HomeMy WebLinkAbout2008-130SECTION 00530
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT ("Agreement' or "Contract), dated the (qday of m the
year 2008, by and between Indian River County Solid Waste Disposal DIstrtc WDD), a dependent
special district of Indian River County, (hereinafter called OWNER) and Barth Construction, Inc,
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
ARTICLE 1 WORK
CONTRACTOR
as an independent contractor
and not
as an employee shall famish and complete all of the
necessary labor,
material, and equipment to
perform
the work as specified or indicated in the Contract
Documents. The work is generally described as
follows:
Construction of new on-site household waste collection center facilities including off-site utility services,
demolition of existing on-site collection center, construction of off-site frontage road, and construction of
adjacent tum lanes and roadway improvements.
ARTICLE 2 ENGINEER
The project has been designed by Brown and Caldwell, 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 CONTRACTOR shall be substantially completed with the work in One Hundred Eighty
(180) calendar days after issuance of the Notice to Proceed, in accordance with Paragraph 2.03A
of the Supplementary Conditions, and be completed and ready for fatal payment in accordance
with Paragraph 14.07 of the General Conditions within Try (30) calendar days after the
issuance of Substantial 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 dollars ($300.00) 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,
FELLSMERE CONVENIENCE CENTER 00530 - Standard Form of Agreement
00530 - t
CONTRACTOR shall pay OWNER three hundred dollars ($300.00) for each day that expires after
the time specified in Paragraph 3.1 for completion and readiness for final payment.
ARTICLE 4 CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract
Documents in current funds in the amount of $ 1,850,879.53.
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 and the Contract Documents.
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 and 5.2 do not apply to construction services work purchased by the County as
OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor
laws and regulations or requirements that are contrary to any provision of the Local Government
Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the
FELLSMERE CONVENIENCE CENTER 00530 — Standard Form of Agreement
00530-2
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.
5.5 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final
payment shall be and shall operate as a release to the OWNER from all claims and all liability to the
CONTRACTOR other than claims in stated amounts as may be specifically excepted by the
CONTRACTOR for all things done or furnished in connection with the work under this Contract and for
every act and neglect of the OWNER and others relating to or arising out of the work. Any payment,
however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations
under the Contract Documents or the Payment and Performance Bonds.
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 SC4.02 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 famishing of the work as CONTRACTOR considers necessary for the performance
of famishing 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 at or contiguous to the site and
FELLSMERE CONVENIENCE CENTER 00530 — Standard Form of Agreement
00530-3
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 famish 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
4.04 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 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 Payment Bonds (Sections 00610 and 00612).
8.3 Notice of Award and Notice to Proceed (examples in Section 00800).
8.4 General Conditions (Section 00700).
8.5 Supplementary Conditions (Section 00800).
8.6 Specifications bearing the title "Fellsmere Convenience Center", Divisions 00, 01, 02, 11, 13 and 18
as listed in the table of contents hereof.
8.7 Drawings, inclusive with each sheet bearing the following general title: "Indian River County Solid
Waste Disposal District, Fellsmere Convenience Center".
8.8 Addenda number 1.
8.9
those listed
CONTRACTOR'S Bid
(Sections: 00300; 00410;
00431; 00450; 00452; and 00456).
8.10
in Paragraphs 3.04 of the General Conditions.
Permits and Approvals
with Limiting Conditions
(Division 18).
8.11 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 3.04 of the General Conditions.
There are no Contract Documents other than
those listed
above in this Article 8. The Contract Documents may
only be
amended, modified or supplemented
as provided
in Paragraphs 3.04 of the General Conditions.
FELLSMERE CONVENIENCE CENTER 00530 — Standard Form of Agreement
00530-4
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 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the
contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be
brought in its name for the benefit of others, without previous consent of the OWNER and concurred
to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be
deemed an event of default hereunder. Nothing herein shall be construed as creating any personal
liability on the part of any officer or agent of the OWNER who may be a party hereto.
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,
engineers, 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 any
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. The indemnification is limited to $5 million per occurrence.
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 of
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.
(Remainder of This Page Intentionally Left Blank)
FELLSMERE CONVENIENCE CENTER 00530 — Standard Form of Agreement
00530-5
IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement the day and year
first written above.
This Agreement will be effective on 04ft�a e-7
OWNER: CONTRACTOR:
Indian River County Barth Construction, Inc.
Solid Waste Disposal District
l i..
By. By: r
Sar, L Bowden, Chairman Phil Batik;l?Ye5ident
— (CORPORATE SEAL)
Attest: Attest:
J. K: Barton, Chrk f the Circuit Court Jason Fykes, Project Manager
By : --A
Deputy Clerk
/.approved By: � \.
A. Baird,
as to Form an4-Legal Sufficiency:
Attorney
Address for giving notices Address for giving notices
1800 27th Street 1717 Indian River Boulevard, No. 202A
Vero Beach, Florida 32960 Vero Beach. FL 32960
License No. CGCO07847
(continued on next page)
FELLSMERE CONVENIENCE CENTER 00530 — Standard Form of Agreement
00530-6
SCHEDULE OF CONTRACT VALUES
FOR
FELLSMERE CONVENIENCE CENTER
The Items below shall include costs for furnishing to the OWNER all materials, equipment, and supplies
and for all costs incurred in completing the work identified in the Contract Documents including
installation of all materials, equipment, and supplies furnished, complete in place and ready for service,
all labor, permit fees, taxes, insurance, miscellaneous costs, overhead and profit.
Item No.
Bid Item Description
Total Item Price
1
Com I in with Contract Conditions(Including Permit Conditions
$ 1082845.15
2
On -Site Demolition Clearing and Grubbing (Including Well
$
18,311.18
3
On -Site Earthwork Excavation and Gradin
$
36,089.95
4
On -Site Clean Imported Fill and Compaction
$
141,152.70
5
On -Site Stormwater Conveyance and Treatment System
$
69,857.66
6
New Water: Main; Hydrant; Services & Hydrant Relocations
$
16,818.76
7
New Wastewater Collection Services Treatment & Disposal System
$
12,846.40
8
MSE Structural: Foundation Wall and Wall Ca
$
4039120.01
9
On -Site Sub rade for Asphalt, Concrete & RAP Surface Courses
$
339870.58
10
On -Site 8 -inch Base Rock for Asphalt Surfaces
$
40,009.39
11
On -Site 2 -inch Asphalt Surface Course
$
419061.49
12
On -Site 12 -inch Structural Concrete Surface Course
$
190,520.90
13
On -Site 6 -inch Concrete Paving Surface Course
$
689799.22
14
On -Site 4 -inch RAP Shell or Crushed Rock Surface Course
$
11,530.75
15
On -Site Striving,Signage and Bollards w/ Covers
S
37,502.98
16
Pre -Engineered Structures Tie -Downs and Utility Connections
$
76,782.04
17
Coordination w/ F. P. & L. and A..T.& T. to obtain new Utility Service
$
529.22
18
Electrical and Site Lighting
$
309590.13
19
Landscaping
$
613299.04
20
Sodding
S
19,004.46
21
Irrigation and Lake Recharge System
$
342590.13
22
Fencing and Gates
$
40,389.37
23
Site Equipment Miscellaneous Hardware
$
12,594.49
24
Traffic Control During Construction
$
182493.23
25
Erosion Control During Construction and Compliance with SWPPP
$
20,004.69
(Continued On Next Page)
FELLSMERE CONVENIENCE CENTER 00530 — Standard Form of Agreement
00530-7
26
Off -Site
Demolition Clearing and Grubbing
$
5,705.04
27
Off
-Site
Earthwork Excavation and Grading
$
22,541.80
28
Off -Site
Stormwater Conveyance System(Including Pipe Abandonment
$
26,230.49
29
Off -Site
Sub rade for Asphalt and Shoulder
$
24,604.72
30
Off -Site
Base Rock for Asphalt Surfaces
$
54,790.64
31
Off -Site
Asphalt Base and Leveling Course
$
425980.46
32
Off -Site
Asphalt Final 1 -inch Surface Course
$
41,205.44
33
Off -Site
Striping (including PRMs and Signage Traffic and Project Si
$
205132.77
34
Off -Site
Sodding and Restoration
$
8'04422
35
Project Surveying, Construction Layout and "As-Builts"
$
20,110.54
36
Miscellaneous Items Allowance(Permits, etc.
$
20,000.00
37
Existing
"Unknown" Utility Relocation Allowance
$
20,000.00
CONTRACT GRAND TOTAL = $ L850,879,53
END OF SECTION
FELLSMERE CONVENIENCE CENTER 00530 — Standard Form of Agreement
00530-8
FRONT PAGE
All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon.
I
Public Work
Executed in 3 Counterparts
F.S. Chapter 255.05 (1)(a)
Cover Page
THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713,23
FLORIDA STATUTES, AND
ANY ACTION INSTITUTED BY
A CLAIMANT UNDER THIS BOND FOR PAYMENT
MUST BE IN ACCORDANCE
WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2)
OR SECTION 713.23
FLORIDA STATUTES.
BOND NO:
54-170159
CONTRACTOR NAME:
Barth Construction, Inc.
192.1526
THIS DOCUMENT HAS BEEN
CONTRACTOR ADDRESS:
1717 Indian River Blvd, Suite #202A
RECORDED IN THE PUBIC RECORDS
OF INDIAN RIVER COUNTY FL
Vero Beach FL 32960
BK: 2263 PGA626. Pagel of 1G
CONTRACTOR PHONE NO:
(772) 778-3072
6"To2ONat 10.05 AM,
JEFFREY K BARTON, CLERK OF COURT
SURETY COMPANY:
United Fire & Casualty Company
118 Second Avenue SE
Cedar Rapids, IA 52401
(319) 399-5700
OWNER NAME:
Indian River County, Florida
OWNER ADDRESS:
1800 27th St.
Vero Beach, FL 32960
OWNER PHONE NO.:
(772) 567-8000
OBLIGEE NAME: (If contracting
entity is different from the owner,
the contracting public entity)
OBLIGEE ADDRESS:
OBLIGEE PHONE NO.:
BOND AMOUNT:
$1,850,879.53
CONTRACTNO.: (Ifapplicable)
2008017
DESCRIPTION OF WORK:
Fellsmere Convenience Center
PROJECT LOCATION:
12510 County Road 512, Fellsmere, FL
LEGAL DESCRIPTION:
(If applicable)
FRONT PAGE
All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon.
THE ATTACHED STATUTORY r^VER PAGE FORMS AND BECOMES PART Oc THIS BOND.
Executed in 3 Counterparts
Bond No. 54-170159
SECTION 00610
PERFORMANCE BOND
THIS PARAGRAPH IS AN INSTRUCTION, NOT PART OF THE BOND The bond must state on its
front page: the name, principal business address, and phone number of the contractor, the surety, the
owner of the property being improved, and, if different from the owner, the contracting public entity; the
contract number assigned by the contracting public entity; and a description of the project sufficient to
identify it, such as a legal description or the street address of the property being improved, and a general
description of the improvement, and the bond number.
KNOW ALL MEN BY THESE PRESENTS:
BYTHISBOND,we Barth Construction, Inc. as
Principal, and United Fire & Casualty Company a
corporation, as Surety, are held and firmly bound unto the County of Indian River, Florida, in the sum of
One Million Eight Hundred Fifty Thousand Eight Hundred* Dollars (S----- 11850,879.53 -----
�.r..:,.
executors, administrators and assigns; jointly and severally, for the faithful performance of a certain
written Contract, dated the ;�Z day of Li/ AIL, 2008, entered into
between the Principal and the County of Indian River, for:
Project Name: FELLSMERE CONVENIENCE CENTER
County Project Bid Number: 2008017
Project Address: 12510 C.R. 512, Fellsmere. FL
Description: Construction of new on-site household waste collection center facilities
site frontage road, and construction of adjacent tum lanes and roadway improvements
A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied
herein.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal
shall in all respects comply with the terms and conditions of said Contract and its obligations thereunder,
including all of the Contract 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 inderrmify
and save harmless the County of Indian River against and from all expenses, costs, and attorney's fees,
including appellate proceedings, as set forth in the Contract, that Owner sustains because of a damages,
injury or conduct, want of care of skill, negligence or default, including patent infringement on the part
of the Principal, his agents or employees, in the execution or performance of said Contract, including
errors in the Drawings fumished by the Principal, 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 Indian River County any
difference between the sum that Indian River County may be obliged to pay for the completion of said
Work, by contract or otherwise, and 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.
FELLSMERE CONVENIENCE CENTER
00610.1
'Seventy Nine and 53/100---- Dollars.
00610 - Performance Bond
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 agrees that no change, extension of time,
alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the
Specifications or Drawings accompanying the same, shall in any way affect its obligations on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms
of the Contract or to the Work or to the Specifications or Drawings.
AND, the said Principal and Surety jomfly and severally covenant and -agree that this Bond will remain in
full force and effect for a period of one year commencing on the date of Substantial Completion as
established on the Certificate of Substantial Completion as issued by the County of Indian River.
Principal and Surety expressly acknowledge that any and all provisions relating to liquidated damages
contained in the Contract Documents are expressly covered by and made a part of this Bond. Principal
and Surety acknowledge that any such provision lie within their obligations and within the coverages and
limitations of this Bond.
Florida Statutes Section 255.05'(2007), as amended from time to time, together with all notice and time
provisions contained in subsection (2) of Florida Statutes Section 255.05, is incorporated herein in its
entirety by this reference.
The Surety represents and warrants to the County of Indian River that it is licensed to conduct business in
the state of Florida and has a Best Key Rating of A- VII or higher.
IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals,
this _ 2F day of AP&I L 2008, the name and corporate seal of each corporate
party being hereto affixed and these presents duly signed by its undersigned representative, ptusuant to
authority of its governing body.
iiit►##Ii#i##ii#rti#Yiiiiitii#iitY#iiiii#iiiYYYYii#iiti Yii#ii##iii##Yi####iii#iirtiYik
CORPORATE ACKNOWLEDGEMENT:
Attest: Z'
Barth Construction, Inc. _
Secretary Name of rpora eF3
13€�
G�
BY: °c ,
Signa e ( ftix Corporate SEAL)
Printed Name
Official Title
FELLSMERE CONVENIENCE CENTER
00610-2 OOBtO —Performance Bond
1
ssrtasraasaarsaa+sarsrsa►t+ssss►srs*s*s*+*t►»as►**asssssssar**►sstrssts•sr►r+at►rtrr
CERTIFICATE AS TO CORPORATE PRINC
Y /ZQ11,21ot/ y,7� ��nc certify that I am the Secretary of the corporation named as Principal ithe
within bond; and that who signed the said bond on behalf a 4-i' „,
Principal was then �Xaac/vi of said corporation: that I know his signature,
signature thereto is genuine; and that said Bond was duly signed, sealed and attested for and on tle
Said corporation by authority of Its governing body. k54: G
9
T.
S- 4
Secretary (Affix Corporate SEAL)
TO BE EXECUTED BY CORPORATE SURETY:
Attest:
United Fire &Casualty Company
Qwr ofsv—Witness-- i
118 Second Avenue SE, Cedar Rapids, IA 52401
Business Address
BY:.
Signature (Affix Corporate SEAL)
Leslie M. Donahue, Attorney in Fact &
Florida Surety Bonds, Inc.
Name of Local Agency -
620 N. Wymore Rd., Suite 200, Maitland, FL 32751
Business Address Inquiries: (407) 786-7770
STATE OF FLORIDA
COUNTYOF Orange
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
Leslie M. Donahue to me well (mown, who being by me first duly sworn upon oath, says that
he is the attomey-in-fact for the United Fire & Casualty Company and that he has been authorized by
Barth Construction, Inc. to execute the foregoing bond on behalf of the CONTRACTOR named therein in
favor of Indian River County. Subscribed and swom to before me this 28th day of
April , 2008.
tary Public, State of Florida
Patricia L. Slaug er
My Commission Expires: 3/3112009
X44 II
FELLSMERE CONVENIENCE CENTER
00610-3
00610 — Performance Bond
2. Florida Statutes Section 255.05 (2007), as amended from time to time, together with all
notice and time provisions contained in subsection (2) of Florida Statutes Section 255.05, is
incorporated herein in its entirety by this reference
The Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration
of or addition to the terms of the Contract or to the work to be performed thereunder or to the
Specifications applicable thereto, shall in any way affect its obligations on this Bond, and the Suety
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 is licensed to conduct business in
the state of Florida and has a Best Key Rating of A- VII or higher.
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 Cerncafe of SubstannatCompletion as issued by the"County of Indian River.
The Principal and
Surety jointly and
severally, agree
to pay the County of Indian River all losses,
damages, expenses,
costs, and attorney's
fees, including
appellate proceedings, that the County of Indian
River sustains because of a default by the Principal under the Contract.
IN WITNESS WHEREOF the above bound parties executed this instrument under their several seals,
this day of AP QAC_ 2008 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.
sssssss*sssssss*ss*sss*sss*ss+assss*+***s+ss+sssssssssssss*suss►*sssssssssss*♦*sss*
CORPORATE ACKNOWLEDGEMENT:
Attest: /
Secretary
FELLSMERE CONVENIENCE CENTER 00612 —Payment Bond
00612-2
CERTIFICATE AS TO CORPORATE PRINCIPAL
I. /??Liam certify that I am the Secretary of the corporation named as Principal in
the within bond; that 4?Af'7i who signed the said bond on behalf of the,µ;
Principal was then �P2Gj �Cn7T of said corporation: that I know his stgnaturg, sari;;
his signature thereto is genuine; and that said Bond was duly signed, sealed and attested for and on behalf --T ;
of Said corporation by authority of Its governing body. G
All
Secreta (, 1
Secretary (SBAI.id:' iia4
TO BE EXECUTED BY CORPORATE SURETY:
Attest:
United Fire & Casualty Company"4
Corporate Suretyxr
118 Second Avenue SE, Cedar Rapids, IA 52401
Business Address
Ubu �vf • i���I r 1
BY:
(Affix Corporate SEAL)
Leslie M. Donahue, Attorney in Fact & FL;Licensed'Reside
Attorney -In -Fact ry, ,
Florida Surety Bonds, Inc.
Name of Local Agency #;i,;.•"
620 N. Wymore Rd., Suite 200, Maitland, FL 32751
Business Address
STATE OF FLORIDA
COUNTY OF Orange
Before me, a Notary Public, duly commissioned, qualified
and acting, personally
appeared
Leslie M. Donahue
to me well known, who being by me fust duly sworn upon oath,
says that
he is the attorney-in-fact for the United Fire & Casualty CO. and that
he has been authorized by
Barth Construction, Inc.
to execute the foregoing bond on behalf of the
CONTRACTOR named therein in
favor of the County
of Indian River, Florida. Subscribed and sworn to
before me this 28th
day of
April
2008.
Notary Public, State of orida Patricia L. Slaughter
My Commission Expires: 313112009
FELLSMERE CONVENIENCE CENTER 00612.3
7.)n ..
00612 = Payme_nt Gond
t
sspr•srssr+ssw+wt+s++srsrtrtsr+++ssts++s+wr+t+w++trwwrs+ts+*++s+is+•+wrsrrsssss*+�•
Any claims under this bond shall be addressed to:
Name and address of Surety:
United Fire & Casualty Company
118 Second Avenue SE
Cedar Rapids, IA 52401
Name and address of agent
or representative in Florida
if different from above:
Florida Surety Bonds, Inc.
620 N. Wymore Rd., Suite 200
FL 32751
Telephone number of Surety and
agent or representative in Florida:( 07 ) 786 _7770
FELISMERE CONVENIENCE CENTER
END OF SECTION
00610.4
00610 - Performance Bond
THE ATTACHED STATUTORY uOVER PAGE FORMS AND BECOMES PART . , THIS BOND.
Executed in 3 Counterparts
Bond No. 54-170159
SECTION 00612
PAYMENT BOND
THIS IS AN INSTRUCTION, NOT PART OF THE BOND The bond must state on its front page: the
name, principal business address, and phone number of the contractor, the surety, the owner of the
property being improved, and, if different from the owner, the contracting public entity; the contract
number assigned by the contracting public entity; and a description of the project sufficient to identify it,
such as a legal description or the street address of the property being improved, and a general description
of the improvement, and the bond number.
KNOW ALL MEN BY THESE PRESENTS:
—_B_Y_THIS_BOND, �e Barth Construction. Inc. as Principal• and United Fire & Casualty Companya
corporation, as Surety, are held and firmly bound unto the County of Indian River, Florida, in the sum of
One Million Eight Hundred Fifty Thousand ` Dollars (S --1,850,879.53--� amounting to 100% of the
total Contract price. For the payment of said sum we bind ourselves, our heirs, executors, administrators
and assigns, jointly andseverally, for the faithful performance of a certain written Contract, dated the
� day of A7, Y, 2008, entered into between the Principal and the
County of Indian River, for:
Project Name: "FELLSN ERE CONVENIENCE CENTER"
County Project Bid Number: 2008017
Project Address: 12510 C.R. 512, Fellsmere, FL
Project Description:
Construction of new on-site household waste collection center facilities including off-site utility
services, demolition of existing on-site collection center, construction of off-site frontage road, and
construction of adjacent tum lanes and roadway improvements.
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 shalt 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 713.01.
'Eight Hundred Seventy Nine and 53/100---- Dollars.
FELLSMERE CONVENIENCE CENTER 00812 - Payment Bond
00612-1
•ttrtrrarssrtesssssssrrwstwraarararrrr+rraat+rrtrstrtterassrssaw*satsrwstatstrwsarra
Any claims under this bond shall be addressed to:
Name and address of Surety:
United Fire & Casualty Company
116 Second Avenue SE
Cedar Rapids, IA 52401
Name and address of agent
-- _—or - representative -in Florida -
if different from above:
Florida Surety Bonds, Inc.
620 N. Wymore Rd., Suite 200
Maitland, FL 32751
Telephone number of Surety and
agent or representative in Florida:( 07 786 . 7770
END OF SECTION
FELLSMERE CONVENIENCE CENTER 00612 -Payment Bond
00612 - 4
KNOW ALL MEN BY THESE PI
existing under the laws of theSt
,appoint LESLIE M DONAHUE,
PATRICIA L SLAUGHTER, OR
FL, ALL INDIVIDUALLY of M
UNITED FIRE & CASUALTY COMPANY
HOME OFFICE -"CEDAR RAPIDS, IOWA.
CERTIFIED COPY OF POWER OF ATTORNEY
nal on file at Home Off
.TY COMPANY;'
This powef of Attorney is h
of the Company. on: April t
to
from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies
of insurance, bonds, undertakings and other obligatory instrumentsoflike nature. The signature of any officer authorized
hereby,and the.. Corporate seal, may be affixed by facsimile to any power of attorney :or special power of attorney% or
certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as thee.
original signature of such%officer and the original seal of the Company, to be valid and binding upon the Company with the
same force 1.and effect as though manually affixed. Such attorneys -in fact, subject to the limitations set forth 'in their
respective certificates of 'authority shall have full power to bind the Company by their signature and execution of any such
Instruments and'to attach the seal of the Company thereto. The President or any Vice President, the Board"of Directors or
any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact.
IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by
its vice president and its corporate seal to be hereto affixed this 16th day of October, 2007'
UNITED FIRE & CASUALTY COMPANY
SEAL
!
By_� .
State of.lowa, County of Linn, ss:
Vice Ptesident
Dn 18th tlay.. of October, 2007, before me personally came Dennis J. Richmann
to known;;who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice
President at: the UNITED;FIRE &s CASUALTY COMPANY, the corporation described in and which executed the above instrumEnt, that ,
he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that itwas so affixed
fpursuant to authority given by the:. Board of, Directors of said corporation and that he signed his name thereto pursuant to like
Ie
authority, and;ackrtowle lges same to%bb the act,and deed`of said corporation. i I.
.i 10 No ISaal n _
i ycomtr oa% umbar
. y -T
» M.3
MY Commission Expires el."
10
101 "0 Notary Public
t, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy
of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company asset forth in said Power of '-
Attvrrtey wRh' O?IC�lt1ALS ON FILE 1N THE HOME OFFICE OF SAID COMPANY, and that, the same are (correct transcripts
thereof, antl ii5 a lar$pf the said onginals, and that the said Power of Attorney has not been revoked and is now in, full force and
` trYSEhr rl�stl[tianyy whereof I have hereunto subscribed my name and affixad the corporate seal of the said Company
ACORD CERTIFICATE
OF
LIABILITY INSURANCE OP ID P DATE (MM DNYYY)
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
BARC006 04/28/08
PRODUCER
CONDITIONS OF SUCH
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HSH Ins S Bonds of Brevard LLC
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
400 High Point Dr, Suite 200
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Cocoa FL 32926
Phone: 321-639-3055 Fax:321-639-2077
INSURERS AFFORDING COVERAGE ''NAIC#
NSURED
EACH OCCURRENCE
S 1
INSURER A: •neriaure xn.ucanw c�y ', 19488
Barth Construction III,
Barth Construction Inc.
Inc.
Ea'- - au a
INSURER B: A.e if a w6aal :na,uanee pe ', 23396
DDD
Attn: Phil Barth fII
MED EXP (My one person)
INSURER c:
Blvd.,
Sk202 '..
�.- ---- -
-
PERSONAL BADV IWURY
VeroIndian
ea anFRiver
000 OOO
i� Contractual Liab
INSURER D:
INSURER E:
s2,000,000
OWL AGGREGATE LIMIT APPLIES PER
PRODUCTS-COMP/OPAGG
$2
COVE
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 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.
INSR7.DD'�----- -- --—------- --P LILY EFFECTIVE POLICYEXPIRATION
LTRINSRU TYPE OF INSURANCE POLICY NUMBER E MMIDD DATE MMIDD
--- -
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
S 1
DDD DDD
A I X CCOOMMERCIAL GENERAL LIABILITY GL2018953040008 03/30/08
03/30/09PREMISES
Ea'- - au a
$SD
DDD
CLAIMS MADE 'IJ OCCUR
--
MED EXP (My one person)
$5,000
X Blanket Adds-Insd ---- ----- ____ ___ --
�.- ---- -
-
PERSONAL BADV IWURY
E 1
000 OOO
i� Contractual Liab
GENERAL AGGREGATE
s2,000,000
OWL AGGREGATE LIMIT APPLIES PER
PRODUCTS-COMP/OPAGG
$2
O0O 000
POLICY n LPEaUor I� Loc
Em Ben.
1,000,000
AUTOMOBILE LIABIUTY
�1
A'i ,X ANYAUTo CA2018949040008 !I 03/30/08
03/30/09
COMBINED SINGLE LIMIT
(Eaa<daem)
$1,000,000
ALL OWNED AUTOS
—a
SCHEDULED AUTOS
BODILY INJURY
(Par person)
I
$ HIREDAUTOS
—�
, $ NON-0WNED AUTQS
I
BODILY IWURY
(Per acdOenQ,
�$
i
PROPERTY DAMAGE
$
(Per amdenl)
LIABILITY'
!AUTO ONLY -EA ACCIDENTOTHER
S
�:LARAGE
! ANY AUTO
THAN EA ACC
$
AUTO ONLY: AGG
j $
�EXCESSAIMBRELLA LIABILITY
!
EACH OCCURRENCE
'$4,000,000
A
J'OCCUR 'L CLAIMS MADE
CU201895505 03/30/08
03/30/09
AGGREGATE
$4,000,000
$
DEDUCTIBLE
'X RETENTION so
$
WORKERS COMPENSATION AND
X
A EMPLOYERS' LIABILITY I
!TORY LIMITS � ER
WC201896004 03/30/08 30 03 09
ANY PROPRIETORIPARTNEPoEXECUTNE / /
E.L. EACH ACCIDENT
$1QO,000
OFFICERMEMSER EXCLUDED?
tlescnbe unde
E.L. DISEASE - EA EMPLOYEE
$ SOO
000
SPECIAL PROVISIONS below
LE SIO
EL DISEASE -POLICY LIMIT
$ SOQ
OOO
OTHER
IIEquipment
A Floater IM2018954040008 03/30/08 03/30/091
Leased or
10,000
Rented E
OESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Indian River County
Purchasing Division
1800 27th Street
Vero Beach FL 32960
Ud
INDRIVC SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRAT101
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
— — The -Certificate of-Insurence ori-the€fse sideof-this form dc6s not constitute a contractbetween -
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.