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HomeMy WebLinkAbout2014-031A a� 03 t A 3J ) $ Jaor �, Agreement 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 DUININCK. INC . ( 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 : Installation of irrigation system improvements at Sandridge Dunes Golf Course . ARTICLE 2 - THE PROJECT 2001 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 : Dunes Golf Course Irrigation System Project Bid Number : 2014024 Project Address : Sandridge Golf Club 5300 73rd Street Vero Beach , FL 32967 ARTICLE 3 - CONTRACT TIMES 3 .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 specifications are of the essence of the Contract . 3 . 02 Days to Achieve Substantial Completion, Final Completion and Final Payment A . The Work will be completed and ready for final payment on or before the 120th day after the date when the Contract Times commence to run ( estimated to begin May 15, 2014 ) . 3 .03 Liquidated Damages A . CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3 .02 above, plus any extensions thereof allowed in writing as a change order to this agreement . Liquidated damages will commence for this portion of work . The parties also recognize Page 1 of 7 C 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 $ 1 , 148 . 00 for each calendar day that expires after the time specified in paragraph 3 .02 for completion and readiness for final payment until the Work is completed and ready for final payment . ARTICLE 4 - CONTRACT PRICE 4 .01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4 . 01 .A and summarized in paragraph 4 .01 . 13, below : A. For all Work, at the prices stated in CONTRACTOR' s Bid , attached hereto as an exhibit . Be THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents : Numerical Amount : $ 1 , 168 ,000 . 00 Written Amount : One million one hundred sixty-eight thousand dollars and zero cents ARTICLE 5 - PAYMENT PROCEDURES 5 . 01 Progress Payments, A . The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218 . 70 et . seq . The OWNER shall retain ten percent ( 10% ) of the payment amounts due to the CONTRACTOR until fifty percent ( 50% ) completion of the work . After fifty percent ( 50% ) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent ( 5 % ) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents . Pursuant to Florida Statutes section 218 . 735 ( 8 ) ( b ) , fifty percent ( 50% ) completion means the point at which the County as OWNER has expended fifty percent ( 50% ) of the total cost of the construction services work purchased under the Bid and Specification Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents . 5 . 02 Pay Requests. A . Each request for a progress payment shall contain the CONTRACTOR' S certification . All progress payments will be on the basis of progress of the work measured by the schedule of values established , or in the case of unit price work based on the number of units completed . After fifty percent ( 50% ) completion , and pursuant to Florida Statutes Page 2 of 7 section 218 . 735 ( 8 ) ( d ), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half ( 1/2 ) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute ; the subject of a claim pursuant to Florida Statutes section 255 . 05 ( 2005 ) ; or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR . The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers . Pursuant to Florida Statutes section 218 . 735 ( 8 ) ( c ) ( 2005 ) , CONTRACTOR further acknowledges and agrees that : 1 ) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent ( 5 % ) after fifty percent ( 50% ) completion ; and 2 ) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request . 5 . 03 Paragraphs 5 . 01 and 5 . 02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act . In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines . 5 . 04 Acceptance of Final Payment as Release . A . The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work . Any payment, however, final or otherwise , shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond , ARTICLE 6 - INDEMNIFICATION 6 .01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney' s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the construction contract . ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7 . 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 Invitation to Bid documents . Page 3 of 7 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 obtained and carefully studied ( or assumes responsibility for having done so ) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions ( surface, subsurface, and Underground Facilities ) at or contiguous to the Site which may affect cost, 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 specific 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 . E . CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents , F . CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents . G . CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site , reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents , H . CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR . I . The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work . ARTICLE 8 - CONTRACT DOCUMENTS 8 .01 Contents A. The Contract Documents consist of the following : 1 . This Agreement ( pages 1 to J inclusive ) ; 2 . Notice to Proceed 3 . Public Construction Bond ( pages 30 to 31 , inclusive ) ; 4 . Certificate of Liability Insurance Page 4 of 7 5 . Irrigation System Material and Installation Specifications ( pages 1 to 44, inclusive ) 6 . Drawings consisting of a cover sheet and sheets numbered OVR, M1 to M2 , inclusive , TE1 to TE2 , inclusive , 1161 - 1162 , inclusive and D1 , with each sheet bearing the following general title : Sandridge Golf Course ; 7 . Addenda ( numbers 1 to 2 , inclusive ) ; 8 . CONTRACTOR' S Bid Form ( pages 12 to 15 of 31, inclusive ) ; 9 . Bid Bond ( pages 1 inclusive ) ; 10 . Bidders Questionnaire ( page 9 to 11 of 31, inclusive ) ; 11 . Affidavit of Compliance ( page 17 of 31 ) ; 12 . Sworn Statement Under the Florida Trench Safety Act ( pages 20 to 21 of 31, inclusive ) ; 13 . Sworn Statement Under Section 105 . 08, Indian River County Code, on Disclosure of Relationships ( pages 18 to 19, inclusive ) ; 14 . The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto : a ) Written Amendments; b ) Work Change Directives; c ) Change Order( s) . 15 . Contractor' s Application for Payment ( pages 1 - 5 inclusive ) ; 16 . Contractor' s Final Certificate of the Work ( Pages 1 to 2 , inclusive ) ARTICLE 9 - MISCELLANEOUS 9 .01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid . 9 . 02 Assignment of Contract A . No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound ; and , specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent ( except to the extent that the effect of this restriction may be limited by law ) , and unless specifically stated to the contrary in any written consent to an Page 5 of 7 assignment, no assignment will release or discharge the assignor from any duty or responsibility under the . Contract Documents . 9 .03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents . 9 . 04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken , and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision . 9 .05 Venue A . This Contract shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida , or, in the event of a federal jurisdiction , in the United States District Court for the Southern District of Florida . [The remainder of this page was left blank intentionally] Page 6 of 7 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate . One counterpart each has been delivered to OWNER and CONTRACTOR . All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on March 25th , 2014 ( the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement ) . OWNER : CONTRACTOR : •'•. 2 a ;'G0�0�9 : � c Cdr Vase INDIAN RIVER COUNTY 1jERS•••.,• DUININCK INC . VirQ • , * •' 0 sto 0 gob 006 a es By : •••B � : un„ In aaa� 0 Peter D . O' Bryan , Chairman o ( Chris G . Duininck, Vice- President ) By : i* •.• '••.. . , t ' ' G�J\� . ( CORPORATE El ••, A .y Ri.lic 000 seph A Baird , County Administrator ••...A Attest I (Trevor Duininck, Secretary) BCC A � orovedA M-arch 18 , 2014 APPROVED AS TO FORM AND LEGA UFFICIENCY : By : Dylan Reingold , County Attorney Address for giving notices : PO Box 208 Prinsburg, MN 56281 Jeffrey R . Smith , Clerk o ourt and Com tro r License No . CGC 1506069 ( Where applicable ) Attes Deputy Clerk 0V W Agent for service of process : ( SEAL) Designated Representative : Name : Bela Nagy Designated Representative : Title : Director of Golf Name : Steve Wolbeck Sandridge Golf Club Title : Proiect Manager 5300 73rd Street Address : PO Box 208 Vero Beach, FL 32967 Prinsburg, MN 56281 ( 772 ) 770-5003 Phone : 320-9784346 Facsimile : ( 772 ) 770- 5109 Facsimile : 320-978-9900 ( If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign . ) Page 7 of 7 Form W' 9 Request for Taxpayer Give Form to the DWart August2013) Identification Number and Certification requester. Do not Departrnant of the Treasury send to the IRS. lntem al, Revenue.Servlce-- - Name (as shown' on your income tax return) - - `-" ' -- - - - - Dulnlnck, . In-c. N - Business"name/disregarded entity name; if different from above' _- - m o Check appropriate box for federal tax classification Exemptions (see instructions): — c m ❑ Individual/sole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trustlestate p Exempt payee code (if any)TOM , -_ ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) 1 - Exemption from FATCA reporting C 1 code (if any) d _ ❑ . CKher (see Instructions) ►- u - - — - - - Address (number, street, and apt. or suite no.) Repuester's name and address (optional) a PO Box 208 N$ City, state, and ZIP code N Prinsbur , MN_ 56281 - List account hu' mber(s).here (option — — — - • . Tax ager identification Number" (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line 'Soot security number to avoid backup withholding . For individuals, this is your social security number (SSN). However, for a resident alien , sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a m, - - —• TIN on page 3 . Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer tdentlflgation number _ number to enter. M41 - 1 5 5 2 6 5 4 MENNEN ,Certification - - - - — Under penalties of perjury, I certify that: - 1 . The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding , or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U .S. citizen or other U .S. person (defined below), and 4. The FATCA code(s) entered on this form Of any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return . For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generdlly, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN . See the instructions on1page 3. Sign Signature of IT Ir Here U.S. person lob Date ► General Instructions withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) Indicating that you are Section references are to the Internal Revenue Code unless otherwise noted, exempt from the FATCA reporting, is correct. Future developments. The IRS has created a page on IRS.gov for information Note. If you are a U .S. person and a requester gives you a form other than Form about Form W-9, at wwwJrs.gov/w9. Information about any future developments W-9 to request your TIN, you must use the requester's form if It is substantially affecting Form W-9 (such as legislation enacted after we release it) will be posted similar to this Form W-9. on that page. Definition of a U.S. person. For federal tax purposes, you are considered a US. Purpose of Form person if you are: A person who is required to file an information return with the IRS must obtain your • An Individual who is a U.S. citizen or U .S. resident alien, cored taxpayer identification number (TIN) to report, for example, income paid to • A partnership, corporation, company, or association created or organized in the you, payments made to you in settlement of payment card and third party network United States or under the laws of the United States, transactions, real estate transactions, mortgage interest you paid, acquisition or . An estate (other than a foreign estate), or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. . q domestic trust (as defined in Regulations section 301 .7701 -7). Use Form W-9 only if you are a U.S. person (including a resident alien), to Special rules for partnerships. Partnerships that conduct a trade or business In provide your correct TIN to the person requesting it (the requester) and , when the United States are generally required to pay a withholding tax under section applicable, to: 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, 1 . Certify that the TIN you are giving is correct (or you are waiting for a number the rules under section 1446 require a partnership to presume that a partner is a to be issued), foreign person, and pay the section 1446 withholding tax. Therefore, if you are a 2. Certify that you are not subject to backup withholding, or U .S. parson that is a partner in a partnership conducting a trade or business in the 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If United States, provide Form W-9 to the partnership to establish your U.S. status applicable, you are also certifying that as a U.S. person, your allocable share of and avoid section 1446 withholding on your share of partnership income, any partnership income from a U .S. trade_ or business is not subject to the -- - - -- - _ Cat. No, 10231X Form W-9 (Rev. 8W2013) 2014024 Dunes Golf Course Irrigation System Project Public Work 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: 929580584 CONTRACTOR NAME: Duininck, Inc . CONTRACTOR ADDRESS : PO Box 208 Prinsburg, MN 56281 CONTRACTOR PHONE NO: 320 - 978 - 6011 SURETY COMPANY NAME: Western Surety Company SURETY PRINCIPAL PO Box 5077 BUSINESS ADDRESS : Sioux Falls , SD 57117 SURETY PHONE NO: 888 - 800 - 6267 OWNER NAME : Indian River County OWNER ADDRESS : 1800 27th Street Vero Beach , FL 32960 OWNER PHONE NO: 772 ' 226 - 1575 OBLIGEE NAME : Indian River County (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: 1800 27th Street Vero Beach , FL 32960 OBLIGEE PHONE NO: 772 - 226 - 1575 BOND AMOUNT: $ 1 , 168 , 000 . 00 One million one hundred sixty eight thousand dollars and no cents CONTRACT NO: 2014024 (if applicable) DESCRIPTION OF WORK: Irrigation System Improvements Dunes Golf Course PROJECT LOCATION : 5300 73rd Street Vero Beach , FL 32967 LEGAL DESCRIPTION: Dunes Golf Course Irrigation System Project (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. Page 30 of 31 M DATE (MWDDNWY) ACOR.O® CERTIFICATE OF LIABILITY INSURANCE 3/2412014 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 Certificate holder in lieu of such endorsements). PRODUCER ACIG Insurance Agency , Inc . NAME: _ 2600 N . Central Ex Suite 800 PHONE ' — 4 ' - ' ' FA% Richardson , TX 7508 L C.No at 972 702-9004 Evc No : _{972 687-0604 E-MAIL ' " " " ' - ADDRESS: accountmanagerS act .Com. INSURER(S) AFFORDING COVERAGE NAIC 9 www. ac!g . com INSURERA : American Contractors Ins, Co. RRG 12300 INSURED - . Duininck , Inc. INSURERS :'. ACIG Insurance Company 19984 P . O . BOX 208 INSURER C : North County Road 1 INSURERD : . ~ Prinsbur MN 56281 -- 9 [INSURER E : INSURER F : _ COVERAGES CERTIFICATE NUMBER : 19570333 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, ILTR TYPE OF INSURANCE DOL SUER POLICY NUMBER MM+LDO/YYYY MMIDDfYYYY LIMITS A COMMERCIAL GENE RAL LIABILITY GL13000028 6/1 !2013 6/1 /2014 EACH OCCURRENCE s 21000 ,000 CLAIMS-MADE FV ] OCCUR primary yAA AISTO RENTED E A GL13X00028 6/1 !2013 6/1 /2014 1?8EM11SE Itaoccurrence) $ _ 100 ,000 excess follow form MED EYP (Any one person) s 5_1000 PERSONAL 8 ADV INJURY $ 2,000 ,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 410001000 POLICY a JELOC PRODUCTS - COMP/OPAGG S 410001000 OTHER; S A AUTOMOBILE LIABILITY AL13000003 6/1 /2013 6/1 /2014 COMBINED SINGLE LIMIT S(Esoac2 ,000 000 ANY AUTO BODILY INJURY (Per person) S ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ NON-OAUTOS AUTOS PERTY HIRED AUTOS - AUTOS�ED .(yacciden!DAMAGE $ S UMBRELLA UAB _ OCCUR EACH OCCURRENCE S _ EXCESS LIAB CLAIMS-MADE AGGREGATE $ R DEC) i J RETENTIONS s B WORKERS COMPENSATION WCA000008513 6/1 /2013 6/1/2014 AND EMPLOYERS' LIABILITY STATUTE ER� B Y / N WCA000004513 6/1 /2013 6/1 /2014 ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1 ,000 ,000 B OFFICER/MEMBEREXCLUDED? ❑N NIA WCA000011913 6/1 /2013 6/1 /2014 (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE! 5 140000000 It yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 5 1 ,000 ,600 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101 , Additional Remarks Schedule, may be attached if more space Is required) Dunes Golf Course Irrigation System Project Indian River County is listed as Additional Insured CERTIFICATE HOLDER - CANCELLATION 2014024 River County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Indian IndianDIVISIOy THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Purchasing Division ACCORDANCE WITH THE POLICY PROVISIONS, treet Vero Beach FL 32960 AUTHORIZED REPRESENTATIVE Michael J . O' Neill © 1988-2014 ACORD CORPORATION. All rights reserved . ACORD 25 ( 2014/01 ) The ACORD name and logo are registered marks of ACORD C R�' NO . : 19g70j33 CLIENT CODE : DU NINCK Heidi Gerdes 3 /24 / 2614 1 55 : 42 PM Page 1 04 2 , , T�13. s certificate cancels and supersedes ALL previously issued certificates . 441 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following : BUSINESS AUTO LIABILITY COVERAGE PART The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section III - BUSINESS AUTO CONDITIONS) is amended by the addition of the following : All rights of recovery against others are waived hereunder to the extent required by contract executed prior to "accident" or " loss" and with respect to such insurance provided by this policy. Nothing herein contained shall be held to vary , alter, waive or extend any of the terms , conditions , provisions , agreements or limitations of the mentioned Policy, other than as above stated . This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated . (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective : same as policy eff, date unless otherwise indicated above . Policy Effective : 6/1 /2013 Policy No . : AL1 3000003 Endorsement No . : insured: Duininck , Inc . Premium $ •' Insurance Company: American Contractors Insurance Co RRG /J��1. . .�y Cf� Countersigned By CaR'f NO . : 19470 33 CLIENT DE : DUI14INCK Heidi Gerdee 3 /24 /2Q14 1 55 : 42 PM Page 2 of 2 Th1s certificate cancels and supersedes ALL previous74y issued certificates . Western SuretyCompany POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY- IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation , is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Wes G Wieberdink , Roger Ahrenholz, Myron Mulder, Individually of Prinsburg, MN, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign , seal and execute for and on its behalf bonds , undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation . In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 18th day of July, 2013 . WESTERN SURETY COMPANY ;oQPOggJ a 3y�4 t^i D= 4Th Dpµ ` aul T. Bruflat, Vice President State of South Dakota 1 JT County of Minnehaha ss On this 18th day of July, 2013 , before me personally came Paul T. Bruflat, to me known , who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls , State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation ; that the seal affixed to the said instrument is such corporate seal ; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires i J . MOHR i S SEAL NOTARY PUBLIC June 23 , 2015 SEAL i r SOUTH DAKOTA t f 1 V ✓ J. Mohr, Notary Public CERTIFICATE I, L. Nelson , Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 19th day of March 2014 WESTERN SURETY COMPANY = W1 i2s M D?w,o L. on , Assistant Secretary Form F4280-7-2012 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7 . All bonds , policies , undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the . Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies , or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds , policies , undertakings , Powers of Attorney or other obligations of the corporation . The signature of any such officer and the corporate seal may be printed by facsimile. STATE OF Minnesota ) SS : COUNTY OF Kandivohi ) I , Verla K . Folkerts . Notary Public of Kandivohi County , in the State of Minnesota do hereby certify that Myron Mulder Attorney- in - Fact of the Western Surety Company , who is personally known to me to be the same person whose name is subscribed to the foregoing instrument , appeared before me this day in person , and acknowledged that he signed , sealed and delivered said instrument , for and on behalf of the Western Surety Company for the uses and purposes therein set forth . Given under my hand and notarial seal at my office in the City of Prinsburg in said County , this I 19th day of March 2014 VERLA K. FOLKERTS Notary Public j N 0 t W P�&OgAnnesota i i r - 2014024 Dunes Golf Course Irrigation System Project PUBLIC CONSTRUCTION BOND Bond No . 929SW584 (enter bond number) BY THIS BOND , We Duininck , Inc . as Principal and Western Surety C(gpany a corporation , as Surety , are bound to Indian River County , herein called Owner , in the sum of $4168 , 000 . 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 march Ia, 014 between Principal and Owner for construction of D m s Dlf Course Irrigation Systern Projxt 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 255 . 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 . DATED ON lilarch 19 , 2014 , ��na�uauerro►n► 4.,, Dui ni nck , Inc . ,� O : •'•• • • • • ' ( Name of Principal ) St CP s aBy :.. • :SES, , (As Attorney in Fact) Myron 1%blder '• , . - ' r,,, �/VNESO'CP,�``��� Western Surety Company �Uapipnm�p���a`` ( Name of Surety) PO Box 5077 Sioux Falls , SD 57117 Page 31 of 31