HomeMy WebLinkAbout2007-041 SECTION 00530 - EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT, dated the �)_A _day of in the year CLG 9 by and
between Indian River County, a political subdivision of the State of Florida ( hereinafter called
OWNER) and III r nJynrCIfIPd . Inc. of Palmetto Florida (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 construct a master sewer in-line pump station
including the following : soil preparation , site clearing and grading , paving , site landscaping ,
CBS building for air-conditioned electrical room and generator, including concrete
foundation and floor, 350 kw generator, fuel storage tank with pad , modifications to the
existing LS #89 wetwell and panels , aboveground pump station including pumps, piping ,
valves, control valves, electrical gear, instrumentation , flow meters, modifications to
existing pump station piping , painting and architectural treatment and accessory items, as
depicted in these documents.
CONTRACTOR , as an independent contractor and not as an employee, shall furnish , for the sum
amount of $1,5+04,733 .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 Kimley-Horn 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.
3. 1 The work will be completed in accordance with the following time frame.
(a) Within JM calendar days from the effective date of Notice to Proceed , the
CONTRACTOR shall complete the following tasks:
1 . Construct facility building and pump station .
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2 . Install all pipes, valves , and appurtenant items.
3. Perform all testing .
4. Provide a system to the OWNER which is of beneficial use and allows the
OWNER to provide utility service to their customers with normal
operations .
Completion of all tasks outlined above (i .e . , Subparagraphs a) constitute Stibstantial
Completion ,
(b) From 181 calendar days to 21a calendar days from the effective date of Notice
to Proceed , the CONTRACTOR shall complete the following tasks:
1 . Clean up project area.
2 . Restore all disturbed areas to their pre-construction condition .
3 . Correct all deficiencies noted by Engineer.
4 . Remove all equipment and material from project site.
5 . Perform contract close-out procedures.
Completion of all tasks outlined above (i . e. , Subparagraphs a and b ) 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
three hundred and fifty dollars ($350 .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 three
hundred and fifty dollars ($350. 00) for each day that expires after the time specified in
Paragraph 3. 1 for completion and readiness for final payment.
3.3 In addition to the above-stated liquidated damages, the CONTRACTOR shall be
responsible for reimbursing OWNER for all costs incurred by OWNER to third party
consultants including , without limiting the generality of the foregoing , any
ENGINEER in administering the construction of the Project beyond the Substantial
Completion date as specified in the Contract or beyond an approved extension of
time granted to CONTRACTOR , whichever date is later.
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 $1, M4,Z33 no.
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ARTICLE 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as
provided in the General Conditions.
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 . 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 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. 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.
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In such event, payment and retainage provisions shall be governed by the
applicable grant requirements and guidelines.
5. 4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the
work is ready for final inspection and acceptance, the ENGINEER will promptly
make such inspection and when the ENGINEER finds the work acceptable under
the terms of the Contract and the Contract fully performed , the ENGINEER will
promptly issue a final completion certificate stating that the work provided for in
this Contract has been completed , and acceptance by the OWNER under the
terms and the conditions thereof is recommended and the entire balance found
to be due the CONTRACTOR, will be paid to the CONTRACTOR by the
OWNER following County Commission approval of the final Contract payment.
ARTICLE 6. INTEREST.
Not Applicable .
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 studied carefully all reports of explorations and tests of
subsurface conditions and drawings of physical conditions which are identified in
the Supplementary Conditions as provided in Paragraph 4.02 of the General
Conditions, and accepts the determination set forth in Paragraph SC-4 .02 of the
Supplementary Conditions of the extent of the technical data contained in such
reports and drawings upon which CONTRACTOR is entitled to rely.
7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations ,
explorations , tests, reports and studies (in addition to or to supplement those
referred to in Paragraph 7.2 above) which pertain to the subsurface or physical
conditions at or contiguous to the site or otherwise may affect the cost, progress,
performance or furnishing of the work as CONTRACTOR considers necessary for
the performance of furnishing of the work at the Contract Price, within the Contract
Time and in accordance with the other terms and conditions of the Contract
Documents, including specifically the provisions of Paragraph 4.02 of the General
Conditions; and no additional examinations, investigations, explorations, tests,
reports, studies or similar information or data are or will be required by
CONTRACTOR for such purposes.
7.4 CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing underground facilities
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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 4.03 of the General Conditions.
7.5 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations , tests, reports and studies with the terms and
conditions of the Contract Documents.
7. 6 CONTRACTOR has given ENGINEER written notice of all conflicts , errors or
discrepancies that he has is covered 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) .
8.3 Notice of Award and Notice to Proceed.
8.4 General Conditions (Section 00700) .
8.5 Supplementary Conditions (Section 00800).
8.6 Technical Specifications as listed herein the table of contents of these documents .
8.7 Drawings consisting of a coversheet and sheets 2 through 24, inclusive, with each
bearing the title Inline Sewer Master Pump Station Construction .
8.8 Addenda numbers 1 to 3 , inclusive.
8.9 CONTRACTOR'S Bid Form (Section 00310).
8. 10 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 Paragraph 3. 04 of the General Conditions.
8. 11 Specifications bearing the title "IRCDUS Water and Wastewater Utility
Standards, September 2004", or the latest version thereof.
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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 Paragraph 3.04 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.
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 .
9.5 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.
9.6 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
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.
9 .7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or
make it a guarantor of payment or surety for any Agreement, debt , obligation ,
judgment, lien or any form of indebtedness. The CONTRACTOR further warrants
and represents that it has no obligation or indebtedness that would impair its ability
to fulfill the terms of this Agreement.
9. 8 Counterparts. This Agreement may be executed in one or more counterparts, but
all such counterparts, when duly executed, shall constitute one and the same
Agreement.
9.9 Public Records. The OWNER and the CONTRACTOR shall comply with the
provisions of Chapter 119, Florida Statutes (Public Records Law) in connection
with this Agreement.
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Article 10. OTHER PROVISIONS .
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 ENGINEER on their behalf.
OWNER: CONTRACTOR:
Indian River County TLC Diversified Inc.
Board of County Commissioners
BY
B
G ` O Wheeler, Chairman /
(C R SES
Attest JX BARTr7- - Att t:
J . K. Bat'", Clerk of the Circuit Court
By:
Depuuty Clerk
Approved By:
l
J eph A. Baird , County Administrator
Approved as to Form and Le al Sufficiency:
Wy Attorney
Address for giving notices Address forgiving notices
1840 25th Street, Vero Reach , FL 32960 2719 17th Street E
Palmettn Florida 34221
License No . CGC 041816
Agent for service of process:
END OF SECTION
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1824339 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN
RIVER CO FL , BK : 2138 PG : 1348 , 02 / 28 / 2007 04 : 10 PM
WESTFIELD INSURANCE COMPANY
ONE PARK CIRCLE
WESTFIELD CENTER, OHIO 44251
1 800 3318208 BOND NO: 0019080
This is the front page of the performanne/payment bond issued in compliance with Florida
Statute Chapter 255.05
Contractor Name TLC DIVERSIFIED, INC.
Address 2719 17THSTREET EAST
PALMETTO, FL. 34221
Phone # 941722-0621
Owner Name INDIAN RIVER COUNTY
Address 1840 25THSTREET
VERO BEACH, FL. 32960
Phone # 772 567-8000 X 1416
Contract Number 2007025
Project Description CONSTRUCTION OF MASTER IN-LINE PUMP STATION
RECEIVED
FEB 1 6 Z007
BY:
ATRUE COPY
CERTIFICATION ON LAST PAGE
J.K. BARTON, CLERK
BK : 2138 PG : 1349
SECTION 00610
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS4.
BY THIS BOND, We* TLC Diversified, Inc,
2719 1r Street East, Palmetto, Fl, 34221
as Principal and " Westfield Insurance Company
One Park Circle, Westfield Center, Ohio 44251
• INSERT NAME, PRINCIPAL BUSINESS ADDRESS, AND PHONE NUMBER OF THE CONTRACTOR
•" INSERT NAME, PRINCIPAL BUSINESS ADDRESS, AND PHONE NUMBER OF THE SURE
are held and firmly bound unto the County of Indian River, Florida, in the sum of
One Million Elaht Hundred and Eighty Thousand Nine Hundred and Sixteen Dollars and .25
cents Dollars (8 1 .8e0.91e.25 ), amounting to 125% of the total bid price. For the payment of
said sum we bind ourselves, our heirs, executors, administrators and assigns jointly and
seve (
rally, for the faithful performance of a certain written Contract, dated the _ d day of
lc ES , 20a, entered into between the Principal and the County of Indian River, for:
Project Name: Master Inline Sewer Pump Station Construction
County Project Number: UCP-2628
County Bid Number: 2907025
CDBG Contract #: NIA
Project Location: 11500 9th Street SW (Oslo Road)
Furnish all labor and materials necessary to construct a master
sewer in-line pump station including the following: soil preparation,
site clearing and grading, paving , site landscaping, CBS building
for air-conditioned electrical room and generator, including
concrete foundation and floor, 350 kw generator, fuel storage tank
with pad, modificabons to the existing LS #89 wetwell and panels,
aboveground pump station including pumps, piping, valves,
control valves, electrical gear, instrumentation, flow meters,
modifications to existing pump station piping, painting and
architectural treatment and accessory Items, as depicted in these
documents.
A copy of said -Contract Including all Contract Documents therein referenced and made a part
thereof 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 in accordance with the terms and conditions of the
Contract and its obligations thereunder at the times and in the manner prescribed in the
Contract, and shall indemnify and save harmless the County of Indian River as set forth in the
Contract and in the performance of the work under the Contract, and further, if the Principal
shall promptly make payments to all claimants, as defined in Florida Statutes Section
255. 05(1 )(2005) as amended from time to time, who supply him with labor, services, or
materials used directly or Indirectly by the Principal in the prosecution of the Worts provided for
044572015
00610 - 1
ATRUE COPY PAGE
CERTIFICX11 CLERK
J .K. BART
BK : 2138 PG : 1350
in said Contract, then this obligation shall be null and void; otherwise, the Principal and Surety,
jointly and severally, agree to pay the County of Indian River any difference between the sum
that the County of Indian River may be obliged to pay for the completion of said Work, by
contract or otherwise, and any damages, whether direct, Indirect, or consequential, Including
reasonable attorney's fees (including appellate proceedings), which the County of Indian River
may incur as a result of the failure of the Principal to properly execute all of the provisions of the
Contract.
AND, the said Principal and Surety hereby further bind themselves, their successors, executors,
administrators and assigns, jointly and severally, that they will amply and fully protect the
County of Indian River against, and will pay any and all Wass, damages, expenses, costs and
attorney's fees which may be recovered against or which the County of Indian River may be
called upon to pay to any person or corporation by reason of any damage arising from the
performance of the said work, repair or maintenance thereof, or the manner of doing the same,
or his agents or his servants, or the Infringements of any patent rights by reason of the use of
any material furnished or work done, as aforesaid or otherwise.
AND, the said Surety, for value received, hereby 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 terns of the Contract or to the Work or to the Specifications or Drawings. The
Surety agrees that the liquidated damages provisions of the Contract are expressly covered by
this Bond.
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.
IN WITNESS,HEREOF, the aoove bound parties executed this instrument under their several
seals, this cplO day of f f B20 0 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.
!fill Roll„f;RtMMfRtffRffttffM'M1ffNflMffRlfRMfflltHtllff NttMf fftMMfffM1fflHlfffffllftfftfltltfffi
WHEN THE PRINCIPAL IS A PARTNERSHIP:
Signed, sealed and delivered in the presence of:
Witness Name of Partnership
BY:
Address Partner
Printed Name of Partner
Witness
(SEAL)
Address
044572015
00610 - 2
A TRUE COPY
CERTIFICATION ON LAST PAGE
J .K. BARTON$ CLERK
BK : 2138 PG : 1351
#if Nff»aNHH#Nf#fi##111HNYYNN#NYfff#YikYYHH#iHf#N##Hf I#aH Hf M1»f fY1YN#MNNIMf N#MNN#Y#
THE C P R CORPORATION:
Atte
7aTLC Diversifbd. Inc
cretary Name of Corporation
1 --
(Affix Corporate SEAL)
Thurston Lamberson
Printed Name
President
Official Title
»NHHI»N»»H»»»»af»NI»H#FIINH#!f#f»»wN»N»»N»#1w»»f»»HHffllHaYfHIINHNi»
CERTIFICATE AS TO CORPORATE PRINCIPAL
I Joanne R. Lamberson , certify that 1 am the Secretary of the corporation named as Principal
In the within bond; that Thurston Lamberson , who signed the said bond on behalf of the
Prindpal was then President of said corporation: that I know his signature,-
and His signal the Is genuine; and that said Bond was duly signed, sealed and "a teff
fora d on d corporation by authority of Its governing body.
ec ry (SEAL)
TO BE EXECUTED BY CORPORATE SURETY: . .
Attest:
Westfield Insurance Company.
SecfaAry Cqr to Surety
f 0 f x S� 1
WtsOf+< rd �U, URI Yyzsl
Business A are
(Affix Corporate SEAL)
BY:
TheorodreJ Jedlick
Attorney-In-Fad
JBI Group. Inc.
= Name of Local Agency
JID 14502 N Dale Mabry Hwy # 200. Tampa, FI.
33618
Business Address
044572015
00610 - 3
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.K. BARTON , CLERK
BK : 2138 PG : 1352
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me, a Notary Public, duly commissioned, qual'if'ied and acting, personally appeared
Theodore J Jediick to me well known , who being by me first duty sworn upon oath, says
that he is the attomey-in-fed for theWild Insuran4e Company and that he has been
authorized by Westfield Insurance Company to execute the foregoing bond on behalf of
the CONTRACTOR named ther*n in favor of ffa County of Indian River, Florida. Subscribed
and sworn to before me this /d da of B
KAY L CUNNINGHAM
MY COMMISSION • DD30" fl Nary Public, State of FrdHda
wa EXPIRES: Mara a 2(XS
My Com
" END OF SECTION
044572015
00610 - 4
A TRUE COPY
CERTIFICATION ON LAST PAGE
J .K. BARTON, CLERK
BK : 2138 PG : 1353
POWER NO . 0992202 D4
General
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co .
CERTIFIED COPY Ohio Farmers Insurance Co .
Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations , nereinafter referred to Individually as a 'Company and collectively as 'Companies ,- duty
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, OOIO, do by these
presents make, constitute and appoint
THEODORE J . JEDLICK, ROBERT H. BOND, JOINTLY OR SEVERALLY -
of DAVIE and State of FL Its true and lawful Attorney(s ) dn- Fact, with full power and authority hereby conferred in Its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizance:, undertakings, or other Instruments or contracts of
suretyship- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - • - - - . .
. - - . . - . - . . . - - • - - - - - • - - - -
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
UA PU, OR BANK DEPOSITORY BONDS .
and to bind any of the Companies thereby as fully and to the sante extent as If such bonds were signed by the President, sealed With the corporate
seal of the applicable Company and duty attested by Its Secretary, hereby ratifying and confirming all that the said Attorneys )-in-Fact may do In
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
'Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity d Surety Operations Executive or other Executive shall
be and is hereby vested with Lull power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Atmrney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds , recognizences, contracts, agreements of Indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such
Attorney-In-fact shall be as binding upon the Company as It signed by the President and sealed and attested by the Corporate Secretary.'
"Be if Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or canilcate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeting
Paid on February e, 2000).
in Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by Malt Senior Executive and their corporate seals to be hereto affixed this 20th day or
MAY A. O., 2003 .
Corporate / �,,,...r..„ti .e,,,, , , •Aa• ..•,., ,,,,,,.
seals `VSgfltpcl ;•'Ptt0NAL rp+„ �. SNS ,w WESTFIELD INSURANCE COMPANY
( C .• ' P ? : :hc;': �' 'r 4, WESTFIELD NATIONAL INSURANCE COMPANY
A'fixeoj) v •fit �sYx i O '
3 K r+a7 H s r• MT - LLW'."• •, a ",• �
CO- HL,?IOS�FARMERS INSURANCE COMPANY
Ohio
•� ' �SEAL . nm ; 1
v
0_ti
State of ^' • a7y,
County of Medina ss.: Richard L. Kinnaird, Jr. , Senior Fxecufive
On this 20th day of MAY A.O., 2003 , before me personally came Richard L. Kinnaird, Jr. to me known , who, being by me duly
sworn , did depose and say, that he resides in Medina, Ohio ; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD
NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above
instrument; that he knows the seats of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed
DyNof the Boards of Directors o1 said Companies ; and tFat he signed his name t by like order.
ota
Seal p,1AL '
AfiixN C
William J . Kahalin, A rney at Law, Notary Pub.fic
State Of OhioN v eaO My Commission Does Not Expire ( Sec, 147 .03 Onto Revised Code)
County of Metlina ss.: +' l e
Tf of �
I , Frank A. Carrino , Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby Certiry that the above and foregoing Is a true and correct Dopy of a Power of Attorney, executed by said
Companles, Which Is still In full force and atfec[; and furthermore, the resolutions of the Boards of Directors, set out In the Power of Attorney are
in lull force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seats of said Companies at Westfield Center , Ohio, this , day of
A. D.,
✓:VSU RA/ 44
) . C ?�<\nut : .
[[11r�•�s xx 77 � T s�spa� I
f � la7Tal"11at SEAL n ` i ��'Y , {/�' - - y/( ,(,{f
,Y •. /� . rn m . .r aa. tN ?`/ / `�'�^" ` / 1 4rl. 0 Srcrefary
y ,>„ T f O - c f prank A. Cerrino, SSSecrefaa��YY��
BPOAC2 (combined) (0642) -
A TRUE COPY
CERTIFICATION ON LAST PAGE
J .K. BARTON, CLERK
BK : 2138 PG : 1354
SECTION 00612
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
BY THIS BOND, We • TLC Diversified , Inc,
_2719 170 Street East, Palmetto, FI. 34221
as Principal and "" Westfield Insurance Company
Ona Park Circle, Westfield Center, Ohio 44251
INSERT NAME, PRINCIPAL BUSINESS ADDRESS, AND PHONE NUMBER OF THE CONTRACTOR
INSERT NAME, PRINCIPAL BUSINESS ADDRESS, AND PHONE NUMBER OF THE SURETY
are hell and firmly bound unto the County of Indian River, Florida, in the sum of
One MillignFive Hundred and Four Thousand Save Hundred and Thirty-Three Dollars and
, 00 Cents Dollars ($ 1 .504.733.00 ), amounting to 100% of the total bid price. For the
payment of said sum we bind ourselves, our heirs, executors , administrators and assigns,
jointly and severally, for the faithful performance of a certain written Contract, dated the 020
day of FCB 20D,7 , entered into between the Principal and the County
of Indian River, for:
Project Name: Master Inline Sewer Pump Station Construction
County Project Number. UCP-2628
County Bid Number: 2007025
CDBG Contract #: NIA
Project Location : 1500 9th Street SW (Oslo Roadt
Project Description: Furnish all labor and materials necessary to construct a master
sewer in-line pump station including the fallowing: soil preparation,
site clearing and grading, paving, site landscaping, CBS building
for air-conditioned electrical room and generator, including
concrete foundation and floor, 350 kw generator, fuel storage tank
with pad, modifications to the existing LS #89 wetwell and panels,
aboveground pump station including pumps, piping, valves,
control valves, electrical gear, instrumentation, flow meters,
modifications to existing pump station piping, painting and
architecture[ treatment and accessory items, as depicted in these
documents.
A copy of said Contract including all Contract Documents therein referenced and made a part
thereof 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 as any person supplying the Principal with labor, materials or
supplies, used directly or indirectly by the Principal in the prosecution of the Work
provided for In said Contract, and is further defined in Florida Statutes Section
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00612 - 1 A TRUE COPY
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J . K. BARTON, CLERK .
BK : 2138 PG : 1355
713.01 .
2. The provisions of Florida Statutes Section 255.05 together with all notice and time
Provisions contained in Florida Statutes Section 255.05(2) shall apply to this Bond .
The Surety, for value received, hereby stipulates and agrees that no charge, extension of time,
alteration of or addition to the terns 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, or to the work or to the Specifications.
The Surety represents and warrants to the County of Indian River that it has a Best's Key
Rating Guide, General Policyholder's rating of "A-VII".
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, liquidated damages, and attorney's fees, including appellate
proceedings, that the County of Indian River sustains because of a default by the Principal
under the Contract.
IN WITNESS WHEREOF, the above bound parties executed this instrument under their several
seals, this 0 day of rc > 2001 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.
ftf RHtl1HRYHIHMMHRHYHHIHf}H/RR}Hf1f/Htlff10RRRHIHIMHHRHfIRbYHYHOHHIHHHHHRItH
WHEN THE PRINCIPAL IS A PARTNERSHIP:
Signed, sealed and delivered in the presence of:
Witness Name of Partnership
BY:
Address Partner
Printed Name of Partner
Witness
(SEAL)
Address
f/,f RI/f f tR HHff MIHHH If HHF1R}RHf tYf f tlHf IRMIH RfHf f RRfR1ff tHH MH1 Mf If fRRIHHHHifFMH1RR MHR
044572015
00812 - 2
A TRUE COPY
CERTIFICATION ON LAST PAGE
J . K. BARTON, CLERK
BK : 2138 PG : 1356
HE PR P {. 1 C R ORATION :
Atte .
TLC Diversified. Inc.
ecretary ame of o _ 'on
BY:
(Affix Corporate SEAL)
Thurston Lamberson
Printed Name
President
Official Title
lfMtfMffMlMf MMfMf iffMeVlVIMMtlfnttlf#fkVllHkHVikfVVtNfVlfff4Mf41ftt1ffftlMMNtVHIMMVMf
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00612 - 3
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J . K. BARTON , CLERK
BK : 2138 PG : 1357
CERTIFICATE AS TO CORPORATE PRINCIPAL
I Joanne R. Lamberson , certify that t am the Secretary of the corporation named as Principal
in the within bond; that Thurston Lamberson , who signed the said bond on behalf of the
i was the Presid nt of said corporation : that I know his signature, and his
signat a ther t i mune; and that said Bond was duly signed, sealed and attested .W. and
on alf of p' c /atioonn by authority of its governing body.
S a ary (SEAL): ';
TO BE EXECUTED BY CORPORATE SURETY:
Attest;
Westfield Insurance Company
SeqWtary Corporate Surety
One Park Circle Westfield Center. Oh 44251
Business dr s
(Affix Corporate SEAL)
BY:
f r Attorney-In-Fact
{ 1 SBI Group, lnc
Name of Local Agency
14502 N Dale Mabry Hwv # 200 Tamoa FL 33618
Business Address
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
Theodore J Jedlick , to me well known, who being by me first duly sworn upon oath, says that
he is the attomey-ir}fact for the Westfield Insurance Company and that he has been
authorized by Westfield Insurance Company to execute the foregoing bond on behalf of the
CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscri d and
sworn to before me this 1s2day of F> 6 20�_.
*01 kAY M CUNNINGHAM (!/It, of
Vr MY (xlMM15810N ♦ DD.107/K 1 No/ ry PUt)IIC, State Of nda
NpP Bx%fl BT 14rA 11.3gB
My Co
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00612 - 4 CERTIFICATION ON LAST PAGE
J . K. BARTON , CLERK
BK : 2138 PG : 1358
• ' END OF SECTION • '
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00812 - 5 A TRUE COPY
CERTIFICATION ON LAST PAGE
J . K . BARTON , CLERK
Ell 2138 PG : 1359
POWER NO. 0992202 04
General
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co .
CERTIFIED COPY Ohio Farmers Insurance Co .
Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company and collectively as "Conribe ; duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Onto, do by these
presents make, constitute and appoint
THEODORE J. JEOLICK, ROBERT H. BOND, JOINTLY OR SEVERALLY
of DAVIE and State of FL its true and lawful Attorney(s)-in- Fact, with full power and authority hereby conferred in its name,
place and Stead , to execute, acknowledge and deliver any and all bonds, recognlzances, undertakings, or other Instruments or contracts of
suretyship. . . . . . " . . . . . . . . . . . . . . . " . . . . " . . . . . . " .
. . . . . . . . . . . . - . . . . - . . . - . . -
LIMITATION THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
—UATUN E, OR BANK DEPOSITORY BONDS .
and to bind any or the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed wRh the corporate
seal of the applicable Company and duly attested by Its Secretary , hereby ratifying and confirming all that the said Aftorney(s)-in-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board or Directors or each of the
WESTRELO INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY.
'Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity 8 Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as ARorney(s)-in- Fact to represent and ad for
aro on behalf of the Company subject to the following provisions:
The Attorney-in-Fact. may be given full power and authority for and In the name of and on behalr of the Company, to execute, acknowledge and
deliver , any and all bonds, recognizances , contracts, agreements of Indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such
Attorney-In-Fact shall be as binding upon the Company as If signed by the President and sealed and attested by the Corporate Secretary.'
'8e it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power or attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking W which It Is attachetl" (Each adopted at a meeting
held on February 6, 2000) ,
in Witness Whereat, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their Senior Executive antl their corporate seals to be hereto affixed this 20th day of
MAY A. D., 200 .
Corporate `�......,� . ,
seals oxds��;�bpa� Pt:`�•N`•'L I'Yy:G - ��, UIS r;, WESTFIELD INSURANCE COMPANY
Affixed ., :' .as. o : Cm `y WESTFIELD NATIONAL INSURANCE COMPANY
fir= �s�s �( 7 'cF LL z :(,(tIJ11FRf� II OHIO FARMERS INSURANCE COMPANY
1 m�iy' BL.Hla��� 5 m�. .Sr`' �.• . 'om ? `s o_: 12nior
Sy:,. 848State Of Onio ... ... ••• ,,,.,,. ,, ByCounty of Medina ss . : Richard L. Kinnalyd,
Jr. , Execulive
On this 20th day of MAY A. D., 2003 , before me personally came Richard L. Kinnalyd, Jr. to me known, who, being by me duly
s•:orn, did depose and say, that he resides in Medina, Ohio ; that he Is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD
NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above
Instrument; that he knows the seals of said Companies; that the seals affixed to said Instrument are such corporate seals; that they were so affixed
by order of the Boards of Directors of said Companies: and Nat he signed his nameC/ v CY like order.
Notarial
Seat - .,a'a1AL 3 � •
Arnxe4
2 r
C• 4Ymms William J. Kahelin, A they at Law, Notary Public
state of OnIO NO My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
Codnty of Medina SS .: \M1 y �• .^�I'l ,.
E 050 `•
1, Frank A . Carrino , Secretary or WESTFIELD INSURANCE COMPANY, WESTFIELD NATIDNAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify, that the above and foregoing Is a true and correct copy of a Power of Attorney, executed by said
Companies, which Is still In full force and ell and furthermore, the resolutions at the Boards of Directors , set but In the Power of Attorney are
in lull force and effect.
I. Witness Itnereor, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center , Ohio, this , day of
A. D., ell
r`xtsuxt�� r <inHo.iitif + tMi ., ""1S', srof
-:. s :• •W ......
:•r ,jj)wa.imri, S'�.t."..A..��L bj)
SEAL
. •, z : >iGNA,t..i•FAf i,�• S „K_ n ,
y 1
-
SecretaryZAll
if . rindecrel
•'^- . . . . •..
STATE OF FLORIDA
�, °•.+..'T'n ;.,', :' INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS A
Ell (combined) (06-02) - - . TRUE AND CORRECT COPY OF THE
ORIGINAL ON FILE IN THIS OFFICE.
I-,rci
ycor . BARYON, CLERK
Citi\oo r�M
BY
gy DEP TY.. CLERK
DATE
INDIAN RIVER COUNTY
PURCHASING DIVISION
INTEROFFICE MEMORANDUM
Date: February 26, 2007 FEB $ 7 2W7 ,
To: Marian Fell, Assistant County Attorney COUNTY ATTpgNrY'8
OFFICE
From: Jerry Davis, Purchasing Manager
Subject: Request for Review and Approval as to Form
Please review the attached for approval as to form:
❑ Bid Bonds ❑ Certificate of Insurance ❑ Bid Documents
® Performance & Payment Bond ❑ Maintenance Bond
Reference: IRC Bid #2007029 Name : FM Construction for the West Wastewater
Transmission System, Phase II
Department: Utilities
Account #: 472- 169000-06531
--- --- -- ------ -- ----- - - ---- - --- --- --- --- ---- - ---- -- - ------------- ----- ----- - ------ ----- - ----
Document is acceptable Yes ❑ No (if no, state reasons . . . )
f
Marian Fe ssistant County Attorney ^bate
FANmhMing\Fom NCmnry Aq Memo .dw