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HomeMy WebLinkAbout2008-146.5 �a SECTION 00530 - EJCDC aoQB- /Z7� STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT ("Agreement' or "Contract"), dated the /3 ?� day of A&�Jl In the year 20()�by and between Indian River County, a political subdivision of the ttate of Florida (hereinafter called OWNERIand t (hereinafter called CONTRACTOR). Young's Communications Co., Inc. OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 WORK CONTRACTOR as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material, and equipment to perform the work as specified or indicated in the Contract Documents. The work is generally described as follows: A. CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows which shall include, but is not necessarily limited to the following. Furnish and install approximately 900 feet of 6" PVC water main, 50 feet of 6" Directional Drill DR11 HDPE water main, 500 feet of 4" PVC water main, 200 feet of 2" PE water main, 80 feet of driveway bores, 2 fire hydrants, 1600 feet of lawn restoration and 28 residential water services on 281h Court, 29th Court and 70"' Place, north of North Winter Beach Road (69"' Street) in Indian River County. ARTICLE 2 ENGINEER The project has been designed by Gordon E. Sparks, P.E., hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIME 3.1 The CONTRACTOR shall be substantially completed with the following timeframe (a) Within 15 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be utilized in the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Submit and secure approval of shop drawings. 6. Mobilize all labor, equipment, and materials. 00530-1 H\Projects\0741\Bidding Contract Specitications\Spec Template\2007100530Wgreement between Owner Contractor Rev. 012507.doc 7. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating construction. (b) From 16 calendar days to 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 46 calendar days to 60 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. ARTICLE 4 CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $ 51 , 21 7. 00 ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in 00530-2 H\Projects\0741\Bidding Contract Specifcations\.Spec Template\2007\00530Wgreement between Owner Contractor Rev. 012507.doc accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. r.,eq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.2 Pay Requests. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR's certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.3 Paragraphs 5.1 and 5.2 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment. 5.5 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and 00530-3 H\Projects\0741\Bidding Contract Specifications\Spec Tennplate\2007\00530\Agreement between Owner Contractor Rev. 012507.doc all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the. CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. ARTICLE 6 INTEREST Not Applicable. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SC -4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and fumish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 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 HTrojects107410dding Contract SpecificationslSpec Templatet2007100530\Agreement between Owner Contractor Rev. 012507.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 Payment Bonds (Sections 00610 and 00612). 8.3 Notice of Award and Notice to Proceed (examples in Section 00800). 8.4 General Conditions (Section 00700). 8.5 Supplementary Conditions (Section 00800). 8.6 Specifications bearing the title "Indian River County Department of Utility Services Water & Wastewater Utility Standards, July 2007" or the latest version thereof. 8.7 Drawings, inclusive with each sheet bearing the following general title "Winter Grove Subdivision Water Assessment Project" 8.8 Addenda numbers 1 to xx inclusive. 8.9 CONTRACTOR'S Bid (Section 00300). 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 3.04 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 3.04 of the General Conditions. ARTICLE 9 MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto. 00530-5 H\Projects\07411Bidding Contract Specifications\Spec Template\2007\00530\Agreemenl between Owner Contractor Rev. 012507.doc 9.3 OWNER and CONTRACTOR each bir,ds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 9.5 This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.6 CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its agents, engineers, employees, elected officers and representatives, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the work under this Agreement. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. The indemnification is limited to $5 million per occurrence. 9.7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. 9.8. Countemarts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 9.9. Public Records. The OWNER and the CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. (Remainder of This Page Intentionally Left Blank) 00530-6 H\Projects\0741\Bidding Contract Specifications\Spec Templatex2007\00530 Agreement between Owner Contractor Rev. 012507.doc IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement the day and year first written above. This Agreement will be effective on V ✓��, OWNER Indian River Coun Board of County Commit io ers By: Sandra L. Bowden, Chairman Attest: J. K. B rtonlClerk bf the C uit ourt By; - DeTuty Clerk as to Form and Legal Sufficiency: �� unty Attorney Address for giving notices 1801 27"' Street Vero Beach, Florida 32960 CONTRACTOR .'ounq is Communica By: Steve Co., Inc. esident DRPORATE SEAL) Karl"Morrison, Construction Manager Address for giving notices 424 West Drive Melbourne, Florida 32904 License No. CU -0057425 END OF SECTION 00530-7 HTrojects\0741\Bidding Contract Specifcations\Spec Template\2007\00530\Agreement between Owner Contractor Rev. 012507,doc AC -ORD. CERTIFICATE OF LIABILITY INSURANCE OF ID DATE(MWDOIYYYY) PRODUCER YOUCO01 05/20/08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HSH Ins 6 Bonds of Brevard LLC 400 High Point Dr, Suite 200 Cocoa FL 32926 MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone:321-639-3055 Fax:321-639-2077 INSURERS AFFORDING COVERAGE NAIC# INSURED INSRE INSURERA. crwo L Forster spec Co/A-XIII POLICY NUMBER 44520 Young's Communications CO. Inc Attu: Curtis Tiegs 424 West Drive Melbourne FL 32904 INSURERS: United states Fire Ina/ A -XIII 21113 INSURERC Nortn River ins co / A -XIII 21105 INSURER D: Aneriaure NCty i Ins co /A X 23396 INSURER E: Famral insurance co. / Ai.XY 20281 EACH OCCURRENCE THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSIT 111001 LTR INSRE TYPE OF INSURANCE POLICY NUMBER DAM IOLIOMMIDpIYY DATE MMIOD/YY LIMITS GENERAL UABIUTY EACH OCCURRENCE $1,000,000 A X COMMERCIALGENERALLIABILITY GLO-101405 08/01/07 08/01/08 PREMISEs(Eaoepaence) $500,000 CLAIMS MADE a OCCUR MED EXP (Airy one person) $ Excluded X Waiver of Sub. PERSONAL B ADV INJURY $1,000,000 X Blanket Addl Ins d GENERAL AGGREGATE $21000,000 GEN'L AGGREGATE LIMIT APPUES PER: PRODUCTS - COMP/OP AGG $1,000,000 POLICY X PECOT LOC Em Ben. 11000,000 AUTOMOBILE LIABILITY B 133-724071-8 08/01/07 08/01/08 COMBINED SINGLE LIMIT (Ea acdIJenp $ 1 000 QQQ AUTOS BODILY INJURY $ ALTOS (Per Pelson) S LNON�WNEDAUTOS BODILY INJURY $ (Peracdaent) PROPERTY DAMAGE $ (Per aeddenl) GARAGE LIABILITY AUTO ONLV - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ $ AUTO ONLY: AGG EXCESSN UL MBRELLIABILITY EACH OCCURRENCE $41000,000 X C OCCUR CLAIMS MADE 533 0902462 08/01/07 08/01/08 AGGREGATE $4,000,000 DEDUCTIBLE X RETENTION $ 0 $ WORKERSCOMPENSATIONANDX X D EMPLOYERS' LIABILITY TORY LIMITS ER ANY PROPRIETORPARTNEREXECUTIVE WC 2047208 08/01/07 08/01/08 E.L. EACH ACCIDENT $1,0001000 OFFICEPlMEMBER EXCLUDED? H GesOlDe underCIAL E.L. DISEASE - EA EMPLOYEE $ 1 , 000 1 OQ 0 SPEs, PROVISIONS Eelory E. L. DISEASE - POLICY LIMIT $1, 000,000 OTHER E Inland Marine 664-16-36 08/01/07 08/01/08 Lease/Ren $100,000 Leased/Rent Equip. Deduct $1,000 DESCRIPTION OF OPERATIONS l LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Winter Grove Subdivision Water Assessment Project *10 day notice of cancellation for non-payment of premium (FILA I c MULUCK INDIARI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYSWRRTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, RUT FAILURE TO DO SO SHALL Indian River County IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1800 27th Street REPRESENTATIVES. Vero Beach FL 32960 �1 HUCKLEBERRY, SIBLEY HARVEY Insurance & Bonds of Brcyard, LLC 4 :V 1 J111• SECTION 00612 PAYMENT BOND THIS IS AN INSTRUCTION, NOT PART OF THE BOND The bond must state on its front page: the name, principal business address, and phone number of the contractor, the surety, the owner of the property being improved, and, if different from the owner, the contracting public entity, the contract number assigned by the contracting public entity; and a description of the project sufficient to identify it, such as a legal description or the street address of the property being improved, and a general description of the improvement, and the bond number. KNOW ALL MEN BY THErS PRESENTS: B s BY THIS BOND, we YOcations Co,, IWcorporMerrllants aS Principal, and �'-r\S Gw]MnY a sum of �4q,� a S et , a� !el and irmly bound unto the County of Indian River, Florida, in the sum of Sevit �azt3 C Dollars ($ 51,217.Cp amounting to 100% of the total bid price. For the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the 13th day of May 20 Og between the Principal and the County of Indian River, for: entered into Project Name: Winter Grove Water Assessment Project County Project Bid Number: 22008046 County UCP Number: 3013 Project Address: 28`h Court, 29`h Court and 70th Place, north of North Winter Beach Road (69"' Street) - Project Description: A. CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows which shall include, but is not necessarily limited to the following: Furnish and install approximately 900 feet of 6" PVC water main, 50 feet of 6" Directional Drill DR11 HDPE water main, 500 feet of 4" PVC water main, 200 feet of 2" PE water main, 80 feet of driveway bores, 2 fire hydrants, 1600 feet of lawn restoration and 28 residential water services on 28`h Court, 29th Court and 70" Place, north of North Winter Beach Road (69`h Street) in Indian River County. A copy of the Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly make payments to all claimants, as herein below defined, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions: 00612-1 H\Projects\0741\Bidding Contract Specifications\Spec Template\2007\00612\Payment Bond.doc A claimant is defined as any person supplying the Principal with labor; materials or supplies, used directly or indirectly by the Principal in the prosecution of the Work provided for in the Contract, and is further defined in Florida Statutes Section 713.01. 2. Florida Statutes Section 255.05 (2007), as amended from time to time, together with all notice and time provisions contained in subsection (2) of Florida Statutes Section 255.05, is incorporated herein in its entirety by this reference The Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or to the Specifications applicable thereto, shall in any way affect its obligations on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to the work or to the Specifications. The Surety represents and warrants to the County of Indian River that it has a Best's Key Rating Guide, General Policyholder's rating of "A" and Financial Size Category of Class "X". The Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that the County of Indian River sustains because of a default by the Principal under the Contract. IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, this M_ day of 20 08 the name and corporate seal each corporate party being het oto affixed and the rese presents duly signed by its undersigned representative, pursuant to authority of its governing body. 00612-2 MProiects10741%Bidding contract SpecificationslSpec Template120071006121Payment Bond.doc WHEN THE PRINCIPAL IS A CORPORATION: Y 's Catmmicati Secretary Name of Corporatio 4 BY:44) ti� (Affix C porat SEAL t�p Printed Name President Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL I ; cu , certify that I I am the Secretary of the corporation named as Principal in the within b nd; at _ �[vc (J who signed the said bond on behalf of the Principal was then arc!;M�'4 I of said corporation: that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed and attested for and'on behalf of Said corporation by authority of Its governing body. 00612-3 H\Projects\0741\Bidding Contract SpecificationslSpec Tennplate\2007\006121Payment Bond.doc TO BE EXECUTED BY CORPORATE SURETY: Attest: Secretar Mbrctonts Bonding �1par'y y Corporate Surety 2100 Fleur Drive, Des hbines, Iowa 50321 ( tfix Corporate S S¢' Lerd{ ���ta We Wright right Attorney -In -Fact �,�_ huckleberry, Sibley & Harvey ofre Name of Local Agency 400 High Point Drive 02coa FT 32926 STATE OF FLORIDA Business Address COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Tanta W t 'e t to me well known, who being by me first duly sworn upon oath, says that he is the attorney-in-fact for the Pbrchants Bonding Ccmpany and that he has been authorized by John Tiedt to execute the foregoing bond on behalf of the CONTRACTOR . named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this 20th day of Ma 20 N ary P blic, State of Florida My Commission Expires: MARY R. BUTCHER My comm, exp. Sep. 209 2010 Comm. No. DD 595556 END OF SECTION 00612-4 H%Projects10741t13idding Contract Specifications\Spec Template120071006121Payment Bond.doc UCKLEBERRY, SIBLEY HARVEY SECTION 00610 PERFORMANCEBOND THIS IS AN INSTRUCTION, NOT PART OF THE BOND. The bond must state on its front page: the name, principal business address, and phone number of the contractor, the surety, the owner of the property being improved, and, if different from the owner, the contracting public entity; the contract number assigned by the contracting public entity; and a description of the Project sufficient to identify it, such as a legal description or the street address of the property being improved, and a general description of the improvement, and the bond number. KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we r Is Cmmnications Co Inc and Merchants Bonding Cofiipeny as Principal, Surety, are held and firmly bound unto the County of Indian River, Florida, in the sum ofation, as Fifty One Thousand Wo Hundred Seventeen 00/100 Dollars ($ g to 100% of the total bid price. For the payment of said sum we bind ourselves,00urinheirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the 13 day of �hy 08 entered into between the Principal and the County of Indian River, for: 20_ Project Name: Winter Grove Water Assessment Protect County Project Bid Number: 2008046 County UCP Number: 3013 Project Address: 28th Court29th Court and 70th Place north of North Winter Beach Road Project Description: CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows which shall include, but is not necessarily limited to the following: Furnish and install approximately 900 feet of 6" PVC water main, 50 feet of 6" Directional Drill DR11 HDPE water main, 500 feet of 4" PVC water main, 200 feet of 2" PE water main, 80 feet of driveway bores, 2 fire hydrants, 1600 feet of lawn restoration and 28 residential water services on 28'h Court, 29th Court and 70th Place, north of North Winter Beach Road (691h County. Street) in Indian River A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall in all respects comply with the terms and conditions of said Contract and its obligations thereunder, including all of the Contract Documents therein referred to and made a Part thereof, and such alterations as may be made in the Contract Drawings and Specifications as therein provided for, and shall indemnify and save harmless the County of Indian River 00610-1 WProjectsk07410dding Contract Specifcations\Spec Template12007100610113erformance Bond.doc against and from all expenses, costs, and attorney's fees, including appellate proceedings, as set forth in the Contract, that Owner sustains because of a damages, injury or conduct, want of care of skill, negligence or default, including patent infringement on the part of the Principal, his agents or employees, in the execution or performance of said Contract, and further, if the Principal shall promptly make payments to all who supply him with labor and/or materials used directly or indirectly by the Principal in the prosecution of the Work provided for in said Contract, then this obligation shall be null and void; otherwise, the Principal and Surety, jointly and severally, agree to pay Indian River County any difference between the sum that Indian River County may be obliged to pay for the completion of said Work, by contract or otherwise, and any damages, whether direct, indirect, or consequential, including reasonable attorney's fees (including appellate proceedings), which the County of Indian River may incur as a result of the failure of the Principal to properly execute all of the provisions of the Contract. AND, the said Principal and Surety hereby further bind themselves, their successors, executors, administrators and assigns, jointly and severally, that they will amply and fully protect the County of Indian River against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same, or his agents or his servants, or the infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise. AND, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications or Drawings accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications or Drawings. AND, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County' of Indian River. Principal and Surety expressly acknowledge that any and all provisions relating to liquidated damages contained in the Contract Documents are expressly covered by and made a part of this Bond. Principal and Surety acknowledge that any such provision lie within their obligations and within the coverages and limitations of this Bond. Florida Statutes Section 255.05 (2007), as amended from time to time, together with all notice and time provisions contained in subsection (2) of Florida Statutes Section 255.05 (2007), is incorporated herein in its entirety by this reference. IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, this _20_ day of may 20 08the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. \R\\\YY\YYY\\\\\\\\ \Y\\\\\NONE Y\WRAP YY\\\1\Y\\\\Y Y\\\Y\\\\\\\Y• so 00610-2 00610-2 H1Projects107411Bidding Contract SpecificationslSpec TemplateQ0071006101Performance Bond.doc WHEN THE PRINCIPAL IS A CORPORATION: Attest: y ryy YCHMgr\PA {€ �. Secretary Name of Corporate Printed Name Official Title BY: (Affix CERTIFICATE AS TO CORPORATE PRINCIPAL I MeAclt, N c,J certify that 1 am the Secretary of the corporation named as Principal in the within bond, that' v` \/cjn,� who signed the said bond on behalf of the Principal was then of said corporation: that 1 know his �sidc�4 signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed and attested for and on behalf of Said corporation by authority of Its governinq bodv. 00610-3 H\Projects10741 \Bidding Contract Specifications\Spec Template\2007\00610\Performance Bond.doc TO BE EXECUTED BY CORPORATE SURETY: Attest: Secretar— y hlar`hants Bonding Canpany Corporate Surety ffm STATE OF FLORIDA COUNTY OF INDIAN RIVER Corporate SEAL) Attorney -In -Fact Huddeberxy, Sibley & Harvey of Brevard, ! Name of Local Agency :1 400 High Point Drive #200, Cocoa, FL 32926 Business Address Before me, a Notary Public, duly commissioned, Ight qualified and acting, personally appeared P �ta W Writo me well known, who being by me first duly sworn upon oath, says that he Is the attorney-in-fact for the Merchants by John Tiedt d that he has been authorized to execute the forreg ng bond onnbehalf of the CONTRACTOR named therein in favor of the County of Indian River, 2008 Florida. Subscribed and sworn to before me this 20th _ day of Ma, Notary P lic, tate of Florida My Commission Expires: MARNor R• BUTCHER My comm. ex ur da Comm. No. DO 595M6 010 END OF SECTION 00610-4 MProjects1074116idding Contract Specifications\Spec Template1200700610\Performance Bond.doc Merchants Bonding Company (Mutual) POWER OF ATTORNEY 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 Lenita W. Wright, Mary Butcher, Peggy Broughton Of Cocoa and State of Flordia 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: FIVE MILLION ($5,000,000.00) 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 Allomey-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 November 16, 2002. ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomeys-in-Fact, 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 II, 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 16th day of January, 2006. •�a0��P0H*A'✓•. -o- v:3� y; 1933 : e� .ti STATE OF IOWA COUNTY OF POLK as. MERCHANTS BONDING COMPANY (MUTUAL) President On this 16th day of January, 2006, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. CINDY SMYTH Commission Number 173504 '4q,m,TwMy Commission Ex has March 16, 2009 STATE OF IOWA COUNTY OF POLK as. 1, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (I is a We and correct copy of the POWER-OF-ATTORNEY executed by said MI still in full fxce and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of -.0000*.- POA 0001 (1106) Notary Public, Polk County, Iowa above and foregoing (MUTUAL), which is hat Ic"9