HomeMy WebLinkAboutGregori Construction & Eng., Inc. (SSA Job 04-0045) March 2005 s
. Drainage Improvements Sediment Control Devices
City of Cape Canaveral, Florida
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) CONTRACT
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THIS CONTRACT, made and entered into this 2" day of March, 2005, A.D., by and between the City of Cape
Canaveral, party of the first part (hereinafter sometimes called the "Owner"), and Gregori Construction and
Engineering, Inc., party of the second part (hereinafter sometimes called the "Contractor ").
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1 W ITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows:
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j 1.01 SCOPE OF THE WORK
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I The contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation
and perform all of the work shown on the Drawings and described in the Specifications entitled,
Specifications for Drainage Improvements Sediment Control Devices, City of Cape Canaveral, SSA Job
No 04 -0045, January 2005.
as prepared by Stottler Stagg & Associates, Architects, Engineers, Planners, Inc., and described in the
Contract Documents and shall do everything required by this Contract and the other Contract Documents.
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1.02 THE CONTRACT SUM
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A. The Owner shall pay to the Contractor for the faithful performance of the Contract, in lawful money of
the United States, and subject to additions and deductions as provided in the Contract Documents, as
follows in 1.02B.
B. Based upon the lump sum price shown in the Proposal for Drainage Improvements Sediment Control
Devices heretofore submitted to the Owner by the Contractor, a copy of said Proposal being a part of
these Contract Documents, the aggregate amount of this Contract is the sum of three hundred seven
' thousand five hundred ninety seven dollars and fifty cents ($307,597.50).
1.03 COMMENCEMENT AND COMPLETION OF WORK
A. The Contractor shall commence work within 10 calendar days after the start of the Contract Time
identified on the Notice to Proceed.
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B. The Contractor shall prosecute the work with faithfulness and diligence and shall complete the work
no later than 75 calendar days after receipt of the Notice to Proceed.
1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
`yx A. The Contractor hereby represents that he has carefully examined the surface of the site and made
sufficient inquiry and reasonable subsurface and other investigations to become fully satisfied that
such site is a correct and suitable one for this work and the Bidder assumes full responsibility
therefore. The provisions of the Executed Contract Document shall control any inconsistent
provisions contained in the Technical Specifications. All Drawings and Technical Specifications have
been read and carefully considered by the Contractor, who understands the same and agrees to their
sufficiency for the work to be done. It is expressly agreed that under no circumstances, conditions or
situations shall this Contract be more strongly construed against the Owner than against the
Contractor and his Surety, or the Engineer.
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B. Any ambiguity or uncertainty in the Drawings or Technical Specifications shall be interpreted and
construed by the Owner's Engineer and his decision shall be final and binding upon all parties.
C. It is distinctly understood and agreed that the passing, approval and /or acceptance of any part of the
work or material by the Owner, his Engineer, or by any agent or representative as being in compliance
1 with the terms of this Contract or with the Drawings, and Technical Specifications covering said work,
shall not operate as a waiver by the Owner of strict compliance with the terms of this contract, or the
Drawings and Technical Specifications covering said work; and that the Owner may require the
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CONTRACT 00500 - 1
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. Drainage Improvements Sediment Control Devices
City of Cape Canaveral, Florida
1 Contractor and his Surety to strictly comply with this Contract and the Drawings and Technical
Specifications; and that the Owner may require the Contractor and the Surety to repair, replace,
r restore any and all of said work and materials which within a period of one year from and after the
date of the acceptance of the work are found to be defective or to fail in any way to comply with this
1 Contract or with the Drawings and Technical Specifications. This provision shall not apply to
' materials or equipment which have been subjected to normal wear and tear. The Contractor shall not
be required to do normal maintenance work under the guarantee provisions. Failure on the part of the
Contractor or his Surety, immediately after Notice to either, to repair or replace any such defective
) materials and workmanship shall entitle the Owner, if the Owner sees fit, to replace or repair the
same and recover the reasonable cost of such replacement or repair from the Contractor and his
s surety, who shall in any event be jointly and severally liable to the Owner for all damage, loss and
expense caused to the Owner by reason of the Contractor's breach of this Contract or his failure to
comply strictly and in all things with this Contract and with the Drawings and Technical Specifications.
1.05 LIQUIDATED DAMAGES
A A. It is mutually agreed that time is of the essence in performance of this Contract and should the
1 Contractor fail to complete the work within the specified time, which would include any appropriately
= authorized extensions thereof, there shall be deducted from the compensation otherwise to be paid to
the Contractor, and the Owner will retain the amount of Four Hundred Dollars ($400) per calendar day
as fixed, agreed, and liquidated damages for each calendar day elapsing beyond the specified time
4 for completion or any authorized extension thereof, which sum shall represent the actual damages
which the Owner will have sustained by failure of the Contractor to complete the work within the
specified time; it being further agreed that said sum is not a penalty, but is the stipulated amount of
damages sustained by the Owner in the event of such default by the Contractor.
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1.06 PARTIAL AND FINAL PAYMENTS
= In accordance with the provisions fully set forth in the General Conditions, and subject to additions and
deductions as provided, the Owner shall pay the Contractor as follows:
1 A. Within twenty (20) days after receipt of the Contractor's request for partial payment by the Owner, the
Owner shall make partial payments to the Contractor, on the basis of the estimate of work as
approved by the Owner's Engineer, pursuant to provisions of Section 219.70, Florida Statutes, Florida
Prompt Payment Act, less ten percent (10 %) of the amount of such estimate which is to be retained
by the Owner until all work has been performed strictly in accordance with this Contract and until such
work has been accepted by the Owner.
1 B. Owner may require submission by the Contractor of evidence satisfactory to the Owner that all
payrolls, material bills and other costs incurred by the Contractor in connection with the construction
of the work have been paid in full, and also, after all guarantees that may be required in the Technical
Specifications have been furnished and are found acceptable by the Owner, final payment on account
of this Contract shall be made within sixty (60) days after completion by the Contractor of all work
covered by this Contract and acceptance of such work by the Owner.
C. Upon receipt of written notice from the Contractor that the work is ready for final inspection and
acceptance, the Owner shall, within ten (10) days, make an inspection thereof. If the Owner finds the
work acceptable under the Contract and the Contract is fully performed, the Public Works Director, or
designee, shall present the final request for payment to the City of Cape Canaveral for approval,
stating that the work required by the Contract has been completed and is acceptable under the terms
3 and conditions thereof.
D. Before the final request for payment is submitted to the City of Cape Canaveral, the Contractor shall
deliver to the Public Works Director, or designee, a complete release of all liens arising out of this
Contract, or receipts in full in lieu thereof, and an Affidavit certifying that all suppliers and
subcontractors have been paid in full and that all other indebtedness connected with the work has
been paid, and a consent of the surety to final payment.
= CONTRACT 00500 - 2
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Drainage Improvements Sediment Control Devices
City of Cape Canaveral, Florida
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E. The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner,
1 other than those arising from faulty or defective work, failure of the work to comply with requirements
of the Contract Documents or terms of any special warranties required by the Contract Documents. It
r shall also constitute a waiver of all claims by the Contractor, except those previously made in writing
and identified by the Contractor as unsettled at the time of the final application for payment.
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I 1.07 ADDITIONAL BOND
It is further mutually agreed between the parties hereto that if, at any time after the execution of this Contract
and the Performance and Payment Bonds hereto attached for its faithful performance, the Owner shall deem
the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such bond(s) ceases to be
adequate to cover the performance of the Work, the Contractor shall, at his expense, and within three days
after the receipt of Notice from the Owner to do so, furnish an additional bond or bonds, in such form and
amount, and with such sureties as shall be satisfactory to the Owner. In such event, no further payment to the
Contractor shall be deemed due under this Contract until such new or additional security for the faithful
41 performance of the work shall be furnished in manner and form satisfactory to the Owner.
1.08 CONTRACT DOCUMENTS
A. The Contract Documents, as stated in the Instructions to Bidders and attached hereto, are as fully a
= part of this Contract as if herein repeated.
B. Where there is a conflict between an Owner requirement set forth in the Contract Documents, and a
3 more stringent state or Federal requirement which is set forth in the General Conditions section, the
more stringent state or Federal requirement shall prevail.
IN WITNESS WHEREOF the parties hereto have executed this Contract on the day and date first above
1 written in five (5) counterparts, each of which shall, without proof or accounting for the other counterparts, be
deemed an original Contract.*
Attest: City of Capg.G,2 9
, Clerk A 0 f
M . . * COMMISSION NUMBER
V.4 Q DD121596
Seal -F Q` MY COMMISSION EXPIRES Titl City Manager
a OF g. JUNE 5 2006
Signed /. ealed and W i essed • the presence of: ** Party ., h Se and Pa 1
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4 - By
Y �
Title: \ V te.. P = , e.t.a
( Seal)
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(Seal)
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( *) In the event that the Contractor is a Corporation, there shall be attached to the Contract a certified copy of a resolution
of the Board of Directors of the Corporation, authorizing the officer who signs the Contract to do so in its behalf.
( * *) Two witnesses are required when Contractor is sole ownership or partnership.
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CONTRACT 00500 - 3
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Drainage Improvements Sediment Control Devices
City of Cape Canaveral, Florida
CERTIFICATE
STATE OF FLORIDA )
ss = '
COUNTY OF BREVARD ri Construction
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1 HEREBY CERTIFY that a meeting of the Board of Directors of
a corporation under the laws of the State of PA , held on 3/9/
20 of , the following resolution was duly passed and adopted:
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"RESOLVED, that D¢DMl k. ( fZ.eGo-4 , as Rresidont -of the corporation, be and
he is hereby authorized to execute the Contract dated 31 , 20 o' , between the CITY OF
CAPE CANAVERAL, and this corporation, and that his execution thereof, attested by the
Secretary of the corporation and with corporate seal affixed, shall be the official act and deed of
this corporation."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this
F3 4 = day of M1ti&.c.% , 200C .
Secretary
/Okla\ ALA ( j1
bs. G. .t
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CONTRACT 00500 - 4
r Drainage Improvements Sediment Control Devices
City of Cape Canaveral, Florida SSA Job No, 04 -0045
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SECTION 00610
`? PUBLIC CONSTRUCTION PERFORMANCE BOND
BY THIS BOND, We GREGORI CONSTRUCTION AND ENGINEERING, INC.
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I as Principal and FIDELITY AND DEPOSIT COMPANY OF MARYLAND
, a
corrppora tion as Buret are bound to the City of Cape Canaveral, herein called Owner, In the sum of
b TH H SEVEN THOUSAND FIVE HUNDRED
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NINETY SEVEN AND 50 /100THS ($307,597.50 ), forpaymentof
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I which we bind ourselves, our heirs, personal representatives, successors, and assigns, Jointly and severally.
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THE CONDITIONS OF THIS BOND are that if Principal: I
1. Performs promptly, completely and faithfully the contract. dated 3/2/05 between
Principal and Owner for construction of baffle boxes at Central Boulevard, Center Street and
Holman Avenue, the contract being attached hereto and made a part of this bond by
reference, in such time and without delay, and In the manner prescribed in the contract
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I i Including the delivery; execution and performance of a ny warranty work required by the
I contract; and
I 2. Pays Owner 9 appellate losses, damages, expenses, costs, and attomey's fees, inciudin
I proceedings, that Owner sustains because of a default by Principal under the contract; and
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I 3. Performs the guarantee of all work and materials furnished under the contract for the time
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specified in the contract, then this bond is void; otherwise it remains in full forme.
) i Any modifications in or under the contract documents and compliance or noncompliance with any
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~ , formalities connected with the contract or the modifications does not affect Surety's obligation under this
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) ' bond.
Signed and sealed this 8TH day of MARCH , 20 05 ,
I I GREGORI CONSTRUCTION AND ENGINEERING, INC.
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W itness:
/ / .�. (P � i Pal) (Beef)
` / ��! _ Its. (1... r
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(Title)
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Witness: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
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(Surety) (Seal)
i , Its: ■tik. J..."`
IFER STE L (Title) RACHEL M. CRONEN
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• ATTORNEY —IN —FACT
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PUBLIC CONSTRUCTION PERFORMANCE BOND nnF1n - 1
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1 Drainage Improvements Sediment Control Devices
1 City of Cape. Canaveral, Florida SSA Job No. 04 -0045
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I CERTIFICATE AS TO CORPORATE PRJNCIPAL
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1, theadeJo. G.. 44.a ea ► , certify that I am the Secretary of the Corporation named as
Principal in the withi pond; that a..►pri>ew M Cit,ZGect4 who signed the said bond on behalf of the
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Principal, was then V tee Pitz5%betx of said Corporation; that f know the Principal, and the
Principal's signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in
1 behalf of said Corporation by authority of its governing body.
(Seal)
`' Secretary -
STATE OF REMISAV9 Pennsylvania
1 BS 1
W COUNTY OF ) Allegheny
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Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
Rachel M. Cro to me weil known, who being by me first duly sworn upon oath, says
I that this individual is the Attorney -in -Fact, for the Fidelity & Depos,t Company of Maryland
that said individual has been authorized by Surety to execute the foregoing bond
on behalf of the Contractor named therein in favor of the City of Cape Canaveral
II
Subscribed and swom to before me this 8 th day March , 2005 AD.
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1 (Attach Power of Attorney)
1 N Public
StatexafxltiiRda
My Commission Expires:
• My Commission Number is:
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a..; N WEALTH OF PENNS VANIA
) Notarial Seal .
Diane L. Hensel, Notary Public
-izimpton Twp., Alleghenyy
' END OF SECTION 00610 , Commission Expires Oct 13, 2605
1 P ;nnsytvania Association of Notaries
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PUBLIC CONSTRUCTION PERFORMANCE BO 00610 - 2
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary, in
pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, wh' set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof d sV �, �snate, constitute and
appoint Edward D. RAWLINGS, Ronald R. LENZI and Rachel M. , � ilisgn ' , , Pennsylvania,
EACH its true and lawful agent and Attorney -in -Fact, to mak •o , a , . ' behalf as surety, and ti e
as its act and deed: any and all bonds and under • os, • f; `r• egecu � . or undertakings in pursuance of
these presents, shall be as binding upon s e • full d a Wl - - tents and purposes, as if they had been
duly executed and acknowled ekl4 � i ly elect -c t L, fie' ompany at its office in Baltimore, Md., in their
own proper persons f �tt6r �•► ,I F, lI. �' red on behalf of Edward D. RAWLINGS, Ronald R. LENZI,
Rachel M. CRONEI� s-2� _ p � _ 15
The said Assistant S 'e"'eie�by certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2. of the By -I s`crf"said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 22nd day of June,
A.D. 2004.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
, OtPp
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O P
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N.
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By
T. E. Smith Assistant Secretary M. P. Hammond Vice President
State of Maryland
ss:
City of Baltimore
On this 22nd day of June, A.D. 2004. before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same. and being
by me duly sworn. severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid.
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
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ANRyptiafr
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Dennis R. Hayden Notary Public
My Commission Expires: February 1, 2005
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POA -F 160 -3050
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice- Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized
by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May. 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 8TH day of MARCH , 2005 .
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Assistant Seeretanv
i • Drainage Improvements Sediment Control Devices
City of Cape Canaveral, Florida SSA Job No. 04 -0045
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SECTION 00620
1 1 PUBLIC CONSTRUCTION PAYMENT BOND
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t BY THIS BOND, We GREGORI CONSTRUCTION AND ENGINEERING, INC . , as
s
Principal and FIDELITY AND DEPOSIT COMPANY OF MARYLAN •, a corporation as
i 1 Surety, are bound to the City of Cape Canaveral, herein called Owner, in the sum of
1 I THREE HUNDRED SEVEN THOUSAND FIVE HUNDRED
1 NINETY SEVEN AND 50/100THS ($ 307,597.50 ), for payment of
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x which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.
A
THE CONDITIONS OF THIS BOND are that if Principal:
1 1. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
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supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal ln
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the prosecution of the work provided for in the contract dated 3/2/05
between Principal and Owner for construction of the baffle boxes at Central Boulevard, Center
1 Street and Holman Avenue, the contract being attached hereto and made a part of this bond
•
by reference, In such time and without delay, and in the manner prescribed in the contract;
and
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1 2. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate
1 proceedings, that Owner sustains because of a default by Principal under the contract, then
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this bond is void; otherwise it remains in full force.
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Any modifications in or under the contract documents and compliance or noncompliance with any
m
t formalities connected with the contract or the modifications does not affect Surety's obligation under this
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1 bond. .
Signed and seated this 8TH day of MARCH , 20 05
1 Witness: GREGORI CONSTRUCTION AND ENGINEERING, INC.
(Principal) (Seal) \-1*-- — .
_ i _ � ��" <_ Its: �►I _
1111V - itle) ,Ge ' - .1-,:i,
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Witness:
FIDELITY AND DEPOSIT •MPANY O F
} (Surety) , .(Saa4 n
i ' dilk -
w �1 • Its
J i IFER STE Nip (Title) RACHEL . C NEN
ATTORNEY-IN--FACT
PUBLIC CONSTRUCTION PAYMENT BOND 00620 - 1
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] Drainage Improvements Sediment Control Devices . • ,..
] City of Cape Canav emlF%Nda • SSA JobNo. 04-0045
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) PUBLI CONSTRUCTION PAYMENT BOND 0060 -2
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, Drainage Improvements Sediment Control Devices
City of Cape Canaveral, Florida SSA Job No, 04 -0045
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CERTIFICATE AS TO CORPORATE PRINCIPAL
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1, beaeaA.% 6- (radt,t ,, certif that I am the Secretary of the Corporation named as
i Principal in the within, bond; that N.. _C who signed the said bond on behalf of the
Principal, was then '�dv tS"°'ctsr" of said Corporation; that I know the Principal, and the
Principal's signature hereto Is genuine; and that said bond was duly signed, sealed, and attested for and in
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I behalf of sald Corporation by authority of its goveming body.
�, .o. , : • _I � -i (Seal)
1 I Secretary
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STATE OF I P IMX) Pennsylvania ,
ss
; COUNTY OF ) Allegheny ■ .
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i Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
• Rachel M. Cronen to me well known, who being by me first duly sworn upon oath, says
that this individual is the Aitomey -in -Fact, fortheFidel ity & Deposit Company n f , Mary1 a nal and
that said individual has been authorized by. Stirery to execute the foregoing bond
I on behalf of the Contractor named therein in favor of the City of Cape Canaveral.
Subscribed and swom to before me this 8 th day o March 2005 AD.
1
(Attach Power of Attorney) l tit .' - 4 • ` L.. '
■
Note w .r• ublic
grate F# iti to x
My Commission Expires:
My Commission Number is:
t I COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Diane L. Hensel, Notary Public
END OF SECTION 00620 Hampton Twp., Allegheny County
biy Commission Expires OcL 13, 2005
I Member, Pennsylvania Association of Notaries
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PUBLIC CONSTRUCTION PAYMENT BOND 00620 - 3
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Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary, in
pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, whic set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof dogs Agnate, constitute and
appoint Edward D. RAWLINGS, Ronald R. LENZI and Rachel M. C R ,�a � iliso ' + , Pennsylvania,
EACH its true and lawful agent and Attorney -in -Fact, to mak e • . •el,ty ` rt, i • behalf as surety, and
as its act and deed: any and all bonds and under, ;. . t ecu � r undertakings in pursuance of
these presents, shall be as binding upon ' €til� d b i rtents and purposes, as if they had been
duly executed and acknowleda• e fd ele eJ ft ' om an at its office in Baltimore, Md., in their
'
own proper persons er r ,I�, A .'. yea on behalf of Edward D. RAWLINGS, Ronald R. LENZI,
Rachel M. CRONE ep � `� 1 613 '/
The said Assistant that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -Lt v✓sbfi'said Company, and is now in force.
IN WITNESS WHEREOF. the said Vice - President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 22nd day of June,
A.D. 2004.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
0 ,:5 Df P p s,
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‘ 11:4"411 :0
••••••
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By:
T. E. Smith Assistant Secretary M. P. Hammond Vice President
• State of Maryland ss:
City of Baltimore
On this 22nd day of June, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came M. P. HAMMOND, Vice President, and T. E. SMITH. Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
• IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
44101.
le3NRypoek‘' .9—/t7{7;—*
Dennis R. Hayden Notary Public
My Commission Expires: February 1, 2005
POA -F 160 -3050
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice- Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice- Presidents, Assistant Vice- Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized
by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 8TH day of MARCH 2005 ,
( 1 �'. fi t
Assistant Secretuw
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ZURICH
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THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND
Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American
Insurance Company, and American Guarantee and Liability Insurance Company are making the following ,
informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your
{ part.
Disclosure of Terrorism Premium
The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is
$_waived . This amount is reflected in the total premium for this bond.
Disclosure of Availability of Coverage for Terrorism Losses
As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting
{ from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those
for losses arising from events other than acts of terrorism.
Disclosure of Federal Share of Insurance Company's Terrorism Losses
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share
in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid
losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned
premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned
premium in the prior year; and for 2005, 15% of direct earned premium in the prior year The federal share of an
insurance company's losses above its deductible is 90 %. In the event the United States government participates in
losses, the United States government may direct insurance companies to collect a terrorism surcharge from
policyholders. The Act does not currently provide for insurance industry or United States government participation in
terrorism losses that exceed $100 billion in any one calendar year.
Definition of Act of Terrorism
The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury,
in concurrence with the Secretary of State and the Attorney General of the United States:
1. to be an act of terrorism;
2. to be a violent act or an act that is dangerous to human life, property or infrastructure;
3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier
(as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based
principally in the United States, on which United States income tax is paid and whose insurance coverage is
subject to regulation in the United States), or the premises of a United States mission; and
4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign
interest as part of an effort to coerce the civilian population of the United States or to influence the policy or
affect the conduct of the United States Government by coercion.
But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war
declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the
act, in the aggregate, do not exceed $5,000,000.
These disclosures are informational only and do not modify your bond or affect your rights under the bond.
Copyright Zurich American Insurance Company 2003
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FIDELITY AND DEPOSIT COMPANY
True of MARYLAND
D 3910 lamina( ROAD, BAL7fMORE, MD 21203 1
Companies Statement of Financial Condition
As Of December 31, 2003
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Bonds
ASSETS
Stocks $ 125,371,211
Mortgage Loans 35,569,210
Cash in Banks and Offices and Short Term Investments 2,518,921
Other Accounts Receivable 1,188,921
1,455,823
TOTAL ADMITTED ED ASSETS..., $ 166, 099,451
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LIABILITIES, SURPLUS AND OTHER FUNDS
Reaerve for Taxes and Expenses ..,
I TOTAL LIABILITIES 5 154,962
Capital Stock, Paid Up a 154,962
$ 5,000,000
Surplus
160,944,489
Surplus as regards policyholders � — 165,944,489
TOTAL $ 166,099,451 '
Securities carried at 815,107,004 in the above statement are deposited a9
eposi required bylaw.
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i Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of
December 31, 2003 market quotations for all bonds and stocks owned, the Con
$166,895,955 and surplus as regards policyholders, 5166,740,637. Sys total assets would be
a
I, DAVID A. BOWERS, Corporate Secretary of the FIDMITY AND DSposrr CoMI'ANY of .MAR
3 certify that the foregoing statement is a corract exhibit of the assets and liabilities of the said Company o n do hereby
on 31st
1 day of December, 2003.
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C orporate Secreta
1 State of lilinios }
1 City of Schaumburg SS:
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Subscribed and sworn to, before me, a Notary Public ofihe Stars of Illinois, in tho City of Schaumburg, this 27th day of February , 2004.
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Notoy Potpie
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OFFICIAL SEAL
NANCY W. SJEDER
NCT rAiiY PUBLIC - STATE OF ILLINOIS
COMMISSICOIEVNIES7-142005
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Client #: 575 GREGCON2 !
ACO CERTIFICATE OF LIABILITY INSURANCE 3 DATE (M
/8 /05 M/DDmm)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Sky Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
100 Oxford Blvd HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PO Box 510
Allison Park, PA 15101 INSURERS AFFORDING COVERAGE NAIC #
1 INSURED INSURER A: Bituminous Casualty CO 20095
Gregori Construction and Engineering Inc
INSURER B: American Guarantee Liability Insuran 26247
736 Ekastown Road
Sarver, PA 16055 INSURER C:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR INSRC DATE (MM/DD/YY) DATE (MM/DD/YY)
A X GENERAL UABILITY CLP3181381B 01/15/05 01/15/06 EACH OCCURRENCE $1,000,000
DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY XCU, Broad Form PREMISES (Ea occurrence) $1 00,000
CLAIMS MADE n OCCUR & Contractual MED EXP (Any one person) 65,
X PD Ded:1,000 PERSONAL & ADV INJURY $1,000,000
GENERAL AGGREGATE $2
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000
7 POLICY IXI 1,748-i- n LOC
1 A AUTOMOBILE UABIUTY CAP3181383B 01/15/05 01/15/06 COMBINED SINGLE LIMIT $1,000,000
X ANY AUTO (Ea accident)
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
X HIRED AUTOS BODILY INJURY
X NON -OWNED AUTOS (Per accident) $
PROPERTY DAMAGE $
(Per accident)
GARAGE UABIUTY AUTO ONLY - EA ACCIDENT $
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ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
B EXCESS /UMBRELLA LIABILITY AUC937848701 01/15/05 01/15/06 EACH OCCURRENCE $3,000,000
OCCUR n CLAIMS MADE AGGREGATE $3,000,000
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$
DEDUCTIBLE $
i X RETENTION $ 0 $
A WORKERS COMPENSATION AND WC3181384 01/15/05 01/15/06 X I T ORY IMITS I I
EMPLOYERS' UABIUTY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $SOO,000
OFFICER/MEMBER EXCLUDED? No E.L. DISEASE - EA EMPLOYEE $500,000
If yes, describe under
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $500,000
OTHER
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DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Construction of Baffle Boxes, Central Blvd., Center Street and Holman
Avenue. It is understood and agreed that: The City of Cape Canaveral
and Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. are
included as Additional Insured on General Liability policy as their
respective interests may appear.
CERTIFICATE HOLDER CANCELLATION
I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
1 City of Cape Canaveral DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 311 DAYS WRITTEN
105 Polk Avenue NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
) P.O. Box 326 IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
( Cape Canaveral, FL 32920 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
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ACORD 25 (2001/08) 1 of 2 #S126898/M124831 RMC 0 ACORD CORPORATION 1988
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IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
j on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
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The Certificate of Insurance on the reverse side of this form does not constitute a contract between
1 the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
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ACORD 25 - (2001/08) 2 of 2 #S126898/M124831