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HomeMy WebLinkAbout2011-176B2 -V 6�8 AGREEMENT THIS AGREEMENT made and entered into this lQ.� day of (Lrj�%-E ) 200 by and between C) &0 hereinafter called the CONTRACTOR and Indian River COUNTY herein called the OWNER. WITNESSED:That whereas, the OWNER and the CONTRACTOR for the consideration hereinafter named, agree as set forth below: Article 1. SCOPE OF WORK As per specifications of advertised and sealed bid in Indian River County Bid # 2011034 South Reverse Osmosis Plant Chemical System Upgrade ; CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall furnish, for the sum of +�j= ($ 3 a , C� C� ), all of the necessary labor, material, and equipment to perform the work described in accordance with the Contract Documents. Article 2. TIME OF COMPLETION Days from receipt of the Notice to Proceed. Article 3. GENERAL The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made; and shall complete the same the time limit specified herein in accordance with the plans and specifications. The OWNER and CONTRACTOR agree to maintain records, invoices, and payments for the work. The CONTRACTOR shall provide Performance Bonds for all work in this Agreement. All work under this Contract shall be done to the satisfaction of the OWNER, who shall in all cases determine the amount, quality, fitness, and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the CONTRACTOR, and his decision thereon shall be final and conclusive; and such determination and decision, in case any question shall arise, shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder. Any clause or section of this contract or specification which may for any reason be declared invalid by a court of competent jurisdiction, including appeal, if any, may be eliminated therefrom; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein. Page 36 of 38 Article 4. QUANTITIES AND PRICES The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract, based on the items of work set forth in the CONTRACTOR'S Bid Form. Article 5. ACCEPTANCE AND FINAL PAYMENT When the work provided for under this contract has been completed, in accordance with the terms thereof, that a lump sum payment request in the amount of such work shall be prepared by the CONTRACTOR, and filed with the OWNER within fifteen days after the date of completion. The final estimate shall be accompanied by a Certificate of Acceptance issued by the ENGINEER, stating that the work has been completed to his satisfaction, in compliance with the Contract. The Certificate of Acceptance shall not be issued until completed Asbuilt drawings of the actual construction have been furnished to the OWNER and verified. In accordance with the Florida Prompt Payment Act, after receipt of the ENGINEER'S final acceptance by the OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount. PAYMENT of the lump sum amount and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the CONTRACTOR in connection with this Contract. Article 6. THE CONTRACT DOCUMENTS The General Conditions, Special Conditions, Specifications, Bid Documents, Insurance Requirements (Exhibit A), Bonds, and the Drawings, together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein. Article 7. VENUE This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. (Contractor) (Owner) `� �� V Y►avLy �rn.� �� . Witnessed by: A ROVED eph A. aird, County Administrator pproved as to Cc an Legal Sufficiency / ' r BY (_ r County Attolney Indian River County, Florida �- /ham o U�C�.O✓��� Bob Solari, BCC Chairman Approved by BCC Page 37 of 38 >urt This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Bond Number: 105636862 Surety in which bond's written: Travelers Casualty & Surety Company of America Local Address: 4631 Woodland Corporate Blvd Tampa, FL 33614 Local Phone Number: 813-890-4400 Contractor Name: Odyssey Manufacturing Co. Address: 1484 Massaro Blvd. Tampa, FL 33619 Phone: (813) 635-0339 Owner Name: Indian River County Board of County Commissioners Address: 1800 27th Street Vero Beach, FL 32960 Phone: Obligee Name: Address: Same as Owner Phone: ( ) Contract Number: 105636862 Project Description: 2011034, South Reverse Osmosis Plant Chemical System Upgrade Project Address: 1550 Ninth Street SW, Vero Beach, FL 32962 Legal description of property: See Attached This is the front page of the bond. All other pages are subsequent regardless of preprinted numbers. 7217 Benjamin Road, Tampa, FL 33634 81 3.243.1 1 10 PHONE 1 813.243.1 109 FAX j contractbonds9prosuregroup.com EMAIL www.prosuregroup.com 2160860 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2521 PG.891, Pagel of 4 THE 09/02/2011 at 02:55 PM, P R O S U R E G R O U P JEFFREY K BARTON, CLERK OF INC. — COURT This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Bond Number: 105636862 Surety in which bond's written: Travelers Casualty & Surety Company of America Local Address: 4631 Woodland Corporate Blvd Tampa, FL 33614 Local Phone Number: 813-890-4400 Contractor Name: Odyssey Manufacturing Co. Address: 1484 Massaro Blvd. Tampa, FL 33619 Phone: (813) 635-0339 Owner Name: Indian River County Board of County Commissioners Address: 1800 27th Street Vero Beach, FL 32960 Phone: Obligee Name: Address: Same as Owner Phone: ( ) Contract Number: 105636862 Project Description: 2011034, South Reverse Osmosis Plant Chemical System Upgrade Project Address: 1550 Ninth Street SW, Vero Beach, FL 32962 Legal description of property: See Attached This is the front page of the bond. All other pages are subsequent regardless of preprinted numbers. 7217 Benjamin Road, Tampa, FL 33634 81 3.243.1 1 10 PHONE 1 813.243.1 109 FAX j contractbonds9prosuregroup.com EMAIL www.prosuregroup.com FLORIDA PUBLIC CONSTRUCTION BOND Provided in Compliance of 255.05 Florida Statutes and are incorporated herein Bond No. 105636862 BY THIS BOND, We Odyssey Manufacturing Co. - 1484 Massaro Blvd., Tampa FL 33619, as Principal and Travelers Casualty & Surety Company America 4631 Woodland Corporate Blvd Tampa FL 33614, a corporation, as Surety, are bound to Indian River County Board of County Commissioners P.O. Box 1028 Vero Beach, FL 32961, herein called Owner, in the sum of $132,040.00, 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 GuA,Sk 1Q, :)o11, between Principal and Owner for construction of 2011034, South Reverse Osmosis Plant Chemical System Upgrade, 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 jail. Odyssey Manufacturing Co. Principal & Surety. er VIV Attorney -In -Fact and.,wo WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER .Ak POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 223736 Certificate No. O 0 431 H 110 U KNOW ALI, MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint David B. Shick, and Steven Schumacher of the City of Tampa , State of Florida , their true and lawful Attorneyts)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory 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 by law. IN WITN Jun WHEREOF, the Comp201 lhave caused this instrument to be signed and their corporate seats to be hereto affixed, this day of Farmington Casualty Company Fidelitv and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 29th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company °I.SU.� FIRE *N � MS rNSU •`'• TY 4M0 ti 1`JP V n m WICOR FrR�1F,.i fJ?•O °O PiORArf 2 1 9 8 2 1977 DRAtED h ; m 1 W: _._ ': { HARTFORD, SEAL� WiRTFORD, r! L o i i ° l CORM. c° S�a� CONtt. f ;r 1896 � v State of Connecticut City of Hartford ss. By. Georg ' Thompson.enior ice President 29th June 2$11 On this the day of • 1 , before me personally appeared George W. Thompson, who acknowlcducd himself to be the Senior Vice President of Farmington Casualty Company,' P.ideltty h Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., St. Paul Fire and Marine Insurance Company. St. Paul Guar d�jiAvsV%Con (} St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America,e k4". 4%deajtylhd Guaranty Company, and that he. as such, being authorized so to do. . .! executed the foregoing instrument for the purposes therein coat i��g4Att �dtttfiaC of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and My Commission expires the 30th day of June. 201 58440-6-11 Printed in U.S.A. Ew -tr Marie C. Tetreault. Notary Public IS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recogmzances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company 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 in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 20-4. Kevin E. Hughes, Assistant Sec tary 1 pNBU,���` rp\RE64 �/.N_,�NSG Y1NJYq '�f•Ah0 i 2 � � � 1�7� Z ��ORPvRA�f•y WQ.��ORArf � qr t ,�y To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attomey-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. i r t WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Ami " CERTIFICATE OF LIABILITY INSURANCE 8/25/2011 ' 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(ies) 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 endorsement(s). PRODUCER Stahl & Associates Insurance, Inc. 110 Carillon Parkway St. Petersburg FL 33716 CONTACT NancyRiche NAME: y PHONE (727)391-9791 uc No: (7]7)393-56]3 AODReSS:nancy.richey@stahlinsurance.com PRODUCER 00004990 CUSTOMER ID Ill. INSURERS AFFORDING COVERAGE NAIC # INSURED Odyssey Manufacturing Co. 1484 Massaro Blvd Tampa FL 33619 INSURERA:Westchester Surplus Lines Ins 10172 INSURERS -Ace Fire Underwriters Ins Co 20702 INSURERC:Zenith Insurance Company 13269 INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:CL10121311632 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 A DL BR POLICY NUMBER POLICY EFF MMIDDNYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR 924092975002 10/1/2010 10/1/2011 GE DAMPREMMISESS ( cRENTED 50,000 Ea occurrence) $ MED EXP (Any one person) $ 51000 PERSONAL &ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 GE14L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000 PRO- M LOC X POLICY 7 $ B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS 08450377 10/1/2010 10/1/2011 COMBINED SINGLE LIMIT (Ea accident) $ 11000,000 BODILY INJURY (Per person) $ -- BODILYINJURY (Per accident) $ X SCHEDULED AUTOS HIRED AUTOS PROPERTY (Peri accident) DAMAGE $ PIP -Basic $ 10,000 X NON -OWNED AUTOS Medical payments $ 51000 UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 51000,000 X EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ A RETENTION $ IG24092987001 10/1/2010 10/1/2011 $ L+ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N I A Z066828607 1/1/2011 1/1/2012 X I WC STATU- OTH- IMIS FIR E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,_000, 000 A Pollution Liabilty G24092999002 10/1/2010 10/1/2011 Policy Aggregate Limit $1,000,000 Ded $25,000 Ea Poll Cond DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: Bid #2011034 South Reverse Osmosis Plant Chemical System Upgrade. Indian River County is listed as additional insured with respects to General Liability subject to policy forms & conditions. 30 day notice of cancellation applies except 10 days for non-payment of premium. purchasing@ircgov.com Indian River County Board of County Commissioners 1800 27th Street Vero Beach, FL 32960 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ly Petzold/WATERS�� P AL:UKU Lto (LUUU/Uy) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025 (200909) The ACORD name and logo are registered marks of ACORD