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Home My WebLink AboutCity of Tamarac Resolution R-89-3001 2 3 4 5 9 10 11 12 13 14 15 16 17 18 1 21 22 23 24 25 26 27 28 29 30 34 35 Temp. Reso. #5624 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R--89-• --�30C) A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH TORO ENGINEERING AND CONSTRUCTION CORPORATION FOR THE CONSTRUCTION OF THE TAMARAC MULTI -PURPOSE CENTER; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City,officials are hereby authorized to execute an agreement with Toro Engineering and Construction Corporation for the construction of the Tamarac Multi - Purpose Center, a copy of said agreement being attached hereto as Exhibit 1. SECTION 2: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this 7 day of 1989. ORMAN ABRAMOWITZ MAYOR ATTEST: -� 6ez�� CAROL A. EV S CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as terf*prm , only and .Atrp\to content. RICHARD DOODY CITY ATTORNEY RECORD Or COUNCIL VOTE MAYOR A13RAMOW111 DISTRICT 1: DISTRICT 2: C/M-111= DISTRICT 3: C/M H A .. DISTRICT 4: V/M BENDER .r.., CONTRACT FOR MULTI -PURPOSE BUILDING CITY OF TAMARAC )I* m v K] 0 ef_S�-3aa THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A101 Standard Form of Agreement Between Owner and Contractor wh(•rc• thc' of paynient i> a STIPULATED SUM 1977 EDITION HAS I.VPOMANE L(CAL CONS[ QUINCE 5; CONSULTATION WITH 11 1 '�Y-(-X;KACEI) t', ITH h(<PEC7 TO ITS C(-)\IPLETION OR kfODIFICATION Li,(. onl)• t 'nc ;y,n 1rf,t,nn cw AIA Uruument A201, CPn,•r.tl (nnd1tton5 of the Contr')Ct for con'lruc"c'r been .ail; vied ;nd endur,rd hr 1he A.>uc,ated Generll Contractors of America. c�u. ta' '<•' AGREEMENT 4*b r� �� )i December EIGHTY NINE BETWEEN the CITY OF TAMARAC 7525 N. W. 88 Avenue Tamarac, Florida 33321 .ln(I the �OtltrdClOr: TORO ENGINERRING & CONSTRCUTION CORP. 1038 S. W. 13th Court Pompano Beach, Florida 33060 I'hc' Prt)it'( t TAMARAC MULTI -PURPOSE CENTER 1 lir :\rc h�trr t SCHARF & ASSOCIATES, INC. 3407 N. W. 9th Avenue, Suite 200 Ft. Lauderdale, Florida 33309 I]ok,w ,t.c i>c�cuv,�T A01 ;I1c %F'r?r W \;!)r:t('t' Ic_9'� - 30C, ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement. the Conditions of the Contract (General, Supplementary and itions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe other Cond- he Contract, and all are as fully a part of the Contract as if attached to this cution of this Agreement. These form t eration of the Contract Documents appears in Article 7. Agreement or repeated herein. An enum ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert (he option descrifs6ye of the Work as used an other contract Doclsments.) THE GENERAL CONTRACT FOR THE CONSTRUCTION OF: CITY OF TAMARAC MULTI -PURPOSE CENTER 7531 N. University Dr. Tamarac, Florida consisting of the construction Of a new building of approximately 19,000 square feet, related site work, landscaping, parking and paving and right -of way- improvements as described in the bid documents. ARTICLE 3 TIME Of COMMENCEMENT AND SUBSTANTIAL COMPLETION The work to he performed under this Contract shall be commenced on the fourth day of December, in the year nineteen hundred and eighty nine. and, subject to authorized adjustments, Substantial Completion shall be achieved not later than the second day of November, in the 'year nineteen hundred and ninety. tru•rc ,mfrl Jn. p,,f jl ri.— •.nn. lot hQuidated dimlges relibng 40 t:,;we :0 ,r" "r on t,mt• c � I • 0 AIA DOCUMENT A101 OW1J(R-(C.(l\1RA( Mk R(('tl"l • IIE��(NTIA EUIIi()� IL'�( Al01-1977 _197- • Ii(I I Rl( '•\ iN511TUI( 01 .1K( Bill( lti 1 ii ^., ( \ ?Rh' AV( ` \\ \\ ptl+ �i..?( i GO ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions b%Order as provided in the Contract Document:. file Contract Sum of $1,341,051 (One Million Three Hundred Forty One Thousand fifty One and 00/100 Dollars), The Contract Sum is determined as follows: ,51a(e here the base b;d or ether lump rum amount, accepted alternates. and unit prices. as applicable.) The base bid amount of one million three hundred seventy three thousand three hundred ninety one dollars ($1,373,391.00), and deductive alternates, No. 6, Twelve thousand five hundred dollars ($12,500); No. 8, Six thousand five hundred dollars ($6,500); No. 9, Ten thousand eight hundred sixty dollars ($10,860); No. 10, Two thousand four hundred and eighty dollars ($2,480) for a contract sum of $1,341,051.00 ARTICLE 5 PROGRESS PAYMENTS . Based upon Appllcztlons for Payment submitted to the Architect by the Contractor and Certificates for Pavment issued ht. the Architect the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- 3;f'^' •.!acd In the Contract Document, for the period endinV the last calendar day of file meet): twenty one daN- folloxving the end of the period covered b\ the Application for P+.men+ ninety per(ref ' 90 of the portion of the Contract Sum properIN .illocable to lahor mater.,t- and to the \Fork and ninety tierient (90 of ;he purtwn of the t-d ,! o r fv-t!Ipment <wt.tbk ,tared a! lie c,r .11 �„»r (tther Inration aCrerd :non Ap.):icaiton for P,,\ ment. le-� •; r Y..wCls' tr r l +i:, t i,,ll. h•7�men15 mdi;c "� I'ts i),,••;... :,r. .:;> ,n 5ub,tanti,ii ;, t,pletu)n rI: the entire \%ork..1 cult -� the tnt.tl payment to ninety five percent 95 ni the• Contract Skim, Ie�, such hall determine :•�r ,;II Ins nmpletc \\ t,r:, and unceftied (alms : • prop lded to the Conlrart Doc:Itnents If -fn,Cr CC eI•e•'.'—C ,n the Cnr.,rpr he,e nscrt antprOs'1510n lnr Irm,vnir ,`• -e C-e'n[ the amUunr •Cla,ned after the work rea[h!`r a ier'a'.n •;JSr no rump:C!'Or ?s�F,x„�iXiX7��X�G74H?[K�xo�cmx�[7t1ao7CfCxntlk�ty{x+Rri�7fhbc]s'�C�c'aC7c fit. # � }� xocxk3iXxrx4i]cx XX.Kp(,&3€fcefp4X�CX2�Kii�KtF�GiI�CLtdre�i742r?��Fi�F?c�ifRti�iFk�i€aG7f+T'+7LxX�c)G�X'.f.� ��c ��t)f�t�F��t AIA 00CU'111'-t •,1111 A101-191 .i . , „ , I ,,, 1K, ,![f /�- 9 -300 L ARTICLE b FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor whgn the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect, and a Certificate of occupancy has been issued by the City of Tamarac ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: and c opted alternates enshowingopageoors Meet ol all uses and datestwhe a and appl uble.Jother d tionsL the Drawings, the specifications, and any addenda c. The instructions to Bidders, A1A document A701, Fourth Edition, 1987 The general conditions of the contract for construction, AlA document A201, Fourteenth Edition, 1987. The supplementary conditions, Section 00800, of the specifications Division 1 thru 16 of the specifications CIVIL C-1 through C-10 LANDSCAPING L-1 IR-1 ARCHITECTURAL SP-1 SP-lA STRUCTURAL S-1 through S-9 mrr'uAMT17AT. MP-1 M--1 through M-4 PLUMBING P-1 through P-4 A-1 through A-14 ELECTRICAL Addendum 1,2,3,4 and 5. E-1 through E-8 SuppleImentaxy conditions Article 9, Addendum #2, 9.11 LIQUIDATED DAMAGES 9.11.1, the contractor and the contractors surety, if any, shall be liable for and shall pay the owner the sums hereinafter stipulated as LIQUIDATED DAMAGES for each calendar day of delay until the work is substantially complete: Two Hundred Dollars, This Agreement entered into as of the day and year first written above. ($200.00) . OWNER CONTRACTOR AIA DOCUMENT A101 • OWNER-Cll'JTRA OR AGREE\0E'-1 . [[)ITION • JUNE 1977 AIA" Alol-1977 4 [ 1977 • THE •A•.MERICAN INSTITUTE OF-\RCHITECTS, 173+ N[\\ 1s 1uK AVI N W . WnSHINGION, D. L 200tt' e_gc_3od OThe Ohio Casualty Insurance Company AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Toro Engineering & Construction 1038 S.W. 13th Court Pompano Beach, Florida 33060 OWNER (Name and Address): City of Tamarac Oe 7525 N.W. 88th Avenue Tamarac, Florida 33321 SURETY (Name and Principal Place of Business). Corp -THE OHIO CASUALTY INSURANCE COMPANY 136 North Third Street Hamilton, Ohio 45025 CONSTRUCTION CONTRACT Date: November 15, 1989 Amount: $1,341,051. Description (Name and Location). Multi --Purpose Center 7531 North University Dr., Tamarac, Florida BOND Date (Not earlier than Construction Contract Date) Amount: $1341, 051. Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: Toro Engineering orate Seal) Construction Corp. Sign e: Name and Title: T omas S ghnessy Pr 1de t (Any additional signatures appear on page 6) November 15, 1989 ❑ None ❑ See Page 6 SURETY THE OHIO CASUALTY INSURANCE COMPANY Company: (Corporate Seal) Signature: Name and Ti John W. Charlton Attorney -In -Fact (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Surety Services of FL., Inc. Other party): Scharf & Assoc. , Inc. 1110 Brickell Ave., Ste. 430 3407 N.W. 9th Ave., Ste. 200 Miami, FL 33131 Ft. Lauderdale, FL 33309 (305) 373-8810 566-2700 AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA 9 THE AMERICAN' INSTITUTE Or ARCHITECTS, 1735 NEW YORK AVE_ N.W., WASHINGTON. D.C- 200D6 A312-1984 4 S-4149C 1 The Contractor`a�nA,trte Surety, jointly an� severally, bind themselves, their-hcirsr executors, adrnlnlstrators, successors and assign's to the Owner -fd- pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construc- tion Contract, provided the Owner has promptly noti- fied the Contractor and the Surety (at the address de- scribed in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, di- rectly 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 by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with sub- stantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the mate- rials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received with- in 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paidwithin theabove 30days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a cope, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copyof the previouswritten notice furnished to the Contractor. S If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compli- ance. 9197,300 6 When the Claimant has satisfied the conditions of Para- graph 4, the Surety shall promptly and at the Surety's ex- pe nse take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for chal- lenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obliga- tions to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, ii - . ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions, 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdic- tion in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Sub- paragraph 4.1 or Clause 4.2 (iii), or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. I(the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applica- ble. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be suffi- cient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall# be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA a THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 A312-1984 5 r 0 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: r - g � _ 300 Construction Contract, architectural and engineering services required for performance of the work of the "C66traetor and the Contractot's'sttbcbntractors, and all other items for which a Mechanic's lien may be asserted in the iurisdiction where the labor, materials or equipment were furnished. 1S.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 1S.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company. (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERIORMANCE BOND ANU PAYMtNI W ND • DEC[MB[R 19&4 (D.. AIA � THE AMERICAN, INSTITUTE OF ARCHITECTS. 1735 NEW YORK AV( , N \k., WASHINGTON, I) C 200W, A312-1964 6 BOND NO. 2-304-406 .. - R_ g9.3eo � O The Ohio Casualty Insurance Company CA C AIA Document A312 Performance Bond Any singular reference.to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Toro Engineering & Construction Corte OHIO CASUALTY INSURANCE COMPANY 1038 S.W. 13 th Court 136 North Third Street Pompano Beach, Florida 33060 Hamilton, Ohio 45025 OWNER (Name and Address): City of Tamarac 7525 N.W. 88th Avenue Tamarac, Florida 33321 CONSTRUCTION CONTRACT Date: November 15, 1989 Amount: $1, 341, 051. Description (Name and Location): Multi -Purpose Center 7531 North University Dr., Tamarac, Florida BOND Date (Not earlier than Construction Contract Date): November 15, 1989 Amount: $1,341,051. Modifications to this Bond: ® None ❑ See Page 3 CONTRACTOR AS PRINCIPAL Company: Toro Engineering rate Seal) & Construction Cor Sign Name and Title:Thomas ghnessy Pres' e (Any additional signatures appear on page 3) SURETY THE OHIO CASUALTY INSURANCE COMPANY Company: (Corporate Seal) Signature: Name and Ti oh W- Charlton Attorney--In-Fact (FOR INFORMATION ONLY —Name, Address and Telephone) IENT or BtOKER: OWNER'S REPRESENTATIVE (Architect, Engineer or urety Services of FL., Inc. other party): Scharf & Assoc. , Inc. 1110 Brickell Ave., Ste. 430 3407 N.W. 9th Ave., Ste. 200 Miami, FL 33131 Ft. Lauderdale, FL 33309 (305) 373-8810 566-2700 AIA DOCUMENT.A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1W ED. - AIA A THE. AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 200% S-4149c A312-1984 1 1 The Contractor and the Surety, jointly and severally, bind themselves,'their heirs, executors,` administrators, successors and assigns to the Owner for the jerformance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, exfept to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the BLance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cf.ss of the Balance of the Contract Price incurred by the Owner resulting from the Contractor'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 r2-87-3oc'� which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract 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 Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions_ 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- 0 curs t. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DtCEMBER 1984 ED. - AIA 49 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 A312.1984 2 0 0 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the constructionwas to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: K-'R�-3co tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the to-ms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Sections 255.05 or 713.23, Florida Statutes, whichever is applicable, are incorporated herein reference. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • f)F('EMBFR 1484 11) AIA THI AM[ RICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AV( , N.W., WASHINGTON. 1) ( ,INlllh A312-19B4 3 CERTIFIED COPY OF POWER OF ATTORNEY THE OMO CASUALTY INSURANCE COMPANY H01a oli•FICF, "" MTON, OMO No. 25-709 �Rnafn P1 Arn bog Z*e f rrsents: That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance Of authority granted by Article VI, Section 7 of the By-laws of said Company, does hereby nominate, constitute and appoint_ Antonio Lauretta or Debbie Lauretta or John W. Charlton - - - - - - - - - of Titusville, Florida - - - its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance FIVE MILLION — — — — — — -- — — — -- — — — — — — — — — -- _ — —(s 5,000,000-00 — —)Dollars, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, fully to all intents and as if they had been duly executed and acknowledged be the regularly as and amply, purposes, elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. ``111ta��e In WITNESS WHEREOF, the undersigned officer of the . said The Ohio Casualty Insurance Company has hereunto subscribed his name and affixed the Corro�°rate Seal of the JU Corr 18th day 1989. said The Ohio Casualty Insurance Company this of y SEAL Ise _K 1.01 ......................................................... Assistant Secretory STATE OF OHIO, SS_ COUNTYOF BUTLER On this 18th day of July A. D. 19 89 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came John B. Vail, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONYVi'HEREOF, I have hereunto set mj hand and affixed my Of{icial eA,wrwu/pr Seal at the City of Hamilton, State of Ohio, t and )'ear first above written. H : \otary Puh is in ni of Butler, Stair ,16 hio 4r� ewtts My Commission expires Q. cemt�e.r.-.2rJ..,....1...c9..1-n -- This power of attorney is granted under and by authority of Article \11, Section 7 of the By -Laws of the Company, adopted by its directors on April 2. 1954, extracts from which read: "ARTICLE \'1" "Section 7. Appointment of Atmrrry-in-Fact, etc- The chairman of the beard, the president, any vice-president, the secretary or any assisiam secretary shall be and is hereby vested with full power and authority to appoint attorneys -in -fact for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, rrcognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance u> 6r given in favor of am individual, firm, corporation, or the officia! representative thereof, or to an)• county or state, or any official board or boards of county or stair, or the United States of America, or to any other political sub- division." This instrument is signed and sealed bi facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27, 1970: -kFSOI.\'I-D that the signature of am officer of the Company authorized by Article \11 Section 7 of the by-laws to appoint attorneys in fact, the signature of the Secretary or anv Assistant Secretary certifying; to the correctness of any cops of a P--11<t Ot anornes any the seal of the (-, .^.)fans may he affixed hs f.trsimile i.i a; c paver of attorney or copy thereof issued m befall of the [Company. Such sig;natuics and seal arc hereby adopted by the (,.,Apart\ as ong;nt.il sig;nnures an.l. seal. io be valid and binding upon the Compam with the same force• and effect as though manually affixed." CERTIFICATE • 1. the undersigned Assistant Secretary of The Ohio Casualty Insurance Compan), do hereby certify that the foregoing power of attorney, Article VI Section 7 of ihr by-laws of the Company and the above Resolution of its Board of NOVeti are true and correct copies and are in full force and effect on this date. iN WITNESS WHIiREOF, 1 have hereunui ,ci my hand and the seal of the Company this 15 th day of A-D-, 198 9 ..... _ e- gq ..- 5oo �►�: r��::�. CERTIFICATE 4F INSURANCE ISSUE DATE summD/ti'Y; I PRODUCER 10/30/89 . THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CQNFERS B i -M C NO RIGHTS UPON THE CERTIFICATE MOLD R n on a c utchen-Bradshaw P.O. Box 2490 Boca Raton, FL. 33427 CODE INSURED SUB -CODE oto Engineering & Construction Corp. 038 S.W. 13th Ct. ompano Beach, FL. 33069 EXTEND OR ALTER THE COVERAGE AFFORDED BY THERPOLIICIES g LOWOT AMEND. COMPANIES AFFORDING COVERAGE COMPANY A LETTER FCCI SIF COMPANY B LETTER LETTER TTE"RC COMPANY D LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION .TR POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DDrYY) ALL LIMITS IHIB2UJANDS GENERAL LIABILITY I COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR. OWNER'S A CONTRACTOR'S PROT. AUTOMOBILE LIABILITY ANY AUTO ` ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY OTHER THAN UMBRELLA FORM wORKER'S COMPENSATION A ANO EMPLOYERS' LIABILITY OTHER t40V 2 1989 1()Ro ENGII.LERING AN' rONSTRUCTION CAR^ GENERAL AGGREGATE S PRODUCTS`COMP/OPS AGGREGATE S PERSONAL i ADVERTISING INJURY S EACH OCCURRENCE S FIRE DAMAGE (Any one lire) S MEDICAL EXPENSE (Arty one Person) S COMBINED SINGLE ; LIMIT BODILY INJURY S (Per Person) BODILY INJURY S (Per =Cieent) PROPERTY S DAMAGE EACH AGGREGATE OCCURRENCE S S STATUTORY 7-18-6682-001 1/1/89 12/31/89 : 100 500 = 100 DESCRIPTION OF OPERATIONS/LOCAT*KSMEHICLESMESTRICTIONS/SPECIAL ITEMS (EACH ACCIDENT) (DISEASE —POLICY LIMIT) (DISEASE —EACH EMPLO) �RE: Tamarac Multipurpose Center, 7531 N. University Dr., Tamarac, FL. / CERTIFICATE HOLDER CANCELLATION 1 SHOULD ANY of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 'y of Tamarac EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO , 5 N.W. 88th Ave. MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE raC, Fj„ LEFT, BUT FAILURE TO MAIL SUC TILES LL IMPOSE NO OBLIGATION OR I LIABILITY OF ANY KIND UPON 7 CO IPANY TS GENTS OR REPRESENTATIVES I ACORD 25-S TORPOR 986 PRODUCER 1H;S CEH;It d;AIF 1;+ 1$5t•'CL! ! A M-411CTt OF j%r-Oiii.t+.Ili_': afar AND l3Flf @(tS NU (41CiHTS UPON 'Ii( .Fr y:r!CA7E HnLDcR. THIS CERTIFICATE DOES NOT AMEND. leg Kost:a5 & Poole Insurarnpe EXTEND Op ALTER THE CO%-FRAGC AFFORDED aY THE POLICIES BELOW i. Box 2107 1lywood, Florida 33022 COMPANIES AFFORDING COVCAAGE iUU•COOE /NWRED " 7bro Fngb-, a ing & Odnstruct:ion Corp. 1038 S.W. 13th Ct. Parpano Beach, Florida 33060 C►NY A LETTEr1�JvnnAuto lnfiU1:a1' ce Oo. C'U"PANY LETTER B Stand-=d Fire Insurance CAWVANY �+ LETTERS I CT3LZty LETTER OULIFANY E L 677E R THIS iS TO CERTIFY THAT THE PO-IL'IES OF INSURANCE I,IfiTEO SELOYI HAVE BEEN ISSUED TO THE !NSURED NAMED ABOVE FOP THE POLICY PERIOD WOZATED, N070tiTHSTANDIN(' Afar RE0j;P A\EtI?, TEnm (17 CONDft10•r of At:Y CO NTFAC 1 01' OTHER DOCUMvNT WITH HESF'ECT TO WHICH THI,`',. CERTIFICATE MAY BE ISSUED OR IAAY FERTAIN, THE INSUP-AINCE AFKOHCED 6: T.-E FOJ;:-IFS DESCRIBED HEREIN IS SUBJECT TO ALL THE TEr?MS. EXCLUSIONS ANI) COHGIT;O:NS OF SUCH POL'SIES. LIMITS SHOWN PAY HAVE BEEN REDUCED BY PAID CLAILPS. CO TYPE OF WSURANCE POLICY NUMBER PCLICT tFFLCTIvF 'GLICY FreIRATMN LTR LATC ;U11 r1[i:vr'1 DATE IMLA•.fDD,YYI LI. 4110I76 IN A AIJ1M 41KNERAZ LIADILIT► A x COM1JE11CIAL GE\.:gAL LUSIL'1 \ (:I.AUSS MAjE 'X C-rXUr: x OWNER'S 6 001.7I+AC•TOR'S PROT. 1 AUTOMCWILE L4ABILITY K At$` AJTG X ALL OWNED AVT:'= X SCHEPULEO AUTOS x 4410to AtJTAS I.DIJ•Oq NE�J a'Ji1_ GARASC LIAS't,T\' fYI:fSS 4;Asltlt'/ C DTnE� 7N�Il iMtlP`e.a.A FC•la.: WONACA's C0I/PE11"I IVN ANC EMPLOY1114C LIADIL 1 • Y OTHER i GENERAL A30FISGATE $1, 000 T taRODUCTS-COMP". AGGREGATE f 1, 000 _;CRj&IAL 9 ADVERTISIN+ INJURY S 500, EACH OCCURRENCE s 500, : FIRE OAUAGE (Any OM MCI t 100 t ~MEDIGAI„ EKPEN34! (Ant ene 6o•uen) L 5, • CO'y181NEJ SINGLE f LIMIT 5001 EODILY INJURY s 1 (Pot PatoA) 1 9001LY INJURY (Pw t•CCIWntl PROPERTY s DAMAGE FArt•. AGGREGATE 1 51w1y:GRv s I01CH ACCfE?EN0) s (\71GEA+E--POL1Cr L11a�:I � s (DISEASE —EACH EMPLOr EE,, I i 2=6619674 3/1"1/89 3/17/90 23PJ061E92 3/17/89 3/17/90 23XS5$31108 OEtCRI/TION OF arc RATIONS/LOCATIONSNEMCLESIREBI/UGT#ON$t2PCC'AL TTEM3 RP-: ProjecL - Tamarac Multi-Pm-PoSe Canter, 7531 N. th-veysiLy Drive, Tan raC, Fla. 33321 CERTIFICATE NOLDEA� CANCELLATION "ity of T`unarac 325 N.W. 88th Ave act Floridd 33321 ACORO 26-S (21mu) SHOULD ANY Of IINL AtRQVE OeSCFIBED POLICIES BE CANCELLED BEFORE THE EX9'IRAT:0I: DATE 1HEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL WF'TTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, OUt FAILURE 10 AIAIL SUCH 1,107ICE SHALL IMPOSE 1.0 C-BtIG°ATION OR L iMt+T� OF ANY I-I:U .IPON'.HE COMPANY, ITS_AC4tqS OR REPRESENTATIVES WTHOft*CD RCY/1C6tNTATiYE // i _ Q?ACORp CORP 'pr1iATtON 198E