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2009-27 Bid Award Canal DredgingRESOLUTION 2009-27 • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE BID SUBMITTED BY SNYDER INDUSTRIES, INC. FOR THE CANAL NUMBER 18 AND CANAL NUMBER 19 DREDGING PROJECT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village issued an Invitation to Bid for the dredging of Canal Number 18 and Canal Number 19, located to the north and south of Doolan Court ("ITB"), and received four bids in response to the ITB; and WHEF:EAS, Village Administration, in conjunction with the Project Engineer, reviewed each of the bids and recommend accepting the lowest responsive bid submitted by Snyder Industries in the amount of $96,000.00; and WHEREAS, based on such recommendation, the Village Council determines that the acceptance of the bid submitted by Snyder Industries, Inc. is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals aze ratified as true and aze incorporated herein. Section 2. The Village Council hereby accepts the bid submitted by Snyder Industries, Inc. for the dredging of Canal Number 18 and Canal Number 19 in an amount not to exceed $96,000.00, with funds expended from Account No. K5200-49930 (Canal Dredging Project). Section 3. The Village Council authorizes and directs the Mayor and Village Clerk to execute an agreement with Snyder Industries, Inc. for such services. A copy of the agreement, which was included in the contract manual accompanying the ITB, is attached hereto and incorporated herein. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 9th DAY OF APF (Village Seal) ATTEST: VILLAGE CLERK EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is by and between Village of North Palm Beach, a Florida municipal corporation (hereinafter called OWNER} and Snvder Industries, Inc., a Florida corporation (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK- 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Work of this proposed Contract is generally described as the dredging of soils and other materials from two canals that within the Village of North Palm Beach. The work will also consist of the disposal of the dredge material in a manner consistent with local, State and Federal regulations. ARTICLE Z -THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Village of North Palm Beach -Dredging Project: Canals 18 & 19 ARTICLE 3 -ENGINEER 3.01 The Project has been designed by East Bay Group, Inc. 631 U.S. Highway One, Suite 400 North Palm Beach, FL 33408 Who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. 00500-1 Agreement Form ARTICLE 4 -CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or before sixtX (60) days after the issuance of the Notice to Proceed and completed and ready for fmal payment in accordance with paragraph 14.07 of the General Conditions on or before ninety~90) days after the issuance of the Notice to Proceed. 4.03Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $300.00 for each day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $ 300.00 for each day that expires after the time specified in paragraph 4.02 for completion and readiness for fmal payment until the Work is completed and ready for fmal payment. ARTICLE 5 -CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs S.O1.A, below: A. For all Work other than Unit Price Work, a Lump Sum of: Ninety-Six Thousand Dollars and 00/100 Dollars ($96,000.00) (use words) (figure) All specific cash allowances are included in the above price and have been computed in accordance with paragraph 11.02 of the General Conditions. ARTICLE 6 -PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02Progress Payments; Retainage 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: a. 90% of Work completed (with the balance being retainage). If the Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER 00500-2 Agreement Form and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed less the aggregate of payments previously made; and b. 80% of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 90% of the Work completed, less such amounts as ENGINEER shall determine in accordance with paragraph 14.02.B.5 of the General Conditions and less 100% of ENGINEER'S estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon fmal completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 7 -INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for, having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 00500-3 Agreement Form H. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. I. Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 -CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 6, inclusive); dated ~ 2. Performance Bond (pages 00610-1 to 00610-2, inclusive); dated 3. Payment Bond (pages 00620-1 to 00620-3, inclusive); dated c'o ~ 4. Other Bonds (pages 00630-1 to 00630-2, inclusive); a. Bid Bond (pages 00410-1 to 00410-2, inclusive); ~~ ~~ ~~~ b. N/A (pages to ,inclusive); 5. General Conditions (pages 1 to 45, inclusive); dated 1996 Edition; 6. Supplementary Conditions (pages 00800-1 to 00800-4 inclusive); 7. Specifications as listed in the table of contents of the Project Manual; dated September 2004 8. Drawings consisting of a cover sheet and sheets numbered 1 through 4.6 inclusive, with each sheet bearing the following general title: Village of North Palm Beach Maintenance Dredging Project: Canals 18 & 19 dated August 2004. 9. Addenda (numbers N/A to ,inclusive); 10. Exhibits to this Ageement (enumerated as follows): a. Notice to Proceed (pages 00920-1 to 00920-1, inclusive); b. CONTRACTOR'S Bid (pages 00300-1 to 00300-5, inclusive); c. Notice to Award (pages to ,inclusive), dated 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Order(s). 00500-4 Agreement Form B. The documents listed in paragaph 9.O1.A are attached to this Ageement (except as expressly noted otherwise above}. C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the General Conditions. ARTICLE 10 -MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, ageements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Other Provisions A. If any dispute arises between the Contractor and Owner and such dispute results in mediation or litigation, the prevailing party shall be entitled to reasonable attorney's fees and all costs of litigation, both at trial and at the appellate level, from the non-prevailing party. 00500-5 Ageement Form IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will, be effective on ~~~~~~ (which is the Effective Date of the Agreement). OWNER: B~ CONTRACTOR Sn der Indus ' s I By: a ~ " ~~ [CORPORATE SEAL] Attest ~ Address forgiving notices: The Viliaue of North Palm Beach 645 Prosperity Farms Road North Palm Beach, FL 33408 (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of OWNER-CONTRACTOR Agreement.) [CORPORATES AL], Attest ~ ~ 9 ~~ Address for giving notices: ~ ; ~ a Snyder Industries, Inc. 2821 NE 52nd CT Lighthouse Point, FL 33064 License No. U-19144 (Vv'here applicable) Agent for service of process: Kurt R. Dionne, President Designated Representative: Name: Wilev Livineston Titte: Village Public Works Director Address: 645 Prosperity Farms Road North Palm Beach. FL 33408 Phone: 561-691-3440 Facsimile: 561-626-5869 (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Name: Jessica Dionne Title: Project Manager Address: 2821 NE 52nd Ct Lighthouse Point, FL 33064 Phone: (9~) 782-6000 Facsimile: (9~) 782-2865 00500-6 Agreement Form ~` ~ ..-~ ~ i+,r~ p~ /`~ C/ I'~ CERTIFICATE OF LIABILITY INSURANCE OP ID DI DATE (MM/DD/YYYY) ~ / SNYDE-2 04 03 09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bouchard-Clearwater ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 101 Starcrest Drive HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Box 6090 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Clearwater FL 33758-6090 Phone: 727-447-6481 Fax:727-449-1267 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: IIIS CO Of the State of PA 19429 INSURER B: National 7.iability E Pire Ise 20052 Sayder Industries, IAC• Laura Dionne INSURER C: Fireman's Fund Insurance Co 2821 NE 52nd Court Li hthou e Poi t FL 33064-7864 INSURER D: Pro ressive Express Ins Co g n s INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO W RICH 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. AGGREGATE LIMITS SHOW N MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DA ECMhEi1FDDCT DATE MM/DD ON LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 ~ OOO ~ OOO B X X COMMERCIAL GENERAL LIABILITY LBN00407 02/13/09 02/13/10 PREMISES (Eaoccurence) $50,000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ 5 ~ OOO PERSONAL&ADVINJURY $ 1, OOO~ OOO GENERAL AGGREGATE $ 2~ 0 0 0~ O O O GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 1 ~ O O O ~ O O O POLICY PRO JECT LOC Smp Ben. 1, 000, OOO AUT OMOBILE LUU3ILITY COMBINED SINGLE LIMIT $ 1 0 0 0 0 O O D ANY AUTO 01895164-6 10/15/08 10/15/09 (Ea accident) ~ ~ ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS /UMBRELLA LIABILnY EACH OCCURRENCE $ S~ O O O~ O O O $ OCCUR ~ CLAlMSMADE LBN00408 02/13/09 02/13/10 AGGREGATE $ 5, QOO~ QOO DEDUCTIBLE $ X RETENTION $ 25 ~ OOO $ WORKER ANDEMP S COMPENSATION LOYERS' LUU3ILTTY - - X TORY LIMITS ER A YfN ECUTIVy-~ WC5386027 02/04/09 O2/O4/lO E.L,EACHACCIDENT $ 1r000~O00 OFFICER/MEMBEREXCLUDED (Mandatory in NH) L.~ E.L. DISEASE - EA EMPLOYEE $ 1 ~ 0 O O ~ 0 O O If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1 ~ 0 O 0 ~ O O 0 OTHER C Equipment Floater MXI97002243 02/13/09 02/13/10 LIMIT $510,275 DSD $2.500 DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS CERTIFICATE HOLDER IS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABLITY SUBJECT TO ALL TERMS, CONDITIONS AND EXCLUSIONS OF THS POLICY. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THSVILL DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL THS VILLAGE OF NORTH IMPOSE NO OBLIGATroN OR LIABILrrr OF ANY KIND UPON THE INSURER, RS AGENTS OR PALM BEACH 501 US HIGHWAY 1 REPRESENTATNES. NORTH PALM BEACH FL 33408 AUTHORIZED REPRESENTATIVE AGORD 25 (2009101) ~ 19r~Z9G9 AZORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ~ - .~ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009101) AFI's"IAA-VIT >~R S1URl~TY C~MPAh~fiY TO: Village of blord~ Palm Beach RE: COAITRACT BR: CONTRACT TITI,F: Village of l~lorth Palm Beach ~ Maintenance Dredging Project: Canals 1 ~ ~ 19 C®N'TRAC'TOR: dame: SNYDER INDUSTRIES, INC. Address: 2821 NE 52ND COURT, LIGHTHOUSE POINT, FL 33064 Telepbone: 954-782-6000 A~tOt1ATT ®F BOND:_ $ n n n SITRIdTY C®~fiY: l~"anae: Address: 789 E LANCASTER AVENUE, #200, VILLANOVA, PA 19085 Telephone: 614-664-2324 954- S1-20 0 BBFO>~ 11~, the undersigned authority, personally appeared the AFFIANT, tivho being duly s~®rn and says: (I) I~elShe is o -r T v _ I ~i _ F g ~ T of the Surety Oo~pany; (~icership) (2) In accordance ~vitb Section 2117.0935, Florida Sta~rtes, the Surety Company fulfills each of the foltotving pmvisi®ns: (a) The Swett' Company is licensed to do business in the State of Florida; (b) The Surety Company holds a certificate of authority authoring it to «+rite surety bonds in Florida; (c) The Surety Company has hvice the minimum surplus and capital required by tl~e Florida Insurance Bade at the time the invi~on to bid is issued; (d) The Swett' Company is otherwise in coanpliance with the provisions of the Florida Inswanee Code; aad {e) The Swett' Company holds a currently ~salid certificate of authority issued by ~e united Stated Departsent of Treasury under 31 LB.S.C. ss. 930 to 9301;. I~TI~ Sigaatwe of AI=FIAI`IT (®~cer of Surety Company) ATTY-IN-FACT Title of AFFIAD~IT STA`TB OF F L O R I D A C®IT~TY ®F R R ~~ g R n Before me this day personally appears P H Y L L I S ARTHUR ~vha, being duly sworn, executed this AfFidavit anal aclma~~ledged to and before me the truthfulness and accuracy of the statements in the Affidavit. S~V® T® AND Si~BSCRIBBI~ before the this 6 T H day of APRIL , 20 0 9 , by AFFIAI~T, 4vha is personally lmotvn to me. 13y: ~ Naitie: ~ J~ fret' V. Gillispie ~"O I'AR~F P 'o * Commission # DtZ 009 ~$ ~oQ Expires May 31, QF P. 8ondod Tfoy Fain • Insurance, Inc. 8043857010 ~,.ka, o<PaY p~e~ Jeffrey V. ~`~;?:-; ~: . } # ~* Commission- _; r;UG • `~ o` Expires a,r; .; :-,g j ~OF A-~ 9onQadTreyFL ~ . -- r_'StiS- (j Facpuati®n ~Ji te: 004~0(A)1 Affidavit for Surety Co. I~~~~n~~n~ I~®~~l Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicabk. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): .SNYDER INDUSTRIES INC '2821 NE 52ND COURT FLRST SEALORD SURETY I,NC LIGHTHOUSE POINT, FL 33064 789 E LANCASTER AVENUE, # 200 OWNER (Name and Address): V I L L AN O V A, P A 19 0 8 5 Village of North Palm Beach 501 U.S. Highway One North Palm Beach, FL 33408 CONTRACT Date: Amotmt: $ 9 6, 0 0 0 Description (Name and Location): Village of North Palm Beach Phase III -Canal Dredging Pmject No. CANAL 18 ~ 19 BOND # 09-2618 Date (Not earlier than Contract Date): 4 / 6 / 2 0 0 9 Aa~otmt: $ 9 6, 0 0 0 ' Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly exocuted on its behalf by its suttmrized otFcer, agent, or representative. CONTRACTOR AS PRINC~AL Company: ~ ~ e ., ~ .~ ~ (Cmp. Seal) Signattm: ~ Narrre and Title: ~~'$- , ~~o®~~~. s ~~~~~ SURETY Company: (Cow. Seal) d~ Signaturo: ~, Name and Tide: (Attach Power of Attorney) (Spatz is provided bebw for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL SURETY Cotrtpatty: (Corp. Seal) Company: (Corp. Sesl) r Signature: ~ Signature: ;~ Naive and Titk: ~~6~~ ~ o ~u®~~ ~ D '~ ~`~~~~S~~i'Name and Title: ~ ,, EJCIJC No. 1910-28-B (1994 Edition) , Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 00620-1 ~c~~°~~~~~~ ~ ~~ singular reference to ~on~ctgr, surety, ®~vner er ®ther p~ shall be co~idered plural where applicahte. ~®~`f~A~'®~ dame anal Address): SNYDER INDUSTRIES, INC 2821 NE 52ND COURT LIGHTHOUSE POINT, FL 33064 ©~1v~R (Ivaxne and Address}: pillage of Alorth Palms >~cach SO1 ~.~. €figh~~ay ®cte ~®rth Pam Deacl~, p~ ~3~411 ~t'TY (l~a~e and Address of principal place ofBustness)' FIRST SEALORD SURETY INC 789 E LANCASTER AVE # 200 VILL'ANOVA, PA 19085 ~®~TRA~1' Date: amount: $ 9 6, 0 0 0 Dcserip~on (ante and l~ccat~®rt): ~~~s~ ~[?~ - ~~~ ~~e~~nc~~ >~®l~D # 0 9 - 2 618 Date (]got earlier the contract Date}: 4 / 6 / 2 0 0 9 Amount: $ 9 6, 0 0 0 ~~®dificati®ns to this ~®nd l~orffi: ~t~ty and ~n~ractor, i~ttending to he legally h®und h~r~by, sub,~ect t® the terms printed on ~e re~et~e side here®f, do each cause this Perforrn~ace Fond to he duty e~ecttted on its behalf by ids autlt®ri~d ®~cer, agent ®r representa~~e. ~~~~~: ~ (~ . deal) ~i~a~re: `° - - i~art~e and ~'itlp: ~~~ ~. 8 o®~a~~ ~ ~~~~~.61'~'° (~pae~ is pr®~ided below f®r si~atures of additi®nal pareies, if re~u.} company: ~'~rp.'~eal) ~i~ature: _ _ -~ a ~lannc anti `fide: (Attach P®~ver ®f Att®rncy) . ~~+~o~ati~ pre~ar~ t~u~~ tae g~c~at effi~r~ ®f the ~a~~ty~ A~s~3ati~~ ®F A~-~~iea, ~ae~aaec~ I~s~t ~~~t~aet ~~~~e®ts ~®ea~dite~, tie ~~~~~iated ~ennefa9 ~atra~t~r~ ~t ~l~e~a~a, a~~ ~e Aca~s l~sc~t~t~ ~f A~~iteet~. ~Ob 1 pe I perfortuatt~ ~®nd First Sealord Surety, Inc. Power No: MIA-0077-09-02205 Power of Attorney - KNOW ALL MEN BY THESE PRESENTS: That First Sealord Surety, Inc., a corporation of the Commonwealth of Pennsylvaniat (hereinafter the "Company") has made, constituted and-appointed, and' by these presents does make, constitute and appoint Frank H. Furman, Jr., Phyllis Arthur, Dirk DeJong and/or Robert Foote all of Pompano Beach, Florida its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a similar nature as follows: _ "**""""""" Not To Exceed Four Million Dollars---------------•---_------~--($4,000,000,00} '~`******** Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duty executed by the aforesaid Attorney-in-Fact, shalt be binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized offrcers of the Corporation and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuantfo t#~e following By-Laws which were duly adopted by the Board of Directors of the said Corporation on April 7, 2003 with all Amendments thereto and are stillin full force and effect: "Article XII: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Undennrriting Undertakings, and Instruments Relating Thereto Section 12-1, Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereunder, sha14 be signed in the name and on behalf of the Corporation: a} by the Chairman of the Soard, the President or a Vice President., and by the Secretary or an Assistant Secretary; or b) by an Attorney- in-Fact for the Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to make such signature; or c} by such other officers or representatives as the Board may from time to time determine. The seal of the Corporation shall if appropriate be affixed thereto by any such offrcer, Attorney-in-Fact or.representative. The authority of such Attorney-in-Fact and Agents shall be as prescribed in the instrument evidencing their appointment.. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors orby any- . person empowered to make'such appointment." IN WITNESS WHEREOF, First Sealord`Surety, fnc. has-caused these presents to be'duly signed and its corporate seal to be hereunto affixed>and duly attested this 20th day of January, 2004. -'~ ^~ ~~ - First. Sealord Surety, Inc. `~~~> > mz~:1c r4p1~9, ~~ / (Seal) v ~;~xsr~u?'~cyr Attest: { By: •,,,~~ -......~.o , Gary t. Bragg;:Secretary Joel D. Cooperman, Vice President Commonwealth of Pennsylvania County of Montgomery ;- '' '- On this 20th day of January, 2004, before me personally appeared Joel D. Cooperman, Vice President of First Sealord Surety, Inc., with whom 1 am personally acquainted, who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is Vice President of First Sealord Surety, Inc., the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Corporation; that the. seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; and that he s ned h ~~ ~,{g,,,~ 4 ~ name thereto as Vice President of said Corporation by like'authonty. irfaMMONV41EAiili QF ~S~p~y~,ygN ~- Normal Seat. ~ ~v ~~~~~ Mtlwny T..R`ii 84~r8rt, NCeery Fut~G , (Seal) c~ ~~ ~' >s -Notary Public I,oroverMer{a-i4+rR.Hor~rCouMy ,~, ~ ~~ :~4 ~ ~ 11ilyCornrKrlssion~Cplr+~AU~~-2010 ~,mo'.bsv~~Y c,_ CERTIFICATE tutember,f+ehnsY~antaAssddattmditQataarlea I, khe undersiJYtied Secretary of FirstSeatord Surety, Inc. do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the' Officer who executed thesaid Power of Attorney was one of the Officers authorized by the Soard of Directors to appoint an Attorney-in-Fact as provided in Section 12-1 of the By-Laws of First Sealord Surety, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By-Laws of First Sealord Surety, Inc..: "Section 13-2. The-use of a printed facsimile of the corporate. seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XII, Section 12-1 of the By-Laws appointing and authorizing an Attorney-in-Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other instruments described in said Section 1'2-1, with like effect as if such sea6 and such signature had been manually affixed and made."" In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents this 6TH day of APRIL , 2009 . Q~-2618 This power of attorney is void unless the Bond number is inserted in this paragraph (insert Bond # here j, the bond number is the same number as on the original bond, d the bond number has been ..inserted by an officer ar employee of the Company or by the agent. (seal) Ga L. Bragg, ecretary 2009 FOR PROFIT CORPORATION ANNUAL REPORT DOCUMENT# 445159 Entity Name: SNYDER INDUSTRIES, INC. Current Principal Place of Business: 1290 NW 15TH STREET POMPANO BEACH, FL 33069 US Current Mailing Address: 2821 NE 52 COURT LIGHTHOUSE POINT, FL 33064 US FEI Number: 59-1511693 FEI Number Applied For [ ) Name and Address of Current Registered Agent: DIONNE, KURT R. 2821 NE 52 COURT LIGHTHOUSE POINT, FL 33064 US FILED Mar 04, 2009 Secretary of State New Principal Place of Business: New Mailing Address: FEI Number Not Applicable () Certificate of Status Desired (X) Name and Address of New Registered Agent: The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Election Campaign Financing Trust Fund Contribution ( -. OFFICERS AND DIRECTORS: Title: P ()Delete Name: DIONNE, KURT R Address: 2821 NE 52 COURT City-St-Zip: LIGHTHOUSE POINT, FL 33064 Title: ST ()Delete Name: LAURA, DIONNE Address: 2821 NE 52 COURT City-St-Zip: LIGHTHOUSE POINT, FL 33064 Title: VP ()Delete Name: VALENTI, DARRELL J Address: 2388 NE 30 COURT City-St-Zip: LIGHTHOUSE POINT, FL 33064 Date ADDITIONSICHANGES TO OFFICERS AND DIRECTORS: Title: {)Change ()Addition Name: Address: City-St-Zip: Title: ()Change ()Addition Name: Address: City-St-Zip: Title: ()Change ()Addition Name: Address: City-St-Zip: I hereby certify that the information supplied with this filing does not qualify for the exemption stated in Chapter 119, Florida Statutes. I further certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with an address, with all other like empowered. SIGNATURE: LAURA M. DIONNE ST 03/04/2009 Electronic Signature of Signing Officer or Director Date