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HomeMy WebLinkAboutCentral Florida Environmental Corporation Agreement - 2012 01 18 sto C CITY OF WINTER SPRINGS, FLORIDA U (/) 1126 EAST STATE ROAD 434 • Incorpor WINTER SPRINGS, FLORIDA 32708 -2799 1959 Telephone (407) 327 -1800 1( C.OR1 0P. Utility / Public Works Department AGREEMENT THIS AGREEMENT MADE THIS ` ' DAY OF .I�t�4 -t> , 2012 between the CITY OF WINTER SPRINGS, a Florida municipal corporation (herein referred to as OWNER) and Central Florida Environmental Corporation, a corporation authorized and duly licensed to do business in the State of Florida (herein referred to as CONTRACTOR), as follows: 1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract Documents for the construction of Michael Blake Boulevard. 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; all Technical, General and Supplementary Conditions; 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. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the Agreement between the OWNER and the CONTRACTOR, the inconsistency shall be resolved by giving precedence in the following order: a. Contractor's Bid (Proposal), Agreement, and Addenda b. Change Orders c. Special Conditions d. General Conditions e. Drawings Any inconsistency in the work description shall be clarified by the OWNER and performed by the CONTRACTOR. 4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Agreement or specifications, the OWNER at its sole discretion will interpret the intent of the Agreement and work descriptions and the CONTRACTOR hereby agrees to abide by the OWNER's interpretation and agrees to carry out the work in accordance with the decision of the OWNER. When the material, article, or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the OWNER. A substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified. The OWNER has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the OWNER prior to use of the substitute for a specified brand name and allow the OWNER to make a determination before CONTRACTOR uses the substitute. 5. CONTRACT TIME - The CONTRACTOR shall begin work within 10 days after the issuance of a written Notice to Proceed and shall substantially complete the work within 90 calendar days from the date of the Notice to Proceed. Final Completion shall be within 100 calendar days from the date of the Notice to Proceed. Extensions, if any, are authorized by OWNER, and may only be granted in writing. Page 2 Michael Blake Blvd 6. LIQUIDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial Toss if the Work is not substantially complete within the time specified in Paragraph 5 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 preceding 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 5 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. 7. 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 $254,579. 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 the Bid, which shall be as fully a part of the Contract as if attached or repeated herein. 8. TERMINATION: DEFAULT BY CONTRACTOR AND OWNER'S REMEDIES - The OWNER reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, in the following circumstances, each of which shall represent a default and breach of this Agreement: a. CONTRACTOR defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within seven (7) calendar days after written notice from the OWNER specifying the default complained of, unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within seven (7) calendar days, in which case the CONTRACTOR shall have such time as is reasonably necessary to remedy the default, provided the CONTRACTOR promptly takes and diligently pursues such actions as are necessary therefore; or b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing the Work hereunder; or d. CONTRACTOR has committed any act of fraud upon the OWNER; or e. CONTRACTOR has made a material misrepresentation of fact to the OWNER while performing its obligations under this Agreement; or f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right, or remedy OWNER may have under this Agreement. Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the OWNER shall have the right to exercise any other remedy the OWNER may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, OWNER shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination. 9. FORCE MAJEURE - Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR's labor force); extraordinary breakdown of or damage to OWNER 's affiliates' generating plants, their equipment, or facilities; court Page 3 Michael Blake Blvd injunction or order; federal and /or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 10. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the OWNER, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable 11. 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 OWNER or OWNER's Project Manager, by CONTRACTOR as the work progresses, and in accordance with the Contract Documents. Progress payments may be withheld if: a. Work is found defective and not remedied; b. Contractor does not make prompt and proper payments to subcontractors; c. Contractor does not make prompts and proper payments for labor, materials, or equipment furnished him; d. Another Contractor is damaged by an act for which Contractor is responsible; e. Claims or liens are filed on the job; or f. In the opinion of the City of Winter Springs, Contractor's work is not progressing satisfactorily. 12. FINAL PAYMENT - OWNER shall withhold up to 10% of the Contract Price until 50% completion. After 50% completion, OWNER shall reduce to 5% the amount of retainage withheld from each subsequent progress payment made to the Contractor. For purposes of this section, the term "50- percent completion" shall be the point at which the OWNER has expended 50% of the total cost of the construction services purchased as identified in the Agreement together with all costs associated with existing change orders and other additions or modifications to the Agreement. After 50% completion, the Contractor may present to the OWNER a payment request for up to one -half of the retainage held by the OWNER. OWNER shall promptly make payment to the Contractor, unless OWNER has grounds for withholding the payment of retainage. 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 altemative 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 Page 4 Michael Blake Blvd d. Failure of Contractor to comply with any special guarantees required by the Contract Documents. 13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT: DUTIES AND AUTHORITY - The duties and authority of the OWNER are as follows: a. General Administration of Contract. The primary function of the OWNER is to provide the general administration of the contract. In performance of these duties, Brian Fields, P.E., or his authorized representative is the OWNER's Project Manager during the entire period of construction. The OWNER (CITY) may change the Project Manager 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 Manager 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. f. Payment Certificates. The OWNER will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR's applications and OWNER's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. 14. PROGRESS MEETING — OWNER'S Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the OWNER, during the term of work entered into under this Agreement. CONTRACTOR's Project Manager and all other appropriate personnel shall attend such meetings as designated by the OWNER'S Project Manager. 15. 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. Page 5 Michael Blake Blvd 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 work necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all licenses and permits necessary for proper completion of the work, paying the fees thereof. 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. 16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of the OWNER. a. If upon receiving written approval from OWNER, any part of this Agreement is subcontracted by CONTRACTOR, CONTRACTOR shall be fully responsible to OWNER for all acts and /or omissions performed by the subcontractor as if no subcontract had been made. b. If OWNER determines that any subcontractor is not performing in accordance with this Agreement, OWNER shall so notify CONTRACTOR who shall take immediate steps to remedy the situation. c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide OWNER and its affiliates with insurance coverage as set forth by the OWNER. 17. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OWNER and CONTRACTOR. 18. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 19. NO JOINT VENTURE - Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 20. INDEMNIFICATION — CONTRACTOR shall indemnify and hold harmless the City, its officers, employees, and city attorneys (individually and in their official capacity, from liability, losses, damages, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. The indemnification provided above shall obligate the CONTRACTOR to defend at its own expense or to provide for such defense, at the option of the OWNER, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the OWNER or its officers, employees, and city attorneys which may covered by this indemnification. In all events the OWNER and its officers, employees, and city attorneys shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. Page 6 Michael Blake Blvd 21. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing work provided hereunder. 22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and warrants to the OWNER the following: a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly authorized by the board of directors and /or president of CONTRACTOR. In support of said representation, CONTRACTOR agrees to provide a copy to the OWNER of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to provide a copy of all said licenses to the OWNER prior to the execution of this Agreement. 23. 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. 24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing the types of insurance and limits of liability as set forth below. a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum amount of $2,000,000 as the combined single limit for each occurrence to protect the CONTRACTOR from claims of property damages which may arise from any Work performed under this Agreement whether such Work are performed by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non - owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of $2,000,000 for all of its employees performing Work for the OWNER pursuant to this Agreement. Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the OWNER by CONTRACTOR upon the Effective Date of this Contract which satisfied the insurance requirements of this paragraph 24. Renewal certificates shall be sent to the OWNER 30 days prior to any expiration date. There shall also be a 30-day advance written notification to the OWNER in the event of cancellation or modification of any stipulated insurance coverage. The OWNER shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time. Page 7 Michael Blake Blvd Independent Associates and Consultants. All independent contractors or agents employed by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions contained in paragraph 24. 25. MEDIATIONNENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for Seminole County, Florida. 26. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 27. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from the non - prevailing party the costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. 28. 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. 29. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the OWNER and CONTRACTOR is such that the CONTRACTOR is an independent contractor and not an agent of the OWNER. The CONTRACTOR, its contractors, partners, agents, and their employees are independent contractors and not employees of the OWNER. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the OWNER, on one hand, and the CONTRACTOR, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 30. DOCUMENTS - Public Records: It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the CONTRACTOR and its independent contractors and associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the OWNER or the CONTRACTOR. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the CONTRACTOR is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the OWNER's City Manager. Upon request by the OWNER, the CONTRACTOR shall promptly supply copies of said public records to the OWNER. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the CONTRACTOR be open and freely exhibited to the OWNER for the purpose of examination and /or audit. The CONTRACTOR acknowledges that the OWNER is a Florida municipal corporation and subject to the Florida Public Records Law. CONTRACTOR agrees that to the extent any document produced by CONTRACTOR under this Agreement constitutes a Public Record; CONTRACTOR shall comply with the Florida Public Records Law. Page 8 Michael Blake Blvd 31. SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the CITY'S right to sovereign immunity under Section 768.28, or other limitations imposed on the CITY'S potential liability under state or federal law. As such, the CITY shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the CITY shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). 32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 33. INTEGRATION: MODIFICATION - The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 34. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms, or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 35. DRAFTING - OWNER and CONTRACTOR each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 36. NOTICE - Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For CONTRACTOR: For OWNER: City of Winter Springs City Engineer, Public Works Department 1126 East State Road 434 Winter Springs, FL 32708 Either party may change the notice address by providing the other party written notice of the change. Page 9 Michael Blake Blvd Signed, Sealed and Delivered in the presence of: CONTRA'TOR: « � 411' A8k.1:6Li 4 At Witness Name D,v,/,d • Title / 9!O Se( /e. /4t. Wit e41 / ' Business Address 1 f �. .. J j- � 3z7o8 City, State Zip v Date /" OWNER: CITY OF WI TE 3P. GS \Is Ai Wit : wr By evin L. §tn''Ith City Manafge Witness 1126 East State Road 434 Winter Springs, FL. 32708 407 - 327 -1800 Michael Blake Boulevard Bid Form Payitem 1 Description I Unit I Qty 1 Unit Price I Total Onsite Work in the Michael Blake Boulevard Right -of -Way 1 Mobilization L5 1 /3,"7' o /3, 47`. °S 2 Maintenance of Traffic I5 1 /910.- /9.90. Co 3 Clearing & Grubbing L5 1 7/35. ' 7/35. co 4 Earthwork LS 1 25 /0. - .25 /a, !?O 5 Erosion Control LS 1 2460. - Zyso, 015 6 Type C Ditch Bottom Inlet EA 2 /700. - 3 qoo.eo 7 19" x 30" RECP LF 41 63. 25 a..5 5 8 Concrete Weir LS 1 get:). " 00. 9 6" PVC Sleeve LF 178 8. O S /43Z, 90 10 4" PVC Sleeve LF 356 y 75 / ' 4 e 9 / d O 11 Thermoplastic White Painted Arrow EA 5 5 77.5 28 . 73 12 Thermoplastic Text EA 4 //S 50 'i'62, 00 13 Thermoplastic, Std, White, Solid, 6" LF 104 , t 0 13.6 0 Q 14 Thermoplastic, Std, Yellow, Solid, 6" LF 508 , ( 0 4 57.2 0 15 Superpave Type SP-12.5, Traffic Level C,1.5" SY 2,573 9.25 21 i Z27. z5 16 8" Roadway Base (Crushed Concrete or Limerock) SY 2,573 6./0 /S 615. 30 17 8" Compacted Subgrade - Paved Areas SY 2,573 y DO / 2.4z , 00 18 16" Compacted Subgrade - Unpaved Shoulders SY 1,437 6,./0 ens. 70 19 Signs EA 5 ZZa, CO //0 Z. SO 20 Bahia Sod SY 6,500 2. /o /3, 650. e 0 (�./y) � 10 /go, SO Subtotal - Onsite (Sum of items 1-20): Offsite Work inn the S.R. 434 Right -of -Way 21 Maintenance of Traffic IS 1 5731. S p `7 S 731. oO 22 Cleating, Grubbing, & Demolition LS 1 8,845 , 0 £ C> . e 23 Earthwork LS 1 71/V7. •° 70/ 7. " 24 Erosion Control LS 1 blc. • 0 8 , • a 25 Retro-Reflective Pavement Markers, white /red EA 47 '120 /9 7. 40 26 Thermoplastic White Painted Arrow EA 10 57 5 S77. So 27 Thermoplastic, Std, White, 6-10' skip striping LF 434 . / 73. Go 28 Thermoplastic, Std, White, Solid, 6" LF 915 . e l 0 8Z3. SO 29 Yellow Reflective Median Nose Striping LF 12 6.0 5 72.6o 30 Thermoplastic, Std, White, Solid, 12" crosswalk LF 77 2, OD / 00 31 Thermoplastic, Std, Yellow, Solid, 6" LF 705 . q0 /i 3r(, .S 0 32 Thermoplastic, Std, Yellow, Solid, 18" LF 64 7. 30 /y7 Z O 33 Thermoplastic, Std, White, Solid, 24" Stop Bar LF 35 4. to /417. 00 34 Delineator Post EA 2 78. 75 / 57, 50 35 Signs EA 16 /73.25 .2 7 72. d0 36 Type C Ditch Bottom inlet EA 1 A /00. 2,00. 00 37 7.5" Asphalt Base Course SY 1,630 34. 75 59 962. so 38 3" Asphalt Structural Course SY 1,630 /. At/ 042.50 39 1" Friction Course SY _ 1,630 8.00 / 3 Qet/O • 00 Michael Blake Boulevard Bid Form Payitem Description Unit Qty Unit Price Total 40 Type E curb and gutter IF 234 /C. 25 3548. So 41 Type F curb and gutter IF 110 /5.25 /672. So 42 5' concrete sidewalk SY 6 82.4 557. 70 43 Sidewalk Ramp EA 2 ( 124. e° /O / 843 44 5' curb transition from Type F to zero height EA 2 ASO.' p SoO 45 Bahia Sod SY 4,500 .2. J 0 { �S O.. Subtotal - Offsite (sum of items 21 -45):1 /1 3 90. SO TOTAL BASE BID (SUM OF ALL ONSITE AND OFFSITE ITEMS):1 ..Z5'( $ 7 9. °p Pay Item Notes: The Contractor's attention is called to the fact that the quotations for the various items of Work are intended to establish a total price for completing the Work in its entirety. Should the Contractor feel that the cost for any item of Work has not been established by the Bid Form or Payment Items, he shall include the cost for that Work in some other applicable bid item, so that his proposal for the Project does reflect his total price for completing the Work in its General entirety. 1 The lump sum price for mobilization shall not be more than 10% of the Total Base Bid and covers mobilization for both the offsite and onsite work. Earthwork includes all, cut, fill, and haul off of any excess material. The onsite haul off is estimated to be 70 CY. The offsite haul off is estimated to be 465 4, 23 CY. 5, 24 Erosion control Includes slit fencing, inlet protection, stabilized construction entrance, and all other required erosion control work 9, 10 PVC sleeves to be installed with 36" minimum cover The lump sum item for clearing, grubbing, & demolition includes removal of the existing barbed wire fence, 18" pipe, F -curb, sidewalk, striping, median, and all other work shown on the demolition plan and all required Bearing and grubbing. Price includes the haul off and legal disposal of materials. The City will remove all crepe myrtles on the west side of the Michael Blake Boulevard intersection in advance of construction. All other existing vegetation within the S.R. 434 median within the project limits shall be removed by the Contractor. The removal, relocation, and /or adjustment of existing irrigation systems in 22 the S.R. 434 right-of -way shall be by others. • 620 N. Wymore Road, Suite 200 FLORIDA SURETY BONDS, INC. Maitland, FL 32751 407 - 786 -7770 Fax 407 - 786 -7766 1326 S. Ridgewood Avenue, Suite #15 Daytona Beach, FL 32114 386 - 898 -0507 Fax 386- 898 -0510 888 -786 -BOND (2663) Fax 888 - 718 -BOND (2663) January 11, 2012 www.FloridaSuretyBonds.com City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 -2799 Re: Authority to Date Bonds and Powers of Attorney Principal: Central Florida Environmental Corporation Bond No.: 1000926454 Project: Michael Blake Boulevard - Median Crossover on SR434 and New Roadway 900 LF on Vacant Land, Winter Springs FL 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 fax a copy of the bonds to our office. Sincerely, U. S. Specialty Insurance Company Patricia L. Slaughter Attorney -in -Fact and Florida Licensed Resident Agent Public Work Executed in 3 Counterparts F.S. Chapter 255.05 (1)(a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. BOND NO: 1000926454 CONTRACTOR NAME: Central Florida Environmental Corporation CONTRACTOR ADDRESS: 910 Belle Avenue, Suite 1040 Winter Springs, FL 32708 CONTRACTOR PHONE NO: (407) 834 - 6115 SURETY COMPANY: U. S. Specialty Insurance Company 13403 Northwest Freeway Houston, TX 77040 -6094 (713) 744 -3700 OWNER NAME: City of Winter Springs OWNER ADDRESS: 1126 East State Road 434 Winter Springs, FL 32708 -2799 OWNER PHONE NO.: (407) 327 -1800 OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO.: BOND AMOUNT: $ 254,579.00 • CONTRACT NO.: (If applicable) DESCRIPTION OF WORK: Michael Blake Boulevard - Median Crossover on SR434 and New Roadway 900 LF ON Vacant Land PROJECT LOCATION: Winter Springs FL LEGAL DESCRIPTION: (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. THE ATACHED STATUTORY COVER PAGE FORMS AND BECOMES A PART OF THIS BOND. SECTION 00610 PERFORMANCE BOND FORM Bond No. 1000926454, executed in 3 counterparts BY THIS PERFORMANCE BOND, We Central Florida* , as Principal, whose address is 910 Belle Avenue, Ste 1040, Winter Springs ** and telephone number is (407) 834 -6115 and U.S. Specialty Ins. Co. , es Surety, whose address is 13403 Northwest Freeway, Houston, * ** and telephone number is (713) 744 - 3700 are bound to the City of Winter Springs, a Florida municipal corporation, as Owner, whose address is 1128 E. State Road 434, Wnter Springs, Florida 32708 and telephone number is 407- 327 -5957, In the initial sum of $ 280,037.00 (110% of Contract Price), or such greater amount as the Contract may be adjusted Iran time to time in accordance with the Contract between the Principal and Owner) (the °Penal Sum'). WHEREAS, the Principal has executed a contract with the Owner, dated % I I$ I Iz , for the constriction of th Michael Blake Boulevard - Median Crossover * * * project in the City of Wnter Springs, Seminole County, Florida (the °Project ); and WHEREAS, the Owner has required the Principal to furnish a performance bond in accordance with law and as a condition of executing the Contract with Principal; and WHEREAS, this bond is being entered into to satisfy the requirements of Section 255.05(1), Florida Statutes and the Contract referenced above, as the same may be amended, and additionally, to provide common taw rights more expansive than as required by statute. NOW THEREFORE, the Surety and the Principal, both joint and severally, and for themselves, their heirs, administrators. executors, successors and assigns agree as follows: 1. CONTRACT INCORPORATED; SURETY AND PRINCIPAL BOUND FOR FULL PERFORMANCE. The Contract is incorporated by reference and made a part of this bond. The Surety and the Principal are bound for the full performance of the Contract including without exception all of the Contract Documents (as defined in the Contract) and all of their terms and conditions, both express and Implied. Without limiting the Principal's and Surety's obligations under the Contract and this bond, the Principal and Surety agree: A. Promptly and faithfully perform their duties and all the covenants, terms, conditions, and obligations under the Contract including, but not limited to the insurance provisions, guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement, and B. Pay Owner all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' fees, including costs and attomey's fees on appeal that Owner sustains resulting directly or indirectly from any breach or default by Principal under the Contract, and C. Satisfy all claims and demands incurred under the Contract, and fully indemnify and hold harmless the Owner from all costs and damages which it may suffer by reason or failure to do so. 2. OWNER'S AFFIDAVIT OF CONTRACTOR BREACH OR DEFAULT. If the Owner shall provide to Surety the written affidavit of the Owner stating that the Principal is In breach or default of the Contract, and that such breach or default remains uncured by the Principal, then upon delivery of such affidavit to the Surety in the method for providing notices as set forth in Paragraph 7 below, Surety must promptly notify the Owner in writing which action it will take as permitted in Paragraph 3. 3. SURETY'S OBLJGATION UPON DELIVERY OF OWNER'S AFFIDAVIT OF CONTRACTOR'S BREACH OR DEFAULT. Upon the delivery of the Owner's affidavit of breach or default by the Principal as provided in Paragraph 2 above, the Surety may promptly remedy the breach or default or must, within ten (10) days, proceed to take one of the following courses of action: *Environmental Corporation * *FL 32708 22 * * *TX 77040 -6094 * * * *on SR434 and New Roadway 900 LF on Vacant Lane, Winter Springs FL A. Proceed itself. Complete performance of the Contract including correction of defective and nonconforming Work through its own contractors or employees. approved as being acceptable to the Owner, In the Owners sole discretion, provided, however, that Owner's discretion in approving the Surety's contractor will not be unreasonably withheld as to any contractor who would have qualified to offer a proposal on the Contract and is not affiliated In any way with the Principal. During this performance by the Surety, the Owner will pay the Surety from its own funds only those sums as would have been due and payable to the Principal under the Contract as and when they would have been due and payable to the Principal in the absence of the breach or default not to exceed the amount of the remaining Contract balance less any sums due the Owner under the Contract. During this performance by Surety, any payment bond required under the Contract must remain in full force and effect; or B. Tender a completing contractor acceptable to Owner. Tender a contractor, together with a contact for fulfillment and completion of the Contract executed by the completing contractor, to the Owner for the Owner's execution. Owner's discretion to approve Surety's completing contractor will not be unreasonably withheld as to any contractor who would have qualified to offer a proposal on the contract and is not affiliated with the Principal. Owner's discretion to approve the contractor as the completing contractor and to approve the tendered contract shall be in Owner's sole and absolute discretion. Upon execution by the Owner of the contract for fulfillment and completion of the Contract, the completing contractor must furnish to the Owner a performance bond and a separate payment bond, each in the form of those bonds previously furnished to the Owner for the Project by the Principal. Each such bond must be in the Penal Sum of the full cost to complete the Contract. The Owner will pay the completing contractor from its own funds only those sums as would have been due and payable to the Principal under the Contract as and when they would have been due and payable to the Principal in the absence of the breach or default not to exceed the amount of the remaining Contract balance less any sums due the Owner wider the Contract. To the extent that the Owner is obligated to pay the completing contractor sums which would not have been due and payable to the Contractor under the Contract (any sums in excess of the then remaining Contract balance Tess any sums due the Owner under the Contract), the Surety must pay the Owner the full amount of those sums at the time the completing contractor tenders an invoke to the Owner so that the Owner can utilize those sums in making timely payment to the completing contractor; or C. Tender the Full Penal Sum. Tender to the Owner the full Penal Sum of the performance bond. The Owner will refund to the Surety without interest any unused portion not spent by the Owner procuring and paying a completing contractor or completing the Contract itself, plus the cost allowed under Section 4, after completion of the contract for fulfillment and completion of the Contract and the expiration of any applicable warranties; or D. Other Acts. Take any other acts mutually agreed upon in writing by the Owner and the Surety. E. IT SHALL BE NO DEFENSE TO SURETY'S OBLIGATION TO UNDERTAKE ONE OF THE PRECEDING COURSES OF ACTION THAT THE PRINCIPAL CONTENDS THAT IT IS NOT IN BREACH OR DEFAULT OF THE CONTRACT, OR THAT THE NOTICE OF BREACH OR DEFAULT WAS DEFECTIVE, OR THAT THE PRINCIPAL HAS RAISED ANY OTHER CLAIM OF DEFENSE OR OFFSET, PROVIDED ONLY THAT THE SURETY HAS RECEIVED THE AFFIDAVIT OF THE OWNER AS SPECIFIED IN PARAGRAPH 2. 4. SURETY'S ADDITIONAL. OBUGATIONS. In addition to those duties set forth herein above, the Surety must promptly pay the Owner (i) all losses, costs and expenses resulting from the Principal's breach(es) or default(s), including, without limitation, fees (including attorney's fees and related costs), expenses and costs for architects, engineers, consultants, testing, surveying and attorneys, plus (ii) liquidated or actual damages, whichever may be provided for in the Contract, for lost use of the Project, plus (iii) reprocurement costs and fees and expenses, plus (iv) costs incurred at the direction, request, or as a result of the acts or omissions of the Surety; provided that in no event shall Surety's Nobility exceed the Penal Sum of this Bond. 5. SURETY'S WAIVER OF NOTICE. The Surety waives notice of any Modifications to the Contract, including changes in the Contract Time, the Contract Sum, the amount of liquidated damages, or the work to be performed under the Contract. 23 6. NO THIRD PARTY BENEFICIARIES. The Surety provides this performance bond for the sole and exclusive benefit of the Owner and Owner's heirs, administrators, executors, successors and assigns. No other party. person or entity has any rights against the Surety. 7. METHOD OF NOTICE. All notices to the Surety, the Principal or the Owner must be given by Certified Mail, Return Receipt Requested, to the address set fourth for each party below: SURETY: Name: U.S. Specialty Insurance Company Attention: Underwriting Street: 13403 Northwest Freeway City, State: Houston TX 77040 -6094 PRINCIPAL Name: Central Florida Environmental Corporation Attention: David Stalowy Street; 910 Belle Avenue, Ste 1040 City, State: Winter Springs FL Zip: 32708 OWNER: The City of Winter Springs Attention: Kevin L Smith 1126 E. State Road 434 Winter Springs, Florida 32708 (407) 327 -5957 with a copy to: Anthony A. Garganese, City Attorney Brown, Garganese, Weiss & D'Agresta; P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32802 (407) 425 -9586 8. STATUE OF LIMITATIONS. Any statutory limitation, which may be contractually superceded, to the contrary notwithstanding, any action hereon may be Instituted so long as the applicable statute of limitations governing the Contract (including any warranty period) has not run or expired or within three (3) years following Final Completion of the Contrail (including any warranty period) and acceptance of the Work performed under the Contract by the Owner, whichever is longer. 9. RECITALS. The recitals contained in this Performance Bond are incorporated by reference herein and are expressly made a part of this Performance Bond. 10. GOVERNING LAW. This performance bond shall be governed by, and construed in accordance with the laws of the State of Florida without regard to its conflict of laws provisions. 11. VENUE. In the event any legal action shall be filed upon this performance bond, venue shall tie exclusively in the Circuit Court for Seminole County, Florida. 12. MISCELLANEOUS. A. The Surety agrees that this performance bond shall afford the Owner with all of the protections and rights afforded under Florida Statutes and under common law. 24 B. This performance bond Is issued in addition to any other bond or warranty required under the Contract including, but not limited to, any labor and materials payment bond and maintenance bond. Each bond issued under the Contract shall be construed as separate and distinct from each other. C. 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 al 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. 0. This performance bond shall remain in full force and effect until such time all the work, labor and materials under the Contract have been performed or provided to the Owner's complete satisfaction, through the expiration of all warranty periods. • Principal Surety Central Florida Environmental Corp. U.S. Specialty Insurance Company (Typed Firm Name) (Typed Finn Name) (Seal) (Seal) 8y: Sy: (Signature (Signature) Patricia L. Slaughter (407) 786 - 7770 (Printed Name) (Printed Name) Attorney in Fact & FL Lic. Resident Agent Title) (Title) 910 Belle Avenue, Ste 1040 13403 Northwest Freeway Winter Springs FL 32708 Houston TX 77040 -6094 (Address) (Address) 11 (Date of Execution) (Date of Execution) END OF SECTION 25 THE ATTACHED STATUTORY COVER PAGE FORMS AND BECOMES A PART OF THIS BOND. SECTION 00620 LABOR AND MATERIALS PAYMENT BOND Bond No. 1000926454, executed in 3 counterparts BY THiS LABOR AND MATERIALS PAYMENT BOND, We Central Florida* , as Principal, whose address is 910 Belle Avenue, Ste 1040, Winter Springs* *and telephone number is (407) 834 -6115 and U.S. Specialty Ins. Co. , as Surety, whose address is 13403 Northwest Freeway, Houston * ** and telephone number Is (713) 744 - 3700 are bound to the City of Wnter Springs, a Florida municipal corporation, as Owner, whose address is 1126 E. State Road 434, Wnter Springs, Florida 32708 and telephone number is 407- 327- 5957, in the initial sum of $ 280,037.00 (110% of Contract Price), or such greater amount as the Contract may be adjusted from time to time in accordance with the Contract between the Principal and Owner) (the 'Penal Sum'). WHEREAS the Principal has executed a contract with the Owner, dated 11%111' , for the construction of the Michae Blake Boulevard - Median Crossover * * ** in the City of Wnter Springs, project ity p Seminole County, Florida (the 'Project *); and WHEREAS, the Owner has required the Principal to furnish a labor and materials payment bond in accordance with taw and as a condition of executing the Contract with Principal; and WHEREAS, this bond is being entered into to satisfy the requirements of Section 255.05(1), Florida Statutes and the Contract referenced above, as the same may be amended, and additionally, to provide common law rights more expansive than as required by statute. NOW THEREFORE, the Surety and the Principal, both joint and severally, and for themselves, their heirs, administrators, executors, successors and assigns agree as follows: 1. CONTRACT INCORPORATED; SURETY AND PRINCIPAL BOUND FOR FULL PERFORMANCE. The Contract is incorporated by reference and made a part of this bond. The Surety and the Prindpat are bound to promptly make payments to all claimants, as defined In Section 256.05(1), Florida Statutes, supplying Principal with Tabor, materials, supplies, or rental equipment used directly or indirectly by Principal in the prosecution of the work provided under the Contract. Any such payments shall not involve the Owner in any expense. 2. CLAIMS. Claims made under this bond shall be made pursuant to provisions of Section 255.05, Florida Statutes, and applicable law. Therefore, a claimant, except a laborer, who is not in privity with the Princpal shall, before commencing or not later than 45 days after commencing to furnish labor, services, or materials for the prosecution of the work, furnish the Principal with written notice that he or she intends to look to the bond for protection. A claimant who is not in privity with the Principal and who has not received payment for his or her labor, services, or materials shall deliver to the Principal and to the surety written notice of the performance of the labor or delivery of materials or supplies and of the nonpayment. The notice of nonpayment may be served at any time during the progress of the work or thereafter but not before 45 days after the first furnishing of labor, services, or materials, and not later than 90 days after the final furnishing of the labor, services, or materials by the claimant or, with respect to the rental equipment, not later than 90 days after the date that the rental equipment was last on the job site available for use. Any notice of nonpayment served by a claimant who is not in privity with Principal which includes sums for retainage must specify the portion of the amount claimed for retainage. 3. SURETY'S WAIVER OF NOTICE. The Surety waives notice of any modifications to the Contract, induding changes In the Contract Time, the Contract Sum, or the labor, work, or materials required to be performed under the Contract. 4. BENEFICIARIES. The Surety provides this performance bond for the sole and exclusive benefit of the Owner and Owner's heirs, administrators, executors, successors and assigns, as well as for the benefit of any claimants who have actually provided labor, material, rental equipment, or services under the Contract. 5. RECITALS. The recitals contained in this Tabor and materials payment bond are incorporated by reference herein and are expressly made a part of this bond. *Environmental Corporation 26 * *FL 32708 * * *TX 77040 -6094 * * * *on SR434 and New Roadway 900 LF on Vacant Land, Winter Springs FL 6. GOVERNING LAW. This labor and materials payment bond shall be governed by, and construed in accordance with the laws of the State of Florida without regard to its conflict of laws provisions. 7. VENUE. In the event any legal action shall be filed upon this labor and materials payment bond. venue shall he exclusively in the Circuit Court for Seminole County, Florida. 8 . MISCELLANEOUS. E. The Surety agrees that this labor and materials payment bond shalt afford the Owner and all claimants under the Contract with all of the protections and rights afforded under Florida Statutes and under common law. F. This labor and materials payment bond is issued in addition to any other bond or warranty required under the Contract Including, but not limited to, any performance bond and maintenance bond. Each bond issued under the Contract shall be construed as separate and distinct from each other. G. In the event that the Surety fails to fulfill its obligations under this labor and materials payment bond, then the Surety shall also indemnify and hold the OWNER harmless from any and al loss, damage, cost and expense, including reasonable attomeys' fees and costs for as trial and appellate proceedings, resulting directly or k dkectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this labor and materials payment bond. H. This labor and materials payment bond shall remain In full force and effect until such time that the legal deaddne for filing a claim hereunder has duly expired. Principal Surety Central Florida Environmental Corp. U.S. Specialty Insurance Company (hped Firm Name) (Typed Firm Name) O (Seal) BY./.1/900-1./atig By: (Signature) (Signatu fdr,,' . .,cahc4..y Patricia L. Slaughter (407) 786 -7770 (Printed Name) / (Printed Name) Attorney in Fact & FL Lic. Resident Agent t e) (Title) 910 Belle Avenue, Ste 1040 13403 Northwest Expressway Winter Springs FL 32708 Houston TX 77040 -6094 (Address) (Address) 1 110 (Date of Execution) (Date of Execution) END OF SECTION 27 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That Amerce Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corps t t a U.S, Specialty Insurance Cotap y, a 1 e*as corporation c vel ompanies "), do by these presents make, constitute amount: Jeffrey W. Reich, Susan L. Reich, Kim E. Niv, J. Gregory MacKenzie, Don Bramlage, Teresa L. Durham, Leslie M. Donahue, Gloria A. Richards, Patricia L. Slaughter or Cheryl Foley of Maitland, Florida its true and lawiiul Attorney(s) -in -fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to ere y p cute, aajcnowiedge and deliver any an lE onds, recognizances, undertakings or zither er -instrument or contracts of 11tilretyship to (include riders, amendments, and consents of surety, providing the bond w r t houi ''further *s Three Million * * ** = Dollars ($ * *3;000,0()0.00 ** ). This P of Attorney shall expire i action on March 18, 2015. Th Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power authority appoint any persons yO represent op hchalf of the Company subject to the following ower and aukhori to a oint an one or more suitable ersons as Attarne s m -Fact to r esent au act for an provisions.. Attorney-in-Fact may be given full power and a y fend in them= a of and on behalf of the Contpanly t4 eXecUte, acknowledge and deriver_ any 1 ibo Is, recognizances, contracts, agreements or indemnity anctudiercon&tiorfator obligatory undertakings and any and aft ndt dies and documents oane =orTerm ing- Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Pact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. _ IS WHEREOF, The Companies have Caused this instrument to be s and the corporate seals to be hereto affixed, this 31'tyDf March, 2011. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY �t�CTOr t 't "?� Corporate Seals �= ' _ T ° A , aw.wmr • Ed, En E.,1* .r ;• By: Dane* ' �, ,,..� '" s " Aguilar, '' ice President ocknoste.. 'b State of California Couaof Ltis Angeles SS: On the 31 day of March, 2011, before me, Deborah Reese, a notary public, so appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. is I certify under PENALTY OF PERJURY under the laws of the State of California tlt thy' foregoing paragraph true and eor . WITNESS my hand and official seal. - _ DEBORAH REESE / / �I • Commission 1 192804$ , . u Signature t4&.. 4 t c k (Se al) � ; Notary Public • Csiitornis " T/ Los Anvils. County - Comm. Wu Mir 15, 2015 ,_ Kin, Assistant Secretary of ;American Contractors Indemnity Company, d mates Surety Company and U.S. - -=pWiail Insurance Company, do hcrreby certify that the above and forego i -a e and correct copy of a Power of Attorney, Y P executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. y Companies Los Angeles, California this day _- In Witness Whereof, I have hereunto set m - ran and e the seals of said om amen at - of t om- u`` i 4 Corporate Seal Vi ' SEAL ^' c( T / Y ` ---' BondNo.�dG�p «, ` � ,°- Jeannie J. Kim,AssistantSecretary to. 11520 ^'14.0 F .441‘NTER S CITY OF WINTER SPRINGS O 'A PUBLIC WORKS DEPARTMENT 1126 STATE ROAD 434 U WINTER SPRINGS, FL 32708 • Incorporated 1959 407 - 327 -7597 .F`OR%OP FAX:407- 327 -6695 MEMORANDUM TO: City Clerk's Office FROM: Brian Fields, City Enginee DATE: January 11, 2012 SUBJECT: Michael Blake Blvd Please find attached two copies of the Agreement for Michael Blake Blvd., which was authorized by the City Commission at the January 9, 2012 City Commission meeting under Consent Item #202. Please request the City Manager sign both Agreements with two witness signatures in the spaces provided. Please also date all Agreements. Please keep one original Agreement for your files and return one to me for the contractor.