIS INSTRUMENT WITNESSETH: That we (1) Electra c Inc. a
(2) Corporation organized under the laws of the State of Florida and regularly authorized to do
business in the State of Florida as Principal, and we (3) Federal Insurance Company a
(Z) Corporation organized under the laws of the State of Indiana and regulart
authorized to do business in the State of Florida as Surety, are held and firmly bound untoCity o W nter Springs
her~inaft~r c~lled the Owner in accordance with a Contract hereinafter referred to, in the penal sum of
(4) ,TM a *un~; ed ni~r~een Th ~San~~~S~x HundredDollars ($ 116, 629.29*** ) (awful money of the Unite
a-r~ ~ ~ I: A
States, well and truly to be pal unto the said Owner, for the payment of which we bind ourselves, our heirs,
executors, administrators, successors and assignees, jointly and severally, firmly by these presents;
WHEREAS, the said Principal has entered into a written contract with the Owner dated
forthe work designated as Signalization located
in Winter Springs, FL in conformity with Contract Documents hereby referred to and made a part hereof, the
same to all intents and purposes as if written at length herein, in which Contract the said Principal has contracted to
perform the work specified in said Contract in accordance with the terms thereof;
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall faithfully pertorm the Contract o
his (its) part, and satisfy all covenants, terms, conditions and agreements incurred by the Principal in the performance
of said Contract, during the original term thereof, and any extensions thereof which may be granted by the Owner,
with or without notice to the Surety, and shall satisfy all claims and demands arising thereunder, and shall full
indemnify and save harmless the Owner from all cost and damage which the Owner might suffer by reason of th
failure of the Principal to do so, and shall fully reimburse and repay to the Owner all costs, damages, and expenses
which the Owner may incur in making good any default by the Principal, including any default based upon failure o
the Principal, to fulfill his obligation to furnish maintenance, repairs, or replacements for any period of time after the
work is completed, if provided for in said Contract, then this obligation shall be Wulf and void, otherwise it shall remain
in full force and effect.
IN ADDITION, the Principal and' Surety, jointly and severally, expressly guarantee that all materials furnished and
workmanship performed under the Contract and in the construction of the work shall fulfill all requirements of the
Contract and the Contract Documents with respect to them. This bond shall remain in effect for a period of one year
(LIBRARY NOTE: IF A CITY OF SANFORD JOB, THEY REQUIRE TWO YEARS, AND SHOULD SO REVISED
from the date of final acceptance.
IT IS HEREBY STIPULATED AND AGREED that any suit based upon any default of the Principal in fulfilling his
obligations to furnish maintenance, repairs, or replacements for any period of time after the Work is completed, i
provided for in the Contract, may be brought at any time up to six months after the expiration of the time specified in
the Contract during which the Contractor has agreed to fumish such maintenance or make such repairs or
replacements.
THE SAID SURETY, for value received, hereby stipulates and agrees that no change,. extension of time, alteration or
addition to the terms of the Contract or to the Work to be performed thereunder or the VContract Documents
accompanying the same shall in any way. affect its obligations on this Bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Contract
Documents.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of an
beneficiary hereunder, whose claim may be unsatisfied.
(1) Contractor
(2) Sole Proprietor, Partnership, or Corporation
(3) Surety
(4) 110 percent of the Contract
. ~ ~ ,,,~
' • •
IN WITNESS WHEREOF, this instrument is executed in several counterparts, each one of which shall be deemed an
original, this the day of , 20_.
(SEAL) (1)
BY~ J Countersignature:
Title: -~ .. Lg' .r nn By: ~~~
(SEA}` (2) ~ n ~\ V1 Richard E. Daniels
Title: "
(Attorney in Fat) Be erly A. Ireland
(1) Contractor
(2) Surety
END OF SECTION
~ " f L!• .
Bond No. 81889062
SECTION 00620
• •
LABOR AND MATERIALS PAYMENT BOND FORM
Florida Industrial Cor oration
THIS INSTRUMENT WITNESSETH: That we (1) Electric, Inc. a (2) P organized
under the laws of the State of Florida and regularly authorized to do business in the State of
(g) Florida as Principal, and we (4) a eral Insurance a (2) Corporation organized under the laws of
the State of Indiana a dregu ~v authorized to do usiness in the State of (3) Florida as Surety, are held and
firmly bound unto (5) it o~~Winter hereinafter called the Owner in accordance with a Contrail hereinafte
referred to, in the penal sum of (6) * (See Below) Dollars ($116, 629. awful money of the United
States, well and truly to be paid unto the said Owner, for the payment of which we bind ourselves, our heirs,
executors, administrators, successors and assignees, jointly and severally, finely by these presents. WHEREAS, the
said principal has entered into a written contrail with the Owner dated for work designated as
Signalization located inWinter Springsconformity with Contract Documents hereby referred to and
made a part hereof, the same to all intents and purposes as if written at length herein, in which Contrad the said
Principal has contracted to perform the work specified in said Contrad in accordance with the terms thereof;
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall faithfully satisfy all claims and
demands incurred by the Prncpal of said Contrad, and shall pay all obligations arising thereunder, and shall fully
indemnify and save harmless the Owner from all cost and damage which the Owner might suffer by reason of th
failure of the Principal to do so, and shall fully reimburse and repay to the Owner all costs, damages, and expenses
which the Owner may incur in making good any default by the Principal, and. shall promptly make payment o
prevailing wages to all persons supplying labor, equipment or materials for use in the prosecution of the work, whether
by subcontractor or otherwise, and including all insurance premiums on said work as provided for in such Contrad,
then this obligation shall be nuU and void, otherwise it shall remain in full force and effeil.
IN ADDITION, the Principal and Surety, jointly and severally, expressly guarantee that the Owner will be held
harmless from any liens, claims, demands or obligations in conjunction with materials or services provided with
respect to this Contrad. This bond shall remain in effect for a period of one year from the date of final acceptance.
The Owner may sue on this Bond, and any person furnishing material or performing labor, either as an individual or as
a Subcontractor, shall have the right to sue on this Bond in the name of the Owner for his use and benefit. The said
Surety, for value received, hereby stipulates and agrees that no change, extension of time, aftdration or addition to th
terms of the Contract or to the Work to be performed thereunder or the Contrad Documents accompanying the same
shad in any way affect its obligations on this Bond, and ft does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the Contrad or to the Work or to the Contrad Documents.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of an
beneficiary hereunder, whose claim may be unsatisfied.
(1) Contractor
(2) Sole Proprietor, Partnership or Corporation
(3) State in which project is located
(4) Surety
(5) Owner
(t3) 100 percent of the Contract
* One Hundred Sixteen Thousand .Six Hundred Z~aenty Nine Dollars & 29/100***
20
.-' ~ '
r;
•
IN WITNESS WHEREOF, this instrument is executed in several counterparts, each one of which shall be deemed an
original, this the day of , 30_.
By: J ~ \
Title:
(S
END OF SECTION
lv A_ Trelanr~
Countersi ture:
By:
Richard E. Daniels
21
(1) Contractor
(2) Surety
~R" ~ p >=j~ Federal lnsufancE Camp Attn.: Surety Department
C~i3~3~3 ~F -Vigilant Insurance Comj~i 15 mountain View Road
Siai'2~ ATTORNEY Pacific Indemnity Company Vyarren, NJ 07059
Know All by.These Presents, That FEDERAL UVSURANCE COMPANY, an Indiana corporation, VIGiLAN'f INSURANCE COMPANY, a New York
corporation, and PACiF3C 1NDEi41NITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Marc W . Boots ,
Joy Hajovsky, Morris D. Plagens, Jr., Amy Sustaire, James R. Donnelly, Jr. and
Beverly A. Ireland of .Houston, Texas---------------------------------------------
each as their true and Lawful Attorney-in-Fact to execute under such designation in their names and to affoc their corporate seals to and defrver for and
an their behalf as surely thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given
or executed in the course of business, and any instruments amending or altering the same, and consents to the moctficaGon or alteration of any
irw,trument referred to in said bonds or obligations.
In Witness YVhereof, said FEDERAL INSURANCE COMPANY, V1GiL.AN'1' INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each
executed and attested these presents and affaed their corporate seals on this 3rd day of May , 200 2
- (~
nneth C. Wendel, Assistant Secretary ~ Fra k E. Robertson, ice Pr ident
STATE OF NEW JERSEY
ss.
County of Sameraet .
On this 3rd day of May , 200 2 before ma, a Notary Publ'~e of New Jersey, personally came Kenneth C. Wendel,
to me known b be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE CCMPANY, and PACIFIC INDEMNITY COf~ANY, the
companies which executed the foregoing Power of Attorney, and the said Kennefh C. Werrdel being Iry me duly swam, did depose and say that he is Assistant
Secretary of FEDERAL INSURANCE CCMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNfTY COMPANY and knows the corporate seals thereof,
That the seals atfured to the foregoing Power of Attorney are such corporate seals and were thereto atTixed by authority of the lay-Laws of said Companies; and that he
signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with Frank E. Robertson{ and knows him to be
Vice ~ '~c@id Companies; and chat the signaaturo of Frank E. Robertson, subscribed to said Power of Ariomey is in the genuine handwriting of Frank E.
~° volyq.elo subscribed by authwrity of said By-Laws and in depor~nYs presence. .
i ~• ~•• •••• 'Q <i
-tV~\alfat seal •,9 ~ TA71A~ l NI8FdMlJAA
~; .~ PR y ; ~ ~Y Ptrl~ic, t3mte a New Jerttey ~2G~(
Q • ~O . iVc. 22-719et)
~ + ~'~ i w L 111 MeW Jersey Notary Public
r° P U g~'\C' ; ~ i Mort Ex~rsa Feb. 8, Z~TIFICATION
'Extract.hom thaB~i-L~ of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:.
•p~l ~e~ 6~tbmey for and on behalf of the Company may and shall be executed in the rime and on behalf of the Company, either by the
CtTalnr>ar1•or'Ihe President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their
respective designations. The signature of such officers may be engraved, printed or Ilthographed. The signature of each of the following
officers: Chaimtari, President, any Vice President, any Assistant Vice President, arty Secretary, any Assistant Secretary and the seal of the
Company may be affoced`~by Iacsimile !o any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or
Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and
any such power of attorney or certificate bearing such facsimile signature or facsimBe seal shall be valid and binding upon the Company and
any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with
respell to any bond or undertaking to which lt is attached.'
1, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY
COMPANY (the'Companies7 do hereby certify that
() the foregoing extract of the By-Laws of the Companies is true and correct,
(i) the Companies are duly icer>viced and attthor¢ed to transact surety business n aA 50 of the United States of America and the District of
Colombia and are autl~orized by the U. S. Treesury Deparhnenh further, Federal and Vgilant are licensed in Puerto Rico and the U. S. Vvgin
Islands, and Federal is famed ~ American Sarr>aa, Guam, and Bch of the Provir>ces of Canada except Prince Edusrard Island; and
(ii) the foregoing Power of Attorney is true, correct and in full force and effect
Given under my hand and seals of said Companies at Warren, NJ this day of
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Kenneth. C. Wend istant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR
NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY
Telephone (9Cti?) 903-3485 Fax (908) 903-3656 a-mail: sul-ety@chubb.com i
15.t0-0225(Ed4991 CONSENT
•
MEMORANDUM
TO: Andrea Lorenzo - Luaces, Deputy City Clerk
FROM: George Edwards, Capital Projects
RE: SR 434 and Tuskawiila Road Signalization Project
DATE: April 29, 2003
Transmitted herewith are the #ollowing 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