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Home My WebLink About2004-244 oy ' TLA 0 ` INDIAN RIVER COUNTY EMERGENCY CONTRACT [Hurricane Frances and Hurricane Jeanne] [Sheriff' s Office] THIS INDIAN RIVER COUNTY EMERGENCY CONTRACT ( "Agreement" or " Contract" ) , entered into as of this 28th day of September, 2004 by and between INDIAN RIVER COUNTY , a political subdivision of the State of Florida , ( "County" ) and BARTH CONSTRUCTION , INC . , 1717 Indian River Blvd . , Suite 202A , Vero Beach , FL 32960 ("Contractor" ) . BACKGROUND RECITALS : WHEREAS , EXECUTIVE ORDER NUMBER 04- 192 ( Emergency Management ) was issued by Jeb Bush , the Governor of the State of Florida on September 1 , 2004 that declared that Hurricane Frances , alone and in combination with the destruction by Hurricane Charley, threatens the State of Florida with a catastrophic disaster; and WHEREAS , EXECUTIVE ORDER NUMBER 04- 192 ( Emergency Management) declared that a state of emergency exists in the State of Florida for sixty (60 ) days from September 1 , 2004 , unless extended ; and WHEREAS , EXECUTIVE ORDER NUMBER 04 -206 ( Emergency Management ) dated September 10 , 2004 , extended , due to Hurricane Ivan , the state of emergency that exists in the State of Florida for sixty ( 60 ) days from September 10 , 2004 , that is , until November 10 , 2004 , unless further extended ; and WHEREAS , EXECUTIVE ORDER NUMBER 04 -217 ( Emergency Management ) dated September 24 , 2004 , extended , due to Hurricane Jeanne , the state of emergency that exists in the State of Florida for sixty (60 ) days from September 24 , 2004 , that is , until November 24 , 2004 , unless further extended ; and WHEREAS , Section 8 of each of the aforementioned EXECUTIVE ORDERS found that the special duties and responsibilities resting upon some state , regional and local agencies and other governmental bodies in responding to the disaster may require them to deviate from the statutes , rules , ordinances , and orders they administer, and therefore gave such agencies and other governmental bodies the authority to take formal action by emergency rule or order in accordance with Sections 120 . 54 (4 ) and 252 . 46 (2 ) , Florida Statutes , to the extent that such actions are needed to cope with this emergency; and WHEREAS , by operation of law , the aforementioned EXECUTIVE ORDERS , Florida Statutes sections 252 . 36 , 252 . 38 , and 252 . 46 , and Indian River County Resolutions 2004 — 95 , 2004 — 096 , and 2004 - 118 , the Indian River County Board of 1 County Commissioners sitting as the Board of Commissioners of the Emergency Services , District of Indian River County has the authority to issue orders and rules during the period of the declared emergency, and has delegated the ability to enter into Emergency Contracts for Indian River County to the County Administrator; and WHEREAS , pursuant to Florida Statutes Section 255 . 20 ( 1 ) (c ) 1 (2004 ) the competitive bidding requirements generally applicable to counties where a public construction work must be competitively awarded where the total construction project cost is more than $ 200 , 000 or, for electrical work more than $ 50 , 000 , are not applicable where a project is under taken to replace , reconstruct , or repair an existing facility damaged or destroyed by a sudden unexpected turn of events , such as an act of God , riot , fire , flood , accident or other urgent circumstances , and such damage or destruction creates an immediate danger to the public health or safety ; other loss to public or private property which requires emergency government action ; or an interruption of a essential government service ; and WHEREAS , Indian River County hereby finds that the declared emergency and damage and destruction caused by Hurricane Frances has caused Indian River County to sustain damage to an existing facility , i . e . , the Indian River County Sheriff' s Office , located at 4055 41St Avenue , Vero Beach , FL 32960 , and such damage and destruction creates an immediate danger to the public health or safety; other loss to public property which requires emergency government action ; and an interruption of the essential government service of providing police protection to the citizens of Indian River County , all as set forth in Florida Statutes Section 255 . 20 ( 1 ) (c) 1 ; and WHEREAS , Indian River County hereby finds that the declared emergency and damage and destruction caused by Hurricane Jeanne has caused Indian River County to sustain additional damage to an existing facility , i . e . the Indian River County Sheriff' s Office , located at 4055 41St Avenue , Vero Beach , FL 32960 , and such damage and destruction creates an immediate danger to the public health or safety; other loss to public property which requires emergency government action ; and an interruption of the essential government service of providing police protection to the citizens of Indian River County , all as set forth in Florida Statutes Section 255 . 20 ( 1 ) ( c) 1 ; and WHEREAS , the County has requested that the Contractor submit a proposal to perform the Work (as hereinafter defined ) on the Project ( as hereinafter defined ) on the terms and conditions set forth in this Agreement , and the Contractor has agreed to perform the Work on the Project on the terms and conditions set forth in this Agreement . NOW, THEREFORE , in accordance with the mutual covenants herein contained and other good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged , this Emergency Contract is issued for the purposes set forth herein , and the parties agree as follows : 1 . BACKGROUND RECITALS . The Background Recitals are true and correct and form a material part of this Agreement . 2 2 . WORK . The work under this Contract shall be as more fully set forth in Exhibit A attached to this Contract and made a part hereof by this reference (collectively , the 'Work 11 ) in connection with the County's repair of the Indian River County Sheriff' s Office ( " Project" ) . The parties acknowledge and agree that the Contractor has received a set of engineer drawings for the Indian River County Sheriff' s Office from the County , and that the foregoing drawings are not attached to this Contract due to their voluminous nature . It is mutually agreed between the parties hereto that time is of the essence of this Contract . 2 . 1 . Extra or Additional Work . Without invalidating this Contract , the County may at any time , by written change order and without preliminary notice to the surety , order extra work within the general scope of this Contract ; request additional work ; or alter the work by addition or reduction , and the contract price will be adjusted accordingly . 2 . 2 . Suspension of work . The County shall have the right to suspend work wholly or in part for such period or periods as may be deemed necessary due to unsuitable weather or other conditions which the County considers unfavorable for the work to proceed . No delay damages or allowance of any kind will be made for such suspension of work ; Contractor' s sole remedy shall be an extension of time for completion of the Contract . 2 . 3 . Coordination/Cooperation . The County and its authorized representatives shall be permitted proper and safe access to the Work at the Project site , and all reasonable opportunity for the inspection of all Work and materials at the Project . The County reserves the right to perform activities in the area where Work is being done under this Contract with its own forces . The County reserves the right to permit other Contractors to work within the area where Work is being done under this Contract . Contractor shall afford the County , and other Contractors , proper and safe access to the Work at the Project site , and all reasonable opportunity for the introduction and storage of their equipment , materials and the execution of their work concurrently . Contractor shall not endanger any work of others by cutting , excavating , or otherwise altering their work and will only cut or alter their work with the written consent of the County' s project manager and the others whose work will be affected . The County shall have sole authority and responsibility for such coordination . The County' s project manager is Lynn Williams , Indian River County Building and Grounds Superintendent . 2 . 4 , Differing Site Conditions , The Contractor shall promptly , and before such conditions are disturbed , notify the County in writing of: ( 1 ) subsurface or latent physical conditions at the Project site differing materially from those indicated in this Contract ; or (2 ) unknown physical conditions at the Project site of an unusual nature , differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in this Contract . The County will promptly investigate the conditions , and if the County finds that such conditions do materially so differ and cause an increase or decrease in the Contractor' s cost of, or the time required for, performance of any part of the Work under this Contract , an equitable adjustment shall be made and the Contract modified in writing accordingly . 2 . 5 . Independent Contractor. Contractor represents that it is fully experienced and properly qualified to perform the Work under the Contract and that it is properly licensed , equipped , organized and financed to perform such Work . Contractor shall act as an 3 independent Contractor and not as the agent of County in performing the Work under this Contract , maintaining complete control over its employees and all of its suppliers and subcontractors . The Contractor shall supervise and direct the Work and shall be solely responsible for the means , methods , techniques , sequences and procedures of construction subject to compliance with this Contract . 2 . 6 , Subcontractors , The Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons and organizations directly or indirectly employed by them to the same extent that it is responsible for the acts and omissions of persons directly employed by Contractor. Nothing in this Contract shall create any contractual relationship between the County and any subcontractor or other person or organization having a direct contract with Contractor, nor shall it create any obligation on the part of the County to pay or to see to the payment of any monies due any subcontractor or other person or organization , except as may otherwise be required by law . 2 . 7 . Jobsite Conditions . Contractor shall comply with , and shall cooperate with , the County and the Indian River County Sheriff' s Office in enforcing jobsite conditions and job work rules which directly affect the performance of the Work including but not limited to starting and quitting time , smoking regulations , check- in and check-out procedures , jobsite safety regulations and security regulations , emergency plans and procedures , and daily clean - up . 2 . 8 . Risk of Loss . Until final acceptance of the Work by the County pursuant to this Contract , the Contractor shall have full and complete charge and care of and shall bear all risk of loss of, and injury or damage to , the Work or any portion thereof (specifically including County furnished supplies , equipment or other items to be used in connection with , or incorporated in , the Work) from any cause whatsoever. 2 . 9 . Contractor- Furnished Materials , Equipment and Workmanship . Only new, unused items of recent manufacture , of designated quality , but in no event less than the standard quality for the improvements , free from defects , will be accepted . Rejected items shall be removed immediately from the Work and replaced with items of specified quality . Failure by the County to order removal of rejected materials and equipment shall not relieve the Contractor from responsibility for quality of the materials supplied nor from any other obligation under this Contract . The County's project manager has the authority to disapprove or reject Work which is defective (as herein defined ) ; and to require special inspection or testing of the Work , whether or not the Work is fabricated , installed , or completed . Defective Work is Work that : is unsatisfactory, faulty or defective ; does not conform to the requirements of this Contract ; does not meet the requirements of any inspection , test or approval referred to in this Contract ; or has been damaged prior to final acceptance by the County . 2 . 10 . Use of Proiect Site . Contractor shall confine his apparatus , storage of materials , and operations of his workers to limits indicated by law , ordinances , permits , and directions of the County, and shall not unnecessarily encumber any part of the site . Contractor shall not overload or permit any part of any structure to be loaded with such weight as will endanger its safety, nor shall he subject any part of the Work to stresses or pressures that will endanger it . The Contractor shall enforce the County' s instructions in connection with 4 Signs , advertisements , fires and smoking . The Contractor shall arrange and cooperate with County in routing and parking of automobiles of its employees , subcontractors and other personnel , and in routing material delivery trucks and other vehicles to the Work site . Contractor shall not establish any commercial activity or issue concessions or permits of any kind to third parties to establish commercial activities on the Project site or lands owned or controlled by County. Contractor shall not allow its employees to engage in any commercial activities on the Project site . 2 . 11 . Laws and Regulations . The Contractor shall give all notices and at all times comply with all applicable laws , codes , ordinances , rules and regulations in effect during the time of performance of the Work . Without limiting the generality of the foregoing , Contractor covenants and agrees that the Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Agreement with the respect to hiring , tenure , terms , conditions or privileges of employment , or any matter directly or indirectly related to employment because of age , sex , physical handicap (except where based on a bona fide occupational qualification ) , marital status , race , color, religion , creed , national origin , or ancestry . 2 . 12 . Shop Drawings and Submittals . The procedures for shop drawings and submittals , if required under this Contract , shall be set forth in Exhibit B , attached to this Contract and made a part hereof by this reference . 3 . CONTRACT PRICE , The County shall pay the Contractor the lump sum amount for the Work at the price (s ) stated on Exhibit A upon completion and final acceptance of the Work by the County' s project manager. No additional payment shall be made to the Contractor except for additional work or materials as stated on a valid change order issued by the County prior to the performance of the additional work or delivery of materials . The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for the Project by the Board of County Commissioners of Indian River County. 3 . 1 Payments to Contractor. The Contractor shall submit completed monthly partial payment requests covering the Work performed during the period covered by the partial payment request to the County' s project manager. Such partial payment requests shall be supported by such data as the County may reasonably require . The payment request will either be approved by the County , or be returned to the Contractor with the reasons for refusing to approve the payment in writing . In the latter case , the Contractor may make the necessary corrections and resubmit the partial payment request . The County will pay the Contractor progress payment on the basis of the approved partial payment request in accordance with the provisions of the Florida Prompt Payment Act , Section 218 . 70 , Florida Statutes , et seq . The County shall retain ten ( 10 ) percent of the payment amounts due to the Contractor until final completion and acceptance of all Work to be performed by the Contractor under the Contract Documents . Each request for a partial payment shall be submitted on County—provided forms , and accompanied by the certification of Contractor. 3 . 2 . Contractor' s Warranty of Title . The Contractor warrants and guarantees that title to all Work covered by an Application for Payment , whether incorporated in the Work or not , shall pass to the County prior to the making of the Application for Payment , free and 5 clear of all liens , claims , security interests , purchase money security interest , chattel paper or encumbrances of any nature whatsoever. The Contractor shall make the following certification (Affidavit) on each request for payment : " I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this Work and payment received from the last request for payment has been used to make payments to all subcontractors , laborers , materialmen and suppliers except as listed below : --------" 3 . 3 . Project Certification Documents . Prior to submitting an invoice for Final Payment , Contractor shall provide the following : a ) Certification statement that "The Work has been completed in accordance with the Contract" ; b ) final lien waivers from laborers , materialmen , subcontractors or sub-subcontractors (as each term is defined in Florida Statutes section 713 . 01 (2004 ) ; and c) consent of the Surety to final payment and/or partial release of retainage . 3 . 4 . Final Completion . Upon final completion and acceptance of the Work the entire balance found to be due to the Contractor, including the retainage , but except such sums as may be lawfully retained by the County , shall be paid to the Contractor within thirty ( 30 ) days of final completion and acceptance of the Work . 3 . 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 County 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 County and others relating to or arising out of the Work under this Contract . Any payment , however, final or otherwise , shall not release the Contractor or its sureties from any obligations under the Contract or the Payment and Performance Bonds . 3 . 6 . Audit , The Contractor agrees that the County or any of its duly authorized representatives shall , until the expiration of three ( 3 ) years after final acceptance of the Work , have access to and the right to examine any and all books , documents , papers , and records of the Contractor involving transactions related to this Agreement and the Work constructed hereunder. The Contractor agrees that payment(s ) made under this Agreement shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination to constitute non -allowable costs under this Agreement . The Contractor shall promptly refund by check payable to the County the amount of such reduction of payments . All required records shall be maintained until the later of an audit is completed and all questions arising therefrom are resolved , or six (6 ) years after completion of the Work and issuance of the final completion certificate . 4 . PERFORMANCE GUARANTEE AND WARRANTY . Contractor warrants all equipment , materials , and labor furnished or performed under this Contract , against defects in design , materials and workmanship for a period of twelve months from and after Substantial Completion of the Work under this Contract , regardless of whether the same were furnished or performed by Contractor or by any of its subcontractors . Contractor agrees to remedy promptly and without cost to County , any defective materials or workmanship that appear within one ( 1 ) year from the date of completion of the work . Contractor and its 6 Surety shall be liable for the satisfaction and full performance of the warranties as set forth herein and any damage to other parts of the Project caused by the Contractor's failure to perform pursuant to this Contract . The Contractor shall commence work to remedy or replace the defective or deficient Work within five (5 ) calendar days after receiving written notice from the County. If the Contractor fails to remedy or remove or replace that Work or material which has been found to be defective , then the County may remedy or replace the defective or deficient Work at the Contractor's expense . The Contractor shall immediately pay the expenses incurred by the County for remedying the defects . The County and Contractor agree that a warranty inspection shall be scheduled no later than eleven ( 11 ) months after final payment under this Contract so that the County and the Contractor may inspect and otherwise examine the Work prior to the expiration of the Performance Bond . No Work defective in construction or quality , or deficient in meeting any requirement of the Contract , will be acceptable regardless of County's failure to discover or to point out defects or deficiencies during construction ; nor will the presence of field representatives at the Work or the satisfaction of the Work meeting applicable code requirements relieve Contractor from responsibility for the quality of Work as required by the Contract . 5 . INSURANCE , The Contractor shall procure and maintain , during the life of this Agreement , insurance of the types and in the amounts set forth in Exhibit C attached to this Contract and made a part hereof by this reference . 6 . INDEMNIFICATION . Contractor agrees to indemnify and hold harmless the County , together with its agents , employees , elected officers and representatives , from liabilities , damages , losses , and costs , including but not limited to , reasonable attorney's fees , to the extent caused by the negligence , recklessness or intentionally wrongful conduct 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 . 7 . TERMINATION , The County reserves the right to terminate this Contract by giving thirty (30 ) days notice in writing , of the intention to terminate , if at any time the Contractor fails to abide by or fulfill any of the terms and conditions of the contract . The County also reserves the right to terminate this Contract : for the convenience of the County , with or without cause ; or if the Contractor submits a false invoice to the County , all upon ten ( 10 ) days notice in writing . 8 . PUBLIC DISCLOSURE STATEMENT . Any entity entering into a contract with the COUNTY shall disclose any relationship that may exist between the contracting entity and a County Commissioner or County employee . The relationship with either must be disclosed as follows : Father, mother, son daughter, brother, sister, uncle , aunt , first cousin , nephew , niece , husband , wife , father- in -law , mother- in - law , daughter- in - law , son - in - law , brother- in -law , sister- in - law , stepfather, stepmother, stepson , stepdaughter, stepbrother, half brother, half sister, grandparent , or grandchild . The term "affiliate " includes those officers , directors , executives , partners , shareholders , employees , members , and agents who are active in the management of the entity . Contractor has made the required disclosure of relationships on the required form attached to this Agreement and made a part hereof by this reference . 7 9 . PUBLIC ENTITY CRIMES Pursuant to Florida Statutes Section 287 . 133 (2 )(a ) (2004 ) , the Contractor is hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity , and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287 . 017 for CATEGORY TWO [currently $25 , 000] for a period of 36 months from the date of being placed on the convicted vendor list . 10 . PAYMENT BOND , The Contractor shall , upon execution and return of this Agreement to the County , furnish a Payment Bond in the required form covering the faithful performance of this Agreement and the payment of all obligations arising hereunder in the amount of one hundred percent ( 100 % ) of the total Contract Price with a Surety included in the most recent United States Department of the Treasury List of Acceptable Sureties and authorized to issue surety bonds in Florida . A complete copy of the fully executed Payment Bond shall be posted in a conspicuous place at the Project site . The form of the Payment Bond is attached to this Contract as Exhibit D and made a part hereof by this reference . The completed Payment Bond must be satisfactory to the County , and the Contractor shall coordinate with the County as to the recording of the Payment Bond in the public records of Indian River County as required by the Florida Statutes . 11 . PERFORMANCE BOND . The Contractor shall , upon execution and return of this Agreement to the County , furnish a Performance Bond in the required form in the amount of one hundred percent ( 100 % ) of the total Contract Price with a Surety included in the most recent United States Department of the Treasury List of Acceptable Sureties and authorized to issue surety bonds in Florida . A complete copy of the fully executed Performance Bond shall be posted in a conspicuous place at the Project site . The Contractor guarantees the Work to be free from defects for a period of one ( 1 ) year from final payment by the County , in accordance with the guarantee requirements of the Contract and the Performance Bond . The form of the Performance Bond is attached to this Contract as Exhibit E and made a part hereof by this reference . The completed Performance Bond must be satisfactory to the County, and the Contractor shall coordinate with the County as to the recording of the Performance Bond in the public records of Indian River County as required by the Florida Statutes . 11 . 1 . Surety . If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its authorization to do business in the State of Florida is terminated or it ceases to be listed on the United States Department of Treasury List of Acceptable Sureties , Contractor shall within five ( 5 ) days thereafter substitute another Bond and Surety, each of which shall be in accordance with the Contract and acceptable to County . 12 . CONTRACT INTERPRETATION . All claims of Contractor and all questions the Contractor may have concerning interpretation or clarification of this Contract or its acceptable fulfillment shall be submitted immediately in writing to County for resolution . The County , or its representatives , shall render its determination concerning such resolution , which determination shall be considered final and conclusive . At all times , Contractor shall carry on the Work and maintain the progress schedule in accordance with 8 the requirements of the Contract and the determination of the County , pending resolution of any dispute . 13 . FEDERAL AND STATE TAXES . The County is exempt from payment of Florida State Sales and Use Taxes . The Contractor shall not be exempt from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the County , nor is the Contractor authorized to use the County's Tax Exemption Number in securing such materials . The Contractor shall be responsible for payment of all federal , state , and local taxes and fees applicable to the Work and same shall be included in the Contract Price . 14 . MERGER ; MODIFICATION . This Agreement incorporates and includes all prior and contemporaneous negotiations , correspondence , conversations , agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments , agreements , or understandings of any nature whatsoever concerning the subject matter hereof that are not contained in this document . Accordingly , it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements , whether oral or written . No alteration , change , or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Contractor and the County. 15 . GOVERNING LAW ; VENUE . This Agreement , including all attachments hereto , shall be construed according to 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 . 16 . REMEDIES ; NO WAIVER . All remedies provided in this Agreement shall be deemed cumulative and additional , and not in lieu or exclusive of each other or of any other remedy available to either party , at law or in equity . Each right , power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right , power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise . The failure of either party to insist upon compliance by the other party with any obligation , or exercise any remedy , does not waive the right to so in the event of a continuing or subsequent delinquency or default . A party' s waiver of one or more defaults does not constitute a waver of any other delinquency or default . If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute , breach , default or misrepresentation in connection with any provisions of this Agreement , each party shall bear its own costs . 17 . SEVERABILITY . If any term or provision of this Agreement or the application thereof to any person or circumstance shall , to any extent , be held invalid or unenforceable for the remainder of this Agreement , then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected , and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law . 9 18 . NO PLEDGE OF CREDIT . The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract , debt , obligation , judgment , lien or any form of indebtedness . 19 . PUBLIC RECORDS . The Contractor shall comply with the provisions of Chapter 119 , Florida Statutes ( Public Records Law) in connection with this Agreement . 20 . NOTICES . Any notice , request , demand , consent , approval , or other communication required or permitted by this Agreement shall be given or made in writing and shall be served , as elected by the party giving such notice , by any of the following methods : (a ) Hand delivery to the other party ; ( b ) Delivery by commercial overnight courier service ; or (c) Mailed by registered or certified mail ( postage prepaid ) , return receipt requested at the addresses of the parties shown below : County : INDIAN RIVER COUNTY Attn : Lynn Williams , Project Manager 184025 th Street , Vero Beach , FL 32960-3365 Phone : ( 772 ) 226- 1419 Fax : (772 ) 770- 5095 Contractor: BARTH CONSTRUCTION , INC . 1717 Indian River Blvd . , Suite 202A Vero Beach , FL 32960 Phone : ( 772 ) 778-3072 Fax : ( 772 ) 770- 3017 Notices shall be effective when received at the address as specified above . Facsimile transmission is acceptable notice effective when received , provided , however, that facsimile transmissions received ( i . e . , printed ) after 5 : 00 p . m . or on weekends or holidays , will be deemed received on the next day that is not a weekend day or a holiday . The original of the notice must additionally be mailed . Either party may change its address , for the purposes of this section , by written notice to the other party given in accordance with the provisions of this section . 21 . SURVIVAL . Except as otherwise expressly provided herein , each obligation in this Agreement to be performed by Contractor shall survive the termination or expiration of this Agreement . 22 . CONSTRUCTION . The headings of the sections of this Agreement are for the purpose of convenience only , and shall not be deemed to expand , limit , or modify the provisions contained in such Sections . All pronouns and any variations thereof shall be deemed to refer to the masculine , feminine or neuter, singular or plural , as the identity of the party or parties may require . The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm 's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 10 23 . COUNTERPARTS , This Agreement may be executed in one or more counterparts , each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument . IN WITNESS WHEREOF , this Indian River County Emergency Contract is executed by the authorized representatives of the parties as of the day and year first above written , nunc pro tunc . BART H7/;T [,ON , INC . , INDIAN RIVER COUNTY By : Title : seph A Baird I ian River County Administrator and Indian River County Emergency Services District Director APPR ' E0 Ar TO FORM AN EG FICIENC MARIAN E . F �. ASSISTANT COUNTY kTTORNEY 11 [ EXHIBIT " All Scope of Services Demolition Phase I IRC Sheriff's Administration Building Storm Damage (Francis) 911 CENTER Remove all ceiling tile and insulation in all rooms . Remove tile , grid , lighting fixtures and insulation from room # 904 ( Supervisor office) Remove all drywall from rooms # 901 - 902 - 904 Remove plumbing fixture for access and for re - installation later . Remove drywall room # 908 at areas below window sill @ windows in North and East walls . Remove drywall room # 900 on east and south walls - floor to top Remove Drywall above ceiling line in room 906 above electrical and telephone equipment. . < :. . . . .`.`.'.: .<.:.'._. . . . . . . . . .t. . '.::. . . . . e: . y< y ' n/:" � < :: . > ........ : .: . . .:::: . .::: .. �JJ,� . ... ...ai: :? Crime Scene / Identification Remove carpet room # 300 Remove drywall room 300 southeast corner of room floor to top ( exit sign ) Remove drywall room 304 4 feet from floor on south wall Remove drywall room 305 on south wall Remove drywall room 303 4 feet up on south wall Remove drywall room 301 - 302 4 feet up on south wall Remove drywall room 313 4 feet up on west wall Remove drywall room 313b 4 feet up east storeroom Remove drywall room 307 ceiling Remove drywall between doors 26 - 28 ITU Remove drywall room 600 south wall ( entire) Uniform Remove door and jamb # 57(moved to Non storm demolition) Demolition IRC Sheriff's Department Added Scope of Work (Non Storm) Qe ective Bureau Room 800 - Remove north wall entirely Room 801 - Remove north and west walls entirely Room 802 - Remove north and west walls entirely Room 803 - Remove door and jamb in west wall even with closet Room 706 - Remove north and west walls entirely Room 707 - Remove north and east walls entirely Room 708 - Remove north and west walls entirely Room 709 - Remove north and east walls entirely Room 714 - Remove south and west walls entirely Room 713 - Remove south and east walls entirely Room 712 - Remove south and west walls entirely Room 708 - Remove north and west walls entirely Room 709 - Remove north and east walls entirely Crime Scene ( Eyideen, c,�e Create opening into room 301 from hallway , to allow installation of 3 '0 fire rated door and jamb . Room 302 - remove wall entirely ( see me) Create opening into room 606 ( weight room ) for armory . Uniform Remove door and jamb Door #57 *Italics denote change to original document. Sheriff's Building Reconstruction Non -Storm Related Detective Repair drywall , patch and paint areas in rooms # 800 - 803 where walls were removed . Repair drywall , patch and paint areas in rooms # 706 - 709 and # 712 - 714 . Crime Scene Install 3 '0 "x 618 " steel one hour fire rated door and jamb ( include hinges and closer) in opening created in room # 301 . Include form and pour of concrete and drywall repair as needed . Install door and jamb in opening created in east wall of room # 300a non rated ) Patch area of wall room # 302 where partition removed . Close door opening between room # 300 and # 301 . Cover west side of same wall with 1/a " drywall to provide suitable finish . Armory Install 3 '0 " x 6 '8 " steel one hour rated door and jamb ( include hinges and closer) in opening created in room # 606 . Include form and pour of concrete and drywall as needed . Construct drywall partition in room # 606 . ( extend width of room 615 ) Partition should be constructed to the bottom of the roof deck ( drywall both sides ) . Sheriff's Department Reconstruction Scope of work ( Storm Damage ) 911 Center Replace ceiling tile and insulation in all rooms Replace ceiling tile and grid , insulation and light fixtures in room # 904 Supervisors office . Repair/ replace all drywall removed during demolition in rooms 901 - 902 - 904 Reinstall vanities , sinks and fixtures . Replace drywall under windows in room # 908 Replace drywall room # 900 on east and south walls . Replace computer floor tiles in room # 900 - Replace the in room 906 with serviceable tile from # 900 Crime Scene- Replace drywall in rooms # 300 - 301 - 302 - 303 - 304 - 305 - 307 - 313 - 313b and between doors 26 - 28 . ITU Replace drywall room 600 South Wall Uniform Replace door leaf on door # 61 - room 604 Hallways Replace drywall door# 52 west to corner Replace drywall door # 127 to door # 128 Patch area near door # 128 Detective Replace drywall in room # 722 General : All interior walls are to be patched and painted . Carpet replacement by others . Locksets by others . Hallways Remove carpet from affected area of hallway . Remove drywall entire wall from door # 52 - west to corner . Secondary demolithm Remove drywall from door # 127 to door # 128 . Remove drywall from room # 722 ( Detective area ) * Italics denotes change to original document BARTH181T �' � - Construction Inc. E General Contractor CGCO07847 MEMORANDUM DATE : October 13 , 2004 TO : Lynn Williams Indian River County Buildings & Grounds FROM : Jason Fykes RE : Indian River County Sheriff' s Office Below is a break down of the costs of the Sheriff' s Office work to date . Storms Related Work Barth Supervision Thru ( 10/08/04) Jason Fykes 8 hrs @ $ 75 . 00/Hr $ 600 . 00 Mike Selig 24 hrs @ $ 45 . 00/Hr $ 15080 . 00 Demolition $ 65950 . 00 Acoustical Ceiling/ Grid/Insulation & Drywall repair $365580 . 00 Access Flooring Quotation $23 , 277 . 73 Floor Coverings TBD $ Vanities TBD $ Plumbing TBD $ Electrical TBD $ Subtotal $68 ,487 . 73 OH& P @ 15 % $ 104273 . 05 Total $789760.78 Additional Work Barth Supervision Jason Fykes 1 . 5 Hrs @ $ 75 . 00/Hr $ 112 . 50 Mike Selig 8 Hrs @ $45 . 00/Hr $ 360 . 00 Demolition $ 5 , 775 . 00 Acoustical Ceiling/Grid/Insulation & Drywall $ 7 , 160 . 00 Doors & Hardware TBD $ Floor Coverings TBD $ Electrical TBD $ Subtotal $ 13 ,407 . 50 OH & P @ 15 % $ 21011 . 25 Total $ 15,418.75 The above costs are to date costs with the exception of the acoustical ceiling/grid/insulation & drywall and the access flooring line items . These items have been quoted, see attached . The remaining items ( flooring, vanities, plumbing & electrical ) are currently being priced . 1717 Indian River Boulevard * Suite 202A * Vero Beach , Florida 32960 Phone: (772 ) 778-3072 * Fax : (772) 770-3017 E-mail : i_i fio u1)artheon_structi_ n ,coin * Internet : ww%,%,- l)artl constructioi . coni. F : \Projects\Mise . Jobs\ IRC SHerrifs Office\to date costs 10 . 14 . 05 . doc Page 2 ----------------------------------------------------------------------------------------------------------------- Also please note the supervision amount is to date . This line item will increase as the remaining repair is completed . If you require any further explanation , please contact our office Thank you Sincerely, Jason F kes Barth Construction , Inc . L [Aue ji ] soinpe5oad lelllwgnS pue s U !meja doQS 81181HX3 EXHIBIT C INSURANCE 1 , The Contractor shall not commence Work under this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County' s Risk Manager. The COUNTY shall be named as an additional insured on all policies except workers ' compensation : . 1 . Workers ' Compensation : Workers ' Compensation as required by the State of Florida . Employers ' Liability of $ 100 , 000 each accident , $ 500 , 000 disease policy limit , and $ 100 , 000 disease each employee . . 2 . General Liability : commercial general liability coverage , in an amount not less than $ 3 , 000 , 000 combined single limit for bodily injury and property damage , including coverage for premises/operations , products/completed operations , contractual liability , and independent contractors . . 3 . Business Automobile Liability : in an amount not less than $ 3 , 000 , 000 per occurrence combined single limit for bodily injury and property damage , including coverage for owned autos , hired autos , and non -owned autos . . 4 . Builder' s Risk : coverage shall be all - risk with limits equal to one hundred percent of the completed value of the construction and must be endorsed to provide a machinery/equipment endorsement to provide coverage during transit and installation and further endorsed to provide a waiver of occupancy endorsement to enable the County to occupy the facility under construction . 2 . Contractor' s insurance coverage shall be primary . 3 . All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best' s rating of A VII or better. 4 . The insurance policies procured shall be occurrence forms , not claims made policies . 5 . The insurance company ( ies ) selected shall send written verification to the County Risk Manager that they will provide thirty (30 ) days prior written notice to the County Risk Manager of intent to cancel or modify any required policies of insurance . 6 . The Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein . 1 THIS BOND COMPLIES WITH THE TERRORISM RISK INSURANCE ACT OF 2002 (TRIA) . EXECUTED IN TWO ( 2 ) COUNTERPARTS EXHIBIT D PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS : BY THIS BOND , we ( 772 ) 778 -3072 BARTH CONSTRUCTION, INC . , 1717 INDIAN RIVER BLVD . , SUITE 202A , VERO BEACH, FL 3296% % Principal ( Contractor) (Insert name , principal business address , and telephone number of Principal/Contractor) and WESTERN SURETY COMPANY , P . O . BOA 5077 , SIOUX FALLS , SD 57117 -5077 ( 800 ) 331-6053 as Surety, ( Insert name , principal business address , and telephone numberof Surety) are held and firmly bound unto the County of Indian River, Florida , 1840 251h Street, Vero Beach , Florida x2960 , (772 ) 567-8000 , in the sum Of NINETYSAND HUPDRED SEVFOURENTYTHOUNINE &N53 /100THS Dollars ($..94 ,�179 . 53 ) , 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 28 day of September, 2004 , entered into between the Principal and the County of Indian River, for: Bond Number: 929341593 Project Name : Repair of Indian River County Sheriffs Office County Project Number: — Project Address : 4055 41stAvenue , Vero Beach , FL 32960 ( 72 )567- 8000 ext 1419 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 hereinbelow defined , then this obligation shall be void ; otherwise , this Bond shall remain in full force and effect, subject to the following terms and conditions : 1 . A claimant, as defined in Florida Statutes Section 255 . 05 ( 1 ) , is any person supplying Principal with labor, materials , or supplies , used directly or indirectly by Principal in the prosecution of the Work provided for in the Contract . 2 . Florida Statutes Section 255 . 05 (2004) , as amended from time to time , together with all notice and time provisions contained therein , is incorporated herein in its entirety by this reference . 1 The Surety, for value received , hereby stipulates and agrees that no change , extension of time , increase in Contract price , alteration of or addition to the terms of the Contract or to the Work to be performed thereunder or to the Drawings or 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 or to the Drawings . 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, 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 under the Contract . 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 Final Completion as established do the Certificate of Final Completion as issued by the County of India 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 25 day of OCTOBER 2004 , 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. a a m a m a q * a r a r a a a a r o Y no Kamm a a a ■ g Y a a a r a ■ R a Kamm a r a a a a g a 1M a a a 1Y a s a A ■ r r . a n a a A Sam a son WHEN THE PRINCIPAL IS A CORPORATION : Attest: EARTH CONSTRUCTION, INC . ecretary N me of Corporation BY: (Affix Corporate SEAL ) Printed Name Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL 2 iiiiiiiiiiiiiiiiiiii iiiiiiiiii INS III III cert[ hat i am the Se as Principal in the within bond ; that eta ! ' of the corporation named signed the said bond on behalf of the Principal was then who of said corporation : that I know his signature , and his signature thereto is genuine; and that said Bond was duly si d , sealed and attested for and on behalf of Said corporation by authority of it ov rni Secre ary (SEAL ; TO BE EXECUTED 3Y CORPORATE SURETY : Attest: WES N S f COMPANY Secretary orporate Surety . 0 . BOX 5077 , OUX F S SD 5 7 -5 usi s A dress Y: (Affix Corporate SEAL) APRIL Le LIVELY, ATTORNEY`-IN-FACT & FLORIDA LICENSED RESIDENT AGENT Attorney- In - Fact GOIGNARD COMPANY Name of Local Agency 1904 BOOTHE CIRCLE , LONGWOOD , FL 32750 Business Address INQUIRIES : (407 ) 834-0022 STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me , a Notary Public , duly commissioned , qualified and acting , personally appeared APs' Le LILY , to me well known , who being by me first duly sworn upon oath , says that he is the attorney-in -fact for the wEsTERN suRE y COMPANY and that he has been authorized by wESTERN suRETY core 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 this25 day of OCTOBER , 2004 . — KATHLEEN A . CLAWSON Notary Public , State of Florida KATHLEEN A . CIA 0I Notary Public , State of Florida My comm . exp , Aug . 30 , 2008 Commm No . DD 351092 My Commission Expires : ADGUST 30 2008 Bond No . 929341593 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002 , we are providing this disclosure of notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer . To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies ") as surety or insurer : Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading , PA, The Firemen ' s Insurance Company of Newark, NJ, and The Continental Insurance Company . DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($ 0 . 00 ) . DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90 %) of covered terrorism losses exceeding the applicable surety/insurer deductible . Form F7310 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint J W Guignard, Bryce R Guignard, M Gary Francis,' April L Lively, Paul J Ciambriello, Jennifer L McCarta, Katie N Bird, Margie L Morris, Brett A Ragland, Individually of Longwood, FL, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 18th day of August, 2004. ErrWESTERN SURETY COMPANY C% M ° Paul ;r Bruflat, Senior Vice President State of South Dakota 1 County of Minnehaha 3 ss On this 18th day of August, 2004, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY 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 it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expiresitititi .titititititirti�titititi+��+h..M i or D. KRELL + November 30, 2006 + NOTARY PUBLIC j j� SOUTH DAKOTA $M i + \�titiYtiti�titi•tititititititititititi♦ D. KrelgNoPublic CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 25TH day of OCTOBER 2004 ErYe WESTERN SURETY COMPANY `4B AV i�Y ��Ar oNrd`P L. Nelson, Assistant Secretary Form F4280-01 -02 THIS BOND COMPLIES WITH THE TERRORISM RISK INSURANCE ACT OF 2002 (TRIA) . EXECUTED IN TWO ( 2 ) COUNTERPARTS EXHIBIT E PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS : BY THIS BOND , we BARTH CONSTRUCTION , INC . , 1717 INDIAN RIVER BLVD . , SUITE 202A, VERO BEACH, FL 32960 ( 772 ) 778 -3072 as Principal (Contractor) ( Insert name , principal business address , and telephone number of Principal/Contractor) and WESTERN SURETY COMPANY , P . O . BOX 5077 , SIOUX FALLS , SD 57117 -5077 ( 800 ) 331- 6053 , a corporation , as Surety , ( Insert name , principal business , and telephone number of Surety) are held and firmly bound unto the County of Indian River, Florida , 1840 20th Street, Vero Beach , Florida 32960 , (772 - 567 -8000 ) , in the sum of NINETY FOUR THOUSAND ONE HUNDRED SEVENTY NINE & 53 /100THS Dollars ( 947179 . 53 ) , amounting to l00% of the total contract 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 28 day of September, 2004 entered into between the Principal and the County of Indian River, for: Bond Number; 929341593 Project Name : Repair of Indian River County Sheriffs Office County Project Number: Project Address : 4055 41St Avenue , Vero Beach , FL 32960 A copy of the Contract is incorporated herein by reference and is made a pan` hereof as 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, and shall indemnify and save harmless the County of Indian River against and from all 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 Principal , its agents and employees in the performance of the Contract , and further, if the Principal shall promptly make payments to all who supply him with labor and/or materials used directly or indirectly by the Principal in the prosecution of the Work provided for in said Contract , then this obligation shall be null and void , otherwise , the Principal and Surety , jointly and severally , agree to pay the 1 Nib County of Indian River and difference between the sum that the County of Indian River may be obliged to pay for the completion of the Work, by contract or otherwise . The 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, 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. 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 Final Completion as established in the Certificate of Final Completion as issued by the County of Indian River. IN WITNESS WHEREOF , the above bound parties executed this instrument under their several seals , this 25 day of oCTouR 2004 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. Fk� Fe'i�**:ttCt'Ye71rYXMkk**k:tY +M7C)l' fl•'lt k!FfFI•ir**##*SY'R flc fhF'k'kStlFk##***#*1t*tM ,t*X"!' tkFic**trftXA K 5Y fk*,kFk WHEN THE PRINCIPAL IS A CORPORATION : Attest: BARM CONSMUCTION, INC . ecr ary Na e o orp tion BY : (Affix Corporate SEAL ) rfflCi2Prind Name l Title CERTIFICATE AS TO CORPORATE PRINCIPAL (007 certify th I am the Secretary of the corporation named as Principal in the within bond ; that - who signed the said bond on behalf Of the Principal was then � 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 . (SEAL ) Secretary 2 TO BE EXECUTED BY CORPORATE SURETY : Attest: 1 LIhM `T/ 5(('Affix COMPANY �'Secretary te rete BOXS U% S , SD 5 7 5077 Ad r s Corporate SEAL ) APRIL L . LIVELY, ATTORNEY-IN-FACT & FLORIDA LICENSED RESIDENT AGENT Attorney- in - Fact GUIGNARD COMPANY Name of Local Agency 1904 BOOME CIRCLE , LONG"D , FL 32750 Business Address STATE OF FLORIDA INQUIRIES : (407 ) 834-0022 COUNTY OF INDIAN DIVER Before me , a Notary Public , duly commissioned , qualified and acting , personally appeared APRIL L . LIVELY , to me well known , who being by me first duly sworn upon oath , says that he is the attorney-in-fact for the wEsTERN SURETY COMPANY and that he has been authorized by wEsTERN SURETY 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 25TH day of OCTOBER , 2004 KATHLEEN A . CLAwsoN, " Notary Public , State of Florida KATHLEEN A . CLAWSON My Commission Expires : AUGUST 30 , 2008 Notary Public , State of Florida My comm , exp . Aug . 30 , 2008 Comm . No . DO 351092 3 SWORN STATEMENT UNDER SECTION 105 . 08 , INDIAN RIVER COUNTY CODE , ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1 . This sworn statement is submitted by: BARTH CONSTRUCTION , INC . , whose business address is : 1717 Indian River Blvd . , Suite 202A , Vero Beach , FL 32960 and ( if applicable ) its Federal Employer Identification Number ( FEIN ) is 59 - 1931614 ( If the entity has no FEIN , include the Social Security Number of the individual signing this sworn statement . ) 2 . My name is Phil Barth ( Please print name of individual signing ) and my relationship to the entity named above is . President 3 . 1 understand that an "affiliate " as defined in Section 105 . 08 , Indian River County Code , means : The term "affiliate" includes those officers , directors , executives , partners , shareholders , employees , members , and agents who are active in the management of the entity . 4 . 1 understand that the relationship with a County Commissioner or County employee that must be disclosed as follows : Father, mother, son , daughter, brother, sister, uncle , aunt , first cousin , nephew , niece , husband , wife , father- in -law , mother- in -law , daughter- in -law , son - in - law, brother-in -law , sister- in -law, stepfather, stepmother, stepson , stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent , or grandchild . 5 . Based on information and belief, the statement , which I have marked below, is true in relation to the entity submitting this sworn statement . [Please indicate which statement applies . ] Neither the entity submitting this sworn statement , nor any officers , directors , executives , partners , shareholders , employees , members , or agents who are active in management of the entity , have any relationships as defined in section 105 . 08 , Indian River County Code , with any County Commissioner or County employee . X The entity submitting this sworn statement , or one or more of the officers , directors , executives , partners , shareholders , employees , members , or agents , who are active in management of the entity have the following relationships with a County Commissioner or County employee : 1 Name of Affiliate Name of County Commissioner Relationship or entity or employee Phil Barth Sandy Wright Cousin (Signature ) ID 2� STATE OF Florida ( Date ) COUNTY OF Indian River The foregoing instrument was acknowledged before me thiAay. f , 2004 by L. '23 / who is rsonally known to me or who has produced as identification . NOTARY PUBLIC SIGNJa� � PRINT : � 1-IC State of Florida at Large My Commission Expires : ,7 /` gr (Seal ) e Ps. Marion H Tupbk F • My Commi6WW DD330M iia ; dO Exprw Juy 21 , 2008 2