Loading...
HomeMy WebLinkAbout2003-168 SECTION 18000 AGREEMENT THIS AGREEMENT made and entered into this 25 "' day of, August 2003 , by and between HYDACTECHNOLOGY CORP . . , 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 # 5076 ; CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall furnish, for the sum of Sixty-Six thousand, six-hundred and sixty four dollars and zero cents ($ 66 , 664 . 00), all of the necessary labor, material, and equipment to perform the work described in accordance with the Contract Documents . Article 2 . TIME OF COMPLETION 60 Work Days from receipt of the Notice to Proceed without penalty. 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) a Supplier Bond 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 . 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. Contractor shall be paid (S& o7 95 % of cost of unit and the remaining (�o� 5% upon completion of field visits for start-up assistance . 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) HYDAC TECHNOLOGY CORP . INDIAN RIVER COUNTY, FLORIDA C/ C/ Matthias Mueller, EVP/GM // BCC hairman Witnessed by: iL �-�u Approved by BCC 7A 1 C= e, Attest: Jeffrey K Barton, Cle k of ircuit Court B F/7x - � County rney Deputy Clerk Approved as to Form and Legal Sufficiency i James E Ch7aLdler, County Administrator END OF SECTION Bond No . 2000ACC-61 - 1478 SUPPLY CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS : That We , HYDAC TECHNOLOGY CORP. as Principal , and the ALLEGHENY CASUALTY COMPANY, a PENNSYLVANIA corporation , as Surety, are held and firmly bound unto INDIAN RIVER COUNTY as Obligee , in the sum of SIXTY SIX THOUSAND SIX HUNDRED SIXTY FOUR AND 00/ 100 ($ 669664 . 00) DOLLARS , lawful money of the United States of America , for the payment of which , well and truly to be made , we bind ourselves , our heirs , executors , administrators , successors and assigns , jointly and severally, firmly by these presents . WHEREAS , on the day of the Principal entered into a supply contract with the Obligee for furnishing FULLY AUTOMATIC SELF- CLEANING INLINE FILTER, MOTORS , MOTOR STARTER, CONTROL PANEL, AND ALL ANCILLARY EQUIPMENT PER SPECIFICATIONS which supply contract is by reference made a part hereof and is hereafter referred to as the Contract . NOW, THEREFORE , THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the Principal shall faithfully perform said supply contract according to its terms , covenants , and conditions , then this obligation shall be viod : otherwise it shall remain in full force and effect . Dated this 11TH day of AUGUST, 2003 . HYDAC TECHNOLOGY CORP Principal By : _ VP ALLEGHENY CASUALTY COMPANY Surety By : CQ"A�J� Christopher J. Ruck, ttorne in- act ~ P. O . Box 44110 Allegheny Casualty Company 4217 Steubenville Pike Pittsburgh, PA 15205-9931 Phone (412) 921 -4249 '! f POWER OF ATTORNEY Fax (412) 921 -4277 "l, r - .- r -7 L ' - ; � � dJ KNOW ALL MEN BY THESE PRESENTS : That ALLEGHENY CASUALTY COMPANY, a corporation of the Commonwealth of Pennsylvania , does hereby make , constitute andappoint Paul C . Read, Richard J. Collins , Richard J. Taylor, James C . Carlins, and Christopher J. Ruck (each) , all of the Commonwealth of Pennsylvania its true and lawful Attomey ( s) - in - fact to make , execute , seal and deliver for and on its behalf as surety, as its act and deed : Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds the sum of One Million Dollars ( $ 1 , 000 , 000 . 00 ) and the execution of such bonds in pursuance of these presents shall be as binding upon said Company, as fully and amply, to all intents and purposes , as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Meadville , Pennsylvania, in their own proper persons . The power of attorney is granted under and by authority of the following resolution adopted by the Board of Directors of Allegheny Casualty Company at a meeting duly held on the 15th day of August, 2000 . RESOLVED , that ( l ) the President, Vice President, or Secretary of ALLEGHENY CASUALTY COMPANY shall have the power to appoint, and to revoke the appointments of, Attomeys -in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Company and affix the Company 's seal thereto, bonds , undertakings, recognizances , contracts of indemnity and other written obligations in the nature thereof or related thereto ; and ( 2) any of such Officers of the Company may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Company ; and ( 3 ) the signature of any such Officer of Allegheny Casualty Company and the Company seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter. 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, ALLEGHENY CASUALTY COMPANY has caused these presents to be signed and its corporate seal to be hereto affixed on November 26 , 2001 . Usukry ALLEGHENY CASUALTY COMPANY 1936 pFNNSvlV By Secretary Commonwealth of Yennsytvania , County of Crawford - ss : On November 26 , 2001 , before me appeared Marie A . Perricone to me personally known , who being by me duly sworn , did say that she resides in the Commonwealth of Pennsylvania , that she is Secretary of Allegheny Casualty Company, that she is the individual described in and who executed the preceding instrument, and that the seal affixed on said instrument is the corporate seal of said Company, and that instrument was signed and sealed on behalf of said Company by authority and direction of said Company, and the said officer acknowledged said instrument to be the free act and deed of said Company. ; NOTAq` o_ 5s JougoG Vf �F u� Notary Public of Pennsylvania CAAWFMy commission Expires 03/31 /03 Commonwealth of Pennsylvania, County of Crawford - ss : I , Marie A . Perricone , Secretary of ALLEGHENY CASUALTY COMPANY, a corporation of the Commonwealth of Pennsylvania, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, Executed by the said Company, which is still in full force and effect , lll In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company on this 1 1 t h day of Auclus12003— , ALLEGH . Y CA TY COMPANY By c1�uc —vlhc�oz c� Form L Secretary AL L.k;UtLEiN Y (: A' L1A1. 41 Y' CC1MpAl' y MEADVILLE, PENNSYLVANIA 16335 SHORT 1~OFUM FINANCIAL STATEMENT DECENMER 31 , 2Uo2 8 ,)ncis ASSETS I: .::ii cSlEltc � 12 , 3 -it;, 72 � Cash on hand .1ud on deposit 4414.4 ? A41, rnrs ' and � � rpt; IC.C' trust funds 4, 317 , 618 P-crniunis and agents' Nlancas in course of collection 6 , 074, 859 FIT rQcovcreb1v (int - Juding net deferred tax assget) 94 , 123 EDP eyu ►prn:nt 147 . 631 111rC175r, dryidvnj5, "ILL 1 �: ctl e3rarc lncclzuC aCGruied 6s85S Receivable from parent, subsidiaries and aililiata5 1771922 Lrcparcl tdxz,i 4 , 697 2011, S 23 210 , 908 MAULIT'IES & ST.TRPLLJS -- Losses Loss adjcistncnc expense $ 20 ,000 Othcr e -:pauses 2, 836 Taxes , incenses, and fees 3286090 Federal icicomc taaGs 2421622 Birrowed rio:icy 0 C nearncd premiums 35 , 887 Ctdcd reinsurance prcniiurns payable 3 , 335,290 Anounts withheld or retained for others 40,693 D ! a?L oalstarldiny 52 ,010 Specht reserves wilier Sec . 625 : 071 - FL Statutes 0 . gems ' and agencies ' tnui funis 11457,445 Def�i ; rd allowances to maua,gers and agcau 4 , 617 ,414 778 ,383 Cc _RML) a capital stock 10 , 910 68J Prcf,: rrcd capital ocoek g 1 ,5001001 Groi :; pari in and contributed stuplLs 1 , 200,000 I.!,zassi�:ccl fun;la t , u>, p : ua ) 1 , 000, li00 Less ircasucy stack 91860, 128 S +zplus as regards policyholders 1 , 2607000 12 , 300222$ 5 23 , 210, 908 CONIN1ON W zALTH OF FEtNNSYLVANIA COUNTY OF CRAW'F'OF.D ion. t11c under,igucd glee; Presidcnt used Trc&suror ofAllaghany Caeualty Company hemby certify the foregoing to be a shoe fcTm financial statement in the farm of a balance shoot, showing the Company's assets and liabilities on ,, provisional basis , Lhe close of bus uc.ss on December 31 , 2002 . ' N TE51 iN'M N'Y WHEREOF, we have set our hand;; and affixed the se - 1 of e Company , this 141h day of March , 2003 _ ohn C . So ff "i sident Cart E. Terry, Tre 3uxer 3ubSt_�ibcd :end sworn to before nit this 14th day of March 2003 . NOTAPtAI Sal !� Iy conunissiorr ccpii_, Dccnurbcr 19 , 2003 "� Che i D . HOWWdt Notary Piet Cheryl D . II -ard, Notary Public Mea Q, ravrlord Gaunll , F my COMMiSSM, Expires Dec . we "1'humi5 F . Ructtcy , prCSIdCnl Clrt E . Tcrry , vicc 1 rcaadcnt/Trcasurcr ' John L . Suf[, vicc Nresidcnt O MAric A . Ncrricuac , sccrcwy bull ? ^�- r frrcorporuted ill -1936 TERRORIS1vI COVERAGE RIDER NOTICE -DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM The Terrorism Risk Insurance Act of 2002 establishes a program within the Department of the Treasury, under which the federal government shares , with the insurance industry , the risk of loss from future terrorist attacks . The Act applies when the Secretary of [he Treasury certifies that an event meets the definition of an Act of Terrorism , The Act provides tha [ , to be certified , an Act of Terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals actinon behalf of any foreign person or foreign g interest to coerce the government or population of the UnitedS tares . In accordance with the Terrorism Risk Insurance Act of 2002 we are providing Ellis disclosure notice for bonds on which Allegheny Casualty Company is the Surety . 'The United State Government, Department of the Treasury, will pay a share of terrorism losses insured under the terms of the Act . The federal share equals 90 % of that portion of [ lie amount of such insured losses that exceeds the applicable insurer retention . This Coverage Part/Policy covers certain losses caused by terrorism . In accordance wi [ li the Federal Terrorism Risk Insurance Act 2002 , we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to the coverage arising from losses for Terrorist Acts Certified under that Act . The portion of your annual premium that is attributable to coverage for Terrorist Acts Certitied under the Act is : $ 0 . 00 .