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HomeMy WebLinkAbout2007-082 SECTION 00530 - EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE �� THIS AGREEMENT dated the � ' day of in the year � �07 by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and Darrminin Construction Corporation (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: Construction of approximately 815 LF of 16" PVC water main and 260 LF of 16" DIP water main, 220 LF of Jack and Bore Casing, 3 Fire Hydrant Assemblies and 4 gate valves on 77th Street in middle Indian River County, FL. Construction consists of, but is not limited to, utilities exploration, coordination with any permitting agencies, trenching, dewatering, installation of pipe with fittings and all appurtenances , restrainers, soil compaction , disinfection, testing (includes providing temporary jumper or another approved method for disinfection and flushing) , irrigation repair, private property replacement or repair, franchise utility repair and traffic control . DIP pipe shall be class 350 / AWWA C -150 and PVC pipe shall be C-905 per Indian River County Utility Standards and Specifications. CONTRACTOR, as an independent contractor and not as an employee, shall furnish , for the sum amount of $ 256 691 - 00, all of the necessary labor, material, and equipment to perform the work described above in accordance with the Contract Documents . ARTICLE 2. ENGINEER The project has been designed by W . F. McCain and Associates, Inc. , 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. CONTRACT TIME. 1 . 3. 1 Bidder agrees that the work will be completed in accordance with the following time frame: (a ) Within 3Q calendar days from effective date of Notice to Proceed , Contractor shall complete the following tasks : 1 . Obtain all necessary permits and provide a work schedule . 00530 EJCDC - Derrico Construction Corp 00530- 1 FWtihtjes',UTUTV - ENG I NEE RINGTrojects - Ulility Construction Permits\IRC - Hobart Induslnal Park Water Main Extension for Waste Management - McCain1G0530 EJCDC - Demca Construction Corp dac 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 . Mobilize all labor, equipment, and materials. 6 . Deliver and store all equipment and materials to the job site . 7. Notify all utilities and other affected parties prior to initiating construction . (b) From 81 calendar days to 121 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 preconstruction condition . 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i .e . , Subparagraphs a and b) constitute Substantial Completion . C) From 121 calendar days to 151 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks: 1 . Clean up project area . 2 . Remove all equipment and material from project site . 3 . Perform contract close-out procedures. Completion of all tasks outlined above (i . e. , Subparagraphs a , b, and c) constitute Final Completion . 3. 2 Liquidated Damages. OWNER and CONTRACTOR 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. 1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They 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 four-hundred and fifty dollars ($450. 00) for each day that expires after the time specified in Paragraph 3. 1 for Substantial Completion , if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER four-hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3. 1 for completion and readiness 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 $ 256 -691 00 . 00530 EJCDC - Derrico Construction Corp 00530-2 F Utililies',UTILITV - ENGINEERING\Projects - Utility Construction PermitsilRC - Hobart Industrial Park Water Main Extension for Waste Management- McCaini00530 EJCDC - Derdm Construction Corp doc ARTICLE 5. PAYMENT PROCEDURES. 5. 1 . 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 . 5 . 1 . 1 . 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. 5.2. 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, and the County 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 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 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 of the withheld retainage until the final pay request. 5.3 Paragraphs 5 . 1 . 1 and 5.2 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. INTEREST. Not Applicable . 00530 EJCDC - Derrico Construction Corp 00530-3 FAUtilitieslUTILITV - ENGINEERING1Prcjects - Uti l lly Construction Permts,I RC - Hobart Inoustrial Park Water Main Extension for Waste Management - MCCalnl00530 EJCDC - Derrico Construction Corp doc ARTICLE 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7. 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. 2 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations , investigations, explorations , tests, reports and studies 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 . 7.3 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 . 3 of the General Conditions . 7.4 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. 5 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. The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the work, consist of the following : 8. 1 This Agreement (Section 00530) . 8.2 Performance and other bonds (Sections 00610 and 00620). 00530 EJCDC - Derrico Construction Corp 00530-4 FAUti l lllesWTILIT - ENGWEERINGProjects - Utility Construction Permits\IRC - Hobart I ntluslrlal Park Water Main Extension for Waste Management - MCCaIn\00530 EJCUC - Carrico Construction Corp Doc 8. 3 Notice of Award and Notice to Proceed . 8.4 General Conditions (Section 00700). 8 . 5 Supplementary Conditions (Section 00800) . 8. 6 Specifications bearing the title "IRCDUS Water and Wastpwat r Utility Standards , Octoher 2006 or latest version". 8. 7 Addenda numbers 1 to 4 inclusive. 8 . 8 Indian River County Water and Wastewater Utility Ordinances, 8. 9 The following , which may be delivered or issued after the effective date of the Agreement and are not attached hereto: All written amendments and other documents amending , modifying , or supplementing the Contract Documents pursuant to Paragraphs 3 .4 and 3 .5 of the General Conditions. 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 3.4 and 3.5 of the General Conditions . ARTICLE 9. MISCELLANEOUS 9 . 1 Terms used in this Agreement, which are defined in Article 1 of the General Conditions, will have the meanings indicated in the General Conditions. 9 .2 No assignment by a party hereto of any rights under or interests in the Contract Documents 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 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 . 3 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 of all covenants, agreements and obligations contained in the Contract Documents. 9 .4 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 IN INDIAN RIVER COUNTY. 9 . 5 CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its agents , employees, elected officers and representatives , 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 00530 EJCDC - Derrico Construction Corp 00530-5 F rUtilibeaWTILRV - ENGINEERING1Projects - Utility Construction Permits\IRC - Hobart Industrial Park Water blain Extension for Waste Management - VeCainM530 EJCDC - Derrico Construction Corp tloc CONTRACTOR in the performance of the work under this Agreement. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. The Remainder of this Page Left Blank Intentionally 00530 EJCDC - Derrico Construction Corp 00530-6 RUtililies\UTILITY - ENG IN EERING',Projects - Utility Construction Perri - Hobart Industrial Park Water Main Extension for Waste Management - MCCain\0p530 EJCDC - Derrico Construction Corp .doc IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEE n their behalf. This Agreement will be effective on, % � 4 `� 2007 . OWNER CONTRACTOR Indian River County nerrico Construction Corporation Board of County Commissioners BY BY �c�w- ✓rc�az %7 Gary C lheeleF Chajrman ( PTSO Attest Attest: J . K. B- q 0lerk of the Circuit Court Deputy Clerk Approved: Josep . Baird , County Administrator 0 Aporoved as to Form and Lega4 ,Spfficiency: ounty Attorn Address forgiving notices Address for giving notices 1840 25th Street P. O . Box 361177 Vero Beach- Florida 32q6O Melbourne FIL 32938- 1177 License No. CLIC 1224051 Agent for service of process : ( If CONTRACTOR is a corpora ach evidence of authority to sign) ** END OF SECTION ** 00530 EJCDC - Derrico Construction Corp 00530-7 F �UtilitiesWTILITV - ENG IN EERING\Projeros - Utility Construction Perri ls%IRC - Hobart Industrial Park Water Main Estensien for Waste Management - McCainip0530 EJCDC - Dernco Construction Corp .dos 1829635 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN RIVER CO FL , EK : 2145 'PG : 2450 , 03 / 21 / 2007 04 : 23 PM Public Work F.S. Chapter 255.05 (1)(a) Cover Page BOND NO.: 3373362 CONTRACTOR NAME: Derrico Construction Corporation CONTRACTOR ADDRESS: 2225 Avocado Avenue Melbourne, FL 32936-1177 CONTRACTOR PHONE NO.: (321) 2544291 SURETY COMPANY: Great American Insurance Company 580 Walnut Street Cincinnati, 01145202 SURETY COMPANY PHONE NO. : (513) 369-5000 OWNER NAME: Indian River County Board of County Commissioners OWNER ADDRESS: 1840 25th Street Vero Beacb, FL 329603365 OWNER PHONE NO.: (772) 567-8W OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO.: BOND AMOUNT: s $320,863.75/$256,691.00 CONTRACT NO. : (If applicable) DESCRIPTION OF WORK: Utilities Project No. UCP# 2387, Indian River County Bid # 2007036, Construction of Hobart Industrial Park Water Main Extension PROJECT LOCATION: Located on 77th Street just West of Old Dixie Highway LEGAL DESCRIPTION: (If applicable) FRONTPAGE All other bond page(s) aro deemed subsequent to this page regardless of any page number(s) that may be printed thereon. A TRUE COPY T PAGE CERTIFICATION ON LAS J,I(, WTON, CLERK BK : 2145 PG : 2451 Public Work F . S. Chapter 255 .05 Bond No. 3373362 (1 )(a) Cover Page forms and SECTION 00612 Executed in 2 Counterparts becomes a part of this bond . PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we Derrico Construction Corporation as Principal , and Great American Insurance Company , a corporation , as Surety, are held and firmly bound unto the County of Indian River, Florida , in the sum of Two Hundred Fifty Six Thousand Six Hundred Ninety One & 00/100ths Dollars ($ 256 691 .00 ) , amounting to 100% of the total bid price. For the payment of said sum we bind ourselves, our heirs, executors, administrators and assign � s, jointly and� sev rally, for the faithful performance of a certain written Contract, dated the fyday of // /afC.� entered into between the Principal and the County of Indian River, for: Project Name: Hobart Industrial Park Water Main Extension County Project Bid Number: 2007036 UPC Number: 2387 Project Location : 77"' Street just West of Old Dixie Highway, Indian River County , FL Project Description : PROJECT DESCRIPTION IS NOT INCLUDED AT THIS TIME A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein . NOW, THEREFORE , THE CONDITIONS OF THIS OBLIGATION ARE SUCH , that, if the Principal shall promptly make payments to all claimants, as defined below, then this obligation shall be void; otherwise , this Bond shall remain in full force and effect, subject to the following terms and conditions: 1 . A claimant is defined in Florida Statutes Section 255. 05 ( 1 ) means all persons defined in Florida Statutes Section 713.01 (2005) who furnish labor services, materials or supplies, used directly or indirectly by the Principal or any subcontractor in the prosecution of the Work provided for in said Contract. 044572007 00612 - 1 ATRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BIC : 2145 PG : 2452 B. This bond is issued pursuant to Florida, Statutes Section 255.05 (2005) . The Surety, for value received , hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or to the Specifications applicable thereto , shall in any way affect its obligations on this Bond , and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract. The Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings that the County of Indian River sustains because of a default by the Principal under the Contract. Florida Statutes Section 255. 05 (2005), as amended from time to time , together with all notice and time provisions contained in subsection (2) of Florida Statutes Section 255. 05, is incorporated herein in its entirety by this reference. The bond must state on its front page: the name, principal business address , and phone number of the contractor, the surety, the owner of the property being improved, and , if different from the owner, the contracting public entity; the contract number assigned by the contracting public entity; and a description of the project sufficient to identify it, such as a legal description or the street address of the property being improved, and a general description of the improvement, and the bond number. IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals , this / 721 day of /92*2 It ZZ361 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative , pursuant to authority of its governing body. Rb<KHYf IR4iY4f1}itfiK*!**YfRRifR44R4b*ifYtiftf R4H14f*MK1ff*11M1fff11K*1lfflfiMli*ffY*N111f1KHi fiK WH E PRINCIPAL IS AN INDIVIDUAL: Witness Signature of Individual Address Pri a of Individual Witness Addre KRtKt44ttiK*fR14f*1H44*1t4*KRfi*t*t*M1fiK**t1ft41tfiflHlK*K4RiK4411tKfRlfKf*Ytf*fi*R4tlfiff*4Kfi4f YfiKNf IPAL IS A SOLE PROPRIETORSHIP OR OPERATES E NAME : Signed ivered in the presence of: 044572007 00612 - 2 A TRUE COPY CERTIFICATION ON LAST PAGE JX BARTON, CLERK I BK : 2145 PG : 2453 !Address ss Name of Partnership BY: P er Printed r4 of Partner Witness (SEAL) A ss WH HE PRINCIPAL IS A PARTNERSHIP : Signed, sealed delivered in the presence of: Witness Name of Partnership BY: Address P e Printed Name of Pa Witness (SEAL) ress [The remainder of this page was left blank intentionally] 044572007 ATRUE COPY 00612 - 3 CERTIFICATION ON LAST PAGE J .K, BARTON, CLERK I BK : 2145 PG : 2454 fRY*Y#Y#*ttk;ftf M;iY41;#;#R;*#*ttfitR;ftfRY*ttflYttktif;Y#tt#ttRf#ttt*tltt##;ti;;;iff;YfYRffft!!f!#f*f;f RRkf WHEN THE PRINCIPAL IS ACORPORATION : Attest: Secretary Name of Corporation Derrico Construction Corrie r : ?/p�';• BY: � 6r Ltty �il _ yo :' _ o Lno 1 n ot (Affix Corporate SEAL) `:, q � � o• op e Printed Name � .,j Official Title P2c� ) 6� i CERTIFICATE AS TO CORPORATE PRINCIPAL I K'. bul S . Rx Le"t r� certify that I am the Secretary of the corporation named as Principal in the within bond ; that `Sc`, � T. i� vc + .# , who signed the said bond on , , behalf of the Principal was then Pres; Ae,-,+ of said corporation: that I know w<e ., his signature , and his signature thereto is genuine; and that said Bond was duly signe ' ' ; and attested for and on behalf of Said corporation by authority of Its governing body,< 'C, Secretary (SEAL) TO BE EXECUTED BY CORPORATE SURETY : Attest: r Secreta Corporat urety Gre t Am ante Company Busi s Address 58 al t Street incinnati , OH 45202 BY: porate SEAL a Attorney-In-Fact & Florida Licensed 114er&ntAvo�t. e April L. Lively Name of Local Agency Guignard Company Business Address 1904 Boothe Circle Longwood, FL 32750 Inquiries: (407) 834-0022 044572007 00612 - 4 A TRUE COPY CERTIFICATION ON LAST PAGE J .K. BARTON, CLERK BK : 2145 PG : 2455 STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me , a Notary Public, duly commissioned, qualified and acting , personally appeared April L. Lively , to me well known , who being by me first duly sworn upon oath , says that he is the attorney-in-fact for the Great American Insurance Company and that he has been authorized by Great American Insurance Company to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida . Subscribed and sworn to before me this 15"' day of March , 2007 Notary Public, State of Florida My Commission Expires : August 30 , 2008 KATHLEEN A . CLAWSON Notary Public, State of Florida My comm. exp . Aug . 30 , 2008 Comm. No . DO 351092 * * END OF SECTION 044572007 00612 - 5 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK : 2145 PG : 2456 GREAT AMERICAN INSURANCE AH", Administratt" Office: SM WALNtf $11=1 :i' Win, a FAX 579.729.2740 The number of persons authorized by this power of Wonsey is not more than EIGHT No. o 18318 I l�Rt 014.C!'ORIdEY KNOW ALL MEN BY 1T M11111111111" '4YIk61t:ORBAT tM4FRICAN BfBUAJ ! "@ COMPANY, a corporation organized and existing under and by virtue of the laws of the Sate of QaOiylt* e. coallkAft ancl wood below its one ad lawful ataunsey- in-fact, for it and in its name, place and steadbengtxdsbab"dfse am owpony, as emeryt say at aft oAK Mwaticiass and contracts of suretyship, or other wriaen obligations W the naee d provMad'mai tha*dOity of the tuWCw may on aay sdrbi 4 m contract of suretyship meaitsd under this authority shall act exceed da: ' Nosed blow. _ Name , Address Limit of power J.W. GUIGNARD APRIL Lai UHELY _ ALL OF ALL BRYCE R. GUIGNARD BRETT AAGL A D LONMVOOD, FLORIDA {75,000.000. I PAUL J. CIAMBRIELLO MARGIEIMORRIB M. GARY FRANCIS JENNIF L. MOCARTA This Power of Attorney rewta�pssvmas Wuxi is ladWerlbe stmtn ry(s}4a nsmetaposa. IN WITNESS WHEREOF the AM� !}4�URANCECOMPANY has co"dar /plssI 4hesigKdandabestedby usappropriate oRiods ad its corporate sal berm-AD Wer OTH Attest GREAT AMBRICAN INSURANCE COMPANY 2003 I I STATE OF OHIO, COUNTY OF HAMIL" - erg: _ . bwnoaarawists+tz+eoai on nthi9TH Hay of �E, 26 bamnalimnn6ygDAVID C. KITCHIN, tome (mown, being dol Nworasa and says he tmde to Grab" OMk Mat he is 19b DivWorat Sawing Viae Pari f* of the Bond Division of Great American IrM"ACO Compay, the Company daerlhd tied wlyth;tilsgaaad the oho" Moment; that he Rotas tis *Wd¢e sairl Company; this the rest affued to the oak hist ument is such corporate scab 6 tt it was 00sflhtaS1*1 aarhodty dhW office tmkr the By-Larva at rid Cmpany. and that he signed his name �- tlraao by l&&e aabonty. - I _ KAREN L. BERRY - NOTARY PUBLIO, STATE OF 040 My Commiswa Expirm M-16-03 k This PowerofAmontey isgramrd by atd6erityoft4 folbwfag raaimiarsadoptdbydrcBa"ofDMagwsefGrestAmerican Wsivaerecompany rI by manitsoua written consem dud Mach 1, 1993. _ I RESOLVED: That the Division 1°residrar. AWN Shritior; Hos Psesidaa antAssi awtl' Nng fitrstdnisat.,or my one of dada, be oral hereby a {E ausbor>drel JJoroosm alta a [cora b sOpdar mq' err aaovrtWfosl/geJs Rsp to estsiyW on 6rha((of dr C1MOViMlt ax arngt arty and ail bondr. asderaaUngs and ameaat q(aoaryah}, a, aNb►s avdiMn obtig�sdoas b ON waaNs depeat d proscribe thew rapeortasiatei anafAW Ar*wnss liras of theiraatbpray; and to ' nods aV' ssdgpivaarr err airy tone. I, i 86WFyAVP[I FURTHER: 77W the COWPMY arl;tsdaM OJMY Of SAW SWOary or Aesirtma Sscrowy of Ae L'eeMsy'e7ey ��6ordbyfocabluk to myAm 4fax"$ iyae� qfrfi�r givers for Ma � 1�.4 AV" watiff"Na. co~ err snreryaw arosMr wriaw o6l m' q in the nature the usg henry, *arCvianyaa aye odgiasd woos are of sack gficer and the origins ! seal of rhe Cwnpanyt ro be +s i',k tt&PM ds COPW44Y wltft At jowilbwr.MlY 41" err 00swita maidly $aaL n r � ' 1 � I ..,. { YB9 {e[41eICAtiMiCm lnamyioe CnmFea�.lp haa*yoftt4 that theforwhig Power ofAWmny ted the y of lar" aoYlit" low dmdaid Are now itWko_aa ad effect. 4ey e � If Y �,`�c �syrcw I s:zraa c w = � TRUE COPY I k • r� ��i A° � y CERTIFICATION ON LAST PAGE .J. K13ARTC t; 6LERK etaaavlAfq r : � �. BK : 2145 PG : 2457 Public Work F.S. Chapter 255.05 (1)(a) Cover Page BOND NO.: 3373362 CONTRACTOR NAME: Derrico Construction Corporation CONTRACTOR ADDRESS: 2225 Avocado Avenue Melbourne, FL 32936-1177 CONTRACTOR PHONE NO.: (321) 254-2291 Great American Insurance Company SURETY COMPANY: 580 Walnut Street Cincinnati, 01145202 SURETY COMPANY PHONE NO.: (513) 3695000 OWNERNAME: Indian River County Board of County Commissioners OWNER ADDRESS: 1840 25th Street Vero Beach FL 32960-3365 OWNER PHONE NO.: (772) 567-8000 OBLIGEE NAME: (if contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO.: BOND AMOUNT: S $320,80.754256,691.00 CONTRACT NO.: (If applicable) DESCRIPTION of WORK: Utilities Project No. UCP# 2387, Indian River County Sid # 2007036, Construction of Hobart Industrial Park Water Main Extension PROJECT LOCATION: Located on 77m Street just West of Old Dixie Highway LEGAL DESCRIPTION: (If applicable) FRONTPAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. A TRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTON, CLERK BK : 2145 PG : 2458 Public Work F . S . Chapter 255. 05 Bond No. 3373362 (1 ) (a) Cover Page forms and Executed in 2 Counterparts becomes a part of this bond. SECTION 00610 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we Derrico Construction Corporation as Principal , and Great American Insurance Company , a corporation , as Surety, are held and firmly bound unto the County of Indian River, Florida, in the sum of Dollars($ 320, 863. 75 ) , amounting to 125% of the total bid price. For the payment of said sum we bind ourselves, our heirs , executors, administrators and assigns, joint and se ally, for the faithful performance of a certain written Contract, dated the 6 day of A h , �, entered into between the Principal and the County of Indian River, for: Project Name : Hobart Industrial Park Water Main Extension County Project Bid Number: 2007036 UCP Number: 2387 Project Location : 77th Street just West of Old Dixie Highway, Indian River County, FL Project Description: PROJECT DESCRIPTION IS NOT INCLUDED AT THIS TIME A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall in all respects perform the Contract and its obligations thereunder, at the times and in the manner prescribed in the Contract; perform the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; and pay Indian River County all losses, damages, expenses, costs , and attorney's fees, including appellate proceedings, as set forth in the Contract, that Owner sustains because of a default by Principal under the Contract, then this obligation shall be null and void ; otherwise the Principal and Surety, jointly and severally , agree too pay Indian River County any difference between the sum that Indian River County may be obliged to pay for the completion of said Work, by contract or otherwise. AND, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications or Drawings accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work. 044572015 00610 - 1 ATRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTON, CLERK BK : 2145 PG : 2459 AND, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. Principal and Surety expressly acknowledge that any and all provisions relating to liquidated damages contained in the Contract are expressly covered by and made a part of this Bond . Principal and Surety acknowledge that any such provisions lie within their obligations and within the policy coverages and limitations of this Bond . Florida Statutes Section 255. 05 (2005) , as amended from time to time, together with all notice and time provisions contained in subsection (2) of Florida Statutes Section 255 .05, is incorporated herein in its entirety by this reference. This bond is issued pursuant to Florida Statutes section 255 .05 (2005). The bond must state on its front page : the name, principal business address, and phone number of the contractor, the surety, the owner of the property being improved, and, if different from the owner, the contracting public entity; the contract number assigned by the contracting public entity; and a description of the project sufficient to identify it, such as a legal description or the street address of the property being improved, and a general description of the improvement, and the bond number. IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, this 19 �13- day of &ae.4 , �'7 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 044572015 ATRUE COPY 00610 - 2 CERTIFICATION ON LAST PAGE J .K. BARTON, CLERK i BK : 2145 PG : 2460 R R}tRFkF}flffff}kFWYttikff R4fiMRMfittiittY4ttfi}fi#RRMRIYIWFFkffikMRR}R}R}RRRRRkfitR#R#XRMfkfMk}kRRfi} !kf}}1 WHE E PRINCIPAL IS AN INDIVIDUAL: Signed, sealed a elivered in the presence of: Witness Signature of Indivi Address Print me of Individual Witness Address !#MR}kkfFWiltR}f}tYW}tRf#Ri#ftffRRFtitt}kttf}tY}Wf}f}RRl1YYft#YMkRMRFYWkFFWIWFFFFtt}t}fiM#t#M#f#fktR}kRkkRfk HEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TR N Signed , seale d delivered in the presence of: Witness Name of Partnership BY: Address Partner Printed Name of Partner Witness (SEAL) Addr 4572015 A TRUE COPY 04 - 3 CERTIFICATION ON LAST PAGE 0457 J . K. BARTON, CLERK I BK : 2145 PG : 2461 flifM**tA!!**M!*iAR**ktk*R*ktk*#*#trttkkk#R*Mt*kkk***M*t*t*!4k*#kR}*ffrtkt*R}}ftlAfAttk#kkftkt}A*ltikkkktki*4* W THE PRINCIPAL IS A PARTNERSHIP: Signed, seale d delivered in the presence of: Witness Name of Partnership B . Address Partner nted Name of Partne Witness (SEAL) Address 4572015 A TRUE COPY 044572015 - 4 CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK I BK : 2145 PG : 2462 RMfklkk Yktttlk*kifkkkht**tti4R*Mti4ikit4f!*iiftk4tif4itktt**!ki*R**Rti4RkfkkkkY*/lkRRRlfIRf*1ff11f Y4RRfkR*4k WHEN THE PRINCIPAL IS A CORPORATION : Attest: 1( , 6 L64 S Zo tz,+u„ Secretary Name of Corporation Derrico Construction Corporatie�l , ,.. . . (Affix Corporate SEAL) Printed Name � � fJ /�o �cwi, • . . . . . Official Title Aes o6�r CERTIFICATE AS TO CORPORATE PRINCIPAL I certify that I am the Secretary of the corporation named as Principal in thb within bond; that Sot. ,, _D fZ06GYL,t sv. , who signed the said bond on behalf of the Principal was then Pref A4 . t of said corporation : that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed , .seal[WI - , and attested for and on behalf of Said corporation by authority of Its governing body. c ' tt ,, ) " . Secretary (SEAL) TO BE EXECUTED BY CORPORATE SURETY: Attest: Secret a(Affix Su G can Insurance Company ddre s 5 I ut Street C ci n ti, OH 45202 - orate SEAL) _ V z Attomey-In-Fact & Florida Licensed fZesi jent.A iirft ,c'� April L. Lively Inquiries: (407) 834-0022 Name of Local Agency Guignard Company Business Address 1904 Boothe Circle Longwood , FL 32750 044572015 00610 - 5 A TRUE COPY CERTIFICATICN ON LAST PAGE J K. BARTON , CLERK BK : 2145 PG : 2463 STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public , duly commissioned, qualified and acting, personally appeared April L . Lively , to me well known , who being by me first duly sworn upon oath , says that he is the attorney-in-fact for the Great American Insurance Company and that he has been authorized by Great American Insurance Company to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this 15" day of March 2007+ Notary Public, State of Florida My Commission Expires: August 30, 2008 KATHLEEN A. CLAWSON Notary Public, State of Florida My comm. exp . Aug. 30, 2008 Comm. No. DO 351092 ` END OF SECTION ' " STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THATTHIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. 044572015 J,#( BARTON, CLERK d�l�/LEir��OG\ IQJSS/ —_ 00610 - 6 ,tel }�; By a.`h'w� DEPUTY CLERK a DATE �_ ACORD CERTIFICATE OF LIABILITY INSURANCE OPID E DATE (MWDDM) W) DERRCON 1 03 / 09 /07 PRODUCER THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE J Rolfe Davis Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P . O . Box 945255 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Maitland FL 32794 -5255 Phone : 407 -691 - 9600 INSURERS AFFORDING COVERAGE NAIL # INSURED INSURER A. Transcontinentai nuurance co . 20486 INSURER B: Transportation Insurance cewpa 20494 Derrico Construction Corp . INSURER C. DriLTeeield Casualty Ins , Co . 10701 P . O . Box 361177 wsuRER D Melbourne FL 32936 - 1177 INSURER E'. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT IMSTAJNDING ANY REQUIREMENT, TERM OR CONDITION OF AV Y CONTRACT CR OTHER DOCUMENT WITH RESPECT TO MUCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSJRANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL ME TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOVJIJ MAY HAVE BEEN REDUCED BY PAID CI NMS LTR SRE TYPE OF INSURANCE POLICYNUMBER DATE IMMIDD,MY) DATE (MMI OM) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X X COMMERCIALGENERAL LIABILITY 2091695547 09 / 06 / 06 09 / 06 / 07 PREMISES (Ea occurence) $ 300000 j CLA MS LVDE Al OCCUR MED EKP (Any One person) $ 10000 I PEFSCNY d ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN, AG3REGATE LIMITAPPLIES Pp, PRODUCTS - CGVPIOP AGG $ 2000000 POLICYIX JPECTRC LOC AUTOMOBILE LIABILITY '� 2091695550 09 / 06 / 06 09 / 06 / 07 (EaCOMBINED SINGEUM1T '' E 1000000 A •-1 A'JTC CO BINEDl) ALL CArt.=_D AUTOS BODILY INJURY $ SCHECULEDAUTOS IPer person) HIRED A--QS I BODILY INJURY $ NON OWNED AUTOS (Per accCeni) PROPER-Y DAMnGE $ (Re, eccaem) GARAGE LIABILITI' AITTO ONLY - EA ACCIOEM $ ANY ALIO OTHER THAN EA HCC $ AUTO ONLY. AGO 1 $ EXCESSIUMBRELLALIABILIT' EACH OCCURRENCE $ 4000000 B X1 OCCUR 71 CUIMSMADE 2091695564 09 / 06 / 06 09 / 06 / 07AGGREGATE $ 4000000 s DEDUCTIBLE $ X I PETENTGN $ 10000 $ '.VORKERS COMPENSATION AND X TORY LIMITS ER C EMPLOYERIETGR ILIN _ 83034631 06 OFFICE MEMB R/PARTNER/Ex=cur'.vE / 03/ 06 06 / 03 / 07 EL EACH ACCIDENT 8 500000 If Fes des-ree under EXCWDED9 EL DISEASE - EAEMPLCYEE $ SOOOOO I Yes, O05>n Le ppder I SPECIAL PROVISIONS below EL DISEASE - POLICYLIMIT $ 500000 OTHER I I � DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re : Indian River County Bid # 2007036 ; Hobart Industial Park NM Extension . Indian River County is included as Additional Insured as respects General Liability under a blanket additional insured endorsement if required by written contract . Liability is limited to loss or damage arising out of negligent acts of the insured . * Except as required by Florida statute . CERTIFICATE HOLDER CANCELLATION INDIRI4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN Indian River County NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL Board Of County Commissioners Purchasing Division IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR 1840 25th Street REPRESENTATIVES. Vero Beach FL 32960 IZE REPRESENTATIVE ACORD 25 (2001108) © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001 /08)