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HomeMy Public PortalAboutIntracoastal Waterway Crossing Contract (Intercounty Engineering, Inc.UUNSTRUCTION AGREEMENT (SPECIFIED CONTRACT PRICE) Agreement made between the Owner Town of Gulf Stream and the Contractor 100 Sea Rd. Gulf Stream,FL Intercounty Engineering, Inc. 1925 NW 18TH St. Suite 23 Pompano Beach,FL 33069 407-972-9800 1. General project description Directional Bore & Crossing of the Intracoastal Waterway with a 12" diameter HDPE. Tie -into existing 12" on each side of the intracoastal. Provide all labor, materials, and equipment to complete construction per rawings & sped ica ions. - 2. The specific work of this agreement shall consist of All necessary work for the 12" water line installation which shall include all piping, valves, fittings, directional borings, connect- ions, restoration, testing, fill removal, backfill material, HDPE wrap, concrete and miscellaneous appurtenances. and shall be in accordance with the specification, drawings, or as reasonably inferable from either or both, and other contract documents. 3. The work shall begin no later than -March 101995 WTf and be completed no later than April g&, 1995 subject to adjustments as provided in the General Conditions of the Construction Agreement. 4. The Owner shall pay the Contractor the sum of $108,782 One Hundred Eight Thousand Dollars and no cen— In for the work un er t i a reement, subject to additions and deductions as stipulated in the General Conditions. 5. The Owner shall make progress payments to the Contractor according to the following schedule: Completed Work Amount to be Paid* 1 See estimated quantities sheet Exhibit A Invoice Billed monthly. Invoice shall be received by engineer 2. 10 days prior to the first of the month. 3. Owner to make monthly payments No later than 10 days'after the first of the month. CONSTRUCTION AGREEMENT (CONTINUED) _(SPECIFIED CONTRACT PRICE) Total Lump Sum Contract Amount $108,782.00 *An amount equal to ten (10) percent of the payment amount shall be retained by the owner in accordance with Section 9 of the General Conditions. Final payment shall be made when the work has been completed and the agreement fully performed to the Owner's satisfaction. 6. The construction documents, except for changes issued after the execution of this agreement, are as follows: a. The construction agreement is this executed agreement between the Owner and the Contractor. b. The General Condition of the Construction Agreement executed and date February 1995 C. The Specifications contained in the Project Plans and dated September 12, 1994 Revised January 13 1995. d. The Drawings as follows: Cover sheet, 1 of 2 & 2 of 2 e. Other documents as follows: 1.Addendum #1 dated January 25, 1995 2.Addendum #2 contract attached 7. Other provisions: 1.Application for -payment form This agreement entered into this day of _ 19_. of the contractor. By Signature of Owner S nature of Contractor William F. Koch, Jr. Maurice A. Hynes Printed Name Printed Name GNNNRAL CONDITION OF THE CONSTRUCTION AGREEMENT (SHORT FORM) 1. General 1.1 The Work of the contract shall consist of all construction materials, labor, equipment and services required by the Drawings. Specifications and other Contract Documents, or as reasonably inferable from any or all of the Construction Documents. The Work shall be for the whole or part of the project as described in the Construction Agreement. 1.2 The Work of the project shall comply in all respects with applicable federal, state, county and/or city regulations, laws and codes. All required building and other permits shall be obtained before beginning construction. 1.4 Substitution of items will not be permitted unless specifically approved by the Owner. 2. Owner 2.1 The Owner shall furnish the Contractor with a survey of the project site if required. 2.2 The Owner shall obtain and pay for the necessary approvals, easements and/or variances required for the construction of the project. 2.3 If the Contractor fails to complete the Work, or part of the Work, of the Agreement in accordadce with the Construction Documents and fails to correct such discrepancies, the Owner, may, by written order, stop work on all or part of the project until the cause has been corrected. 2.4 The Owner reserves the right to occupy the building space, or such portions thereof as may be desired, at any time without in anyway invalidating this Agreement. 3. Contractor 3.1 The Contractor shall be solely responsible for the Work described in the construction agreement. He shall have complete control over construction methods, techniques and procedures and shall supervise such work with his best skill and attention. 3.2 The Contractor shall pay for all labor, equipment, materials and services required to complete the work as described in the Construction Agreement as well as building permits and other Government fees, licenses and inspections necessary for the proper completion of the Work. t"�' F)e 4'0-� GENERAL CONDITIONS OF THE CONSTRUCTION AGREEMENT (CONTINUED) 3.3 The Contractor shall be held responsible for all damages including consequential damages resulting from his, or his subcontractors, errors, omissions or negligence in the performance of the Work of the Construction Agreement. 3.4 The Contractor shall hold harmless the Owner from and against all claims, damages including consequential damages, losses, expenses, legal fees or other costs resulting from the Contractor's performance of the Work of the Construction Agreement. 3.5 The Contractor shall provide the Owner access to the Work. 4. Subcontractors 4.1 The Contractor shall select the subcontractors, except that he shall not use subcontractors to whom the Owner has a reasonable objection. the Contractor shall not be required to use subcontractor whom he has a reasonable objection. 5. Disputes 5.1 Any claims or disputes between the Contractor and the Owner arising from this Agreement shall be resolved by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association unless both parties.agree otherwise. 6. Work by Other Contractor 6.1 All contractors and subcontractors shall work in harmony with others on the project and shall afford the Owner and other subcontractors reasonable opportunity for the storage of materials and equipment. 7. Changes 7.1 Changes, modifications, additions and/or deletions to the Work under this agreement will only be made by written order signed by the Owner and the Contractor. Any such changes will not invalid this Agreement. The time for project completion and the project cost will be adjusted accordingly. 8. Time 8.1 If at any time the Contractor is delayed in performing the work under this agreement by Owner -requested changes; labor disputes, fire or other circumstances over which the Contractor has no control, the contract time shall be co k-h;NEKAL UUNDITIONS OF THE CONSTRUCTION AGREEMENT (CONTINUED) extended by the same amount of time as was caused by the delay. 9. Payments 9.1 Payments will be made by the Owner to the Contractor in accordance with the payment schedule stipulated in the Agreement. 9.2 Payments may be withheld because of any of the following conditions: a. Defective work not corrected. b. Failure of the Contractor to make payments to subcontractors or for materials, labor, equipment or services. C. Continued failure to perform the work in accordance with the terms and conditions set forth in this Agreement. d. Legal or other claims by third parties relating to the work performed under the Agreement. 9.3 Final payment shall become due when the Work of the Agreement is completed in accordance with Construction Documents, when a release for any and all liens arising out of this agreement or a Labor and Materials Payment Bond is submitted to the Owner and when all equipment operating manuals and warranties are submitted to the Owner. 10. Insurance 10.1 The Contractor shall furnish the Owner with the following certificates of Insurance in the amounts indicated or other amounts as required by law, whichever is greater: a. Workmen's Compensation Insurance in the amount of not less than $500,000.00 each occurrence and $500,000.00 aggregate for bodily injury including Personal injury. b. Property Damage in not less than $100,000.00 and general public liability insurance in the amount of not less than $1,000,000.00 C.S.L.. C. comprehensive Automobile Liability in the amount of not less than $250,000.00 each person, $500,000.00 each occurrence, and Property Damage in the amount of $100,000.00 each accident. 10.2 The Owner shall maintain property insurance for the project to its full insurable value. This insurance shall include the interests of the bank, or other mortgage holder, if any, and the Owner and shall insure against "all risks" of physical loss or damage. GENERAL CONDITIONS OF THE CONSTRUTION AGREEMENT (CONTINUED) 11. Termination of the Agreement 11.1 If the Owner fails to make payment under the terms of the Agreement, through no fault of the Contractor, the Contractor may, upon seven (7) days written notice to the Owner, terminate the contract. The Owner shall pay for work completed and any proven loss with respect to materials, equipment and machinery and reasonable profit applicable to the work under this Agreement. 11.2 If the Contractor fails to carry out the Work in accordance with the Agreement and other Construction Documents the Owner may, upon seven (7) days written notice to the Contractor, terminate the contract, and finish the work by whatever method the Owner determines. If the cost of completing the work exceeds the balance due under this agreement, the difference is to be paid to the Owner by the Contractor. 12. Jurisdiction 12.1 This agreement shall be governed by the laws of the place where the project is located. - — This agreement entered into this 10- Xa�e day of By L/ ZZ4 d4 ��/ - RAJ(,-� Sigt 6r+e of Owner Sig ature of ContreicL'cr William F. Koch, Jr. Printed Name Printed Name Maurice A. Hynes UOFk w.5, That the undersigned, for and in consideration of the payment of the sum of FORTY 92(E THOU_BAND TWO HUNDRFD FTGHTY NINE 71/100 Dollars ($41,289.71) paid by TOWN OF GULF STRFAM, receipt of which is hereby acknowledged, hereby releases and quit claims to the TOWN OF GULF STREAM as Owner, all liens, lien rights, claims or demands of any kind whatsoever, which the undersigned now has or might have against the Property in the Town of Gulf Stream, the improved property located approximately east of the Intracoastal waterway and south of Golfview Drive by approximately seventy five feet said land being improved by Reference invoice(s): 11 thru date: June 12. 1995 on account of labor performed and/or material furnished for the construction of any improvements thereon. That all labor and materials used by the undersigned in the construction of said improvements have been fully paid for. In addition, the undersigned hereby releases the Town of Gulf Stream, its agents, officers, employees, representatives and assigns from any and all claims, suits or causes of action occasioned or arising from or which may be occasioned or arise from the performance of the undersigned pursuant to the terms of that contract with the Town dated 2/10/95, titled 12" HDPE Water Line Crossings Int acoas al waterwav, between the undersigned and the Town. This final release is conditioned upon payment of check or draft 011754 issued on the account of TOWN OF GULF STREAM in the amount of $_41 9R9 71 ; otherwise, this Release of Lien Is VOID. State of Florida County of 1$X11c palm Beach INTERCOUNTY E ",ER BY: r 1,04 I hereby acknowledge that the statements contained in the forgoing Release of Lien are true and correct. Sworn to and subscribed before me this 19th day of July 1995 -by M. A. Hynes. My commission expires: > o�a'v °os Rita L. Taylor � + � Notary 3°ublic,Smte ofFkrida ;� > 90` Commiss'too No. CC 342195 , � �'�'ott�°f N.y Couvoissioa Expires 0221!98; ' umedrnaWrt.tta.rsa,;xteae®aco. ;� � 1l 11N )UU11N11N11111UNN11NUN)11' q:\jcr\1311 ti��re�ea•e.718 2Y4 /'� Rita L. Taylor Notary Public State of Florida RIDER TO BOND This rider dated March 1, 1995 is hereby attached to and made a part of Bond No. LF07-00092 issued on behalf of Intercounty Engineering, Inc. ,as principal,and in favor of Town of Gulf Stream as Obligee, for boring of Intracoastal Waterway This bond shall hereby be amended as follows: The provisions of Florida Stat. Section 255.05 apply to this bond. All other terms and conditions shall remain the same. INSURANCE COMPANY SEAL SEAL "083 INTERCARGO INSURANCE COMPANY 1450 East American Lane • 20th Floor Schaumburg, Illinois 60173-5458 1-800-394-3924 Any inquiries to bt ' f o an n orotation LF07-00092 or receive assistance in resolving BOND NO. PERFORMANCE BOND complaints regarding this bond should be directed to: Intercargo Insurance c'on;punat 800/394-3924 KNOW ALL MEN BY THESE PRESENTS, That we (Insert the full name and ad c of the principal below hereinafter referredt. Intercounty Engineering, Inc. as Principal, 1925 NW 18 Street, Pompano Beach, FL 33069 and INTERCARGO INSURANCE COMPANY, a corporation, hereinafter referred to as Surety, organized and existing under the laws of the State of Illinois and authorized to do business in the State of Florida are held and firmly bound unto (Insert the full name and addmac of the Oblige. below) hereinafter referred to Town of Gulf Stream as obligee, 100 Sea Road, Gulfstream, FL 33483 in the penal sum of One Hundred Ninteen Thousand Six Hundred Sixty Dollars and 00/1"lars ($ ***$119, 660.00 ) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves our Executors, Administrators, Successors and Assigns, firmly by these presents. Whereas, the principal has entered into a certain written contract with the obligee dated the 19 , in the amount of One Hundred Eight Thousand Seven Hundred Eighty Two and 00/100 ---Dollars, (Insert project description and location below) Boring of Intracoastal Waterway, Underground Piing Connecdtion to Existing 12" D.I.P Testing Location :Gulfstream,FL in accordance with the general conditions, the drawings and specifications, which contract is by reference incorporated herein, and made a part hereof, and is referred to as the contract. Now, therefore, the conditions of this obligation, as specified on the reverse side of this form, are such that if the principal shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Signed, sealed and dated this 16th day of February '19 95 1 + (Witness) IHBBL-1 111931 Intercounty Engineering,_Inc._ (Seal i/ applicable) (Print or type name of principal) By: (Signature ofnn h'a/d/zed rapmsanmtiv� M�7iLt2o� E. , N- IJr' f n1 F1 U Y2F1 _ +",gGu9q ITypa na a and tidy y tN Nc f"`�c�014r�F�s}>s INT R 0 IN RANCE COMPANY !.SEAL gi �. �.. : I ..� By. (Attorney -In -fact) (SEE REVERSE SIDE FOR TERMS AND CONDITIONS) Robert Barra (Name typed) PERFORMANCE BOND 1. The Principal and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Obligee for the performance of the Contact, which is incorporated herein by reference. 2. If the Principal Performs the Contact, the Surety and the Principal shall have no obligation under this Bond, except to panic ipate in conferences as provided in Subparagraph 3.1. 3. If there is no Obligee Default, the Surety's obligation under this Bond shall arise after: 3.1 The Obligee has notified, by certified mail, the Principal and the Surely, as instructed in Paragraph 10, that the Obligee is consideringdeclaring e Principal Default and has requested and attempted to arrange a conference with the Principal and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of perforating the Contract. If the Obligee, the Principal and the Surely agree, the Principal shall be allowed a reasonable time to perform the Contract but such an agreement shall not waive the Obligee's right, if any, subsequentiyto declare a Principal Default; and 3.2 The Obligee has declared a Principal Default and formally terminated the Principal's right to complete the contract. Such Principal Default shall not be declared earlier than twenty days after the Principal and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Obligee has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Contact or to a contractor selected to perform the Contact in accordance with the terms of the Contact with the Obligee. 4. After the Obligee has declared Principal in default and has satisfied the conditions of Paragraph 3, and the Surety has conducted its own prompt and reasonable investigation as to whether or not the Principal's default has actually occurred, the Surely may at its own option elect one or more of the following actions: 4.1 Arrange for the Principal, with consent of the Obligee, to perform and complete the Contract; or 4.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Obligee for a contact for performance and completion of the Contract, arrange for a contact to he prepared for execution by the Obligee and the Principal selected with the Obligee's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to the Obligee the amount of damages as described in Paragraph 6 in excess of the Balance of the Contact Price incurred by the Obligee resulting from the Principal's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Obligee and as soon as practicable after the amount is determined, tender payment therefor to the Obligee; or .2 Deny liability in whole or in pan and notify the Obligee citing reasons therefor. 5. If the Surety proceeds as provided in Subparagraph 4.4 and the Obligee refuses the payment tendered or the Surely has denied liability, in whole or in part, without further notice the Obligee shall be entitled to enforce any remedy available to the Obligee. 6. After the Obligee has terminated the Principal's right to complete the Contact, and if the Surety elects to act under Subpamgmph4.1, 4.2 or 4.3 above, then the responsibilities of the Surety to the Obligee shall not be greater than those of the Principal under the Contact, and the responsibilities of the Obligee to the Surety shall not be greater then those of the Obligee under the Contact. To the limit of the amount of this Bond, but subject to commitment by the Obligee of the Balance of the Contract Price to mitigation of costs and damages on the Contact, the Surely is obligated without duplication for: 6.1 The responsibilities of the Principal for correction of defective work and completion of the Contact; and 6.2 Liquidated damages, or if no liquidated damages are specified in the Contact, actual damages caused by delayed performance or non- performance of the Principal. 7. The Surely shall not be liable to the Obligee or others for obligations of the Principal that are unrelated to the Contact, and the Balance of the Contact Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Obligee or its heirs, executors, administration or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Contact or to related subcontracts, purchase orders and other obligations. 9, Any proceeding, legal or equitable, under this Bond may be instituted in any conn of competentjurisdiction in the location in which the work or pan -of the work is located and shall be instituted within six months after Principal Default or within six months after the Principal ceased working or within sixmonths after the Surety refused or fails to perform its obligations under this Bond, whichever occur fiat. If the provisions of this Paragraph ere void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable; J0, Notice to the Surely, the Obligee or the Principal shall be mailed or delivered, by certified mail to the address shown on the signature page. 11. Whcn this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contact was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefmm and provisions conforming to such statutory or other 4ga1 requirement shall be deemed incorporated herein. 12. DEFINITIONS 12.1 Balance of the Contact Price: The foal amount payable by the Obligee to the Principal under the Contact after all proper adjustments have been made, including allowance to the Principal of any amounts received or to be received by the Obligee in settlement of insurance or other claims for damages to which the Principal is entitled, or reduced by all valid and proper payments made to or on behalf of the Principal under the Contact. 12.2 Contact: The agreement between the Obligee and the Principal identified on the signature page, including all Contact Documents and changes thereto. 12.3 Principal Default: Failure of the Principal, which has neither been remedied nor waived, to perform or otherwise to comply with the terns of the Contact. 12.4 Obligee Default: Failure of the Obligee, which has neither been remedied nor waived, to pay the Principal as required by the Contact or to perform and complete or comply with the other terms hereof. INTERCARGO INSURANCE COMPANY 1450 East American Lane • 20th Floor Schaumburg, Illinois 60173-5458 1-800-394-3924 LF07-00092 BOND NO. PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That we (Insert the full name and address of the Principal below) hereinafter referred to Intercounty Engineering, Inc. as Principal, 1925 NW 18 Street, Pompano Beach, FL 33069 and INTERCARGO INSURANCE COMPANY, a corporation, hereinafter referred to as Surety, organized and existing under the laws of the State of Illinois and authorized to do business in the State of Florida are held and firmly bound unto (Insert the full name and address of the Obligee below) hereinafter referred to Town of Gulf Stream as obligee, 100 Sea Road, Gulfstream, FL 33483 in the penal sum of One Hundred Eight Thousand Seven Hundred Eightytwo 00 Dollars ($ ***5108, 782.00 1 lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves our Executors, Administrators, Successors and Assigns, firmly by these presents. Whereas, the principal has entered into a certain written contract with the obligee dated the 19 , in the amount of One Hundred Eight Thousand Seven Hundred Eighty Two and 00/100-- Dollars, Ilnsen project description and location below) Boring of Intracoastal Waterway, Underground Piing Connecdtion to Existing 1211 D.I.P Testing Location : Gulfstreaill in accordance with the general conditions, the drawings and specifications, which contract is by reference incorporated herein, and made a part hereof, and is referred to as the contract. Now, therefore, the conditions of this obligation, as specified on the reverse side of this form, are such that if the principal shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Signed, sealed and dated this 16th day of February , 19 95 (Seer if applicable) (Witness) Intercounty Engineering Inc. (Print or type name of principal) By. �g urs or al [ o'zad rapreaantetiwl' IAu2ref (Type name end !ills{ Ine9L-2 (1/93) IN11�� E ARGO INSURANCE COMPANY ly: r I IAttomey-in-tact) (SEE REVERSE S1DE FOR TERMS AND CONDITIONSI Robert Barra (Name typed) PAYMENT BOND 1. The Principal and the Surety, jointly and severally, bind themselves, their heirs, execute", administrators, successors mad assigns to the Obligee to pay for labor, materials and equipment famished for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to the Obligee, this obligation shall be null and void if the Principal: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Obligee from all claims, demands, liens or suits by any person or entity whose labor, materials or equipment were furnished for use in the performance of the Contract, provided the Obligee has promptly notified the Principal and the Surety, as instructed in Paragraph 11, of any claims, demands, liens or suits and tendered defense of such claims, demands, lien or suits to the Principal and the Surety and provided there is no Obligee Default. 3. With respect to Claimants, this obligation shall be null and void if the Principal promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed or have a direct contract with the Principal have given notice to the Surely, by certified mail at 1450 East American Lane, 20th hoar, Schaumburg,IL 60173-5458 and sent a copy, or notice thereof, to the obligee, staling that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Principal: A Have famished written notice to the Principal and sent a copy, or notice thereof, to the Ohligee, within 90 days after having last performed labor or last furnished materials or equipment included in the claim sating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were fumblied or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in pert from the Principal, or not received within 30 days of furnishing the above notice any communication from the Principal by which the Principal has indicated the claim will be paid directly or indirectly: and' .3 Not having been paid within the above 30 days, have sent a written notice to the Surety, by certified mail at 1450 East American Lane, 20th floor, Schaumburg, IL 60173-5458 and sent a copy, or notice thereof, to the Obligee, sating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Principal. 5. if a notice required by Paragraph 4 is given by the Obligee to the Principal or to the Surely, that is sufficient compliance. 6. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall he credited for my payments made in good faith by the Surely. 7. Amount owed by the Obligee to the Principal under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any Performance Bond. By the Principal furnishing and the Obligee accepting this Bond, they agree that all funds earned by the Principal in the performance of the Contract are dedicated to satisfy obligations of the Principal and the Surely under this Bond, subject to the Obligees priority to use the funds far the completion of the work. 8. The Surely shall not he liable to the Obligee. Claimants or others for obligations of the Principal that are unrelated to the Contract. The Obligee shall not be liable to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 9. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders and other obligations 10. No suit or action shall he commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or pail of the work is located or after the expiration of six months from the dale (1) on which the Claimant gave the notice required by Paragraph 4.1 or Clause 4.2.3 or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If die previsions of this Pamgmph are void or prohibited by law, the minimum period of limitation available to sureties as defense in the jurisdiction of the suit shall be applicable. 11. Notice to the Surely, the Obligee or the Principal shall be mailed or delivered, by certified mail to the address specified or shown on the signature page. Actual receipt of notice by Sumely,the Obligee or the Principal, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 12. When this Bond ha; been fumished to comply with a statutory or other legal requirement in the location where the Contract was to be performed, any provision in this Band conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. 13. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Principal shall promptly furnish a copy of this Band or shall permit a ropy to be made. 14.DEFINITIONS 14.1 Claimant: An individual or entity having a direct contract with the Principal or with a subcontractor of the Principal to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without ]initiation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, lelephoneservice or rental equipment used in the Contract, arehitecturaland enginceringservices required for performance of the work of the Principal and the Principal's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 14.2 Contract: The agreement between the Obligee and the Principal identified on the signature page, including all Contract Documents and changes thereto. 14.3 Obligee Default: Failure of the Oblig", which has neither been remedied nor waived, to pay the Principal as required by the Contract or to perform end complete or comply with the other terms thereof. Volo IF NOT USED BY: INTERCARGO INSURANCE COMPANY - 08/16/961450 East American Lane • 20th Floor Schaumburg, Illinois 60173-5458 No Power of Attorney on this form shall 1-800-394-3924 be valid as to bonds, undertakings, recognizences or other written obligations approval code q in the nature said expiratonhdatef executed on or after m III�III�II VIII VIII VIII VIII VIII VIII IIII IIII rOLWER / 76 F07-00O9stPRINCIPAL IIntercount E^ n incerin y ,f IIne. �ry �r 1925 NW II8 Erect„ pounpano Beacit,lF1L 33®69 OBLIGEE Town of Gulf S DESCRIPTION & LOCATION OF OBLIGATION Boring of Intracoastal Waterway Underground Piping IConnecdtion to Existing 12" 1[D.1. P Testing ]Location -Gulfstream, a'ae PENAL SUM PRINCIPAL TAX ID. PROJECT q **$119,660.00 1 65_0495335 91166.01 LIMITED POWER OF ATTORNEY To be used only in conjunction with the bond specified herein. This Power of Attorney may not be used in conjunction with any other Power of Attorney. This Power of Attorney is void if altered or erased. This Power of Attorney bears the numbered seal of INTERCARGO INSURANCE COMPANY. No representations or warranties regarding this Power of Attorney may be made by any person other than an authorized officer of INTERCARGO INSURANCE COMPANY, and must be in writing. Questions or inquiries regarding this Power of Attorney must be addressed to INTERCARGO INSURANCE COMPANY, Attention: Contract Bond Underwriting Department. This Power of Attorney shall be governed by the laws of the State of Illinois. KNOW ALL MEN BY THESE PRESENTS: That INTERCARGO INSURANCE COMPANY, a corporation organized and existing by virtue of the laws of the Slate of Illinois does hereby nominate, constitute and appoint: Robert Barra its true and lawful Attorney-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds, undertakings, recognizanees and written obligations in the nature thereof, as follows: Bonds s to $300,000 License & Jf"ermit and Miscellaneous bonds up to $500,000 Performance & IIDayanent Bonds nap to $1,100,000.00 Court Bonds nap to $500,000.00 Such bonds and undertakings, when duly executed by the aforesaid Attorney-in-fact shall be binding upon the said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and scaled with its corporate seal. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect. STATE OF ILLINOIS ss. COUNTY OF COOK I, Lawrence P. Goecking Secretary of the INTERCARGO INSURANCE COMPANY a corporation of the Slate of Illinois, do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at II1>ecrlirid II$rartt 1Fl this f16tit day of If`eb nary ,19 95 n!"t w '. SEAL, ?V --C: b 1im..,T SECRETARY CON-24L(Ol /95) RESOLUTIONS OF THE BOARD OF DIRECTORS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 5th day of December, 1988: "RESOLVED, That the President, or any Vice President of the Company or any person designated by any one of them is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship, and that any Secretary or any Assistant Secretary of the Company be, and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the Seal of the Company. FURTHER RESOLVED, That the signature of such officers and the Seal of the Company may be affixed to any such Power of Attorney or to any cerlificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached." Bonds executed under this Power of Attorney may be executed under facsimile signature and seal pursuant to the following Resolution adopted by the Board of Directors of the Company on April 4, 1987: "RESOLVED, That the signature of James R. Zuhlke, as President of this Corporation, and the seal of this Corporation may be affixed or printed on any and all bonds, undertakings, recognizances, or other written obligations thereof, on any revocation of any Power of Attorney, or on any certificate relating thereto, by facsimile, and any Power of Attorney, any revocation of any Power of Attorney, bonds, undertakings, recognizances, certificate or other written obligation, bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, the INTERCARGO INSURANCE COMPANY has caused its corporate seal to be here unto affixed, and these presents to be signed by its duly authorized officers this 26th day of January , 1995 . On this 2Gth day of January ,1995 before me personally came James R. Zuhlke to me known, who, being duly sworn, did depose and say: that he is President of the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by like order and authority. M ALNCHER OF ILLINOIS S: I OtOSlSS NOTARY PUBLIC INTERCARGOO INSURANCE COMPANY BY: u a4"" * .. /C �.. r. PRESIDENT iYi 9- :�.. SEAL -V . "'"„;' .� ATTEST: n'rns ,f SECRETA Y STATE OF ILLINOIS ss. COUNTY OF COOK On this 2Gth day of January ,1995 before me personally came James R. Zuhlke to me known, who, being duly sworn, did depose and say: that he is President of the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by like order and authority. M ALNCHER OF ILLINOIS S: I OtOSlSS NOTARY PUBLIC