HomeMy WebLinkAboutA.P.E.C., Inc. Traffic Calming -1999 07 22
NOTICEQF AWARD
TO: A.P.E.C., Inc.
7819 Thicket Lane
Orlando, FL. 32819
PROJECT DESCRIPTION:
TRAFFIC CALMING DEVICES Project '103..99
The OWNER has considered the BID submitted by you for the above described WORK in
response to the Advertisement for Bids dated Jun~ 23.1999. and information for Bidders.
You are hereby notified that your BID has been accepted for the bid items in the amount of
J108.231.20.
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 O'M'ler'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 14 day of ~, 1999
By: j(ubWtJ LA) '~
Title: City Manager
ACCEPTANCE OF NOTICE
Receipt and acceptance of the above NOTICE OF AWARD is hereby acknowledged by
A.P.E.r;:.. Inc. this the ,x/JJU> day of .J ":Zz ' 1999.
By 'm, C ~~,
Title ~c -e ~~\, ~ \
SECTION 00500
AGREEMENT
THIS AGREEMENT MADE THIS 287!:: DAY OF J; )1-, , 199~between the CITY OF
WINTER SPRINGS of 1126 East State Road 434, Winte Sprirlgs, Florida 32708, Seminole County,State
of Florida, herein referred to as OWNER and A.P.E.C..Inc. of OrlandoL 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 the construction of the Traffic Calming Devices.
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 calendar days after the
issuance of a written Notice to Proceed and shall complete the work within 90 calendar days from
the date of the Notice to Proceed. Extensions, if any, are authorized by OWNER, and may only be granted
in writing.
4. LIOUIDATED 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 $100.00 for each day that
expires after the time specified in Paragraph 3 for substantial completion has expired until the work is
finally complete and the Substantial Completion Certificate has been issued and that OWNER has paid to
CONTRACTOR the consideration of Ten ($10.00) Dollars as consideration for this provision.
5. CONTRACT PRICE, LUMP SUM CONTRACT - The OWNER will pay the CONTRACTOR in
current funds for the performance of the work, subject to additions and deductions by Change Order,
the Total Contract Price of One Hundred Eiqht Thousand Three Hundred Twenty One and 20/00
Dollars ($ 108.231.20 ). Payments will be made to the CONTRACTOR based on the Lump Sum Bid
amount, the Schedule of Values, and subject to completion of the work, in accordance with the
Contract Documents.
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) 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 witheld 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 all liens arising out of 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 George F. Edwards, Capital
Projects Coordinator, is the City's Project Director during the entire period of construction. The
OWNER (City) may change the Project Director during the term of this contract.
b. Insoections. Ooinions. and ProQress Reoorts. 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 Work Site for Insoections. The OWNER shall be given free access to the works site
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 Disoutes. 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 StoooaQe 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 therefor.
CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract
Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR
to undertake the contract work.
e. CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after
acceptance by OWNER.
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. MEDIATION/VENUE - 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 co, ntractor,: ~~' r 2. C,
in the presence of: ~ C
\\ \) " '-~-,--, .--,,_. .
Name: r<\ ~ \ \ \~ ~ 0 ,-Aq J \.,'
Address and Telephone:
"\ ~ \ C\'Th~c.\u\ LN.
f)~
Owner:
Cit of Winter Spr~s _
/ 11/~
: Ronald W. [vicLemore
City Manager
1126 East State Road 434
Winter Springs, FL. 32708
407-327-1800
NOTICE TO PROCEEQ
TO:
A.P.E.C., !nc
7819 Thicket Lane
Orlando, Florida 32819
DATE:
July 30, 1999
PROJECT:
r'lJlJjc Calm/nIl {)~~
City cpfWi!!ter S~riD2S Proieet No. 013-99
You are hereby notified to commence WORK in accordance with the Agreement dated July 28,
1999 on or before August 9, 1999 and you are to complete the WORK within 90 consecutive
calendar days thereafter. The completion of all WORK is therefore November 7, 1999.
&wkf U /)"7/1,/'
,
By
---=
Name Ronald W. Mclemore
Title City Manager
ACC~P'(AN(::E OF NOTI~E TO PRQQm
RECIEPT OF THE ABOVE NOTICE TO PROCEED IS HEREBY ACKNOWLEDGED
this 30rt.day of . dJL! , 19..Lr
Title
By
Monday, Jvne 28, 1999 1 :27 PM
To: Geo"""'- Edward
From: Thomas E. Corkhin,
898-8813
Page: 2 of 2
ACORD. CE RTf FfCATE...OF...CIABI LITY.. INSURANCE CSR>CC DATE (MM/DDNY)
APECI~l 06/28/99
PRODUCER THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION
Thomas E. Corkhill Ins. Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
20 S. Bumby Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 538891 AlTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Orlando FL 32853 COMPANIES AFFORDING COVERAGE
Scott Corkhill #A054965 COMPANY
407-S98-8891 407~898-8S13 A CNA Insurance COJDPany
Phone No Fax No
INSURED COMPANY
B
COMPA.I\J'Y
Apec. Inc. C
P.O. Box 50903 COMP.aNY
Oralando FL 32819 0
..... .......> ....... .......... ..... ..... ..... .... >. ..... ..... ..> >........ ..........>..... .....
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BeEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITH$T ANDING 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE F'OUCyeXP1PATION L1MfTS
lTl'l DATE (MM/DDIYY) DATE (MMlDDIYY)
GENERAlllABJUTY GENERAl AGGREGATE $ 2 , 000, 000
-
A ..!. COMMERCLl\l GENERAlll'lBlUTY 03/19/99 03/19/00 PRDDUCTS.CDM~OPAGG $ 2 , 000, 000
:=J CLAIMS MADE [!] OCCUR PERSONAl & /lOV INJURY $ 1,000,000
----
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $1,000,000
- _.
FIRE DAMAGE (Any on. fir., $ 100,000
-
MEO EX? (Any one person) $5 000
AUTOMOBILE lIAEllITY
- COMBINED SINGle LIMIT $
ANY AUTO
.....
All OWNED AUTOS SODll Y INJURY
- $
SCHEDULED AUTOS (Per person)
--
HIRED AUTOS BOOIL Y INJURY
- $
NON-OVVNED AUTOS (Per accident)
--
- PROPERTY DAMAGE $
GARAGE lJABlUTY AUTO ONLY - EAACCIDENT $
- ................ .............................
ANY AUTO OTHER THAN AUTO ONLY
-
EACH ACCIDENT $
AGGREGATE $
EXCESS lIABILITY EACH OCCURRENCE $
==J UMBRELLA FORM AGGREG"-TE' $
OTHER THAN UMBREUA FORM $
WORKeRS COMPENSAll0N AND I ~cfRv,~~~~ I r~ .......<>..............
eMPLOYERS' lJABlUTY $
EL EACH ACCIDENT
THE PROPRIETORI R'NCl El DISEASE - POLICY LIMIT $
PARTNERSIEXECUTIVE
OFFICERS ARE EXCL El DISEASE - EA EMPLOYEE $
OTHER
DESCRIPTION OF OPERATlONSlLOCATIONSlVEHICLESlSPECIAL ITEMS
Attn: George Edward
........ .... ...... ..,..,"'''', .... .... ...... ......... ............... ....: .... ..... ...
WINTE-8 SHOULD ANY OF THE AEOVE DESCRIBED POLICIES 6E CNKellED BEFO~E THE
EXPiRATlOl'-./ DATE THEREOF, THE ISSUING COMPANY VVlLL ENDEAVOR TO MAIL
~ DAYS V\lRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
of Springs SUCH NonCE SHALL IMPOSE NO OBLIGATION OR LIABILITY
City Winter
1126 E. SiR 434 OF AlN VJND UPON THE COMPANY, ITS AGENTS OR 1<EPRESEI,ITATIVES
Winter Springs FL 32'708 AlffiiORIZED REPRESENTATIVE
Scott Corkhill IA054965
ACOR025-S(1195} ....ACORO.CORPORATION1988
THE AMERICAN INSTITUTE OF ARCHITECTS
.
Bond No.: 70717009
Executed in 4 Counterparts
AlA Document A311
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: that
APEC, Inc.
7819 Thicket Lane, Orlando, FL 32819 (407) 493-4022
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Contractor, and,
John Deere Insurance Company
3400 80th Street, Moline, IL 61265-5886 (800) 447-0633
as Surety, hereinafter called Surety, are held and firmly bound unto
City of Winter Springs
1126 East SR434, Winter Springs FL 32708-2715 (407) 327-5989
(Here insert full name and address or legal title of Surety)
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, in the amount of
One Hundred Eight Thousand, Two Hundred Thirty One & 20/100
Dollars ($ ---108,231.20-
),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated :zB __.J, L; I)} 99
(Here insert full name and address and description of project)
, entered into a contract with Owner for
Project #103-99, Winter Springs Traffic Calming Devices, Intersection of SR434 & Wade Street, Winter Springs FL 32708
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND,. AIA@
FEBRUARY 1970 ED. . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NY. AVE., NW., WASHINGTON, D.C. 20006
lORidA A.
S 'RElY .~
Nds INC.
1
222 S. Westmonte Drive, Suite 307
A1tamonte Springs, FL 32714
(407) 786-7770
PERFORMANCE BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform
said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner
to be in default under the Contract, the Owner having
performed Owner's obligations thereunder, the Surety
may promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with its terms
and conditions, or
2) Obtain a bid or bids for completing the Contract in
accordance with its terms and conditions, and upon de-
termination by Surety of the lowest responsible bidder,
or, if the Owner elects, upon determination by the
Owner and the Surety jointly of the lowest responsible
bidder, arrange for a contract between such bidder and Owner,
and make available as Work progresses (even
though there should be a default or a succession of
Signed and sealed this
~;?/ltD
0~~,
(Witness)
~..; .~..., ;;(. ~~.;j'~~--'
(Witness)
defaults under the contract or contracts of completion
arranged under this paragraph) sufficient funds to pay the
cost of completion less the balance of the contract price;
but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount
set forth in the first paragraph hereof. The term "balance
of the contract price," as used in this paragraph, shall mean
the total amount payable by Owner to Contractor
under the Contract and any amendments thereto, less
the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before
the expiration of two (2) years from the date on which
final payment under the Contract falls due.
No right of action shall accrue on this bond to or for
the use of any person or corporation other than the
Owner named herein or the heirs, executors, adminis-
trators or successors of the Owner.
da::EC'Inc~ J:~ LJ J1). 2Jl
(Title)
John Deere Insurance Company
(Surety)
(Seal)
.T2ttR
Jeffrey ,(Title)Attomey-in-Fact & Florida
Licensed Resident Agent (407) 786-7770
AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND' . AlA @
FEBRUARY 1970 ED. . THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 N.Y. AVE.. NW.. WASHINGTON. D.C. 20006
2
THE AMERICAN INSTITUTE OF ARCHITECTS
.
Bond No.: 70717009
Executed in 4 Counterparts
AlA Document A311
labor and Material Payment Bond
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that
APEC, Inc.
7819 Thicket Lane, Orlando, FL 32819 (407) 493-4022
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Principal, and,
John Deere Insurance Company
3400 80th Street, Moline, IL 61265-5886 (800) 447-0633
(Here insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto
City of Winter Springs (Here insert full name and address or legal title of Owner)
1126 East SR434, Winter Springs FL 32708-2715 (407) 327-5989
as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the
amount of One Hundred Eight Thousand, Two Hundred Thirty One & 20/100
(Here insert a sum equal to at least one-half of the contract price)
Dollars ($
---108,231.20--- ),
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated "2 B J t > C1 I ~ 9 ~ ,entered into a contract with Owner for
(Here insert full name and address and description of project)
Project #103-99, Winter Springs Traffic Calming Devices, Intersection ofSR434 & Wade Street, Winter Springs FL 32708
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND.. AlA lID 3
FEBRUARY 1970 ED. . THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NY AVE.. NW.. WASHINGTON. D.C. 20006
t". ORidA~ 222 S. Westmonte Drive, Suite 307
RElY A1tamonte Springs, FL 32714
d I.' (407)786- 7770
N S NC.
LABOR AND MATERIAL PAYMENT BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all
claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the
Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol-
lowing conditions:
1. A claimant is defined as one having a direct con-
tract with the Principal or with a Subcontractor of the
Principal for labor, material, or both, used or reasonably
required for use in the performance of the Contract,
labor and material being construed to include that part of
water, gas, power, light, heat, oil gasoline, telephone
service or rental of equipment directly applicable to the
Contract.
2. The above named Principal and Surety hereby
jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in
full before the expiration of a period of ninety (90)
days after the date on which the last of such claimant's
work or labor was done or performed, or materials were
furnished by such claimant, may sue on this bond for
the use of such claimant, prosecute the suit to final
judgment for such sum or sums as may be justly due
claimant, and have execution thereon. The Owner shall
not be liable for the payment of any costs or expenses
of any such suit.
3. No suit or action shall be commenced hereunder by
any claimant:
a) Unless claimant, other than one having a direct
contract with the Principal, shall have given written
notice to any two of the following: The Principal, the
Owner, or the surety above named, within ninety (90)
days after such claimant did or performed the last of the
work or labor, or furnished the last of the materials for
which said claim is made, stating with substantial
accuracy the amount claimed and the name of the party
to whom the materials were furnished, or for whom
the work or labor was done or performed. Such notice
shall be served by mailing the same by registered mail or
certified mail, postage prepaid, in an envelope ad-
dressed to the Principal, Owner or Surety, at any place
where an office is regularly maintained for the trans-
action of business, or served in any manner in which
legal process may be served in the state in which the
aforesaid project is located, save that such service need
not be made by a public officer.
b) After the expiration of one (1) year following the
date on which Principal ceased Work on said Contract, it
being understood, however, that if any limitation em-
bodied in this bond is prohibited by any law controlling
the construction hereof such limitation shall be deemed
to be amended so as to be equal to the minimum period
of limitation permitted by such law.
c) Other than in a state court of competent jurisdiction
in and for the county or other political subdivision of
the state in which the Project, or any part thereof, is
situated, or in the United States District Court for the
district in which the Project, or any part thereof, is sit-
uated, and not elsewhere.
4. The amount of this bond shall be reduced by and to
the extent of any payment or payments made in good
faith hereunder, inclusive of the payment by Surety of
mechanics' liens which may be filed of record against
said improvement, whether or not claim for the amount
of such lien be presented under and against this bond.
THIS BOND HEREBY IS AMENDED SO THAT THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 OR
SECTION 713.23, FLORIDA STATUTES, WHICHEVER IS APPLICABLE, ARE INCORPORATED HEREIN BY
REFERENCE.
Signed and sealed this
a~ND
[)J~
(Witness)
~.TA....~~"J ~ /J...~~~~..
(Witness)
day of .J 0Lj , /?
APEC,Inc. m L-e
g (Principal)
fl~: jJ~
(Title)
1999
(Seal)
John Deere Insurance Company
(Surety)
(Seal)
. TatcL.
AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND'. AIA@
FEBRUARY 1970 ED. . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006
4
John Deere Insurance Company
POWER OF A TIORNEY
Bond Number: 0707-17OCE
KNOW ALL MEN BY THESE PRESENTS, that John Deere Insurance Company, a corporation duly organized under the laws of the State
of Illinois, and having its principal place of business in the City of Moline, State of Illinois, does hereby make, constitute and appoint
Jeffrey W. Reich and Susan L. Reich its true and lawful Attorneys-in-Fact, for it, and in its name, place and stead, with full power and
authority to sign, execute, acknowledge and deliver for and on its behalf and Surety, any and all bonds to a maximum limit of $5,000,000. per
bond numbered above with an effective date of Year_. This Power of Attorney is valid through December 31,1999.
IN WITNESS WHEREOF, the John Deere Insurance Company has caused their name to be subscribed hereto by its Senior Vice President,
and its corporate seal to be affixed, atte ted to by its Assistan~~~r~~.?ry.'~~n this 5th day of March 1999.
Signed: /seal: ~~... . ~:~~~:_~'.:.(.;;~~' Attest:
I ~. ,,' -.. ()
I / '! --0
0: CORPORATE~?: 1i
/ ~~ SBAL E:u'1
. /j~ ~ 0'- ,....-:; ~f
;at/.; / -1-. ,"..,
Robert D. Holland, Senior ice President ~ '~z.;';:;;::~ ':...~$/
John Deere Insurance Company ~
Peter H. veil, Assistant Secretary
John Deer Insurance Company
State of Connecticut)
) ss.
County of Hartford )
ACKNOWLEDGEMENT
I, Lisa L. Johnson, Notary Public, do hereby certify that Robert D. Holland, Sr. Vice President of John Deere Insurance Company and Peter
H. Lovell, Asst Secretary of John Deere Insurance Company, personally known to me to be the same persons whose names are subscribed
to the foregoing instrument as such Senior Vice President and Asst Secretary, appeared before me this day in person, and acknowledged
that they signed, sealed and delivered said instrument as their free and voluntary act for the uses and purposes therein set forth.
Given under my hand and official seal, this 5th day of Mar~
LISA L. JOHt\1S0N ~;?
NOTARY PUp? '1 .
MY COMMISSION EXPIF!ES. j Lisa L. Johnson otary
~IJTHORIZA TION
/
/
I, Peter H. Lovell, Assistant Secretary of John Deere Insur~nce Company, hereby certify that John Deere Insurance Company is duly
licensed to transact fidelity and surety business in all States of the United States of America, that the foregoing Power of Attorney is a correct
and true copy of the original Power of Attorney, that said Power of Attorney has not been revoked, and I further certify that the following is a
true and exact copy of two resolutions passed by the Board of Directors of John Deere Insurance Company at meetings held by said Board, a
quorum being present and voting on the date specified below, which resolutions are still in effect:
RESOLVED, that the President or any Senior Vice President in conjunction with any Secretary or Assistant Secretary, be and they
are hereby authorized and empowered to appoint Attorneys-in-Fact of the company, its name and as its acts, to execute and acknowledge for
and on its behalf as Surety any and all bonds, recognizance, contracts of indemnity, waivers of citation and all other writings obligatory in the
nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-Fact shall be as
binding upon the Company as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their
own proper persons. (Adopted 11 September 1969.)
RESOLVED, that the signature of any Officer authorized by the Bylaws and the Company seal may be affixed by facsimile to any
power of attorney or special power of attorney or certification of either for the execution of any bond, undertaking, recognizance or other
written obligation in nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of
such Officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though
manually affixed. (Adopted 29 April 1971.)
Given under my hand and official seal, this 5th day of
FloRidA
SURElY
BONds, INC.
~
222 S. WESTMONTE DRivE, SuiTE ~07
AlTAMONTE SpRiNQS, FL ~2714
407--786--7770
FAX 407--786--7766
888--786--BOND (266~)
FAx 888--718--BOND (266~)
WWW.FlORidASURETYBONds.COM
July 21, 1999
City of Winter Springs
1126 East SR434
Winter Springs FL 32708-2715 (407) 327-5989
Re: Authority to Date Bonds and Powers of Attorney
Principal: APEC, Inc.
Bond No.: 70717009
Project: 103-99, Winter Springs Traffic Calming Devices,
Intersection of SR434 & Wade Street, Winter Springs
FL 32708
Dear Sir or Madam:
Please be advised that as Surety on the above referenced bond, executed on
your behalf for this project, we hereby authorize you to date the bonds and
the powers of attorney concurrent with the date of the contract agreement.
Once dated, please send a copy of the dated bonds to our office.
Sincerely,
John Deere Insurance Company
~Ii JJ .1?a"' J-
Jeffr6/4!v.~~ich
Attorney-in-Fact and
Florida Licensed Resident Agent
M~MORANDUI4.
RE:
Andrea Lorenzo.. Luaces, Deputy City Clerk
George Edwards, Capital Projects Coordinator()fO
Documentation for Project #013-99 -
Traffic Calming Devices
August 5, 1999
TO:
FROM:
DATE:
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 Bond and Labor and Materials Payment Bond