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Home My WebLink About2005-346 SECTION 00530 - EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT dated theJ - - - - aY4 the year 2005 by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and underarallnd tltilitrpc 1n (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 400 LF of 6" PVC water main; 250 LF of 4" PVC water main, 1 Fire Hydrant Assembly and 10 water services on 91" Place and 21 't Avenue in Vero Beach, 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. PVC pipe shall be C-900 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 Szr•000.00; all of the necessary labor, material , and equipment to perform the work described above in accordance with the Contract Documents, ARTICLE 29 ENGINEER The project has been designed by Gordon E. Sparks, P. E. , Indian River County Utilities Department, 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 15 calendar days from effective date of Notice to Proceed , Contractor shall complete the following tasks : 1 . Obtain all necessary permits. 00530- 1 FAUtilitiesUUTILI Y - ENG,INEERINGXPmJeCts - Assessment Prooc s'BLOCK VILLA WATER PETITION WATER SERVICEIBID nrbf%l I&A3= MT'M A 4%A F lnrwt _ Pmn.czPn t wr &A=dnn R.1I angi Gnrmmen► I.vl,.,m„ IYu.,ar 4nri f .. #Pve4ow Anti 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 1.E calendar days to 0 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 pre-construction condition . 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i. e . , Subparagraphs a and b) constitutes Substantial Completion . (b) From 1a1 calendar days to Z5 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 Closeout 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. In addition, CONTRACTOR shall pay OWNER fourwhundred and fifty dollars ($450 . 00) for each day that expires after the time specified in Paragraph 3. 9 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 1n the amount of $27J o ao 00530 w2 F.Whrltie5kUTILMY - ENGINEERINGVI'n cls - Assessment ProlectsVaLOCK VILLA WATER PETITION WATER SERVICEeID 11AN 1\AGAITCIAAA'."AA C 1/ M pG1ACL'rA I., � Awwww o � � Act A .�..,....n..A Mhr.rw. I1.�I 1AII p.v./r.,^IN /IM ARTICLE 3. 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. The Contractor acknowledges that the Florida Prompt Payment Act, Florida Statutes Section 218 .70 et.seq . (2004) attached and as referenced as 8. 11 of Article B. will govern all payments . 5 . 1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by ENGINEER, on or about the 30th day of each month during construction as provided below. The OWNER shall retain ten (10) percent of the payment amounts due to the CONTRACTOR until final completion and acceptance of all Work to be performed by the CONTRACTOR under the Contract Documents. Each request for a partial payment shall be submitted on an Application for Payment Form, which shall be accompanied by an executed Copy of the Certification of Contractor. The OWNER WILL provide the forms. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Paragraph 2. 9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) , or, in the event there is no schedule of values, as provided in the General Requirements , 5. 1 . 1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Paragraph 14.7 of the General Conditions. 50% of materials and equipment not incorporated in the work (but delivered , suitably stored and accompanied by documentation satisfactory to OWNER as provided in Paragraph 14.2 of the General Conditions), 5.2 Final payment. Upon final completion and acceptance of the work in accordance With Paragraph 14. 13 of the General Conditions , OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14. 13, 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 00530-3 F.WbltiesWILI Y - ENGINEERINGAProleets - Assessment Pro}eMSLOCK VILLA WATER PETITION WATER SERVICWID r w*V%t 1►A6AITQlMf'9n C lr%r%f• _ DGZ/ICCII lna. ►hrirv. O. 1 t nR\ A �nn, ,.n,..r n ll%.rnnr nnrf r��# . rdnr 04r 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 dated 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) . 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 "IRCDLIS Wa rand lease star i Itility Std 00530-4 F-Wfilit"WTILITY - ENGINEERINGNPrciem - Assessment ProjectMBLocK VIU A WATER PETITION WATER SERVICEIBID nnf J 1MFMTWM1n F.lf`.fl(m RF1/IRFn fear uArvkn R.44.AA1 Afw^pe cont hwmpsa , niunor land riintmr.Vw rinr. Sentemher 2004 or lat st version " . 8 . 7 Drawings, inclusive with each sheet bearing the following general title "Block Villa Subdivision Water Acgoi; m nt Pjej0 8 .8 Addenda numbersAIL to N/A inclusive. 8 . 9 Indian River County Water and Wastewater Utility Ordinances , 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 Paragraphs 3.4 and 3. 5 of the General Conditions, 8. 91 Florida Prompt Payment Act, FS Section 218.70 et seq . (2004). 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. 9. 5 CONTRACTOR agrees to indemnify and hold harmless the COUNTY, together with its agents, employees, elected officers and representatives , from liabilities, damages, losses, and costs , including but not limited to, reasonable attorneys fees , to the extent caused by the negligence, mcldessness 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. 00530-5 F:WGIItkwALITILITY - ENGINEERING1Projecis - Assessment PrOJeatABLOCK VILLA WATER PETITION WATER SERVICSSID nrv%l i►Aekrrcinnaan c irrrw% _ onnoen �ws. � Aa.:n.. A � � nom, n ..r..n...a..a �...�... .... /\urn. ...,, hw►.+wa .. t..., 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. This Agreement will be effective on t / , 2005. OWNER CONTRACTOR Indian River C'niinty _Am Board of County Commisslanprs, BY f BY Thomas S. Lowther, Chairman Geor a E, French , President Date Approved by RCC 10 - 11 - 05 (CORPORATE SEAL) Atte -1 ,Ia� Attest: c c "iv K' •Barton , Clerk of the Circuit Court DdpUty Clerk myedw 4, ff *Jeph A. Baird , County Administrator A pr W as to orm and Legal SAmency: rnt Attom dress for giving notices Address for giving notices 40 5th Stmt 19 Str _ _ L SE '— f Bch. da 32960 _ Vero teach 171 3 46 License No . C 1 151660 Agent for service of process: (if CONTRACTOR is a corporation , attach evidence of authority to sign) * END OF SECTION ** 00530-6 F:VJ1J1 iesUMLrrY - ENGINEERINGWrojects - Assessment ProjecblBLOCK VILLA WATER PETITION WATER 3ERVICE161n rXIM 11LAFNTS1rY1: n P. inn(; _ Pr!V1.CKiI fnv Morin JL1111R1 Arvropm of hohupn r wnwr arv1 r' frpN. rw trop 1 I INDIAN RIVER COUNTY PURCHASING DIVISION INTEROFFICE MEMORANDUM Date : ovember 15 , 2005 To : Beth Jordan , Risk Manager 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 ❑ Payment Bond ❑ Performance Bond Reference : IRC BID #7079 Name : Block Villa Water Assessment Department : Utilities Contract amount : $27 ,000 . 00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Document is acceptable Yes ❑ No (if no , state reasons . . . ) /492 B0 Jordan , Risk Manager Date FAPurchasingTormsUnsurance Memo to Risk.doc A ORv. 3 CERTIFICATE OF LIABILITY INSURANCE OP ID DATEPWJDD/YYYY) UNDER- 11 /04 / 05 OD �� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Pritchards & Associates , Inc . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1802 S Parrott Ave ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Okeechobee LPL 34974 - 6179 Phone : 863 - 763 - 7711 Fax : 863 - 763 -5629 INSURERS AFFORDING COVERAGE NAIC # NSURED INSURER Progressive Express 10193 INSURER B Underground Utilities Inc . INSURER C. 390 21st Street SE INSURER D: Vero Beach FL 32962 - 7322 INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE 13EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RE(YAREhENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 13E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE DATE (MMIDDIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES (Ea N ItU nce) $ CLAIMS MADE F OCCUR MED EXP (Arty one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPEOP AGG $ POLICY ,PCT IERLOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 500000 A X ANY AUTO 08199875 - 0 08 / 12 / 05 08 /12 /06 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) HIRED ALTOS NON-OWNED AUTOS BODILY INJURY(Per (Per eccidert) PROPERTY DAMAGE $ (Per accident) GARAGELIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGO $ EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE $ OCCURF CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITSI 10TH ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNEREE ECUTIVE E.L . EACH ACCIDENT $ OFFICERMEN13ER EXCLUDED? If yes. describe ender E . DISEASE - EA EMPLOYEE $ SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS Holder is listed as additional insured because they hold a contract with the insured . CERTIFICATE HOLDER CANCELLATION INDIA- 3 SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUNG INSURER WILL ENDEAVOR TO MAL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER MED TO THE LEFT, BUT FAILURE TO DO SO SHALL Indian River Co , Bldg Dept , IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INS 1840 25th Street URER. ITS AGENTS oR Vero Beach rL 32960 REPRESENTATIVES. RES ACORD 25 (20(n108) 0 ACORD CORPORATION 1988 , , � ' � 1 : � 1 I 1 • r • 1 1 Sibley a Harvey ?"71,47T,7711 try," IF I Suits I , _ • 11 1 ' 1 • anftve , r • I .� • 1 • 1 1 • 00 • t Xmitland L 32751 1 ' 1 • r • f • I • _ - 1 . • _ • • as 4 1 • r Vero Beach FL 32992 • - W 4L -. • r - • • • I - • • �• • _ 11 94112 w k4 q / 1 1 n 1 • • • P • 17 - ] I • � 1 1 1 ■ - . . . , 1 1 1 1 1 1: 32000000 • ■ ■ • • hr r • • . a I< 12 . - Id . 1 • . 1 2003331925 �• • a _ 1 1 1 1 1 of mxmx VE 1 1 / / 1 1 • r . � - r • 1 V I J 1 I Lpr • I _ 1 • • I • 1 IMORE 1 p • I I - • I KWUR WLL J MAVOR TO MNL 30 * I NOM TO THE CEATridc4imp *T! dr," *I Xudian River County Board of 1 1 25th street Ver • BOAch FL 32950 ' • M • 1 / 111 l , IMPORTANT If the certificate holder is an ADDITIONAL. INSURED, the pollcy(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) 1703516 RECORDED IN THE RECORDS OF JEFFREY K BARTON / CLERK CIRCUIT COURT INDIAN RIVER CO FL , BK : 1959 PG : 1880 , 11 / 15 / 2005 10 : 11 AM Bond NO . OCN558287 SECTION o0610 - Performance Bond KNOW ALL MEN BY THESE PRESENTS : BY THiS BOND, we Under KOMI Utilities , Inc . Principal, and Oid r A ,hi ; c- c. ,.Y _ . env , as a corporation , as Surety, are held and firmly bound unto the County of Indian River, Florida, in the sum ofT � �1 � Fifty xyl ($ 33 , 75D 00 ), amounting to 92596 of the t b d nrl For e Dollars we bind ourselves, our heirs, executors , administrators and assigns, Payment of said sum the faithful performance of a certain written Contract, dated the da Jointly and severally' for 20., entered into between the Principal and the County of Indian River,fort Project Name:- $ I ..Villa Water Assessment Protect County. Project Number. Project Address: 9 Placa and � " o ,� -at of ZO" Ayanuw PFoject Description: r<esbenttal W wr n�.,�_ A COPY of said Contract is Incorporated herein by reference and is made apart hereof as if fully copied herein . NOW , THEREFORE , THE CONDITIONS OF THIS OBLIGATION ARE SUCH , that If the Principal shall in all respects comply with the berms and conditions of said Contract and Its obligations thereunder, including all of the COntraCt Documents therein refien to and made a part thereof, and such alterations as may be mads in the Contract Drees and Specifications as therein provided for, 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 who supply him with labor and/or materials used directly or indirectly by the Principal in the prosecution of the Work provided for 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 betwom 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 Ias a result of the failure of the Principal to properly execute all of the provislons of the Contrncur ail, AND , the said Principal and Surety hereby further bind themselves, their succes adminsors, executors, and assigns, jointly and severalty, that they Mil amply and fully prated the County of Indian River against, and will Pay any and a8 amounts, damages , costs and judgments 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. 41 AND , the said Surety, for value received, hereby extension of time , alteration or addition to the terms bopf stipulates and agrees that n on be �4 performed thereunder, or the Specifications or Drawin accompanyingwork way affect its obligations on this Bond , and it does he Drawings waive notice of any same,ushall yange , o extension of time , alteration or addition to the terms of the Contract or to the Work or to the Specifications or Drawings. 2 00010 - 00010 Pertorrnance gonAFWtOWSAMLIT ' • fivGWEFJtINGWgK,s • AgMMnMl �Ol�cblEIOCK HUA WATER PETITION WATER SERVICE/0 OOCU4EWSlO X70 - /�fxnanw �ona4e0 Z ,h' `C- Rev O6Ql VJJ ` i Zd 6z29 - 6fi2 - ZGL youa .Jj a2joao 0182 = Z [ SO EO noN I EK : 1959 PG : 1881 AND, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and affect 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 Rhrer, IN WITNESS WHEREOF, the above bound parties executed tNs Instrument under their several seals, this 20 day of October , 2005 , 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, .rMw►�ewrru��rrs►�+r�NswMa�ti�+r�r•�wMr��++�wrw��►�v�yr.ns.��*.wre•wtrwwwn►na�,e*�vr�w�r�w,��,,,�* WHEN THE PRINCIPAL IS AN MI)MO rer . Signed, sealed and delivered In the presence of: OWN Witness Signature of Individual Address Printed Name of Individual Witness Address WNf,N THE PRINCIPAL ISA OLE PROPRIETORSHIP OR OPF_R/►TES UNDER A TRADE NAME . Signed, sealed and delivered in the presence of: Witness Name of Partnership BY: Address Printed Name of Partner Witness (SEAL) Address A TRUE COPY CERTIFICATION ON LAST PAGE J .K. BARTON , CLERK 00610 . PeAoumaow Bond oos�o - z E ' d 6ZZ9 - 66Z - dL. l youa � � a9 � oag QLa : 60 g0 ZO AOW BK : 1959 PG : 1882 #* *f#*►t**►#*****t**t►f*****►►**# t****** ►t►# *#*►*►* *t **********fRt*}fR#*fff#t►}*}#►►t►*###►****f*#** ****#*tf 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 **►►►►*►R►►R**R**ttt►►tt►*►*****tt*#*}*t*}fR****f#}ft*###f*## *####***#*►*f*►*►}#***►*►t*#*}#***►*##► *f►►*t#f WHEN THE PRINCIPAL IS A CORPORATION : Attest: VilName of Corporation 4; 69U BY: _: 46 '` SEAL) • ;t �y �5oe .C-. ; rPrinted Name Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL certify that I am the Secretary of the corporation named as Principal in the within bond ; that ec- � �r< , who signed the said bond on -- behalf of the Principal was then ,_<, M (dF,V T- of said corporation: thai) know his signature , and his signature thereto is genuine ; and that said Bond was duly signed :se'W and attested for and on behalf of Said corporation by authority of Its governing bobjr^ .�•GJ Secretary (SEAL) >Ae TO BE EXECUTED BY CORPORATE SURETY: Attest: Secretary Corporate Surety 00610 - Performance Bond 00610 - 3 PUMille*WTILITY - ENGINEERINGTroOds - UIIWy CoradrmU n Pemlt %IRC - Countywide Waler Meier-Box-Lld ReOuement Bid UCP 026WZID DOCUMENTSMI - Per+omiance Bwd.doc Rev. OMI A TRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTON , CLERK BK : 1959 PG : 1883 o{IA P - 0 . Box 4668 winter Park , - FL 32793 . 4668 Business Address 1 Q' T,y f w . . R ' �iOrpOf�ti! SEAL) . ,� (D r r BY: G s E . Diciareyer �L Attorney-ln +act The Dickmeyer Agency t1s� t POrrit U 7 lWie Crescent Stuart , FL 34994 _ Business Address STATE OF FLORIDA COUNTY OF INDIAN RIVER 130f0re me, a Notary Public, duly oommlasioned, Qualified and acing, personally appeared Jama,q P . pirjQmvpr , to me vmll known, who being by me first duly sworn upon oath , says that he Is the attorney-in-fact for the Md � >bl is `a$etY and that he has been authorized byOld c Bim' - to execute the foregoing bond on tehatf of the CONTRACTOR named therein in favor of the Cou Indian River Florida Subscribed and swum to before me tt�W5 day of 20 O Notary Public, State of Florida MY Commission Expires: KMY D. DAwoclE " END OF SECTION • • m 3S10N R DD 152W S: November 18, 2008 u "MY kuw� A TRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTON , CLERK (M12 . 4 00512 - Payment Bond r ' d 6ZZ9 - 66z - ZGL youauj 09joaq QSE * 60 SO 20 ^ oil BK : 1959 PG : 1884 Bxd III OCN558287 SECTION 00812 - Payment Bond KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND , we Underciround utilities , Inc , a corporation , as Surety, are held and flrrnly bound unto the County of Indian River, ias n - 05'1 i the sum of ctrl 05'1 100% of the total bid price. For the — Dolars (S 27.m we bind ourselamounting to executors, administrators and assigns, jointly and severely, Ply for the faithful Performance our hers, y certain written Contract, dated the day of Performance of a into between the Principal and the County of Indian River, for: 20 entered Project Name: W ter Assessment Project County Project Number: U Project. Addnttss: . : Pia '� : R.. Project Description: Residential Water digtrt� rtN., 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 herein below defined, then this obligation shall be void , otherwise, this Bond shall remain in full force and the effect, subject to following terms and conditions : 1 . A claimant is defined as any person supplying the Principal with labor, material or supples, used directly or indirectly by the Principal or any subcontractor in the prosecution of the Work provided for in said Contract, and is further defined In Section 713.01 of the Florida Statutes, 2. The provisions of Section 255. 05 Florida Statute together with all notice and time provisions contained herein shall apply. The above named Principal and Surety hereby jointly and ssverally agree with the County of Indian River that every claimant as herein defined , who has not been paid in full before the expiration of a period of ninety (90) days after performance of the labor or after complete delivery of materials and supplies by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final . judgment for such sums or sums as may be justly due claimant, and have execution thereon . The County of Indian River shall not be gable for the payment of any costs or expenses of any such suit. 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 C? or to the Specifications applicable thereto, shall in any way affect Its obligations on this Bond, `z 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 worts or to the Specifications. co The Surety represents and warrants to the County Rating Guide, General policyholder's rating of "A-V . of Indian River that it has a Bests Key p 4� The Principal and SureQ V full force and effect fora Jor�Y and severely covenant and agree that this Bond will remain in VO Q Z" period of one year commencing on the date of Substantial Completion V �O Q � Q 00012 • , 008, 2 - Payment Bond Q O0"IV F:1UhnNRW7yTY . ENOiNEEjiM(OV'qeh , ANMOrtrm RopttfldlOCK 1KLA WATTOt Prm'pN WAy" =RVCe4NO000 WAr6%Mg2 • potw4M land.doc Wv. � , d 6zz9 - 662 - ZGL yauaJj 09joaD dgZ : 21 SO EO ACW I I BK : 1959 PG : 1885 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 alttDmeys 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 20 day of October 2005, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undemigned representative , pursuant to authority of its governing body. MNfMMii..MMiM..MM.MNM. rH}fM�ffM WHEN THE PRINCIPAL IS AN INDIVIDUAL: Signed , sealed and delivered in the presence of: Witness Signature of IndhMuai Address Printed Name of lndividual Witness Address ...«........y+.. WHEN THE PRINCIPAL IS A SOLE MPRffMgSHIP OR OPERATES UMM A TRADE NAME: Signed, ME- Signed, sealed and delivered in the presence of: Wks Name of Partnership BY: Address Printed Name of Partner Witness (SEAL) A TRUE COPY Address CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK 00612 - 2 00812 - ParroM ea,o Cad 6ZZ9 - 66Z - ZGG yaua � � a9 � oa0 w9c : 60 so 20 ^ oN BK : 1959 PG : 1886 +}}*++++++}}}++}#}}*+}#w+}►}}}}►}}++}►:,r*#x*w#►*********►+}►}w}}#*}**#w*w#ww*ww#F►**►wFFwwrrrw►w}wrrr}#*rF#► WHEN THE PRINCIPAL IS A PARTNER:HIP: Signed , sealed and delivered in the presence of: Witness Name of Partnership BY: Address Partner Printed Name of Partner Witness (SEAL) Address *wFFwk*FF►*wwRRFwRFFRFA#F*F#AFFMw#***#w#F#* #**r***#w#***#r}*#F}*#}###r#N###}}#}}##}##}F###►}#*►►r****}*}*} WHEN THE PRINCIPAL IS A CORPORATION : Attest: t,' • i NaaKe of Corporation rii „t 9 " r f gyp( r IfSEAL) lit 61 I I Printed Name Official Title _ CERTIFICATE AS TO CORPORATE PRINCIPAL certify that I am the Secretary of the corporation named as Principal in the within bond ; that �rfe rcf- ,F _.►�� ,y , who signed the said bond on behalf of the Principal was then �1L_5,�.� r of said corporation : that I hnyW;- his signature, and his signature thereto is genuine ; and that said Bond was duly signed;r a'akd• : � , and attested for and on behalf of Said corporation by authority of Its governing bsaf�y; Secretary (SEAL) ` � "' �'• TO BE EXECUTED BY CORPORATE SURETY: A TRUE COPY Attest: CERTIFICATION ON LAST PAGE J . K. BARTON, CLERK Secretary Corporate Surety 00612 - 3 00812 - Payment Bond f:i116115eatUTILITY - ENGINEERING1Pr'oJ - An"artrnt PfD)8 %BLOCK VILLA WATER PETITION WATER BERV10E181O DOCLIMENT$100612 - Peymmt Bmd.dot Rev. 05/07 BK : 1959 PG : 1887 — (Affix Corporate SEAL) Business Address BY: Attorney4n-Fact Name of Local Agency Business Address STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me , a Notary Public, duly commissioned , qualified and acting , personally appeared , to me well known , who being by me first duly sworn upon oath , says that he is the attomey-in-fact for the and that he has been _ authorized by to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and swom to before me this day of t 20 Notary Public, State of Florida My Commission Expires: * * END OF SECTION A TRUE COPY _ CERTIFICATION ON LAST PAGE J . K. BARTON, CLERK -6tlp1UTIU00612 4 00612 - Payment Bond 0MI TY - ENGMEERING1Pmj&ft - Aaaamenl ProkaNBLOCK VILLA WATER PETfTKN1 WATER SERVICE00 OOCUMENTSW"12 - Payment Bond.doc Rev. 06101 BK : 1959 PG : 1888 e. : t 1111111WO ff, ; i4; SI� �� ; P . O . Box 4668 4 ` Winter Park , FL 32793 - 4668 I1.• ^ • / "a ' `! I • . ^ r lR � * Business dress f G _ , . , F > Gacponde SEAL) u� ' J ( � f t BY: F k aures E . Dickmeyer Attorney-In-Fact ^ The Dickmeyer Agency Namtqf Lel AT ie Crescent Stuart , FL 34994 Business Address STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personalty appeared Jarms F . Didgmyer , to me well known, who being by ma first duly swan upon beth, says that he Is the etwMay4lotact for ft Olda C ; j:bLy � and authorized by - Old Feaja c- ;mayM000000l tc to exm the on behieff he has been CONTRACTOR named thin in favor of the County of Indian Rlver, FbrWjLSuubsaibed� svtcom to before me this •o1'5L'r_ day of /\ ^ . 20 l75 . 1 Notary Public, State of Florida My Commission Expires: ' • END OF SECTION + PAMW D. DAVIDW } MY COMMISSION r DO 152934 EXPIRES: bv 6w 18, 2008 ., • � Puw uneuwd,n A TRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTON , CLERK csns+2 - a 00612 To Payment Sart i • d 6ZZ9 - 66Z - zLG yaua � � a9aoa �7 Q9E = 60 SD 20 IoW PERFORMANCE AND PAYMENT BOND In C ( PUBLIC WORK) urnpilance with F!3 Chapter 255.05(l�c xa) Bond No. : OCN558287 Contractor Name: Underground Utilities, Inc. Address: 390 21 at Street, S. E . Vero Beach, FL 32962 Phone No . 772-299-7113 Surety Company: Old Republic OSurety Company Address: P. . Box 4688 Winter Park, FL 327934668 Phone No . : 407,m677-0080 Surety Agent: The Dickmeyer Agency Owner Name: Indian River County Board of County Commissioners Address: 1840 25th Street Vero Beach , FL 32960 Bond Amount: $33, 750. 00 Description of Work: Indian River County Bid # 7079 Block Villa Subdivision Water Assessment Project Address: Biotic Villa Subdivision, Vero Beach, FL ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATIONS PROVISIONS IN SECTION 255. 03(2). FLORIDA STATUTES FRONT PAGE All Other bond pages) are deemed Subsequent to this page regardless of any page numbers) that may be Pre-printed thereon y A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK i BK : 1959 PG : 1890 * * Old Republic Surety Company * OLD REPLBLIC 1025 South Semoran Blvd . , Suite 1085 , Winter Park , FL 32792 * * ( 800 )-277-2663 ) DATE : 10/ 13/ 05 011.,t Re , ; . bloc Insurance Company ( Old Republic ) as agent for Old Republic Surety Company , Bituminous Casualty Corporation , and International Business & Mercantile REassurance Co . TO BE ATTACHED TO AND FORM PART OF CONTRACT BOND NUMBER : OCN558287 PRINCIPAL Underground Utilities , Inc . ORUGFF Indian River .oun� y Board of county commissioners RIDER - POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Rider has been provided to Principal and Obligee . Corerag : for acts of terroris r s included in the cautioned bond . You snould know that, effective Novemb• r 1' 6 . 2002 . under that bond , any losses caused by certified acts of . terrorism would be partially reimbursed by the Jr11ed States under a formula established by federal law Under this formula , the United States pays 901/- ` , Fred terrorism losses exceeding the statutorily established deductible paid by Old Republic . The estabt & lied 3r - ual deductibie is eaual to 7 ^/, of the prior years direct earned premium written by Old Republic for losses n : r ed n : ? OC :, t0 "/ kr log: , e > ncurred � n 2004 , and 151X for losses incurred in 2005 . Payment for a loss will not r :: eed the Emit of liability under this bond . This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond . %, s Definer; ! n Sectior ? 02 ( 1 ) of the Terrorism Risk Insurance Act of 2002 , a certified " act of terrorism " mean s any a . t that ic cert , fied ov the Secretary of the Treasury in concurrence with the Secretary of State and the Atte ,ney ener�, , ` ! rip linite ;i ^ t ; , fes In be an act of terrr) nsm To be certified , the act of terrorism must be . 1 ) a violent 3c � or ae. ac ' I .lat is ri .3ngeroi : s tc human life , property or infrastructure , 2 ) have resulted in damage within the Jr. ted Slatrs r: : rias de the IJnited,States in the case of an air carrier or vessel , or the premises of a United Mates 7i ssion . end 31 have ., een committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion . You have a right to purchase insurance coverage for losses arising from terrorism, or you may choose to refect the purchase SELECTION OR REJECTION OF TERRORISM INSURANCE COVERAGE The premum you have been charged for this bond includes terrorism coverage , for a premium of $ T , 00 ,which you must pay within 30 days of this offer . THE PREMIUM CHARGED FOR THIS COVERAGE DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNOEr2 THE ACT . Note : If you reject the coverage , you must check the box below, sign this form and return it to the address shown above . The premium will be credited . 1 hereby elect to have the exclusion of terrorism coverage apply to this bond . I understand that I will have no coverage for losses arising from acts of terrorism The undersigned agrees that this election will apply only to this bond . James E . Lee Bond bligee ' s Signature Vice President - Ofd Republic Insurance Company Lam^ .C, Regeol � — � .. President - Old Republic Surety Company Print Name Vice President - Bituminous Casualty Corporation Vice President - International Business & Mercantile _ 1d /3 ' a � REassurance Co . Date ORSC 22836 ( 1 /2003 ) Attach to all contract bonds as a cover page . A TRUE COPY CERTIFICATION ON LAST PAGE J. K. BARTON, CLERK BK : 1959 PG : 1891 81 ATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE- (BI** * ** ORIGINAL ON FILE IN THIS OFFICE. pcd pt. �i JSluureelyr"C invany �.�•cau�ry .K. BARTON* CLERK ilyt* *V* *LL* POWER OF ATTORNEY �.� KNOW ALL MEN BY THESE'PRESENTS : That OLD REPU EWS Isconsrn s ock insurance corporation , does make, constitute and appoint: JAMES £ . DICKMEYER , OF STUART , FL its true and lawful Attorney(s) -in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, ieCogn¢arlCes or other written obligations:vr the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, seff-irisurance workers cornpensabon bonds guaranteeing payment of benefits, asbestos abatemerd contract bonds, waste management bonds, hazardous waste remediation bonds or black IN bonds), as follows : ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF TWO MILLION DOLLARS ( $ 2 , 000 , 000 ) - - - - - - - FOR ANY SINGLE OBLIGATION; REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION . and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed. This document is . not valid unless printed on : colored background and is multi-colored. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18 , 1982. RESOLVED that, the president, any vice-president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recog- nizances, and suretyship obligations of all kinds ; and said officers may remove any such attorney- in -fact or agent and revoke any Power of Attorney previously granted to such person . RESOLVED FURTHER that any bond, undertaking, reeogribmce, or suretyship obligation shall bevalid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed ( if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the preskdent, any vice president or assistant vice president, secretary or assistant secretary, and count be required) by a duly authorized attomey-in-fact or agent or countersigned and sealed (if a seal . (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED RJTT iER that the signature of any authoimad officer and the seal of the company may be affixed by facsimile to any Pager of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the comloany, and such signature and seal when so used shall have the same force and effect as though manuaiy affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 11TH day of MARCH 2004 OLD REPUBLIC SURETY COMPANY +�3 $ s>cu Assistant Secr �w ~ President STATE OF WISCONSIN , COUNTY OF WAUKESHA - SS On this 11TH day ofMARCH 2004 personally came before me , JAMES E. LEE and DAVID G . MENZEL to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn , did severally depose and say; that they are said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation , and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. �fINO=AMY •� � � Notary Public 02 / 13 / 2005 My commission expires: CERTIFICATE I , ther3�ytge 'a�s tary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation , CERTIFY that the foregoingt ' y remains In full force and has not been revoked; and furthermore, that the Resolutions of the board of directdrs -00 fort i b #}49 rfitey, are now in force. and sealed at the City of Brookfield, WI this day of 0C XobeiioZ ooS' DICKMEY�; )2 Assistant OPSC 22262 (1 /971 " . 1703516 RECORDED IN THE RECORDS OF JEFFREY K BARTON / CLERK CIRCUIT COURT INDIAN RIVER CO FL , BK : 1959 PG : 1880 , 11 / 15 / 2005 10 : 11 AM Bond No . OCN558287 , SECTION 00610 - Performance Bond KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we U xlerpr0=1 Utilities Inc Principal, and Ot d Re , as a corporation , as surety, are held and firmly bound unto the County of Indian River, Florida, in the sum of 4IYtt�e1 Hrr ,xyi ($ 33 , 750900 ), amounting to 12596 of the to al bid 01ce. F- Dollars ri we bind ourselves, our heirs, executors , administrators and asst o payment of said sum the faithful performance of a certain written Contract, datedassigns, and severally' for , 20 entered into between the PrincipalCounty day of and the Coup of Indian River, for. Project Name:- )�� Villa Water Asse�ent Protect County. Project Number = Project Address: a Project Description : ntlal Water copied of said herein . is Incorporated herein by reference and is made a part hereof as if fully NOW , THEREFORE , THE CONDITIONS OF THIS OBLIGATION ARE SUCH , that If the Principal shall in all respects comply with the terms and conditions of said Contract and Its obligations thereunder, including all of the Contrect Documents therein referred to and made a part thereof, and such alterations as may be made in the Contract Drawings and Specifications as therein provided for, and shall indemnify and save harmless the County of Indian River as set forth in the Contract and in the performance of the worts under the Contract, and further, if the Principal shall promptly make payments to all who supply used directly or indirectly by the Principal in the him with tabor and/or materials Contract, then this OlAgation shall be null and void prosecution the the Work � providedSurety,"� said ntly and severally, agree to pay the County of Indian River any difference between the sur that to County of Indian River may be obliged to pay for the completion of sold Work, by oontract or otherwise, and any damagess whether direct, Indirect, or consequential , including reasonable attomey'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 amounts, damages, costs and judgments 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 stipulates and extension of time, alteration or addition to the terms of the Contract agrees tth� nye tion be ~4 performed thereunder, or the Sprrscifications or Drawingsaccompanying way affect its obligations on this Bond, and it does hereby waiinei �y sushall 1�ange , O extension of time , alteration or addition to the terms of the Contract or to the Work or to the Specifications or Drawings . _ Q' 00810 . 1 00610 - Perkxm0nce Bored O � F' V 0&94771LRV . Ci,GWEF1tIN6Wq0ds . AgM/mM� P'oN�b4lOCK V1UA WATER PETITION WATER SMACfi4/O DOCUMENTftWo . PMan�. Sm"400 � �14e Rev oiAt i Zd 62Z9 - 662 - 2GL y � uauj a9 � oa � dea = 21 90 60 now BK : 1959 PG : 1881 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 daie of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River, IN WITNESS WHEREOF, the above bound parties executed this Ins><wrient under their several seals, this 2_0 day of October , 20 05 , the name and corporate sees of each corporate party being hereto afted and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. ' ww+:ru►r»wrwtis+wsrrfriwrarrrrw+rrawwwwwwww++rwrwrwwwrwr.rw+rrweewtie+weer+wwitwwawnrww*wwrwwwwwwwrw.wrw ,rrww* . WHEN THE PRINCIPAL IS AN INDMDUAL : Signed, sealed and delivered in the presence of: Witness Signature of individual Addrew Printed Name of Individual Witness Addrm WH9N THE P-RMIPAL ISA OLE PROPRIETO NAMERSHIP OR OPE86TE3 u RER A TRADE Signed, sealed and delivered in the presence of: Witness Name of Partnership BY: Address Printed Name of Partner Witness (SEAL) Address A TRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTON , CLERK oo(mo - z ooet o _ Pte« Bond 6 ' d 6ZZ9 - 66Z - c [I . L youa � � a9 � oa0 W42 : 60 90 ao ^ oN I BK : 1959 PG : 1882 f+*#f*f**###f##f+***#####wfr#f*rrw#w*#*#f ##f*#*f*## r##**#*+#*tRk+kk++kkk++++f+R+f#fw#r#++Rf#4#w+*rrwfffwA#ff 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 +rf#rww#wwwwwwwwwfwwwrwww#wwf#w##w#f#w###r#fRR:R# #Rr++f++fR##r+++##f#frwf##ffr#ffw#w+w+###++f#ww#f#+ ++fff#f# WHEN THE PRINCIPAL IS A CORPORATION : Attest: ay /3 [�1ZS r�c7 r' Name of Corporation LIP ' = , ; y. SEAL) fir` � y L��dr ,l= Printed Name -7 !5 z .7atr*.rLT Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL I � a,ti �.v .r�.v �►.� , certify that I am the Secretary of the corporation named as Principal in the within bond ; that / �� Fid , t- �� , who signed the said bond on -- behalf of the Principal was then / ,_�, ,� r of said corporatiod. that) know his signature , and his signature thereto is genuine ; and that said Bond was duly 5��gned : seal (i and attested for and on behalf of Said corporation by authority of Its governing tio�y^ •� ✓ °' 4 Secretary (SEAL) +� 4t R o' TO BE EXECUTED BY CORPORATE SURETY: Attest: 0 •!LZ7 / C'en1P.4.t1Y Secretary Corporate Surety 00610 - Performance Bond 00610 - 3 FAUNtleaWTILITY - ENGINEERIN(WrojecM - Utltlty Conetr=Uon Peffn"VRC - C0UMy*We Waler Meter-Box-Ud Rplacement Bid UCP 0265MID OOCUMENT51W810 - Performence Bond.doc Rev. 05101 A TRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTON , CLERK BK : 1959 PG : 1883 ' P . O . Box 4668 Winter Park , - FL 32793 . 4668 " t0 i' t7 : , > ¢r ' ' Business Address 1 iC*rporfift SEAL) \C I ,�, w . Y Y o BY: „ s E . DiGaneyerco Attorney-In-Fad Met ' The Dickmeyer Agency 11'tAq;, . Na Mto 4= . Wie Crescent Stuart , FL 34994 _ Business Address STATE OF FLORIDA COUNTY OF INDIAN RIVER Rafore me, a Notary Public, duly oommissioned. qualified and acting, pamonally appeared Jams E . Di c3miayer to me well known , who beim by me first duly sworn upon oath , says that he Is the attomey4n-fact for the Md Flwub7ic 21121X and that he has been authorised by Oldtic — -y to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor W the Go Indian River, Fbrida . Subscribed and sworn to before me tFis 's � day of 2n p Notary Public. State of Florida My Commission Expires: PAMELID. • • END OF SECTION ` • My OOMA lot4 R DD 1521134 EXPIRESNoventDer 180 20 : ' tWqP0kLMdWXW A TRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTON , CLERK (W12 - 4 00612 - Payment Sora led 6ZZ9 - 66Z - ZLG youa � j a9 . � oa0 WSE = 60 SO 20 ADW BK : 1959 PG : 1884 BXd W. OCN558287 SECTION 00612 - Payment Bond KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND , we Lhxiercirou d utilities , Inc . as Principal , and , a corporation, as Surety, are held and firmly bound unto the County of Indian River, Florida, in the sum of cirri 05'1 Dollars ($ 27. :100. x, 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 severely, for the faithful performance of a certain written Contract, dated the day of 20 , entered into between the Principal and the County of Indian River, for: Project Name: MackYMW ter Assessment roie� County Project Number. U Project-Address: : piU6 West-of h . Aymo Proled Description: BsrsidantlOf Water- Di ri[butio 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 heroin below defined, then this obligation shall be void ; otherwise, this Bond shall remain in full force and effect, subject to the foilowing terms and conditions: 1 . A claimant is defined as any person supplying the Principal with labor, material or supplies, used directly or indirectly by the Principal or any subcontractor in the prosecution of the Work provided for in said Contract, and is further defined in Section 713.01 of the Florida Statutes, 2. The provisions of Section 255. 05 Florida Statute together with all notice and time provisions contained herein shall apply, The above named Principal and Surety hereby jointly and severally agree with the County of Indian River that every claimant as herein defined , who has not been paid in full before the expiration of a period of ninety (90) days after performance of the labor or after complete delivery of materials and supplies by such claimant , may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sums or sums as may be justly due claimant, and have execution thereon . The County of Indian River shall not be gable for the payment of any costs or expenses of any such suit. 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 C? m 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 , akerations of or addition to the terms of the Contract, or to the work or to the Specifications. CO The Surety represents and warrants to the County of Indian River that it has a Best's Key p Q Rating Guide, General Policyholder's rating of "A-VII". ziQ The Principal and Surety jointly and severally covenant and agree that this Bond will remain in Z� full force and effect for a period of one year commencing on the date of Substantial Completion UQ �O 00612 - 1 00812 - Payment Soni Q V 1lM ON01 F: NNs47TLtt . ENOINEERINaV,p@a, • AdMprtrm gM�1,eLOCK VILLA WAT$A Ptn?*N WATWA SNRVK;W%UD DOCUMENTS%M,2 • P" ldld.doo RIY. T ' d 6ZZ9 - 66z - zGG yaua -ij a2joaq d8a : 21 so EO nou I BK : 1959 PG : 1885 as established on the Certifleate 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 20. day of October . 20D5,, the name and corporate seal of each corporate party being hereto affixed and these presents duty signed by its undersigned representative, pursuant to ft&sarity of its governing body, rrre�r„r rMrrMrrrrrrriMrNrrrrr�NrrrNrrrAyerMwrr�rrrArrrRrfflMfryt*r�KrrrRfrwrr*rr, WHEN THE PRINCIPAL IS AN INDIVIDUAL: Signed, sealed and delivered in the presence of: Witness Signature of Individual Address Printed Name of Individual Witness Address ..r...r.r+rrrrrrr r►rrrrsrrrr„r WHEN THE PRINCIPAL IS A SO E PROPRWORMI! OR OPERATES UNDER A IBS.. MAN: Signed, sealed and delivered in the presence of: Witness Name of Partnership BY: Address Printed Name of Partner Witness (SEAL) A TRUE COPY Address CERTIFICATION ON LAST PAGE J . K. BARTON , CLERK 00612 " 2 00812 - asrr►,wA eoW 6 ' d 6ZZ9 - 66Z - ZLG youaJj 09joa0 a9E = 60 g0 20 AoW BK : 1959 PG : 1886 +++xxt+++}#}tt}}tx}}xttt}ttt}#}}tt#+#x:,►xx,.w#wwwxwwxwttt}+}t# }}##x#x}t**#wtwt*##tt#*#tt##t##}##w#w#xttwww#t# 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 xxw4Atw**t*tt**4*AAAR***4*A4**A4*w44*w#wAw#w*}#Rtwt*#4###*4*twwt#t##4#*t}xt}t#t}4}###}##t}t}ttt#}tw*#*x*##}# WHEN THE PRINCIPAL IS A CORPORATION : Attest: 64*1 NaFKe of Corporation r ,r I ' of r 4"SFr4L) . 04 k Printed Name Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL I 2)o.vy1f !xe',ue-# certify that I am the Secretary of the corporation named as Principal in the within bond ; that �r��rct- ,F =,ucf/ , who signed the said bond on behalf of the Principal was then '� s,�,� s7- of said corporation : that 1 )4 : his signature, and his signature thereto is genuine ; and that said Bond was duly signedtaCed and attested for and on behalf of Said corporation by authority of Its governing bsady` Secretary (SEAL) TO BE EXECUTED BY CORPORATE SURETY: , . A TRUE COPY _. Attest: CERTIFICATION ON LAST PAGE J. K. BARTON, CLERK Secretary Corporate Surety 00812 - 3 00812 - Payment Bond F:IU0II6ee1UTILITY - ENGINEERINGLProgeota - Auaument PM*U\BLOCK VILLA WATER PETITION WATER 9ERVICEIBID DOCUMENTSb0612 - Payment Bond.doc Rev. 05/01 BK : 1959 PG : 1887 — (Affix Corporate SEAL ) Business Address BY: Attorney4n- Fact Name of Local Agency Business Address STATE OF FLORIDA _ COUNTY OF INDIAN RIVER Before me , a Notary Public, duly commissioned , qualified and acting , personally appeared , to me well known , who being by me first duly sworn upon oath , says that he is the attorney-in-fact for the and that he has been _ authorized by to execute the foregoing bond on behalf of the CONTRACTOR named therein In favor of the County of Indian River, Florida. Subscribed and swom to before me this day of t 20 Notary Public, State of Florida My Commission Expires : * * END OF SECTION A TRUE COPY _ CERTIFICATION ON LAST PAGE J. K. BARTON/ CLERK 00612 - Payment Bond F:WUUUnWTIUTY • ENGMERING 00612 - 4 0&01 1PrOJecb - Aasstrrienl Prgecq\BLOCK VILLA WATER PETITION WATER SERVICEIBID DOCUMENT8Wp612 - Pe ymenl eena.aoc Rev. ,� BK : 1959 PG : 1888 f P . O . Box 4668 I' ve fr �` .; Winter Park , FL 32793 - 4668 4Business Address (�A� n id Yf SEAL) A . ares E . Dicluneyer x ,0 . Attorney-In-Fact The Dickmeyer Agency Nar '81 .' 'ie Crescent Stuart , FL 34994 Business Address STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personalty appeared Jamas F - Di MC)Mr to rile well known , Who being by me first duly swum upon oath, says that he Is thea thomey-kHect for tho Old clic qty and that he has been authorized by Old ;� y to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian RNer, Fbrk!& Subsaibed and sworn to before me this A" day of , 20 7C� Notary Public, State of Florida MY Commisslon Expires: ` * END OF SECTION • K48wdsd 7Na" vKw DD ISM IS, 2006 Urldrar,py . A TRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTON , CLERK Af1812 - 4 00512 - Payment Bond I ' d 6zz9 - 66z - ZGG yaua � � a9toa � ¢ 96060 90 20 ^ oW BK : 1959 PG : 1889 PERFORMANCE AND PAYMENT BOND ( PUBLIC WORK) In Compliance with F.S. Chapter 255.05( 1xa ) Bond No . : OCN558287 Contractor Name: Underground Utilities, Inc. Address : 390 21 st Street, S. E . Vero Beach , FL 32962 Phone No. 772-299-7113 Surety Company: Old Republic Surety Company Address: P . O . Box 4688 Winter Park, FL 327934668 Phone No . : 407-677-0080 Surety Agent: The Dickmeyer Agency Owner Name: Indian River County Board of County Commissioners Address: 1840 25th Street Vero Beach , FL 32960 Bond Amount: $33t750. 00 Description of Work: Indian River County Bid # 7079 Block Villa Subdivision Water Assessment Project Address: Block Villa Subdivision , Vero Beach, FL ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATIONS PROVISIONS IN SE=CTION 255.05(2). FLORIDA STATUTES FRONT PAGE All Other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be pro-printed thereon A TRUE COPY CERTIFICATION ON LAST PAGE J .K. BARTON, CLERK i BK : 1959 PG : 1890 * * Old Republic Surety Company * OLD REPUBLIC 1025 South Semoran Blvd . , Suite 1085 , Winter Park , FL 32792 * * (800 )-277 -2663 ) DATE : 10/ 13/ 05 O ! �_ Rel_, bhc Insurance Company ( Old Republic ; as anent for , Old Republic Surety Company , Bituminous Casualty Corporation , and International Business & Mercantile REassurance Co. TO BE ATTACHED TO AND FORM PART OF CONTRACT BOND NUMBER : OCN558287 PRINCIPAL Underground Utilities , Inc . ORI- IGFF Indian River (,oun� y Board of County Commissioners RIDER - POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Rider has been provided to Principal and Obligee . , t:) ,rera9 = for acts of terror -r s s included in the capticmed bond . You snould knout that, effective Novemb•_ r 6 . 21`D ^ 2 . under that bond . any ! osses caused by certified acts of . terrorism would be partially reimbursed by the Jr � ted Slates under a formula established by federal law Under this formula , the United States pays 9011/- ; ed terrorism losses exceeding the statutorily established deductible paid by Old Republic . The established ar tAa d eductibie is eaual to of the prior years direct earned premium written by Old Republic for losses Heil n , .'_ OC .; t0 % for loc. se •; ncurred in 2004 , and 15 % for losses incurred in 2005 . Payment for a loss will not d the " mit of ! iatbihtV under this bond . This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act . The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond . As defined in Section 1042 ( 1 ) of the Terrorism Risk Insurance Act of 2002 , a certified "act of terrorism " means any a ,:. ' that is cert , tied by the Secre- tary of the Treasury in concurrence with the Secretary of State and the A.ttr ,Hey ; ' i ! ec to be an act of Perron . m To he certified , the act of terrorism must be : 1 ) a vroient 3C ' or a ^ act that ; s rr :3ng _ rolis tc human life , property or infrastructure ; 2 ) have resulted in damage within tha r. ' ted Status oWs! de the 0nited,States in the case of an air carver or vessel , or the premises of a Uniteu States -n rsioe ? nd 31 have teen committed by an individual or individuals acting on behalf of any foreign person or foreign interest , as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion . You have a right to purchase insurance coverage for losses arising from terrorism , or you may choose to reject the purchase SELECTION OR REJECTION OF TERRORISM INSURANCE COVERAGE The premum you have been charged for this bond includes terrorism coverage , for a premium of $ 7 , 00 which you must pay within 30 days of this offer . THE PREMIUM CHARGED FOR THIS COVERAGE DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDEt2 THE ACT . Note : If You refect the coverage , you must check the box below, sign this form and return it to the address shown above . The premium will be credited_ I hereby elect to have the exclusion of terrorism coverage apply to this bond . I understand that I will have no coverage for losses arising from acts of terrorism . The undersigned agrees that this election will apply only to this bond, James E . Lee Bond bligee ' s Signature Vice President - Old Republic Insurance Company zi 4! President - Old Republic Surety Company Print Name fl Vice President - Bituminous Casualty Corporation Vice President - International Business & Mercantile /d /rJ? — dS REassurance Co . Date ORSC 22836 ( 112003 ) Attach to all contract bonds as a cover page . A TRUE COPY CERTIFICATION ON LAST PAGE J. K. BARTON, CLERK BK : 1959 PG : 1891 S1 ATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A * TRUE AND CORRECT COPY OF THE— INI** ORIGINAL ON FILE IN THIS OFFICE. " COLD RERBLICK BARTON, CLERK surety Corrtfoty POWER OF ATTORNEY 11"Sleos does make , constitute and appoint: ALL MEN BY THESE PRESENTS : That OLD REPU E7YL^'O tsconsrn s ock insurance corporation, JAMES £ . DICKMEYER , OF STUART , FL its true and lawful Attorney(s) -in-Fact, with full powier and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto fif a seal is required), bonds, undertakings, recogn�lces or other ,,written obligations in the nature thereof, (other than bail bonds, bank depository borxfs, mortgage deficiency bards, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance vwxkers com perlsaliorl abonds guaranteeing payment of benefits, asbestos abatemertE contract bonds, waste s follows : managOrnent bonds, hazardoub waste remediation bonds or biack lung bonds), ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF TWO MILLION DOLLARS ( $ 21000 , 000 ) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ FOR ANY SINGLE OBLIGATION , REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUET) FOR THE OBLIGATION . and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact , pursuant to these presents, are ratified and confirmed. This document is, not valid unless printed on colored background and is multi-colored. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18 , 1982 . . RESOLVED that, the president, any vice-president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recog - nizances, and suretyship obligations of all kinds ; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person . RESOLVED FURTHER that any bond, undertslang, recognizance, or suretyship obligation shall bevalid and binding upon the Company (i) when by the president, any vice preswent or assistant vice president, and:attested and. sealed ( f a seal be required) by any secretary or assistant secretary; or when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, be required) by a duty authorized attomey-in-fact or a tory, and caxdersigned and sealed (if a seal (iii) when duly executed and sealed (If a seal be regui 9 ',0� evidenced b the Power of Attorney by onesu more attoor persons. or agents pursuant to and within the limits of the authority y omey issued. by the company to such person or persons. RESOLVED FURTHER,thatthe signature of any authorized officer and the seal of the company may be affixed by facsimile to any Poorer of Attorney or certification thereof autliorizing the execution and deivsry of any bond, undertaking, moogrum noe, or other suretyship obligations of the eornperry; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused thesepresents to be signed by its proper officer, and its corporate seal to be affixed this 11TH day of MARCH 2004 OLD REPUBLIC SURETY COMPANY SZAL Assistant S President STATE OF WISCONSIN , COUNTY OF WAUKESHA - SS 04000 On this 11TH day ofMARCH 2004 personally came before me, JAMES E . LEE and DAVID G . MENZEL to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above Instrument, and they each acknowledged the execution of the same, and being by me duly sworn , did severally depose and say; that they are said officers of the oorporation aforesaid, and that the seal affixed to the above instrument is the seat of the corporation , and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. �lpwA. t. _ _ C. ao-u+v r• 7 7 Notary Public rr� i< '� oF �gcrod 02 / 13 / 2005 ^• My commission expires : CERTIFICATE I , the igxre 'as tary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation , CERTIFY that the foregoing atX h Wec' remains In full force and has not been revoked ; and furthermore, that the Resolutions of the board of direct6rS 'aAttitt �fj t{ri 1?qut�r. : rmy, are now in force. oJ 92 - 24E5 '_, � ' f� and sealed at the City of Brookfield, Wt this �-3 ` day of Oclo , e ! a ao.S' DICKMEY4R A IrH � e � -' ` Assistant ORSC 22262 (1 /97)