Loading...
HomeMy WebLinkAbout2011-138 Oqz ��� 8 Documend 1 1TM ® 2007 c: Of/ r / 38 r � Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the _21st day of June in the year 2 ® 11 ADDITIONS AND DELETIONS : (ln wordy, indicate day, month and year. ) The author of this document has added information needed for its BETWEEN the Owner : completion . The author may also (Alame, legal status, address and olher informa/inn) have revised the text of the original AIA standard form . An Additions and Indian River County Board Of County Coin ill issioners , Indian River County Deletions Report that notes added 1801 27th Street information as well as revisions to the Vero Beach , FL 32960 standard form text is available from Telephone Number : ( 772 ) 226-3490 the author and should be reviewed . A Fax Number : ( 772 ) 770- 5334 vertical line in the left margin of this document indicates where the author and the Contractor : has added necessary information (Warne, legal slalus, address and other hlformalion) and where the author has added to or deleted from the original AIA text . Barth Construction , Inc . Phillip H . Barth , III , President This document has important legal 1717 Indian River Blvd . , Suite 202A consequences . Consultation with an Vero Beach , FL 32960 attorney is encouraged with respect Telephone Number : (772 ) 778 -3072 to its completion or modification . Fax Number : ( 772 ) 770-3017 AIA Document A201 T" -2007 , for the following Project : General Conditions of the Contract ( for Construction , is adopted in this/Name, localial and detailed descrihlion) document by reference. Do not use Indian River County Transit Facility with other general conditions unless this document is modified . Administration Office : 4385 43rd Avenue, Vehicle Maintenance Building : 4395 43rd ,Avenue 1 . The construction of two- single story structures and all site work : a. 5 , 165 SF Administration and Operations Offices, constructed with a concrete slab on grade with a monolithic concrete foundation , insulated pre- cast concrete wall panels , and pre- engineered wood roof trusses . All architecture design for this building has been provided by IRC ( OWNER ) . Specialty engineering for the insulated pre- cast wall panels and the wood roof trusses shall be provided by the prime contractor . "I'he engineer and architect of record for this project provided by IRC ( OWNER) €Mist review and approve the shop drawings for the insulated pre-cast wall panels and the wood roof trusses prior to the issuance of a building permit . The foundation design and truss fastening requirements are subject to revisions. b . 2 , 858 SF Vehicle Maintenance and Repair Facility , constructed with a concrete slab on grade with a monolithic concrete pad footings and a perimeter grade beam Foundation , and pre-engineered metal building system . All architecture design for this building has been provided by 1 RC ( OWNER) . The metal building system design shall be signed and sealed by a Florida licensed engineer and provided by the prime contractor . The metal building system shall be a complete system and shall include structural -steel -framing system , metal roof panels , metal wall panels, metal liner panels, insulation and vapor retarder facings, flashing and trim , doors, blit AIA Document A101 TM — 2007. Copyright © 1915 , 1918, 1925 , 1937 , 1951 , 1958 , 1961 , 1963 , 1967 , 1974 , 1977 , 1987 , 1991 , 1997 and 2007 by The American Institute of Architects . All rights reserved . WARNING : Th €s AIA`' Document is protected by U , S . Copyright. Law and International Treaties , Unauthorized reprodtmflon or distribution of this AlA" Document, or any portion of it, may result in severe civil and crirn €nal penalties, and will be prosecuted to the / maxonum extent possible under the law. This document was produced by AIA software at 13 : 03 :46 on 06/ 13/2011 under Order No . 8546898806 1 which expires on 10/10/2011 , and is not for resale . — User Notes : ( 728394615) windows , and accessories . The engineer and architect of record for this project provided by I RC ( OWNER ) must review and approve the shop drawings for the metal building system prior to the issuance of a building permit . The design shall be substantially in conformance with the preliminary architectural plans provided in the contract documents/plans . Mechanical , electrical , and plumbing engineering and preliminary architecture and foundation structural engineering design has been provided for this building by IRC ( OWNER) but is subject to revisions . c. Site improvements for the 2 . 53 +/- acre site development area , together with " off- site " site improvements in 43rd Avenue, and within the adjacent Supervisor of Elections site, and nearby Emergency Operations Center and IRC Road and Bridge Maintenance Complex sites . The site improvements include all clearing, earthwork , paving, drainage, and utilities , landscaping, irrigation systems, and all other site construction work listed or described in the contract documents/plans and site development permits . 2 . The project is required to comply with the " Green Commercial Building Designation Standard of the Florida Green Building Coalition , Inc. " as specified in Division I Section " 0181 13 . 13 Sustainable Design and Construction Requirements , " Florida Green Building Coalition ( FGBC ), Commercial Building Certification Standards . The Contractor has a significant responsibility to ensure compliance and certification is received . 3 . The project is funded by the Federal Transit Administration ( FTA) and is subject to compliance requirements of the American Recovery and Reinvestment Act ( ARRA ) . The project requires the contractor to comply with the Davis Bacon Act, Equal Employment Opportunity Laws , and Buy America requirements and other Federal requirements referenced in Section 00421 . The " Prime Consultant" and " Project Architect " : (Name, legal slams, address and other igf n-malion) Prime Consultant and Project Manager : Joseph W . Schulke, P . E . , Schulke, Bittle d: Stoddard. LLC 1717 Indian River Blvd . , Suite 201 Vero Beach , FL 32960 Telephone Number : ( 772 ) 770 - 9622 Fax Number : ( 772 ) 770- 9496 Project Architect : Kenneth Lebron , AIA , Caribeno Architectural Group, Inc. 13 E Melbourne Avenue, Suite C Melbourne, FL 32901 Telephone Number : (321 ) 327- 5960 Fax Number : ( 321 ) 914- 3991 The Owner and Contractor agree as follows . Init. AIA Document A101 T" — 2007. Copyright © 1915 , 1918 , 1925 , 1937 , 1951 , 1958 , 1961 , 1963 , 1967, 1974 , 1977 , 1987 , 1991 , 1997 and 2007 by The American Institute of Architects. All rights reserved . WARNING : This AIA" Document is protected by U .S. copyright taw and International Treaties, UrtauthoriZed 2 reproduction or distribaEf cn of this AIA" Document, or any portion of it , may result in severe civil and criminal penalties, and will be prosecute(l to the / maximum extent possible under the law. This document was produced by AIA software at 13 : 03 :46 on 06/13/2011 under Order No. 8546898806 1 which expires on 10/10/2011 , and is not for resale. User Notes : (728394615) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General , Supplementary and other Conditions ), Drawings , Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein . The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations , representations or agreements , either written or oral . An enumeration of the Contract Documents , other than a Modification , appears in Article 9 . ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents , except as specifically indicated in the Contract Documents to be the responsibility of others . ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3 . 1 The date of commencement of the Work shall be the date ofthis Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner . (h?sert the date of commencement if' it dif�e/s from the date of this Agrean7ent or, if applicable, state that the data hill be fixed in a notice to proceed) The commencement date will be fixed in a notice to proceed . If, prior to the commencement of the Work , the Owner requires time to file mortgages and other security interests, the Owner ' s time requirement shall be as follows : N/A § 3 . 2 The Contract Time shall be measured from the date of commencement. § 3 . 3 The Contractor shall achieve Substantial Completion of the entire Work not later than Two hundred forty ( 240 ) days from the date of commencement, or as follows : (Insert number of calendar days. Allerrnatinely. a calendar dale may be usetl u)hen coordinated with the date of commencement. Ifc7ppropriate, insert requirements forea7•IierSubslanlial Completion ofcertain pa-tio77s of the li `oi-k. ) / nit. AIA Document All01 TM' — 2007. Copyright © 1915, 1918 , 1925, 1937, 1951 , 1958 , 1961 , 1963 , 1967 , 1974 , 1977, 1987 , 1991 , 1997 and 2007 by The American Institute of Architects. All rights reserved . WARNING ; This AIA`" Document is protected by U . S. Copyright Law and International Treaties. Unauthorized roproductionor distribution of this AlA "' Document, or ally portion of it, may result in severe civil and criminal penalties , and will be prosecuted to the 3 i inaxiPmum extent possible under the law. This document was produced by AIA software at 13 : 03 :46 on 06/13/2011 under Order No . 8546898806 1 which expires on 10/ 10/2011 , and is not for resale. — User Notes: ( 728394615) Portion of Work Substantial Completion Date N / A N /A subject to adjustments of this Contract Time as provided in the Contract Documents . (Insert provisions, if any, ,for liquidated clainages relating tofailitre to achieve Substantial Completion on iinle or frn bonus puvments, for early contplelion of the Work.) In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Time, the Contractor shall pay liquidated damages, and not as a penalty, the sum of Five Hundred Dollars ( $ 500 . 00 ) for each and every calendar day following the end ofthe Contract Time until Substantial Completion is achieved ; provided , that the Contractor shall not be liable for liquidated damages for a day, or days, of excusable delay occurring during such period following the end of the Contract Time. Liquidated damages are hereby fixed and agreed upon between the parties , recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by Owner as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of such damages and the cost and effect ofthe failure of Contractor to complete the Contract on time. The Contractor and Owner agree that Owner is authorized to deduct all or any portion of the above- stated liquidated damages from the monies due to Contractor for the Work under this Contract as the Owner deems just and reasonable . ARTICLE 4 CONTRACT SUM § 4. 1 "The Owner shall pay the Contractor the Contract Sum in current finds for the Contractor ' s performance of the Contract . The Contract Sum shall be One Million Six Hundred Seventeen Thousand Six Hundred Ninety One ( $ 1 , 617, 691 . 00 ) , subject to additions and deductions as provided in the Contract Documents . § 4. 2 The Contract Sun is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner : (Stale the rnrrnbers or other identification of accepted ahernaies. if the bidding or proposal documents permit the 01vi7cr to accept other alternates subsequeni to the execution ofthis Agreement, attach a schedule gfsuch other ahernates showing the amount , for each and the date when that amount expires.) Add Alternate 4 : Epoxy paint interior of vehicle maintenance shop; additional cost of $ 8 , 452 . 00 § 4. 3 Unit prices, if any : (I(1entify and state the unit price : state quantily limitations, if arty, to which the unit price 1vill be applicable. ) Item Units and Limitations Price Per Unit ($0 . 00) N/A § 4.4 Allowances included in the Contract Sum , if any : (Identify allowance and stale exchisions, if any, front the allowance price.) Item Price N/A ARTICLE 5 PAYMENTS § 5 . 1 PROGRESS PAYMENTS § 5. 1 . 1 Based upon Applications for Payment properly submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents . § 5 . 1 . 2 'The period covered by each Application for Payment shall be one calendar month ending on the last day of the month , N / A § 5 . 1 . 3 , All payments shall be made in accordance with timeframe set forth in Local Government Prompt Payment Act, Florida Statutes Section 218. 70. et. seq . . AIA Document Al01 '"^ — 2007. Copyright © 1915, 1918 , 1925, 1937, 1951 , 1958, 1961 , 1963 , 1967 , 1974 , 1977 , 1987 , 1991 , 1997 and 2007 by The American Init. Institute of Architects. All rights reserved . WARNING : This AiA`�' Document is protected by U .S. Copyright. Law and International Treaties, Unauthorized reproduction or distribution of this AW' Document, or airy tzortion of it , stay result in severe civil and criminal penalties , and will be prosecote:3 to t ae 4 / maximum extent possible under the law. This document was produced by AIA software at 13 : 03 :46 on 06/13/2011 under Order No. 8546898806 1 which expires on 10/10/2011 , and is not for resale. — User Notes : (728394615) (Federal, state or local lairs may r•egnn e pap ictil within a certain period of lime.) § 5 . 1 . 4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor and approved in writing by the architect and the owner in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect and the owner may require. This schedule, when , and only when , approved in writing by the Architect and the owner, shall be used as a basis for reviewing the Contractor ' s Applications for Payment. § 5 . 1 . 5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5 . 1 . 6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows : A Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage cornpletion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the approved schedule of values, less retainage of Ten percent ( 10 . 00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7 .3 . 9 of AIA DOCUlllenl A201T111-2007, General Conditions of the Contract for Construction as modified ; . 2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction ( or, if approved in writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing ) , less retainage of Ten percent ( 10 . 00 %) ; . 3 Subtract the aggregate of previous payments made by the Owner ; . 4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9. 5 of AIA Document A201 -2007 as modified ; and . 5 Subtract amounts , if any, being withheld by the owner as provided in the contract documents . § 5. 1 . 7 The progress payment amount determined in accordance with Section 5 . 1 . 6 shall be further modified under the following circumstances : . 1 Add , upon the issuance of a Certificate of Substantial Completion of the Work , a sum sufficient to increase the total payments to the filll amount of the Contract Sum , less an amount equal to two hundred percent (200 %) thereof as the Architect shall determine for incomplete or defective Work, or both and unsettled claims ; and . 2 Add, iffinal completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9. 10 . 3 of AIA Document A201 -2007 as modified . § 5. 1 . 8 Reduction or limitation of retainage, if any, shall be as follows : (Paragraph deleted) 'Fell percent ( 10%) retainage shall be held on all payments until substantial completion . With prior written approval by the owner, certain suppliers and subcontractors may be paid the entire amount due when such payment is generally the practice of the industry. § 5 . 1 . 9 Except with the Owner ' s prior written approval , the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site . § 5 . 2 FINAL PAYMENT § 5.2 . 1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when 1 the Contractor has fully performed the Contract except for the Contractor ' s responsibility to correct Work as provided in Section 12. 2 . 2 of AIA Document A201 -2007 as modified , and to satisfy other requirements, if any, which extend beyond final payment; and . 2 a final Certificate for Payment has been issued by the Architect. Init. AIA Document A101 TM — 2007. Copyright © 1915 , 1918 , 1925 , 1937 , 1951 , 1958 , 1961 , 1963 , 1967, 1974 , 1977 , 1987, 1991 , 1997 and 2007 by The American Institute of Architects. All rights reserved . WARNING : This AlA" Document is protected by U .S. Copyright Law and International Treati€. s, Unauthorized reproduction or distribution of this AIA Document, or any portion of it , may result in severe civil ;and criminal penalties, and will be prosecuted to the 5 f maximum extent possible under the law. This document was produced by AIA software at 13: 03 : 46 on 06/ 13/2011 under Order No. 8546898806 1 which expires on 10/10/2011 , and is not for resale. — User Notes : (728394615) § 5. 2 . 2 The Owner ' s final payment to the Contractor shall be made no later than 30 days after 1 ) the contractor has fully performed the contract as provided in 9.2. 1 . 1 and 2 ) the issuance of the Architect ' s final Certificate for Payment, and in accordance with the Florida Prompt Payment Act, Florida Statutes Section 218. 70. et, seq . : ARTICLE 6 DISPUTE RESOLUTION § 6 . 1 INITIAL DECISION MAKER The Indian River County Public Works Director will serve as Initial Decision Maker pursuant to Section 15 . 2 of AIA Document A201 -2007 . , Chris Mora, P. E . , Indian River County Public Works Director § 6 . 2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15 . 3 of AIA Document A201 -2007, the method of binding dispute resolution shall be as follows : (Check the appropriate box. if the Owner and Contractor do not select a method of' binding dispute resohaion below, or do not subsecluenlly agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of'competenl jnr•isdiciion. ) [ ] Arbitration pursuant to Section 15 . 4 of AIA DOCunlent A201 -2007 [ X ] Litigation in a court of competent jurisdiction [ ] Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7 . 1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -2007 as modified . § 7 . 2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007as modified . ARTICLE 8 MISCELLANEOUS PROVISIONS § 8 . 1 Where reference is made in this Agreement to a provision of AIA Document A201 -2007 or another Contract Document , the reference refers to that provision as amended or supplemented by other provisions oi' the Contract Documents . § 8 . 2 § 8 . 3 The Owner ' s representative : (Nance , address and other information) Lynn Williams, Manager Indian River County Facilities Management 4305 A 43rd Avenue Vero Beach , FL 32960 Telephone Number : ( 772 ) 226 -3491 Init. AIA Document A101 TM — 2007 . Copyright © 1915, 1918 , 1925 , 1937 , 1951 , 1958 , 1961 , 1963 , 1967 , 1974, 1977 , 1987 , 1991 , 1997 and 2007 by The American Institute of Architects. All rights reserved . WARNING : This AIAN' Document is protected by U,S . Copyright Law and International Treaties, unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil ;and criminal penalties, and will be pro", cutest to the 6 t maximum extent possible under the law, This document was produced by AIA software at 13 : 03 :46 on 06/ 13/2011 under Order No. 8546898806 1 which expires on 10/1012011 , and is not for resale. — User Notes : ( 728394615) Email Address : Iwilliams a ircgov . com § 8 . 4 The Contractor ' s representative : (Name , address and other information) Jason Fykes, Project Manager Barth Construction , Inc . 1717 Indian River Blvd . , Suite 202A Vero Beach , FL 32960 Telephone Number: ( 772) 778 -3072 Email Address : jfykesa barthconstruction . conl § 8 . 5 Neither the Owner ' s nor the Contractor ' s representative shall be changed without ten days written notice to the other party . § 8 . 6 Other provisions : 8 . 6 . 1 Prime Consultant : The Owner ' s consultant design team is managed by the Prime Consultant — the engineering firm of Schulke, Bittle & Stoddard, LLC ( SBS) . The Prime Consultant is not an architect, but is a professional engineer and is the Prime Professional Consultant to the Owner . Therefore, when reference to " Architect " is made in the contract documents, it shall be construed to mean " Prime Consultant" with responsibilities defined as follows : The Prime Consultant will be responsible for all communications and all administrative duties facilitating the contract administration required ofthe " Architect " within the contract documents . When an opinion or a decision is necessary or a question arises or interpretation is needed concerning the design ofthe building or building system , the Prime Consultant shall have the " Project Architect " , Caribeno Architectural Group, Inc. ( CAG ), provide an appropriate response . Other responsibilities ofthe " Architect' as required within the contract documents will be facilitated by the " Prime Consultant . " Under all circumstances, whenever any communications or other actions between the Contractor and " Architect " are necessary pursuant to the contract documents, the communications or other actions will be between the contractor and " Prime Consultant" and the prime consultant will then facilitate communications or other actions required ofthe " Project Architect" or other consultants retained by the " Prime Consultant. " ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9. 1 The Contract Documents , except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9 . 1 . 1 The Agreement is this executed AIA Document A 101 -2007, Standard Form of Agreement Between Owner and Contractor, as modified . § 9 . 1 . 2 The General Conditions are AIA Document A201 -2007 , General Conditions of the Contract for Construction , as modified for this project . § 9 . 1 . 3 The Supplementary and other Conditions of the Contract : Document Title Date Pages N/ A § 9 . 1 . 4 The Specifications : (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Division I — 16 ofthe " Contract Documents and Specification for Indian River County Transit Facility " as listed in the attached " Construction Specifications Index " as Exhibit 1 , Init. AIA Document A101 TM — 2007. Copyright © 1915, 1918 , 1925, 1937 , 1951 , 1958 , 1961 , 1963, 1967 , 1974 , 1977, 1987, 1991 , 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA` Document is protected by U.S . Copyright Law and International Treaties, Una; uimizeci reproduction or distribution of this AIA ' Document, or any portion of it , may result in severe ^civil arid criminal penalties, and vJ11 fee prosecuted tea tho 7 t rtn,nxirtrtnrn extent possible under the law. This document was produced by AIA software at 13: 03 :46 on 06/ 13/2011 under Order No . 8546898806 1 which expires on 10/ 10/2011 , and is not for resale . User Notes : (728394615) Section Title Date Pages N/A N/A N/A N/ A § 9 . 1 . 5 The Drawings : (Dither list lire Drairings here or refer to an exhihil altached zo this Agreement) Civil , Architectural , Structural , Mechanical , Plumbing and Electrical drawings titled " Indian River County Transit Administration and Maintenance Facility, 4385 and 4395 43rd Avenue, Vero Beach , Florida 32960 " as listed and dated in the attached " Construction Drawings Index " as Exhibit 2 . Number Title Date N/A N/A n/A § 9 . 1 . 6 The Addenda, if any : Number Date Pages 1 5 /3/2011 2 2 5/ 10/2011 4 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9 . § 9 . 1 . 7 Additional documents, if any, forming part of the Contract Documents : A . 2 Other documents, if any, listed below: (Lisa here any addilional documents that erre intended to form par/ of /he Conlract Documents. AIA Docinnenl .1201-2007 provides that bidding requiremenls such as advertisement or imitation to bid Instructions to Bidders, sample forms and the Contractor 's hid are not part of the Contract Documents unless emnieraled in this Agreement. I71ey should be listed here ornli) if intended to be pcn9 (?f' the Contract Docctrrlaenls.) Section Title 00300 Bid Form 00301 Payment Bond 00302 Performance Bond 00421 FTA Contract Clauses Index 00422 State of Florida Department of Transportation Wage and Hour Record Forms 00423 Davis Bacon Wage Determination ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article I I of AIA Document A201 -2007. (State bondingy requirements, if any, and limits of liability for• insurance required in Article I l ()/A /, 1 Document ,4201 --2007. ) Type of insurance or bond Limit of liability or bond amount ($0. 00 ) Insurance Requirements — Type / Description C Commercial General Liability - including $ 2 million premises/operations , AIA Document A101 Tm — 2007. Copyright © 1915, 1918 , 1925, 1937, 1951 , 1958 , 1961 , 1963 , 1967 , 1974 , 1977, 1987, 1991 , 1997 and 2007 by The American Init. Institute of Architects. All rights reserved . WARNING ; This AIA"' Document is protected by US . Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AWA Document, or any portion of it , may result in severe civil and criminal penalties , and will be prosecuted to the 8 / ;raxi¢r, um extent possible .under the law. This document was produced by AIA software at 13 : 03 : 46 on 06/ 13/2011 under Order No. 8546898806 1 which expires on 10/ 10/2011 , and is not for resale. User Notes : (728394615) products/completed operations , contractual liability, independent contractors $ 1 million ® Business Auto Liability — including owned , hired , and non -owned autos $ 100, 000 each accident $ 500, 000 disease policy o Workers Comp and Employers Liability — $ 100, 000 disease , each employee including statutory limits 100% completed value of structure a Builders Risk — including all risks with limit equal to 100% completed value of structure a Other ® Waiver of occupancy clause to enable IRC to occupy the building during construction c Machinery/equipment endorsement 100% of value of the contract price to provide coverage during transit and installation 40 % of value of the contract price o Name IRC and Prime Consultant 25 % of the value of the public water and sewer utility ( SBS ) as additional insured on all , infrastructure constructed and completed for the except Workers' Comp/ Employer' s project Liability Bonding Requirements — Type / Description Performance Bond Payment Bond IRCDUS — Utility Maintenance Bond Init. AIA Document A101 TM — 2007. Copyright © 1915, 1918 , 1925, 1937, 1951 , 1958, 1961 , 1963 , 1967 , 1974 , 1977 , 1987 , 1991 , 1997 and 2007 by The American Institute of Architects. All rights reserved . WARNING : This AIA Document is protected by U . S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it , may result in severe civil and criminal penalties, and will be prosecuted to the 9 / anaximum extent possible under the law. This document was produced by AIA software at 13 : 03 :46 on 06/13/2011 under Order No. 8546898806 1 which expires on 10/10/2011 , and is not for resale. User Notes : ( 728394615) This Agreement entered into as of the day and year first written above . OWNER (.Signanrre) CONT ACTO (Signalur•e) tlgM yuu Bob Solari , Chairman , Indian RiY Lo'"' and of Phillip 1-I . Barth III PresidentBarth Construction , County Commissioners ,Q'°p� , ' • • • • • • , ,�,5 % Inc . (f rinJed name and !isle) (I"1111ed name and tide) • 9 o . (/1 °c o • . o • o * . o o o APPROVED AS T04 AN pE AL S FFi `r . . , •�o�0 ° also tltltlpp� BY . IJ t WILLIAM K, DEBRAAL DE ° L1TYCOLI fTYATTORNEY Init. AIA Document A1011" — 2007. Copyright © 1915, 1918 , 1925 , 1937 , 1951 , 1958 , 1961 , 1963, 1967 , 1974 , 1977 , 1987 , 1991 , 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING : This AIA" Document is protected by U.S . Copyright Law and International Treaties. UnarKhor" d reproduction or distribution of this AIA' Document:, or any portion of it , may result in severe civil and criminal penalties , and will be prosecute(I to i:t�e 1 U ;na,ximurn extent possible under the law, This document was produced by AIA software at 13 : 03 :46 on 06/ 13/2011 under Order No. 8546898806 1 which expires on 10/10/2011 , and is not for resale. — User Notes : ( 728394615) INDIAN RIVER TRANSIT FACILITY CONSTRUCTION SPECIFICATIONS INDEX Division 0 Bidding Requirements and Contract Requirements and Forms 00010 Invitation to Bid 00020 Advertisement for Bid 00100 Instruction to Bidders 1 . Definition of Terms 2 . Questions ; Addenda 3 . Bond Requirements 4 . Preparation of Bids 5 . Qualifications of Bidders 6 . Submittal , Receipt, and Opening of Bids 7 . Consideration of Bids and Award of Contract 8 . Acceptance of Offer 9 . Trench Safety ( if applicable ) 10 . Conflict of Interest 11 . Insurance 12 . Permits and Licenses 13 . Public Entity Crimes 14 . Public Disclosure Statements 15 . Federal Transit Administration Contract Clauses Index 00300 Bid Form 00301 Payment Bond 00302 Performance Bond 00400 Bid Bond 00401 List of Subcontractors 00402 Florida Trench Safety Act 00410 Disclosure of Relationships 00420 Bidder Questionnaire 00421 FTA Contract Clauses Index 00421A Sample ARRA Data Collection forms 00421B Sample EEO Data Collection forms 00421C Sample Buy America Certification 00422 State of Florida Department of Transportation Wage and Hour Record Forms 00423 Davis Bacon Wage Determination A101 ( Pgs . 1 - 10 ) Standard Form of Agreement Between Owner and Contractor A202 ( Pgs . 1 -42 ) General Conditions of the Contract for Construction Division 1 General Requirements 011000 Summary of Work 011010 Supplemental Information and Clarification to Contract Documents 011100 Regulatory Requirements 012300 Alternates 012600 Contract Modification Procedures 012900 Payment Procedures 013100 Project Management and Coordination 013200 Construction Progress Documentation 013233 Photographic Documentation 013300 Submittal Procedures 014000 Quality Requirements 015000 Temporary Facilities and Controls 017300 Execution EXHIBIT 1 017419 Construction Waste Management and Disposal 017700 Closeout Procedures 017823 Operation and Maintenance Data 017839 Project Record Documents 018113 Sustainable Design Requirements — FGBC for New Construction 019113 General Commissioning Requirements Division 2 Site Construction 02101 Mobilization 02102 Maintenance of Traffic 02203 Swale and Dry Retention Area Construction 02204 Grassing by Sodding 02205 Grassing by Seeding and Mulching 02208 Tree Protection and Trimming 02210 Site Cleanup and Restoration 02230 Site Clearing 02240 Dewatering 02260 Excavation Support and Protection 02300 Earthwork 02301 Subgrade 02304 Cemented Coquina Shell Base Course 02305 Asphalt Pavement 02307 Reinforced Concrete 02308 Curbing 02309 Street Signs 02311 Roadway Traffic Stripes and Pavement Markings 02361 Termite Control 02401 Drainage Pipe 02402 Drainage Structures 02403 Installation of Drainage Pipe and Structures 02700 Water and Wastewater Utility Standards 02802 Chain Link Fence 02810 Irrigation System ( See Civil Drawings for Specifications ) 02920 Lawns and Grasses 02950 Trees, Plants and Ground Cover Division 3 Concrete 03300 Cast- in - Place Concrete Division 4 Masonry 04810 Unit Masonry Assemblies Division 5 Metals 05400 Cold - Formed Metal Framing Division 6 Wood and Plastics 061000 Rough Carpentry 061053 Miscellaneous Rough Carpentry 061600 Sheathing 061753 Shop- Fabricated Wood Trusses 062023 Interior Finish Carpentry Division 7 Thermal and Moisture Protection EXHIBIT I 072100 Thermal Insulation 072500 Weather Barriers 074113 Metal Roof Panels 074600 Siding 079200 Joint Sealants Division 8 Doors and Windows 081113 Hollow Metal Doors and Frames 081433 Stile and Rail Wood Doors 083323 Overhead Coiling Doors 084113 Aluminum - Framed Entrances and Storefronts 085113 Aluminum Windows 087111 Door Hardware ( Descriptive Specification ) 088300 Mirrors Division 9 Finishes 092216 Non -Structural Metal Framing 092400 Portland Cement Plastering 092900 Gypsum Board 095123 Acoustical Tile Ceilings 096813 Tile Carpeting 099113 Exterior Painting Division 10 Specialties 101400 Signage 102113 Toilet Compartments 104413 Fire Extinguisher Cabinets 104416 Fire Extinguishers Division 11 Equipment ( See Drawings ) Division 12 Furnishings 123200 Manufactured Wood Casework 124813 Entrance Floor Mats and Frames Division 13 Special Construction 133419 Metal Building Systems 133420 Precast Wall Panels Division 14 Conveying Systems - N , A . Division 15 Mechanical ( See Mechanical Drawings ) Division 16 Electrical ( See Electrical Drawings ) EXHIBIT 1 CONSTRUCTION DOCUMENT INDEX: ovmws i SHM 140. DEXMPIION REMEW POW PF�RMf acM9aw pcv®o l © IaM9ao1 Q aHsloll . 1 o © R�TOII Q I�A19<Q01 CML 0- 1 - -COVER SHEET - ----_ -- - 04-OS- 10 08-30- 10 09- 10- 10 10-25- 10 01 -28- 11 -- -_- - — _ - - C-2A EXISTING CONDITIONS/CLEARING AND DEMOLITION PUN 04-05- 10 08-30- 10 09- 10- 10 10-21 - 10 01 -25- 11 C-2B GEOTHECHNICAL REPORT AND SOIL BORING INFORMATION 04-05_ 10 X01 -28- 11 C-2C GEOTHECHNICAL REPORT AND SOIL BORING INFORMATION 04-05- 10 01 -28- 11 C-3A 4 MASTER STORMWATLR POLLUTION PREVENTION PUN(SWPPP) 04-05- 10 09-30- 10 09- 10- 10 01 -28- 11 C-36 _ I STORMWATER POLLUTION PREVENTION DETAILS __- 05-25- 10 - --- 101 -28- 11 — _-- -- -_ - - - _ — - C-4A MASTER SITE PLAN 04-05- 10 07- 15- 10 08-30- 10 09- 10- 10 01 -28- 11 —~ - - - -- C-413 SITE PUN _ 04-05- 10 07- 15- 10 08-30- 10 09- 10- 10 01 - 28- 11 C- 5A iMASTER PAVING, GRADING h DRAINAGE PUN 04-05- 10 07- 15- 10 08-30- 10 �09- 10- 10 10-21 - 10 01 -28- 11 C- 50 PAVING. GRADING k DRAINAGE PLAN _ 04-05- 10 07- 15- 10 08-30- 10 10- 11 - 10 01 -28- 11 C- 64 UTILITY PLAN 04-05- 10 07- 15- 10 07- 16- 10 08-30- 10 09- 10- 10 01 -28- 11 ------ C-6D , CONDUIT AND CABLE PUN 04-05- 10 01 -28- 11 C- 70. LANDSCAPE PUN _- _ —__ — 04-05- 10 07- 15- 10 08-30- 10 09- 10- 10 01 -28- 11 C- 7B LANDSCAPE. DETAILS 06-22- 10 • 01 -28- 11 C- 7C LANDSCAPE SPECIFICATIONS 06-22- 10 01 -28- 11 C- 7D iIRRIGATION PLAN .- 08-22- ip 08-3D- 10 09- 10- 10 01 -28- 11 C- 7E IRRIGATION SPECIFICATIONS AND DETAILS 06- 22- 10 I p1 -2B- 11 C- 8 PAVING, GRADING AND DRAINAGE DETAILS ANO SPECS. 04 -05- 10 101 -28- I1 03-02- 11 — --- C- 9 PAVING, GRADING AND DRAINAGE DETAILS AND SPECS 04-05- 10 08-30- 10 01 -28- 11 ^ C- 10 SIGNING DETAILS O4-05- 10 07- 15-10 08-30- 10 01 -28- 11 C- 11 PAVEMENT MARKING DETAILS O4-05- 10 01 -28- 11 C- 12 MISCELLANEOUS DETAILS 08-30- 10 01 - 28- 11 C1 INDIAN RIVER COUNTY UTILITY DETALS _ 05-25- 10 08-30- 10 09- 10-10 DI -28- 11 C- 14 INDIAN RIVER COUNTY WATER DETAILS 05-25- 10 ! 08-30- 10 09- 10- 10 01 -28- 11 C- 15 INDIAN RIVER COUNTY SEWER DETAILS 05-25- 10 1 08-30- 10 09- 10- 10 01 -28- 11 ATTACHED __ - SURVEY 1 OF } __- 03-28- 10 07-27- 10 08-25- 10 SURVEY 2 OF 3 X03-28- 10 07-27- 10 08-25- 10 -- - - --- - SURVEY 3 OF 3 03-28- 10 07-27- 10 X06-25- 10 _ AERIAL 1 OF 1 ---�— 04 -05- 10 FGHC SUSTAINABLE DESIGN h CONSTRUCTION REDS. 1 OF 11 01 - 11 - II 03-31 - 11 � FGBC STANDARD CHECKLIST 1 OF 1 101 _ 11 -11 ARCHITECTURAL A-001 ( COVER SHEET 11 -29- 10 01 -07- 11 01 -28- I1 02-23- 11 A- 101 o I ARCHITECTURAL FLOOR PLN h SCHEDULES-BIDG. A 11 -29- 10 01 -07- 11 01 -28- 11 A- IO1Ltd1RCHITECTURAL LIFE SAFETY PLAN 11 -29- 10 01 -07- 11 01 -28- 11 - - _ - -- ---- - - - - - - - - - - - A- 102o ARCH. REFLECTED CEILING PLAN AND DETAILS-BLDG. A 11 -29- 10 01 -07- 11 01 -28- 11 A- 10361 ARCHITECTURAL FLOOR PLAN k SCHEDULES-BLDG. B 11 -29- 10 01 -07- 11 01 -28- I1 02-23- 11 A- 200a1 BUILDING ELEVATIONS-DUILDING A 11 -29- 10 01 -07- 11 01 -28- 11 A-201bl BUILDING ELEVATIONS h ARCH. REF. CLG. -BUILDING 8 11 -29- 10 01 -07- 11 01 -28- 11 02-2}- 11 A-10001 WAIL SECTIONS-BLDG.-A - - --- - 11 -29- 10 01 -07- 11 01 -28- I1 - - � - -- - - - - - A-301al WALL SECTIONS-BLDG. A 11 -29- 10 01 -07- 11 01 -28- 11 A-302a WAIL SECTIONS-RL _ I _ _DG. A 11 - 29- 10 01 -07- 11 01 -28- 11 A-30% WALI SECTIONS-BLDG d - _ _- — 11 -29- 10 101 -07- 11 01 -28- 11 02-23_ 11 - - -- A-40001 ENLARGED TOILET ROOMS AND DETAILS-BLDG. A I1 - 29- 10 01 -07- I1 01 -28-11 A-4010 ENLARGED CABINET ELEVATIONS AND DETAILS-BLDG A I1 - 29- 10 01 -07- 11 01 -28- 11 T- A-4026 ENLARGED 101LET ROOMS AND DETAILS - DIED . U 11 -29- 10 I 0I -07- I1 01 -28- 11 A- S00al MISCELLANEOUS DETAILS-BLDG A _ 11 - 29- 10 1 01 -07- 11 101 -28- 11 �— A501 MISCELLANEOUS DETAILS-BLDG. A 11 - 29- 10 01 -07- 11 01 -28- 11 - - A-6000 DOOR, WINDOW_ AND FINISH SCHED. AND DETAILS_BLDG, A 11 - 29- 10 01 -07-11 01 -28- 11 _ _ �- STRUCTURAL S- 1 .OA STRUCTURAL SPECIFICATIONS-BLDG. A 11 -04- 1001 -07- i1 01 -28- 11 S- I . lA STRUCTURAL SPECIFICATIONS-BLDG. A 11 -04 - 10 01 -0 7- OI -28- I1 5- L2n SCHEDULES- BLDG. A _ 11 -OI- 111 X01 -07- 11 01 -28- 11 S-2. IA FOUNDATION PLAN-RLDG. A - - 11 -04- 10 01 -0]- 11 01 -28- 11 - - - 52.20. FL00R PUN-BLDG. A 11 -04- 10 01 -07- 11 01 -28- 11 52.3A ROOF FRAMING PUN-BLDG. A 11 -04- 10 01 -07- 11 01 -26- 11 - - -' " PRECAST S3. 10. TYPICAL PRRECAST CONCRETE WALL PANEL DETAILS-BLDG. A 11 -04- 10 01 -07- 11 01 -28- 11 S3 1A TYPICAL DETAILS-BLDG. A 11 -04- 1D 01 -07- 11 01 -28- 11 53.3A MONUMENT SIGN AND FLAGPOLE 11 -04- 10 01 -07- 11 01 -28- 11 � --� '--WALL --- -- - - --- - -- - - -- S4.OD STRUCTURAL SPECIFICATIONS AND SCHEDULES-BLDG, D 11 -04- 10 01 -07- 11 01 -28- 11 S4. IB COMPONENT AND CLADDING DESIGN PRESSURES-BLDG. B 11 -04 - 10 01 -07- 11 01 -28- 11 ._- 542H FOUNDATION PLAN-BLDG, B 11 -04- 10 01 -07- 11 01 -28-11 S4.319 FLOOR PUN-BLDGB _ . _ 11 -04- 10 01 -07- 11 01 -28-11 55. 1 GENERATOR STRUCTURAL SPECIFICATIONS AND DETAILS 11 -04- 10 01 -07-11 01 -28- 11 M- 101 MECHANICAL SPECIFICATIONS AND SCHEDULES 109- 12- 10 ! 01 -07- 11 0I -2R-11 02-23_ 11 _ - M-102 MECHANICAL DETAILS ' 09- 12- 10 01 -07- 11 01 -28- 11 M-2010. BUILDING A MECHANICAL PLAN D AND DETAILS 09- 12- 10 . 01 -0]- 11 01 -28- 11 M-201 B, BUILDING B MECHANICAL PUN AND DETAILS 09- 12- 10 0I -07- 11 01 -28- 11 02-23- 11 PLUMBING P- 101 PLUMBING NOTES, SCHEDULES AND DETAILS - 09- 12- 10 01 -07- 11 01 -28- 11 P-201AII BUILDING A PLUMBING PLAN T09- 12- 10 1 01 -07- 11 01 -28- 11 - --- - -- -- - - P- 2018 BUILDING B PLUMBING PUN AND ISOMETRICS 09 - 12- 10 01 -07- 11 01 -28- 11 P-301 AI BUILDING A PLUMBING ISOMETRICS 09- 12- 10 01 -07- 11 01 -28- 11 ELECTRICAL E- 100 ELECTRICAL SYMBOLS AND NOTES J 09- 12- 10 01 -07- 11 01 -28- 11 1 E- 101 SCHEDULES AND DETAILS 1 09- 12- 1D 01 -07- 11 01 -28- I1 E- 102 SITE ELECTRICAL PUN 09- 12- 10 01 -07- 11 Oi -28- 11 E200 POWER AND SISTEMS PUN - BUILDING A 09- 12- 10 01 -07- 11 01 -28- 11 E-201 ,1 LIGHTING PLAN - BUILDING A 09- 12- 10 01 -07- 11 01 -28-11 E-20081 POWER AND SYSTEMS PLAN - BUILDING R 09- 12- 10 X01 -07- 11 01 -28- 11 02-23- I1 E-20101 LIGHTING PUN - BUILDING 0 _ 09- 12_10_ 0I -07- 11 01 -28- 11 , -- E-400 SINGLE_LINE DIAGRAM AND PANEL SCHEDULES 05- 12- 100I -07- 11 01 -28- 11 E-401 i COMMUNICATIONS RISER DIAGRAM 09- 12- 10 01 -07- 11 01 -28- 11 If,- vIT L FLORIDA U S ® INC . 620 N . WymMa Road, Suite200 Maitland, FL 32751751 407 - 786- 7770 Fax 407 - 786- 7766 1326 S . Ridgewood Avenue, Suite 915 Daytona Beach , FL 32114 386- 898 -0507 Fax 386 - 898-0510 888 - 786 - BOND (2663 ) June 3 , 2011 Fax 888- 718- BOND (2663 ) www. FloridaSuretyBonds . com Indian River County 1800 27th Street Vero Beach , FL 32960 Re : Authority to Date Bonds and Powers of Attorney Principal: Barth Construction , Inc . Bond No . : 54- 184730 Project: Contract No . 2011042 , Indian River County Transit Facility, 4385 43rd Avenue and 4395 43rd Avenue , Vero Beach FL 32960 Dear Sir or Madam : Please be advised that as Surety on the above referenced bond, executed on your behalf for this project, we hereby authorize you to date the bonds and the powers of attorney concurrent with the date of the contract agreement . Once dated, please fax a copy of the bonds to our office. Sincerely , United Fire & Casualty Company YO, Leslie M . Donahue Attorney- in-Fact and Florida Licensed Resident Agent Public Work Executed in 2 Counterparts F . S . Chapter 255 . 05 ( 1 ) ( a ) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255 . 05 OR SECTION 713 . 23 FLORIDA STATUTES , AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255 . 05 ( 2 ) OR SECTION 713 . 23 FLORIDA STATUTES , BOND NO : 54 - 184730 CONTRACTOR NAME : Barth Construction , Inc . CONTRACTOR ADDRESS : 1717 Indian River Blvd Suite # 202A Vero Beach FL 32960 CONTRACTOR PHONE NO : 1772 ) 778-3072 SURETY COMPANY : United Fire & Casualty Company PO Box 73909 Cedar Rapids , IA 52407 -3909 ( 319 ) 399 - 5700 OWNER NAME : Indian River County OWNER ADDRESS : 1800 27th Street Vero Beach FL 32960 OWNER PHONE NO . : ( 772 ) 226- 1490 OBLIGEE NAME : (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS : OBLIGEE PHONE NO. : BOND AMOUNT: $ 1 , 617, 691 . 00 ( performance ) and $ 647 , 076 . 40 ( payment) CONTRACT NO. : ( If applicable) Contract No . 2011042 DESCRIPTION OF WORK : Indian River County Transit Facility PROJECT LOCATION : 4385 43rd Avenue and 4395 43rd Avenue Vero Beach FL 32960 LEGAL DESCRIPTION : ( if applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon . a auacneo statutory cover page forms and becomes part of this bond . PAYMENT BOND Executed in 2 Counterparts KNOW ALL MEN BY THESE PRESENTS : BY THIS BOND , we Barth Construction , Inc . 1717 Indian River Blvd , Suite #202A Vero Beach FL 32960 ( 772 ) 778 -3072 as Principal ( Contractor) ( Insert name, principal business address , and telephone number of Principal /Contractor) and United Fire & Casualty Company PO Box 73909 Cedar Rapids IA 52407 -3909 ( 319 ) 399- 5700 a corporation , as Surety , ( Insert name, principal business address , and telephone number of Surety) are held and firmly bound unto the County of Indian River, Florida , 1800 27 `h Street , Vero Beach , Florida Six Hundred Forty Seven Thousand , 32960 , ( 772 ) 567 - 8000 , in the sum of _ Seventy Six and 401100 Dollars ($_ 647 , 076 . 40) , amounting to 40 % 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 day of , 20_, entered into between the Principal and the County of Indian River, for : Bond Number : 54 - 184730 Project Name : Indian River County Transit Facility County Project Number : 2011042 Project Address : 4385 43rd Avenue , Vero Beach FL 32960 and 4395 43rd Avenue , Vero Beach FL 32960 A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein . NOW , THEREFORE , THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that , if the Principal shall promptly make payments to all claimants , as herein below defined, then this obligation shall be void ; otherwise , this Bond shall remain in full force and effect, subject to the following terms and conditions : A . A claimant is defined as any person supplying the Principal with labor, material or supplies , used directly or indirectly by the Principal or any subcontractor in the prosecution of the Work provided for in said Contract, and is further defined in Section 713 . 01 of the Florida Statutes . B . The provisions of Section 255 . 05 Florida Statutes shall apply 00301 - 1 The above name Principal and Surety hereby jointly and severally agree with the County of Indian River that every claimant as herein defined , who has not been paid in full before the expiration of a period of ninety ( 90 ) days after performance of the labor or after complete delivery of materials and supplies by such claimant , may sue on this Bond for the use of such claimant , prosecute the suit to final judgement for such sums or sums as may be justly due claimant , and have execution thereon . The County of Indian River shall not be liable for the payment of any costs or expenses of any such suit . No suit or action shall be commenced hereunder by any claimant : 1 . Unless claimant , other than one having a direct contract with the Principal , shall within forty five (45 ) days after beginning to furnish labor, materials or supplies for the prosecution of the work, furnish the Principal and Surety with a notice that he intends to look to this Bond for protection . 2 . Unless claimant, other than one having a direct contract with the Principal , shall within ninety ( 90) days after such claimant ' s performance of the labor or complete delivery of materials or supplies , deliver to the Principal and Surety written notice of the performance of such labor or delivery of such material or supplies and the nonpayment therefore . 3 . After the expiration of one ( 1 ) year from the performance of the labor or completion of delivery of the materials or supplies ; it being understood , however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction hereof, such limitations shall be deemed to be amended , so as to be equal to the minimum period of limitation permitted by such law . 4 . Other then in a state court of competent jurisdiction in and for Indian River County , Florida , or in the United States District Court for the Southern District of Florida , and not elsewhere . 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 Final Completion as established on the Certificate of Final Completion as issued by the County of India 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 Enver 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 day of , 20_, the name and corporate seal of each corporate party being 00301 - 2 hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WHEN THE PRINCIPAL IS AN INDIVIDUAL : Witness Signature of Individual Address Printed Name of Individual Witness Address - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME : Signed , sealed and delivered in the presence of: Witness Name of Partnership BY : Address Partner Printed Name of Partner Witness ( SEAL) Address - - - - - - - - - - - - - - - - - - - - - - - - - - 00301 - 3 WHEN THE PRINCIPAL IS A PARTNERSHIP : Signed , sealed and delivered in the presence of: Witness Name of Partnership BY : Address Partner Printed Name of Partner Witness ( SEAL ) Address - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WHEN THE PRINCIPAL IS A CORPORATION : Attest : Barth Construction , Inc . Secretary of CpVoration BY : /- r - (Affix C rporate SEAL) Printed Name Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL I %2 ( j /i; �,/ C� r' C , certify that I am the Secretary of the corporation named as Principal in the within bond ; that %�;!/� _ 1�^. ?%,�IT who signed the said bond on behalf of the Principal was thenf; ' s % V 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 . Secretary ( SEAL ) 00301 -4 TO BE EXECUTED BY CORPORATE SURETY : Attest : l CL�iy United Fire & Casualty Company %Secretary Susan L . Reich Corporate Surety PO Box 73909 , Cedar Rapids IA 52407 - 3909 }� 4 Business Address LOUBY : VkQ4.( - V• ( Affix Corporate SEAL ) Leslie M . Donahue Attorney - In - Fact & FL Licensed Resident Florida Surety Bonds , Inc . Agent Name of Local Agency 620 N Wymore Rd . Suite 200 , Maitland FL 32751 Business Address Inquiries (407 ) 786 -7770 STATE OF FLORIDA COUNTY OF ;ER o CSC_ Before me , a Notary Public , duly commissioned , qualified and acting , personally appeared Leslie M . Donahue , ' to me well known , who being by me first duly sworn upon oath , says that he is the attorney - in - fact for the United Fire & Casualty Company and that he has been authorized by United Fire & Casualty Company 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 3rd before me this . day of June 2011 6 �e . Janet L . Care otary Public , State of lorida My Commission Expires : September 6 , 2013 (: i aPav "<,w, hkotary ?ubfic Stole of (: i : ida a° W Ja; �>i L Carey END OF SECTION fj 'yEx res rC91OWn pD9 'Iks? 25 vac 4 9j�' OF F� Expires r)9166i2Gi : 0030 ( - 5 The attached statutory cover page forms and becomes part of this bond . PERFORMANCE BOND Executed in 2 Counterparts KNOW ALL MEN BY THESE PRESENTS : BY THIS BOND , we Barth Construction , Inc . , 1717 Indian River Blvd , Suite #202A Vero Beach FL 32960 ( 772 ) 778 - 3072 as Principal (Contractor) ( Insert name , principal business address , and telephone number of Principal/Contractor) and United Fire & Casualty Company PO Box 73909 , Cedar Rapids IA 52407 - 3909 ( 319 ) 399 -5700 a corporation , as Surety, ( Insert name, principal business , and telephone number of Surety ) are held and firmly bound unto the County of Indian River, Florida , 1800 27 `h Street, Vero Beach, Florida 329607 ( 772 - 567 - 8000) , in the sum of One Million , Six Hundred Seventeen Thousand , Six Hundred Ninety One Dollars ($ 1 , 617 , 691 . 00) , 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 , day of 20 , entered into between the Principal and the County of Indian River, for : Bond Number : 54 - 184730 Project Name : Indian River County Transit Facility County Project Number : 2011042 Project Address : 4385 43rd Avenue , Vero Beach FL 32960 and 4395 43rd Avenue , Vero Beach FL 32960 A copy of said Contract is incorporated herein by reference and is made a part hereof as fully copied herein . NOW, THEREFOR, THE CONDITIONS OF THIS OBLIGATION ARE SUCH , that if the Principal shall in all respects comply with the terms and conditions of said Contract and its obligations thereunder, including all of the Contract Documents therein referred to and made a part thereof, and such alterations as may be made in the Contract Drawings and Specifications as therein provided for, and shall indemnify and save harmless the County of Indian River against and from all expenses , 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 , including errors in the Drawings furnished by the Principal , 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 the County of Indian River and difference between the sum that the County of Indian River 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 fee 00302 - I ( 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 , shalt 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 Final Completion as established in the Certificate of Final Completion as issued by the County of Indian River . IN WITNESS WHEREOF , the above bound parties executed this instrument under their several seals, this day of , 20_, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative , pursuant to authority of its governing body . WHEN THE PRINCIPAL IS AN INDIVIDUAL : Signed, sealed and delivered in the presence of: Witness Signature of Individual Address Printed Name of Individual Witness Address . . . . . . . . . . - - - - - - WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATED UNDER A TRADE NAME : Signed , sealed and delivered in the presence of: Witness Name of Partnership t 00302 - 2 BY : Address Partner Printed Name of Partner Witness ( SEAL ) Address WHEN THE PRINCIPAL IS A PARTNERSHIP : Signed , sealed and delivered in the presence of: Witness Name of Partnership BY : Address Partner Witness Printed Name of Partner ( SEAL ) Address WREN THE PRINCIPAL IS A CORPORATION : Attest : /;j,��> Lr • / : � � � t Barth Construction , Inc . Secretarye co po on BY : N (Affix Corporate SEAL ) J P ' nted Name v W /' Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL I ZIJU/ 12 ,AJ 77,E z7(-JL , certify that I am the Secretary of the corporation named as Principal in the within bond ; that �/ //,/ 1/, =ice/ / " , who signed the said bond on behalf of the Principal was then of said corporation : that [ 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 . (SEAL ) Secretary 00302 - 3 TO BE EXECUTED BY CORPORATE SURETY : 7:4 " � United Fire & CasualtyCompany Secretary Susan L . Reich Corporate Surety PO Box 73909 , Cedar Rapids IA 52407 -3909 Business Address BY : � 21 ( Affix Corporate SEAL ) Leslie M . Donahue Attorney - In -Fact & FL Licensed Resident Florida Surety Bonds , Inc . Agent Name of Local Agency 620 N Wymore Rd . Suite 200 , Maitland FL 32751 Business Address STATE OF FLORIDA Inquiries ( 407 ) 786 -7770 COUNTY OF FN44 n rr n� Before me , a Notary Public , duly commissioned , qualified and acting , personally appeared Leslie M . Donahue , to me well known , who being by me first duly sworn upon oath , says thatshe is the attorney - in - fact for the United Fire & Casualty Company and thatshe has been authorized by _ United Fire & Casualty Company 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 3rd day of June 2011 Janet L . Carey , Notary Public , State of Florida My Commission Expires : September 6,_. 2013 60.E '"c4g Notary Public ` ale of Florida := g ..ia - - t E c,! �y END OF SECTION � �.. �'J> \� MyCorrmss!on UD91 �3725 Fa�g\?�L Lzpire; 09/66/20 00302 - 4 HOME OFFICE - CEDAR RAPIDS , IOWA 11 CERTIFIED COPY OF POWER 'OFATTORNEY ( O. rigin1 .al on file at Home . Office of Company S� 11ee Certification ) KNOWsALL MEN BY THESE PRES1 .ENTS; That the UNITED FIRE & ,CASUALTY COMPAN11 Y; a corporation ; duly organized and ' existing; u% nder the laws ofthe .State of Iowa , . and having 1. its principal office' in Cedar:: Rapids State of lowa , ,: does make, constitute1. and appoint LESLIE M . DONAHUE , OR KIM E` ' NIV OR JEFFREY W` REICH ;: OR SUSAN L -: REICH ; OR TERESA L 2 .DURHAM , OR PAT11 -RIC:IA%: L SLAUGHTER1. , SOR J GREGORY MACKENZIE , OR GLORIA A RICHARDS , OR DON :BRAMLAGE , SiOR< LIA ROSELAND , CHERYL FOLEY , ALL INDIVIDUALLY of MAITLAND FL its true a. nd lawful Attorney( s!) In Fact : . with power: and authority hereby conferred to sign , seal and execute in Its behalf all69.. lawful 9 . bonds' undertakings and other obligatory instruments of similar nature as' follows A11 bonds not to exceed $ 25 , 000 , 000 - 00 .' and to : bind UNITED ; FIRE &;..CASUALTY COMPAq. NY thereby as fully and to the same extent as If such ; lnstrument6 were signed by ` the duly authorized offtcers ' of UNITED FIRE & CASUALTY ' COMPANY and a61 11ll the acts of said Attorney , "pursuant to` the authority hereby are hereby ratified and confirmed . . The Authonty hereby - g"ranted:: is continuous 'and shall remain In full <force and effect until revoked;: by UNITED FfRE & . CASUALTY COMPANY . ' : This power of Attorney is made and executed pursuant to; and by authority of the following By La,w duly adopted by Board of Directors of the Company on Apnl 18 1973 . "Aficle_ V Surety Bonds and:;: Underfakings`' Section 2 , Appointment of: Attorney-in Fact. 'The President or any Vice President, or any other .officer of the Company may , . . from time to time , appointby written certificates attorneys-in-fact to act in behalf of the Company in the exec11 9 ution of policies . of i:nsurance:; bonds, undertakings and ,other obligatory instruments of , l,ike nature . The signature of any officer .authonzed hereby, and. the Corporate seal , may be affixed , by ,facsimile to any }power of attorney or special power of at69 torney or certifcation . of either authorized hereby; such signature and seal , when so used , being adopted by the Company as the origin61 al signature of, such . officer and :the original , seal of the Company , to be valid and binding upon . ahe Company with the same force .. and effect as <tbough .• manually affixed Such attorneys-in fact, , subject to the aimitations sets forth .in their : respective certificates of authority. shall have full • power to bind the Compan� 11y by",heir signature and execution , . . any Such .. insfruments and to attach the seal of th'e Company thereto The` PresideA.nt or any Vice President, the Board of Dire . ,, rs or any other officer of the Company mayafany time`: revoke all power and . authorlty previously given to any attorney In fact IN WITNESS WHEREOF; theUNITED ? FIRE & CASUALTY COMPANY. has caused these presents tO be sigiced by , �111C.ASilt� I/ `�;� je, �y�e �,� .,,� its vice president 2nd its corporate seal to be hereto affixed this 27th day of . ; January , 2010 �p�k , ^ , n TC r G S,W �3VSoRLfIL � 4 : 1 r .. . . hL` - , - - 6. UNITED :.FIRE &:;CASUALTY COMPANY , SEAL Y� (:op w Y State pf Iowa ; ; County of Linn , ss ' + ' : On 27th , day, of January`; 20 . before me : personally `:came Dennis J ; Ri`cKmann ice President . , to me known ; who being by me duly. sworn , did depose and say; that he resides in Cedar Rapids , State of 'Iowa , that he is >a Vicer . President of the UNITEb FIRE & CASUALTY COMPANY , the corporation described in and which executed the above instrument, that' he knows the seal ."of said ' corporation ; that the . seal, affixed to, the1 . said instrument is such corporate seal ; that it .was so °affixed pursuant to : authority given ;: by the' Board of Dir ectors of> said corporation and : . , , he signed his name thereto pursuant _ to like authority „ and acknowledges same. to be the act and deed of said. :corporafion Mary A Jansen II :iowa Nqt of deal ' ? Commtssfon ndmber 713273 >z. , MYCommission Expires 10!26 13 NotaryPublle'. I , the; undersigned officer of:the UNITED . FIRE & CASUALTY COMPANY , do hereby certify that - I have . compared the fpregoing copy„ of the; P . - ,_° f Attorney and affi iavifi, • and the copy of the Section of `the by-laws of 'said Company as set forth In said Power of Attorneys r . with the ORIGINALS ON( 1LE IN THE.. HpME :OFFICE OF SAID COMPANY , and ;that the. same :are correct trarisGripts therer I of; . and of the v�hdha of the sa d originals , and that th:e said . Power of Attorney has not been revoked and s now In full force and. effect:: ``,�.lkv� cnsrr� ,,�� In 'testimony whereof I, have hereunr . . r I . cubed my name an1 . d1 9 . affixetl'the corporate seal of the saltlsCom - y ,,q�; �0;0 this ray of 20 ceiu oaArE ' r .� 4�. , Jir�ij$��$A 1 „ s . ear e to S ry BPOA001907Q6 .