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HomeMy WebLinkAbout2008-179-3 - SECTION 00530 - EJCDC STANDARD FORM OF AGREEMENT �1r o F )77 BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT ("Agreement" or "Contract'), dated the Y6 day of , &*,,sL in the year 2008 by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and SPS Contracting. Inc. of Vero Beach. FL (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 WORK CONTRACTOR as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material, and equipment to perform the work as specified or indicated in the Contract Documents. The work is generally described as follows: A. CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows which shall include, but is not necessarily limited to the following. Indian River County (IRC) proposes to construct potable water, non - potable water and wastewater improvements generally within the Florida Department of Transportation (FDOT) right-of-way of State Road 60 (SR 60) between the 8300 block of SR 60 (lust west of 827d Avenue), and Indian Creek Boulevard in Indian River County, Florida. The improvements are intended to replace and/or adjust existing water, non potable water, and wastewater systems in a manner that will eliminate potential conflicts between /RC's systems and future FOOT roadway improvements. The FDOT's roadway improvements are not Included in the scope of work under this Contract Water Main Potable Water improvements consist of. On the north side of SR 60, from 8300 SR 60 to 7500 SR 60 (Pine Creek Boulevard), the replacement of 16" water main with 4312/f 16" PVC, and 1125 /f 18" HDPE Directional Bores (3 bores). On the south side of SR 60, from 82nd Avenue to 8000 SR 64 the construction of new we ter main loop, with 644 If 12" PVC and 230 K 14" HDPE Directional Bores (2 bores). On the south side of SR 60, from 7700 SR 60 to 7500 SR 60 the replacement of 12" water main with 198 /f 12" PVC, 340 /f 14" HDPE Directional Bore (1 bore), and 742 If of 14" HDPE (Conventional Open Cut). 00530-1 Crossing SR 60 at 82d Avenue, the replacement of 12" water main with 10 If 12" PVC and 2001f 14" HDPE Directional Bore (1 bore). Crossing SR 60 at Mh Avenue, the replacement of 12" water main with 10 If 12" PVC and 1471f 14" HDPE Directional Bore (1 bore). Construction of four (4) vertical deflections for existing water mains to eliminate conflicts with future roadway and drainage improvements. The Contract requires new water mains to be connected to existing facilities at several locations and for existing systems to be replaced and to be removed and/or abandoned and grouted in accordance with the Contract specifications. The Contract requires that existing services to potable water users not be interrupted. Sewer Force Main Sewer Force Main Improvements consist of- - On the north side of SR 60, from 8300 SR 60 to 82+d Avenue, the replacement of 4" force main with 530 If 4" PVC. — On the south side of SR 60, at 8000 SR 60, the replacement of 10" force main with 14 If 10" PVC and 500 if 12" HDPE Directional Bore (1 bore). — Crossing SR 60 at 8300 SR 60, the replacement of 6" force main with 20 If 6" PVC and 150 If 6" HDPE Directional Bore (1 bore)- - Crossing SR 60 at Mh Avenue, the replacement of 10" force main with 10 If 10" PVC and 143 If 12" HDPE Directional Bore (1 bore). — Construction of five (5) vertical deflections for existing force mains to eliminate conflicts with future roadway and drainage Improvements. The Contract requires new sewer force mains to be connected to existing facilities at several locations and for existing systems to be replaced, and to be removed and/or abandoned and grouted In accordance with the Contract speciticatlons. The Contract requires that existing sewer collection / transmission service not be interrupted. Non -Potable Main Non -Potable Water Main Improvements consist of Crossing SR 60 at 82d Avenue, the replacement of 12" non - potable water main with 15 If 12" PVC and 220 If 14" HDPE Directional Bore (1 bore), and the removal and abandonment and grouting of the existing non potable water main. The construction of the utility improvements described above shall also consist of, but not limited to., resetting of signs, mailboxes and 00530-2 M other existing facilitles disturbed during construction; utilities exploration, coordination with any permltti, ig agencies, trenching, clearing and tree removal; dewatering; Installation of pipe with fittings and all appurtenances; valves, Erre hydrant assemblies; wet taps, restrainers; air release valves, line stops, soil compaction, disinfection, testing, (includes providing temporary jumper or another approved method for disinfection and flushing); road restoration; regrading and grassing (sod), and traffrc control. ARTICLE 2 ENGINEER The project has been designed by Schulke, Bittle & Stoddard, LLC, 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 completion of the work in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIME 3.1 The CONTRACTOR shall be substantially completed with the following timeframe (a) Within 15 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be utilized in the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Submit and secure approval of shop drawings. 6. Mobilize all labor, equipment, and materials. 7. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating construction. (b) From 16 calendar days to 90 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Install all pipe and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their pre -construction condition. 4. Correct all deficiencies noted by Engineer. 00530-3 Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion. (b) From 91 calendar days to 120 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 3.2 Liquidated Damages. OWNER and CONTRACTOR 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 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal 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 four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for 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 four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. ARTICLE 4 CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $1.435,128.83 . ARTICLE 5 PAYMENT PROCEDURES 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 and the Contract Documents. 5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction 00530-4 services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.2 Pay Requests. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR's certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (112) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.3 Paragraphs 5.1 and 5.2 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment. 5.5 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. 00530-5 ARTICLE 6 INTEREST Not Applicable. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SC -4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 00530-6 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepa:icies that he has discovered in the Contract Docu:nents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 8 CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following: 8.1 This Agreement (Section 00530). 8.2 Performance and Payment Bonds (Sections 00610 and 00612). 8.3 Notice of Award and Notice to Proceed (examples in Section 00800). 8.4 General Conditions (Section 00700). 8.5 Supplementary Conditions (Section 00800). 8.6 Specifications bearing the title "SR60 Utility Improvements, 8300 Block of SR 60 to Indian Creek Boulevard (FOOT STA 2421+40 to STA 24as listed in the table of contents hereof. 8.7 Drawings, inclusive with each sheet bearing the following general title "SR60 Utility Improvements. 8300 Block SR 60 to Indian Creek Boulevard (FDOT STA 2421+40 to STA 2475+201'. 8.8 Addenda numbers 1 to 3 inclusive. 8.9 CONTRACTOR'S Bid (Section 00300). 8.10 Specifications bearing the title "IRCDUS Water and Wastewater Utility Standards, July 2007". or the latest version thereof. 8.11 The following, which may be delivered or issued after the effective date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the General Conditions. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of the General Conditions. ARTICLE 9 MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. Any 00530-7 attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shat: be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto. 9.3 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 of all covenants, agreements and obligations contained in the Contract Documents. 9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 9.5 This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.6 CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its agents, engineers, employees, elected officers and representatives, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the work under this Agreement. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. The indemnification is limited to $5 million per occurrence. 9.7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. 9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 9.9. Public Records. The OWNER and the CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. (Remainder of this page intentionally left blank) 00530-8 IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement the day and year first written above. This Agreement will be effective on <1 tea.- coli. OWNER Indian River County Board of County Com issioners 1 Sandra t: Bowden, Chairman Attest: J, K. Batten, Clerk of the ircuit Court By: f puty Clerk Approved,BW County as to, Form and Legal Attorney Address for giving notices 1801 27th Street Vero Beach, Florida 32960 CONTRACTOR SPS Contracting, Inc. By: ^. C J D V A ti N Q (CORPORATE SEAL) Attest: ,�*& tennis L Sn rh, V1ce resdI+*s- Address for giving notices 9015 Americana Rd., Suite 1 Vero Beach, Florida 32966 License No. CCC007541 Agent for service of process: *END OF SECTION* 00530-9 PERFORMANCE & PAYMENT BOND (Public Work) in compliance with U.S. Chapter 255.05(1)(a) Bond No. 08891576 Contractor: S.P.S. Contracting, Inc. Name: 9015 Americana Rd., Suite ill Address: Vero Beach, FL 32966 Phone No.(772) 778-4878 Surety: Fidelity & Deposit Company of Maryland Name: 863 Creston Dr. Phone No. (407) 629-1955 Address: Maitland, FL 32751 Owner: Indian River County Name: 1800 27th. Street Address: Vero Beach, FL 32960 Phone No. (772) 567-8000 Obligee: (If contracting entity is different from the owner, the contracting public entity) Name: Same Address: Phone No. Bond Amount: $ 1,435,128.83 Contract No. (if applicable): 2008044 Description of Work: Indian River County Bid No. 2008044 SR60 Utility Improvements from 8300 Block SR60 to Indian Creek Blvd. (See Bond Forms) Project Location: 8300 Block SR 60 to Indian Creek Blvd. (See Bond Forms) Legal Description: FRONTPAGE All other page(s) are deemed subsequent to this page regardless of any page number(s) that may be re- printed thereon. 1931363 THIS DOCUMENT HAS BEEN RECORDED IN THE PUB -SIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2274 PGA552, Paget of 14 06124!2008 at 02:02 PM, JEFFREY KBARTON, CLERK OF COURT Bond #08891576 SECTION 00610 PERFORMANCE BOND THIS IS AN INSTRUCTION, NOT PART OF THE BOND. The bond must state on its front page: the name, principal business address, and phone number of the contractor, the surety, the owner of the property being improved, and, if different from the owner, the contracting public entity; the contract number assigned by the contracting public entity; and a description of the project sufficient to identify it, such as a legal description or the street address of the property being improved, and a general description of the improvement, and the bond number. KNOW ALL MEN BY THESE PRESENTS: BYTHISSOND,we S.P.S. Contracting Inc. as Principal, and..Fidelity & Deposit Company of Maryland a corporation, as hu , are, held and firm b�onu�nd unt that Crounty of Indian River, Florida, in the sum of One Million Four Hund y-Fa_/��8uear. Db� Hu re wen y & ars 1.495, l 9R -83 amounting to 100% of the total bid price. For the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the I" day of �in�e 20A entered into between the Principal and the County of Indian River, for: Project Name: County Project Bid Number: County UCP Number: Project Address: Project Description: SR -60 Utility Improvements 830D Block of SR 60 to Indian Creek Boulevard IFDOT STA 2421+40 to STA 2475+201 2008044 Boulevard CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows which shall include but is not necessaril limit d t h following: 7 e of e Indian River county (IRC) proposes to construct potable water, non -potable water and wastewater improvements generally within the Florida Deportment of Transportation (FDOT) right-of-way of State Road 60 (SR 60) between the 8300 block of SR 60 (just west of 82'd Avenue), and Indian Creek Boulevard in Indian River County, Florida. The improvements are intended to replace and/ar adjust existing water, non -potable water, and wastewater systems in a manner that will eliminate potential conflicts between 1RC's systems and future FDOT roadway improvements. The FDOT's roadway improvements are not included in the scope of work under this Contract. 00610-1 Water Main Potable Water Improvements consist of. On the north side of SR 60, from 8300 SR 60 to 7500 SR 60 (Pine Creek Boulevard), the replacement of 16" water main with 4312 if 16" PVC, and 1125 if 18" HDPE Directional Bores (3 bores). On the south side of SR 60, from 82"d Avenue to 8000 SR 60, the construction of anew water main loop, with 6441f 12" PVC and 2301f 14" HDPE Directional Bores (Z bores). — On the south side of SR 60, from 7700 SR 60 to 7500 SR 60 the replacement of 12" water main with 198 If 12" PVC, 340 If 24" HDPE Directional Bore (I bore), and 742 If of 14" HOPE (Conventional Open Cut), Crossing SR 60 at 82"Avenue, the replacement of 12" water main with 10 If 12" PVC and 200 if 14" HDPE Directional Bore 11 bore). Crossing SR 60 at 78 r Avenue, the replacement of 12" water main with 10 If 12" PVC and 147 If 14" HDPE Directional Bore (1 bore). — Construction of four (4) vertical deflections for existing water mains to eliminate conflicts with future roadway and drainage improvements. The Contract requires new water mains to be connected to existing facilities at several locations and for existing systems to be replaced and to be removed and/or abandoned and grouted in accordance with the Contract specifications. The Contract requires that existing services to potable water users not be interrupted. :fewer force Main Sewer Force Main Improvements consist of. — On the north side of SR 60, from 8300 SR 60 to 8204 Avenue, the replacement of 4"force main with 530114" PVC, -- On the south side of SR 600 at 8000 SR 60, the replacement of 10" force main with 14 if 10" PVC and 500 If 12" HDPE Directional Bore (I bore). -- Crossing SR 60 at 8300 SR 60, the replacement of 6"force main with 20 if 6" PVC and 150 if 6" HDPE Directional Bore (I bore). — -Crossing SR 50 at 78°' Avenue, the replacement of 1017force main with 20 If 10" PVC and 1431112" HDPE Directional Bore (I bore). — Construction of five (5) vertical deflections for existing force mains to eliminate conflicts with future roadway and drainage improvements. The Contract requires new sewer force mains to be connected to existing facilities at several locations and for existing systems to be replaced, and to be removed and/or abandoned and grouted in accordance with the Contract specifications. The Contract requires that existing sewer collection / transmission service not be interrupted. 00610-2 Non -Potable Main Non -Potable Water Main improvements consist of: Crossing SR 60 at 82n0 Avenue, the replacement of 12" non -potable water main with 151f 12" PVC and 220 If 14" HDPE Directional Gore (1 bore), and the removal and abandonment and grouting of the existing non -potable water main. The construction of the utility improvements -described above shall also consist of, but not limited to: resetting of signs, mailboxes and other existing facilities disturbed during construction; utilities exploration; coordination with any permitting agencies; trenching; clearing and tree removal; dewatering; installation of pipe with fittings and all appurtenances; valves, fire hydrant assemblies; wet taps; restrainers; air release valves; line stops; soil compaction; disinfection; testing; (includes providing temporary jumper or another approved method for disinfection and flushing); road restoration; regrading and grassing (sod); and traffic control A copy of .,aid Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall in all respects Comply with the terms and conditions of said Contract and its obligations thereunder, including all of the Contract Documents therein referred to and made a part thereof, and such alterations as may be made in the Contract Drawings and Specifications as therein provided for, and shall indemnify and save harmless the-C-auaty of Indian-River-againstand from all expenses, costs, and attorney's fees, including appellate_proceedings, as set forth in the Contract, that Owner sustains because of a damages, inluryor cc anduct, want of care of skill, negligence or default, including patent infringement on the part of -the Principal, his agents or employees, in the execution or performance of said Contract, and further, if the Principal shall promptly make payments to all who supply him with labor and/or materials used directly or indirectly by the Principal in the prosecution of the Work provided for in said Contract, then this obligation shall be null and void; otherwise, the Principal and Surety, jointly and severally, agree to pay Indian River County any difference between the sum that Indian River County may be obliged to pay for the completion of said Work, by contract or otherwise, and any damages, whether direct, indirect, orcomequential, including reasonable attorney's fees (including appellate proceedings), which the County of Indian River may incur as a result of the failure of the Principal to properly execute all of the provisions of the Contract. AND, the said Principal and Surety hereby further bind themselves, their successors, executors, administrators and assigns, jointly and severally, that they will amply and fully protect the County of Indian River against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same, or his agents or his servants, or the infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise. 00610-3 AND, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications or Drawings accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications or Drawings. AND, the said Principal and Suretyjointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. Principal and Surety expressly acknowledge that any and all provisions relating to liquidated damages contained in the Contract Documents are expressly covered by and made a part of this Bond. Principal and Surety acknowledge that any such provision lie within their obligations and within the coverages and limitations of this Bond. Florida Statutes Section 255.05 (2O07)r as amended from time to time, together with all notice and time provisions contained in subsection (2) of Florida Statutes Section 255.05 (2007)0 is incorporated herein in its entirety by this reference. IN WITNESS WHERF�OF, the above bound parties executed this instrument under their several seals, this, _ day of w r� 20D&, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Remainder of this page intentionally left blank) �YYY YYYYYMYY•0 Y Ya Y YY YY YY Y p Y Y Y Y Y Y Y Y Y Y Y Y Y Y a Y a Y Y a Y Y Y Y Y Y R Y Y V M Y Y a Y Y Y Y Y•M a Y■YY••Y Y YY, 00610-4 •\I\I\\f IY1111\\III\\I\IIIY\11\11111\I\1���1•\IIIIIY\\11\\\\\\III6 Y\\008I4111\IMf WHEN THE PRINCIPAL ISA CORPOR TION: Attest: Secretary S•P.S, Contracting, Inc. Name of oration aY: ( Ix Corporate SEAL) Printed Name �r Official Title CERTIFICATE AS 70 CORPORATE PRINCIPAL w v c rtify that I am the Secretary of the corporation named as Principal in the within bond; that�� then (� _ ^Y'^ n who signed the said bond on behalf �r2 of the Principal was c%�f Said corporation: that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed and attested for and on behalf of Said corporation by authority of Its governing body. Secretary 00610-5 (SEAL) TO BE EXECUTED BY CORPORATE SURETY: Fidelity & Deposit Company of Maryland Secretary Corporate Surety 863 Creston Dr. _Maitland FT. 39751 E= Business Address/ BY: SEAL) Attorney -In -Fact f �; `j>At Coastal Banding, Inc. '� a ,Y,�'?'.' Name of Local Agency 11924 Forest Hill Blvd., Suite 22-323 Wellington, FL 33414 Business Address STATE OF Florida COUNTY OF Before mss, a Notary Public, duly commissioned, qualified and acting, personally appeared h_John����_S._ Harris to meiiw�eell known, who being by me first duly sworn upon oath, says that Fidelit t'I7e$osr tyGnom anor the oY Flaw andDeposit Comp that he has been authorized by o Mary an p y to execute the foregoing band on behalf of the CONTRACTOR nam therein in fa rof the County of Indian River, Florida. Subscribed and sworn to before me this day of IhI 20OK lo� Notary Pu lic, State of MyCOmmISSIOnEXpireH: NOTARY PUBLIC - STATE OFFLORIDA Beverly Kenny Fbn Commission # DD629777 Expires: JAN, 16, 2011 BONDED TBRU ATLANTIC BONDING CO., INC. "ENO OF SECTION" 00610-6 SECTION 00612 Bond 1108891576 PAYMENTBOND THIS IS AN INSTRUCTION, NOT PART OF THE BOND The bond must state on its front page: the name, principal business address, and phone number of the contractor, the surety, the owner of the property being improved, and, if different from the owner, the contracting public entity; the contract number assigned by the contracting public entity; and a description of the project sufficient to identify it, such as a legal description or the street address of the property being improved, and a general description of the improvement, and the bond number. KNOW ALL MEN BYTHESE PRESENTS: BY THIS BOND, we h"' O s' �Ontracting, ' as Principal, and ditiylandDeposit Company corporafipn, as!urety are het d,firm'ykpqundgto the County of Indian River, Florida, in the sum of 0 o r Arun a r. Iv sand Iundra� $uen�'v-lei§(�i0 Dollars �t •4"ttamounting to 10090 of the total bid price. For the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the �6f*_ day of Dunn 20-bS, entered into between the Principal and the County of Indian River, for: Project Name: 61SR60 Utility Improvements. FDOT STA 2421+40 to STA 2475+20" County Project Bid Number: 2008044 County UCP Number: Project: Address: Boulevard Project Description: A. CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows which shall include, but is not necessarily limited to the following: Indian River County (IRC) proposes to construct potable water, non -potable water and wastewater improvements generally within the Florida Department of Transportation (FDOT) right-of-way of State Road 60 (SR 60) between the 8300 block of SR 60 (just west of Std avenue), and Indian Creek Boulevard in Indian River County, Florida. The improvements are intended to replace and/or adjust existing water, non -potable water, and wastewater systems in a manner that will eliminate potential conflicts between IRC's systems and future FDOT roadway improvements. The FDOrs roadway improvements are not Included in the scope of work under this Contract. 00612-1 Water Main Potable Water Improvements consist of.@ On the north side of SR 60, from 8300 SR 60 to 7500 SR 60 (Pine Creek Boulevard), the replacement of 16" water main with 4312 if 16" PVC, and 1125 If 18" HDPE Directional Bores (3 bores). — On the south side of SR 600 from 82"d Avenue to 8000 SR 60, the construction of a new water main loop, with 644 If 12" PVC and 2301f 14" HDPE Directional Bores (2 bores). -- On the south side of SR 60, from 7700 SR 60 to 7500 SR 60 the replacement of 12" water main with 198 /1 1210 PVC, 340 If 14" HOPE Directional Bore (1 bore), and 742 if of 14" HDPE (Conventional Open Cut), Crossing SR 60 at 82nd Avenue, the replacement of 12" water main with 10 If 12" PVC and 200 if 14" HDPE Directional Bare (I bore). Crossing SR 60 at 78'h Avenue, the replacement of 12" water main with 10 If 12" PVC and 1471f 14" HOPE Directional Bore (1 bore). Construction of four (4) vertical deflection for existing water mains to eliminate conflicts with future roadway and drainage improvements. The Contract requires new water mains to be connected to existing facilities at several locations and for existing systems to be replaced and to be removed and/or abandoned and grouted in accordance with the Contract specif cation. The Contract requires that existing services to potable water users not be interrupted. Sewer force Main Sewer force Main Improvements consist of, On the north side of SR 60, from 8300 SR 60 to 82od Avenue, the replacement of 4" force main with 530 if 4" PVC. On the south side of SR 60, at 8000 SR 60, the replacement of 10" force main with 14 If 10" PVC and 500If 22" HOPE Directional Bore (I bore). — Crossing SR 60 at 8300 SR 60, the replacement of 6" forte main with 201f 6" AVC and 150 If 6" HDPE Directional Bore 11 bore). Crossing SR 60 at 78ib Avenue, the replacement of 10" farce main with 10 If 10" PVC and 143 If 12" HOPE Directional Bore (1 bore). Construction of five (5) vertical deflections for existing force mains to eliminate conflicts with future roadway and drainage improvements. The Contract requires new sewer force mains to be connected to existing facilities at several locations and for existing systems to be replaced, and to be removed and/or abandoned and grouted in accordance with the Contract specifications. The Contract requires that existing sewer collection / transmission service not be interrupted. 00612-2 loon -Potable Main Non -Potable Water Main Improvements consist of. -- Crossing SR 60 at 82'd Avenue, the replacement of 12" non -potable water main with 15 If 12" PVC and 2201f 14" HDPE Directional Bore (I bore), and the removal and abandonment and grouting of the existing non -potable water main. The construction of the utility improvements described above shall also consist Of but not limited to: resetting of signs, mailboxes and other existing facilities disturbed during construction; utilities exploration; coordination with any permitting agencies; trenching; clearing and tree removal; dewatering; i,vstallation of pipe with fittings and all appurtenances; valves, fire hydrant assemblies; wet taps; restrainers; air release valves; line stops; soil compaction; disinfection; testing; (includes providing temporaryjumper or another approved method for disinfection and flushing); road restoration; regrading and grassing (:rod); and traffic control A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly make payments to all claimants, as herein below defined, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions: 1. A claimant is defined as any person supplying the Principal with labor, materials or supplies, used directly or indirectly by the Principal in the prosecution of the Work provided for in said Contract, and is further defined in Florida Statutes Section 713.01. 2. Florida Statutes Section 255.05 (2007), as amended from time to time, together with all notice and time provisions contained in subsection (2) of Florida Statutes Section 255.05, is incorporated herein in its entirety by this reference The Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or to the Specifications applicable thereto, shall in any way affect its obligations on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to the work or to the Specifications. The Surety represents and warrants to the County of Indian River that it has a Best's Key Rating Guide, General Policyholder's rating of "A" and Financial Size Category of Class "X". The Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that the County of Indian River sustains because of a default by the Principal under the Contract. 00612-3 IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, this 14 T'rday of .Tko „J K 20.Q� the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WHEN THE PRINCIPAL 15 A CORPORATION: Attest: S.P.S. Contracting. Inc. Secretary Name ofTdaVoration ^ BY: SEAL) M Late a D wAIA .J,.1 Printed Name C e &2T -&A Car --dA a loon i J i6TR acr-M0. Officia I Title CERTIFICATE AS TO CORPORATE PRINCIPAL I Acer ify that I am the Secretary of the corporation named as Principal in the within bond; that / tjn who signed the said bond on behalf of the Principal was then ( 'is% n�rack lhf mi r of said corporation: that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed and attested for and on behalf of Said corporation by authority of Its governing body. Secretary (SEAL) 00612-4 D BE EXECUTED BY CORPORATE SURETY; Attest: �-- Fidelity & Deposit Company of Maryland Secretary CorporateSurety 863 Creston Dr. Maitland, FL 32 Business Addrpac John S. Harris Attorney -In -Fact Coastal Bondi n , Inc. Name of Local Agency 11924 Forest Hill Blvd., Suite 22-323 Wellin ton, FL 33414 STATE OFFlorida Business address _ COUNTY OF Q Before me, a Notary public, duly commissioned, qualified and acting, personally appeared .hJohn . - arric to e1�t� lnbepo betnpCbj me first duly sworn upon oath, says that Fide 1$ the 6ttl�en oysitf Comgr IIhe o Mary and o� Xrvlan$ an � that he has been authorized by— _ 0 execute the foregoing bond on behalf of the CONTRACTOR named therein in faytr of the County of Indian River, Florida. Subscribed and sworn to before me this IML-' day of 20 � MYCOMmissionExpires,f •/ "END Of SECTION' 00612-5 NOTARY PUBLIC • STATE OF FLORIDA Beverly Kenny Fell Commission #DD629777 ' Expires: JAN. 16, 2011 HONIED ]IRU ATLANnC BONDING CO., INC, Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company,*-mVj set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d snate, constitute and appoint John S. HARRIS, of Wellington, Florida, its true and lawful t>tt make, execute, seal and deliver, for, and on its behalf as surety, and as its act and o ngs, and the execution of such bonds or undertakings in pursuan o s on said Company, as fully and amply, to all intents and purposes, as if th ��� xe , t ged by the regularly elected officers of the Company at its office in Ba1. The said Assist Section 2, of the I IN WITNESS affixed the Corp( A.D. 2004. ATTEST: '^p 01P0% o a 1IM a' 4 � set forth on the reverse side hereof is a true copy of Article VI, ZsF �d4s now in force. e said Vice -President and Assistant Secretary have hereunto subscribed their names and of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 23rd day of February, State of Maryland l Cityof Baltimore f ss. FIDELITY AND DEPOSIT COMPANY OF MARYLAND T. E. Smith Assistant Secretary Paul C Rogers Vice President On this 23rd day of February, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Dennis R. Hayden Notary Public My Commission Expires: February 1, 2009 POA -F 031-0035 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this I q'� day of ___wy ao"R_ ob(4 :c� Assistant Secretnry ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID D DATE(MMIDDIYYYY) PRODUCER NS TYPE OF INSURANCE SPSCO02 06 10 08 Huckleberry, Sibley S Harvey FNA`TGEYMEX01`DrYYj THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance S Bonds, Inc . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, 1020 N Orlando Ave, Suite 200 GENERAL EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Maitland FL 32751 06/06/09 S 1 , 000 , 000A Phone: 407-647-1616 S Es 0=rence INSURERS AFFORDING COVERAGE NAIC9 INSURED (Arty one Person) $ 5 , 000L&ADV 5EACHCURRENCE INJURY x1,000,000 INSURER A: Amerisum Insurance ceePany 19466 INSURER B: A risure Mutual Insurance co 23396 SPS CODeborah , Inc.h Attn: Deborah Smith E 2 INSURER C' , 000GEN'L 9015 Americanaggdd S# 1 Vero Beach FL 3296 S 2 INSURER D: , OOO INSURER E: rnvicewn_ec AUTOMOBILE LIABILITY THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWTHSTANDING ANY REQUIREMENT, 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INbKRuuON LTR NS TYPE OF INSURANCE POLICYNUMBER DATE MMID FNA`TGEYMEX01`DrYYj LIMITS X GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY MADE OOCCUR GL2054579 06/06/08 06/06/09 S 1 , 000 , 000A X S Es 0=rence 550,000CLAIMS (Arty one Person) $ 5 , 000L&ADV 5EACHCURRENCE INJURY x1,000,000 AGGREGATE E 2 , 000 , 000GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X jEOT LOC S - COMP/OP AGO S 2 , OOO , OOO AUTOMOBILE LIABILITY B ANY AUTO CA2054576 06/06/08 06/06/09 COMBINED SINGLE LIMIT �(Eaamidenq 51,000,000 X ALL OWNED AUTO$ SCHEDULED AUTOS lP PYsIoon)URY $ X HIRED AUTOS NON -OWNED ALTOS BODILY INJURY (Per ersldenl) 5 X PROPERTY DAMAGE (Per actldem) 5 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO THAN EA ACC 3 AUTO O AUTO ONLY: AGG S B EXCESSIUMBRELLA LIABILITY OCCUR �CLAIMSMADE CU2054580 06/06/08 06/06/09 EACH OCCURRENCE 55,000,000 AGGREGATE 55,0001000 S DEDUCTIBLE 'S X RETENTION so 5 WORKERS COMPENSATION AND B EMPLOYERS'LIABILITY ANY PBOPRIETOWARTNERIEXECUTIVE WC2054561 06 /06 /O8 06/06/09 OFFICERPAEMBER EXCLUDED? U ECIAL PROVISIONS SPECIAL PROVISIONS edwv OTHER XTORY LIMITS ER E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT 51,000,000 S 1 511000,000 , 000 A OOO A Rented/Leased Equi CPP2054578 06/06/08 06/06/09 A Scheduled Equip CPP2054578 06/06/08 06/06/09 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS Coverage Coverage 500,000 1,803,888 BID #2008044- SR 60 Utility Improvements From 8300 Block To Indian Creek Blvd. Indian River County is included as Additional Insured with regards to General Liability. LIFICATE HOLDER Indian River County Purchasing Manager Attn: Jerry Davis 11800 27th Street Vero Beach FL 32960 INDIRIV I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001108) 0 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 The Certificate of Insurance on the reverse side of this form 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. 3u