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HomeMy WebLinkAboutAPAC - Florida Proposal and Agreement -1997 06 17.BID NO. 97-006 Page ~ of 2~ PROPOSAL AND AGREEMENT It is intended that payment for all work done under the Contract Documents, including the furnishing of all labor, equipment and materials and the performing of all operations in connection with the construction of NEW WEARING COURSE OF NO LESS THAN ONE (1) INCH OF COMPACTED TYPE I or S-3 ASPHALTIC CONCRETE ON CERTAIN DESIGNATED CITY STREETS will be made under the following pay items. Other work for which there is not a pay item will be considered included in the contract Unit Price for the various pay items and no additional compensation will be allowed. A mix design will be required to be submitted to the City Engineer for approval. If recycled asphalt-concrete is used, it must be less than 30 percent and must be shown on the mix design. The Owner reserves the right to alter the Plans, extend or shorten the improvement, add such incidental work as may be necessary, and increase or decrease the quantities of work to be performed to accord with such changes, including the deduction or cancellation of any one or more of the Pay Items. Such changes shall not be considered as a waiver of any conditions of the Contract nor to invalidate any of the provisions thereof. A supplemental agreement between the contractor and the Owner will be required when such changes involve a net increase or decrease in the total amount of the original contract of more than twenty-five percent (25%). Should such changes result in changes in the quantities of the work to be performed, the Contractor will accept payment according to Contract Unit Prices for such items of work as appear in the original contract. The work will be done in compliance with the contract Documents and paid for under the Pay Items .herein listed. Quantities shown on the Plans shall govern over those shown herein. The contractor shall take no advantage of any apparent error or omission in the Plans or Specifications, and the Engineer shall be permitted to make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the contract Documents. The undersigned agrees that his Bid as stipulated herein shall be valid for a period of thirty (30) days from that date of this Bid opening. The proposal guaranty of the three lowest bidders shall be held for that period or until an award. of the contract is made. The undersigned agrees to start construction of this project .within 30 calendar days after notice of award of contract and notice to proceed, and to guarantee completion of the work within 45 calendar days thereafter. BID N0. 97-OQ6 FOR THE CONTRACTOR (GNAT Mn,ctu S. 1~p-fLW E, NAME ~32a~cN M~A~~~. TITLE ~R~C '~~O'4~1,~.A,SN ~ 1' \ALAS~pICYJ~'j ~~ J NAME OF CONTRACTOR forms s 2-4~ 9 ~~a-~~rr.~~~wNbs ~~ ADDRESS Page ~ ofd FOR THE CITY OF WINTER SPRINGS W SI ATURE Ronald W. McLemore NAME City Manager TITLE 06 ~/7- Q7 TE o~*Rr 'u~~i ~ ~ ° DONALD J ~AIATER NOTARY PUB C * MyOor""'~'•I~N~~9s~4a~ '"i • ~PkM JUI~ 1 ~~ ~~ ~jlOt /L0~~0 BID NO. _97-006 GENERAL CONDITIONS Page ~4 _ ofd 91 • ~~= PE• The scope of the work includes furnishing all labor, equipment, tools materials and incidentals necessary to complete the work in accordance with these specifications and the plans therefor in a first-class workmanlike manner, complete in all respects and ready for use. Q2. EN ~INEERSs The Owner has retained the City Engineer of the City of Winter Springs, Florida, 1126 East State Road 434, Winter Springs, Florida 32708- 2799 as the Engineer for this project. 43. APPLI ABLE SPECIFI ATIONS AND REQ IREMENTS These documents and attachments. 44• PERMITS AND RE ,UI ATION~• The Contractor shall procure and pay for all permits, licenses, and bonds necessary for the execution of the Work, and/or required by Municipal, State and Federal regulations, laws and procedures, unless specifically provided otherwise in the contract Documents. The Owner shall provide all required easements. The Contractor shall give all notices, pay all fees, and comply-with all Federal, State and Municipal laws, ordinances, rules and regulations and building and construction codes bearing on the conduct of the Work. This Contract, as to all matters not particularly referred to and defined herein, shall notwithstanding, be subject to the provisions of all pertinent ordinances, codes. and normal regulatory procedures of the municipality or other political subdivision within whose limits the work is constructed, which ordinances, codes and procedures are hereby made a part hereof with the same force and effect as if specifically set out herein, Municipal permits and licenses may be waived for this project. 45. BOND• The Contractor shall furnish a surety bond in an amount at least equal to one hundred percent (100%) of the contract price as security for the faithful performance of this contract and for the payment of all persons performing labor and furnishing material on the project under this contract, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringement on the part of said principal agents, or employees, in the execution of performance of said contract. The surety on such bond shall be a duly authorized surety company listed in the latest issue of the U.S. Treasury Department list of approved sureties. Each proposal shall be accompanied by a Proposal Guaranty in the form of a bid bond or cashier's check. The Proposal Guaranty shall be an amount equal to at least five (5) percent of the amount of the proposal, payable to the Owner, as a guaranty that the Bidder will execute the Contract, and file acceptable Performance Bond within ten (10) days after the award of the Contract. BID NO. _07-006 Page 1 ~_ ofd 06. INS RANCE AND HOLD HARMLESS• Hold Harml ss Agr .Pm ~. The contractor shall save and hold harmless the Owner and Engineer from claims under workmen's compensation acts and other employee benefit acts, from all others; and from claims for damages to property--any or all of which may arise out of or result from the contractor's operations under this Contract, whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Contractor's Ins ran -The Contractor shall not commence any work under this contract until he has obtained all insurance required under this paragraph. The Contractor shall provide the following insurance in the amount stipulated: 1. Workmen's Compensation disability benefit or other similar employee benefit laws as required by law. 2. Contractor's General Public Liability and Property Damage Insurance including vehicle coverage issued to the Contractor and protecting him from all claims for bodily injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under the Contract Documents, whether such operations under the Contract Documents, whether such operations be by himself or by any subcontractor under him, or anyone directly or indirectly employed by the contractor or by a subcontractor under him. Insurance shall be written with. a limit of liability of not less than S 1,000,000 for alf damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by two or more persons in any one accident; and a limit of liability of not less than 5500,000 for all property damage sustained by any one person in any one accident; and a limit of liability of not less than 51,000,000 aggregate for any such damage sustained by two or more persons in any one accident. Contractual liability insurance shall be included. The Explosion, Collapse and Underground exclusions shall be specifically deleted by endorsement. 3. Broad Form Type Fire & Extended Coverage including vandalism and malicious mischief property insurance - 100% of completed value. The Contractor shall provide any other insurance as may be required by local, State, and Federal law and regulations. 07. SALES TAX The Contractor shall include in his bid, and shall pay all Florida State sales tax and other local, State, and Federal Taxes in accordance with existing laws and regulations. 08. LAYO T OF WORK• The Contractor shall perform and be responsible for all layout work in connection with the project. The Engineer will furnish bench BID NO. 97-006 Page 1~_ ofd marks and will consult with the Contractor on the layout of the project, at the Contractor's request. All lines and grades established by the contractor shall be subject to checking by the Engineer, but this shall in no way relieve the Contractor of the responsibility for accurately establishing the lines and grades. 09. DEVIATIONS: Any deviations from these specifications, plans and contract documents, must be approved by the Owner and the Engineer in advance of the construction. The Contractor agrees that he will do such work as maybe required for the proper construction of the whole work herein contemplated, including all labor, equipment and materials reasonably necessary for the proper completion of the work. The contractor agrees that he will make no claim for extra work unless that materials or work is not covered by, or properly inferable from the Contract Documents. All such claims for extra work shall be filed in writing with the owner prior to performing said extra work, and if allowed, will be made a part of the Contract Documents by written change order, and payment deter mined in accordance with the provisions for changes in work. The failure to file such claims prior to doing the work shall be deemed a waiver thereof, and admission that no such claims exist. 10. DEFINITION AND COORDINATION OF CONTRACT DOCUMENTS• The advertisement for bids, Proposal and Agreement, General Conditions, Special Conditions, and addenda, any change orders, the drawings and specifications, and any supplementary documents are essential parts of this contract and together constitute the Contract Documents. Any item shown on the drawings shall be considered and included in the specifications, whether specifically mentioned therein or not, and vice versa. Any errors or omissions as to standards or work in the drawings and specifications shall in no way relieve the Contractor of the obligation to furnish a first class job in accordance with the best standard practice and in accordance with the intent of the Contract Documents. In case of conflict, the precedence of the contract documents shall be as follows: 1. AGREEMENT (Proposal) 2. ADDENDA (Modifications) 3. ADVERTISEMENT (if Applicable) 4. SPECIAL CONDITIONS 5. TECHNICAL SPECIFICATIONS 6. DRAWINGS 7. GENERAL CONDITIONS 8. PERFORMANCE BOND 9. PROPOSAL GUARANTY 1 1 . FINAL DRAWINGS: The Contractor shall keep an accurate record of the nature, location and dimension of all work, especially such work as may subsequently become concealed or inaccessible, and transmit this information, BID N0. _97-006 Page ~L ofd properly marked, on a set of Contract Plans to the Engineer when the work is committed to the Engineers in a neat and orderly manner before final payment is approved unless this requirement is waived in writing by the Engineer. 12. CONSTRUCTIONS HEDULE• Immediately after execution and delivery of the contract, the Contractor shall deliver to the Owner and the Engineers, a construction progress schedule in form satisfactory to the Owner, showing the proposed dated of commencement and completion of the required under the specifications. 13. PAYMENTS• (SEE NOTE 5 OF BID FORM) The owner shall retain ten percent (10%) of the total value of work completed to date as a retainage until final completion and acceptance by the Owner of the work. Upon presentation of suitable evidence satisfactory to the Engineer and Owner indicating that materials stored on the job site are to be incorporated into the work, and that by delivering and suitably storing said materials on the job site that they become the property of the owner, and substantiating cost of said materials in partial payment estimates. Such material, when so paid for by the Owner, will become the property of the owner, and, in case of default on the part of the Contractor, the owner may use or cause these materials to be used by others in construction of the project. However, the Contractor shall be• responsible for safeguarding such materials against loss or damage of any nature whatsoever, and in case of any loss or damage the contractor shall replace such loss or damaged materials at no cost to the owner. Final payment, including the retainage, will be made upon the completion of the work and certification by the engineer and acceptance by the owner that all of the work has been completed in accordance with the approved plans and specifications and will be paid to the contractor not later than thirty (30) days after final acceptance of the work by the owner. 14. PAYMENTS WITHHELD• The Owner may withhold from payment to the contractor, in addition to the retained percentage, such as amount or amounts as may be necessary to cover: (a) Payments that may be earned or due for just claims for labor or materials furnished in and about the work. (b) For defective work not remedied. (c) For failure of the contractor to make proper payments to his subcontractors. (d) Reasonable doubt that this Contract can be completed for the balance then unpaid. BID NO. _97-006 Page 1~_ ofd (e) Evidence of damage to another Contractor or Party. The owner will disburse, and shall have the right to act as agent for the Contractor in disbursing, such funds as have been withheld pursuant to this paragraph, to the party or parties who are entitled to payment therefrom. The owner will render to the contractor a proper accounting of all such funds disbursed in behalf of the contract. Neither the final payment nor any part of the retained percentage shall become due until the Contractor, if required, shall deliver to the owner a complete release of all liens arising out of this Contract, or receipts in full in lieu thereof and, if required in either case an affidavit that so far as he has knowledge or information the releases and receipts include all the labor and material for which a lien could be filed; but the contractor may if any subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the owner, to indemnify himself against any lien. If any lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such a lien, including all costs and a reasonable attorney's fee. ~ b. OWNER'S RI HT TO DO WORK OR TO TERMINATE CONTRACT If the contractor shall neglect to prosecute the work properly, or fail to perform any provision of this Contract, the Owner after seven (7) days written notice to the Contractor, may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due to the contractor; provided, however, that the Engineer shall approve both such action and the amount charged to the Contractor. If the contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of this creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors for material or labor, or persistently disregard laws, ordinances or the instruction of the Engineer, or otherwise be guilty of a substantial violation of any provision of the Contract, the Owner, then upon the certificate of the Engineer that sufficient cause exists to justify such action, may without prejudice to any other right or remedy, and after giving the Contractor seven (7) days written notice, terminate the employment of the contractor and take .possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method he may deem expedient. In such case, the contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, such excess shall be paid to the contractor. If such expense shall exceed the unpaid balance, the contractor shall pay the difference to the Owner. The expense incurred by the owner as herein provided, and the damage incurred BID NO. 97-006 Page 1~ of~9 through the contractor's default shall be certified by the Engineer. 16. SHOP DRAWIN ,S• When in the owners opinion shop drawings are necessary they shall be submitted in quadruplicate to the Engineer for review and approval prior to the purchase of said equipment. Two sets of approved shop drawings will be returned to the contractor, one set to the owner, and one set retained by the Engineer. 17. GENERAL GUARANTE All work to be performed under this contract shall be constructed in compliance with the plans, the specifications and standard construction codes, and must be guaranteed in writing by the Contractor and surety for a period of one (1) year from date of final acceptance against defective workmanship and material of any nature. On all items of equipment to be incorporated in the work, the Contractor and his surety must guarantee that the type, quality, design and performance will fully meet the specifications. 1$. MAINTENAN F BOND The Contractor shall provide a maintenance bond for all work to the local regulatory agency as required and in force by said agency at the time of the awarding of the contract; except when this requirement is waived in writing. 19. CONTRACTOR'S U E OF WATER• The Contractor-shall make arrangements with the utility company for supplying water for testing and flushing of water and sewer lines. No extra compensation will be made to the Contractor, and the Contractor shall be responsible for the cost of water used for his construction and testing procedures. (If water is also needed concurrently for home or other construction not by the Contractor, the Contractor shall make suitable arrangements with the owner, utility, or the user, regarding payment for that water). Acceptance of this proposal, as indicated by the Owner's signature below, shall constitute a working agreement between the Owner and the contractor for the construction of the proposed facilities. The Owner reserves the right to reject any or all bids on the project. Prior to executing this bid, the bidder is to verify and concur with the field measurements of the streets to be resurfaced. The bidder understands that the quantities in this Proposal are approximate only and subject to increase or decrease, and should they be increased or decreased, he will perform the work at the unit prices bid herein. BID NO. _ 97-006 Page .~Q_ ofd THIS CONTRACT ENTERED INTO BY AND ON BEHALF OF: ~ (-~-_ Attest: l Title: Date: ivlov Z FOR THE OWNER Title: 't32oa~~ M~,~,~2„ Contractor Received Addendum Nos. AP~C ~~Q~pA, ~-~, I~,~~~ ~,,, Contractor Accepted at Florida, this Attest: Title: By: Title: ~~ THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 140000200057 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): APAC - Florida, Inc., Macasphalt Division 655 S.R. 419 Winter Springs, FL 32708 OWNER (Name and Address): City of Winter Springs SURETY (Name and Principal Place of Business): Liberty Mutual Insurance Company 600 W. Germantown Pike Plymouth Mtg., PA 19462 1126 East State Road 434, Winter Springs, FL 32708-2799 CONSTRUCTION CONTRACT Date: May 27 , 1997 Amounpt: pp~11 ~se,4e3.3o ~tiee~tt~Res(uitacing ~~ ojkecni, Bid #97 - 006 BOND Date (Not earlier than Construction Contract Date) Amount: $ae,483 .30 Modifications to this Bond: (CONTRACTOR AS PRINCIPAL t,ompuny: (Corporate Seal) APRC ~'lo_~ida, Inc., Macasphalt Divis' n Signatwe: _ ,G 4 ~:ame and Tir' June 10, 1997 ~ None Qx See Page 3 SURETY Company: (Co orate Seal) Li rty Mutual Insu ance o any Signaturex Name and Denise Taylor Attorney-In- act (Any additional signatures appear on page 3) and Florida Licensed Resident Agent (FOR /NFORMAT/ON ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Willis Corroon Corporation of other party): Florida 7650 Courtney Campbell Causeway, Suite 920 Tampa, FL 33607 AIA DOCUMENT A912 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 1 THIRD PRINTING • MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the perfor- mance of the Construction Contract, which is incor- porated herein by reference. 2 If the Contractor performs the Construction Con- tract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in con- ferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and at- tempted to arrange a conference with the Contrac- tor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a con- tractor selected to perform the Construction Con- tract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Con- struction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the con- tractor selected with the Owner's concurrence, to be secured with performance and payment bonds ex- ecuted by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Con- tract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety per- form its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Sub- paragraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the respon- sibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Con- tract. To the limit of the amount of this Bond, but sub- ject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for cor- rection of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Con- tract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or suc- cessors. 8 The Surety hereby waives notice of any change, in- cluding changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. ' 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction- in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the pro- visions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A~12 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.c. zooos A312-1984 2 THIRD PRINTING • MARCH 1987 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.iBalance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is en- titled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.40wner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. ~~~ ~'i~'J"~JI::s1f)PJ d~.,JD LfA/II~TA"1~1U1'"~;~ ~~ ,;~=..;T10~~ 25~.Q5 OR SE~TIO - FLOr~I`~A STATk.1TES, ,;,. iiC-; ~_,;"_~.,rER iS APPLICAfSLE TO THE ~. ~-r~:gtrT, ARE II~COF~PO;~ATED Ir\ (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A~12 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. AIA Q THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.c. 2ooos A312-1984 3 THIRD PRINTING • MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 140000200057 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): APAC - Florida, Inc., Macasphalt Division 655 S.R. 419 Winter Springs, FL 32708 OWNER (Name and Address): City of Winter Springs SURETY (Name and Principal Place of Business): Liberty Mutual Insurance Company 600 W. Germantown Pike Plymouth Mtg., PA 19462 1126 East State Road 434, Winter Springs, FL 32708-2799 CONSTRUCTION CONTRACT Date: May 27 , 1997 Amount: $se , 483.30 gescri~ti~n (Nattne and I~ocaXion~: tree esur acing ro7ec Bid #97-006 BOND Date (Not earlier than Construction Contract Date): Amount: $8e , 483.30 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate S APAC - Florida Itnc., asphalt Div si n Nanie and Ti e: June 10, 1997 ~ None Qx See Page 6 SURETY Company: ( rate Seal) Liberty Mutual Insul ce Com ny 1 _ Signatur Name an e: Denise Taylor Attorney-In- act (Any ad~itional signatures appear on page 6) and Florida Licensed Residen ent /ft;'k /NFORMAT/ON ONLY-Name, Address and Te/ephone~ AGENT or BROKER: OWNER' [2EPRESENTATIVE (Architect, Engineer or Willis Corroon Corporation of othher party): Florida 7650 Courtney Campbell Causeway, Suite 920 Tampa, FL 33607 AIA DOCUMENT A>I12 PERFORMANCE BOND AND PAYMENT BOND DECEMEiER 1984 ED. AIA OR THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 4 THIRD PRINTINd • MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incor- porated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Con- struction Contract, provided the Owner has prompt- ly notified the Contractor and the Surety (at the ad- dress described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contrac- tor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contrac- tor and sent a copy, or notice thereof, to the Owner, within 9t) days after having last per- formed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Con- tractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satis- fy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner ac- cepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obliga- tions to Claimants under this Bond. 10 The Surety hereby waives notice of any change, in- cluding changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were fur- nished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the mini- mum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with ~- a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said stat- utory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incor- porated herein. The intent is that this AIA DOCUMENT A712 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. AIA Q THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK. AVE., N.W., WASHINdTON, D.C. 20006 A312-t 984 5 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall per- mit acopy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a sub- contractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to in- clude without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equip- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: ment used in the Construction Contract, architec- tural and engineering services required for perfor- mance of the work of the Contractor and the Con- tractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the juris- diction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement be- tween the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Con- tract or to perform and complete or comply with the other terms thereof. , I t 's?f='.V''JISIORI AI'~L.f Lirvllln' TIC)r~~.:: ~?F ~;E-CTIflR~ ?_5c±.05 Cli ~E~TIGi' 713.23. FL.UNfDA :;_f,Al UTES, ,,^,f1-j1C;1-fF',/F~1 I;'s '"~F'PL~;r1E~!._F TQ TE-,F ~'i;. f~T~~A.C;T, ~3,I'1~} !f~aC:' „if'(_~RATE(~ i~ (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: Address: Signature: _ Name and Title: Address: (Corporate Seal) SURETY (Corporate Seal) Company: AIA DOCUMENT A>f12 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 6 THIRD PRINTING • MARCH 1987 11iIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 33158 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY r .y O a m '~ UJ Y C ~ C ,pi L `a ~° 7 ~ 07 V d O W y> ~I ti ~ . 7 ..'~ ~ ~N 'O~ . ` y0 o ;; c co m .. ,mod ~m t: I: ~ L yr ~~ ~_ ~ c0 C ~ ~ 'C~ '.Z ~ KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts mutual insurance company, .pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint, JAMES W. DUNN, DAVID H. CARR, DENISE, TAYLOR, MIRNA RAMOS, SHARI HARRISON, ALL OF THE CITY OF TAMPA, STATE OF FLORIDA ...... ................................................ . each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal,. acknowledge and deliver, for and on its behalf, as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding THIRTY MILLION*"************************************** DOLLARS ($ 30,000,000 ******** )each, and the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XVI -Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this instrument has been subscribed by its authorizedT~fficer and the corporate seal~gf the paid Liberty Mutual InSi~an~e Company has been affixed thereto in Plymouth Meeting, Pennsylvania this day of November 19 yti LIBERTY MUTUAL INSURANCE COMPANY By t~,re~' G/. ~,~e'~.zCS Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 7th day of NOVembef , A.D. 19 96 ,before me, a Notary Public, personally came the individual, known to me to be the therein descrilaed~tindividual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- ged that he executed the.~ame andithat the seal affixed to the said preceding instrument is the corporate seal of said company; and that said corporate seal and his signature ~ubs~ilb8c}Qfaei~eto.was duly affixed and subscribed to the said instrument by authority and direction of the said company. IN TESTIMO~]Y.U.f/HEREOF, 1 hbt~eun~ set my hand and affix my official seal at Plymou Meeting, P ,the day and year first above written. '. y Notary Public ~ '~ CERT1FtCATE I, the undersigned; .Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that .the original power of attorney of which the foregoing is a full, true and cdi"f'~ct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in Article XVI, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 10TH day of JO1~ , 19 97 sistant ec etary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTI E AFTER November 7 ty 9$ N d c .~ _ c O v F- dW C ~ ~a QM O ~' ~ C 3~ a°E ea NO so w~ oc ~_2d .`p ~ '~ F ~~ yo +~+ N I: ~ L M C ~ Oo VT ~~