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HomeMy WebLinkAbout2002 01 14 Regular E Agreement Hickory Grove Park Road and Tuscawilla RoadCOMMISSION AGENDA ITEM E January 14, 2002 Meeting CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X ,~ ~~~ MGR ~ !DEPT J Authorization REQUEST: Public Works Department Requesting Authorization to enter into a Contractual Agreement for the construction of Hickory Grove Park Road and Tuskawilla Road (Main Street) Roadway Improvements. PURPOSE: The purpose of this Board item is to request authorization to enter into a contractual agreement with Esterson Construction Company, Inc. of Longwood, for the construction of the Hickory Grove Park Road and Tuskawilla Road Roadway Improvements. This project provides for water, sewer, storm drain, and road access facilities for the Town Center at a base cost of $1,717,777.00 plus any additive alternates selected plus a 10% contingency. CONSIDERATIONS: This project is needed to implement developer agreement commitments made by the City to JDC Calhoun and Schrimsher. This project provides the necessary infrastructure to begin construction of the Town Center. Bids for this project were opened on November 28, 2001 under Bid # ITB-002-02/GE. The City Clerks summary is attached. The low bidder was Esterson Construction Company, Inc. of Longwood, Florida, with a bid of $1,717,777.00. The engineer's estimate of construction cost was $1,815,000.00. The project scope of work includes all labor, equipment, and materials for the construction of a water distribution system, wastewater collection system, stormwater management system and the roadways conceptually designated Hickory Grove Park Road and Main Street. All permits have been received. In addition, the bid included three alternatives for the construction of additional brick pavers; 1) all of Main Street to north of the proposed January 14, 2001 Regular Agenda Item E Page 2 Spine Road, 2) all the pazking spaces along Main Street, and 3) the turn lane at S.R, 434. The bid cost for these alternatives was $101,062.50, $55,030.50, and $9,345, respectively. Base Costs $1,583,188.45 $1,583,188.45 $1,583,188.45 $1,583,188.45 Water & Sewer $134,588.55 $134,588.55 $134,588.55 $134,588.55 Alternate #1 $101,062.50 $101,062.50 $101,062.50 Alternate #2 $55,030.50 $55,030.50 Alternate #3 $9,345.00 TOTAL $1,717,777.00 $1,818,839.50 $1,873,870.00 $1,883,215.00 The Capital Projects Coordinator and consultant's recommendation aze attached along with the agreement form. FUNDING: The base contract amount of $1,717,777.00 of which $134,588.55 is for utility improvements. The proposed funding source for the majority of the roadway work is the City's portion of the 1991-2001 One Cent Sales Tax ($2,431,121 remaining) and the Utility 2000 Construction Fund will fund the Utility improvements. In addition, we have budgeted $300,000 from the Transportation Impact Fee Fund for this project. • REVENUES Initial One-Cent Sales Tax $2,800,000.00 Transportation Impact Fee Fund $300.000.00 Available Funds $3,100,000.00 EXPENSES Oak Forest Wall Footing ($292,000.00) Stamped Asphalt Project ($76,879.00) R/W Acquisition (Blumberg, Kingsbury) ($152,723.37) Design Services (less utilities design cost) ($165,571.97) Base Construction contract (less utilities) ($1,583,188.45) Construction Contingency (with paver altemates) ($176,721.85) Construction Administration ($121,605.00) All three paver alternates ($165,348.00) Bury utilities (estimated) ($175,000.00) Signalization Upgrades (434/Main) (est.) ($125,000.00) Remaining Funds $65,872.37 January 14, 2001 Regular Agenda Item E Page 3 Funds are available to include all three of the paver options. It is our intent to utilize all of the One-Cent Sales Tax Funds first before using the Transportation Impact Fee Funds. The funds will be spent over the next 270 days. RECOMMENDATION: It is recommended that authorization be granted to enter into a contractual agreement with Esterson Construction Company, Inc. of Longwood, for the construction of the Hickory Grove Pazk Road and Tuskawilla Road Roadway Improvements at a base cost of $1,717,777.00 plus any additive alternates selected plus a 10% contingency payable from the One-Cent Sales Tax, Utility 2000 c ion Fund and Trans ortation Im act Fee fund. Constru t p p IMPLEMENTATION SCHEDULE: The scope of work will be completed within 270 days of issuance of the NTP. ATTACHMENTS: 1. Paver Alternates Costs and Schematic 2. Capital Project Coordinator recommendation 3. City Clerk Summary -Bid #ITB-002-02/GE 4. Proposal and Agreement COMMISSION ACTION: • • _ • ADDITIVE ALTERNATE PRICE • FROM APPARENT LOW BIDDER 53.85 S/F x 29,200 S/F = =112,420.00 LESS ASPHALT 53.50 S/F x 3,245 S/Y = <571,357.50> 4Q~i TOTAL COST FOR OPTION 1 = j101,062.50 QQ ~yoSyY p i ~ 3~:° ~~~~$ ~ N s m Z O O O D m Z O o > r fn p' pO ~ ~~1_ ~~ ~~-- n D D O z~ ~~ ~~ ~~ DDD D~ D r D ~ zZ vz m T C m • ;~ Y - - --T ~ r` a ~ ~ r~ ~~ OPTION 1 (~'T ADD PAVERS FOR ALL REMAINING TRAVEL LANES FROM SR434 TO I END OF PAVING ® STA t28+00 n m Z O r ADDITIVE ALTERNATE PRICE ~ FROM APPARENT LOW BIDDER $3.85 S/F x 15.900 S/F = $61,275.00 LESS ASPHALT $3.50 S/F x 1,767 S/Y = <$6,184.50> 3 ~~ ~g~g ~ TOTAL COST FOR OPTION 2 = $55,030.50 ~~o g .8 ~~~~~ ~ ~~~~ ~ € N ~ 4 8 ~ z O D ~ m 2 O 1a ~ P O ~ p O / O O ~ D ~r I~~ D° r II~~ ~m iD~ D7D r~ ~~ ~ O~ I~p~ Oz z ~ N ~ m `~~ OPTION 2 ADD PAVERS FOR ALl PARALLEL jjj AND ANGLE PARKING AREAS PAVER ALIGNMENT PERPENDICULAR TO TRAVEL LANES ~a ~~ r~ F~ • • ADDITIVE ALTERNATE PRICE • FROM APPARENT LOw BIDDER $3.85 S/F x 2.700 S/F = $t 0,395.00 LESS ASPHALT $3.50 S/F x 300 S/Y = <$1,050.00> ~~ „a Q j TOTAL COST FOR OPTION 3 = $9,345.00 4~o~g ~Y~~ ~~~~$ ~ m > a m r 2 O Z O ~ ~~ r a ~_ N O O ~ O ~ G ~~ ~I D ~ ,- r ~ m~ D~ \ D rm ~ D ~ m~ p~ ~~ Oz z ~ -- --~ ~~ OPTION 3 ADD PAVERS TO RIGHT TURN LANE ONTO SR43a ~_ w~ c m - - ~~ - _ _ - r ~ ~ a f l F a Al fACHMENl NU. t MEMORANDUM to: Kip Lockcuff, P.E. Utilities/Public Works Director FROM: George F. Edwards, P.E. Capital Projects Coordinator RE: Bid Analysis, Bid # ITB-002-02/GE Hickory Grove Park Road and Tuskawilla Road Roadway Improvements oaTE: December 12, 2001 On Wednesday, November 28, 2001, the City of Winter Springs received bids for the construction of Hickory Grove Park Road and Tuskawilla Road Roadway Improvements. The bids received were priced as follows: Comaanv Bid 1) Esterson Construction Co. Inc. $1,717,777.00 2) CDS Sitework and Trucking, Inc. $1,901,420.90 3) American Persian Engineers 81 Constr., Inc. $1,976,846.00 4) Masci Construction, Inc. $2,025,014.25 5) Prime Construction Group, Inc. $2,038,000.00 6) Perri Builders, Inc. $2,048,000.00 7) Southland Construction, Inc. $2,281,744.50 8) Gibbs ~ Register, Inc. $2,369,281.25 The Engineer's estimate of probable construction cost of the project was $1,815,000.00. The amount budgeted was $1,606,000.00. EVALUATION OF RESPONSIVENESS The low bidder, Esterson Construction Company, Inc. provided all required documentation to establish bidder responsibility. The bid may be considered responsive. Hickory C3rove-Bid Analysia/Recommendation EVALUATION OF RESPONSIBILITY The references supplied by Esterson Construction Company, Inc. were verified with positive results. After review of the references, the Engineer, CPH, recommended that the contract be awarded to Esterson Construction Company, Inc. FUNDING The funding source for this project is the 2001 Utility Construction Fund,Transportation Impact Fee Fund, and the One Cent Sales Tax Fund. RECOMMENDATION In my opinion, an award of the WTP #1, Well#4 Project to Esterson Construction Company is in the best interest of the City. IMPLEMENTATION SCHEDULE The scope of work will be completed within 270-calendar days of the date of the Notice to Proceed. • Attachments: 1) City Clerk's Bid Summary 2) Engineer's Recommendation 3) Bid Analysls/Breakdown 4) Draft Contract Hickory Grove-Bid Analysis/Recommendadon • December 11, 2001 Mr. George Edwards, P.E. City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Re: City of Winter Springs Town Center Roadway Projects Tuskawilla Road and Hickory Grove Park Road Engineer's Recommendation to Award Contract CPH Project No. W04100 Dear Mr. Edwards: CPH Engineers, Inc. 1117 East Robinson Street Suite C Orlando, Florida 32801 Phone:407-425-0452 Fax:407-648-1036 www.cphengineers.com The purpose of this letter is to give the Engineer's recommendation to award the Contract for the construction of "Tuskawilla Road Roadway Improvements and Hickory Grove Park Road Roadway Improvements". We received copies of the bid packages from the City for all of the bidders on the project. The apparent low bidder is Esterson Construction Company, Inc. with a total base bid amount of $1,717,777.00 From our review of the bid tabulation, it appears that the prices from Esterson Construction Company, Inc. reflect an understanding of the worts required by the plans and specifications. Overall, the prices for each item appear to be reasonable. We requested that Esterson Construction Company, Inc. provide us with a list of recent references far projects they have completed in the Central Florida area so that we could verify their work: From the information received from the references, we believe that Esterson Construction Company, Inc. has the experience and resources necessary to construct the "Tuskawilla Road Roadway Improvements and Hickory Grove Park Road Roadway Improvements" project in accordance with the plans and specifications. Therefore, we recommend that the City of 1Mnter Springs award the construction contract to the low bidder, Esterson Construction Company, Inc., in the bid amount of $1,717,777.00. With this correspondence, we are including the diagrams for the additive altemates for installation of concrete pavers for the City to consider. The diagrams for each option include the net additive cost for each option. Please contact us if you need any additional information on our recommendation of award or on the additive altemates. Sincerely, CPH ENGI E R~ 1 (~ David E. Mahler, Project Manager cc: Mr. Kipton Lockcuff, P.E., Public V~brks Director SANFORD ORLANDO DELAND PALM CITY CAPE CORAL JACKSONVILLE PALM COAST PUERTO RICO ~tNTr~R\ -~_ U Ircorpcrakd` ~ »s4 ~- ATTACHMENT NO. 3 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone: (407)327-1800 Fax: (407)327-4753 E-mail: contactus~winterspringsfl.org BID NUMBER: ITB-002-02/GE HICKORY GROVE PARK ROAD AND TUSKAWILLA ROAD ROADWAY IMPROVEMENTS BID CLOSING: NOVEMBER 28, 2001 Bid Closing Was Called By: Nancy Vobornik, Purchasing Coordinator Bid Opened: 3: 00 p.m. Bid Closed: 3: 06 p.m. Witnesses: George Edwards, AICP, Capital Projects Coordinator Holly Pierstorff, Assistant To The City Clerk Erght (8) Bids Received: I. SOUTHLAND CONSTRUCTION, INC. AGENT: DANIEL L. CARR, PRESIDENT, 172 WEST FOURTH STREET, APOPKA, FLORIDA 32703 TELEPHONE: (407) 889-9844 FACSIMILE: (407) 886-4348 B[D AMOUNT: $2,281,744.50 2. MASCI CONSTRUCTION, INC. AGENT: LEONEL MASCI, VICE PRESIDENT, 5752 SOUTH RIDGEWOOD AVENUE, HARBOR OAKS, FLORIDA 32127 TELEPHONE: (386) 322-4500 FASCIMILE: (386) 322-4600 BID AMOUNT: $2,025,014.25 3. PRIME CONSTRUCTION GROUP, INC. AGENT: REYNOLDS C. HOL[MAN, VICE PRESIDENT, 1000 JETSTREAM DRIVE, ORLANDO, FLORIDA 32824 TELEPHONE: (407) 856-8180 EXT. 224 FASCIMILE: (407) 856-8182 BID AMOUNT: $2,039,000.00 4. G[BBS & REGISTER, INC. AGENT: JOHN W. GIBBS, PRESIDENT, 438 NORTH DILLARD STREET, WINTER GARDEN, FLORIDA 34787 TELEPHONE: (407) 654-6133 FASCIMILE: (407) 654-6134 BID AMOUNT: $2,369,281.25 5. AMERICAN PERSIAN ENGINEERS & CONSTRUCTORS, INC. AGENT: H. MAJ[D FOULADI, PRESIDENT, 5748 OLD WINTER GARDEN ROAD, ORLANDO, FLORIDA, 32835 TELEPHONE: (407) 522-0530 FASCIMILE: (407) 532-8332 BID AMOUNT: $1,976,846.00 /~ BID NUMBER: ITB-002-02/GE BID OPENING DATE: NOVEMBER 28, 2001 PAGE 2 OF 2 • • 6. ESTERSON CONSTRUCTION COMPANY, INC. AGENT: ANN ESTERSON, PRESIDENT, 794 BIG TREE DRIVE, SUITE 108, LONGWOOD, FLORIDA 32750 TELEPHONE: (407) 830-8788 FASCIMILE: (407) 830-7550 BID AMOUNT: $1,717,777.00 7. CDS SITEWORK & TRUCKING INC. AGENT: SCOTT FELDMAN, PRESIDENT, 12601 STATE ROAD 545, WINTER GARDEN, FLORIDA 34787 TELEPHONE: (407) 239-8874 FASCIMILE: (407) 239-4549 BID AMOUNT: $1,901,420.90 8. PERRI BUILDERS, INC. AGENT: JOSEPH C. PERRI, PRESIDENT, 524 NORTH MISSION ROAD, ORLANDO, FLORIDA 32808 TELEPHONE: (407) 292-2128 FASCIMILE: (407) 292-2137 BID AMOUNT: $2,048,000.00 Holly Pierst rff, Assistant T~ity Clerk City of i er Springs Copy: Mr. Kip Lockcuff, Director, Public Works Department Ms. Nancy Vobornik, Purchasing Department Docs\Word\BIDS\RESULTS\Fy0102\ITB-002-02 GE.doc ATTACHMENT NO. 4 SECTION 00520 AGREEMENT FORM THIS AGREEMENT MADE THIS Day of , 200_ 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 OWNERand Esterson Construction Company, 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, at Winter Springs, FL. 32708 for HICKORY GROVE PARK ROAD AND TUSKAWILLA ROAD ROADWAY IMPROVEMENTS. 2. CONTRACT DOCUMENTS -The Contract Documents consist of this Agreement; all Technical, General and Supplementary Conditions and Sections contained in the Project Manual; the Drawings as listed on the Bid Form and Index to Drawings; all Addenda issued prior to and all Change Orders issued after execution of this Agreement. These form the Contract and are incorporated into this Contract by this reference. 3. CONTRACT TIME -The CONTRACTOR shall begin work within 10 days after the issuance of a written Notice to Proceed and shall complete the work within270 calendar days from the date of the Notice to Proceed. Extensions, if any, are authorized by OWNER, and may only be granted in writing. 4. LIQUIDATED DAMAGES -OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 3 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $500.00 for each day that expires after the time specified in Paragraph 4 for final completion until the work is finally complete, and that OWNER has paid to CONTRACTOR the consideration of Ten ($10.00) Dollars as consideration for this provision. 5. CONTRACT PRICE. UNIT PRICE CONTRACT- The OWNER will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of One Million Seven Hundred Seventeen Thousand Seven Hundred Seventy Seven Dollars and 00 Cents($1.717.777.00). Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein. 6. PROGRESS PAYMENTS -OWNER shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the City or their authorized representative, by CONTRACTOR as the work progresses, and in accordance with the Contract Documents. Progress payments may be withheld if: (A) Work is found defective and not remedied; (B) Contractor does not make prompt and proper payments to subcontractors; (C) Contractor does not make prompts and proper payments for labor, mateials, 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 substantal completion has been granted; (B) Work that does not comply with the Contract Documents: (C) Outstanding claims of liens; or (D) Failure of Contractor to comply with any special guarantees required by the Contract Documents. 8. DESIGNATION OF PROJECT DIRECTOR OR ARCHITECT OR ENGINEER: DUTIES AND AUTHORITY -The duties and authority of the City are as follows: a. General Administration of Contract. The primary function of the City is to provide the general administration of the contract. In performance of these duties George F. Edwards, P.E. 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. Interpretation of Contract Documents: Decisions on Disputes The OWNER will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between Contractor and Owner. e. Reiection and Stoppage of Work The OWNER shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary. Pavment 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. Furnishins~ 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. Pavment 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. MEDIATIONNENUE -The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in a mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for Seminole County, Florida. 12. NOTICES -Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable party at the address shown on the first page of this Contract. Signed, Sealed and Delivered in the presence of: CONTRACTOR: Name Address and Telephone Date OWNER: CITY OF WINTER SPRINGS By: Ronald W. McLemore City Manager 1126 East State Road 434 Winter Springs, FL. 32708 407-327-1800 • i t MEMORANDUM TO: Andrea Lorenzo - Luaces, City Clerk FROM: George Edwards, P.E., Capital Projects Coord RE: Documentation for Hickory Grove Park Road and Tuskawil/a Road Roadway Improvements City of Winter Springs Bid # ITB-002-02/GE DATE: February 6, 2002 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 cve tivoo ra~.oson waa [xc~mun NOTICE OF A WARD TO: Esterson Construction Company, Inc. 794 Big Tree Drive, Suite 108 Longwood, FL 32750 PROJECT DESCRIPTION: Hickory Grove Park Road & Tuskawilla Road Roadway Improvements Project #ITB 002-02/GE The OWNER has considered the BID submitted by you for the above-described WORK in Response to the Advertisement for Bids dated November 28, 2001,and information for Bidders. You are hereby notified that your BID has been accepted for the bid items in the amount of $1,717,777.00. 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 an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this %~ ~~ day of _~' 2002 J By: ~/. ~! Title: City Manager ACCEPTANCE OF NOTICE Esterson Construction Company hereby acknowledges acceptance of the above NOTICE OF AWARD this the ~~ day of h. , 2002. By ~~ Title rn,~ s 11~ I~r~`t--" SECTION 00520 AGREEMENT FORM THIS AGREEMENT MADE THIS ~4 ~ Day of ti~,,,,~~ti , 200?between the CITY OF WINTER SPRINGS of 1126 East State Road~34, Winted Springs, Florida 32708, Seminole County, State of Florida, herein referred to as OWNER and Esterson Construction Company, Inc. State of Florida, herein referred to as CONTRACTOR, a person duly licensed as a Contractor in the State of Florida, as follows: 1. DESCRIPTION OF WORK -CONTRACTOR shall perform the work, in accordance with the Contract Documents, at Winter Springs, FL. 32708 for HICKORY GROVE PARK ROAD AND TUSKAWILLA ROAD ROADWAY IMPROVEMENTS. 2. CONTRACT DOCUMENTS -The Contract Documents consist of this Agreement; all Technical, General and Supplementary Conditions and Sections contained in the Project Manual; the Drawings as listed on the Bid Form and Index to Drawings; all Addenda issued prior to and all Change Orders issued after execution of this Agreement. These form the Contract and are incorporated into this Contract by this reference. 3. CONTRACT TIME -The CONTRACTOR shall begin work within 10 days after the issuance of a written Notice to Proceed and shall complete the work within 270 calendar days from the date of the Notice to Proceed. Extensions, if any, are authorized by OWNER, and may only be granted in writing. 4. LIQUIDATED DAMAGES -OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 3 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $500.00 for each day that expires after the time specified in Paragraph 4 for final completion until the work is finally complete, and that OWNER has paid to CONTRACTOR the consideration of Ten ($10.00) Dollars as consideration for this provision. 5. CONTRACT PRICE. UNIT PRICE CONTRACT -The OWNER will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of One Million Seven Hundred Seventeen Thousand Seven Hundred Seventy Seven Dollars and 00 Cents ($1.717.777.00). Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein. 6. PROGRESS PAYMENTS -OWNER shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the City or their authorized representative, by CONTRACTOR as the work progresses, and in accordance with the Contract Documents. Progress payments may be withheld if: (A) Work is found defective and not remedied; 00520-1 (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. 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, P.E. 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 00520-2 worksite at all times during work preparation and progress. The Project Director is not obligated to make exhaustive or continuous on site inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive Owner's claim regarding defective work by Contractor. d. Interpretation of Contract Documents: Decisions on Disputes. The OWNER will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between Contractor and Owner. e. Refection and Stoppage of Work. The OWNER shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary. Pavment 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. Furnishing of Labor. Materials, etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and services necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Pavment 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. MEDIATIONNENUE -The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in a 00520-3 mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for Seminole County, Florida. 12. NOTICES -Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable party at the address shown on the first page of this Contract. Signed, Sealed and Delivered in t e presence of: ~., ~, CONTRACTOR: ~.~ sonl (~NiT/u1~97e Name Address and Telephone Date OWNER: CITY OF WIN?': R SPRINGS ~j~ By: Ronald W. Iv1c:Lemore City h/lansge,- 1126 East State Roads 434 Winter Springs, 'r L.. 32708 407-327-1800 00520-4 J~~NTER .p~ ~ r ~ ,. \Ircurpaattvi ~ ~~ 1959 ~~ORIDP Utility /Public Works Department NOTICE TO PROCEED TO: Esterson Construction Company, Inc. 794 Big Tree Drive Longwood, FL 32750 DATE: The Effective Date of this Notice to Proceed is February 5, 2002 PROJECT: Hickory Grove Park Road & Tuslkmvilla Road Roadway Improvements City of Winter SprinQS Bid No. ITB-002-02/GE In accordance with the Agreement dated January 24`t', 2002, you are hereby notified to commence WORK within 10 days and to complete the WORK 270 calendar days from the effective date of this NOTICE TO PROCEED. The completion date of all WORK is therefore November 2. 2002. ; By L plc. `-_ Name George F. Edwards, P.E. Title Capital Projects Coordinator ACCEPTANCE OF NOTICE TO PROCEED Rece' t of the above NOTICE TO PROCEED is hereby acknowledged this~~~day of ~ 2002. By ~' - Title /~ti~ ~~s°,~? ~i~„ CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-6695 "--_- ,~~o CERTIFICATE QF LIABILITY INSURANCE oP~n ~ DATE(MMIpD/Yn .ESTER-1 01/23/02 waooucER ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Newman-Crane 6 Assoc. Ins .Inc . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P . O. Box 568946 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orlando FL 32856-8946 COMPANIES AFFORDING COVERAGE liel H. Waters COMPlWY A National Trust Insurance Co. Tone NO 407-859-3691 FazNO 407-857-0409 INSURED COMPANY ~ B FOCI Insurance Group Esterson Construction Co.,Inc. COMPANY C 794 Big Tree Drive Suite 108 Longwood FL 32750 coMPANr p COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -O TYPE OF INSURANCE POLICY NUMBER POUCV EFFECTNE POUCY EXPIRATION OMITS `~ DATE (MM/DDlYY) DATE (MMJDOM!) GEN ERAL LIABIUTV GENERAL AGGREGATE f 2, OOO, OOO A Z COMMERCIAL GENERAL LIABILITY CPP0100006257 04/12/01 04/12/02 PRODUCTS COMPIOPACC s 2, 000, OOO CLAIMS MADE ®OCCUR PERSONAL 8 ADV IWURV f 1 , OOO , OOO OWNER'S BCOMRACTOR'S PRO7 EACH OCCURRENCE f 1,000,000 % Blanket Addl Insd FIRE DAMAGE (Any one llle) f lOO, OOO MED EXP (Any onE person) f 5 OOO AUT OMOBILE LIABILITY COMBINED SINGLEUMIT s1, 000, 000 A Z ANY AUTO CPP0100006257 04/12/01 04/12/02 ALL OWNED AUTOS BODILY IWURV f SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY f NUN-UwnIED AUTOS (Per aCrloenl) PROPERII'DAMAGE Y GARAGE LIABILITY AUTO ONLY - EA ACCIDENT f AN'Y AUTO OTHER THAN ALITU ONLY EACH ACCIDENT f AGGREGATE f EXCESS LIABILITY EACH OCCURRENCE f 5 , OOO , OOO A S VMBRELIAFORM UMB0100007165 04/12/01 04/12/02 AGGREGATE s 5, 000, 000 OTHER THA1J UMBRELLA FORM E WORKERS COMPENSATION AND WC STATU- a 0TH- TORY IMIT R EMPLO'lERS' LIAHIUTY EL EACH ACCIUE-NT S 1000000 B n+ePROPRIEroRI PAAT R X TN INCL 001-WCOlA-34015 04/01/01 04/01/02 ELOISEASE-POUCVUMIT f 1000000 NE yE ECU E OFFICERS ARE EXCL EL DISEASE - EA EMPLOYEE f 1000000 OTHER A Property Section CPP0100006257 04/12/01 04/12/02 A Equipment Floater CPP0100006257 04/12/01 04/12/02 iESCRIPIIUN OF OPERATIONS/LOCATION$NEHICLES~SPECIAL ITEMS 30 days notice of cancellation for workers co~ensation. Project: Hickory Grove Park Road and Tuskawilla Road Roadway Improvements. CERTIFICATE HOLDER CANCELLATION CITYWSl SHOULDAAIY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPMlY WILL ENDEAVCiP. TO MOIL lO DAYS WRHTEN NOTICE TO THE CERTIFICATE MULDEP nwMED TO ~IIE LEFT, City of Winter Springs BUT FAILURE TO MNL SUCH NONCE SMALL IMPOSE NO OBLIaATION OR LIABILI FY 1126 East S . R. 434 OF ANY KIND UPON THE COMPANY, RS AGENTS' OR REPRESENTATIVES Winter Springs FL 327OS AUTHORIZED REPRESENTATNE Mel H. Waters ACORD 25-S (1/95) " ACORD CORPORATION 1888 GUIGNARD COMPANY SURETY BOND S January 21, 2002 City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Re: Authority to Date Bonds and Powers of Attorney Principal: Esterson Construction Company Inc., Bond No.: 103735423 Project: Hickory Grove Park Road and Tuskawilla Road Roadway Improvements 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. st regarc avelers 1~r1J1 L.i,l»o[.y Attorney Its Fact and Florida Licensed Agent Company of America 1904 BOOTHE CIRCLE • LONGWOOD, FL 32750 PH (407) 834-0022 / (888) 220-3780 • FAX (407) 260-1767 / (888) 220-3228 • www.guignardcompany.com SECTION 00605 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that BOND NO. 103735423 ESTERSON CONSTRUCTION COMPANY, INC. (Name of CONTRACTOR) 794 BIG TREE DRIVE, SUITE 108, LONGWOOD, FL 32750, (407) 830-5788 (Address of CONTRACTOR) a CORPORATION '`~ ~`r•.. Ga:J , Pa IICrJ? if; 4 indi,~~.iGii her2linaiicr Cali'ed P ri n c i p a I , and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Name of Surety) ONE TOWER SQUARE, HARTFORD, CT 06183-6014, (407) 649-2693 (Address of Surety) hereinafter called Surety, are held and firmly bound unto the City of Winter Springs ,hereinafter called OWNER, in the full and just Sum of **** ' - DOLLARS, ($ 1,889,554..70 ) in lawful money of the United States, for the payment of tivhich sum well and truly to be made, we bind ourselves, successors, and assigns, jcintly and severally, firmly by these presents. The sum shall not be less than one hundred ten percent (110%) of the Contract Price. OWNER'S ADDRESS: 1126 EAST WINTER SPRINGS, FI. 32708 , THE CONDITION OF THIS OBLIGATION is such that whe eas, the Principal entered into a certain Agreement with the OWNER, dated the d4 f` day ..~ ,~~, a copy of which is hereto attached and made a part hereof for the constructi n of HICKORYGROVEPARK ROAD and TUSKAWILLA ROAD ROADWAY IMPROVEMENTS STATE ROAD 434 PHA (407) 327-1800 **** ONE MILLION EIGHT HUNDRED EIGHTY NINE THOIISAND FIVE HUNDRID FIFTY FOUR ~ 70/100 DOLLARS. This bond is being entered intc to satisfy the requirements of Section 255.05(1), Florida Statutes and the Agreement referenced above, as the same may be amended. The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW ,THEREFORE, the condition of this obligation is such that if Principal: Promptly and faithfully performs its duties, all the covenants, terms, conditions, and agreements of said Agreement including, but not limited to the insurance provisions, guaranty period and the warrnty provisions, in the time and manner prescribed in the Agreement, and 2. Pays OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' fees, including costs and attorney's fees on appeal that OWNER sustains 00605-1 resulting directly or indirectly from any breach or default by Principal under the Agreement, and Satisfies all claims and demands incurred under the Agreement, and fully indemnifies and holds harmless the OWNER from all costs and damages which it may suffer by reason or failure to do so, then this bond is void; otherwise it shall remain in full force and effect. This Bonds shall remain in effect for at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. The coverage of this Performance Bond is co-equal with each and every obligation of the Principal under the above referenced Agreement and the Contract Documents of which the Agreement is a part. n tho p~~pn~ ri,a~ tN~ prig in,i w.. :: s :: .V L. 1 ,,: u: :~,Y_.~ S:ta'; ;~;; ,,, perr~rni any Cf t,•e ~ermS, co':Jenants a~'C conditions of the Agreement and the Contract Documents of which the Agreement is a part during the period in which this Performance Bond is in effect, the Surety shall remain liable to the OWNER for all such loss or damage. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this Performance Bond. The Surety stipulates and agrees that its obligation is to perform the Principal's work under the Agreement under the Bond. The following shall not be considered performance under the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and (iii) Surety's election to do nothing under the Bond shalt be construed as a material breach of the Bond and bad faith by the Surety. The Surety agrees that its obligation under the bond is to: (i) take over performance of the Principal's Work and be the completing Surety even if performance of the Principal's Work exceeds the Principal's Contract Price or (ii)re-bid and re-let the Principal's Work to a completing contractor with Surety remaining liable for the completing contractor's performance of the Principal's Work and furnishing adequate funds to complete the Work. The Surety acknowledges that its cost of completion upon default by the Principal may exceed the Contract Price. In any event,. the Principal's Contract Time is of the essence and applicable delay damages are not waived by OWNER. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon OWNER's pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent (ii) waivers of compliance with or nay default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Agreement as a result of any proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. Any changes in or under the Agreement and Contract Documents and compliance or 00605-3 noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to the Agreement and Contract Documents. The Labor and Materials Payment Bond and the Performance Bond and the covered amounts of each are separate and distinct from each other.- This Bond is intended to comply with the requirements of Section 255.05(1), Florida Statutes, as amended, and additionally, to provide common law rights more expansive than as required by statute. The Surety agrees that this Bond shall be construed as a common law bond. IN WITNESS WHEREOF, this instrument is executed this 'the day of AT (Principal) Secretary Typed Name (CORPORATE SEAL) "1/,~ ~ a /' y 1 W~ U N~, r ~ /~l.t~~ ~~~ Typed Name r ATTEST: ByK Cf'~c-~ ~ ~ • ~~ l~ (Surety) Secretary KATIE N. FLOWERS Typed Name (CORPORATE SEAL) ESTERSON CONSTRUCTION COMPANY, INC. Principal Contra r) By (Signature) -F} ty ~ ~ S,~ K~10~ ~K ~ s - ~ ~ n1~-~-- Typed Name and Title 794 BIG TREE DRIVE, STE. 108 Address LONGWOOD, FL 32750 City, State, Zip (Witness to Principal) (407) 830-5788, (407) 830-7550 Telephone No. Facsimile No. TRAVELERS CASUALTY AND SURETY COMPANY Surety OF AMERICA (407) 649-2693, (407)649-2712 Telephone No. Facsimile No. 00605-4 Witness as o S ety SiI7Y YO(:UM ;Typed Name i Hess as urety JENNIFER MCCARTA Nei: fV aiiie :ENSID RESIDENT APRIL L.LIVELY _ Typed Name 1904 BOOTHS CIRCLE Address LONGWOOD, FL 32750 City, State, Zip (407) 834-0022, (4070 260-1767 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is partnership, all partners shall execute the Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power-of-Attorney appointing individual Attorney-in-Fact for execution of Performance Bond on behalf of Surety. END OF SECTION 00605-5 SECTION 00610 BOND N0. 103735423 LABOR AND MATERIALS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that F.STF.RSON CONSTRUCTION COMPANY, INC (Name of CONTRACTOR) 794 RT[~TREE DRIVE SIIITE 108, LONGWOOD, FL 32750, (407) 830 5788 (Address of CONTRACTOR] _ a rnupnxaTroN hereinafter after called (Corporation, Partnership or Individual) Principal, and -TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Name of Surety) nNF T~WF.R SOUARE HARTFORD CT 06183-6014, (407) 649-2693 (Address of Surety} hereinafter called Surety, are held and firmly bound unto the City of Winter Springs hereinafter called OWNER, in the full and just Sum of **** DOLLARS, (~~ 7~ 7, 777 00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred ten percent (110%) of the Contract Price. **** ONE MILLION SEVEN HUNDRED SEVENTEEN THOUSAND SEVEN HUNDRID SEVENTY SEVEN ~ 00/100 DOLLARS. THE CONDITION OF THIS OBLIGATION is such thatw ereas, the Principal entered into a certain Agreement with the OWNER, dated the ~ day o~ ~ :-~ _, ~~ce ~ .and made a part hereof the construction of HICKOP.Y GROVE PARK ROAD and USKAWILLA ROAD ROADWAY IMPROVEMENTS. OWNER'S ADDRESS: 1126 EAST STATE ROAD 434 WINTER SPRINGS, FL 32708, PHA (407) 327-1800 The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain in full force and efr"ect subject, however, to the following conditions: This Bcnd is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as the same may be amended. OOti10-1 2. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or supplies shall, within forty-five (45) days after beginning to furnish labor, Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR with a notice that he intends to look to the Bond for protection. A claimant who is not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or supplies shall within ninety (90) days after performance of the labor or completion of delivery of the Materials or supplies, or, with respect to rental equipment, within 90 days after the date that the rental equipment was last on the job site available for use, deliver to the CONTRACTOR and to the Surety written notice of the performance of the labor or delivery of the Materials or supplies and of the nonpayment. No action for the labor, Materials or supplies maybe instituted against the CONTRACTOR or the Surety on the bond after one (1) year from the performance of the labor or completion of the delivery of the Materials or supplies. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder Snail refpaln in full fnrnP and affect nnt~f/ithStandin~ it amendment nr :~ +'.,., +ti., „ (~, s , modif,.asl~::s to ~.:... Agreement entered into by OWNER and Principal without the Surety's knowledge or consent, (ii) waivers of compliance with or any default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Agreement as a result of any proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. Any changes in or under the Agreement or Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with the Change Orders (unilateral and bilateral} or other modifications to the Agreement or Contract Documents. 5. The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. IN WITNESS WHEREOF, this instrument is executed this the _ day of 20 ATTEST: ~~ ~~ ~ ~ (Principal) Secretary Typed Name (CORPORATE SEAL) ESTERSON CONSTRUC ION COMPANY, INC. (Principal) , ~~ ,. By (Signature) l Typed Name and Title 794 BIG TREE DRIVE, STE. 108 Address -- ~p~'~.~ 00610-2 " " LONGWOOD, FL 32750 Witness to Principal !/ City, State, Zip l CC,U(~ ~~I ~~ ~ Type me C ~,~ Witness to ~ncipal l r~~c.~..~ ~ _ C-rr~c~ Typed Name ATTEST: By ISi~ratyl ~arrata, J KATIE N. FLOWERS Typed Name . POR,~,TE SEAL) /L- Witness as t Sur, y SIIZY YOCUM Tye Name fitness as to ety .TENNIFER MCCARTA Typed Name TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Sure+' -26 407 49-2712 leph ne No. acsimile ~ Attorney-in~"act AGENT APRIL L. LIVELY Typed Name 1Q04 BOOTHS CIRCLE Address LONGWOOD, FL 32750 City, State, Zip LICENSID RESIDENT (407) 834-0022, (407) 260-1767 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is Partnership, all partners shall execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified copy of Power-of-Attorney appointing individual Attorney-in-Fact for execution of Payment Bond on behalf of Surety. END OF SECTION 00610-3 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut OG183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: J. W. Guignard, Bryce R. Guignard, M. Gary Francis, April L. Lively, Deidre Sullivan, Paul J. Ciambriello, Jennifer L. McCarta, of Lonb vood, Florida, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are ltereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairrnan, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, anv Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or an}' Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, iI required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and b~~ authority of the following Standing Resnlutinn vnted by the Beards of Directors of TRAVELERS CASUALTY .4ND Si?RETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTI' COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to an~• power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident 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 facsimile 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 in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) IN WITI~IESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, "TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instnument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 1st day of May 2001. STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD `gynwr~xrpr ~~,tY Ap0 pASUq 'C{*NO S"'tir~C rJ SG 'r CTL r`' o p O ,SQ~rr~~ ~ HARfFORa,l ~ a HARTFORD, m~ O sl 9 8 2~ O ~~ CONN. ~ ~ d CONN. o Z r ~r~[- ; ~ a` ~' ~1EGi`" Ja !+.»..~~a~~ `y1 F~,+a bey * ~~ ~' George W. Thompson Senior Vice President On this 1st day of May, 2001 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the abevc instrument; that hc,'shc knows 'she seals of sail c._~~.cratiors: that L':e seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. •.~~ p~THO,Nq.,. .~Y 90 '. '~ NOTARY Z' i't ~~ *~ i PUBLIC t f 1 ~~N~NNECt~OJ°~" CERTIFICATE cam eP CZ ~k<~»~ae~, My commission expires December 31, 2002 Notary Public Carol A. Thompson I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this day of 20 5~ i ~~tY ANO pASU,r) `` ~9 ~ O'" -"Y iEFIppTF~ORO~ ~ E a, H.48TFOR5, X 1 9 8 2~' a; B Y \ ~ ~ BONN. p Z ~~ l+.». ~~a'+ J~`d1 --~~i° bey ~ ~.~, r~ TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPAi~IY FARMINGTON CASUALTY COMPANY ~ +~- Kori M. Johanson Assistant Secretary, Bond