Loading...
HomeMy WebLinkAbout2003-167 w g" SECTION 00530 - EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE WHIPPOORWILL ESTATES SUBDIVISION WATER ASSESSMENT PROJECT BID NO . 5072 WIP NO. 473-169000-02520 . 00, UCP No . 2178 , THIS AGREEMENT, dated the ' 3 dayof in the year 20 by and between Indian River County a politi I subdivi ion of the tate of Florida (hereinafter called OWNER) and fa n- (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 800 LF of 6" PVC water main , 6" HDPE Canal Crossing , 120 LF of 4" PVC water main , 240 LF of 2" PVC water main , 1 Fire Hydrant Assembly and 16 single water services on 62nd Court in Vero Beach , 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 and 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 and/ or C -909 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 $ SD , O o 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\WHIPPOORWILL ESTATES WATER ASSESS . RE-BID as Bid No 5072\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 1.5 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 .1.6, 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 . (c) From 4E calendar days to 0 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\WHIPPOORWILL ESTATES WATER ASSESS . RE-BID as Bid No 5072\BID DOCUMENTS\00530 EJCDC - REVISED (per Marion ) Agreement between Owner and Contractor.doc L 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 $ 4A5. 56 7 , 06 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\WHIPPOORWILL ESTATES WATER ASSESS . RE-BID as Bid No 5072\13ID 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 SC4. 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 00530-4 • F:\Utilities\UTILITY - ENGINEERING\Projects - Assessment Projects\WHIPPOORWILL ESTATES WATER ASSESS . RE-BID as Bid No 5072\BID DOCUMENTS\00530 EJCDC - REVISED (per Marion) Agreement between Owner and Contractor.doc • ` a 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 TECntts Water and Wastewater 11tility Standard; aannary 1997 or latest version . 8 . 7 Drawings , inclusive with each sheet bearing the following general title title "WHIPPOORWILL ESTATES SUBDIVISION WATER ASSESSMENT PROJECT" 8 . 8 Addenda numbers to , 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 . 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\WHIPPOORWILL ESTATES WATER ASSESS . RE-BID as Bid No 5072\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 , assign and legal representatives to the other party hereto , its partners , successors , assign and legal representatives in respect of all covenants , agreements and obligations contained in the Contract Documents . 9A 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 The laws of the State of Florida shall govern this agreement . 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 . 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 their behalf. This Agreement will be effective on G S , 2003 . OWNER CONTRACTOR Indian River County TRI - SURE CORP ON B BY �� enneth R . acht, Chairman ASON CHAMBERS , VICE PRESIDENT BCC Approved : J11 A� L 5 , 2003 (CORPORATE SEAL) Attest:C � Attest: 90" Clerk of th Cir urt Glenda M . Chambers , Secretary By: z� - Deputy Clerk 00530-6 F:\Utilities\UTILITY - ENGINEERING\Projects - Assessment Projects\WHIPPOORWILL ESTATES WATER ASSESS . RE-BID as Bid No 5072\13ID DOCUMENTS\00530 EJCDC - REVISED (per Marion ) Agreement between Owner and Contractor.doc Approved By: App 77d to Formoe 100 S ciency: �'-�--- 1 mes E . Chandler, County Administrator n Attor ey Address for giving notices Address for giving notices 1840 25th Street P . 0 . Box 653 Vero Beach , Florida 32960 Auburndale , F1 33823 License No . micro 40079 Agent for service of process : James H . Chambers ( If CONTRACTOR is a corporation , attach evidence of authority to sign ) END OF SECTION 00530-7 F:\Utilities\UTILITY - ENGINEERING\Projects - Assessment Projects\WHIPPOORWILL ESTATES WATER ASSESS . RE-BID as Bid No 5072\13ID DOCUMENTS\00530 EJCDC - REVISED (per Marion ) Agreement between Owner and Contractor.doc Construction Performance Bond BOND NO : FL 6009 SECTION 00610 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 . O . Box 653 P . O . Box 26720 Auburndale , FL 33823 Austin , TX 78755 - 0720 ( 863 ) 967 -5506 800 - 252 - 9656 OWNER (dame and Address ) : Indian River County , a Political Subdivision of the State of Florida 1840 25th Street Vero Beach , Florida 32960 ( 772 ) 567 - 8000 CONSTRCTI N CONTRACT Date : / sj C,O Amoun : $ 5 , 507 Description ( Name and Location) : Whippoorwill Estates Water Assessment Project IRC Bid # 5072 - Indian River County , FL BOND _ Date ( Not earlier than Construction Contract Date ) : Amount: $ 56 , 883 . 75 Modifications to this Bond Form: CONTRA R AS PtNA SURETY Company ( Corp . Seal) Company : (Corp . Seal) Tri - Sure rporaMerchants B nding Company Sienature : Si¢rtature : Name an i le : TAsa � Cl� �, 6eRs Name and T` e :- Joseph W . LoPresti U ; t-4L PR.s ;ALnr Attorney -,in- Fact and Florida Resident Agent Inquiries : ( 813 ) 226 - 1321 CONTRACTOR AS PRINCIPAL SURETY Company : ( Corp . Seat) Company : ( Corp . Seal) SiQnaturc : 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 Amerie:n institute of Architects . 1 ' The Contractor and :he Surety , jointly and severally , bind themselves . 6 . After the Owner has terminated the Contractor s nant to cornpte : : enc their heirs , executors . administrators . successors and assigns to the Owner Cunstruetion Contract . and if the Surety elects to act under Suboarzerapn for the performance of the Construction Contract . which is incorporated 4 . 1 . 4 2 . or 4 .3 above , then the responsibilities of the Surety to the Owner herein by reference . shall not be greater than those of the Contractor under the Construction '- . If the Contractor performs the Construction Contract . the Surety and Contract, and the responsibilities of the Owner to the Surcty snail 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 tictpate in conferences as provided in Subparagraph 3 . 1 . Irma of the amount of this Bond. but subject to commitment by the Owner 3 . 1 ( there is no Owner Default , the Surety ' s obligation under this Bond of the Balance of the Contract Price to mitigation of costs and damaecs shall arise after. on the Construction Contract , the Surety is obligated without duplication for 3 . 1 . The Owner has notified the Contractor and the Surety at is address 6 . 1 . The responsibilities of the Contractor for correction of defective described in Paragraph 10 below , that the Owner is considering work and completion of the Construction Contract : declaring a Contractor Default and has requested and attempted 6.2. .4dditional legal . to arrange a conference with the Contractor and the Surety to be ga design professional and delay costs resultina held not later than fifteen days after receipt of such notice to from the Contractor ' s Default , and resulting from the actic .wis or discuss methods of performing the Construction Contrasfailure to act of the Surety under Paragraph 4 : and. if the 6 .3 . liquidated damages , or if no liquidated damages are specified in Owner. the Contractor and the Surety agree , the Contractor shall the Construction Contract, actual damages caused by de:aycd tract, allowed a reasonable time to perform the Construction Con- performance or non-performance of the Contractor . but such agreement shall not waive the Owner' s right. if The Surety shall not be liable to the Owner or others for obligations of any , subsequently declare a Contractor Default: and the Contractor that are unrelated to the Construction Contract, and the 3 .= . The Owner has declared a Contractor Default and formally ter- Elie of the Contract Price shall not be reduced or set off on account minted the DefaulContrt hall right a complete the contract. Such of any such unrelated obligations. No right of-action shall accrue on this . Contractor Default shall not be declared earlier than twenty days Bond to any person or entity other than the Owner or its heirs , executors , after the Contractor and the Surety have received notice as pro- administrators. or successors. vided in Subparagraph 3 . 1 ; and &. The Surety hereby waives notice of any change , including changes of 3 .3 . The Owner has agreed to pay the Balance of the Contract Price time. to the Construction Contract or to related subcontracts , purchase to the Surety in accordance with the terms of the Construction orders and ocher obligations. Contract or a a contracaccordance i selected m perform the Construction 9 Any proceeding, legal or equitable , under this Bond may be instituted Contract in accordance with the terns of the contras with the in any court of competent jurisdiction in the location in which the work Owner. or part of the work is located and shall be instituted within two years after 4 . When the Owner has satisfied the conditions of Paragraph 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 ing or within two years after the Surety refuses or fails to perform its actions: 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 corn- 11 . When this Bond has been furnished to comply with a statutory or pletion of the Construction Contract, arrange for a contract to be other 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 incorporated herein. The intent is that this Bond shall be construed as a Owner the amount of damages as described in Paragraph 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 12. 1 . Balance of the Contract Price: The total amount payable by the 4 . 4 . Waive is right to perform and complete, arrange for completion, Owner to the Contractor under the Construction Contract after or obtain a new contractor and with reasonable promptness under all proper adjustments have been made, including allowance to the circumstances: the Contractor of any amounts received or to be received by 1 . After investigation. determine the amount for which it may be the Owner in settlement of insurance or other claims for dam- liable to the Owner and. as soon as practicable after the amount ages to which the Contractor is entitled. reduced by all valid is determined , tender payment therefor to the Owner, or and proper payments made to or on behalf of the Contractor 2. Deny liability in whole or in part and t;a::1 06 "ac Owner citing under the Construction Can==# reasons therefor. 12?' Construction Contract-. The agreement between the Owner and S . If the Surety does not proceed as provided in Paragraph 4 with reason- the Contractor identified on the signature page , including all able promptness , the Surety shall be deemed to be in default on this Bond Contraef Documents and changes thereto . fifteen days after receipt of an additional written notice from the Owner 123 . Contractor Default: Failure of the Contractor, which has neither to the Surety demanding that the Surety perform its obligations under this beim 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 . P . O . Box 1229 Tampa , FL 33601 - 1229 ( 813 ) 226 - 1321 j Construction Payment Rand BOND N0 : FL 6009 SECTION 00620 Any singular reference to Contractor , Surety , Owner fir other party shall be considered plural where appiicable . CONTRACTOR ( Name and Address ) : SURETY (Name and Principal Place of Business ) : Tri - Sure Corporation Merchants Bonding Company P . O . Box 653. P . O . Box 26720 Auburndale , FL 33823 Austin , TX 78755 -0720 ( 863 ) 967 - 5506 800 - 252 - 9656 anl Ra00is449Ck OWNER (Name and Address ) : C4gdme Indian River County , a Political Subdivision of the State of Florida 1840 25th Street '. Vero Beach , Florida 32960 ( 772 ) 567 - 8000 CONST R CTI N CONTRACT Dace : Amou : $ 52507 . Description (Name and Location) : Whippoorwill Estates Water Assessment Project IRC Bid # 5072 - Indian River County , FL BOND Date (Not earlier than Construction Contract Date) : ?. mount : $ 45 , 507 . Modifications to this Bond Form: This bond incorporates all the requirements of Section 255 . 05 , Florida Statutes , by reference as to all Not-ice and Time Limitations provided therein . The bond shall be considered a Statutory Bond and not a Common Law Bond . CONTRACTOR AS PRIt I L SURETY Company : (Corp . Seal) Company : ( Corp . Seal) Tri - Sure rporat ' Merchants Bo ding Company Signature : Signature : Name and itl TA56 ✓) C1,AmbeO Name and 't'itl . Joseph W . LoPresti ux< to2caiwe 10' Attorney- in- Fact and Florida Resident Agent Inquiries : ( 813 ) 226 - 1321 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 . u 1 . the tontractor and the Suretv . jointIv and severally . bind themselves . and to satisfy claims . if any , unser any (: instruction Penm Orancc Bond . their heirs . executors . administrators . auecessors and assigns to the Owner By the Contractor furntshtns and the Owner accepting this Bond , they to pay for labor . materials and equipment furnished for use in the pertor• agree that all funds earned by the Contractor , n 11c perfnrmanee of the mance of the Construction Contract . which is incorporated hereat by Construction' Contract are dedicated to satisfyga ooitttoas of the Con _ reference . tractor and the Surety under this Bond . subject to the Owners pncrr.r =. With respect to the Owner, this obligation shall be null and void if the to use the funds for the completion of the work. Contractor. 9 . The Surety shall not be liable to the Owner. Claimants or others for _ . 1 . Promptly makes payment . directly or indirectly . for all sums due obligations of the Contractor that ars unrelated to t:sc Construction Con- Claimants . and tract. The Owner snail not be liable for payment of any costs or expenses 12, Defends , indemnifies and holds harmless the Owner from all claims . of any Claimant under this Bond . and snail have unser this Bond no demands , liens or suits by any person or entitywho fumisned obligations to make payments to , give notices on eenalf of. or otherwise labor . materials or equipment for use in the performance of the have obligations to Claimants under this Bynd . Construction Contract. provided the Owner has promptly notified 10. The Surety hereby waives notice of any change . including changes of the Contractor and the Surety ( at the address described in Para- time, to the Construction Contract or to related Subcontracts. purchase graph 12) of any claims, demands . liens or suits and tendered orders and other obligations, defense of such claims. demands. liens or suits to the Contractor 11 . No suit or action shall be commenced by a Claimant under this Bond and the Surety , and provided them is no Owner Default. ocher than in a court of competent jurisdiction in the loauon in which the 3. With respect to Claimants , this obligation shall be null and void if the work or pan of the work is located or after the expiration of one year, Contractor promptly makes payment, directly or indirectly , for all sums from the date ( 1 ) on which the Claimant gave the notice required by due . Subparagraph 4 . 1 or Clause 4 .2 (its), or ( _) on which the last labor or A . The Surety shall have no obligation to Claimants under this Bond until: service was performed by anyone or the last materials or equipment were 4 . 1 . Claimants who are employed by or have a direct contract with furnished by anyone under the Construction Contract, whichever of ( 1 ) the Contractor have even notice to the Surety (at the address or (2) fust occurs. If the provisions of this Paragraph am void or prohibited described in Paragraph 12) and sent a copy , or nouce thereof, to by law . the minimum period o: limitation available to sureues as a defense the Owner, staung that a claim is being made under this Bond in the jurisdiction of the suit shall be applicabk. and, with substantial accuracy , the amount of the claim 12, Notice to the Surety , the Owner or the Contractor shall be mailed or 41. Claimants who do not have a direct contract with the Contractor. delivered w the address spown on the signature page. Actual receipt of 1 . Have furnished written notice to the Contractor and sent a notice by Surety, the Oester or the Contractor, however accomplished, copy , or notice thereof, to the Owner, within 90 days after shall be sufficient compliance as of the date received at the address shown having last performed labor or last furnished materials or equip- no the signature page, ment included in the claim stating, with substantial accuracy , 13. When this Bond has been furnished to comply with a statutory or the amount of the claim and the name of the party to whom other legal requirement in the location where the construction was to be the materials were furnished or supplied or for whom the labor pe, formed. any provision in this Bond tmndictirtg with said statutory or was done or performed : and legal requirement shall be deemed deleted herefrom and provisions con- t. Have either received a rejection its whole or in part from the Contractor, or not received within 30 days of furnishing the forming to such statutory The to other legal re and shagment shall st deemed above notice any communication from the Contractor by which incorporated rabo herein. The intent m that this bond: shall be construed as a the Contractor has indicated the claim will be paid directly or statutory bond and not u a common law bond; indirectly: and 14. Upon request by any person or entity appearing to be a potent;e 3 . Not having been paid within the above 30 days, have sent a beneficiary of this Bond, the Contractor shall promptly furnish a ccpyq written notice to the Surety (at the address described in Para- this Bond or shall permit a copy to be made, graph 12) and sent a copy, or notice thereof, to the Owner, 13. DEFINMONS sating this a claim is being made under this Bond and enclosing 15, 1 , Clainsanc: An individual or entity having a direct contract with a copy of the previous written notice furnished to the Cosa the Contractor or with a subcontractor of the Contractor_ to tractor, furnish labor, materiah or equipment for use in the performance S. If a notice required by Paragraph 4 is given by the Owner to the of the Contract. The intent of this Bond shall be to include without Contractor or to the Surety, that is srAcient tmmplianee. limitation in the terms "labor. materials or equipment " that part 6. When the Claimant has satisfied :he conditions of Paragraph 4 , the of "'ate• gat • power• light, heat, W. gasoline, telephone service Sures shall promptly and at the Stiret s es or rental equipment used in the Construction Contract. architec- t P p Y Y pease take the folbwing actions: rural and engineering services required for performance of the work of the Contractor and the Contractor' s subcontractors, and 6. 1 . Send answer to the Claimant: with a copy the Owner. within all ocher items for which a. mechanic ' s Lich may be asserted in 43 daysys after receipt of the claim, stating the amounts that are the jurisdiction where the labor, materials or equipment were undisputed and the basis for challenging any amounts that are furnished. disputed. 6 .2. Pay or arrange for payment of any undisputed amounts . 1311 Construction Contract: The agreement between the Owner and the Contractor identified on the signature . page . including all 7. The Surety ' s total obligation shall not exceed the amount of this Bond. Contract Documents and changes thereto . and the amount of this Bond shall be credited for any payments made in 15 .3 . Ovnwr Default: Failure of the Owner , which has neither been good faith by the Surety . remedied nor waived , to pay the Contractor as required by the g. Amounts owed by the Owner to the Contractor under the Construction Construction Contract or to perform and complete or comply Contract shall be used for the performance of the Construction Contract 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 . P . O . Box 1229 Tampa , FL 33601 - 1229 813 - 226 - • Merchants Bonding Company (Mutual) POWER OF ATTORNEY Band 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 Attorney-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 •• ���NG COA•• MERCHANTS BONDING COMPANY (MUTUAL) ;00 .ORPOq • . 9 . • = • co • • Fes : _ - O - ^ • 1933 c: B ez 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 swom 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 . • • • • • • . ? • 0o ORP � gq ' �y: Secretary G � . ,c • C17: _ - o - �^ • dro 1933 0 c ' MSC 0814 ( 9/02 ) �' • '.'��!' {z ' `� . •• A4CORpM CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY) 07/25/2003 PRODUCER ( 863 ) 688 - 5495 FAX ( 863 ) 688 - 4344 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Herndon & Associates Insurance , LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 91 Lake Morton Dr . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, P 0 Box 3608 Lakeland , FL 33802 INSURERS AFFORDING COVERAGE NAIC # INSURED Tri - Sure Corporation INSURER A: Southern Owners Insurance Co P 0 Box 653 INSURERS: Auto Owners Ins Co Auburndale , FL 33823 INSURER C : Ohio Casualty INSURER D: Bridgefield Employers Ins Co INSURER E: Great American Inland Marine COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINI ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . iLT R , rRAL E OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE IMM DATE imminghm LIMITS BILITY 20607135 46 10/01/2002 10/01/2003 EACH OCCURRENCE $ 1 , 000 , 00 CIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50 , 00 IMS MADE OCCUR MED EXP (Any one person) $ 5100 A PERSONAL & ADV INJURY $ 10000200 GENERAL AGGREGATE $ 2 , OOO , OO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 210000000 POLICY PRO- JECT LOC AUTOMOBILE LIABILITY 43042761 00 10/01/2002 10/01/2003 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1 , 000 , 00 ALL OWNED AUTOS BODILY INJURY $ B SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X $NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY BX052883 5 54 10/01/2002 10/01/2003 EACH OCCURRENCE $ 20000 , 000 X OCCUR F1 CLAIMS MADE AGGREGATE $ 290009000 C $ DEDUCTIBLE RETENTION $ $ ::'c ;:e:^.0 cc?r.?E sAT10!: At ;� 83027986 10/25 /2002 10/25/2003 WCSTATU- OTH- T VII } C EMPLOYERS' LIABILITY _. D ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ SOO , OO Oyes, describe and EXCLUDED? E.L. DISEASE - EA EMPLOYE $ 5009000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 5000000 ented/ Leased IMP1764624 10/01/2002 10/01/2003 $ 2009000 E Equipment $ 2500 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS E : Whippoorwill Estates Water Assesment Project IRC Bid # 5072 ° 10 Days notice given for cancellation for nonpayment of premium Indian River County is named as additional insured with regards to the General Liability and Automobile Liability CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 " DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Indian River County BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 2625 19th Avenue OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Vero Beach , FL 32960 AUTHORIZED=REPRTATIVE ACORD 25 (2001 /08 ) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED , the policy(ies ) must be endorsed . A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s ) . If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s ). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s) , authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend , extend or alter the coverage afforded by the policies listed thereon . ACORD 25 (2001 /08)