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