HomeMy WebLinkAboutR-2007-064 Florida Highway Meli Park RESOLUTION NO. 2007-064
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA
AUTHORIZING THE CITY MANAGER TO PURCHASE ADDITIONAL
ROAD RESURFACING SERVICES IN AN AMOUNT NOT TO EXCEED
$12,000.00 IN FISCAL YEAR 2006-2007, FROM FLORIDA HIGHWAY
PRODUCTS, INC. UNDER PALM BEACH COUNTY BID 03/04-06;
PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dania Beach approved the purchasing of
road resurfacing services pursuant to Resolution 2007-007 adopted on January 9, 2007 in an
amount not to exceed$297,000.00; and
WHEREAS, Resolution 2007-007 appropriated $30,000.00 to resurface the Meli Park
parking area; and
WHEREAS, Florida Highway Products, Inc. has assigned a cost of $42,000.00 to
complete the resurfacing and line striping of the Meli Park parking area, creating a financial need
for an additional $12,000.00;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the proposal from Florida Highway Products, Inc., for the purchase by
the City of road resurfacing services for an additional $12,000.00 in Fiscal Year 2006-2007, under
Palm Beach County Bid 03/04-06 is approved.
Section 2. That the Director of Finance is authorized to obtain the funding from the
General Fund Contingency account and to appropriate the budget accordingly.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED and ADOPTED on March 27, 2007.
NT
MAYOR- MMISSIONER
ATTEST:
C�1 16Zu y — !eyJ
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THO A J. A ` SO
CITY ATTORNEY
2 RESOLUTION 42007-064
MEMO i'VE'ST P :_:,i atACH /
• OFFICE Or T!�T ir ,;,�H OFFICE OF THE CITY ATTORNEY
To: Lois J. F I1.
yq�
From: Claudia M.McKenna, City Attomey i/
Nancy D. Urcheck, Deputy City Attorne �✓ �, � � do
Date: November 17,2006 P �t ��h ,q �,
File No.: 410.04-00424 F �'
Re: Execution of Contract 1
Amendment No. 3 to the Annual Microsurfacing Contract 2 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
contract/amendment 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 certifration 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:
Chandre McGee, Public Utilities 41P Street—Suite 15
• 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:
I. 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 n
Public Utilities No.L
Project Name: Annual Contract for Microsurracine Amendment 3
Work Authorization No.
Project No.: Various Number of Originals needing Signature 2
Contractor: Florida Hiehwav Products,Inc.
Contact Person: Nasim Taheri,Senior Project Eneineer Extension: 1094
Attached:
X Justification Memorandum Purchase Requisition/Change Order
X Other: Amendment No. 3 _ Expenditure Detail
Divisional Review: Fiscal Services
Project Manager N/A Senior Accountant/Accountant
_ Division Manager _ Capital& Bond Fund Supervisor
• _ Fiscal Services Manager
F*W1cwin\FmgwMnnua1 Contract Microsurfacing-Varioms Amendment No.Xomph"ce Cen.doc
11/7/06
SST P
MEMO H° n
� � s
�LORI9A
Engineering Services Department
TO: Lois J. Frankel, Mayor
Thru: Jonathan Bramley, Director of Engineering Services
From. Nasim Tahed, Senior Project Engineer All
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.
Date: 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, 200E
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 $q 098-The funds for Amendment No. 3 will be provided
through various accounts. F r 11 �, p
1 �J I .G iJI
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.
"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 Lauderrnilk, Purchasing and Contract Manager
Ben Couden, Senior Accountant
AMENDMENT NO.3 TO THE E^r S
ANNUAL MICROSURFACING CONTRACT
Sealed Bid No. 03/04-06 I
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 perform various roadway microsurfacing projects,on as needed basis;
and
WHEREAS,Section"4"of the Contract provides that the Contract may be 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 114", 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:
I. Recitals. The City and Contractor herebyacknowledge and agree that the recitals set forth in
this Amendment No. 3 are true 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 byAmendment 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. 2
Annual Nticrosurfacing 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.
CITWESTALM ATTEST: fU
By:
City Clerk ,
Ott. \ ` � ��c, - 1
Dated: 3 , 2006.
F:\utiI it ieslagreementslamendlth-microsurf-amd3.doc
410.04-00424N11
CITY ATTORNEY'S OFFICE
Approved as to form
and legal sufficie cy
sy: 1 �l �✓
Date: I —Q
FLORIDA HIGHWAY PRODUCTS, INC.
• By:
Print Name: go—
Title: PAi-TIP E.L-r`
• Florida Highway Products, Inc. 3
Annual Microsurfacing Contracts-And.No.3
10312006
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Bureau of Labor
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Bureau of Labor Statistics Data
www.b1s.gov .j Advanced Search i A-Z Index
BLS Home I Programs&Surveys I Get Detailed Statistics Glossary What,s New i Find Itl In DOL
Change'
Output From: 1996 To: 2006
Options:
El include graphs NEWT More Formatting Options
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 I Jun 1 Jul Aug Sep Oct Nov Dec Annual
1996 12 9.9 119.8 120.6 122.0 122.6 I22.0 122.0 122.3 123.0 123.5 1 Z3.8 124.0 122.1
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 123.8 123.4 123.0 123.6 124.0 123.9 124.0 123.4 123.6 123,6 123.3 12 2.3 123.5
1999 122.8 122.6 123.3 125.4 125.9 126.0 126.9 128.1 229.0 128.8 129.E 130.7 126.6
2000 132.0 134.0 136.0 135.6 135.8 137.6 137.1 136.E I38.9 138.5 138.4 137.3 136.5
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 13 b.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 1 S2.0 148.2
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 177.5 275.9 179.4 185.4 188.3 190.2 191.9 193.4
(P) (P) (P) (P)
P : Preliminary. All indexes are subject to revision four months after original publication.
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' Florida Highway Products, Inc.
. P.O. Box 928 • Bartow,FL 33831
3900 US Highway 17 N. • Bartow, FL 33830
(863)533-7881 • FAX: (863)533-4404
October 9, 2006
Nora W. Laudennilk, 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 and r
President
rbaiaC Ulidlifs
OCT 10 IM
�'NGINEERING SERVICE'
www.tforidahighway.com EmaB:Admin®FlorldaHlghway..net
-�FST p
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�OR40
• Small Business Division
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 II 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 Microsudacing Contract-Amendment No.3
Sealed Bid, RFO,WA,or Requiskion No. SB 03/04-06
Recommended ContractodVendor Florida Highway Products,Inc.
Is the recommended company a certified S87 No Did any SB bid this project? INo
Prepared By: JRDbin Hewitt Date: 1. 11/1/2006
SECTION It. Contract Award -Attach a Letter of Intent(Form SS 07)for each company listed below.
Total Contract Amount $1,D00,000.00
Established SS Goal 4 It No Goal was established,check with an%
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
$0.001 0.00
Wynn&Son TB01 4.00
$0.00 0.00
$0.00 0.00
50.00 0.00
$0.00 0.06
$0.00 0.06
Total Awarded SB Subcontract $0.00 4
SECTION Ill. 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----7 SB Contract Amount F Percent SIS Office Use
SO.00 #DIV/O!
$0.DO #DIVl0!
$0.001 #DN/0!
$0.001 #DIV/0!
$0,001 #DIVio!
$0001 #DIV/01
$0.00 #OIV/Of
$0.00 #DIV/0!
$0.00 #DIV/0!
Total Awarded SB Subcontract $0.00 #DIVlO!
Form SS 08 Oct00
04
S.
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�LORI9P
RISK MANAGEMENT COMPLIANCE CERTIFICATE
AND INSURANCE CERTIFICATES
PROJECT NO. Various
PROJECT: Annual Microsurfacina Contract-Amendment No. 3
This is to certify that 1 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
4�'el
Ann-Marie Sharpe, Ris Manager
City of West Pal Beach, Florida
This day of , 200 .
BMOD9
' n mrb mmms b k affwdtd suss .
Thk mtddn hoaemed Mtnod� CertiBcde oflmatnaee
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FLORIDA HIGHWAY PRODUCTS INC
3900 US HWY I7N Mu� uro
BAATOW,FL 3383D
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X Ovmd Each Accident or OCCnrrenee
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Office: TARRY7'OWN,NYLOMM hOCi'S Phone: 914332-9770
SUSAN RYAN
Certificate Holder. Aptlmr6ad Re roentative
CITY OF HEST PALM BEACH
ENGINEERING SERVICES DEPT
PO BOX 3506
WEST PALM BEACH, FL 33402-3506
Date Issued: 07/26/2006 Prepared By: DG
Po6ry Nrnb.. Dale Eraeret 5/2/2006
�A QCQLRD� CERTIFICATE OF LIABILITY INSURANCE °"�'"M°°NY""
PRODUCER Advanced. Coop THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
2525 Creme 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 NAIL J
INsurED Florida )Highway Products, Inc. INS.)REAA bridgeflel rs Insurance Comma'
INSURER S
3900 U S Highway 17 North wsuRERC.
Bartow, FL 33831 INSVAERD
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITRSTANO WG
ANY R EOUIRELIEHT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN,THE 14SURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REWCED BY PAID CLAIMS.
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POUCY I LOC
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CERTIFICATE HOLDER CANCELLATION
SHOL.LO ANY OF THE ABOVE OEWRIBE6 POLICIES BE CANCELLED BEFORE TIE UPWATON
City of Wert Palm Beach DATE TFEREOF,THE ISSUING INSUER IYLL RmEAVOR TO MAIL 30 DAYS WRITTEN
Engineering Department NOTICE TO THE CERTIFICATE HOLDER MWED TO THE LEFT,OW FAILURE TO 00 SO SHALL
1000 45th Street, Ste. is IMPOSE NO OBOGATION OR LULBBIfY OF ANY MONO UPON TIE WSVIHL, Ifs AGENTS OR
West Palm Beach, FL 33407 RBRESENTATNIM
AUTHORQWRI3RESMATIVE
Fielding Dickey
ACORD 25 121101106) ACORD CORPORATION 1988
I,Iu'1..1 u111 F 11,B,SF F"s,~. nwN FM`IrSO sc..Impessiw PiDAwinu 8062W 39)J
OCT.31.2006 ii:24AM NO.149 P.10
CITY OF WEST PALM BEACH
PAYMENT AND PERFORMAI0'CE BOND FRONT PAGE
This is thefront page of the performance/payment bond issued in compliance with Florida
Statute Chapter 255.05
Surety Name: Wtn ESm FIRE IIJSuwa owAw
436 WHIM SI=
MAMMA, PA. 19106
Bond Number. KO 75 14 03 7
Contractor Name: Florida Mghway Products, Inc.
3900 US Highway 17 North
Bartow, Fl. 33331
Owner Name: City of West Palm Beach
200 2nd Street
• West Palm Beach,Fl. 33402
Project Number: Various
Project Description: Annual Microsurfacing Contract
Project Address: Various Locations, within the City of West Palm Beach.
Legal Description of Property:
This is thefront page of the bond. All other pages are subsequent regardless of the
pre-printed numbers.
KO
PERFORMANCE BOND >BF1D NO. 75 14 03 7
(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, RMID4 IUGWAY PRMM, ITC.
3900 IS BIGIWAY 17 N" BARIOW FL. 33831 as Principal hereinafter called the Contractor,
and WESIU ES1IR FIRE EELRANM MVANY 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
tdAiR KNUM ' ULEAFIB 00/100 Dollars, (S 400 000 Co )
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 > day of 200=, 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 terms 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 may be liable hereunder, the amount set forth in the first
paragraph hereof.The term"balance of the Contract price"as used in this paragraph,
shall mean the total amount payable by the City to the Contractor under the Contract
and any amendments thereto, less the amount properly paid by the City to the
Contractor.
Performance 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 t j day of NAVEM 12006
•
PRINCIPAL:
Florida Highway Products, Inc.
--7 (Affix
Signature of Authorized Officer Sea])
ATTEST:
Title
Secret 39Co tS HMMY 17 NORTH
Business Address
&WDW, FL. 33331
City State
SURETY:
RSt➢MM C7•PANY
0 ora urety
(Affix
Art nney-i Fact Seal)
)� ATICY IN FACT
!G?Ei .alum CtRFFr
Business Address
RMAMPHIA, PA. 19105
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 1 `'« A )
COUNTY OF f".`- rc ss}:
On this� I" day of t 4* e. .'., before me personally came i • rs:-'a_:' 4'. /` ' t!j ' ? to
me known,who being by duly sword did depose and say that he/she resides at
,. ,rir r -a. f z. c ``ram. ?- ,S.y and that he/she is the L1er; G <- 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.
CNiOL J.BEAM"
1 NOTARY BLIC
�b
«.w MENT O PRINCIPAL IF A PARTNERSHIP
STATE OF
COUNT-YOF }ss.:
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.
• NOTARY PUBLIC
ACKNOWLEDGMENT OF PRINCIPAL IF AN INDIVIDUAL
STATE OF
COUNTYOF
On this day of before me personalty 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)
COUNTY OF Nassau }ss..
On NOVEMBER 13, 2006 before me personally came DIANA P.ALESCI
to me known who, being by me duly swom, did depose and say that he/she resides at 255 Executive Drive
Plainview, New York 11303, 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.
ROSANNE CALLAHAN
NOTARY PUBLIC STATE OF NEW YORK � r -�� '?�•.-
NO.01 C A602444 NOTARY PUBLIC
QUALIFIED IN SUFFOLK COUNTY
COMMISSION EXPIMFO MAY 19�7
Power of WESTCHESTER FIRE INSURANCE COMPANY 1173721
Attorney
277252
i Know all men by these Presents:That WESTCHESTER FIRE INSURANCE COMPANY,a corporation of the State of New York,having its
ipal office in the City of Atlanta,Georgia.purslant to the following Resolution,adopted by the Board of Directors of the said Company on November 8, 1999.to
wit
"RESOLVER Jm Ja following Ruka shall yava n Ja aamioa for dw Canlmry at bonds,uMwahina,raagriaaRa,mno-uu and o i a.vn in®tannin mwc Joml
(1) Thalbe PraidmL my Sma,Vws ,najd®I,any Vitt Praidmt"Anunii Via P idm4 or any Murray-w-FR my ca-w for and-bdulfof Jc Campay"and en hxa-& makings.sacogaira,cm,
nmada oral oJa unisiayr in ftanina JmaA der sane w be n,acd whmana by Jc Cnrpamcseaany,a my Aunum Coruna Savory.and ncc sal of Je Company nRaad Jano.md du Je
aidmt my smim Via ha amt.any Vice Paaidmi a m y Aan aii .Vice ymiamt nary ggoim and avbv'uc an,nM1a ofrma(maned a mpnamo dJr Camamy,m Amrmys Ia Fn t u caame m raw to
h
Jc aaulionofall such wfisinpon l (.r Je Compmy and 1.dk din ed attic Canpny dma.. -
(l) Any mcb v-Atin--and iomemdoc wiJ Jac Rub"I br a binding W.a Je Compmy in my cos an anger sigma by din Imidms and mwW in by the Corporal Savavy.
(3) The sigowerd Um Prauaaa or•Soria Via.hmidvr4aaVicc haamm'an"Iman Vicc W,,naa,rid a aunt ufaha Canpmy aurb afuadby faoimkan n,p>waofmornty ,rnana ninumt u dos
Renalulim,and Jc sirntarc of a awiyin;Omcm and Je set of the Conanar ury tc drixod by f nsllaile in any caufmaw army uph Pwa,and any,soh power a catifKac bracing such fusunilc syntax and..
"I be valid and binding as Y,c Camp-Y. -
(x) Such otba Offwar of lh,Connomy.and Anmsaysln-Fora shalt hrrc mlh.dry to away a verify c'opa of Jis Res ufiv%Jc Byt ofoic CnmpmY.mil my affidrvis mraad of on Company aammymsbc
i dischamac of Jdr due.
mmam atW.Riandmon dnd rim swdc my ofv nJwiry pmo-d by it.".of tbn Baind.l mnr .•
I:
Does hereby nominate,constitute and appoint DIANA P.ALESCI,tv1ARYLOU BROWN,ROSANNE CALLAHAN,ROBERT FiNNELL,
I;. PETER HENRY and RICHARD K.KAINZ all of the City of Plainview,State of New York.each individually if there be more than
one named,its true and lawful anomey-in-fact,to make,"more,seal and deliver on its behalf,and:as its act and deed any and all bonds,onderakings,.
recognaanca;Coniraea and other writings in the nature.thereof in penalties not exceeding Five Million Dollars($5,000,OOD)and the execution of such
I� writings In putsuancc of these presents shail be as binding upon sod Company,as idly and amply as if thcy 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.Hancy,Vicc-President,has hereunto subscribed his name and affixed the corporate seal of the
i said WESTCHESTER FIRE INSURANCE COMPANY thislSti day of September¢006
J�V
WESTCHESTER FIRE INSURANCE COMP.M7Y
Stephen.M.Haney„Vice Prmiprnt
COMMONWEALTH OF PENNSYLVANIA�
.COUNTY OF PHILADELPHIA ss.
• On this 15th day of September,A.D.2006 before'me,a Notary Public of the CamampowcaRb of Pcnusylvaoia in and for the County of Philadelphia
came Stephen M.Haney,Vice-Pnandem of the WESTCHESTER FIRE INSURANCE COMPANY to rail personally(mown to be the individual and
officer who executed the preceding instrument;and he acknowledged that he caeculed the same,and that the scat affixed to the preceding hnslromen!is the
_corporate scei.of smdCompany;that the said corporate:seal and his signature were duly affixed by the authority end direction of the said corporation,and 1
that Resolution,adopted by the Board of Directors of said Company,referred to in the preceding Instrument,is now in tome -
IN TESTIMONY WHEREOF t have hereunto set my hard and affixed my official seat at the City of Philadelphia the day,and year first above wrmen.
t npa aI
i. as . J/ '
�' dial 7 NOTARIAL SEAL ���
p p ., yt}e, Phlladdphia,PhllldelphsaCounty '—_—J _
O� - ,�. �? ems." Yyevmtllimmegplrel5rytes5er:2.20h7 � ' Notary Public
1 ` 1,the underngned Secretary of WESTCHESTER FIRE INSURANCE COMPANY,do herebycertify that the original POWER OF
ATTORNEY,of which the foregoing is a substantially we and correct copy,is in full forte and effect.
In witness whereof,1 have hereunto subscribed my name as Sarelary,and affixed the corporate scat of the Corporation,this_11 day of.d
\;``RCtoo. _ _ _ George D.Mulligan,Secretary
. THIS POWER OF ATTORNEY MAY NOT BE USED TO.EXECUTE ANY BOND WITH AN 1NCEPfION DATE AFTER.September 15,2008..
® roan anr•a err na.,..ma,.,,..ea,.r,are,rna,.,,.e��e.,a.....�...,..e� � ........... .._--T............._.._..-._...._____� ..._ ..___._._..
WESTC14ESTER 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,B97
INTEREST ACCRUED 17,757,019
OTHER ASSETS 233,090,132
TOTAL ASSETS 82,242,B30,509
LIABILITIES
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: 928,692 SHARES,$4.85 PAR VALUE 4,503.671
CAPITAL: PAID IN 160,938,389
SURPLUS(UNASSIGNED) 161,278.306
SURPLUS TO POLICYHOLDERS 540=366
TOTAL $2,242,630,509
(*EXCLUDES PREMIUM MORE THAN 90 DAYS DUE.)
STATE OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
John P.Taykx being duly 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 correct statement of the said Company's financial condition as of the
31 stday of December,2005.
Swum before me this 13th day of Apn1,2006. _
Vice
My coo mmiss ona Inesryp
COMAg'wMTH OF PENNSYLVANIA
N*WwjSeY
. Dsrwasa AL Dwdmn,Nowy P,bk
City Or Phbd90hf,RdadWp,4 Cuusy
My Cosrnsa on Epw 0C.21,,M
Msmtwr,Veamylvania Acnodahbn W Npfaries