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HomeMy WebLinkAbout2004-074 � d SECTION 00530 - EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT dated the 6th day of April in the year 2004 by and between Indian River County, a political subdivision of the State of Florida ( hereinafter called OWNER) and Underground Utilities, Inc. (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 600 LF of 6 " PVC water main , 2 Fire Hydrant Assemblies and 13 water services on 77th Terrace and 77th Court in Roseland , FL . 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 , soil compaction , disinfection , testing (includes providing temporary jumper or another approved method for disinfection and flushing ) , irrigation repair, private property replacement or repair, franchise utility repair and traffic control . PVC pipe shall be C-900 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 $27 , 060 . 00 , 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 Indian River County Utilities Department , 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 . 00530- 1 F :\Utilities\UTILITY - ENGINEERING\Projects - Assessment Projects\VAN BERGEN & HENDRYS SUB WATER SERVICE\BID DOCUMENTS\BID DOCUMENTS\00530 EJCDC - REVISED (per Marion ) Agreement between Owner and Contractor.doc 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 JL calendar days to 45 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 4.6 calendar days to 6Q 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 00530-2 F :\Utilities\UTILITY - ENGINEERING\Projects - Assessment Projects\VAN BERGEN & HENDRYS SUB WATER SERVICE\BID DOCUMENTS\BID DOCUMENTS\00530 EJCDC - REVISED (per Marion ) Agreement between Owner and Contractor.doc 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 $27 , 060 . 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 . 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 an 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 . 00530 -3 F:\Utilities\UTILITY - ENGINEERING\Projects - Assessment Projects\VAN BERGEN & HENDRYS SUB WATER SERVICE\BID DOCUMENTS\BID DOCUMENTS\00530 EJCDC - REVISED (per Marion ) Agreement between Owner and Contractor.doc 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 . 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 . 00530-4 F:\Utilities\UTILITY - ENGINEERING\Projects - Assessment Projects\VAN BERGEN & HENDRYS SUB WATER SERVICE\BID DOCUMENTS\BID DOCUMENTS\00530 EJCDC - REVISED (per Marion ) Agreement between Owner and Contractor.doc 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 IRMIS water and Wastewater Utility Standards, January 1997 or latest version . 8 . 7 Drawings , inclusive with each sheet bearing the following general title title "VAN BERGEN & HENDRY' S SUBDIVISION WATER ASSESSMENT PROJECT" 8 . 8 Addenda numbers N/A to., inclusive . 8 . 9 Indian River County Water and Wastewater Utility Standards . 8 . 10 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 . 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 F :\Utilities\UTILITY - ENGINEERING\Projects - Assessment Projects\VAN BERGEN & HENDRYS SUB WATER SERVICE\BID DOCUMENTS\BID DOCUMENTS\00530 EJCDC - REVISED (per Marion ) Agreement between Owner and Contractor.doc 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 . 9 . 6 In addition to any other required insurance , the CONTRACTOR shall , at least ten ( 10 ) days prior to the effective date of this contract, provide to the COUNTY a certificate of commercial general liability insurance with a reputable insurance company authorized to do business in the State of Florida , subject to approval by the County's risk manager in an amount not less than $3 , 000 , 000 combined single limit for bodily injury and property damage , including coverage for premises/operations , products/completed operations , contractual liability, and independent contractors , in accordance with the County's Administrative Policy Manual . The CONTRACTOR shall , at least ten ( 10 ) days prior to the effective date of this contract , provide to the COUNTY a certificate of business auto liability insurance with a reputable insurance company authorized to do business in the State of Florida , subject to approval by the County's risk manager, in an amount not less than $3 , 000 , 000 per occurrence combined single limit for bodily injury and property damage , including coverage for owned autos and other vehicles , hired autos and other vehicles , non -owned autos and other vehicles , in accordance with the County's Administrative Policy Manual . The commercial general liability and auto liability insurance policies shall name Indian River County , a political subdivision of the State of Florida , as an additional insured . In addition , the CONTRACTOR shall , at least ten ( 10 ) days prior to the effective date of this contract , provide to the COUNTY a certificate of worker's compensation insurance , including employer's liability with a reputable insurance company authorized to do business in the State of Florida subject to approval by the County's risk manager, 00530-6 F :\Utilities\UTILITY - ENGINEERING\Projects - Assessment Projects\VAN BERGEN & HENDRYS SUB WATER SERVICE\BID DOCUMENTS\BID DOCUMENTS\00530 EJCDC - REVISED (per Marion ) Agreement between Owner and Contractor. doc with a limit of $ 100 , 000 per accident, $500 , 000 disease ( policy limit) , and $ 100 , 000 disease (each employee ) in compliance with all state and federal laws , and in accordance with the County's Administrative Policy Manual . The CONTRACTOR shall provide to the COUNTY at least thirty (30 ) days = written notice by registered mail , return receipt requested , addressed to the County's risk manager, prior to cancellation or modification of any required insurance . CONTRACTOR shall cause any subcontractor performing any work to provide to COUNTY certificates of insurance under the same conditions and with the same policy limits as required of the CONTRACTOR. CONTRACTOR agrees to indemnify and hold harmless the COUNTY, together with its agents , 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 intentionally wrongful conduct 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 . 9 . 7 CONTRACTOR agrees to indemnify and hold harmless the COUNTY , together with its agents , 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 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 . 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. e This Agreement will be effective on L , 2004 . OWNER CONTRACTOR Indian River County _Underground Utilities , Inc. Board of County Commissioners BY ( tl Be c Caroline D . Ginn , Ch rman Ga6 6e E . French , President (CORPORATE SEAL ) 00530-7 F :\Utilities\UTILITY - ENGINEERING\Projects - Assessment Projects\VAN BERGEN & HENDRYS SUB WATER SERVICE\B{ D DOCUMENTS\BID DOCUMENTS\00530 EJCDC - REVISED (per Marion ) Agreement between Owner and Contractor.doe 4 Attest : Attest : J . K . Ba n , Clerk of the Circuit Court Deputy Clerlo Approved By: PA as to Form and Legal S iciency: osep A . Baird , County Administratorttorney Address for giving notices Address for giving notices 1840 25th Street 390 21St Street SF Vero Beach , Florida 32960 _Vero Beach , FL 32962 License No . CUC051660 Agent for service of process : ( If CONTRACTOR is a corporation , attach evidence of authority to sign ) END OF SECTION 00530-8 F :\Utilities\UTILITY - ENGINEERING\Projects - Assessment Projects\VAN BERGEN & HENDRYS SUB WATER SERVICE\BID DOCUMENTS\BID DOCUMENTS\00530 EJCDC - REVISED (per Marion ) Agreement between Owner and Contractor. doc * * 1531969 PERFORMANCE BOND THIS DOCUMENT HAS BEEN RECORDED The American Institute of Architects , IN THE PUBLIC RECORDS OF * * * INDIAN RIVER COUNTY FL AIA Document No . A312 ( December, 1984 Edition ) * * BK : 1715 PGA 750 , Pagel Of 6 Any singular reference to Contractor, Surety , Owner or other 04/1212004 at 11 '44 AM party shall be considered plural where applicable . CONTRACTOR ( Name and Address ) : OWNER ( Name and Address): Undereground Utilities , Inc . JEFFREY K BARTON, CLERK OF Indian River County Board of County Conunissione 390 - 21st. Street, S .E . 2625 - 19th Avenue Vero Beach, FL 32962 Vero Beach, FL 32960 CONSTRUCTION CONTRACT SURETY ( Name and Principal Place of Business) : Date : Old Republic Surety Company P. O. Box 4668 Amount: $27, 060 . 00 Winter Park, FL 32793 -4668 Description ( Name and Location ) : Indian River County Bid #6051 : Van Bergen & Hendry 's Water Assessment Bond # OCN540927 Date ( Not earlier than Construction Contract Date ) : April 8 , 2004 Amount: $ 33 , 825 . 00 Modifications to this Bond : X None ❑ See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company : l S t Co • � • ' ( rporae ea ) Company : ' y "; (-Cofpordte $eal ) Underground,VtiIittes Jnc , Old Republic Surety Company Signature : " Signature : rgc ` • ggg Name and T16& G 'I. Trerich, President Name and e : James E . Dickmeyer, Attorney=InLOOF t (Any addition*'sJgnattires aOpear on page 2 . ) (FOR INFORMATION Only- Name , Address and Telephone) OWNER 'S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER : The DickmeyerAgency party ) : 607 St. Lucie Crescent, Stuart. FL 34994 1 The Contractor and the Surety , jointly and severally , bind them - 3. 3 The Owner has agreed to pay the Balance of the Contract Price selves, their heirs , executors , administrators , successors and assigns to the Surety in accordance with the terms of the Construction to the Owner for the performance of the Construction Contract , which Contract or to a contractor selected to perform the Construction is incorporated herein by reference . Contract in accordance with the terms of the contract with the 2 If the _ Contractor performs the Construction Contract , the Surety and Owner. the Contractor shall have no obligation under this Bond , except to par- ticipate in conferences as provided in Subparagraph 3 . 1 . 4 When the Owner has satisfied the conditions of Paragraph 3 , the Surety shall promptly and at the Surety's expense take one of the 3 If there is no Owner Default/ the Surety 's obligation under this Bond following actions : shall arise after : 3 . 1 The Owner has notified the Contractor and the Surety at its 4 . 1 Arrange for the Contractor with consent of the Owner , to address described in Paragraph 10 below that the Owner is con - perform and complete the Construction Contract ; or sidering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Undertake to perform and complete the Construction Contract its Surety to be held not later than fifteen days after receipt of such itself, through its agents or through independent contractors ; or notice to discuss methods of performing the Construction Contract . 4.3 Obtain bids or negotiated proposals from qualified contractors If the Owner, the Colitractor and the Surety agree , the Contractor acceptable to the Owner for a contract for performance and com - shall be allowed a reasonable time to perform the Construction Con- pletion of the Construction Contract, arrange for a contract to be tract, but such an agreement shall not waive the Owner's right, if prepared for execution by the Owner and the contractor selected any , subsequentlyt© declare a Contractor Default; and with the Owner's concurrence , to be secured with performance 3 . 2 The Owner has-declared a Contractor Default and formally and payment bonds executed by a qualified surety equivalent to terminated the Contractor's right to complete the contract. Such the bonds issued on the Construction Contract, and pay to the Contractor Default shall not be declared earlier than twenty days Owner the amount of damages as described in Paragraph 6 in after the Contractor and Surety have received notice as provided excess of the Balance of the Contract Price incurred by the Owner in Subparagraph 3 . 1 ; and resulting from the Contractor's default; or ORSC 22119 ( 10-93) Pagel of 2 4 .4 Waive its right to perform and complete , arrange for completion , accrue on this Bond to any person or entity other than the Owner or Or obtain a new contractor and with reasonable promptness under its heirs, executors, administrators or successors . the circumstances : 8 The Surety hereby waives notice of any change , including changes A After investigation , determine the amount for which it may of time , to the Construction Contract or to related subcontracts , be liable to the Owner and , as soon as practicable after purchase orders and other obligations . the amount is determined , tender payment therefor to the 9 Any proceeding , legal or equitable , under this Bond may be Owner; or instituted in any court of competent jurisdiction in the location in which . 2 Deny liability in whole or in part and notify the Owner citing the work or part of the work is located and shall be instituted within reasons therefor . two years after Contractor Default or within two years after the Con - 6 If the Surety does not proceed as provided in Paragraph 4 with tractor ceased working or within two years after the Surety refuses reasonable promptness , the Surety shall be deemed to be in default or fails to perform its obligations under this Bond , whichever occurs on this Bond fifteen days after receipt of an additional written notice first . If the provisions of this Paragraph are void or prohibited by law , from the Owner to the Surety demanding that the Surety perform its the minimum period of limitation available to sureties as a defense Obligations under this Bond , and the Owner shall be entitled to enforce in the jurisdiction of the suit shall be applicable . any remedy available to the Owner . If the Surety proceeds as provided 10 Notice to the Surety , the Owner or the Contractor shall be mailed in Subparagraph 4 . 4 , and the Owner refuses the payment tendered or delivered to the address shown on the signature page . or the Surety has denied liability , in whole or in part, without further 11 When this Bond has been furnished to comply with a statutory or notice the Owner shall be entitled to enforce any remedy available other legal requirement in the location where the construction was to the Owner . to be performed , any provision in this Bond conflicting with said statu - 6 After the Owner has terminated the Contractor's right to complete tory or legal requirement shall be deemed deleted herefrom and the Construction Contract, and if the Surety elects to act under Provisions conforming to such statutory or other legal requirement Subparagraph 4. 1 , 4. 2 , or 4 . 3 above , then the responsibilities of the shall be deemed incorporated herein . The intent is that this Bond shall Surety to the Owner shall not be greater than those of the Contractor be construed as a statutory bond and not as a common law bond . under the Construction Contract , and the responsibilities of the Owner 12 DEFINITIONS to the Surety shall not be greater than those of the Owner under the 12 . 1 Balance of the Contract Price The total amount payable by Construction Contract. To the limit of the amount of this Bond , but the Owner to the Contractor under the Construction Contract after subject to commitment by the Owner of the Balance of the Contract all proper adjustments have been made , including allowance to Price to mitigation of costs and damages on the Construction the Contractor of any amounts received or to be received by the Contract, the Surety is obligated without duplication for: Owner in settlement of insurance or other claims for damages to 6 . 1 The responsibilities of the Contractor for correction of defec- which the Contractor is entitled , reduced by all valid and proper tive work and completion of the Construction Contract; payments made to or on behalf of the Contractor under the Construction Contract. 6 .from Additional legal design professional and delay costs resulting 12 . 2 Construction Contract: The agreement between the Owner from the Contractor's Default, and resulting from the actions or and the Contractor identified on the signature page , including all failure to act of the Surety under Paragraph 4 ; and Contract Documents and changes thereto . 6 . 3 Liquidated damages, or if no liquidated damages are speci - 12 .3 Contractor Default : Failure of the Contractor, which has neither fied in the Construction Contract. actual damages caused by been remedied nor waived , to perform or otherwise to comply with delayed performance or non-performance of the Contractor . the terms of the Construction Contract. 7 The Surety shall not be liable to the Owner or others for obligations 12 .4 Owner Default : Failure of the Owner, which has neither been of the Contractor that are unrelated to the Construction Contract and remedied nor waived , to pay the Contractor as required by the the Balance of the Contract Price shall not be reduced or set off on Construction Contract or to perform and complete or comply with account of any such unrelated obligations . No right of action shall the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS : ( Space is provided below for additional signatures of added parties other than those appearing on the cover page . ) CONTRACTOR AS PRINCIPAL ( Corporate Seal ) SURETY ( Corporate Seal ) Company : Company : Address : Address : Name and Title : Name and Title : Signature : Signature : ORSC 22119 ( 10-93) Page 2 of 2 * * PAYMENT BOND * The American Institute of Architects , AIA Document No . A312 ( December, 1984 Edition ) . 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) : Underground Utilities, Inc . Old Republic Surety Company 390 - 21st. Street, S . E. P. O. Box 4668 Vero Beach, FL 32962 Winter Park FL 32793 -4668 772 -299-7113 OWNER ( Name and Address) : 407-677-0080 Indian River County Board of County Commissione 2625 - 19th Avenue Vero Beach, FL 32960 772-567-8000 , Ext. 1416 CONSTRUCTION CONTRACT Date : Amount: $27 ,060 . 00 Description ( Name and Location ) : Indian River County Bid #6051 ; Van Bergen & Hendry's Water Assessment Bond # OCN540927 Date ( Not earlier than Construction Contract Date ) : April 8 , 2004 Amount: $27,060 . 00 Modifications to this Bond : ® None ❑ See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company : ( Corporate Seal ) Company : ( Corporate. Seal) i` Underground .iJtilities, Inc. Old Republic Surety Company Signatyre . Signature : Name in' Ti€le<4 e Ei French President Name and e : James E . Dickmeyer, Attorney-In- i (Any additional signafi m# s appear on page 2 . ) (FOR INFORMATION-ANL,Y— Name , Address and Telephone) OWNER ' S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER': Jbe .Dickmeyer Agency party) : 607 St. Lucie Crescent, Stuart FL 34994 1 The Contractor and the Surety , jointly and severally , bind them - 4. 1 Claimants who are employed by or have a direct contract with the selves , their heirs , executors , administrators , successors and assigns Contractor have given notice to the Surety (at the address described to the Owner to pay for labor , materials and equipment furnished for in Paragraph 12) and sent a copy , or notice thereof, to the Owner , use in the performance of the Construction Contract, which is incor- stating that a claim is being made under this Bond and , with sub- porated herein by reference . stantial accuracy , the amount of the claim . 2 With respect to the Owner, this obligation shall be null and void if 4. 2 Claimants who do not have a direct contract with the Contractor : the Contractor: . 1 Have furnished written notice to the Contractor and sent a copy , 2 . 1 Promptly makes payment , directly or indirectly , for all sums due or notice thereof, to the Owner, within 90 days after having last Claimants , and performed labor or last furnished materials or equipment included 2 . 2 Defends , indemnifies and holds harmless the Owner from in the claim stating , with substantial accuracy , the amount of the claims , demands , liens or suits by any person or entity whose claim and the name of the party to whom the materials were fur- claim , demand , lien or suit is for the payment for labor, materials nished or supplied or for whom the labor was done or performed ; or equipment furnished for use in the performance of the Construc- and tion Contract , provided the Owner has promptly notified the Con - .2 Have either received a rejection in whole or in part from the Con- tractor and the Surety ( at the address described in Paragraph 12) tractor , or not received within 30 days of furnishing the above notice of any claims ; demands , liens or suits and tendered defense of any communication from the Contractor by which the Contractor such claims , demands , liens or suits to the Contractor and the has indicated the claim will be paid directly or indirectly ; and Surety , and provided there is no Owner Default. .3 Not having been paid within the above 30 days , have sent a 3 With respect to Claimants , this obligation shall be null and void if written notice to the Surety (at the address described in Paragraph the Contractor promptly makes payment , directly or indirectly , for all 12) and sent a copy , or notice thereof, to the Owner, stating that sums due . a claim is being made under this Bond and enclosing a copy of 4 The Surety shall have no obligation to Claimants under this Bond until : the previous written notice furnished to the Contractor . ORIC 22114 (7-93) Page 1 of 2 5 If a notice required by Paragraph 4 is given by the Owner to the Con - Paragraph are void or prohibited by law , the minimum period of limi - tractor or to the Surety , that is sufficient compliance . tation available to sureties as a defense in the jurisdiction of the suit . When the Claimant has satisfied the conditions of Paragraph 4 , the shall be applicable . Surety shall promptly and at the Surety' s expense take the following 12 Notice to the Surety , the Owner or the Contractor shall be mailed actions : or delivered to the address shown on the signature page . Actual 6 . 1 Send an answer to the Claimant, with a copy to the Owner, receipt of notice by Surety , the Owner or the Contractor, however within 45 days after receipt of the claim , stating the amounts that accomplished , shall be sufficient compliance as of the date received are undisputed and the basis for challenging any amounts that are at the address shown on the signature page . disputed . 13 When this Bond has been furnished to comply with a statutory or 6 . 2 Pay or arrange for payment of any undisputed amounts . other legal requirement in the location where the construction was 7 The Surety 's total obligation shall not exceed the amount of this to be performed , any provision in this Bond conflicting with said statu- Bond , and the amount of this Bond shall be credited for any payments tory or legal requirement shall be deemed deleted herefrom and made in good faith by the Surety . provisions conforming to such statutory or other legal requirement 8 Amounts owed by the Owner to the Contractor under the Construc- shall be deemed incorporated herein . The intent is that this Bond shall tion Contract shall be used for the performance of the Construction be construed as a statutory bond and not as a common law bond . Contract and to satisfy claims , if any , under any Construction Perfor- 14 Upon request by any person or entity appearing to be a potential mance Bond . By the Contractor furnishing and the Owner accepting beneficiary of this Bond , the Contractor shall promptly furnish a copy this Bond , they agree that all funds earned by the Contractor in the of this Bond or shall permit a copy to be made . performance of the Construction Contract are dedicated to satisfy obli- 15 DEFINITIONS gations of the Contractor and the Surety under this Bond , subject to 15. 1 Claimant : An individual or entity having a direct contract with the Owner's priority to use the funds for the completion of the work. the Contractor or with a subcontractor of the Contractor to furnish 9 The Surety shall not be liable to the Owner, Claimants or others for labor , materials or equipment for use in the performance of the obligations of the Contractor that are unrelated to the Construction Contract. The intent of this Bond shall be to include without limi- Contract. The Owner shall not be liable for payment of any costs or tation in the terms "labor, materials or equipment" that part of expenses of any Claimant under this Bond , and shall have under this water, gas , power, light, heat, oil , gasoline , telephone service or Bond no obligation to make payments to , give notices on behalf of, rental equipment used in the Construction Contract , architectural or otherwise have obligations to Claimants under this Bond . and engineering services required for performance of the work of 10 The Surety hereby waives notice of any change , including changes the Contractor and the Contractor' s subcontractors , and all other of time , to the Construction Contract or to related subcontracts , pur- items for which a mechanic' s lien may be asserted in the jurisdic- chase orders and other obligations. tion where the labor, materials or equipment were furnished . 11 No suit or action shall be commenced by a Claimant under this 15 . 2 Construction Contract: The agreement between the Owner Bond other than in a court of competent jurisdiction in the location and the Contractor identified on the signature page , including all in which the work or part of the work is located or after the expiration Contract Documents and changes thereto . of one year from the date ( 1 ) on which the Claimant gave the notice required by Subparagraph 4. 1 or Clause 4. 2 .3 , or (2) on which the last 15 . 3 Owner Default : Failure of the Owner, which has neither been labor or service was performed by anyone or the last materials or remedied nor waived , to pay the Contractor as required by the Con - equipment were furnished by anyone under the Construction Con - struction Contract or to perform and complete or comply with the tract, whichever of ( 1 ) or (2 ) first occurs . If the provisions of this other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS : ( Space is provided below for additional signatures of added parties , other than those appearing on the cover page . ) CONTRACTOR AS PRINCIPALSURETY (Corporate Seal ) Company : ( Corporate Seal ) Company : Signature : Signature : Name and Title : Name and Title : Address : Address: Page 2 of 2 * * Old Republic Surety Company * • 1025 South Semoran Blvd . , Suite 1085 , Winter Park , FL 32792 OLD REPUBLIC * * (800)-277-2663 ) DATE : 04 /08 /04 Old Republic Insurance Company ( Old Republic) as agent for: Old Republic Surety Company , Bituminous Casualty Corporation , and International Business & Mercantile REassurance Co. TO BE ATTACHED TO AND FORM PART OF CONTRACT BOND NUMBER : 02N540927 PRINCIPAL: Underground Utilities , Inc . OBLIGEE : Indian River County Board of County Commissioners RIDER - POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Rider has been provided to Principal and Obligee . Coverage for acts of terrorism is included in the captioned bond . You should know that, effective November 26 , 2002 , under that bond , any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula , the United States pays 90 % of covered terrorism losses exceeding the statutorily established deductible paid by Old Republic. The established annual deductible is equal to 7 % of the prior years direct earned premium written by Old Republic for losses incurred in 2003 , 10% for losses incurred in 2004 , and 15 % for losses incurred in 2005 . Payment for a loss will not exceed the limit of liability under this bond . This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond . As defined in Section 102( 1 ) of the Terrorism - Risk Insurance Act of 2002 , a certified "act of terrorism" means 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 , to be an act of terrorism . To be certified , the act of terrorism must be : 1 ) a violent act or an act that is dangerous to human life , property , or infrastructure; 2 ) have resulted in damage within the United States , or outside the United States in the case of an air carrier or vessel , or the premises of a United States mission ; and 3) 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 . You have a right to purchase insurance coverage for losses arising from terrorism , or you may choose to reject the purchase . SELECTION OR REJECTION OF TERRORISM INSURANCE COVERAGE The premium you have been charged for this bond includes terrorism coverage , for a premium of $ 7 . 00 which you must pay within 30 days of this offer. THE PREMIUM CHARGED FOR THIS COVERAGE DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT . Note : If you reiect the coverage, you must check the box below, sign this form and return it to the address shown above . The premium will be credited ❑ I hereby elect to have the exclusion of terrorism coverage apply to this bond . I understand that I will have no . ' . coverage for losses arising from acts of terrorism . +" ' The undersigned agrees that this election will apply only to this bon l 's James E . Lee BonO gee ' s Signature 0 , , Vice President - Old Republic Insurance Company ,.� c war \. President - Old Republic Surety Company Print Name , a Vice President - Bituminous Casualty Corporation Vice President - International Business & Mercantile REassurance Co . Date ORSC 22836 ( 1 /2003) Attach to all contract bonds as a cover page. I IIII* � * OLD REPUKIC 11I** * * * Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS : That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation , does make, constitute and appoint: JAMES E . DICKMEYER OF STUART , FL its true and lawful Attorney(s)-in- Fact , with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto ( if a seal is required) , bonds, undertakings, recognizances or other written obligations in the nature thereof, 'r✓ 'Zee t^t n ba! ', bsnJs . bar � depcsitcry bonds, mortgage deficiency bonds , mortgage guaranty bonds . guarantees of installment paper and note guaranty bonds . s ^surance \, �crkers compensation. bonds guaranteeing payment of benefits , asbestos abatement contact bonds, waste mar agement bonds , hazardous r ante ren^ ediaticn borescr black Lung bends, , as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF TWO MILLION DOLLARS ( $ 2 , 000 , 000 ) - - - - - - - - - - - - = - - - - - - - - - - - - FOR ANY SINGLE OBLIGATION , REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION . and to bind OLD REPUBLIC 'SURETY COMPANY thereby, and all of the acts of said Attorneys,- in -Fact , pursuant to these presents , are ratified and confirmed . This document is not valid unless printed on colored background and is multi -colored . This appointment is made under and by authority of the board of directors at a special meeting held on February 18 , 1982 . This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18 , 1982 . RESOLVED that , the president , any vice- president , or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys- in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case , for and on behalf of the company to execute and deliver and affix the seal of the company to bonds , undertakings , recog - nizances , and suretyship obligations of all kinds ; and said officers may remove any such attorney - in - fact or agent and revoke any Power of Attorney previously granted to such person . RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall bevalid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed ( if a seal be required) by any secretary or assistant secretary; or (i i) when signed by president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent ; or (iii ) when duly executed and sealed (if a seal be required) by one or more attorneys- in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER,that 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 affixed . IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 15TH day of APRIL 2003 OLD REPUBLIC SURETY COMPANY V � `0OJG SURET` 4 J� ° ! ? � oowvowrE O SEAL un r Assistant Secre ry President STATE OF WISCONSIN , COUNTY OF WAUKESHA - SS On this 15TH day ofAPRIL 2003 personally came before me , JAMES E . LEE and DAVID G . MENZEL to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument , and they each acknowledged the execution of the same , and being by me duly sworn , did severally depose and say ; that they are said officers of the corporation aforesaid , and that the seal affixed to the above instrument is the seal of the corporation , and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation . feel NOTARY •,. . p =- Notary Public N pUB%-,o y= - 02 / 13 / 2005 °F WIS My commission expires : CERTIFICATE I , the undersigned , assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation , CERTIFY that the foregoing and attached Power of Attorney remains in full. force ' and has not been revoked ; and furthermore , that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force . 92 - 2465 in,^SURFry 4,, 2004 Signed and sealed at the City of Brookfield , WI this a8 day of April , g3 : tin DICKMEYER ANDY : THE /✓+1�/ fill filet t cretary ORSC 22262 ( 1 /97) tl:. . .. . . . \ Y 1 Al 1 .♦ WP t , i 4 ( 1 ' 11' $ AJ ! � .� YYf } /l lBY I ' ,'; 5I 4 .1 1 Y ` . y}�/ L•�� '1" V ` M \ . / i 1• ',v :: � l l 1 • r { !l . 11 W r T � � �I .� ♦ F - � fl � rt SK• • • l�.li�Vl At{" ♦ "` I� . y S{ 1.• u r • J• a t• .� `4 l 9 f ,�/Wi ,. 1 ' r i ♦' .Tv (+Vyo 9 ,n ) �' �;, . r 1 , •"" y •( `" I A . \ . y r.n:rt.0 J"w•. • �' yt ''• w'a: (.1-. .. v.•,¢ ,. `:A1n11'^'. . lu.t .. ..w � (A. .l: , i...l+� � � \:'i :'., .t 1 . • ' • ♦ . • wil . r . r . • . MAI IM A - • • � < • • • 1 - ., . 21ST sTntv, six . , . . MM , . . dl `YtV:a.Fn. .�<t...•.,`\ . ' +..: ]�,.. 3«1" ' 1 / .. r r* .... p . Y r ,ti. < ki'!.'M � 'C1S✓ r a ' r-.,�..a.....yt e e 'r^ , mr 1•'v . }..5.•w.s' ..Vt4\ ka °yA Mirr,"'-: I ll. :♦ Y •t . . ".+r�.lf .'. r. ,♦:T:i✓. r H" (�" ': . :.; .. n✓ I.♦ W • ZZ •h:ja iM-ftW�UWUXU MlAila • ♦ ► • • • rs • • • • • J 1 • ' • .. • - • • - � • v " L • :• r,xc *A269089 swil" BLVD . , Not IRM . Acer . moffox astoxwt r ■ -it . ' r ♦. a • ■ • o •I Bt 1 •. if •-f. .vly+.rrcr.. tyti•.{{ .za.. I^irm •'t. .^. ` Y - •, ..y. h .Ll pi, r .t. �: > •�Y+•, • . . fr {y- - Iw.? r'�:.wn•' ,.a �>r�1^µ^^T y:l.,,�. yita.�!C♦4 T• r". . y. � l,�.� . . I�".1 . rah • .. : �• u1 •r'fa rCwr:r w.. . -.4 a....: ST t . (:41. At . �. •..�:• T .. 1 ill . ' • • . •wr . _ <'�I*lr'+y .rtY ML " � 0♦"• V h'�I�� . . Jul j!:{l.• u7•. 1 • T • 1 %66666666 jip`P.ii.0 � 1....r.1.... .�.wr! inn` 1 7 .l . y `•i- - " e . w ( '. :�5 ( .ka-}'/ M ♦ Y,: . }': y i � Yf .i • ) ', w WI:Ln•w(. 'nn nM.[�il.T.' .J.�.... .. .n'\i•i 'l. W� SN• ,�., ..7L..._� .r. .. .SY •.•.n.:.Cluvlu•..y +".. , :::.•. ]v S' ....: :..—n. vu»3J.)fk. �. - n • n ) •�•AJh� � BOARD OF COUNTY COMMISSIONERS J pr AI� y I:, T April 6 , 2001- VIA OVFR.NiGifr DF. .t.1VERY lvh-. George F . French , Underground Utilities , Inc . 390 21 " Street SF Vero Beach , FA .. 32462 NOTICE OF AWARD Reference : Indian River County Bid # 6051 Van Bergen & Hendry' s Water Assessment. Fear Mr. French , I am pleased to inform you that on April 6 , 2004, the Board of County Commissioners awarded the above referenced project to your company . The fallowing documents are required before the: applicable County department can issue a "Notice to Proceed " letter. 1 . Performance Band in the amount of 1251% of the contract amount . ($ 33 , 825 . 00) 2. Paye enl Bond in the amount of 100 % of the contract amount. ($27 ,060 .{)A) 3 . Certificate of Insurance. must name Indian River County as an additional insured and must provide for a 30 clay Notice of Cancellation . In accordance with section 255 .05( 1 )(a), Florida .Statutes , you are required to execute and record a Perfonivance Bons[ and a Payment Bond for the above referenced project. The fee schedule at. the Recording Office of the Clerk of the Court is as follows : + $6 .00 for the fi rst page $4 . 50 for each additional page And/or exhibit + Two sided copy will be, charged as two exhibits Please submit the Bonds and the Certificate of Insurance to the address provided below along with a check mach: payable to J .K . Barton , Clerk of the Court for recording fees to this office no later than April 19, 2004, Failure to comply with the established deadline for subnuttal of required documents may be grounds fo cancellation of the award. In addition, enclosed are two copies of the Agreement . Please execute hath copies and sit them1with the required bonds and Certificate of Insurance `thank you for your prompt attention and if you have any gctestions, please do not hesitate to contact our offices. Since rely, — a Fran Powell , Purchasing Manager cc : Gordon Sparks, Utilities Department General Services Depad.ment • Purr.hav rig firvislara 2625190` # verjue Vero Beach, rJortda 32960-333.5•(772) 567-8t3{?E) Ext_ 1416*lrax: (772) 770} 5140 "snail : purchasing 01regov.com