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SECTION 00530 - EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT, dated the day ofthe year 2003 by and
between Indian River County, a p itical subdivisiokoofhe St e of Florida (hereinafter called
OWNER) and Tri-Sure Corporation (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1. WORK
CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The
work is generally described as follows:
Construction of approximately 26,500 LF of 16" diameter PVC/D.I.P. force main,
100 LF of 12" diameter PVC/D.I.P. force main, 125 LF of 8" diameter PVC/D.I.P.
force main, (11) 16" diameter HDPE directional bores (1500 LF), (3) 12" diameter
HDPE directional bores (240 LF), (1) 6" diameter HDPE directional bore ((50 LF);
(2) F.E.C. directional bores, magnetic flow meter w/RTU, air release valves, gate
valves, wet taps and restoration in-kind. Construction consists of, but is not limited
to, utilities exploration, coordination with any permitting agencies, trenching,
dewatering, installation of pipe with fittings and all appurtenances, restrainers and
soil compaction, testing (includes providing temporary jumper or another approved
method for flushing) irrigation repair, private property replacement or repair,
franchise utility repair and traffic control. PVC pipe shall be C-900 and/ or C-909,
C905 and Directional Drill pipe shall be C906 per Indian River County Utility
Standards and Specifications.
CONTRACTOR, as an independent contractor and not as an employee, shall furnish, for the sum
amount of,$1,272,782.50 , all of the necessary labor, material, and equipment to perform the work
described above in accordance with the Contract Documents.
ARTICLE 2. ENGINEER
The project has been designed by Masteller& Moler, Inc., 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.
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ARTICLE 3. CONTRACT TIME.
3.1 The work will be completed in accordance with the following time frame.
(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. Mobilize all labor, equipment, and materials.
6. Deliver and store all equipment and materials to the job site.
7. Notify all utilities and other affected parties prior to initiating construction.
(b) From 1f calendar days to JM 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) constitute
Substantial Completion.
(b) From 151 calendar days to IM 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 close-out 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
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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 1272,782.50
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.
5.1 Progress Payments. OWNER shall make progress payments on account of the
Contract Price on the basis of CONTRACTOR'S Applications for Payment as
recommended by ENGINEER, on or about the 30th day of each month during
construction as provided below. The OWNER shall retain ten (10) percent of the
payment amounts due to the CONTRACTOR until final completion and
acceptance of all Work to be performed by the CONTRACTOR under the Contract
Documents. Each request for a partial payment shall be submitted on an
Application for Payment Form, which shall be accompanied by a executed copy of
the Certification of Contractor. The OWNER WILL provide the forms. All progress
payments will be on the basis of the progress of the work measured by the
schedule of values established in Paragraph 2.9 of the General Conditions (and in
the case of Unit Price Work based on the number of units completed), or, in the
event there is no schedule of values, as provided in the General Requirements.
5.1.1 Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage indicated below, but, in each case, less
the aggregate of payments previously made and less such amounts as
ENGINEER shall determine, or OWNER may withhold, in accordance with
Paragraph 14.7 of the General Conditions.
50% of materials and equipment not incorporated in the work (but
delivered, suitably stored and accompanied by documentation satisfactory
to OWNER as provided in Paragraph 14.2 of the General Conditions).
5.2 Final payment. Upon final completion and acceptance of the work in accordance
with Paragraph 14.13 of the General Conditions, OWNER shall pay the remainder
of the Contract Price as recommended by ENGINEER as provided in said
Paragraph 14.13.
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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 4.2 of the General
Conditions, and accepts the determination set forth in Paragraph SC-4.2 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 4.2 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 4.3 of the General Conditions.
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7.5 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and 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 other bonds (Sections 00610 and 00620).
8.3 Notice of Award and Notice to Proceed.
8.4 General Conditions (Section 00700).
8.5 Supplementary Conditions (Section 00800).
8.6 Specifications bearing the title IRC DTTS Water and Wastewater Utility Standards.
January,, 1997 or latest version.
8.7 Drawings, inclusive with each sheet bearing the following general title "OLD DIXIE
HIGHWAY 16" DIAMETER FORCE MAIN"
8.8 Addenda numbers 1 to 1 , inclusive.
8.9 CONTRACTOR'S Bid (Section 00310).
8.10 Indian River County Water and Wastewater Utility Standards.
8.11 The following, which may be delivered or issued after the effective date of the
Agreement and are not attached hereto: All written amendments and other
documents amending, modifying, or supplementing the Contract Documents
pursuant to Paragraphs 3.4 and 3.5 of the General Conditions.
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 3.4 and
3.5 of the General Conditions.
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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.
9.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of
the party sought to be bound; and specifically but without limitation moneys that
may become due and moneys that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
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.
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IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement in
triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and
ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER
and CONTRACTOR or by ENGINEER on their behalf.
This Agreement will be effective on , 2003.
OWNER CONTRACTOR
Indian Roy unty S"Rg' e--Ops
a (o INALA&avoinawt.331�Z�
BY BY
Kenneth R. Macht, Chairman
Boardroved: February 4, 2 3 CORP TE SEAL)
Of
Attest: Attest:
J. er of the pr5u ourt
r
By:
Deputy Clerk
PATRICIA M. RIDGELY
Approved By: ro d as to Form and Le ffciency:
ZJ es E. Chandler, County Administrator ounty Attorney
Address for giving notices Address for giving notices
1840 25th Street fo fbx (053 At.6 A' 33W
Vero Beach, Florida 32360
License No. GLACX510079
Agent for service JOT process:
�q,mcs CJ►era�c's
(If CONTRACTOR is a corporation, attach
evidence of authority to sign)
END OF SECTION
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Conction Performance Bt�r3
SECTION 00610
BOND NO: FL 5861
Any singular reference to Contractor. Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
Tri—Sure Corporation Merchants Bonding Company
P. 0. Bog 653 P. 0. Bog 26720
Auburndale, FL 33823 Austin, T% 78755-0720
863=967-5506 512-343-9033
OWNER(Mame and Address):
Indian River County, a Political Subdivision of the State of Florida
1840 25th Street
Vero Beach, Florida 32960
772-567-8000
CONSTRUCTION CONTRACT
Date: C f
Amount: X1,272,7 .50
Description (Name and Location): 16" Sewage Force Main on Old Dixie Highway from 49th Street
to North County WWTP and 53rd St. Easement from Old Dixie. Highway West and South to
Central County WWTP — Indian River County Bid No. 5034.
BOND
Date (Not earlier than Construction Contract Date):
Amount: $1,590,978.10
Modifications to this Bond Form: None.
CONTRACTISURE
S PRINCIP SURETY
Company: CORPO T (Corp. Seal) Company: 75�
BONDING COMP (Corp.-Seal)
Sienature: Sienature:
Name and 7A,5oA e�M�s Name and Title: Rita M. Lucas, Attorney-in-Fact
vi Ce /'QC6 wE'n t and Florida REsident Agent - INQUIRIES*.
813-226-1321/PO BOX 1229, TAMPA, FL 33601-1229
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:
Name and Title: Name and Title:
EJCDC No. 1910-28A(1984 Edition)
Prepared through the joint efforts of The Surety Association of America.Engineers'Joint Contract Documents Committee.The Associated
.,eneral Contractors of America.and the American Institute of Architects.
I. Thd Contractor and the Surety,jointly an ally.bind themselves. 6. After the Owner has rminated the Contractor's right to compic—the
their heirs,executors,administrators.sucCes d as
to the Owner Cunstruction Contr•ae if the Surety elects to act under Subparagraph
for the performance of the Construction Co which is incorporated 4.1.4.2.or 4.3 above, the responsibilities of the Surety to the Ow cr
herein by reference. shall not be greater than those of the Contractor under the Construc:lon
2. If the Contractor performs the Construction Contract, the Surety and Contract,and the responsibilities of the Owner to the Suretv shall not be
the Contractor shall have no obligation under this Bond,except to par- greater than those of the Owner under the Construction Contract.To the
ticipate in conferences as provided in Subparagraph 3.1. limit of the amount of this Bond,but subject to commitment by the Owner
3. If there is no Owner Default, the Surety's obligation under this Bond of the Balance of the Contract Price to mitigation of costs and damages
shall arise after on the Construction Contract,the Surety is obligated without duplication
3.1. The Owner has notified the Contrctor and the Surety at its address for:
described in Paragraph 10 below. that the Owner is considering 6.1. The responsibilities of the Contractor for correction of defective
declaring a Contractor Default and has requested and attempted work and completion of the Construction Contract:
to arrange a conference with the Contractor and the Surety to be 6.2. Additional legal, design professional and delay costs resulting
held not later than fifteen days after receipt of such notice to from the Contractor's Default,and resulting from the acticas or
discuss methods of performing the Construction Contract. If the failure to act of the Surety under Paragraph 4.and
Owner.the Contractor and the Surety agree,the Contractor shall 6.3. Liquidated damages,or if no liquidated damages are specified in
be allowed a reasonable time to perform the Construction Con- the Construction Contract, actual damages caused by de!ayed
tract,but such an agreement shall not waive the Owner's right,if performance or non-performance of the Contractor. i
any,subsequently to declare a Contractor Default:and 7• The Surety shall not be liable to the Owner or others for obligations of
3.2. The Owner has declared a Contractor Default and formally ter- the Contractor that are unrelated to the Construction Contract,and the
minted the Contractor's right to complete the contract. Such Balance of the Contract Price shall not be reduced or set off on account
Contractor Default shall not be declared earlier than twenty days of any such unrelated obligations. No right of4ction shall accrue on this .
Bond to any person or entity ocher than the Owner or its heirs,executors.
after the Contractor and the Surety have received notice as pro-
vided in Subparagraph 3.1•and administrators,or successors.
3.3. The Owner has agreed to pay the Balance of the Contract Price 8• The Surety hereby waives notice of any change,including changes of
to the Surety in accordance with the terms of the Construction time. to the Construction Contract or to related subcontracts, purchase
Contract or to a contractor selected to perform the Construction orders and other obligations.
Contract in accordance with the tetras of the contract with the 9• Any proceeding.legal or equitable,under this Bond may be instituted
Owner. in any court of competent jurisdiction in the location in which the work
4. When the Owner has satisfied the conditions of Pan or part of the work is located and shall be instituted within two years after
graph 3,the Surety Contractor Default or within two years after the Contractor ceased work-
shall promptly and at the Surety's expense take one of the following
actions: ing or within two years after the Surety refuses or fails to perform its
obligations under this Bond,whichever occurs first. If the provisions of
4.1. Arrange for the Contractor,with consent of the Owner,to perform this Paragraph are void or prohibited by law, the minimum period of
and complete the Construction Contract:or limitation available to sureties as a defense in the jurisdiction of the suit
4.2. Undertake to perform and complete the Construction Contract shall be applicable.
itself,through its agents or through independent contractors:or 10. Notice to the Surety,the Owner or the Contractor shall be mailed or
4.3. Obtain bids or negotiated proposals from qualified contractors delivered to the address shown on the signature page.
acceptable to the Owner for a contract for performance and com- 11. When this Bond has been furnished to comply with a statutory or
pletion of the Construction Contract.arrange for a contract to be ocher legal requirement in the location where the construction was to be
prepared for execution by the Owner and the contractor selected performed.any provision in this Bond conflicting with said statutory or
with the Owner's concurrence. to be secured with performance legal requirement shall be deemed deleted herefrom and provisions con-
and payment bonds executed by a qualified surety equivalent to forming to-such statutory or other legal requirement shall be deemed
the bonds issued on the Construction Contract, and pay to the
Owner the amount of damages as described in Pincorporated herein.The intent is that this Bond shall be construed as a
aragraph 6 in statutory bond and not as a common law bond.
excess of the Balance of the Contract Price incurred by the Owner 12. Definitions.
resulting from the Contractor's default:or I2.1. Balance of the Contract Price:The total amount
4.4. Waive its right to perform and complete,arrange for completion. payable t the
Ow
or obtain a new contractor and with reasonable promptness under Owner to the Contractor under the Construction Contact after
the circumstances: all Proper adjustments have been made,including allowance to
1. Afro investigation,determine the amount for which it any be the Contractor of any amounts received or to be received by
liable to the Owner and.as soon as practicable after the amount the Owner in settlement of or is n or other claims for dam-
ages to which the Contractor s
is determined,tender payment therefor to the Owner;or entti tled, reduced by all valid
2. Den liability *,..�- and proper payments Can to or on behalf of the Contractor
Y yin whole or in part and rc::., ..,..Owner citing under the Construction Cor.:. :;.
reasons therefor. I2.2. Construction Contract:The agreement between the Owner and
S. if the Surety does not proceed as provided in Paragraph 4 with reason- the Contactor identified on the signature page, including all
able promptness,the Surety shall be deemed to be in default on this Bond Contract Documents and changes thereto.
fifteen days after receipt of an additional written notice from the Owner 12.3. Contactor Default:Failure of the Contractor,which has neither
to the Surety demanding that the Surety perform its obligations under this been remedied nor waived,to perform or otherwise to comply
Bond.and the Owner shall be entitled to enforce any remedy available to with the terms of the Construction Contract.
the Owner.If the Surety proceeds as provided in Subparagraph 4.4,and 12.4. Owner Default: Failure of the Owner, which has neither been
the Owner refuses the payment tendered or the Surety has denied liability, remedied nor waived,to pay the Contractor as required by the
in whole or in part,without further notice the Owner shall be entitled to Construction Contract or to perform and complete or comply
enforce any remedy available to the Owner. with the other terms thereof.
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
BROWN & BROWN, INC.
PO BOX 1229
TAIGA, FL 33601-1229
813-226-1
Coyfmction Payment Ran
SECTION 00620
BOND NO FL 5861
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
Tri—Sure Corporation Merchants Bonding Company
P. 0. Bog 653 P. 0. Bog 26720
Auburndale, TL 33823 Austin, T% 78755-0720
863-967-5506 512-343-9033
OWNER (Name and Address):
Indian River County, a Political Subdivision of the State of Florida
1840 25th Street
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.
9.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of
the party sought to be bound; and specifically but without limitation moneys that
may become due and moneys that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
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.
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I. The•Contractor and the Surety,jointly and eally,bind themselves. and to satisfy claims,i v,
their herr&,executors.administrator&.aueces�id assigns to the Owner a the under anv C,)nstrucuon Perto
to pay for labor.materials and equipment fu for use in the W or. agree that all funds by the Contractor,n the Rnance Bond.
ntanee of the Construction Contract. which is into ! and the Owner acccoung this Bond, they
reference. incorporated hereto by Custructtoq Contract are dedicated to satisfy obirgat onsru a�the Con.the
2. With respect to the Owner,this obligation shall be null and void if the tactor and the Surety under this Bond, subject to the Owner's Cun-
Contractor, to use the funds for the completion of the work. Dncr�
9. The Surety
2.1. Promptly.makes payment.directly or indirectly•for all sums due Obligations s of the Cont actorl not be s that aree 90 tunreela ed to the Construction
Claimants,andhe marts or others for
2. Defends.indemnifies and holds harmless the Owner from all claims, tract.The Owner shall not be liable for pad. and yment of any costs or exp noes
demands, liens or suits by any person or entity who furnrsned oblOf lgationy Gnsa o make Payments mant under this on Wye notices on eenalf of for otherwise
no
labor,'materials or equipment for use in the performance of the have obligations to Clainwnts under this Bind.
Construction Contract.provided the Owner has promptly notified
the Contractor and the Surety(at the address described in Para. !0. The Surety hereby waives notice of anv char
graph 12) of any claims. demands, lies or suits and tendered time, to the Construction Contract or to related sube"oai�t�ttcp me
defense Of such claims,demands.lies or suits to the Contractor order and other obligations.
and the Surety,and provided there is not 1. No suit or action shall be co
3 With res Owner Default. mmened by a Claimant under this Bond
pect to Claimants.this obligation shall be null and void if the other than in a court of competent jurisdiction in the location in which the
Contractor promptly makes Payment.directly or indirectly.for all sums wOelt r Part of the work is located or after the
due. from the date (1) on which the Clai expiration of one year
4. The Surety shall have no obligation to Claimants under this Bond until: servtc Subparagraph pe ormed bCly anyone ii the last t on whir a e suited by
ere
4.1- fill), or f_1 on which the last labor or
Claimants who are employed by or have a direct contract with
the Contractor have given notice to the Surety(at the address htrt'tuhed by anyone under the Construction Contract, equipment
rtot
described in Paragraph 12)and sent a co _ or(2)first occurs.If the provisions of this
the Owner. stating that a claim is being made under this ono by law•the minimum period o;limitation available to suretiesam void o defettnse
and.with substantial accuracy.the amount of the derclaim. in the jurisdiction of the suit shall be applicable, as
4.2. Claimants who do not have a direct contract with the Contractor; 12. Notice to the Surety.the Owner or the Contractor
1. Have furnished written notice to the Contractor and sent a delivered to the address spown on the signature
ghat) maild r
copy, or notice thereof. to the notice by Surety. the Owner or the Contractor.however receipt of
having last performed labor or a Owner. within 90 days after shall be sufficient compliance as of the date aaomPlished.
stent included in the dein[stating.furnished materials r Bracy, on the signature P jived at the address shown
the amount of the claim and thename of the accuracy, �•
Party to whom 13• When this Hod has been furnished o eotnPlY with a statutory or
the materials were furnished or supplied or for whom the labor other legal requirement in the location where the Comply w
was done or Performed;and Performed.any provision in this Bond conA• construction S was to be
2. Have either received a rejection in whole r in prat from the legal requhumnt shall be deemed deleted herreef n and statutory or
Contractor. or not received within 30 days of furnishing the forming o such statutory or other legal requirement shall sions be deemedc .
above notice any communication from the Contractor by which
the Contractor has indicted the claim wr7)be incorporated herein.The intent is.that this Bond shall be construed as a
indirectly;and paid directly or statutory bond and not as a common law bond.
3. Not having been paid within the above 30 da 1e Upon request o any Pelson r entity appearing to be a potent:f
written notice to the Surety(at the ys,have sent a tl�iis beneficiary
o=ff Bond,the Contractor shall promptly furnish a copy'
writs IZ) and sent a c address described in Para- permit a copy to be made. 4•
grain that a opy or notice thereof. o the Owner. 13. DEFINITIONS
f claim ts being made under this Bond and enclosing 13.1. Claimant:An individual r entity having a
a copy of the precious written notice futaished to the Con- Y g direct contract with
tractor. the Contractor or with a subcotrvaetor of the Contractor to
3. If a notice required by Paragraph 4 is
furnish labor.maaetials or equipment for use in the Performance
Contractor r to the Surer firer& 1, the Owner to the ofthe Contract.The intent of this Bond shaA be to include Without
6. When the Y.that is st flicient eompiitusce. limitation in the terms"labor.materials
Surety shall promptly �att a Surer corAtios of PstagmPh 4. the of water.gas.power.Iight-heat, r equipment••that Pa+t
r rents! gasoline,telephone service
actions: Y' pose take the totbwing equipment used in the Construction Contract.aehitec-
6.1. Sed an answer to the Ciai tural and engineering services required for
Claimant..with a copthe
y to the Owner,within work of the Contractor and the Contractor's subcontractors.or&rmance tand
43 days after receipt of the claim• stating the amounts that are all other items for which a.mechanic's lien may be asserted in
undisputed and the basis for challenging any amounts that are the jurisdiction where the labor, materials or
disputed. equipment were
6.2. Pay or strange for payment of any undisputed amounts, furnished.
7. The Surety's total obligation shall not exceed the amount I%this Bond, 15.2. the Contract Contract:The agreement between the Owner and
and the amount of this Bond shall be credited for an the Contractor identified h the signature.pace, including all
good faith by the Surety. Y Payments Wade in Contract Documents and chances thereto.
13.3. Owner Default: Failure of the Owner, which has neither been
f- Amounts owed by the Owner to the Contractor under the Constritction remedied nor waived. to w
Contract shall be used for the performance of the COnsavction Contract Construction Contract rtoy the Contactor as required by the
with the other terms thereof perform and complete or comply
(FOR INFORMATION ONLY—Name. Address and Telephone)
AGENT or BROKER:-
BROWN & BROWN, INC, OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
PO BOX 1229
TSA, FL 33601-1229
I
McOhants Bonding CompnY
(Mutual)
POWER OF ATTORNEY Bond No.
Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duly organized under
the laws of the State of Iowa,and having its principal office in the City of Des Moines,County of Polk,State of Iowa,hath made,
constituted and appointed,and does by these presents make,constitute and appoint
Joseph W.LoPresti,Rita M.Lucas,Russell Steven Ayers,
Peter N.Lagos and/or Maureen E.Sherman
Of Tampa and State of Florida Its true and lawful Attomey-in-Fact,with full power
and authority hereby conferred in its name, place and stead,to sign,execute,acknowledge and deliver in its behalf as surety any
and all bonds,undertakings,recognizances or other written obligations in the nature thereof,subject to the limitation that any such
instrument shall not exceed the amount of.
THREE MILLION($3,000,000.00)DOLLARS
and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all the acts of
said Attomey-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed.
This Power-of-Attomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-
Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on October 3,1992.
ARTICLE 11,SECTION 8-The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attomeys-in-Fad,and to authorize them to execute on behalf of the Company,and attach the Seal of the
Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature
thereof.
ARTICLE 11,SECTION 9-The signature of any authorized officer and the Seal of the Company may be affixed by facsimile
to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking,
recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the
same force and effect as though manually fixed.
In Witness Whereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its President and
its corporate seal to be hereto affixed,this 2nd day of January 2003
`i'• MERCHANTS BONDING COMPANY(MUTUAL)
•
1933 •3.
.y :c. By
•••'>�••*.•`•••
STATE OF IOWA President••.....•
COUNTY OF POLK ss.
On this 2nd day of January 2003 before me appeared Larry Taylor,to
me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL),
the corporation described in the foregoing instrument,and that the Seal affixed to the said instrument is the Corporate Seal of the said
Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors.
In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first
above written.
t, MARILYN BOYD
Commission Number 10012
My Commission Expires
November 4,2004
Notary Public,Polk County,Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing
is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY(MUTUAL),which is
still in force and effect
In Witness Whereof,I have hereunto set my hand and affixed the seal of the Company on
this day of �.•••••.m �/
:•�1NG•Cpl•.• �/ Z>'��,
Secretary —
1933 '
• y •c.
MSC 0814 (9/02) ••''6'.'�JV••{r `��'
••..e...
t 02/18/2005 14:17 8639652156 PAL*- u:2
• tta: VA/2003 Time: 1:08 PM To; 6 8639652158 8e
388-4344 Page:
��TA CERTIFICP%rE OF LIABILITY INSURANC.1- 02/19/2003
b - (40)6911-4344 THIS 20-FIRCATE IE 186UED A!A MATTER 00 INPORMATION
Harr+don b Associates Insurance, LLC ONLY AND CONFERS NO RIGHTS UPON THECWTVICAT6
' 91 Lake Marton Or. HOLDER,THIS CERTIFICATE ATE DOES NOT AMEND,EXTEND
� ALTlR MIRAGE ERAf�' AFf_CRDEDSY�j�,
P 0 Box 3606
Lakeland, FL 33802 'INIURERI AFFORDING COVERAGE j NAK M
I--••--,• - --._ _�_.... .. ..._.__SSSS_.... _.__..._SSSS__ ..- -•---.._._...._.�...___�..__........-----•-----+_-•__• -
INn,lfr �r'1-lure �orparitjon 5.6ER+ Southern Owners Insurenr�_Co
P 0 Boz 653
Auburndale, FL 33623 a -FF• Oho Casui t�Y _
•�•� =��rid�Ielris�ld ERlQloyers Sns Cu - }
�•t•F= "Grist MlericanCOVIE
Intend Malrine- _1_-
THC 00tICIES OF 1NXJ'AVCE LIST[D BELOW WIPE BEEN ISSUz!)TO ThE M417-RED"WED ABOVE FOR T11E POLICY PERIOD IND CATIO,NOTY1'MSTAhD NQ
ANY REWIREMBIT.TERM OA CQNDI•TION OF ANY 00011.64.-OR OTHER DOCUMENT N/R!AfSPECT TO VMpCM THIS CERTIFICATE MAY BE ISSUED CR
NC,Y PER*AIN.'HP 1?.&MANCE AFFORDED BYTHE W-HIES DESCf-Ie'D HEREIN IS SUTA-CT TO All THE TERMS.EXCWSIOM MD CONDRIOVS OF SUCH
POLICIES.!1GGREGATE L MITE SOC- M MAY H4VE 85E%REDuCEED 6Y DAID CLANS. r _
--'
Of SS)LJt/1lCa Fo cr NUMBER
—TTitw�L� —�—_ -- X0807133
46' 10/01/2002 t 10101/3003 -A?Y�: 1 + 1000
jX ^noF_k.r,JET�Qn•I.L:DLh• I 74,07-
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ni 00
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h 4!:. :..111_ I •F Y I:.JJIr^..
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EFCESt�JMiRELLA-LAeLITY 1 iBXb� dA3554 10/O1J2002 10/01/2003 F,-�^::•..R:E•-^E : 2_00�0OD
r1( q•'i.:p _ i.l<W*VA-E 2r000,W
a wLF+sco�rc«sATlrrLA�� �r._. 3027 6 1OJ15j2002, 1.672 / 003
D iMKoRt LLAssm E -ML T h e t_..:__7u _ s i00,,00
1^rcr!E': _S00,000,
-0' 500,000
_ _ _ _ t:C'15::.=E.cX_i;.;lr:l- C ~SOD 00
Rued/Leased -INP176"24, 10/01/2002' /Ol 61/201)3 $200,000
E Equipment a 52500 Deductible
A. _.._
Indiwt R1verATGountjA/ lied"as add tl oenceenisure*d,-ewief=tIA�� regaar+sd
s to the General Liability and
OAut&wbile Liability.
JOb:IRC 81d85034/16 Inch Saweage FM on Old Dixie Mwy - From 48th Strett to NC wviTF and
rJrd Street Easement From Old Dixie Hwy West 8i South to the CR MWTF.
CERTFICAT6 I�OLDjfj - CANCELLATION
c.ix..ouFr„wT�.aaioir:►dssovour.RssE:AHat��macFuacr••t
EItoN1A-ICN GATE TNER@OF.Tla s'YN6 iNSLIREit MIL ENOEAVORTOMAi
DAT3 VeMIWN N071_t TO THE CSRT.HCAT9 HOLDER NAMED TO THE LEFT,
Indian R i ver County t'�:I SAI_URC YZ YAl SU:.r Not Cm SWA"IMP)Sr NOOBLGAT!'Jh OR L4•PCIIY
2625 19th Avenue Or ANY.#M UPON T,41 INS JASP.ITS•ufr*c OR IINRI3G"1TATIV1f. —
ikUr-qORILf0 REP*1144 ATNF
Fero Beach, FL 32960
Mart Wilder/CHRIS
AGGRO 23(2001fW) ^� GACORD CORPORATION 1993
CoYfruction Payment Ran
SECTION 1
00620
BOND NO FL 5861
Any singular reference to Contractor. Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
Tri-Sure Corporation Merchants Bonding Company
P. 0. Bog 653 P. 0. Bog 26720
Auburndale, -FL 33823 Austin, T% 78755-0720
863-967-5506 512-343-9033
OWNER (Name and Address):
Indian River County, a Political Subdivision of the State of Florida
1840 25th Street
Vero Beach, Florida 32960
CONSTRUCTION CONTRACT
Date
Amounhl$- �1,2�72,782.50
Description (Name and Location): 16" Sewage Force Main on Old Dixie Highway from 49th Street
to North County WWTP and 53rd St. Easement from Old Dixie Highway West and South to
Central County WWTP - Indian River County Bid No. 5034.
BOND
Date (Not earlier than Construction Contract Date):
Amount: $1,272,782.50
Modifications to this Bond Form:
This bond incorporates all the requirements
of Section 255.05, Florida Statutes, by
reference as to all notice and time limitations
provided therein. The bond shall be considered
a statut bond and t common law bond.
CONTRA 0 AS PRINCIP SURETY
Company: :-SURE CORP LON (Corp. Seal) Company: MER S BONDING COMP (Corp. Seal)
Signature: Signature:
Name and t . '�'i416o4/�42k4W COV Name and Title: Rita M. Lucas, Attorney-in-Fact
a/;C'e 10kC0;dC'1 and Florida Resident Agent - INQUIRIES:
813-226-1321/PO BOX 1229, TA14PA, FL 33601-1229
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:
Name and Title: Name and Title:
EJCDC No. 1910-28B (1984 Edition)
Prepared through the joint efforts of the Surety Association of America. Engineers'Joint Contract Documents Committee.The Associated
General Contractors of America.American Institute of Architects.American Subcontractors Association.and the Associated Specialty
Contractors.