HomeMy WebLinkAbout2004-200A BK : 1778 PG : 779
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* * * * * Bond # OCN545279
PAYMENT BOND
* * The American Institute of Architects, AIA Document No. A312
* * * (December, 1984 Edition). Any singular reference to Contractor, Surety,
* k Owner or other party shelf be considered plural where applicable .
CONTRACTOR (Name and Address) : SURETY (Name and Principal Place of Business):
Underground Utilities, Inc. Old Republic Surety Company
390 - 21st Street, S.E. P.O. Box 4668
Vero Beach, FL 32962 Wiener Patio FL 32793.4668
772-2994113 407-677-0080
OWNER (Name and Address):
Indian River County Board of County Commissioners
2625 - 19th Avernic
Vero Beach, FL 32960
772-567-80005 Ext. 1416
CONSTRUCTION CONTRACT
Date :
Amount $ 167,500.
Description (Name and Location): IRC Bid if 60SS; Water Main Project along U.S. Highway 01 from Garden Grove to Grove Isle Estates
BOND
Date (Not earlier then Construction Contract Data):August 26, 2004
Amount $ 167,000.00
Modifications to this Bond: ® None ❑ Sao Page 2
CONTRACTOR AS PRINCIPAL SURETY
Company : o (Corporate Seat) Company: ;• ' (Corporots 'Ssaq
Utdergrotmd,Utilitiac,;inc. Old Republic Surety Company _
F.
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Stgnahue! g �� r Signature : +
Nami01 J . idem b
• , Name and : James E, Dickmoyer, Attorney- set ato -
.'' Florida Resident Agent
fAny ad not sic on peas 2.
(FOR IN llt)/t ill l •Y —Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other
AGENT or SRO The Didoneyer Agency party):
607 tit. Lucie O isoes, Sown, FL 34994
1 The Contractor and the Surety, Jointly and severalty, bind them- 4.1 Claimants who aro employed by or have a direct contract with the
selves, their heirs, executors, sdmInlstretors, successors and assigns Contractor have given nodoe to the Surety (at the address described
to the Owner to pay for labor, materials and equipment furnished for In Paragraph 12) and sent a copy, or notice thereof, to the Owner,
use In the performance of the Construction Contract, which is incor- stating that a claim Is being made under this Bond and, with sub-
porated herein by reference . stentMi accuracy, the amount of the claim.
2 With respect to the Owner, this obligation shall be null and void if 4.2 Claimants who do not have a direct contract with the Contractor:
the Contractor: .1 Have furnished written notice to the Contractor and sent a copy,
2.1 Promptly makes payment, directly or indirectly, for all sums due or notice thereof, to the Owner, within 90 days after having last
Claimants, and performed labor or led fiardsthed materials or equipment included
2.2 Defends, Indemnities and holds harmless the Owner from In the claim stating, with substantial accuracy, the amount of the
claims, demands, liens of wits by any person or entity whose claim and the name of the party to whom the materials were fur-
claim , demand, Iron or suit is for the payment for labor, materials nished or supplied or for whom Oro labor was done or performed;
or equipment furnished for use In the performance of the Construe- and
tion Contract, provided the Owner has promptly notified the Con- .2 Have either received a rejection In whole or In par from the Con-
tractor and the Surety (at the address described in Paragraph 12) tractor, of not received within 30 days of furnishing the above notice
of any claims; demands, lions or suits and tendered defense of any communication from On Contractor by which the Contractor
such claims, demands, Dens or sults to the Contractor end the has Indicated the claim will be paid directly or Indirectly; and
Surety, and provided there Is no Owner Default. .3 Not having been paid within the above 30 days, have sent a
3 With respect to Claimants, this obligation shall be null and void If written notice to the Surety (at the address described in Paragraph
the Contractor promptly makes payment, directly or indirectly, for all 12) and sent a copy, or notice thereof, to the Owner, stating that
sums due . a claim is being made under this Bond and enclosing a copy of
4 The Surety shall hove no obligation to Claimants under this Bond until: the previous written notice furnished to the Contractor.
On c 221 14 (7-031 Paige 1 of t
BK : 1778 PG : 780
5 if a notice required by Paragraph 41s given by the Owner to the Con- Paragraph are void or prohibited by law, the minimum period of
limi-
tractor or to the Surety, that Is suf8clent compliance. tatlon available to sureties as a defense in the jurisdiction of the suit
Often the Claimant has satisfied the conditions of Paragraph 4, the shall be applicable.
Surety shell promptly and at the Surety's expense take the following 12 Notice to the Surety, the Owner or the Contractor shall be mailed
actions: or delivered to the address shown on the signature page. Actual
8.1 Send an answer to the Claimant, with a copy to the Owner, receipt of notice by Surety, the Owner or the Contractor, however
within 45 days after receipt of the claim, stating the amounts that accomplished, shall be sufficient compliance as of the date received
are undisputed and the basis for challenging any amounts that are at the address shown on the signature page.
disputed . 13 When this Bond has been furnished to comply with a statutory or
6.2 Pay or arrange for payment of any undisputed amounts. other legal requirement in the location where the construction wee
7 The Surety's total obligation shag not exceed the amount of this to be performed, any provision In this Bond concocting with sold statu-
Bond, and the amount of this Bond shall be credited for any payments tory or legal requirement shall be deemed deleted herefrom and
made In good faith by the Surety, provisions conforming to such statutory or other legal requirement
8 Amounts owed by the Owner to the Contractor under the Construo• shag be deemed Incorporated herein. The intent is that this Bond shag
tion Contract shall be used for the performance of the Construction be construed as a statutory bond and not as a common law bond.
Contract and to satisfy claims, if any, under any Construction Perfor- 14 Upon request by any person or entity appearing to be a potential
mance Bond. By the Contractor furnishing and the Owner accepting beneficiary of this Bond, the Contractor shall promptly furnish a copy
this Bond, they agree that all funds earned by the Contractor in the of this Bond or shall permit a copy to be mode.
performance of the Construction Contract aro dedicated to satisfy obli- 15 DEFINITIONS
gations of the Contractor and the Surety under this Bond, subject to 15. 1 Claimant: An Individual or entity having a direct contract
with
the Owners priority to use the funds for the, completion Of the work the Contractor or with a subcontractor of the Contractor to furnish
9 The Surety shall not be liable to the Owner, Claimants or others for labor, materials or equipment for use in the performance of the
obligations of the Contractor that are unrelated to the Construction Contract The Intent of this Bond shall be to Include without Jim!-
Contract The Owner shall not be liable for payment of any costs or tstion in the terms "labor, materials or equlpmenr that part of
expenses of any Claimant under this Bond, and shalt have under this water, gas, power, light, heat, off, gasoline , telephone service or
Bond no obligation to make payments to, give notices on behalf of, rental equipment used in the Construction Contract, architectural
or otherwise have obligations to Claimants under this Bond. and engineering services required for performance of the work of
10 The Surety hereby waives notice of any change, Including Mangos the Contractor and the Contractors subcontractors, and all other
of time, to the Construction Contract or to related subcontracts, pur- hems for which a meehanWs lien may be asserted in the jurisdic-
chase orders and other obligations. ton where the labor, materials or equipment were furnished .
11 No suit or action shall be commenced by a Claimant under this 16.2 Construction Contract The agreement between the Owner
Bond other than in a court of competent jurisdiction in the location and the Contractor identmed on the signature page, Including all
In which the work or part of the work is located or after the expiration Contract Documents and changes thereto.
of one year from the date (1 ) on which the Claimant gave the notice
required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the lost 15.3 Owner Default: Failure of the Owner, which has neither been
labor or service was performed by anyone or the last materials or remedied tar waived, to pay the Contractor as required by the Con-
equipment were furnished by anyone under the Construction Con- srructlon Contract or to perform and complete or comply with the
tract, whichever of ( 1 ) or (2) first occurs. If the provisions of this other terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space Is provided below for additional signatures of added partes, other than those appearing on the cover page. )
CONTRACTOR AS PRINCIPAL SURETY (Corporate Seat)
Company: (Corporate Seal) Company :
Signature: Signature :
Name and Title : Name and Title:
Address: Address:
Pape 2 of 2
BK : 1778 PG : 781
* * * *
*.• * Old Republic Surety Company
*
OLD �PLBLIC 1025 South Semoran Blvd. , Suite 1085, Winter Park, FL 32792
L.v (800)-2774663)
DATE: 8/26/04
Old Reoubiic Insurance Company (Old Reoubiic) 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: OCN545279
PRINCIPAL: Under round Utilities , Inc .
OBLIGEE: Ind an River County Board of County Commissioners
RIDER - POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM INSURANCE COVERAGE
Rider has been provided to Principal and Obligee .
Coverage for acts of terrorism is included in the captioned bond. You should know that, effective November 26 ,
2002, under that bond, any losses caused by certified acts of terrorism would be partially reimbursed by the
United States under a formula established by federal law. Under this formula, the United States pays 90% of
covered terrorism losses exceeding the statutorily established deductible paid by Old Republic. The established
annual deductible is equal to 7% of the prior years direct earned premium written by Old Republic for losses
incurred in 2003 , 10% for losses incurred in 2004, and 15% for losses incurred in 2005. Payment for a loss will not
exceed the limit 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.
As defined In Section 102(1 ) of the Terrorism Risk Insurance Act of 2002, a certified "act of terrorism" means any
act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney
General of the United States, to be an act of terrorism. To be certified, the act of terrorism must be: 1 ) a violent
act or an act that is dangerous to human life, property, or infrastructure; 2) have resulted in damage within the
United States, or outside the United States in the case of an air carrier or vessel , or the premises of a United
States mission; and 3) have been 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 premium you have been charged for this bond includes terrorism coverage, for a premium of $ 35 . 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 UNDER
THE ACT.
Note: If you re ect the coverane, You must check the box below, slan this form and return it to the
address shown above. The premium will be cre
❑ 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 . 1�. \ i A , , ,
The undersigned agrees that this election will apply only to this bond.
�%� •.
�i
James E. Lee Bond Obli ee's Signature
Vice President - Old Republic Insurance Company ' a� —�G 0005 4 . . . . . .
President - Old Republic Surety Company Print Name 0115'1
Vice President - Bituminous Casualty Corporation
Vice President - International Business & Mercantile
REassurance Co. Date
ORSC 22836 (1 /2003) Attach to all contract bonds as a cover page.
BK : 1778 PG : 782
� k �W REMLIC
** * * surety Company POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation,
does make, constitute and appoint:
JAMES E . DICKMEYER , OF STUART , FL
its true and bwki Attbmey(s)-in-Fact. with rut power and authority for -end on behalf of the Company as surety, to execute and deliver and affix the
seal of the
oanp ry thereto (if a seal Is required), bands, undertakings, re ices or other written obligations in the nature thereof, (other than bail binds,
bar kdeposl ory
bonds, mortgage deficiency bands, mortgage grim" tiondso guarantees of instalment paper and rote guaranty bads, sW4 stxanos workers omVers3ion
bai guaranteeing payment of beneft, asbestos abaterneru contract bonds, waste management bonds hazardous waste rarrnedtation ba orbade Ing bor>ds).
as follows:
ALL WRITTENINSTRUMENTS IN AN AMOUNT NOT TO EXCBED .AN AGGREGATE OF
TWO MILLION DOLLARS ( $ 2 , 000 , 000 ) - - ,.� - - _ _ . � _ _ _ _ � _ FOR ANY SINGLE
08LIGATION, REGARDLESS OF THE NUMB$R 07, INSTRUMENTS ISSU D 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 spectet meeting field on February 18, 1982. This Rower of Attorney is signed and sealed
by facsimile under and byy 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 attomeys-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 attomey-in-fact or agent and revoke any
Power of Attorney previously granted to such person.
RESOLVED FURTHER that any band undertaking, mcognizarm or snselyslip cbIgabon " bevalid and bindng upon the Corrparry
(1) wtisn sgned byte per. any vice president or assistant vice president, and attested and seated (it a seal be required) by any seaetaryorassistant
setxetary; or
(ii) Nlneri signed by the president, any vim president or assistantvice president, secretary or assistant secretary, end oounterskgnedand sealed (t a seal
be required) by a duty d attom
authornYaat 4i-fact or agent; or
(iii) when duly executed and sealed (t a seal be required) by. one or more atlomeys-I n-factor agents pursuant to and within the Frits of Via authority
evidenoed by the Power of Attorney issued by the company to such person or persons,
RESOLVED FURfHERothatthe signature of any sulftortzed officer and the sed of the oanpary may be affixed by facsimile to any PiDwerof Attorney or
j oeri ficatbn thatecf authorizing the simatlbn and delvery of any bond, u ndertal*4 recognizance, or otter suretyship obkaGons of ane omperyand 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 these presents to be signed by its proper officer, and its
corporate seal to be affixed this 15TH day of APRIL 2003
OLD REPUBLIC SURETY COMPANY
Assonant 9si - e „M y f President
STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS
On this 15TH day of APRIL 2003 personally came before me, JAMES E. LEE
and DAVID G . MEN EL to me known to be the individuals and of scam of the OLD REPUBLIC SURETY COMPANY who executed the above
Instrument, and they each acknowledged the execution of the sante, and being by me duly swom, did severalty 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.
00 -
Notary PUtilic
02 / 13 /2005
My commission expires:
CERTIFICA 1 ~ `
1 , the utt, etary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the
foregoing ant[4 t P ' remalrta in ful throe and has"not been revoked; and furthermore, that the Resolutions of the board of
dirgctor�. s� they, are now in force.
din?
P.•
26 2004
and sealed at the. City of BiookflaK WI this ' day of August ,
.. u.at �a.ty.�iL�.L
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