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HomeMy WebLinkAbout2008-339(o -LI � o8 SECTION 00530 - EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT ("Agreement" or "Contract"), dated the /1 `day of L,2L 1 in the year 2008 by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and Timothy Rose Contracting, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 WORK CONTRACTOR as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material, and equipment to perform the work as specified or indicated in the Contract Documents. The work is generally described as follows: Upgrades and modifications to IRCDUS Lift Station No.2058, including: concrete flatwork, fence, landscaping, replacement of wet well, piping and hardware; replacement of valve vault; piping and hardware, conversion of existing wet well to a manhole; removal of existing valve vault, piping, and fittings; construction of a sanitary sewer manhole and 8" and 12" gravity sewer; re-routing electric conduit and service; remove and re-use/install existing ABS 25 HP pumps in new wet well; construct connections, extensions and alterations to the adjacent sanitary sewer force main; and maintain uninterrupted sewer service during the work. ARTICLE 2 ENGINEER The project has been designed by Schulke, Bittle & Stoddard, LLC, hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIME 3.1 The CONTRACTOR shall be substantially completed with the following timeframe (a) Within 15 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be utilized in the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Submit and secure approval of shop drawings. 6. Mobilize all labor, equipment, and materials. 00530-1 7. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating construction. (b) From 16 calendar days to 60 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Install all pipe and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their pre -construction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion. (b) From 60 calendar days to 90 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. ARTICLE 4 CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $159.056.00. ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in 00530-2 accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.2 Pay Requests. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR's certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.3 Paragraphs 5.1 and 5.2 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5A ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment. 5.5 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be 00530-3 specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. ARTICLE 6 INTEREST Not Applicable. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SC 4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. [1A191cIi31 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports avid studies with the terms and conditions of the Contract Documents, 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 8 CONTRACT DOCUMENTS, The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following: 8.1 This Agreement (Section 00530). 8.2 Performance and Payment Bonds (Sections 00610 and 00612). 8.3 Notice of Award and Notice to Proceed (examples in Section 00800). 8.4 General Conditions (Section 00700). 8.5 Supplementary Conditions (Section 00800). 8.6 Specifications bearing the title "Upgrades and Modifi on 37"' Street" as listed in the table of contents hereof. 8.7 Drawings, inclusive with each sheet bearing the following general title "Upgrades for IRCDUS Lift Station Number 2058 UCP- 2784." 8.8 Addenda numbers 1 to 3 , inclusive. 8.9 CONTRACTOR'S Bid (Section 00300). 8.10 Specifications bearing the title "IRC 2007". or the latest version thereof, 8.11 The following, which may be delivered or and are not attached hereto: All written modifying, or supplementing the Contract General Conditions. issued after the effective date of the Agreement amendments and other documents amending, Documents pursuant to Paragraphs 3.04 of the There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of the General Conditions. ARTICLE 9 MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 00530-5 9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in or tc the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents, 9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 9.5 This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.6 CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its agents, engineers, employees, elected officers and representatives, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the work under this Agreement. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. The indemnification is limited to $5 million per occurrence. 9.7 Pled-ge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. 9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 9.9. Public Records. The OWNER and the CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. (Remainder of this page intentionally left blank) 00530-6 1 IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement the day and year first written above. This Agreement will be effective on OWNER Wes�cy ..ce-Chairman Attest: J. K Barton, dletk of the Circuit Court By: Deputy Clerk By: ;�ij I Baird, County Adm nistrator as to Form and Legal Sufficiency: Attorney Address for giving notices CONTRACTOR A (1 /1 A A (CORPORATE SEAL) Address for giving notices Vero Beach Florida 32960 License No. CGC052940 *END OF SECTION* 00530-7 1957304 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2302 PG: 1229, Paget of 8 11 /06/2008 at 11:02 AK JEFFREY K BARTON, CLERK OF COURT THIS IS THE FRONT PAGE OF THIS PERFORMANCE AND PAYMENT BOND ISSUED IN COMPLIANCE WITH CHAPTER s255.05 FLORIDA STATUTES, BOND NO. CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTOR PHONE NO. SURETY COMPANY: OWNER NAME: OWNER ADDRESS: OWNER PHONE NO, OBLIGEE NAME:(If contracting entity _ is different from the owner, the contracting ouhlic 534736P Timothv 101 1360 Old Dixie H Vero Beach, FL 3 772-564-7800 Developers Suret 150 South Pine I Lfti2 (77$-567-8000 entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO, BOND AMOUNT: CONTRACT NO. (If Applicable) DESCRIPTION OF WORK: PROJECT LOCATION: LEGAL DESCRIPTION: up rase ana Modifications to Pump Station ero FRONT PAGE (41 IN S—► (ALL OTHER BOND PAGES ARE DEEMED SUBSEQUENT TO THIS PAGE REGARDLESS OF ANY PAGE NUMBERS THAT MAY BE PRE-PRINTED THEREON) Bond: 534736P SECTION 00610 PERFORMANCE BOND THIS IS AN INSTRUCTION, NOT PART OF THE BOND. The bond must state on its front page: the name, principal business address, and phone number of the contractor, the surety, the owner of the property being improved, and, if different from the owner, the contracting public entity; the contract number assigned by the contracting public entity; and a description of the project sufficient to identify it, such as a legal description or the street address of the property being improved, and a general description of the improvement, and the bond number, KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we Timothy Rose Contracting, Inc. as Principal, arm+ Developers Surety and Indemnity 7ompany a corporation, as Ur ar veld d firms and unto the Coun of Indian River, Florida, in the sum ofOne Hundred 3. ine ?aur ty ----- Y nn a,- ars $1 5 9 10 5 6 . b jimounting to 100% of the total bid price. For the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated thea s}day of Qct nsne v , 20 08, entered into between the Principal and the County of Indian River, for: Project Name; Uuarraadm_ County Project Bid Number: County UCP Number: Project Address, Project Description. 2764 Utili y easement at 1600 37" Street CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows which shall include, but is not necessarily limited to the following: Upgrades and modifications to IRCDUS Lift Station No.2058, including; concrete fiatwork, fence, landscaping, replacement of wet well, piping and hardware; replacement of valve vauB; piping and hardware, conversion of existing wet well to a manhole; removal of existing valve vault, piping, and fittings; construction of a sanitary sewer manhole and 8" and 12" gravity sewer; re-routing electric conduit and service; remove and re-usernstall existing ABS 25 HP pumps in new wet well; construct connections, extensions and alterations to the adjacent sanitary sewer force main; and maintain uninterrupted sewer service during the work. A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDITIONS OF THiS OBLIGATION ARE SUCH, that if the Principal shall in all respects comply with the terms and conditions of said Contract and its obligations thereunder, including all of the Contract Documents therein referred to and made a part thereof, and such alterations as may be made in the Contract Drawings and Specifications as therein provided for, and shall indemnify and save harmless the County of Indian River against and from all expenses, costs, and attorney's fees, including appellate proceedings, as set forth in the Contract, that Owner sustains because of a damages, injury or conduct, want of care of skill, negligence or default, including patent infringement on the part of the Principal, his agents or employees, in the execution or performance of said Contract, and further, if the Principal shall promptly make payments to all who supply him with labor and/or materials used directly or indirectly by the Principal 00610- 1 in the prosecution of the Work provided for in said Contract, then this obligation shall be null and void; otherwise, the Principal and Surety, jointly and severally, agree to pay Indian River County any difference between the sum that Indian River County may be obliged to pay for the completion of said Work, by contract or otherwise, and any damages, whether direct, indirect, or consequential, including reasonable attorney's fees (including appellate proceedings), which the County of Indian River may incur as a result of the failure of the Principal to properly execute all of the provisions of the Contract. AND, the said Principal and Surety hereby further bind themselves, their successors, executors, administrators and assigns, jointly and severally, that they will amply and fully protect the County of Indian River against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the sold work, repair or maintenance thereof, or the manner of doing the same, or. his agents or his servants, or the infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise. AND, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications or Drawings accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications or Drawings. AND, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. Principal and Surety expressly acknowledge that any and all provisions relating to liquidated damages contained in the Contract Documents are expressly covered by and made a part of this Bond. Principal and Surety acknowledge that any such provision lie within their obligations and within the coverages and limitations of this Bond. Florida Statutes Section 255.05 (2007), as amended from time to time, together with all notice and time provisions contained in subsection (2) of Florida Statutes Section 255.05 (2007)9 is incorporated herein in its entirety by this reference. IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, this 27 day of October , 20 08 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. ■■r����rr����rrrr�.•rr���r�rrrr�rrsr�r����r�r��r��rr�rr�r���r��r���rr���r���rraasp ra Attest Secretary � Pre S . Printed Name and Official Title Timothy Rose Contracting, Inc. Name of BY: 006!0- (Affix Corporate CERTIFICATE AS TO COR RATE NCIPAL I%j I I I � �� - , ceprIlItYthat I am the Secretary of the corporation named as Principal in the withinj2o nd; that'oct�, 4 tso5e who signed the said bond on behalf of the Principal was then vre of said corporation: that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed andaattested:lor and on behalf of Said corporation by authority of Its governing body.s t t 10 Or 2.f'�rS. � 4 /F '10 Ste Secretary ;� x } . �z (S�ALP : _ t ; ! ,' ' ale TO BE XECUTED BY CORPORA : SURET r; f. Developers Surety and Indemnity Company r 77itness Corporate Surety 1150 South Isl n Road Ste 510, Pln Business Address FL BY: " w A ,�. (Affix Corporate SEAL) Robert arra Bob Barra Bonds, Inc. Attorney-In-FactRobert E Name of local Agency 9373 West Sample Road, Ste 206, Coral Springs, Business Address STATE OF Florida COUNTY OF Broward tee 141 w •` r+�,�,1 � � - E,w: , .rte •Y}.•IA I • 4� y i • J •4 '` arra 4.r FL 33065 Before me, a Notary Public, duly commissioned, qualified and actingT-personalty appeared Robert Barra , to me well known, who being by me first duly sworn upon oath, says that he is the attorney-in-fact for the Developers Surety A tached Power 4e� nc7 that he has been authorized by to execute a oregoig on on ehalf of the CONTRACTOR named therein Pn TavoroFthe County of Indian River, Florida. Subscribed and sworn to before me this 27 day of Ocober s20 OS My Commission Expires; ry Public, Sta sill, 0 to �:. *END OF SECTION" :t Bond: 534736P SECTION 00612 PAYMENT BOND THIS IS AN INSTRUCTION, NOT PART OF THE BOND The bond must state on its front page: the name, principal business address, and phone number of the contractor, the surety, the owner of the property being improved, and, if different from the owner, the contracting public entity; the contract number assigned by the contracting public entity; and a description of the project sufficient to identify it, such as a legal description or the street address of the property being improved, and a general description of the improvement, and the bond number. KNOW ALL MEN BY�jHmo yR$S0Se S Develo ers Surety sand BY THIS BOND, we , as Principal. and P corporation, as Surety, are held and firmly bound unto the County an iv r, on a, the sum of � e Hun r F if ��N n�, _ liars (S 159 0 faw�fi�nting to 104°h of the total bid price. or the pftyment of salif sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful perforr3ance of a certain written Contract, dated the day of Cc stn )c,P,y , 20 0 0 , entered into between the Principal and the County of Indian River, for: Project Name: County Project Bid Number: County UCP Number: Project Address: Project Description: 200806.3 2784 Utility Easement at 1600 37"' Street A. CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows which shall include, but is not necessarily limited to the following: Upgrades and modifications to IRCDUS Lift Station No.2058, including: concrete flatwork, fence, landscaping, replacement of wet well, piping and hardware; replacement of valve vault; piping and hardware; conversion of existing wet well to a manhole; removal of existing valve vault, piping, and fittings; construction of a sanitary sewer manhole and 8" and 12" gravity sewer; re-routing electric conduit and service; remove and re-use/install existing ABS 25 HP pumps in new wet well; construct connections, extensions and alterations to the adjacent sanitary sewer force main; and maintain uninterrupted sewer service during the work. A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly make payments to all claimants, as herein below defined, then this 00612.1 obligation shall be void, otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions: 1. A claimant is defined as any person supplying the Principal with labor, materials or supplies, used directly or indirectly by the Principal in the prosecution of the Work provided for in said Contract, and is further defined in Florida Statutes Section 713.01. 2. Florida Statutes Section 255.05 (2007), as amended from time to time, together with all notice and time provisions contained in subsection (2) of Florida Statutes Section 255.05, is incorporated herein in its entirety by this reference The Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or to the Specifications applicable thereto, shall in any way affect its obligations on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to the work or to the Specifications. The Surety represents and warrants to the County of Indian River that it has a Best's Key Rating Guide, General Policyholder's rating of "A" and Financial Size Category of Class "X". The Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that the County of Indian River sustains because of a default by the Principal under the Contract. IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, this 27 day of October, 2008 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Attest: Secretary Timothy Rose Contracting, Name of Corpotslker- BY: Timothy Rose President Printed Name Official Title 00612-2 Corporate SEAL) F1 CERTIFICATE AS TO CORPORATE PRINCIPAL t CYJf 1 I >� , certify thaLl am the Secretary of the corporation named as Principal in the within bond; tha t Stewho signed the said bond on behalf of the Principal was then of said corporation: that I know his signature, and his signature ereto is genuine; and that said Bond was duly signed,, sealed and attested for and on behalf of Said corporation by authority of Its governing bodyAs �/y�• y ` �}jol� 4 IN Is � I>ININ 04. Secretary (SEAL)"tj; © `e ' . x �, IN TO BE EXECUTED BY CORPORA_ TE SURETY: •a •+•""�IN "�' R i I2 •„ s\i YIT�I� STATE OF Florida COUNTY OF Broward Developers Surety and Indemnity l' Company 15%0 bout tSu�t yne I and Road, Ste 510 Bus ss ddre lanFation, FL 33324 ILIs" 4' 6Yd yV ! i { ffix Corpjr to SEAL�bert, B� ;. ;•, r - Attorney-In-FactRobert Barra' ION'. ,�o�,: .. ut,.� a. ... �: Bob Barra Bonds, Inc. �' fi ��-Jdd ` Name of Local Agency 9373 West Sample Road, Ste 206 Business Address Coral Springs, FL 33065 Before me a Notary Public, duly commissioned, qualified and acting, personally appeared Robert $arra t me U known w o bei by me duly sworn upon oath, says that he t e a m i -f f the Ueve�io ers Sure at he has been authorized b tntac�e-how Y Alf execu i e dreg ng on on half of the CONTRACTOR named therein in VvoI(N0'rffie't&Tnfy of Indian River, Florida. Subscribed and sworn to before me this 2_„ 7 day of Iss 20013 _ t/ My Commission Expires: "END OF SECTION" OOG 12-3 14150#661 GLORIA J. KUNICK ?PAN.'9;= EXPIRES: May 26. 2009 "lift ;,,hd ` Bonded Thru Notary Puotrc underwritm "END OF SECTION" OOG 12-3 Bond: 534736P POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, do each, hereby make, constitute and appoint: ***Robert Barra*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety* ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s}in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is g ranted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1 st, 2008. ,�NN�gnnq� y Stephen T. Pate, Senior Vice President By: Charles L. Day, Assistant Secretary State of California County of Orange On January 1st, 2008 before me, Date personalty appeared L f#1AN!Cif=. Place Notary Seal Above XTV 10 1936 T. Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(sj W the within instrument and acknowledged to me that he/shelthey executed the capacity(ies), and that by his/her/their signature(s) on the instrument the pers which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the true and correct. WITNESS my hand and Signature CERTIFICATE J. Roach The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the ID-1438(Wet)(Rev.10/11) 27da,of October 2008 a�_AWI _� PRDDucER — CERTI Stuart Insurance, 3070 S W Mapp Pala City FL 34990 Phone:772-286_4334 Inc% . E OF LIABILITYNI S Fax:772-286-9389 Timothy Rose Contrac 13Inc 60 i Dizish I� cye Vero Beach FL 32962 S :E DATE (MYDD/yyyy) • OF INF'vn..0 o 1*IasUED AS A MATTER w. AND ONLY CONFERS NO RIGHTS UPON TME CERTIFICATE TION ALTER THE COVERER. THIS AGE CERTIFICATES �T SEND, EXTEND OR RDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE WSURERA NAIL # aarl y.vIus Znnaanae OrwP INSURER 8 srlay.rila stployair. m._ co. INSURER C. INSURER D: COVERAGES INsuRER L= THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED To THE INS ANY REQUIREMENT. TERM OR CONDMON OFANyCD�� OR OTHIER �UURED NIAMEO ABOVE FOR THE POLICY PERIOD INDICATED. N MAY PERTAIN, THE INSURANCE AFFORDED By THE POLICIES DESCRIBEDMENT, NOTWITHSTANDING POLICIES. AGGREGATE LIMITS HER �WT<H RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR SHOWN MAY HAVE SEEN REDUCED ByPAID CWMS B ECTTOALL THE TERMS, EXCLUSIONS AND CON .TR NSR rve� ,.� ..._.._ _ CONDITIONS DF SUCH - • .....w c POLJ GENERAL LIABLITy Cl/ NUMB6t A X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 1*1 OCCUR GL00000049465A GEML AGGREGATE •10 Dan xmcz serol TE LIMIT APPLES PER: POLICY O. JJE•CTT LOC AUTOMOBILE LIABILITY A X ANYAUTO BA00000049464A ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS •10 nays Jvncz �_My GARAGE LIABILITY 7 ANYAUTO EXCESSA/MBRELLA LLABILITY A X OCCUR ❑ CLAIMS MADE DEDUCTIBLE r TENTION SMPENSATIONAND LIABILITY TORAPARTNERM(ECUTIVE BER EXCLUDED? under IA 0830 28562 •10 na:s Smcs sm.rte Cl2M1676 06/06/08 06/06/08 06/06/08 02/01/08 06/06/08 If9of000 MITS — RENCE S1,000,OOO06/06/0oxue,r0e) $100, 000y One ps„01) $ 5, 000ADV INJURY $ 1, 0 00 , 0 00REGATE $ 2, 000, 000OMp/opAGG $ 2, 000, 000 06/06/09(E' ems) INGLELIMIT $11 000, 000 BODI(per LnYINJURY S 06/06/09 02/01/09 06/06/09 e � e *AUT00NLY-*EAA0C1DEN1TIDENT SEA ACC SAGG Ss 3, 000,000 s 310001000 000, 000 *10 DA rS NOTICE WN PAYr X TORYLiurrc I R EL EACH ACCIDENT F.L. OISEASE- EA EMpl EL DISEASE - POLICY LIMIT Grading of - • •""`'= i eXCLwIONs ADDEp By ENOORSEMLaNT I SPLS:IAL PROVISIONS $ 1&MVSite Prep _ State of Florida Ra:JiOB 2008063/ MDdifications toP gtation Upgrades and additional i (no -205 Street) Indian River County is neared for general liability HOLDER TnAjan Ril - CoUnt .rStreet , V*r0 Beach IPL 32960 =.1 ski -- KK•' S $1000000 $1000000 $1000000 501000 5% DED