HomeMy WebLinkAbout2008-325SECTION 00530 - EJCDCC �v' ' 3~
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT ("Agreement" or "Contract"), dated the / V 0/2L day of c-2 in the
year 2008 by and between Indian River County, a political subdivision .of the State of Florida
(hereinafter called OWNER) and DFZ02-/c6 C4imJ31-X-c/c77oV G,x,n,,d .(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 furnish 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:
Furnish and install about 10,500 LF of 6" PVC water main, 3,000 LF of 4" PVC water
main, 2,000 LF of 2" PE water main, 13 fire hydrants, 128 water services and
restoration.
ARTICLE 2 ENGINEER
The project has been designed by Gordon E. Sparks, P.E., 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 following timeframe
(a) Within 15 calendar days from effective date of Notice to Proceed, Contractor
shall complete the following tasks:
1. Obtain all necessary permits.
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. Submit and secure approval of shop drawings.
6. Mobilize all labor, equipment, and materials.
7. Deliver and store all equipment and materials to the job site.
8. Notify all utilities and other affected parties prior to initiating construction.
(b) From 16 calendar days to 90 calendar days from the effective date of Notice to
Proceed, the CONTRACTOR shall complete the following tasks:
00530-1
1. Install all pipe and appurtenant items.
2. Perform all vesting.
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 91 calendar days to 120 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,
CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day
that expires after the time specified in Paragraph 3.1 for completion and readiness for final
payment.
ARTICLE 4 CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the
Contract Documents in current funds in the amount of $ 4/97 22�j, ori
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
00530-2
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 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.
00530-3
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 furnishing of the work as CONTRACTOR
considers necessary for the performance of furnishing of the work at the Contract Price,
within the Contract Time and in accordance with the other terms and conditions of the
Contract Documents, including specifically the provisions of Paragraph 4.02 of the General
Conditions; and no additional examinations, investigations, explorations, tests, reports,
studies or similar information or data are or will be required by CONTRACTOR for such
purposes.
7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on
the Contract Documents with respect to existing underground facilities 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 4.04 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.
00530-4
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 "San Sebastian
Proiect" as listed in the table of contents hereof.
8.7 Drawings, inclusive with each sheet bearing the following general title "San Sebastian
Springs Subdivision Water Assessment Project.",
8.8 Addenda numbers d to o , inclusive.
8.9 CONTRACTOR'S Bid (Section 00300).
8.10 Specifications bearing the title "IRCDUS Water and Wastewater Utility Standards July
2007", or the latest version thereof,
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.
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.
00530-5
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,
9A 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 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)
00530-6
IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement the day
and year first written above.
This Agreement will be effective on Oc�6 ber , PS?,
OWNER CONTRACTOR
Indian River County���� G
Board of County Commissioners
Wesley S. Davis, Vice -Chairman
Attest: J. K. Ba n, Clerk of th C' uit Court
By:�
Deputy Clerk
Approved By.*
�oP'eph f. Baird, County;Administr4or
Approved as -40 Form and Legal Sufficiency:
A A '0�n
Address for giving notices
Vero Beach. Florida 32960
By:
46 3
M
(CORPORATE SEAL)
Address for giving notices
d. /9 6x 3 // "7 �?
*END OF SECTION*
00530-7
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From: Brittany Caraballo At: Bouchard Iral;ranca Faxi To: Indian River Count;
ACOR.D_ CERTIFICATE OF LIABILITY INSURANCE
Data: 10!20/2008 41:01 MI Pape: 2 of 3
DATE IMMfDDNYYYI
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Bouchard - Kissimmee HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
222 Church Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Kissimmee FL 34741
Phone:407-847-2841 Fax:407-846-2841 _ INSURERS AFFORDING COVERAGE NAIC#
INSURED I INS_RER A
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PO Box 361177s.aERD �—
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Ct)VEROGES
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*10 Day notice of cancellation in the event of non-payment of premium.
Certificate Holder is an Additional Insured with respects to General
Liability subject to the terms, condition & exclusions of the policy,
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rN'DIAM SHOULD A14V JF THE ABOVE DESCRIBED POLICIES SE CANCELLED SEFC-RE THE EYPIRATION
DATE T8EREJF THE ;SSUWG INSURER WILL ENDEAVOR TO MAIL 30* _ DAYS WRITTEN
Indian River County NOTICE TOTr.ECERTIFICATE HOLDER 14AMEDTOTHE LEFT, BUM FAILURETODOSOSHALL
Fax: 772-770-5140
1800 27th Street IMPOSE NC OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, TS AGENTS CR
Vero Beach FL 32960 REPRESENTATIVES.
25 (2001/08} OACORD
From: Erlttan� caraballc At: 60UWard Insuranoe FaxlD. To: Inolar. Raver County
IMPORTANT
Dere: 10/20/X08 1 1:01 AM Payr S of 3
If the certificate holder is an ADDITIONAL INSURED, the poi;cy(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 endorsemertts).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does rot constitute a contract betweer.
the issuing insurer(s;, authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon.
This bond voids and replaces
one issued on 10/16/2008
SECTION 00610
PERFORMANCE BOND
Bond No, 3344409
Executed in 2 Counterparts
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:
Derrico Construction Corporation,
BY THIS BOND, we 101 West Brevard Drive, Melbourne, FL 32935-1177 (321) 254-2291 as Principal,
and Great American Insurance Comoanv 580 Walnut StE@VL Cincinnati OH 45202 (513) 369-!5000 a corporation, as
Surety, are held and firmly bound unto the Count of Indian River,
Y Florida, In the SUM Of Four Hundred Ninety
Thousand Two Hundred Twenty Nine & No/100ths Dollars $ 497,229.000
), amounting to 100 /o of the total bid price. For the
payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and
severally, for the faithful performance of a certain written Contract, dated the 14t___�_n day of
October 2008, entered into between the Principal and the County of Indian River, for:
Project Name:
County Project Bid Number: 2008072
County UCP Number: 3014
Project Address: Sa_, n Seb
Project Description,
CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The
work is generally described as follows which shall include, but is not necessarily limited to the
following:
Furnish and install about 12,000 LF of 6" PVC water main, 1,500 LF of 4" PVC water
main, 1,500 LF of 211
1
PE water main, 16 fire hydrants, 131 water services and rests ratio
A copy of said Contract is incorporated herein by reference and is made a part he 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 indemnify and save harmless the County of Indian Giver 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, 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
1955480
THIS DOCUMENT HAS BEEN 00610-1
RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FL
BK: 2300 PG:1024, Pagel of 7
10/28/2008 at 10:29 AM,
JEFFREY K BARTON$ CLERK OF COURT
attorney's fees (including appellate proceedings), which the County of Indian River may incur as a
result of the failure of the Principal to properly execute all of the provisions of the Contract.
AND, the said Principal and Surety hereby furtherbind 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 jointly and severally covenant and agree that this Bond will
remain in full force and effect for a period of one year commencing on the date of Substantial
Completion as established on the Certificate of Substantial Completion as issued by the County of
Indian River,
Principal and Surety expressly acknowledge that any and all provisions relating to liquidated
damages contained in the Contract 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 (2007), is incorporated
herein in its entirety by this reference.
IN WITNESS WHEREOF, the above bound parties executed this instrument under their several
seals, this 21st day of October, 20 08 , 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. Owner Address: 1s0LL027thCC Street, Building
//��B
Vero Be, FIL
■�Y■YYY•YYYr.■■Y■■■■■■■r■■t■Y■YY■■r■■rr■Y■e•Y■■rr,rrr�r Y�f Ya rhYYY YYgVo 3rvS (772):V +VVVo ,
Attest
Printed Name and Official Title
Derrico Construction Corporation
Name of Corporation
BY:
(Affix Corporate SEAL)
CERTIFICATE AS TO CORPORATE PRINCIPAL
certify that I am the Secretary of the corporation named as Principal in Ithe
within bond; that �Eo ., 1p deb,, lso� , who signed the said bond on behalf of the Principal was
then 1Pee5,Aon-F of said corporation: that I know his signature, and his signature
00610-2
thereto is genuine; and that said Bond was duly signed, sealed and attested for
corporation by authority of Its governing body.
TO BE EXECUTED BY CORPORATE SURETY:
Attest.
Secretary
gpard Company
>; Marne of.Local Agency
Great American Insurance Company
Corporate Surety
580 Walnut Street, Cincinnati, OH 45202
e j3usiness Address
Jennifer L: McCart
& Florida Licensed
1904 Boothe Circle, Longwood, FL 32750
Business Address
STATE `4F Florida
COUNTY OF Seminole
Inquiries: (407) 834-0022
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
Jennifer L. McCarta , to me well known, who being by me first duly sworn upon oath, says
that he is the attorney-in-fact for the creat American insurance Companyand that he has been authorized by •
Great American Insurance company to execute the foregoing bond on behalf of the CONTRACTOR named
therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this
21st day of October Zp 08,E —
My Commission Expires: 12/simo10
*END OF SECTION*
00610-3
Notary Public, State of Florida.
"f Y comm. exp. Dec. 17, 2010
Comm. No. DD 622977
This bond voids and replaces SECTION 00612 Bond No. 3344409
one issued on 10/16/2008 PAYMENT BOND Executed in 2 Counterparts
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.
Derrico Construction Corporation, 101 West Brevard Drive, Melbourne, FL 32935-1177 (321) 254-2291
Great American Insurance Company, 580 Walnut Street, Cincinnati, OH 45202 (513) 369-5000
Four Hundred NinetySeven Thousand Two Hundred Twenty Nine and No/100ths
KNOW ALL MEN BY THESE PRESENTS:
BY THIS BOND, we * See Above * , as Principal, and `* See Above ** a
corporation, as Surety, are held and firmly bound unto the County of Indian River Florida, in the
sum of *** See Above *** Dollars ($497,_ 22s.oq, amounting to 100% of the
total bid price. For the payment of said sum we bind ourselves, our heirs, executors,
administrators and assigns, jointly and severally, for the faithful performance of a certain written
Contract, dated the 14th day of October , 20 os ,entered into between
the Principal and the County of Indian River, for: Owner Address: 1800 27th Street, Building B
Vero Beach, FL 32960-3365
(772) 567-8000
Project Name:
County Project Bid Number:
County UCP Number:
Project Address,
Project Description:
Assessment arolect
20_
3014
A. CONTRACTOR shall coMplete all work as specified or indicated in the Contract Documents.
The work is generally de,jcribed as follows which shall include, but is not necessarily limited
to the following:
Furnish and install about 12,000 LF of 6" PVC water main, 1,500 LF of 4" PVC water
main, 1,500 LF of. 2" PE water main, 16 fire hydrants, 131 water services and
restoration.
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
oblt!Iation shall be voA; '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.
00612-1
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 Surety hereby waives notice of any such change, extension of time, alterations of or addition
to the terms of the Contract, or to the work or to the Specifications.
The Surety represents and warrants to the County of Indian River that it has a Best's Key Rating
Guide, General Policyholder's rating of "A" and Financial Size Category of Class "X".
The Principal and Surety jointly and severally covenant and agree that this Bond will remain in
full force and effect for a period of one year commencing on the date of Substantial Completion
as established on the Certificate of Substantial Completion as issued by the County of Indian
River.
The Principal and Surety jointly and severally, agree to pay the County of Indian River all
losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that
the County of Indian River sustains because of a default by the Principal under the Contract.
IN WITNESS WHEREOF, the above bound parties executed this instrument under their several
seals, this 21st day of October 20 08 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.
This bond is given to comply with section 255.05 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), Florida Statutes.
Attest,
b11N
Derrico Construction Corporation
Name of Corporation
BY:
Corporate SEAL)
Printed Name
Official Title
certify that I am the Secretary of the corporation named as Principal
in the within bond; that $oh r. p �,� ,+-,,,, , who signed the said bond on behalf of the
Principal was then AP t&1dt.�t of said corporation: that I know his
signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed and
attested for and on behalf of Said corporation by authority of Its governing body.
00612.2
Secretary
Attest:
Secretary
STATE OF Florida
COUNTY OF Seminole
(SEAL),._
.V •Q > ,p. ,..
Great American Insurance Company
Corporate Surety
580 Walnut Street, Cincinnati, OH 45202
Busine Address
A it•111►1t1•t
BY �/ ✓ ... y
(Affix -C rate SEAL) Or ,McC�irte;.
Attorne in a & lorid ent Agent- ;
orney-I F Ct & Florida Lice
Resident Ag n Jennifer L. Mc
Carta
Guignard Company " r' » .••;qc%,
Name of Local Agency '"' ''�•
1904 Boothe Circle, Longwood, FL 32750 .
Business Address
Inquiries: (407) 834-0022
Before me, a Notary Public, duly commissioned, qualified and actin
Jennifer L. McCarta , to me well known, who being by me first duly sworn upon oath, sayersonally sthat
t atrhe
is the attorney-in-fact for the reat erican Insurance Company and that he has been authorized by
American Insurance Company Great
p yto execute the foregoing bond on behalf of the CONTRACTOR named therein in
favor of the County of Indian River,, Florida. Sub,•scribed and sworn to befbre'me this: 21st
October , 20 pg / � M A day of
My Commission Expires: 12/17/2010
`END OF SECTION`
00612-3
of
)OCHAEL JONES
Notary Public, State of Florida
My comm. exp. Dec. 179 2010
Comm. No. DO 622977
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than EIGHT
POWER OF ATTORNEY No, 0 18318
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and exisunder
and by virtue of the laws of the State of Ohio, does hereby nomung inate, constitute and appoint the person or persons named below its true and lawful attorney -in-
fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or
other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed
under this authority shall not exceed the limit stated below.
J.W. GUIGNARD
BRYCE R. GUIGNARD
PAUL J. CIAMBRIELLO
M. GARY FRANCIS
Name
APRIL L. LIVELY
BRETT RAGLAND
MARGIE MORRIS
JENNIFER L. MCCARTA
Address
ALL OF
LONGWOOD, FLORIDA
Limit of Power
ALL
$75,000,000
This Power of Attorney revokes all previous powers issued in behalf of the attorneys) -in -fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 22ND
Attest day of APRIL 2008
GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO, COUNTY OF HAMILTON - ss:
On this 22ND day of APRIL DAVID C. KITCHIN (513.412-4602}
being duly sworn. deposes and says that he resides in Cincinnati, Ohio, that lie 0i08 a Divisional nal Senior Vicpersonale President oly appearedf dheVBo d Di iron of Greats American
Insurance Company, the Company described in and which executed the above instrument; that he knows the. seal of the said Cornpany; that the. seal affixed to the
said a instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto
by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated March 1, 1993.
RESOLVED: That the Divisional President, the Divisional Senior Vice President, the several Divisional Vice Presidents and Divisonal Assistant Vice
Presidents, or any one of them, be and hereby is authorized, front time to time, to appoint one or more Attornevs-in-Fact to execute. on behal%nf the Company,
as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature theregf, to prescribe their respective duties and
the respective limits gf their authority; and to revoke any such appointment at any tile.
RESOLVED FURTHER: That the Company seal and the signature oj'aty of the aforesaid officers and anv Sec•retary or Assistant Sec•reiary of the
Cnmpmiy' ntav be affixed by facsimile to any power ojattornev or certificate of either given for the execution of arty booth, undertaking, contract or suretyship,
or other written obligation in the nature thereof, such signature art! seal when so used being hereby adopted by the Company as the original signature of such
of and the original seal oj'1he• Compare, to be valid and binding upon the Company with the same force turd effect as though manually of/fired.
CERTIFICATION
I. RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of
Resolutipns of the Bgard of Directors of March 1, 1993 have not been revoked and are now in full force and effect.
na kiehlcd this21 s day of October 2008
. `i-si.,.
S1Di(W07. i`
4
Mdlot ttitt•6tttt
to%
Attorney and the