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Home My WebLink About1999-074do 4M Uri NAL AGREEMENT THIS AGREEMENT, made and entered into this day of March, 1999 , by and between Lucas Waterproofing Comnanv,Ltc, hereinafter called the CONTRACTOR and . Indian River County hereinafter 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 Furnish all labor, material and equipment for the exterior painting of the County Administration Building and the Public Health Building, Indian River County, Florida as per the specifications set forth in the advertised and sealed bid in IRC Bid #9044 opened on February 26, 1999. CONTRACTOR, as an independent CONTRACTOR and not as an employee of Indian River County, shall perform the work in full and complete accordance of tl►e bid documents IRC #9044, for the lump sum amount of Forty Seven Thousand Five Hundred Dollars and No Cents ($47,500.00). Article 2. TIME OF COMPLETION: CONTRACTOR guarantees to complete the work within 60 calendar 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 CONT1tACTOR to receive any money hereunder. Any clause or section of this contract or specification which may for any reason be declared invalid, 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. Article 4. QUANTITIES AND PRICES: The OWNER shall pay the CONTRACTOR for all work included and completed in accordance with this Contract, based un the items of work set forth in the CONTRACTOR'S Bid Form. 40 AC:tZF,EMENT - (Continued Article 5. ACCEPTANCE AND FINAL PAYMENT: When the work provided for under this contract has been completed, in accordance with the terms thereofa final estimate CONTRACTOR,, and filed with the howing with amount fifteen days after th etdate ofpared the completion. The final estimate shall be accompanied by a Certificate of Acceptance issued by the BUILDING AND GROUNDS SUPERINTENDENT, stating that the work has been completed to his satisfaction, in compliance with the Contract. 'Fite Certificate of Acceptance shall not be issued until completed as -built drawings of the actual construction have been furnished to the OWNER and verified. All monies expended by the OWNER according to the terms of this contract and thereunder chargeable to the CONTRACTOR, all monies payable to the OWNER as liquidated damages, and all deductions provided by the Contract, state laws, or governing regulations shall be retained from the final payment. 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 of the ENGINEER'S final estimate. PAYMENT of the final estimate 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 Instructions to Bidders (Section A); Special Provisions (Section B): General Conditions (Section C); and the Bid Form, Performance Bond, Public Entity, Questionnaire, and Statement of Disclosure Form (Section D) together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein. IN WITNESS WHEREOF, the partie!(Lca4sa o have execut tli AGREEMENT the day and year first above written. proo mg Company, Inc) (CONTRACTOR) Signed and Sealed by the CONTRACTOR in the presence of'. *t - INDIAN F4VER COUNTY (O ) By: neth Mac t, Nauman Attest e,n Rwa C% Approved DekI namin g (Seal)`_ a �'• -!D 9 �+udgct Attest — Jetlie 40 BOND NO. U2753743 PERFORMANCE BOND LUCAS WATERPROOFING CO., I Pf1nC1 al hereinafter KNOW All MEN BY THESE PRESENTS that p called CONTRACTOR, and UNITED PACIFIC INSURANCE COMPANY as surety, hereinafter called �rER TY, Florida, as Obligee, herein Surety, are held and firmly bound unto1 I s:tlAU &SR ,� i NQ 47,500.00 --------- ), for after called OWNER, in the amount of nnl l ARC A wnrin/IMDollars 1,J the payment whereof CONTRACTOR arid—Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the CONTRACTOR has by written agreement, date_ 19 , entered into a contract with OWNER f0rIRC 99044 EXTERIOR PAINTING In accordance with the specifications prepared by the OWNER, hereinafter called theContract. NOW THEREFORE, THE CONDITION OF THIS OBIIGATION is such that if the principal: 1. Faithfully performs the contract at the times and in the manner prescribed in the Contract; and 2. Promptly makes payments to all persons, including claimants as defined in Section 255.05(1), Florida Statutes, supplying labor, materials and equipment used directly or indirectly by the said CONTRACTOR, CONTRACTORS, SUBCONTRACTOR or Subcontractors in the prosecution of the work provided for in the contract; and 3. Satisfies all claims and demands incurred for the same and fully indemnifies and saves harmless the OWNER from all losses, damages, expenses, costs and attorney's fees, including appellate proceedings, which the OWNER suffers by reason of failure to do so and fully reimburses and repays the OWNER all outlay and expense which the OWNER may incur in making good any such d6fect; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the Contract, then this obligations shall be null and void; otherwise it shall remain in full force and effect. And provided that any alterations which may be made in the terms of the Contract or in the work to be done under it, or the giving by the OWNER of any extension of time for the performance of the Contract, or any other forbearance on 35 0 0 the part of either the OWNER or Principal to the other shall not in any way release the Principal and Surety or Sureties, or either or any of them, their heirs, executors, administrators, successors or assigns for their liability thereunder, notice to the Surety or Sureties, of any such alteration, execution or forbearance being hereby waived. SIGNED AND SEALED this 25th da of MARCH 1999, in the presence of: ATTEST: Lu ns wA'r a i G. INc. AS TO PRINCIPAL: TITLE: BY: TITLE TTEST: AS TO SURETY: � n Z TED PACIFIC INSURANCE COMPANY TITLE BY: Y -INTACT ITLE: COUNTERSIGNED BY: NANM: D. W. MATSON II TITLE: FLORIDA Resident Agent STREET ADDRESS: 770 SOu'r[I DIXIE lllGIIWAY, SUITE N101, CORAL. GAI3LES, I'L 33146 "Note: Post Office address of resident agent is not acceptable. This Bond shall be accompanied with Attorney -in -Fact's and Agent's authority from Surety. 36 do 40 RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly croanizad under the laws of the State of Dal• aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of PetlmylveNo and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin 1Mrsin collectively called 'the Companiss'a and that the Companies by virtue of signature and seals do hereby make, constitute and appoint D. W. Matson M, Jahn W Ohwhon., of Cory Gables, Florida their true and lawful Attorney(s)-in-Fact, to nuke, execute, seal and deliver for and on their behalf, and as their not and dead any and all bonds and undertakings of suretyship and to bind the Companias thereby M fully and to the some extent as if such bonds and undertakings snd other writings obligatory in the nature thereof were signed by an Executive Officer of the Companuns and sealed and attested by one other of such officer*,end hereby ratifies and confirms nal that their said Attomaylal•in•Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full forts and effect, reading as follows: AATICLE V11 • ExecunoN of BONO$ AND UNDIRTAKlNea 1. The Board a Dkretrs, tri Raeidwd, the Clekmat of ere acrd, rW fait. Vrs Pwaiderd, dry Ursa r+..idad or Asietad Vied p—Woot r ad,r offer daaprbd or dr stood a DiMarf "hsa pear rd audwhy to IN appont An—V isM What rid t+ aWraei arm to asses" on bit." of the CUM.M. be-& real tatdwtMkp. r«r�arYwr's, aaxr Ms a iridarnraty nal add, watkp abkaam w the nrtvs ereia, rid a1 to ran -a vett w,d+ Anorr"OH-Fwt . oM .no rid rw W tlr M'a'r r/ .ah'" a— to tlrm. 3. An.rrylsHr+Frt ChM hen Mar nal aehoon" ,rete to the terms aid lirnitstiaa dere Power of Aneinry Natal to ern. is easda daWeir an Wee of the Compare. erode req Weartdoktes, roroywener, Coop" d kdamraly War attar _,th WiCaory to the eepas erred. The arprats said is nae r--" fr are vadty a rw bends'rid uidertakrtee. nceprvscos, Coops to d Wkrmdy rid darn wotkp oWeaory in ere mus thereof. 3. AnoowrWHMFa shoe haw Powe she wMwritY to eraMa afid-da rasrwsd to be anected to bride, rsepurew, eerdrsen d kd--'y a 'iter "WitirW or obk M.V -drrdkkps end they WuN eco has power and sort."• to ortifv are fi—ai aarrerd of the Company rid to Cops d are aylsws of the Camprn or err irate or scb'n 11-0- f TM Paver d Attrrry M signed nal waled by f --da tadr enol by rratonty a are Mawkta rsakntian adopted by itis Exaanaw end Fiw+n Camrnmes d the nerds are Okeaers a fair's lnerema ConW.W. Untied pacfc Inertia Comp" sod Ware, N&UWW IMraay Cargrn by lkwtknou Caved dated r a r brory 3a, law nal M are Eaaa+Ws sol Fnetar Crnmines of tlr cord of Oksatrs Of talons Suay Crnpam' by Uos snow Card dad as of Mrch 31, f aha. 'Rsofved that am spnetr+s of ouch dkee re trod of ass rd the wit dare Corot, may be arhdd to any salt Power d Anon or dry artifcww N000G eras by areiMd rid art/'' Neel by rarrk4 r'nauw rid I Crinis Mat ChM W vikd bkdk4 r9rt air ComprM. IM hAu" witioe itrt rs0 ' [tet snyard r buWrteedOa wliN d r coached: IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this Auguat 4. 1990. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY ov yay� P1a"'b ` a 1et•a•e� eve neer UNITED PACIFIC INSURANCE COMPANY yce ° _ tOFei1� ;Eh bs RELIANCE NATIONAL 1NDEMNrTY COMPANY L� •�t neo s eve �„er 'tiaeireep' �f>>e rein, i STATE OF Pennsylvania COUNTY OF Philadelphia ss. On this, August 4. 1990, before me, Valencia Wortham, personally appeared David T. Akers, who acknowledged himself to be the Senior Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Cnmlany, United Pacific Ineurence Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. \ ' f--•---�-- In witness whereof, I hereunto eat my hand and official sed. ( yeorwq^1 ��.'i''1� YYlrlMt Notarial Seal d ' Valencia WOrlh3m. Notary Public, "`sxyd'i Notary Public in and for the State of Pennsylvania Philadelphia. Philadelphia County .1 Residing at Philadelphia My Commission Expires Nov. 18. 260 I, AM PPe ecretory of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above end foregoing is a true and correct copy of the Power of Attorney executed by said Companies, winch is still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my land and affixed the +ads of said Companies this "1„z5 ,day of �]Q� ere. rryr Secretary e� +°"'tib 1`t 1en•••e +�*Hca "SEaI�