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HomeMy WebLinkAbout2012-189Bt ATTACHMENT E SECTION 00520 -AGREEMENT Addendum No. 2 p•1�=1z- ,z.�.z. � o/d `I�� THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Close Construction, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1A1 � CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generaNy described as follows: Removal and disposal of grid materia( and a geomembrane lining from the algal turf scrubber surface at Egret Marsh Stormwater Park and construction of a concrete algal turf scrubber surface. ARTICLE 2 -THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: MODIFICATIONS TO EGRET MARSH STORMWATER PARK FLOWAY County Project Number: 0435A Bid Number: 2012053 Project Address: 7295 4T" Street, Vero Beach, FL 32968. ARTICLE 3 —ENGINEER 3.01 The Stormwater Division of the Indian River County Public Works Department is hereinafter called the ENGINEER and wilt 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 the completion of the Work in accordance with the Contract Documents. ARTICLE 4 -CONTRACT TIMES 4.01. Time of the Essence A. AU time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence to the Contract. 4.02 Days to Achieve Final Completion and Final Payment A. The Work will be fully completed (Final Completion) and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 116"' day after the issuance of the Notice-to-Prooeed A�sumina the Notice -to -Proceed is issued October 23 2012 then the date of Final Completion is on or before February 15. 2013. NAaFsI�-46; -iA�3. 4.03 Liquidated Damages 00520 -Agreement (Public Works) -ADDENDUM 2 ADDENDUM NO.2 00520 -1 F:W ubllc WakeYCeI1hMlSMrmweter ProlectelE9rel Meroh OperetbnlCorcete SuAaee Modififxlllori�Bidtling poanrrentolBlddhg eras Convect pouvmenpW05�-Agreertient � C (Public Woiloti)-ADOENOUM 2.cbc Rev. 05101 V7 ATTACHMENT E Addendum No. 2 6=tz- 1Z 120 a o/d •I0 ?A THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Close Construction, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows. ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Removal and disposal of grid material and a geomembrane lining from the algal turf scrubber surface at Egret Marsh Stormwater Park and construction of a concrete algal turf scrubber surface. ARTICLE 2 -THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: MODIFICATIONS TO EGRET MARSH STORMWATER PARK FLOWAY County Project Number: 0435A Bid Number: 2012053 Project Address: 7295 4T" Street, Vero Beach, FL 32968. ARTICLE 3 —ENGINEER 3.01 The Storm water Division of the Indian River County Public Worics Department is hereinafter called the ENGINEER and will 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 the completion of the Work in accordance with the Contract Documents. ARTICLE 4 -CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence to the Contract. 4.02 Days to Achieve Final Completion and Final Payment A. The Work will be fully completed (Final Completion) and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 116"` day after the issuance of the Notice -to -Proceed. Assuming the Notice -to -Proceed is issued October 23 2012 then the date of Final Completion is on or before February 15. 2013. Maw; -2813. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence for this Agreement and that OWNER will suffer financial loss if the Work is not completed on or before the date specked in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parries 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 $500 for each calendar day that expires after the date specified in paragraph 4.02 for Final Completion, until the Work is finally complete and ready for final payment. ARTICLE 5 -CONTRACT PRICE 5.01 OWNER shall .pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the. sum of the amounts determined pursuant to paragraph 5:01.A and summarized in paragraph 5.01.8, below: A. For ail Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:: Numerical Amount: $1,288,482.00 Written Amount: One mi{lion two hundred eight -eight thousand four hundred eighry- two dollars and zero cents ARTICLE 6 -PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions (and Supplementary Conditions if applicable). Applications for Payment will be processed by ENGINEER as provided in the General Conditions (and Supplementary Conditions if applicable}. 6.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment at intervals not less than once each month during pertormance of the Work as provided in paragraph 6.02.A.1 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and Supplementary Conditions if applicable) (and in the case of Unit Price Work based on the number of units completed) or, in .the event there is no schedule of values, as provided in the General Requirements: 1. Progress payments will be made in an amount equal to the percentage indicated below, less the aggregate of payments previousy made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions (and Supplementary Conditions if applicable): 00520 -Agreement (Public Works) -ADDENDUM 2 ADDENDUM NO. 2 00520 - 2 F:1PubUc WorlroUCeItlV�AlStonnwater Projecie\Epret Mesh OparetioMConveta Surface ModlfkeUoMBlddlnp DoeurnmKstBiddlrq mid ConVad OoumentsW0520 - Aprearnent 15 8 (Prblk: Works) -ADDENDUM 2.doc Ray. 05!01 �'I A. CONTRACTOR and OWNER recognize that time is of the essence for this Agreement and that OWNER will suffer financial loss if the Work is not completed on or before the date specked in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parries 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 $500 for each calendar day that expires after the date specified in paragraph 4.02 for Final Completion, until the Work is finally complete and ready for final payment. ARTICLE 5 -CONTRACT PRICE 5.01 OWNER shall .pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the. sum of the amounts determined pursuant to paragraph 5:01.A and summarized in paragraph 5.01.8, below: A. For ail Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:: Numerical Amount: $1,288,482.00 Written Amount: One mi{lion two hundred eight -eight thousand four hundred eighry- two dollars and zero cents ARTICLE 6 -PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions (and Supplementary Conditions if applicable). Applications for Payment will be processed by ENGINEER as provided in the General Conditions (and Supplementary Conditions if applicable}. 6.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment at intervals not less than once each month during pertormance of the Work as provided in paragraph 6.02.A.1 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and Supplementary Conditions if applicable) (and in the case of Unit Price Work based on the number of units completed) or, in .the event there is no schedule of values, as provided in the General Requirements: 1. Progress payments will be made in an amount equal to the percentage indicated below, less the aggregate of payments previousy made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions (and Supplementary Conditions if applicable): 00520 -Agreement (Public Works) -ADDENDUM 2 ADDENDUM NO. 2 00520 - 2 F:1PubUc WorlroUCeItlV�AlStonnwater Projecie\Epret Mesh OparetioMConveta Surface ModlfkeUoMBlddlnp DoeurnmKstBiddlrq mid ConVad OoumentsW0520 - Aprearnent 15 8 (Prblk: Works) -ADDENDUM 2.doc Ray. 05!01 �'I ` a. Ninety percent (90%) of Work completed (with the balance being retainage). There viii be no payment for the cost of materials and equipment not incorporated in the Work but stored on the Project site. 6.03 Final Payment A. Upon fine! completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions (and Supplementary Conditions if applicable), OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 7 -INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions (and Supplementary Conditions if applicable} to the Construction Contract. ARTICLE 13 -CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. .B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect Dost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the speck means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the �� � - - �.. �,� ;. _ ... �� vua[u - rtyrwsmesrn �rutnw rvin na/ • rwvu.vvm ADDENDUM N0.2 00520 - 4 F:1Public WakeV(eiNM1&ammveler ProjeUetEBret Marefi CAeretion\Concrete Su�faee ModNitatbNBiOdrp Dodmenls�Bidding eiW Conlrad Dowmerxs100520 -Agreement � G O (Publk Works) -ADDENDUM 2.doc Rev. OSi01 V ` a. Ninety percent (90%) of Work completed (with the balance being retainage). There viii be no payment for the cost of materials and equipment not incorporated in the Work but stored on the Project site. 6.03 Final Payment A. Upon fine! completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions (and Supplementary Conditions if applicable), OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 7 -INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions (and Supplementary Conditions if applicable} to the Construction Contract. ARTICLE 13 -CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. .B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect Dost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the speck means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the �� � - - �.. �,� ;. _ ... �� vua[u - rtyrwsmesrn �rutnw rvin na/ • rwvu.vvm ADDENDUM N0.2 00520 - 4 F:1Public WakeV(eiNM1&ammveler ProjeUetEBret Marefi CAeretion\Concrete Su�faee ModNitatbNBiOdrp Dodmenls�Bidding eiW Conlrad Dowmerxs100520 -Agreement � G O (Publk Works) -ADDENDUM 2.doc Rev. OSi01 V 10��•'a'1 OP ID: WH A��..,oRow CERTIFICATE OF LIABILITY INSURANCE DAT11/01D/YYYY) 11/01/12 THIS CERTIFICATE, IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the PRODUCER 863-763-7711 Pritchards & Associates, Inc. Bi 1802 S Parrott Ave Okeechobee, FL 349744179 Lowell H Pritchard INSURED Close Construction, LLC PO Box 2558 Okeechobee, FL 34973 COVERAGES CERTIFICATE NUMBER: 863-763-5629 CLOSE -3 INSURER A : OWnerB InsuranC@ 32700 INSURER 8: Southern Owners 10190 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL SUB POLICY NUMBER POLICY MM DDIYYYY POLICY EXP MM DD/YYYY LIMITS B GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X Contractual Llab AUTHORIZED REPRESENTATIVE 72637778 06/14/12 06/14/13 EACH OCCURRENCE $ 11000,00 DAMAGE TO RENTED� PREMISES Ea occurrence $ 100,00 MED EXP (Any one person) $ 51000 PERSONAL & ADV INJURY $ 110001000 X XCU GENERAL AGGREGATE $ 21000900 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY F7 J`ERCOT F7 LOC PRODUCTS - COMP/OP AGG $ 2,000100 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 4457286400 06/14/12 06/14/13 COa BI dEDt) SINGLE LIMIT $ 1/000100 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ C X UMBRELLA LIAB EXCESS LU1B X OCCUR CLAIMS -MADE 4457286401 06114112 06114113 EACH OCCURRENCE $ 2,000A0 AGGREGATE $ 2,000,00 RETENTION $ 10,000 $ XdDEDUCTIBLE $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDEI ❑N (Mandatory In NH) It yes, describe under DESCRIPTION OF OPERATIONS below N I A 830499$2 04/01/12 04/01/13 X WC STATU- I TORY I IMM OTH- ER E.L. EACH ACCIDENT $ 11000900 E.L. DISEASE - EA EMPLOYEEI $ 19000,00 E.L. DISEASE - POLICY LIMIT $ 11000100 B JEquipment Floater r2637778 06/14/12 1 06/14/13 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more apace is required) included as Additional Insured as required by written contract, but limited to the operations of the Insured under said contract with respect to the General Liability and Auto. 10 Days notice of Cancellation for Nonpayment of Premium CERTIFICATE NOI nFR CANCELLATION INDIA -3 ©1988-2009 ACORD CORPORATION. All rights reserv SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Indian River County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1800 27th Street ACCORDANCE WITH THE POLICY PROVISIONS, Vero Beach, FL 32960 AUTHORIZED REPRESENTATIVE czalw i ed. ACORD 25 (2009109), The ACORD name and logo are registered marks of ACORD 10��•'a'1 OP ID: WH A��..,oRow CERTIFICATE OF LIABILITY INSURANCE DAT11/01D/YYYY) 11/01/12 THIS CERTIFICATE, IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the PRODUCER 863-763-7711 Pritchards & Associates, Inc. Bi 1802 S Parrott Ave Okeechobee, FL 349744179 Lowell H Pritchard INSURED Close Construction, LLC PO Box 2558 Okeechobee, FL 34973 COVERAGES CERTIFICATE NUMBER: 863-763-5629 CLOSE -3 INSURER A : OWnerB InsuranC@ 32700 INSURER 8: Southern Owners 10190 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL SUB POLICY NUMBER POLICY MM DDIYYYY POLICY EXP MM DD/YYYY LIMITS B GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X Contractual Llab AUTHORIZED REPRESENTATIVE 72637778 06/14/12 06/14/13 EACH OCCURRENCE $ 11000,00 DAMAGE TO RENTED� PREMISES Ea occurrence $ 100,00 MED EXP (Any one person) $ 51000 PERSONAL & ADV INJURY $ 110001000 X XCU GENERAL AGGREGATE $ 21000900 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY F7 J`ERCOT F7 LOC PRODUCTS - COMP/OP AGG $ 2,000100 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 4457286400 06/14/12 06/14/13 COa BI dEDt) SINGLE LIMIT $ 1/000100 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ C X UMBRELLA LIAB EXCESS LU1B X OCCUR CLAIMS -MADE 4457286401 06114112 06114113 EACH OCCURRENCE $ 2,000A0 AGGREGATE $ 2,000,00 RETENTION $ 10,000 $ XdDEDUCTIBLE $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDEI ❑N (Mandatory In NH) It yes, describe under DESCRIPTION OF OPERATIONS below N I A 830499$2 04/01/12 04/01/13 X WC STATU- I TORY I IMM OTH- ER E.L. EACH ACCIDENT $ 11000900 E.L. DISEASE - EA EMPLOYEEI $ 19000,00 E.L. DISEASE - POLICY LIMIT $ 11000100 B JEquipment Floater r2637778 06/14/12 1 06/14/13 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more apace is required) included as Additional Insured as required by written contract, but limited to the operations of the Insured under said contract with respect to the General Liability and Auto. 10 Days notice of Cancellation for Nonpayment of Premium CERTIFICATE NOI nFR CANCELLATION INDIA -3 ©1988-2009 ACORD CORPORATION. All rights reserv SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Indian River County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1800 27th Street ACCORDANCE WITH THE POLICY PROVISIONS, Vero Beach, FL 32960 AUTHORIZED REPRESENTATIVE czalw i ed. ACORD 25 (2009109), The ACORD name and logo are registered marks of ACORD �� OP ID: WH ARD CERTIFICATE OF LIABILITY INSURANCE DA 11/01/12 ) THIS CERTIFICATE iS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate. does not confer rights to the eeltificate holder In lieu of such endorsementls). PRODUCER 863-763-7711 Pritchards &Associates, Inc. 8 1802 S Parrott Ave Okeechobee, FL 34974-6179 Lowell H Pritchard INSURED Close Construction, LLC PO Box 2558 Okeechobee, FL 34973 rnvcReat=c CERTIFICATE NUMBER: NAME:y� Whitne Godwin eHONN F..�, 863-763-7711 FnAiXc. Nel: 863-763-5629 Owners Insurance 32700 Southern Owners 10190 Ins. !10701 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. /NSR LTR - TYPE OF INSURANCE SHOUt.D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Indian River County 1800 27th Street POLICY NUMBER POLICY EFF MM/DD YYY POLICY EXP MM/DD/YYYY LIMITS _ B GENERAL LIABILITY. X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR X Contractual Liab ��� 72637778 06H4112 06114/13 EACH OCCURRENCE S 1,000,00 PREMISES Ea occurrence E 100.00 MED EXP (Any one person) i S,OO PERSONAL b ADV INJURY E 1,000.00 GENERAL AGGREGATE E 2,000,00 J( XCU PRODUCTS - COMP/OP AGG S 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC S A AUTOMOBILE LIABILITY ANY AUTO ALLOWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 4457286400 06/74/12 06H4/13 COMBINED SINGLE LIMIT (Ea accident) S 1,000.00 X _ __ BODILY INJURY (Per person) E BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per aaidenl) _ = E C X UMBREUA LUlB EXCESS LUtB X OCCUR CLAIMS -MADE 457288401 06114/12 06/14/13 EACH OCCURRENCE S 2,000,00 AGGREGATE S 2,000.00 S DEDUCTIBLE RETENTION E 1O OOO E X D WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUnVE Y � N OFFICER/MEMBER EXCLUDE09 ❑N (Mandatory In NH) If yea, describe under DESCRIPTION OF OPERATIONS below N / A 830-29982 04/01f12 04/01/13 X WC STATU- �' OTH- E.L. EACH ACCIDENT a 1,000,00 E.L. DISEASE - EA EMPLOYEE S 1,000,00 E.L. DISEASE -POLICY LIMIT S 1,000,00 g Equipment Floater 2637778 06N4112 06114/13 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AHach ACORD 101, Additional Remarks Schedule, if more space Is required) included as Additional Insured as required by written contract, but limited to the operations of the Insured under said contract, with respect to the General Liability and Auto.10 Days notice of Cancellation for Nonpayment of Premium CFRTI�ICATF Nnl /IFR CANCELLATION INDIA -3 SHOUt.D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Indian River County 1800 27th Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Vero Beach, FL 32960 AUTHORIZED REPRESENTATIVE ��� ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD �� OP ID: WH ARD CERTIFICATE OF LIABILITY INSURANCE DA 11/01/12 ) THIS CERTIFICATE iS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate. does not confer rights to the eeltificate holder In lieu of such endorsementls). PRODUCER 863-763-7711 Pritchards &Associates, Inc. 8 1802 S Parrott Ave Okeechobee, FL 34974-6179 Lowell H Pritchard INSURED Close Construction, LLC PO Box 2558 Okeechobee, FL 34973 rnvcReat=c CERTIFICATE NUMBER: NAME:y� Whitne Godwin eHONN F..�, 863-763-7711 FnAiXc. Nel: 863-763-5629 Owners Insurance 32700 Southern Owners 10190 Ins. !10701 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. /NSR LTR - TYPE OF INSURANCE SHOUt.D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Indian River County 1800 27th Street POLICY NUMBER POLICY EFF MM/DD YYY POLICY EXP MM/DD/YYYY LIMITS _ B GENERAL LIABILITY. X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR X Contractual Liab ��� 72637778 06H4112 06114/13 EACH OCCURRENCE S 1,000,00 PREMISES Ea occurrence E 100.00 MED EXP (Any one person) i S,OO PERSONAL b ADV INJURY E 1,000.00 GENERAL AGGREGATE E 2,000,00 J( XCU PRODUCTS - COMP/OP AGG S 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC S A AUTOMOBILE LIABILITY ANY AUTO ALLOWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 4457286400 06/74/12 06H4/13 COMBINED SINGLE LIMIT (Ea accident) S 1,000.00 X _ __ BODILY INJURY (Per person) E BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per aaidenl) _ = E C X UMBREUA LUlB EXCESS LUtB X OCCUR CLAIMS -MADE 457288401 06114/12 06/14/13 EACH OCCURRENCE S 2,000,00 AGGREGATE S 2,000.00 S DEDUCTIBLE RETENTION E 1O OOO E X D WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUnVE Y � N OFFICER/MEMBER EXCLUDE09 ❑N (Mandatory In NH) If yea, describe under DESCRIPTION OF OPERATIONS below N / A 830-29982 04/01f12 04/01/13 X WC STATU- �' OTH- E.L. EACH ACCIDENT a 1,000,00 E.L. DISEASE - EA EMPLOYEE S 1,000,00 E.L. DISEASE -POLICY LIMIT S 1,000,00 g Equipment Floater 2637778 06N4112 06114/13 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AHach ACORD 101, Additional Remarks Schedule, if more space Is required) included as Additional Insured as required by written contract, but limited to the operations of the Insured under said contract, with respect to the General Liability and Auto.10 Days notice of Cancellation for Nonpayment of Premium CFRTI�ICATF Nnl /IFR CANCELLATION INDIA -3 SHOUt.D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Indian River County 1800 27th Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Vero Beach, FL 32960 AUTHORIZED REPRESENTATIVE ��� ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD SECTION 00605 -PUBLIC CONSTRUCTION BOND 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: CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTOR PHONE NO: SURETY COMPANY NAME: SURETY PRINCIPAL BUSINESS ADDRESS: SURETY PHONE NO: OWNER NAME: OWNER ADDRESS: OWNER PHONE NO: OBLIGEE NAME: (If contractlng entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: CONTRACT NO: Qf applicable) DESCRIPTION OP WORK: PROJECT LOCATION: LEGAL DESCRIPTION: (If appliable) 218CSFZ7966 CLOSE CONSTRUCTION, LLC 301 N.W. 4th Avenue Okeechobee, FL 34972 (863) 467-0831 ' Hartford Fire Insurance Company One Hartford Plaza Hartford, CT 06183 (860) 54? -5000 Indian River Board of County Commiasianers 1800 27th Straet Vero Beach, Fl 32960 772) 226-1416 N/A N/A 2248736 THIS DOCUMENT HAS BEEN CORDS R OF INDIAN RIVER COUNTY FL - 618 RC'1sta paael of 3 N/A 1110112012 at 11:11 AM, JEFFREY R $1,288,482.00 Bid No. 2012053 , Project No. 0435A Modifications to Egret Marsh Stormwater Park Flotray 7295 4th Street, Uero Beach, FL 32968 FRONT PAGE All other bond pages) ere deemed snbsegumt Io this page regazdless of any page numlur(s) that may be printed U�ereon. Last Revised: 7-25-2011 00605-2 EGRET MARSH FLOWAY F:�Public WorksUCeithMlStormwater Projects�Egret Marsh OperationlConcrete Surface ModiticationlBidding and Contract Doctrments100605 -Public Construction Bond.docx COURT SECTION 00605 -PUBLIC CONSTRUCTION BOND 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: CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTOR PHONE NO: SURETY COMPANY NAME: SURETY PRINCIPAL BUSINESS ADDRESS: SURETY PHONE NO: OWNER NAME: OWNER ADDRESS: OWNER PHONE NO: OBLIGEE NAME: (If contractlng entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: CONTRACT NO: Qf applicable) DESCRIPTION OP WORK: PROJECT LOCATION: LEGAL DESCRIPTION: (If appliable) 218CSFZ7966 CLOSE CONSTRUCTION, LLC 301 N.W. 4th Avenue Okeechobee, FL 34972 (863) 467-0831 ' Hartford Fire Insurance Company One Hartford Plaza Hartford, CT 06183 (860) 54? -5000 Indian River Board of County Commiasianers 1800 27th Straet Vero Beach, Fl 32960 772) 226-1416 N/A N/A 2248736 THIS DOCUMENT HAS BEEN CORDS R OF INDIAN RIVER COUNTY FL - 618 RC'1sta paael of 3 N/A 1110112012 at 11:11 AM, JEFFREY R $1,288,482.00 Bid No. 2012053 , Project No. 0435A Modifications to Egret Marsh Stormwater Park Flotray 7295 4th Street, Uero Beach, FL 32968 FRONT PAGE All other bond pages) ere deemed snbsegumt Io this page regazdless of any page numlur(s) that may be printed U�ereon. Last Revised: 7-25-2011 00605-2 EGRET MARSH FLOWAY F:�Public WorksUCeithMlStormwater Projects�Egret Marsh OperationlConcrete Surface ModiticationlBidding and Contract Doctrments100605 -Public Construction Bond.docx COURT PUBLIC CONSTRUCTION BOND Bond No. 2�ecsFz�966 (enter bond number) BY THIS BOND, We CLOSE CONSTRUCTION, t_�c , as Principal and Hartford Fire Insurance Company a corporation, as Surety, are bound to Indian River County, herein called Owner, in the sum of $ 1,2B89482.00 for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated bc4�b, ZoIL, between Principal and Owner for construction of Modifications to Egret Marsh Stormwater Park Floway the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 455.05 2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. Close Construction, LLC (Na�mep of Principal} By "00000 Tvo�evo►s . C\05Q t Rc25iCCtC� Charles J. Nie son, Rttorney In Fact. Last Revised: 7-25-2011 00605-3 EGRET MARSH FLOWAY F:\Public VJorkslKeithM\Stormwater Projects\Egret Marsh Operation\Concrete Surface Modification\Bidding and Contract Documents\00605 - Public Construction Bond.docx PUBLIC CONSTRUCTION BOND Bond No. 2�ecsFz�966 (enter bond number) BY THIS BOND, We CLOSE CONSTRUCTION, t_�c , as Principal and Hartford Fire Insurance Company a corporation, as Surety, are bound to Indian River County, herein called Owner, in the sum of $ 1,2B89482.00 for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated bc4�b, ZoIL, between Principal and Owner for construction of Modifications to Egret Marsh Stormwater Park Floway the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 455.05 2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. Close Construction, LLC (Na�mep of Principal} By "00000 Tvo�evo►s . C\05Q t Rc25iCCtC� Charles J. Nie son, Rttorney In Fact. Last Revised: 7-25-2011 00605-3 EGRET MARSH FLOWAY F:\Public VJorkslKeithM\Stormwater Projects\Egret Marsh Operation\Concrete Surface Modification\Bidding and Contract Documents\00605 - Public Construction Bond.docx SECTION 00605 —PUBLIC CONSTRUCTION BOND INSTRUCTIONS FOR PUBLIC CONSTRUCTION BOND The front or cover page to the required Public Construction Payment and Performance Bond shall contain the information required by Fla. Stat. 255.05{1)(a), and be substantially in the format shown on the first page following this instruction. The Public Construction Bond shall be in the form suggested by Fla. Stat. 255.05{3) as shown on the second page following. this instruction. A Power of Attomey from a surety insurer authorized to do business in Florida, authorizing the signature of the Attomey in Bond shall accompany that Bond. Fact who executes the Public Construction Last Revised: 7-25-2011 00605-1 EGRET MARSH FLOWAY F:\Public Works\KeithM\Stomrvvater Projects\Egret Marsh Operation\Concrete Surface Modificetion\Bidding and Contract Documents\00605 - Public Conswction Bonddocx SECTION 00605 —PUBLIC CONSTRUCTION BOND INSTRUCTIONS FOR PUBLIC CONSTRUCTION BOND The front or cover page to the required Public Construction Payment and Performance Bond shall contain the information required by Fla. Stat. 255.05{1)(a), and be substantially in the format shown on the first page following this instruction. The Public Construction Bond shall be in the form suggested by Fla. Stat. 255.05{3) as shown on the second page following. this instruction. A Power of Attomey from a surety insurer authorized to do business in Florida, authorizing the signature of the Attomey in Bond shall accompany that Bond. Fact who executes the Public Construction Last Revised: 7-25-2011 00605-1 EGRET MARSH FLOWAY F:\Public Works\KeithM\Stomrvvater Projects\Egret Marsh Operation\Concrete Surface Modificetion\Bidding and Contract Documents\00605 - Public Conswction Bonddocx Direct Inquiries/Claims to: POWER OF ATTORNEY T"E"ARTF°Ro BOND, T-4 One Hartford Plaza Hartford, Connecticut 06155 call.• 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21-229752 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Q Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the la++'s of the State of Connecticut Twin City Fire Insurance Company, a corporation dull organized under the la+vs of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the la+vs of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Q Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Charles J. Nielson, Mary C. Aceves, Charles D. Nielson, Joseph Penichet Nielson, David R. Hoover of Miami Lakes, FL their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seat and acknowiedge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed 6y law.. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009 the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Wesley W. Cowling, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD tasv a...«n.. M. Ross Fisher, Vice President On this 12'" day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ?�t�y� � , CERTIFICATE Kathleen T. Maynazd Notary Public My Commission Expires July 31, 2016 I, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Qc�b,v✓ �4 ,:l,Ot �, . Signed and sealed at the City of Hartford. teez 2248737 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2618 PG:1286. Pagel of 2 11101/2012 at 11:11 AM, JEFFREY R SMITH, CLERK OF COURT r9To .' ,,.�, t Gary W. Stumper, Vice President Direct Inquiries/Claims to: POWER OF ATTORNEY T"E"ARTF°Ro BOND, T-4 One Hartford Plaza Hartford, Connecticut 06155 call.• 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21-229752 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Q Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the la++'s of the State of Connecticut Twin City Fire Insurance Company, a corporation dull organized under the la+vs of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the la+vs of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Q Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Charles J. Nielson, Mary C. Aceves, Charles D. Nielson, Joseph Penichet Nielson, David R. Hoover of Miami Lakes, FL their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seat and acknowiedge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed 6y law.. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009 the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Wesley W. Cowling, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD tasv a...«n.. M. Ross Fisher, Vice President On this 12'" day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ?�t�y� � , CERTIFICATE Kathleen T. Maynazd Notary Public My Commission Expires July 31, 2016 I, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Qc�b,v✓ �4 ,:l,Ot �, . Signed and sealed at the City of Hartford. teez 2248737 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2618 PG:1286. Pagel of 2 11101/2012 at 11:11 AM, JEFFREY R SMITH, CLERK OF COURT r9To .' ,,.�, t Gary W. Stumper, Vice President � 4c ren LIM t) F, A rr `T i S % FFAIS `. tIF 1 14 I IF) rY ? all I I r, =IF I . IF v IF to I IF IF h 1f s7-1 IF MA rV IF It rr r IFIFIF Lj tz IF f 1, IF i It f` �F AFF � 4c ren LIM t) F, A rr `T i S % FFAIS `. tIF 1 14 I IF) rY ? all I I r, =IF I . IF v IF to I IF IF h 1f s7-1 IF MA rV IF It rr r IFIFIF Lj tz IF f 1, IF i It f` �F AFF t ATTACHMENT E SECTION 00520 -AGREEMENT Addendum No. 2 p•1�=1z- ,z.�.z. � o/d `I�� THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Close Construction, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1A1 � CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generaNy described as follows: Removal and disposal of grid materia( and a geomembrane lining from the algal turf scrubber surface at Egret Marsh Stormwater Park and construction of a concrete algal turf scrubber surface. ARTICLE 2 -THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: MODIFICATIONS TO EGRET MARSH STORMWATER PARK FLOWAY County Project Number: 0435A Bid Number: 2012053 Project Address: 7295 4T" Street, Vero Beach, FL 32968. ARTICLE 3 —ENGINEER 3.01 The Stormwater Division of the Indian River County Public Works Department is hereinafter called the ENGINEER and wilt 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 the completion of the Work in accordance with the Contract Documents. ARTICLE 4 -CONTRACT TIMES 4.01. Time of the Essence A. AU time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence to the Contract. 4.02 Days to Achieve Final Completion and Final Payment A. The Work will be fully completed (Final Completion) and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 116"' day after the issuance of the Notice-to-Prooeed A�sumina the Notice -to -Proceed is issued October 23 2012 then the date of Final Completion is on or before February 15. 2013. NAaFsI�-46; -iA�3. 4.03 Liquidated Damages 00520 -Agreement (Public Works) -ADDENDUM 2 ADDENDUM NO.2 00520 -1 F:W ubllc WakeYCeI1hMlSMrmweter ProlectelE9rel Meroh OperetbnlCorcete SuAaee Modififxlllori�Bidtling poanrrentolBlddhg eras Convect pouvmenpW05�-Agreertient � C (Public Woiloti)-ADOENOUM 2.cbc Rev. 05101 V7