HomeMy WebLinkAboutR-2007-007 Florida Highway Products RESOLUTION NO. 2007-007
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA
AUTHORIZING THE CITY MANAGER TO PURCHASE ROAD
RESURFACING SERVICES IN AN AMOUNT NOT TO EXCEED $297,000.00
IN FISCAL YEAR 2006-2007, FROM FLORIDA HIGHWAY PRODUCTS,
INC. UNDER PALM BEACH COUNTY BID 03/04-06; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and
materials for the City government in amounts in excess of $15,000.00 without competitive
bidding and without advertisement for bids if he is authorized to do so in advance by a resolution
adopted by the City Commission; and
WHEREAS, the City Manager has determined that it is necessary to purchase road
resurfacing services for City uses; and
WHEREAS, the Commission has approved two capital projects in the FY 2007 budget
for the paving of the P.J. Meli Parking Lot and re-striping and seal coating of the Beach parking
lot; and
WHEREAS, the City Manager has determined that such road resurfacing services can be
purchased at the least cost to the City from Florida Highway Products, Inc., under Palm Beach
County Bid 03/04-06, a copy of which is attached and made a part of this Resolution as Exhibit
«A,,.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA TEACH, FLORIDA:
Section 1. That the proposal from Florida Highway Products, Inc., for the purchase by
the City of road resurfacing services in an amount not to exceed $297,000.00 in Fiscal Year 2006-
2007, under Palm Beach County Bid 03/04-06, a copy of which is attached and identified in
Exhibit "A", is approved and the City Manager is authorized to pay Florida Highway Products,
Inc., for such services from the General Fund Budget and the Capital Projects Fund Budget.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 3. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED and ADOPTED on January 9, 2007.
PATRICIA FLURY
MAYOR-COMMISSIONER
ATTEST:
$ ld-3 U
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOMAS J. ANSBRO
CITY ATTORNEY
2 RESOLUTION#2007-007
t,!EST 4,,!:
� -.„t L�rivH
OFFICE 0 F T t.,' OFFICE OF THE CITY ATTORNEY
To: Lois J. Fir l� y��
7 r3
From: Claudia M. McKenna,City Attorney
�V✓Nancy D. Urcheck, Deputy City Attorne 4. �jo`
Date: November 17, 2006 c� ® E;
File No.: 410.04-00424
Re: Execution of Contract F
Amendment No. 3 to the Annual Microsurfacing Contract l �`
Florida Highway Products, Inc.
$400,000.00 06.271
Transmitted herewith for your signature are two (2)original documents described above. The document has been
reviewed and approved for legal sufficiency. You are authorized to execute these documents pursuant to the
Procurement Code.
After you have executed these documents, kindly forward the documents, along with this memo, to the City Clerk's
Office.
To: Blane Kathune,City Clerk
From: Nicholas I. Igwe,Assistant City Attorney
Transmitted herewith are 2 original documents executed by the Mayor. Please take the actions indicated below
with respect to these documents:
✓ Attest to the execution of the document by the Mayor.
✓ Date the document as of the date of execution by the Mayor. (If dated by the contractor on the first
page, strike through that date,write in the date of execution by the Mayor and initial).
Leave the document dated as of the date written by the contractor. (Use this prior date as the
contractlamendment date in the Bond, if checked off below).
✓ Performance Bond:Write in the contractlamendment date in the spaces provided.
✓ Labor& Materials Bond:Write in the contract/amendment date in the spaces provided.
✓ Power of Attorney:Certification-Date the certification as of the date of the contract/amendment.
The Mayor is authorized to execute the contract/amendment in accordance with:
✓ Procurement Code. Procurement certification is attached.
Commission Approval. Resolution No.
The contract termination date is: February 24,2008
Please retain o/original as a public record and forward the other original to:
r
/ Chandre McGee Public Utilities,4e Street—Suite 15
R
CONTRACT AUTHORIZATION
Procurement Process
Compliance Certification
This will certify that the undersigned department director or his/her designated representative
has determined that the Contract(s) submitted for signature by the Mayor comply with the
Procurement Code (the "Code") in the following respects:
1. The project has been specifically described in the Budget with regard to the nature
and estimated amount of the project
2. The project does not involve above ground changes to the City.
3. The amount of the Contract meets the budget requirements of the Code.
4. The Procurement Official has been provided with all necessary copies and or other
documents necessary for maintaining the reports required by the Code.
Jonathan Bramley, ng Services Director Date
Public Utilities No.V�• a 7I
Project Name: Annual Contract for Microsurfacing Amendment 3
Work Authorization No.
Project No.: Various Number of Originals needing Signature 2
Contractor: Florida Highway Products, Inc.
Contact Person: Nasim Taheri,Senior Project Engineer Extension: 1094
Attached:
X Justification Memorandum Purchase Requisition/Change Order
X Other: Amendment No. 3 Expenditure Detail
Divisional Review: Fiscal Services
grProject Manager N/A Senior Accountant/Accountant
Division Manager Capital& Bond Fund Supervisor
Fiscal Services Manager
FARFlewitt\Projects\Annual Contract Microsurfacing-Various\Amendment No.3\Compliance Cert.doc
11/7/06
v �
�lMEMO
ORI9�'
Engineering Services Department
To: Lois J. Frankel, Mayor
'?are: Jonathan Bramley, Director of Engineering Services
From: Nasim Taheri, Senior Project Engineer epl
Subject Request for Approval of Amendment No. 3 to the Annual Microsurfacing Contract with
Florida Highway Products, Inc. to renew the Contract for Final Term and Price
Adjustment.
D2tG: November 7, 2006
Annual Microsurfacing Contract with Florida Highway Products, Inc. was executed by the Mayor on
February 25, 2004 for a twelve (12) months term.
Amendment No. 1 to renew the contract for an additional year and revised the rate schedule by
11% executed by the Mayor on March 31, 2005.
• Amendment No. 2 to renew the contract for an additional year and revised the rate schedule by
15% was executed by the mayor on January 31, 2006.
Amendment No. 3 to renew the contract for the final term and increase rate schedule by 7% as
requested by Florida Highway Products, Inc. due to the rapidly escalating cost of raw materials, and
based on the August, 2006, Produced Price Index(PPI) for Street and Highway Construction.
The City desires to amend the Cost Schedule to reflect the increase in the unit prices for the
remainder of the contract, effective the date of execution of the contact by the Mayor.
Pursuant to Section "4", the term of the Contract will be renewed for the Final Annual Term,
commencing February 25, 2007, and will expire February 24, 2008. The anticipated value of this
contract for the remaining term is , @G,:G9A--The funds for Amendment No. 3 will be provided
through various accounts. t
The streets selected for the microsurfacing improvements may be increased or decreased at the
City's discretion.
The City Small Business (SB) Division established an SB goal of 4% for this project. Florida
Highway Products, Inc. will be providing 4% Small Business participation for this project.
0
"An Equal Opportunity Employer"
It is requested that the Mayor approve and execute the attached two (2) originals of Amendment No.
3 where designated and return the entire submittal to the attention of Chandre McGee, Lead
Contract Specialist, Engineering Services Department.
Attachments: Amendment No. 3 (Two Originals)
cc: Joe Piazza, Capital and Bond Fund Supervisor
Nora Laudermilk, Purchasing and Contract Manager
Ben Couden, Senior Accountant
AMENDMENT NO. 3 TO THE ^
ANNUAL MICROSURFACING CONTRACT tom-=
Sealed Bid No. 03/04-06
THIS AMENDMENT NO. 3 TO THE ANNUAL MICROSURFACING CONTRACT
("Amendment No. 3") is entered into by and between the CITY OF WEST PALM BEACH
("City") and FLORIDA HIGHWAY PRODUCTS, INC., a Florida corporation, located at 3900
U.S. Highway 17 North, P.O. Box 928, Bartow, Florida, 33831 ("Contractor").
WHEREAS, the City entered into the Annual Microsurfacing Contract,dated February 25,
2004,with the Contractor to perfonu various roadway microsurfacing projects,on as needed basis;
and
WHEREAS, Section"4"of the Contract provides that the Contract maybe renewed for three
(3) additional one (1) year periods and specifies for adjustment of the unit prices listed in the
Schedule of Bid Items, Exhibit "4", for renewal terms, pursuant to the Consumer Price Index for
Highway and Street Construction; and
WHEREAS,pursuant to Section"4",the initial term of the Contract expired on February 24,
2005; and
WHEREAS, on March 31, 2005, the City renewed the Contract for an additional one (1)
year period("Second Annual Term")and increased the unit prices specified in the Schedule of Bid
Items in accordance with the provisions of the Contract; and
WHEREAS, on January 31, 2006, the City renewed the Contract for an additional one(1)
year period ("Third Annual Term") and increased the unit prices specified in the Schedule of Bid
Items in accordance with the provisions of the Contract; and
WHEREAS, due to the continued increase in costs related to road construction materials,
the Contractor has requested further increases in the unit prices of the Contract; and
WHEREAS, the City desires to renew the Contract for an additional one (1) year period
("Final Annual Term") and further amend the unit prices of the Contract, subject to the terms and
conditions contained herein.
AGREEMENT
In consideration of the foregoing recitals, the mutual covenants contained herein, and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the City and Contractor hereby agree as follows:
l. Recitals. The City and Contractor hereby acknowledge and agree that the recitals set Forth in
this Amendment No. 3 are taste and correct in their entirety.
2. Contract. All references to"Contract"shall mean the terms and conditions contained in the
Annual Microsurfacing Contract, dated February 25, 2004, as amended by Amendment No. 1,
Florida Highway Products, Inc.
Annual Microsurfacing Contracts-Amd. No.3
10312006
Amendment No. 2 and this Amendment No. 3.
3. Term. Pursuant to Section "4", the term of the Contract is hereby renewed for the Final
Annual Term, commencing February 25, 2007, and expiring February 24, 2008.
4. Schedule of Bid Items Exhibit 4. Effective upon the full execution of this Amendment
No. 3, the Schedule of Bid Items as reflected in Exhibit "4" of the Contract is hereby amended to
reflect the increases in the unit prices, as set forth in Exhibit "3-A", attached hereto and
incorporated herein by this reference. The Contractor agrees to honor the unit price rates specified
under this Amendment No. 3 through the expiration of this Contract and shall not seek any additional
rate increases under this Contract.
5. Compensation. The anticipated value of this Contract for the Final Annual Term shall not
exceed the sum of Four Hundred'Thousand and 00/100 Dollars($400,000.00). The City reserves
the right to increase or decrease the anticipated value as necessary to meet actual requirements. The
City does not guarantee any minimum amount of work, or the extent of services required. It is
understood and agreed that the City's obligation to pay under this Contract is contingent upon an
annual appropriation for its purposes by the City Commission.
6. Effect of Amendment. Except to the extent the Contract,is modified by Amendment No. 1,
Amendment No.2 and this Amendment No. 3,the terms and provisions of the Contract shall remain
unmodified and in full force and effect.
7. Construction. In the event of a conflict between the terms of the Contract, as amended by
Amendment No. 1, Amendment No. 2 and the terms of this Amendment No. 3, the terms of this
Amendment No. 3 shall govern and prevail.
[Remainder of page intentionally left blank]
Florida Highway Products, Inc.
Annual Microsurfacing Contracts-Amd. No.3
10312006
IN WITNESS WHEREOF, the City and Contractor have executed this Amendment No.
3 as of the date and year written below.
CITY OF EST ALM B A
ATTEST:
t By/Z
City Clerk Lis J.Vankel, Mayor
Dated: , 2006.
F:\util ities\agreements\amend\th-microsurf-amd3.doc
410.04-00424NI1
CITY ATTORNEY'S OFFICE
Approved as to form
and legal sufficie cy
By:
Date: 1 —D
FLORIDA HIGHWAY PRODUCTS, INC.
By: --I
le
Print Name:
Title: 40FA.j
Florida Highway Products, Inc. 3
Annual M icrosurfacing Contracts-Amd. No.3
10312006
C EXHIBIT
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Output From: 1996 To: 2006 ®°
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Data extracted on:September 21, 2006(9:33:38 AM)
Producer Price Index Industry Data
Series Id: PCUBHWY--BHWY--
Industry: Highway and street construction
Product: Highway and street construction
Base Date: 8606
, Year San Feb Mar Apr I May IJun 1 Jul Aug Sep ®ct Nov Dec Annual
199fs 119.9 119.8 120.6 122.0 122.E 122.0 122.0 122.3 123.0 123.5 123.8 124.0 122.1
1997 124.6 124.7 124.2 124.3 124.5 124.4 124.2 124.9 125.0 124.9 124.9 124.3 124.6
1998 123.8 123.4 1 123.0 123.6 124.0 123.9 124.0 123.4 123.6 123.6 123.3 122.3 123.5
1999 122.8 122.6 123.3 125.4 125.9 126.0 126.9 128.1 129.0 128.8 129.6 130.7 126.6
2000 132.0 134.0 136.0 135.6 135.8 137.6 137.1 136.6 138.9 138.5 138.4 137.3 136.5
2001 137.8 138.2 137.4 138.5 139.9 138.8 136.6 137.0 138.4 135.4 134.1 132.4 137.0
2002 132.9 132.4 132.7 133.3 133.8 133.9 134.1 134.2 134.4 134.4 133.9 133.7 133.7
2003 134.7 135.7 136.8 137.1 137.0 136.9 136.7 136.9 136.8 136.7 137.1 137.2 136.6
2004 140.5 141.2 142.5 145.2 147.9 147.0 149.2 150.5 151.8 155.5 155.4 152.0 148.2
2005 154.3 156.5 160.4 162.9 162.4 163.7 167.6 170.0 176.1 180.8 173.1 173.4 166.8
2006 177.5 175.9 179.4 185.4 188.3 190.2 191.9 193.4
(P) (P) (P)
P : Preliminary. All indexes are subject to revision four months after original publication.
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Washington, DC 20212-0001 Data questions: blsdata staffa@bis oov
Technical (web) questions: webmaste @bls aov
Other comments: feedbackCa)bl".
Florida Highway Products, Inc.
P.O. Box 928 • Bartow,FL 33831
3900 US Highway 17 N 9 y N. Bartow, FL 33830
(863)533-7881 FAX: (863)533-4404
October 9, 2006
Nora W. Laudermilk, CPPB
Procurement Official
City of West Palm Beach
Purchasing
1045 Charlotte Ave.
West Palm Beach, FL 33401
Re: Bid No 03/04-06 Annual Microsurfacing
Dear Ms.Laudermilk:
We would like to summit the following price adjustment for your consideration.
This escalation is based on the Procedures Price index for Street and Highway
Construction. Due to the rapidly escalating cost of raw material costs we have had to
project this index for the remainder of the contract. We appreciate our long standing
relationship with the City of West Palm Beach. Thank you for your thoughtful
consideration of this escalation.
Very Truly Yours,
Robert H. Ma ad'
President
,WIJC Ulfi fft5
OCT 10 7(106
{'NGINEERING SERVICE^
www.tloridahighwaycom Email:Admin@FioridaHighway.net
�pST P�
04 A
�OR10�,
Small Business Division
0 Tel. (561) 822-2100 Fax (561) 822-1275
Small Business Program Recommendation Report
Instructions:Use this form when a company/firm is being recommended for an award of contract,a change order,or a purchase order.
Department Directors and/or their designees are responsible for the completion of this form.Complete this form by filling-in the
information requested in Sections I, and Section II(for contract award)or Sections It and III(for Change Order). Submit this form to the
Small Business Division for approval.You can e-mail to Carolyn Paul-Haswell as attachment in Lotus Notes.
SECTION I. General Information
User Department Engineering Services
Project Name Annual Microsurfacing Contract-Amendment No.3
Sealed Bid, RFQ,WA,or Requisition No. SB 03/04-06
Recommended ContractortVendor Florida Highway Products, Inc.
Is the recommended company a certified SB? No JDid any SB bid this project? lNo
Prepared By: I Robin Hewitt Date: 1 11/1/2006
SECTION II. Contract Award -Attach a Letter of Intent(Form SB 07)for each company listed below.
Total Contract Amount $1,000,000.00
Established SB Goal 4 If No Goal was established,check with an X
Awarded SB Goal 4.00
SB Subcontractors SB Contract Amount Percent SB Office Use
This contract will consist of work orders, $0.00 0.00
FHP will use Wynn&Son Environmental $0.00 0.00
for overall participation of 4%. $0.00 0.00
$0.00 0.00
Wynn 8 Son TBD 4,00
$0.00 0.00
$0.00 0.00
$0.00 0.00
$0.00 0.00
$0.00 0.00
Total Awarded SB Subcontract $0.00 4
SECTION III. Change Order on Contracts -Attach copy of the Change Order
Change Order Num.
Previous Total Contract Amt.
Change Order Amt.
Revised Total Contract Amt.
SB Subcontractors SB Contract Amount Percent SB Office Use
$0.00 #DIV/0!
$0.00 #DIV/0!
$0.00 #DIV/0!
$0.00 #DIV/0!
$0.00 #DIV/0!
$0.00 #DIV/0!
$0.00 #DIV/0!
$0.00 #DIV/0!
$0.00 #DIV/0!
$0.00 #DIV/0!
Total Awarded SB Subcontract $0.00 #DIV/01
Form SB 08 Oct00
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RISK MANAGEMENT COMPLIANCE CERTIFICATE
AND INSURANCE CERTIFICATES
PROJECT NO. Various
PROJECT: Annual Microsurfacing Contract-Amendment No. 3
This is to certify that I have reviewed the required Insurance Certificate(s)
submitted by the Contractor for the above Project, and find that the Contractor has
furnished to the Owner such Certificate(s)of Insurance by companies acceptable to the
Owner and the Engineer with regard to type and amount of coverage, as well as form of
notice, as stipulated in the General Terms and Condition
J f
Ann-Marie Sharpe, Ris Manager
City of West Pal Beach, Florida
This day of ,��" , 200 .
BMOD69
Rim
reumIcts mcb insurance as is afforded by dwse
This ocracate is executed by►: Mmusl °0E a' Certificate of Insurance
is hawed as a mm0er f iohm=dm my ad wnfen uo rights�Yam
the ��. TLis catiflcaoe is not an iasucaoce policy and doer not omead,extea4 or a@er floe coverage
tthe lids listed below.
is to certify that(Name and address of Insured)
FLORIDA HIGHWAY PRODUCTS INC LibC
rlX
3900 US HWY 17 N
rn
BARTOW,FL 33830
insured by the Conapmy order to policy(ee)fisted bdwv. The hick e at)orded by the tisoed poliry(w)a sotrjea to all then maw a actumas end conditions and
w at din issue cities of this eertifioate.� w,� m which thn xatifinm ma be iamcd.
is no ahaed term or condition of connmt a od-documasr Limits of Liability
Po Numbe s Liability
E iraHon a Eft Das Coverage afforded order WC haw of Employersl
ty
Continuous* the following states: Bodily,Injury By Accident
Extended Each Accident
X Policy T� Bodlty LIsjuy BY Disease
Policy Limit
Bodily Injury BY Diem"
Workers Compensation Ench Person
08/01/2006/Og/012007 TB1-121-091650-026 General Aggregate-Other than Prod/Completed Operations
$2,000,000
General LfabWtY Products/Completed Operations Aggregate
PU i.IC UTILITIES $I o0o Ono Per
Claims Made Bodfly Injuryand Property Damage Liability
X Oaxtiaenex $l 000 t100 Occurrence
Per Person/
2 2006 Personal and Advertising InjuryOrEanI
ENGI 'ERING SERVICES other LfabwtY other Liability
08MI/2006/08/01/2007 ASI-121-091650-016 $i Each Accident.Single Limit-B.IL and P.D.Combined
AutomobileIJabiBty Each Person
X Owned Each Accident or Occurrence
X Non-Owned
X Iced Each Accident or Occurrence
C 9CAI3CELLATION CLAUSE DOFS NOT APPLY 101O11 11 N PAYMF.NC OF PREMIUM-'—-
O - BY WRr1'EN CONTRACT:THE CrrY OF WEST PALM BEACH WPCH
M ADDITIONAL INSURED WITH REGARD TO GENERAL LIABILITY WHEN REQUIRED
M RESPECT TO WORK PERFORMED
E
N
T
$ will be notified if coverage a serraioamd redueed Defoe the ceatifiom oquahon date. However,yao Z not be notified aowally of
cation due is—aoua or extended term,You
•e too certificate fc0 err Eks a dawn g a false err
Special Nono�e-Ohio•�pmoa�with intent to de5smd or lmowmg Doubt I she is facilitating a$aud against mmnnc,sub ban application
deceptive statement is guihy of Wsurmce fraud err need idormation about this certificate for my rem on,please contact your local sake producer.
[mpoecaat information m Florida policyho�and cetirJeate hoMers:is the event you have my 9OeStiOns oddre:s may a1w be obtained by calling this number•
®due btwer lea eonmr dthis cati8rim• The appropriate bunt aaks oo5ce mailing
whose name end mkpbom mnnber appaaa $ems din stntcd eap dam the eo y wolf tot or- 60 iosmcrosa a under din above
Notice of cancellation:(rot wplieebk unkas a number of days is entered below)
policies until at least 30 days notice of such cancellation Lug been mailed to:
Office: TARRYTOWN,NY-COMM M CrS Phone 914 332-9770 .. —
1 SUSAN RYAN
Certificate Holder: Authorized Re resentative
CITY OF WEST PALM BEACH
ENGINEERING SERVICES DEPT
PO BOX 3506
WEST PALM BEACH, FL 33402-3506
Date Issued: 07/26/2006 Prepared By: DG
Po6/ccy Number: �/ A'c ®/� /� Date Entered: 5/2/2006
.RTIFICATE OF LIABILITY INSURANCE DATEIMMIDDrrtW)
PRooucER Advanced COUPTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
2525 Drane Field Road, Ste. 3 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Lakeland, FL 33811 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
(863)646-3332
456 INSURERS AFFORDING COVERAGE NAIC#
INSLeiED Florida Highway Products, Inc. INSURER ABri field Employers Insuranco Companr _
INSURER B'.
3900 U S Highway 17 North INSURERC.
Bartow, FL 33831 INSURER
INSURER E
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE 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 BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADMPOLICY NUMBERPaLIC11 ^� POLxY Tt LIMITS
LTR IN E OF INSURANCE GENERALUABI1JTY EACH OCCURRENCEDAMAGETURERTEff-
f
COMMERCIAL GENERAL LIABILITY PREMISES Me ocarrenco f
CLAIMS MADE OCCUR MED ExP(Any one personi S �A
PERSONAL&ADV INJURY f
GENERAL AGGREGATE f
641 AGGREGATE LIMT APPLIES PER: PRODUCTS-COMPIOP AGG f
POLICY PRO LOC
AUTOMOBILE UABILRY COMBINED SINGLE LIMIT f
(Es ecadonq
ANY AUTO
ALL OWNED AUTOS BODILY INJURY f
SCHEDULED AUTOS !Y (Per person)
HIRED AUTOS i' BODILY INJURY f
NON-OWNED AUTOS
PROPERTY DAMAGE f
—in nnne (Pa sonde al)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT f
ANY AUTO g�, OTHER THAN EA ACC f
h E*cm AGG f
EXCESS/IAkIEFIELLA LIABILITY MW EACH OCCURRENCE f
OCCUR n CLAIMS MADE AGGREGATE f
f
DEDUCTIBLE f
S
RETENTION f WC STATU- OTH.
WORKERS COMPENSATION AND
EMPLOYERS LIABILITY E.L EACH ACCIDENT f 500,000
A ANY PROPRIETOR/PA.RTNERtUECUTNE 0830-29826 2/1/2006 2/1/2007
OFFICERMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE f 500,000
I'm describe under 500 000
SAL PROVISIONS below E.L.DISEASE-POLICY LIMIT f
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
McKenzie fax# 561-805-6676
Engineering Dept faxO 561-494-1116
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of West Palm Beach DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
Engineering Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
1000 45th Street, Ste. 15 IMPOSE HD OBLIGATION OR LIABILITY OF ANY)ONO UPON THE INSURER, ITS AGENTS OR
West Palm Beach, FL 33407 REPRESEdTATTVES.
lAUTHORIZED REIWSENTATWE DlCke'
FieldingDicke
ACORD 25 J2001/08) O ACORD CORPORATION 1988
'o7u:?7 usim l F•:ms B,,SS Pkis software "v FormsBoss<om.Impressive PubhsNno 800-208-197 7
OCT.31.2006 11:24AN NO. 149 P.10
CITY OF WEST PALM BEACH
PAYMENT AND PIERFQRM,A1d7CE BOND FRONT PAGE
This is the front page of the performance/payment bond issued in compliance with Florida
Statute Chapter 255.05
Surety Name: I Tit FIRE INSURANCE OMANy
436 WALNUT' S=
pHII ADE PHTA, PA. 19106
Bond Number. KO 75 14 03 7
Contractor Name: Florida Highway Products, Inc.
3900 US Highway 17 North
Bartow, Fl. 33331
Owner Name: City of West Palm Beach
200 2nd Street
0 West Palm Beach,Fl. 33402
Project Number: Various
Project Description: Annual Nficrosurfacing Contract
Project Address: Various Locations, within the City of West Palm Beach.
Legal Description of Property:
This is the front page of the bond. All other pages are subsequent regardless of the
pre-printed numbers.
BOND NO. KO 75 14 03 7
PERFORMANCE BOND
(This Bond meets and exceeds the requirements of Florida Statutes Section 255.05)
STATE OF FLORIDA }
COUNTY OF } SS:
KNOW ALL MEN BY THESE PRESENTS that we, FIMMA HIGHWAY PR09=, INC.
3900 US HIGMY 17 NORTH BARIOW FL. 33831 as Principal hereinafter called the Contractor,
and WESTGESIER FTRE DEURANM MANY as Surety, are held and
firmly bound unto the City of West Palm Beach,Florida, as obligee, (hereinafter called the City),
in the Penal sum of
FOM H[)rIDRm 'IIUMAND 00/100 Dollars, ($400.000.00 )
for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns,jointly and severally, firmly by these presents.
WHEREAS, the Contractor, on the /3 day of ?' (-, , 200(u , entered
into a certain contract with the City, hereto attached, which Contract is made a part hereof by
reference thereto.
NOW THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the Contractor
shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and
agreements of said Contract, and all duly authorized modifications of said Contract that may
hereafter be made, notice of which modifications to the Surety being hereby waived, then this
obligation shall be void; otherwise to remain in full force and effect.
WHENEVER the Principal is declared by the City to be in default under the Contract, or whenever
the Contract has been terminated by default of the Contractor,the City having performed the City's
obligations thereunder, the Surety shall:
1. Complete the Contract in accordance with its terns and conditions, or at the City's
sole option.
2. Obtain a Bid or Bids for submission to the City for completing the Contract in
accordance with its terms and conditions,and upon determination by the City and the
Surety of the lowest responsible Bidder,arrange for a Contract between such Bidder
and the City, and make available as work progresses (even though there should be
default or a succession of defaults under the Contract or Contracts of completion
arranged under this paragraph)sufficient funds to pay the cost of completion less the
balance of the Contract price; but not exceeding, including other costs and damages
for which the Surety inay be liable hereunder, the amount set forth in the first
paragraph hereof.The term"balance of the Contract price"as used in this paragraph,
shall mean the total amount payable by the City to the Contractor under the Contract
and any amendments thereto, less the amount properly paid by the City to the
Contractor.
Perfonnance Bond Page 1 of 3
No right of action shall accrue on this bond to or for the use of any person or corporation other than
the City named herein or the successors or assignees thereof.
The Surety shall and does hereby agree to indemnify the City and hold it harmless of, from and
against any and all liability, loss, cost, damage or expense, including reasonable attorneys' fees,
engineering and architectural fees or other professional services which the City may incur or which
may accrue or be imposed upon it by reason of any negligence, default, act and/or omission on the
part of the Contractor,any Subcontractor and Contractor's or subcontractor's agents, servants and/or
employees, in, about or on account of the construction of the work and performance of said Contract
by the Contractor.
The Surety expressly agrees to be bound by all terms and conditions relating to liquidated,delay and
time or impact related damages, and is responsible for any and all warranty obligations or damages
as a result of latent defects or deficiencies in the work performed under the Contract Documents
incorporated herein or as provided for by Florida law.
The Surety waives all rights against the City and any of its agents and employees for damages or
other causes of loss by the Surety's performance of its obligations under the performance bond,
including claims by the Surety against the City for costs it asserts were not warranted by these
Contract Documents and excluding only such rights as the Surety shall have to proceeds of such
insurance held by the City as fiduciary. This waiver of subrogation shall be effective as to a person
of entity even though that person or entity would otherwise have a duty of indemnification,
contractual or otherwise,did not pay the bond premium directly or indirectly,and whether or not the
person or entity had an insurable or suretyship interest in the property allegedly damaged.
This bond shall remain in full force and effect for such period or periods of time after the date of
acceptance of the project by the City as are provided for in the Contract Documents, and the
Contractor hereby guarantees to repair or replace for the said periods all work performed and
materials and equipment furnished,which were not performed or furnished according to the terms of
the Contract Documents. If no specific periods of warranty are stated in the Contract Documents for
any particular item of work,material or equipment, the Contractor hereby guarantees the same for a
minimum period of five(5)years from the date of final acceptance by the City of the entire project.
Any suit on this bond must be instituted within such period or periods as may be provided by law.
Performance Bond Page 2 of 3
IN WITNESS WHEREOF,the above bounden parties have caused this Bond to be executed by their
appropriate officials on the 13 day of BER 200 6
PRINCIPAL:
Florida Highway Products, Inc.
(Affix
Signature of Authorized Officer Seal)
ATTEST:
Title
Secret 390o US MMiAY 17 NOKIH
Business Address
BARIUM, FL. 33831
City State
SURETY:
M DORM CWANY
o orat urety
i (Affix
Att rney-i Fact Seal)
D Pr- ATTORNEY IN FACT
4� r.uT�s m c ii?F'GT
Business Address
WMADELMA, PA. 19106
City State
Countersigned By Resident Florida
Agent Or Surety (Attach Copy of
Agent's current License as issued by
State of Florida Insurance
Commissioner)
Name of Local Insurance Agency
Perfonnance Bond Page 3 of 3
ACKNOWLEDGMENT OF PRINCIPAL IF A CORPORATION
STATE OF ','A ssi.
COUNT-YOFf""- ,�/--
On this? (I-
" day of before me personally came to
me known,who being by duly sword did depose and say that he/she resides at
and that he/she is the A, of
the corporation described in and which executed the foregoing instrument/that he/she knows the seal of
said corporation; that one of the seals affixed to said instruments such seal, that it was so affixed by order
of the directors of said corporation, and that he signed his name thereto by like order.
CAROL J.BEASLOY
NOT—AIk M/"BLIC
gtrm�IMENT 0;PRINCIPAL IF A PARTNERSHIP
- ------------
ACKNO
STATE OF Iss.:
COUNTY OF
On this day of before me personally appeared
to me known and known to me to be one of the members of the firm of
described in and who executed the foregoing instrument and he acknowledged to me that he executed the
same and or the act and deed of said firm.
0 NOTARY PUBLIC
ACKNOWLEDGMENT OF PRINCIPAL IF AN INDIVIDUAL
STATE OF Iss.:
COUNTY OF I
On this day of before me personally appeared
to me known and known to be to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same.
NOTARY PUBLIC
ACKNOWLEDGEMENT OF SURETY
STATE OF New York I ss.:
COUNTY OF Nassau )
On NOVEMBER 13, 2006 before me personally came DIANA P.ALESCI
to me known who, being by me duly sworn, did depose and say that he/she resides at 255 Executive Drive
Plainview, New York 11803, that he/she is the Attorney in Fact of
WESTCHESTER FIRE INSURANCE COMPANY
the corporation described in and which executed the foregoing instrument; and that he/she signed his/her name
thereto by order of the Board of Directors of said corporation.
10 ROSANNE CALLAHAN
NOTARY PUBLIC STATE OF NEW YORK
NO. OICA602444 NOTARY PUBLIC
QUALIFIED IN SUFFOLK COUNTY
COMMISSION 9XIP11111i9 MAY 19--"- o 7
Power ®f WESTCHESTER FIRE INSURANCE COMPANY 1173721
Attorney M.
,277252
i0iKnow all men by these presents:That WESTCHESTER FIRE INSURANCE COMPANY,a corporation of the Slate of New York,having its
pal office in the City of Atlanta,Georgia,pursuant to the following Resolution,adopted by the Board of Directors of the said Company on November 8, 1999,to
wit:
"RESOLV ED,that the following Rules shall govern the execution for the Company of bonds,undertakings,recognizances,contracts and other writings in the nature thereof:
(1) That the President,any Senior V icc President,any Vice President,and Assistant Vice President.or any Attorney-in-Fact,may execute for and on behalf of the Company any and all bonds•undertakings,recognvances,
R
contracts and other writings in the nature thereof,the same to be attested when necessary by the Corporate Secretary,or anY Assistant Corporate Seaaery,and the seal of the Company affixed therao;and that the
President•any Scoior Vice Presidem.any Vice Psaidem or any Assiaam Vice President may epPoim end ahtlhoritt any other Officer( appoimedl of the Company.as Anoraeys•In•Fea to so execute or attest to
the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto.
(2) Any such writing executed,in accordance with these Rules Shan be as binding upon.the Company in any case as though signed by the Resident and attested to by the Corporatc Seaasry.
(3) The signature of the Residerrt,or a Senior Vice President.ter a Vice President;or an Assistant Vice Resident and the seal of.the Company maybe affixed by facsimile on any power of attorney graved pursuant to this
Resolution,and the signature of a certifying Officer and the seal of the Company may be affixed by facsimile to nay certificate of any such power,and any such power or certificate bearing such facsimile signature and seal
. shall be valid and binding on the Company. .
I (4) Such other Officers of the Company,and Attorneys-in•Fact shall have authority to certify of verify copies of this Resolution,the By-Laws of the Company,and any affidavit or record of the Company necessary to the
I� discharge of their duties. _
(5) Thc.passage of this Resolution does not revoke any earlier authority graved by Resolution of the Board of Directors."
Does hereby nominate,constitute and appoint DIANA P.ALESCI,MARYLOU BROWN, ROSANNE CALLAHAN,ROBERT FINNELL,
PETER HENRY and RICHARD K. KAINZ all of the City of Plainview,State of New York.each individually if there be more than
to,seal and deliver on its Behalf,and as its act and deed any and all bonds,undertakings;
one named,its true and lawful attorney in-fact,to make,execu .
recognizances.contracts and other.writings in the natwe.thereof in penalties not exceeding Five Million Dollars($5,000,000)and the execution of such
writings in pursuance of these presents shall be as binding upon said Company,as fully and amply as ifthey had been duly executed and ackowledged by
the regularly elected officers of the Company at its principal office.
IN WITNESS WHEREOF,the said Stephen M.Haney,Vice-President,has Hereunto subscribed his name and affixed the corporate seal of the
said WESTCHESTER FIRE INSURANCE COMPANY this 15th day of September 2006.
T WESTCHESTER FIRE INSURANCE COMPANY
at .h�.
° eg66- Stephen M.Haney. vice President
COMMONWEALTH OF PENNSYLVANIA>
i COUNTY OF PHILADELPHIA ss
� . On this.15th day.of September.A.D::2006,before me,a Notary Public of the Cornirrooweahh of:Pennsylvania in and for the County of Philadelphia
came Stephen M.Hadey;,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to rase personally known to be the individual and
officer who executed the.preceding instrument;and he acknowledged that he.executed the same,and that the seal affixed to the preceding instrument is the
corporate seal•of said Company;that the said Corporate.seal and his signature were duly affixed by the authority.and direction of the said corporation,and i
that Resolution,adopted by the Board oflJirectors of said Company,referred to in the preceding instrument,is now in force
IN TESTIMONY WHEREOF,I have hereunto seYrrry Band and affixed my official seal at the City.ofPhiladelphia the day and year first above written.
e = NO
TAIUALSEAt ,�;, J
;. . Kathleen Trri.Not at Public _
Philadelphia;Philadelphia County Notary public
,,� �2 my camill"ni"eltpires SepteYr§r.',Z09?
1,the undersigned Secretary of WESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF
ATTORNEY,of which the foregoing is a substantially true and correct,copy,is in full force and effect.
In witness whereof,I have hereunto subscribed my name as Secretary,and affixed the corporate seat:of the Corporation,this _day of
George D.Mulligan,
g g. Secretary
THIS POWER OF ATTORNEY MAY NOT BE USED TO.EXECUTE ANY BOND WITH AN:INCEPTION DATE AFTER.September 15.2008-
•
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wESTCHESTER FIRE INSURANCE COMPANY
FINANCIAL STATEMENT DECEMBER 31,2006
ADMITTED ASSETS
BONDS $1.655,482,596
SHORT-TERM INVESTMENTS 93,489,235
STOCKS 118.948,855
REAL ESTATE 0
CASH ON HAND AND IN BANK 275,775
PREMIUM IN COURSE OF COLLECTION' 123,588,897
INTEREST ACCRUED 17,757,019
OTHER ASSETS 233.090.132
TOTAL ASSETS $21242,630,509
LIAB j1ES
RESERVE FOR UNEARNED PREMIUMS $427,660,175
RESERVE FOR LOSSES 1,297,014,793
RESERVE FOR TAXES 23,819,231
FUNDS HELD UNDER REINSURANCE TREATIES 0
OTHER LIABILITIES (45,884.056)
TOTAL LIABILITIES 1.702,610,143
CAPITAL: SPECIAL SURPLUS 213,300.000
CAPITAL: 928,592 SHARES,$4.85 PAR VALUE 4,503,671
CAPITAL: PAID IN 160.938,389
SURPLUS(UNASSIGNED) 161,278,306
SURPLUS TO POLICYHOLDERS 540.020,366
TOTAL $2.242,630,509
(-EXCLUDES PREMIUM MORE THAN 90 DAYS DUE.)
STATE OF PENNSYLVANIA
COUNTY OF PHRADELPHIA
John P.Taylor,being duty swom,says that he is Vice President of.
Westchester Fire Insurance Company and that to the best of his knowledge and belief the
foregoing Is a true and coned statement of the said Company's financial condition as of the
31 si day of December,2005.
Sworn before me this 13th day of Apnl,2006. _
Vice P sident
/ ZZ
o ry Public lily commission a Tres
COtM WNWEALTH OF PENNSYLVAMA
Notarial Seat
Owe�Dodm,Notary Public
Ay Of Pf>3 >ia Rt>jtadeWla County
W Cww*ion E OcL 21,2W9
?.tamper,Pennsylvania Association of Notaries