Loading...
HomeMy WebLinkAbout2015-002A4 SECTION 00530 - EJCDC of/0G/a.0isf 8.14- (9.015 1-1-02.015 - 00,2_ i4 AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE Bid No. 2015017 12" Transmission Water Main Extension in Vero Lake Estates THIS AGREEMENT ("Agreement" or "Contract") dated January 6 , 2015 by and between Indian River County, a political subdivision of the State of Florida ("OWNER") and Tri -Sure Corporation of Auburndale, Florida ("CONTRACTOR"). BACKGROUND RECITALS A. Pursuant to applicable provisions of Florida law, OWNER has selected CONTRACTOR to perform certain work as more specifically described in the Contract Documents as defined in Article 8 of this Agreement and the term is as set forth in the Contract Documents. B. CONTRACTOR agrees to perform certain work as more specifically described in the Contract Documents on the terms set forth in the Contract Documents. NOW THEREFORE, OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, and intending to be legally bound, agree as follows: ARTICLE 1 WORK 1.1. Contractor as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material and equipment to perform the work as specified or indicated in the Contract Documents and per FDEP, the Indian River County Department of Utility Services and County Engineering Department standards. The wok is generally described as follows: The proposed work generally consists of furnishing all labor, materials, tools and equipment to construct approximately 6,800 feet of 12" PVC and HDPE water main including gate valves, fire hydrants and fittings. All work will include maintaining traffic control, complete restoration and all other appurtenant and miscellaneous related items and work for a completed project. It is the intent of the Indian River County Department of Utility Services to obtain complete and working installations under this contract and any items of labor, equipment, and materials that may reasonably be assumed as necessary to accomplish this end shall be supplied whether or not they are specifically stated herein. All work as shown on the construction plans will be done in accordance with the Indian River County Department of Utility Services Water & Wastewater Utility Standards, March 2014 or latest edition, unless specified differently in the individual Work Authorizations or changed by the Engineer or his representative. The work is south of CR 512 on 106th Avenue, then west on 94th Street, then south on 107th Avenue, then east on N 89th Street and S. 89th Street to 104th Avenue. The construction of the utility improvements described above shall also consist of, but not limited to: resetting of signs, mailboxes, and other existing facilities disturbed during construction; utilities exploration; coordination with any permitting agencies; trenching; clearing and tree removal; dewatering; installation of pipe, structures and all appurtenances; fittings and restrainers; soil backfill compaction; testing; (including backfill and subgrade testing); road, landscape and driveway restoration; re -grading and grassing (sod); mobilization, demobilization and traffic control. All right —of -way shall be restored to like or better condition. No excavation shall be left open when work is not actively being performed. Construction fencing used in the work area shall not block sight distance near intersections or driveways. All construction equipment and materials shall be stored a minimum of 15 feet from the edge of pavement and shall be protected by Type II barricades with flashing yellow lights. 00530-1 The Contractor is responsible for obtaining a County Public Works Engineering Division right-of-way permit. The Contractor shall also submit a Traffic Control Plan to the County Public Works Traffic Engineering Division a minimum of 72 hours prior to construction and notify County Traffic Engineering a minimum of 24 hours before any lane closures. A temporary access plan shall be provided indicating how local traffic will be maintained while the existing road is removed and reconstructed. Stand mounted Advance Construction signing shall be installed in accordance with FDOT Index 602. One lane closures shall be in accordance with FDOT Index 603. When any work encroaches the area between the centerline and two (2) feet outside the edge of pavement, traffic shall be restricted to a single lane. ARTICLE 2 ENGINEER 2.1. The project has been designed by Gordon E. Sparks, P.E., hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3 THE PROJECT, TERM AND CONTRACT TIMES 2.01 The Project for which the Work under the Contract Documents may be generally described as follows: Project Name: 12" Transmission Water Main Extension on 107th Avenue in Vero Lake Estates Bid Number: 2015017 Project Address: Vero Lake Estates, 106th Ave., 94th St., 107th Ave., 89th St. The CONTRACTOR shall be substantially completed with the following timeframe (a) Within 30 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be utilized in the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Submit and secure approval of shop drawings. 6. Mobilize all labor, equipment, and materials. 7. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating construction. (b) From 31 calendar days to 90 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Install all pipe and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their pre -construction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion. (c) From 91 calendar days to 120 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 00530-2 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. 3.2 Completion of all tasks outlined above (Le., Subparagraphs a, b, and c) constitute Final Completion. 3.03 Liquidated Damages CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial Toss 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 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 $450.00 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 4.1. OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $380,975.00. ARTICLE 5 PAYMENT PROCEDURES 5.1. General. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 5.2. Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in 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 Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.3. Pay Requests. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR's certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise 00530-3 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. 5.4. Federal Funds. Paragraphs 5.2 and 5.3 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. ARTICLE 6 FINAL PAYMENT 6.1. Acceptance And Final Payment: Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment. 6.2. Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS 7.1. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.1.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SC -4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 00530-4 7.1.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.1.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 7.1.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.1.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 8 CONTRACT DOCUMENTS 8.1. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following: 8.1.1. This Agreement (Section 00530). 8.1.2. Public Construction Bond (Section 00600). 8.1.3. Notice of Award and Notice to Proceed (examples in Section 00800). 8.1.4. General Conditions (Section 00700). 8.1.5. Supplementary Conditions (Section 00800). 8.1.6. Certificate of Liability Insurance. 8.1.7 Invitation to Bid 2015017 8.1.8. Drawings, inclusive with each sheet bearing the following general title "12" Transmission Water Main Extension in Vero Lake Estates". 8.1.9 Bid Bond 8.1.10 Sworn Statement Under Section 00452 and Section 105.08, Indian River County Code on Disclosure of Relationships 8.1.11 00454 Sworn Statement Under the Florida Trench Safety Act 8.1.12 00456 General Information Required of Bidders 8.1.13. Addenda numbers 1 to 2 00530-5 8.1.14. CONTRACTOR'S Bid (Section 00300). 8.1.15. Specifications bearing the title "IRCDUS Water and Wastewater Utility Standards, March 2014", or the latest version thereof. 8.1.16. KSM Soils Report 8.1.17. The following, which may be delivered or issued after the effective date of the Agreement and are not attached hereto: All writtenamendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the General Conditions. 8.2. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of the General Conditions. ARTICLE 9 MISCELLANEOUS 9.1. Definitions. Terms used in this Agreement that are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No Assignment. The CONTRACTOR shall not assign, transfer, or otherwise dispose of this Contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurrence to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto. OWNER and CONTRACTOR each binds itself, its successors, assigns and legal representatives to the other party hereto and to its successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.3. Licenses.. The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 9.4. Remedies And Choice Of Law 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. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every such remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party or any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 9.5. Indemnification. The 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. Nothing herein shall affect the rights, privileges, and immunities of the OWNER as set forth in Section 768.28, Florida Statutes. 00530-6 In any and all claims against the County or any of its agents or employees, by any employee of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for the contractor or any subcontractor under Workers' Compensation Acts, disability benefit acts, or other employee benefit acts. 9.6. Availability of Funds. The obligations of the Owner under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 9.7. Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. 9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 9.9. Public Records. The OWNER and the CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 9.10. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 9.11. Captions And Interpretations. Captions in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise 9.13. Entirety Of Agreement. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the formality and of equal dignity herewith. 9.14. Background Recitals. The background recitals are true and correct and form a material 00530-7 part of this Contract. IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement the day and year first written above. This Agreement will be effective on January 6, 2015 , OWNER Indian River County Board of County Commi sioners Tri - CONTRACTOR B Wesley S. Davis, Chairman B re Cor.or ion of Auburndale Florida Jason Chambers, President (CORPORATE SEAL) Attest: Jeffrey R. Smith, Clerk of the Circuit ,1x Court and Comptroller Attest: By: Approved By: Deputy Clerk eph A. Baird, County Administrator Approved as to Form and Le I -Sufficiency: County Attorney Address for giving notices 1801 27th Street Vero Beach, Florida 32960 Address for giving notices P.O. Box 653 Auburndale, FL 33823 License No. CUC040079 Agent for service of process: James Chambers END OF SECTION 00530-8 3120150002892 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BIS: 2816 PG: 1989,1/16/201510:16 AM Public Work' F.S. Chapter 255.05 (1)(a) Cover Page THIS BOND 15 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 contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: CONTRACT NO: III applicable) DESCRIPTION OF WORK: PROJECT LOCATION: LEGAL DESCRIPTION: (If applicable) FIC.82873 . Tri -Sure Corporation 2024 Lake' Ariana• Blvd • Auburndale FL 33823 (863) 967-5506 ' Merchants Bonding Company 2100 Fleur Drive Des Moines Iowa -50321 (800) 678-8171 Indian River County Board of County Commissioners 1800 27th Street Vero Beach, FL 32960 (772) 226-1416 Indian River County Board of County Commissioners 1800 27th Street Vero Beach, FL 32960 (772) 226-1416 380,975.00 12" Transmission Water Main Extension on 107th Avenue in Vero Lake Estates Bid No 2015017 - Per Contract FRONT PAGE Alt other bond page(s) ere deemed subsequent to this page regardless of any page number(s) that may be printed thereon. 00600 - 2 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK BK:r. 2816 PG: 1990 PUBLICCONSTRUCTION BOND FLC 82873 Bond No. (enter bond number) BY THIS BOND, We Tri -sure Corporation , as Principal and Merchants Bonding Company inaian tQt ounoard herein called Owner, a corporation, as Surety, are bound to„f ��,,,,,.,, �ver„s4.,ty„,,Bar in the sum of $ 380'975.00for 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 J•uKter (, zo,s , between Principal and Owner for 12” Transmission Water Main Extension on 107th construction of , 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 1-8-15 Jason Chambers, Presid 00600 - 3 nev in Fact) Joseph W LoPresti* MERCHANTS. BONDING COMPANY (Name of Surety) * Joseph W LoPresti Attorney -In -Fact & Florida Resident Agent . Brown & Brown of Florida, Inn. PO Box 173096 Tampa, FL 33672 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK BK: 2816 PG: 1991 MERCHANT 1N\ BONDING COMPANY. POWER OF ATTORNEY . Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Joseph W LoPresti; Mary Jane Gwyn; Mia Bush; Steve Ayers of Tampa and State of Florida their true and lawful Attorney -in -Fact, with full power and authority hereby conferred In their name, place'.and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: • EIGHT MILLION ($8,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. • This Power-of-Attomey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. • . • The signature of any authorized officer and the seal of the Company may -be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature 'and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 13th day of STATE OF IOWA COUNTY OF POLK ss. •'09 CO4.o• ;,D�ORP09 '9- •.y • : • y 1933 �• c; : o 'c:• August , 2014. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By 7- /7, President On this 13th day of August 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. Ay.s7.1^44,, WENDY WOODY o s Commission Number 784654 Z7 My Commission.Expires rows` June 20, 2017 Qdbt, STATE OF IOWA COUNTY OF POLK ss. Notary Public, Polk County, Iowa I, William Wamer, Jr.. Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., 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 and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 8th day of January , 2015 • POA 0014 (7/14) STATE OF Fk@9MTMry INDIAN RIVER COUNT( THIS IS TO CERTIFY THAT THIS ISA TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE.THIS ORIGINAL MAY HAVE REDACTED INFORMATION AS STATED IN FLORIDA STATUE 119.07. SMITH, CL ACCORD®, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) I_ 1 /LV17 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 endorsement(s). PRODUCER Stahl & Associates Insurance Inc. CONTACT Debbie MacGillivray rat a Fxtl, (863) 688-5495 la A.), (863) 688-4344 91 Lake Morton Drive AIL ADDRESS:debbie.macgillivray@stahlinsurance.com P 0 Box 3 608 Lakeland FL 33802 INSURER(S) AFFORDING COVERAGE NAIC # INsuRERA:Southern Owners Insurance Co 10190 INSURED Tri Sure Corporation PO Box 653 Auburndale FL 33823 INSURER El :Owners Insurance Co 32700 INsuRERc:Bridgefield Employers Ins Co 10701 INsuRERD:Travelers Casualty Ins Co 25674 INSURER E : COMMERCIAL GENERAL LIABILITY INSURERF: CERTIFICATE NUMBER:10/25/14 Master • 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 ADDL INSR SUBR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD//YYYYYI LIMITS GENERAL; LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES $ 300,000 A CLAIMS -MADE X OCCUR X 20006717 10/1/2014 10/1/2015 (Ea occurrence) MEDEXP(Anyoneperson) $ 10,000 PERSONAL 8, ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 , 000 , 000 TI POLICY n JECOT- n LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 B X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS 5000671700 10/1/2014 10/1/2015 BODILY INJURY (Per accident) $ HIRED AUTOS _ NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ X PIP $10,000 BFCGL $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS -MADE AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 5000671701 10/1/2014 10/1/2015 $ c WORKERS COMPENSATION_WC AND EMPLOYERS' LIABILITY STATU- TORY LIMITS OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? Y / N N/A E.L. EACH ACCIDENT $ 500,000 00 (Mandatory ) If 0830-54046 10/25/2014 10/25/2015 E.L. DISEASE - EA EMPLOYEE $ 500,000 yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 A D Installation Floater Leased & Rented 20006717 6609D916895 10/1/2014 10/1/2014 10/1/2015 10/1/2015 Limit $50,000 Limit $250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Project: 12' Transmission Water Main on 107th Avenue in Vero Lake Estates Indian River County is additional insured on the general liability if required by written contract. CERTIFICATE HOLDER CANCELLATION Indian River County 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 Marc Wilder/MACG ACORD 25 (2010/05) INS025l9ntnns) m ©1988-2010 ACORD CORPORATION. All rights reserved. The, At non names and Innes are, re,nie+e,re,ei marine of A(:r1Rr1