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HomeMy WebLinkAbout2020-145AORIGINAL 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 Lawrence Lee Construction Services, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Furnish all labor and materials necessary to replace the existing 16,000 -gallon bulk sulfuric acid tank with a new 12,000 -gallon horizontal steel storage tank. Furnish all labor and materials necessary to replace the existing 5,200 -gallon bulk caustic horizontal steel storage tank with a new 5,200 -gallon horizontal steel storage tank. Furnish all labor and materials necessary to demolish the 1,000 -gallon bulk zinc storage tank. ARTICLE 2 -THE PROJ 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: Hobart R.O. Water Treatment Plant Chemical Tanks Replacement Bid Number: 2020044 Project Address: 775158 th Avenue, 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 Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially complete on the 180th day after Notice to Proceed (NTP) issuance. The Work shall be fully complete and ready for final payment on or before the 210th day after the date when the Contract Times commence to run. 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 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 $566.00 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 4.01.8, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, and shown below: 1. Mobilization, De -mobilization and Planning $20,000 2. Bonds and Insurance 3. Demolition $15,000 $40,000 4. Sulfuric Acid Tank Improvements $182,000 5. Caustic Tank Improvements $132,000 B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $389,000.00 Written Amount: Three hundred eighty-nine thousand dollars 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. 2 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 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 Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 3 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. 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. 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 9, inclusive); 4 (2) Notice to Proceed (3) Public Construction Bond (pages 1 to 3, inclusive); (4) Certificate(s) of Liability Insurance (5) Invitation to Bid 2020044 (6) Addenda (numbers 1 to 2, inclusive); (7) CONTRACTOR'S Bid Form (pages 12 to 14 of 34, inclusive); (8) Bid Bond (pages 1-2, inclusive); (9) Drug Free Workplace Form (page 15 of 34) (10)Affidavit of Compliance (page 16 of 34); (11) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 17 to 18 of 34, inclusive); (12) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 19 of 34); (13) Certification Regarding Lobbying (page 20 of 34); (14) Warranty Information Form (pages 21of 34); (15) 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). 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 Agreement 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 5 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 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 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 a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article 10: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: 7 (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. n. 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 August 18 , 2020 (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: �; y `.M..slo�.,y Lawrence Lee Construction Services, Inc. r 131 RpoRgj` L: ' Q1 V V(ntractor) E A L ' A���Rcou���• (C RPORATE SEAL) yd F2017 Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller i Attest: �t1 Deputy Clerk (SEAL) Designated Representative: Name: Arjuna Weragoda Title: Capital Projects Manager Address: 180127 1h Street, Vero Beach, FL 32960 Phone: (772) 226-1821 Email: aweragoda@ircgov.com Address forgiving notices: 50 NE Dixie Dixie Hwy Suite A-6 Stuart, FL 34994 License No. CGC-1525837 (Where applicable) Agent for service of process: Geoffrey L. Schmidt Designated Representative: Name: Geoffrey L. Schmidt Title: President Address: 50 NE Dixie Hwy, Suite A-6 Stuart, FL 34994 Phone: 561-578-7715 Email: GS@LawrenceLeeConstruction.com (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) �^.�,,,..•—*,� LAWRLEE-01 RROLLS Af QR Q'" DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 8/19/2020 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 have ADDITIONAL INSURED provisions or 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 _CONTACT Diane Traynor ....... ...--- -- CAL Risk Management PHONE 561 776 9001 ac, No :561 427-6730 23 Eganfuskee Street I (EAiMc, No, Ext)(561) _. 1 Suite 102 ADDRE s, Dtraynor@callle,corn _.,__. Jupiter, FL 33477 111 CIIOCOI CI ACCAD nI1Jn rn1lCC ATF IJAI('. }1 INSURED Lawrence Lee Construction Services, Inc. 50 NE Dixie Hwy Suite #A-6 Stuart, FL 34994 F: Admiral Insurance rnvcr Acno !`CDYtCIPATC 1Jltaa12CD• RFVIA111M MIIMRFR• 10335 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 I TRTYPE OF INSURANCE IVSD WV POLICY NUMBER POLICY EFF POLICY EXP LIMITS A ! X COMMERCIAL GENERAL LIABILITY i EACH OCCURRENCE $ 1'000'000 DAMAGE TO RENTED pREM15Es (Ea occurrence) I 300,000 $ 1 <1 1'- CLAIMS -MADE �X OCCUR X X.C.0 Contractual5,000 ......_...�. ._.,..,._._ .. y X X ,CA00003577001 1 8128/2019 8/2812020 MED EXP An one�erscm S PERSONAL &ADV INJURY., 1 600,000 _GEN1_ AGGREGATE LIMIT APPLIES PER I POLICY I X. 1 !ERCT 1 LOC i r GENERAL AGGREGATE _ PRODUCTS COMPIOP AG $ 21060'000 2'666'666 OTHER: cappted at $5,000,000 B AUTOMOBILE LIABILITY i I I COMBINED SINGLE LIMIT a I n$ 1,000,000 X ANY AUTO 5193054600 8128/2019 ! 6/2812020 BODILY INJURY_(Por pPrsan)_.._i_$_.........._._ ......................._...._................. OWNED SCHEDULED AUTOS ONLY AUTOS 3 ; ! BODILY INJURY Per accident) $ (Per accident)DAMAGE —�-- I $ RE p pV� E .......... AUTOS ONLY .._.._.. AUTOS ATYY i PIP $ 10,000 A UMBRELLA LIAB X OCCUR I EACH OCCURRENCE $ 2'600'000 AGGREGATE_. $ _ X EXCESS UAe CLAIMS. ExCESS GX00000253101 612612019 I 8/2612020 ... _.. __ .......... Den X RETENTIONS 0 1 ProdlComp Agg t 2,000,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIE"fORIPARTNEWEXECUI IVE 1 QFFICEWMEMegEER EXCLUDED? andatory in NH) _--� X. � N (A';. 19646923 8/28/2019 8/28/2020 i X SEAT T ERH _ E.L. EACH ACCIDENT E.L_DISEASE.,,EA EMPLOYEE -------- 1 000,000 ) $ 1,000,000 It yes, describe and P,r DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,666'666 D Pollution Liability IPECO05270901 9/13/2019 8/2812020 $1M Occur/Aggregate 2,000,000 D Professional Liabili i I 'PECO05270901 9/13/2019 i ! 8/28/2020 $1M Ocur/Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more sL�ace is required) Project Name: Hobart R.O. Water Treatment Plant Chemical Tanks Replacement, 7751 58th Ave., Vero Beach, FL 32967 Certificate Holder is added as an additional insured for general liability, auto liability and pollution liability when required by written contract. Per project aggregate applies when required by written contract. General Liability and Auto Liability are primary and non-contributory when required by written contract. Waiver of subrogation applies to general liability, auto liability and employers liability. Umbrella extends over General Liability, Auto Liability and Workers Compensation policies. Cancellation applies as per policy terms, conditions and exclusions. RPRTIFIRATP I -Int 11PR rA1drFl I ATInM ACORD 25 (2016/03) © 1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Indian River Count a Political Subdivision of the State of Y. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Florida 1801 27th Street AUTHORIZED REPRESENTATIVE Vero Beach, FL 32960 ACORD 25 (2016/03) © 1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 3120200049723 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT 2020044 Hobart R,O. Water Treatment Plant Chemical Tanks Replacement.doc INDIAN RIVER COUNTY FL Public Work BK: 3331 PG: 2142 Page 1 of 3 8/25/2020 3:35 PM 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 contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: 800097405 Lawrence Lee Construction Services, Inc. 50 NF Dixie—Hwy Suite A-6 Stuart FL 34994 578-1912 Atlantic Specialty Insurance Company 605 Highway 169 North Suite 800 Plymouth MN 55441 (952)852-2431 Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 (772) 226-1416 N/A N/A $389,000.00 (Three Hundred Eighty -Nine Thousand and 00/100 Dollars) CONTRACT NO: Bid No.: 2020044 (If applicable) Furnish all labor and material to replace 16,000 -gallon bulk sulfuric acid tank with a new DESCRIPTION OF WORK: 12,,.000 -gallon horizontal steel storage tank Replace the existing 5.200 -gallon bulk caustic horizontal steel storage tank with a new 5,200 horizontal steel storage tank. Demolish 1,000 -gallon bulk zinc•. storage/tank. 4v"0— PROJECT LOCATION: ...rwle l 1) 0 Vero Beach. FL 32967 LEGAL DESCRIPTION: Hobart R.O. Water Treatment Plant Chemical Tanks Replacement (If applicable) FRONTPAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. Page 33 of 34 2020044 Hobart R.O. Water Treatment Plant Chemical Tanks Replacement.do PUBLIC CONSTRUCTION BOND Bond No. 800097405 (enter bond number) BY THIS BOND, We Lawrence Lee Construction Services, Inc. as Principal and Atlantic Specialty Insurance Company a corporation, as Surety, are bound to Indian River County Purchasing Division , herein called Owner, in the sum of $ 389.000.00 , for payment of which we bind ourselves, our heirs, personal representatives, (Three Hundred Eighty -Nine Thousand and 00/100 Dollars) successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated August 18th, 2020, between Principal and Owner for construction of Hobart R.O. Water Treatment Plant Chemical Tanks Replacement , 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. .\ 1,,, 1, t, 011,1 I, '•. DATED ON August 18, 2020 Ngl ' �RU�T� yam: 2017 �' �j��' F� ORIDF' • �� b' 1` 0 9 rQ .•'Gpp�P S EAL m 1986 0 =%2d W yo, � d ot Lawrence Lee Construction Services Inc. Geoffr L. Sc d President (Name of Principal) 004 all_ By Courtney R. rson, (As Attorney in Fact) Florida Lice d Resident Agent Atlantic Specialty Insurance Company (Name of Surety) Inquiries: (321) 800-6594 One Beacon INS U R AN C E G R O UP Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Jorge L. Bracamonte, Courtney R. Anderson, Jacqueline Dahm Mainous, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the.signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020. •••\P�,Z Y I N g�9., . '4 'GpRPOggTF9�:- SEAL m 1986 0 = By STATE OF MINNESOTA '2� tiFW vOP' day,' Paul J. Brehm, Senior Vice President HENNEPIN COUNTY ,�1y i* *N,•• On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. ' ALISON DWAN NASHJROUT NOTARY PUBLIC •MINNESOTA My Commission Expires January 31, 2026 ; MA04/� Notary Public I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated 18th day of August 20M. ••\P�jy.�Ns`q cat�VrGA11P0gq,, 9n? SEAL m; 1986 0 This Power of Attorney expires '�2d +� w voP da.`' January 31, 2025 �� b ti�.•' Kara Barrow, Secretary