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Home My WebLink About2011-005 SECTION 00530 - EJCDC STANDARD FORM OF AGREEMENT ` BETWEEN OWNER AND CONTRACTOR 66 ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT ( "Agreement" or " Contract" ) , dated the day of UW IA GtMin the year 20by and between Indian River County , a political subdivision of the Stale of Florida ( hereinafter called OWNER ) an 4 . . ( 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 . a . BARRIER ISLAND REUSE WATER SYSTEM IMPROVEMENTS Indian River County ( IRC ) proposes to convert 14 , 500 LF of existing 16 " brine main , 9 , 100 LF of 12 " wastewater force main and 8 , 000 LF of 12 " potable water main into reuse water mains . The project involves cleaning and flushing of the mains and various connections . Portions of existing mains will also need to be abandoned . The work will be completed within Indian River County' s 77th Street right- of-way and within FDOT ' s State Road 510 right-of-way . The contents of the existing brine , potable water , and wastewater mains are to be properly disposed of under this project . Following conversion , the west end of the brine main is to be connected to a reuse main ( to be constructed by others ) at the Indian River County 3 . 0 MG reuse water storage tank site . The east end of the converted brine line is to be connected to the west ends of converted potable water and wastewater mains near the west shoreline of the Indian River along State Highway 510 . b . S . R . 510 REUSE WATER SYSTEM IMPROVEMENTS Indian River County ( IRC ) proposes to construct a 16 " reuse main within the State Road 510 ( SR 510 ) right- of-way from approximately the east end of the Wabasso ( inter-coastal waterway ) Bridge to State Road A- 1 -A , a distance of approximately 4 , 950 linear feet . Approximately 2 , 650 linear feet of this project will be constructed using the conventional open trench pipe installation method and the remaining approximately 2 , 300 linear feet will be constructed using the trenchless horizontal directional drill method . The proposed 16 " reuse main will be constructed along the north side of SR 510 . The project consists of, but is not limited to : utilities exploration , coordination with permitting agencies , clearing and grubbing , trenching , dewatering , removal and grouting of existing pipe , installation of pipe with fittings and all appurtenances ; valves , wet taps , pipe joint restrainers , air release valves , directional bores , soil compaction , testing , restoration of both paved and non - paved areas ( including landscaping ) , and traffic control . 00530 - 1 C :\Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content . Outlook\24026LX8\00530 Agreement A1A Reuse . doc SECTION 00530 - EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT ( " Agreement" or " Contract " ) , dated the/ day of -J CL r1 Vy ct_ rz � in the year 20by and between Indian River County , a political subdivision of the Stale of Florida ( hereinafter called OWNER ) anc� 'L Cuu4 Fk � . ( 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 . a . BARRIER ISLAND REUSE WATER SYSTEM IMPROVEMENTS Indian River County ( IRC ) proposes to convert 14 , 500 LF of existing 16 " brine main , 9 , 100 LF of 12 " wastewater force main and 8 , 000 LF of 12 " potable water main into reuse water mains . The project involves cleaning and flushing of the mains and various connections . Portions of existing mains will also need to be abandoned . The work will be completed within Indian River County' s 77th Street right- of-way and within FDOT ' s State Road 510 right-of-way . The contents of the existing brine , potable water , and wastewater mains are to be properly disposed of under this project . Following conversion , the west end of the brine main is to be connected to a reuse main ( to be constructed by others ) at the Indian River County 3 . 0 MG reuse water storage tank site . The east end of the converted brine line is to be connected to the west ends of converted potable water and wastewater mains near the west shoreline of the Indian River along State Highway 510 . b . S . R . 510 REUSE WATER SYSTEM IMPROVEMENTS Indian River County ( IRC ) proposes to construct a 16 " reuse main within the State Road 510 ( SR 510 ) right- of-way from approximately the east end of the Wabasso ( inter- coastal waterway ) Bridge to State Road A- 1 -A , a distance of approximately 4 , 950 linear feet . Approximately 2 , 650 linear feet of this project will be constructed using the conventional open trench pipe installation method and the remaining approximately 2 , 300 linear feet will be constructed using the trenchless horizontal directional drill method . The proposed 16 " reuse main will be constructed along the north side of SR 510 . The project consists of, but is not limited to : utilities exploration , coordination with permitting agencies , clearing and grubbing , trenching , dewatering , removal and grouting of existing pipe , installation of pipe with fittings and all appurtenances ; valves , wet taps , pipe joint restrainers , air release valves , directional bores , soil compaction , testing , restoration of both paved and non - paved areas ( including landscaping ) , and traffic control . 00530 - 1 C : \Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content . Outlook\24026LX8\00530 Agreement A1A Reuse . doc B . The OWNER shall have the option of direct purchase of all material and equipment for the project in accordance with Rule 12A- 1 - 094 of the Florida Administrative Code . The contractor will be responsible for preparing the purchase documents for purchasing by the owner. The contractor will be responsible for scheduling , receiving , handling , and storage of all direct purchase material and equipment . ARTICLE 2 ENGINEER The project has been designed by Masteller & Moler , Inc . , 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 120 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 . Completion of all tasks outlined above ( i . e . , Subparagraphs a ) and b ) constitutes Substantial Completion . ( c ) From 121 calendar days to 150 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 . 3 . 2 Completion of all tasks outlined above ( i . e . , Subparagraphs a , b , and c ) constitute Final Completion . 00530 -2 C : \Documents and Settings\mmclaughlin\Local Setting s\Te m pora ry Internet Files\Content. Outlook\24026LX8\00530 Agreement A1A Reuse . doc B . The OWNER shall have the option of direct purchase of all material and equipment for the project in accordance with Rule 12A- 1 - 094 of the Florida Administrative Code . The contractor will be responsible for preparing the purchase documents for purchasing by the owner. The contractor will be responsible for scheduling , receiving , handling , and storage of all direct purchase material and equipment . ARTICLE 2 ENGINEER The project has been designed by Masteller & Moler , Inc . , 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 120 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 . Completion of all tasks outlined above ( i . e . , Subparagraphs a ) and b ) constitutes Substantial Completion . ( c ) From 121 calendar days to 150 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 . 3 . 2 Completion of all tasks outlined above ( i . e . , Subparagraphs a , b , and c ) constitute Final Completion . 00530 -2 C : \Documents and Settings\mmclaughlin\Local Setting s\Te m pora ry Internet Files\Content. Outlook\24026LX8\00530 Agreement A1A Reuse . doc 3 . 3 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 Fifty Dollars ( $ 450 . 00 ) for each day that expires after the time specified in Paragraph 3 . 1 Completion . 3 . 3 . 1 . The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above - stated liquidated damages due to the Owner from payments due to the Contractor ; or , in the alternative , all or any portion of the above- stated liquidated damages may be collected from the Contractor or its Surety or Sureties . These provisions for liquidated damages shall not prevent the OWNER , in case of the CONTRACTOR ' s default , from terminating the Contractor' s right to proceed as provided in this Agreement . 3 . 3 . 2 . In addition to the above -stated liquidated damages , the CONTRACTOR shall be responsible for reimbursing OWNER for all costs incurred by OWNER to third party consultants in administering the Project beyond the Substantial Completion date specified in this Agreement , or beyond an approved extension of time granted to CONTRACTOR , whichever date is later. 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 $ '809 , 5 j . 5C 4 . 2 Any direct purchase material and equipment will be deducted from the lump sum price specified in Article 4 , 4 . 1 plus all applicable sales tax . 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 00530 -3 C : \Documents and Settings\mmctaughlin\Local Settings\Temporary Internet Files\Content . Outlook\24026LX8\00530 Agreement At Reuse . doc 3 . 3 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 Fifty Dollars ( $ 450 . 00 ) for each day that expires after the time specified in Paragraph 3 . 1 Completion . 3 . 3 . 1 . The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above - stated liquidated damages due to the Owner from payments due to the Contractor ; or , in the alternative , all or any portion of the above- stated liquidated damages may be collected from the Contractor or its Surety or Sureties . These provisions for liquidated damages shall not prevent the OWNER , in case of the CONTRACTOR ' s default , from terminating the Contractor' s right to proceed as provided in this Agreement . 3 . 3 . 2 . In addition to the above -stated liquidated damages , the CONTRACTOR shall be responsible for reimbursing OWNER for all costs incurred by OWNER to third party consultants in administering the Project beyond the Substantial Completion date specified in this Agreement , or beyond an approved extension of time granted to CONTRACTOR , whichever date is later. 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 $ '809 , 5 j . 5C 4 . 2 Any direct purchase material and equipment will be deducted from the lump sum price specified in Article 4 , 4 . 1 plus all applicable sales tax . 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 00530 -3 C : \Documents and Settings\mmctaughlin\Local Settings\Temporary Internet Files\Content . Outlook\24026LX8\00530 Agreement At Reuse . doc OWNER has expended fifty percent ( 50 % ) of the total cost of the construction 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 ( 1 /2 ) 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 -4 C :\Documents and Settings\mmclaughlin\ Local Settings\Temporary Internet Files\Content . Outlook\24026LX8\00530 Agreement A1A Reuse . doc OWNER has expended fifty percent ( 50 % ) of the total cost of the construction 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 ( 1 /2 ) 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 -4 C :\Documents and Settings\mmclaughlin\ Local Settings\Temporary Internet Files\Content . Outlook\24026LX8\00530 Agreement A1A Reuse . doc 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 . 7 . 6 CONTRACTOR has given ENGINEER written notice of all conflicts , errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR . 00530 -5 C : \Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content . Outlook\24026LX8\00530 Agreement A1A Reuse . doc 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 . 7 . 6 CONTRACTOR has given ENGINEER written notice of all conflicts , errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR . 00530 -5 C : \Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content . Outlook\24026LX8\00530 Agreement A1A Reuse . doc 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 Public Construction Bonds ( Section 00610 ) . 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 " Barrier Island Reuse Water Main Improvements & S . R . 510 Reuse Water Main Improvements " as listed in the table of contents hereof. 8 . 7 Drawings , inclusive with each sheet bearing the following general title " Barrier Island Reuse Water Main Improvements & S . R . 510 Reuse Water Main Improvements." 8 . 8 Addenda numbers_ to I , inclusive . 8 . 9 CONTRACTOR' S Bid ( Section 00300 ) . 8 . 10 Specifications bearing the title " IRCDUS Water and Wastewater Utility Standards , JULY 2009 " , 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 attempted assignment shall be void and may , at the option of the OWNER be deemed an event of default hereunder . Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto . 00530 -6 C :\ Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content . Outlook\24026LX8\00530 Agreement At Reuse . doc 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 Public Construction Bonds ( Section 00610 ) . 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 " Barrier Island Reuse Water Main Improvements & S . R . 510 Reuse Water Main Improvements " as listed in the table of contents hereof. 8 . 7 Drawings , inclusive with each sheet bearing the following general title " Barrier Island Reuse Water Main Improvements & S . R . 510 Reuse Water Main Improvements." 8 . 8 Addenda numbers_ to I , inclusive . 8 . 9 CONTRACTOR' S Bid ( Section 00300 ) . 8 . 10 Specifications bearing the title " IRCDUS Water and Wastewater Utility Standards , JULY 2009 " , 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 attempted assignment shall be void and may , at the option of the OWNER be deemed an event of default hereunder . Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto . 00530 -6 C :\ Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content . Outlook\24026LX8\00530 Agreement At Reuse . doc 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 . 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 - 7 C : \Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content . Outlook\24026LX8\00530 Agreement Al Reuse . doc 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 . 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 - 7 C : \Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content . Outlook\24026LX8\00530 Agreement Al Reuse . doc IN WITNESS WHEREOF , OWNER AND CONTRACTOR have signed this Agreement the day and year first written above . This Agreement will be effective on February 3rd 2011 . OWNER CONTRACTOR Indian River County ►�n �� kl1 . r ; , > �� C _ �� n f2Cko jr, K�' Board of County Commissioners z-� 5 By: a c�a ; ►u,..o.,,� By : l C Bob Solari , Chairman l BCC Approved : 1 / 11 / 11 - � �� ORPORATE SEAL ) - Attest: J . K. Barton , Clerk of the Circuit Court By : Address for giving notices I Deputy Clerk 3 W Approved By : seph A Baird , County Administrator License No . C_ f `� ` I it C' proved as to Form a d Legal Sufficiency : Agent for service of process : eCCnOMYY 0A� • • . . . . YY /0Y. ••i County Attorney4V 0 Joey•= . ,F ; • F : . � . Address for giving notices * ; 1801 27th Street 2: e Vero Beach Florida 32960 •69 • ' �� couNo YF�,�. * END OF SECTION * 00530 -8 C :\Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content . Outlook\24026LX8\00530 Agreement Al Reuse . doc IN WITNESS WHEREOF , OWNER AND CONTRACTOR have signed this Agreement the day and year first written above . This Agreement will be effective on February 3rd 2011 . OWNER CONTRACTOR Indian River County ►�n �� kl1 . r ; , > �� C _ �� n f2Cko jr, K�' Board of County Commissioners z-� 5 By: a c�a ; ►u,..o.,,� By : l C Bob Solari , Chairman l BCC Approved : 1 / 11 / 11 - � �� ORPORATE SEAL ) - Attest: J . K. Barton , Clerk of the Circuit Court By : Address for giving notices I Deputy Clerk 3 W Approved By : seph A Baird , County Administrator License No . C_ f `� ` I it C' proved as to Form a d Legal Sufficiency : Agent for service of process : eCCnOMYY 0A� • • . . . . YY /0Y. ••i County Attorney4V 0 Joey•= . ,F ; • F : . � . Address for giving notices * ; 1801 27th Street 2: e Vero Beach Florida 32960 •69 • ' �� couNo YF�,�. * END OF SECTION * 00530 -8 C :\Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content . Outlook\24026LX8\00530 Agreement Al Reuse . doc From Tani Jacobson FaXID: STUINS- FAX01 Page 2 of 2 Date : 01 /17/ 11 11 : 32 AM Page : 2 of 2 AEOR CERTIFICATE OF LIABILITY INSURANCE OPID TJ LDATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER . T7S17 / 11 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER (S), AUTHORIZED REPRESENTATIVE OR PRODUCER , AND THE CERTIFICATE HOLDER . IMPORTANT : If the certcats holder Is aFMITIONAL INSURED, the policy(les) must be endorsed. , 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). PRODUCER NAME : Stuart Insurance , Inc , INC, No, Ext ) : (A/C. No ) : 3070 S W Mapp ADDRESS : Palm City FL 34990 cusTOMERIDs: TIMOR- 1 Phone : 772 - 286 - 4334 Fax : 772 - 286 - 9389 INSURER( S ) AFFORDING COVERAGE NAICs INSURED INSURER A : Harleysville Insurance Group 14168 Timothy Rose Contracting , Inc . INSURER B 1360 old Dixie Hwy SW INSURER C : Vero Beach FL 32952 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER : REVISION NUMBER : 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 REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 LTR TYPE OF INSURANCE INSR Vii POLICY NUMBER (MM/DD/YYW) ( MM/DDlYYW) LIMBS GENERAL LIABILITY EACH OCCURRENCE $ 11000 , 000 A X COMMERCIAL GENERAL LIABILITY GL00000049465A 06 /06 /10 06 /06 /11 PREMISES ( Ea occurrence ) $ 100 , 000 CLAIMS-MADE F_X] OCCUR MED EXP (Any one person ) $ S1000 X Contractual Liab X PERSONAL 6 ADV INJURY $ 11000 , 000 X Incl XCU GENERAL AGGREGATE s2 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER . PRODUCTS - COMP/OP AGG $ 21000 , 000 POLICYFX JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000 A X ANY AUTO BA00000049464A 06 /06 /10 06 /06 /11 ( Ea accident) r — r 000 BODILY INJURY ( Per person ) $ ALL OWNED ALTOS BODILY INJURY (Per accident ) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS ( Per accident ) $ X NON- OWNED AUTOS $ $ A UMBRELLA UAB X OCCUR CM800000049462A 06 /06 / 10 06 /06 /11 EACH OCCURRENCE $ 31000 , 000 EXCESS LIAR CLAIMS-MADE AGGREGATE $ 31000 , 000 DEDUCTIBLE RETENTION $ $ RKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN TORY UMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH ) E L DISEASE - EA EMPLOYEE $ if yes . describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $ A Contractors Equip Cl2MI676 06 /06 / 10 06 /06 /11 Rented 50 , 000 Equipment $ 1000 ded DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, N more apace is required ) Grading of Land/ Site Prep - State of Florida RE : Barrier Island Reuse Water System Improvements & SK510 Reuse Water SytemImprovements " Indian River Souncy Dept of Utility Services is additional insured with respect to general liability CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE IRCBD - 1 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Indian River County Dept of Utility Svcs AUTHORaZGDREPRESENTATTVE Purchasing Div 1801 27th St % Vero Beach FL 32960 @"088-2009ACdftTO_R17MATION . All rights reserved. ACORD 25 ( 2009109 ) The ACORD name and logo are registered marks of ACORD From Tani Jacobson FaXID: STUINS- FAX01 Page 2 of 2 Date : 01 /17/ 11 11 : 32 AM Page : 2 of 2 AEOR CERTIFICATE OF LIABILITY INSURANCE OPID TJ LDATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER . T7S17 / 11 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER (S), AUTHORIZED REPRESENTATIVE OR PRODUCER , AND THE CERTIFICATE HOLDER . IMPORTANT : If the certcats holder Is aFMITIONAL INSURED, the policy(les) must be endorsed. , 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). PRODUCER NAME : Stuart Insurance , Inc , INC, No, Ext ) : (A/C. No ) : 3070 S W Mapp ADDRESS : Palm City FL 34990 cusTOMERIDs: TIMOR- 1 Phone : 772 - 286 - 4334 Fax : 772 - 286 - 9389 INSURER( S ) AFFORDING COVERAGE NAICs INSURED INSURER A : Harleysville Insurance Group 14168 Timothy Rose Contracting , Inc . INSURER B 1360 old Dixie Hwy SW INSURER C : Vero Beach FL 32952 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER : REVISION NUMBER : 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 REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 LTR TYPE OF INSURANCE INSR Vii POLICY NUMBER (MM/DD/YYW) ( MM/DDlYYW) LIMBS GENERAL LIABILITY EACH OCCURRENCE $ 11000 , 000 A X COMMERCIAL GENERAL LIABILITY GL00000049465A 06 /06 /10 06 /06 /11 PREMISES ( Ea occurrence ) $ 100 , 000 CLAIMS-MADE F_X] OCCUR MED EXP (Any one person ) $ S1000 X Contractual Liab X PERSONAL 6 ADV INJURY $ 11000 , 000 X Incl XCU GENERAL AGGREGATE s2 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER . PRODUCTS - COMP/OP AGG $ 21000 , 000 POLICYFX JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000 A X ANY AUTO BA00000049464A 06 /06 /10 06 /06 /11 ( Ea accident) r — r 000 BODILY INJURY ( Per person ) $ ALL OWNED ALTOS BODILY INJURY (Per accident ) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS ( Per accident ) $ X NON- OWNED AUTOS $ $ A UMBRELLA UAB X OCCUR CM800000049462A 06 /06 / 10 06 /06 /11 EACH OCCURRENCE $ 31000 , 000 EXCESS LIAR CLAIMS-MADE AGGREGATE $ 31000 , 000 DEDUCTIBLE RETENTION $ $ RKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN TORY UMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH ) E L DISEASE - EA EMPLOYEE $ if yes . describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $ A Contractors Equip Cl2MI676 06 /06 / 10 06 /06 /11 Rented 50 , 000 Equipment $ 1000 ded DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, N more apace is required ) Grading of Land/ Site Prep - State of Florida RE : Barrier Island Reuse Water System Improvements & SK510 Reuse Water SytemImprovements " Indian River Souncy Dept of Utility Services is additional insured with respect to general liability CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE IRCBD - 1 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Indian River County Dept of Utility Svcs AUTHORaZGDREPRESENTATTVE Purchasing Div 1801 27th St % Vero Beach FL 32960 @"088-2009ACdftTO_R17MATION . All rights reserved. ACORD 25 ( 2009109 ) The ACORD name and logo are registered marks of ACORD 1 / 17 / 2011 09 : 25 Lion Insurance LION INSURANCE COMPANY -► Timothy Rose Contracting , Inc . 1 / 1 Date CERTIFICATE OF LIABILITY INSURANCE 1 / 17/2011 Producer: Lion Insurance Company This Certificate is Issued as a matter of Information only and confers no rights 2739 U . S . Highway 19 N . upon the Certificate Holder. This Certificate does not amend, extend or alter Holiday , FL 34691 the coverage afforded by the policies below. ( 727 ) 938 -5562 Insurers Affording Coverage NAIC +� Insured : South E= ast Personnel Leasing , Inc . Insurer A : Lan Insurance Company 11075 2739 U . S . Highway 19 N . Insurer B : Holiday , FL 34691 Insurer C : Insurer D : Insurer E : Coverages epolicies o insurance listed below have b aonissued to the insured named above for fine policy pen o indicated NotwThsten ing anN requi rem ent, term or cond ibono a my contractor other documentwt respect to which this certificate maybe issued or may pertain , the insurance afforded by the policies descnbed herein is subject to all the terms , exclusions , and conditions of such policies Aggregate limits shown may have been reduced by paid claims INSR ADDL Policy Effective Policy Expiration Date Limits LTR INSRD Type of Insurance Policy Number Date ( MM/DD/YY) ( MM/DD/YY) GENERAL LIABILITY Each Occurrence Commercial General Liability Damage to rented premises (EA Claims Made ❑ Occur occurrence ) Med Exp General aggregate limit applies per : Personal Adv Injury Policy ❑ Project ❑ LOC General Aggregate Products - Comp/Op Agg AUTOMOBILE LIABILITY Combined Single Limit (EA Accident) Any Auto Bodity Injury AN Owned Autos (Per Person) Scheduled Autos Hired Autos Bodily Injury Non-Owned Autos (Per Accident) Property Damage (Per Accident) EXCESS/UMBRELLA LIABILITY Each occurrence Occur ❑ Claims Made Aggregate Deductible A Workers Compensation and WC 71949 01 /01 /2011 01 /01 /2012 x WC Statu- OTH- Employers' Llabiily I tory Limits I ER Any proprietor/partner/executiveoMearlmember E . L . Each Accident $ 1 ,0001000 excluded? E . L . Disease - Ea Employee 31 .000000 If Yes, describe under special provisions below. E . L . Disease - Policy Limits $ 1 ,00C ,000 Fother Lion Insurance Company is A. M . Best Company rated A- ( Excellent). AMB # 12616 Descriptions of Operations/LocationsIVehicies/Exclusions added by Endorsement/Special Provisions : Client ID : 31 .615 -108 Coverage only applies to active employee( s) of South East Personnel Leasing, Inc . that are leased to the following "Client Company" : Timothy Rose Contracting, Inc . Coverage only applies to injuries incurred by South East Personnel Leasing, Inc . active employee(s) while working in Florida . Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity . A list of the active employee( s) leased to the Client Company can be obtained by faxing a request to ( 727) 937- 2138 or by calling ( 727) 938- 5562 . Project Name : BARRIER ISLAND REUSE WATER SYSTEM , IMPROVEMENTS & SR 510 REUSE WATER SYSTEM IMPROVEMENTS, INDIAN RIVER COU FAX: 772- 564-7888 & 772- 770-5140 / ISSUE 01 - 17- 11 ( SD) Bectin Date : 2 ,/4/2009 CERTIFICATE HOLDER CANCELLATION INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVI Should arty of the above described policies be canceled before the expiration date thereof , the issuing insurer volt endeavor to mail 30 days mitten notice to the cemhcate holder named to the left, but fatlure to do so shall impose no PURCHASING DIVISION obligation or liability of arty kind upon the insurer . Its agents or representatives 1601 27TH ST . VERO BEACH, FL 32960 1 / 17 / 2011 09 : 25 Lion Insurance LION INSURANCE COMPANY -► Timothy Rose Contracting , Inc . 1 / 1 Date CERTIFICATE OF LIABILITY INSURANCE 1 / 17/2011 Producer: Lion Insurance Company This Certificate is Issued as a matter of Information only and confers no rights 2739 U . S . Highway 19 N . upon the Certificate Holder. This Certificate does not amend, extend or alter Holiday , FL 34691 the coverage afforded by the policies below. ( 727 ) 938 -5562 Insurers Affording Coverage NAIC +� Insured : South E= ast Personnel Leasing , Inc . Insurer A : Lan Insurance Company 11075 2739 U . S . Highway 19 N . Insurer B : Holiday , FL 34691 Insurer C : Insurer D : Insurer E : Coverages epolicies o insurance listed below have b aonissued to the insured named above for fine policy pen o indicated NotwThsten ing anN requi rem ent, term or cond ibono a my contractor other documentwt respect to which this certificate maybe issued or may pertain , the insurance afforded by the policies descnbed herein is subject to all the terms , exclusions , and conditions of such policies Aggregate limits shown may have been reduced by paid claims INSR ADDL Policy Effective Policy Expiration Date Limits LTR INSRD Type of Insurance Policy Number Date ( MM/DD/YY) ( MM/DD/YY) GENERAL LIABILITY Each Occurrence Commercial General Liability Damage to rented premises (EA Claims Made ❑ Occur occurrence ) Med Exp General aggregate limit applies per : Personal Adv Injury Policy ❑ Project ❑ LOC General Aggregate Products - Comp/Op Agg AUTOMOBILE LIABILITY Combined Single Limit (EA Accident) Any Auto Bodity Injury AN Owned Autos (Per Person) Scheduled Autos Hired Autos Bodily Injury Non-Owned Autos (Per Accident) Property Damage (Per Accident) EXCESS/UMBRELLA LIABILITY Each occurrence Occur ❑ Claims Made Aggregate Deductible A Workers Compensation and WC 71949 01 /01 /2011 01 /01 /2012 x WC Statu- OTH- Employers' Llabiily I tory Limits I ER Any proprietor/partner/executiveoMearlmember E . L . Each Accident $ 1 ,0001000 excluded? E . L . Disease - Ea Employee 31 .000000 If Yes, describe under special provisions below. E . L . Disease - Policy Limits $ 1 ,00C ,000 Fother Lion Insurance Company is A. M . Best Company rated A- ( Excellent). AMB # 12616 Descriptions of Operations/LocationsIVehicies/Exclusions added by Endorsement/Special Provisions : Client ID : 31 .615 -108 Coverage only applies to active employee( s) of South East Personnel Leasing, Inc . that are leased to the following "Client Company" : Timothy Rose Contracting, Inc . Coverage only applies to injuries incurred by South East Personnel Leasing, Inc . active employee(s) while working in Florida . Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity . A list of the active employee( s) leased to the Client Company can be obtained by faxing a request to ( 727) 937- 2138 or by calling ( 727) 938- 5562 . Project Name : BARRIER ISLAND REUSE WATER SYSTEM , IMPROVEMENTS & SR 510 REUSE WATER SYSTEM IMPROVEMENTS, INDIAN RIVER COU FAX: 772- 564-7888 & 772- 770-5140 / ISSUE 01 - 17- 11 ( SD) Bectin Date : 2 ,/4/2009 CERTIFICATE HOLDER CANCELLATION INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVI Should arty of the above described policies be canceled before the expiration date thereof , the issuing insurer volt endeavor to mail 30 days mitten notice to the cemhcate holder named to the left, but fatlure to do so shall impose no PURCHASING DIVISION obligation or liability of arty kind upon the insurer . Its agents or representatives 1601 27TH ST . VERO BEACH, FL 32960 2116983 THIS DOCUMENT HAS BEEN ' RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK : 2474 PG : 707 , Pagel of 3 01 /27/2011 at 0335 PM . Public Work F. S . Chapter 255.05 (1 ) (a) JEFFREY K BARTON , CLERK OF COURT Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 2SS-05 OR SECTION 719 .23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 2554S(Z) OR SECTION 713.23 FLORIDA STATUTES, BONDNU: 535286P CONTRACTOR NAME.: Timothy Rose Contractin Inc . CONTRACTOR ADDRESS: 1 360 SW Old Dixie Hwy . , Ste 106 Vero Beach , FL 32962 CONTRACTOR YHONENOP 772 - 564 - 7800 S[JRETYCOMPANY NAME. Developers Surety and Indemnity Company SURETY PRINCIPAL 150 South Pine Island Road , Ste 510 t BUSINESS ADDRESS: plantation , FL 33324 SURETY PHONE NO: 954 - 693 - 0270 OWNER NAME: Indian River County Board of County Commissioners OWNER ADDRESS: 1 800 27 Street Vero Beach , FL 32960 OWNER PHONE NO: 772 - 567 - 8000 OBLIGEE NAME: (if contracting entity l dlffemt fmm the owner, the cantncting public cubty) OBLIGEE ADDRESS: OBLIGEE PHONE NO: . BOND AMOUNT: $ 802F521 . 5 0 CONTRACT N O: Bid No . 2011022 N applicable) DESCRIPTION OFWopjcs Barrier Island Reuse Water System Improvements & SR 510 Reuse Water System Improvements PRO) ECT LOCATION: Vero Beach , FL LEGAL DESCRIPTION : (If applicable) M!mt PAGE All other (bond page(s) aro deemed subl"wrat to rich Poet "t*sdko or ary page numbcr(s) that moy be printed ilwwwa, 00610 - 2 2116983 THIS DOCUMENT HAS BEEN ' RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK : 2474 PG : 707 , Pagel of 3 01 /27/2011 at 0335 PM . Public Work F. S . Chapter 255.05 (1 ) (a) JEFFREY K BARTON , CLERK OF COURT Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 2SS-05 OR SECTION 719 .23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 2554S(Z) OR SECTION 713.23 FLORIDA STATUTES, BONDNU: 535286P CONTRACTOR NAME.: Timothy Rose Contractin Inc . CONTRACTOR ADDRESS: 1 360 SW Old Dixie Hwy . , Ste 106 Vero Beach , FL 32962 CONTRACTOR YHONENOP 772 - 564 - 7800 S[JRETYCOMPANY NAME. Developers Surety and Indemnity Company SURETY PRINCIPAL 150 South Pine Island Road , Ste 510 t BUSINESS ADDRESS: plantation , FL 33324 SURETY PHONE NO: 954 - 693 - 0270 OWNER NAME: Indian River County Board of County Commissioners OWNER ADDRESS: 1 800 27 Street Vero Beach , FL 32960 OWNER PHONE NO: 772 - 567 - 8000 OBLIGEE NAME: (if contracting entity l dlffemt fmm the owner, the cantncting public cubty) OBLIGEE ADDRESS: OBLIGEE PHONE NO: . BOND AMOUNT: $ 802F521 . 5 0 CONTRACT N O: Bid No . 2011022 N applicable) DESCRIPTION OFWopjcs Barrier Island Reuse Water System Improvements & SR 510 Reuse Water System Improvements PRO) ECT LOCATION: Vero Beach , FL LEGAL DESCRIPTION : (If applicable) M!mt PAGE All other (bond page(s) aro deemed subl"wrat to rich Poet "t*sdko or ary page numbcr(s) that moy be printed ilwwwa, 00610 - 2 PUBLIC CONSTRUCTION BOND Bond No . 535286P enter bond number) BY THIS BOND , We Timothy Rose Contracting , Incas Principal and Developers Surety and Indemn12 FA V;� MAA+ MF �i &brporation , as Surety , are bound to Indian River Countyherein called er, i the sum of $ 8 0_2 , 5 21 . 5 0 for payment of which we bind ourselves , our heirs , Ipersonal representatives , successors, and assigns , jointly and severally . THE CONDITION OF THIS BOND is that if Principal: I 1 . Performs the contract dated 3 Ayc,k,a,.u,� ao % � , between Principal and Owner for construction of Barrier Island Reuse Water Main Improvements & S * Ro 510 Reuse Water Main Improvements , the contract being made a part of this bond by reference, at the times and in ( the manner prescribed in the contract; and ( 28 Promptly makes payments to all claimants , as defined in Section 255 . 05( 1 ) , Florida Statutes , supplying Principal with labor, materials , or supplies , used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3 . Pays Owner all losses , damages , expenses, costs , and attorney's fees , including appellate I proceedings , that Owner sustains because of a default by Principal under the contract; and 4 . Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract , then this bond is void ; otherwise it remains in full force. 5. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255. 05 2) , Florida Statutes . r' 6 . Any changes in or under the contract documents and compliance or noncompliance with. 4ny formalities connected with the contract or the changes does not affect Surety's obligation itr)der-, this bond . . DATED ON January 17 , 2011 ` Timothy Rose Contractingr%: VC p I Nam rind al 4 ,• ! E B , Timoth Rose Presi✓cel .�ixit tDv opers Surety and Ina6mr ity N me of SureCvt�rPany Robert Barra Attorney In -Fadt ' ' I - r' 00610 - 3 PUBLIC CONSTRUCTION BOND Bond No . 535286P enter bond number) BY THIS BOND , We Timothy Rose Contracting , Incas Principal and Developers Surety and Indemn12 FA V;� MAA+ MF �i &brporation , as Surety , are bound to Indian River Countyherein called er, i the sum of $ 8 0_2 , 5 21 . 5 0 for payment of which we bind ourselves , our heirs , Ipersonal representatives , successors, and assigns , jointly and severally . THE CONDITION OF THIS BOND is that if Principal: I 1 . Performs the contract dated 3 Ayc,k,a,.u,� ao % � , between Principal and Owner for construction of Barrier Island Reuse Water Main Improvements & S * Ro 510 Reuse Water Main Improvements , the contract being made a part of this bond by reference, at the times and in ( the manner prescribed in the contract; and ( 28 Promptly makes payments to all claimants , as defined in Section 255 . 05( 1 ) , Florida Statutes , supplying Principal with labor, materials , or supplies , used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3 . Pays Owner all losses , damages , expenses, costs , and attorney's fees , including appellate I proceedings , that Owner sustains because of a default by Principal under the contract; and 4 . Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract , then this bond is void ; otherwise it remains in full force. 5. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255. 05 2) , Florida Statutes . r' 6 . Any changes in or under the contract documents and compliance or noncompliance with. 4ny formalities connected with the contract or the changes does not affect Surety's obligation itr)der-, this bond . . DATED ON January 17 , 2011 ` Timothy Rose Contractingr%: VC p I Nam rind al 4 ,• ! E B , Timoth Rose Presi✓cel .�ixit tDv opers Surety and Ina6mr ity N me of SureCvt�rPany Robert Barra Attorney In -Fadt ' ' I - r' 00610 - 3 535286P POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE , CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited , DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby make, constitute and appoint: ' Robert Barra" ' as its true and lawful Attorney(s)- in-Fact, to make, execute , deliver and acknowledge, for and on behalf of said corporation , as surety, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s}in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporation could do, but reserving to each of said corporation full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed . This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEM- NITY COMPANY, effective as of January 1st, 2008 . RESOLVED , that a combination of any two of the Chairman of the Board , the President, any Executive Vice-President, Senior Vice-President or Vice- President of the corpo- ration be , and that each of them hereby is, authorized to execute this Power of Attomey, qualifying the attomey(s) named in the Power of Attorney to execute , on behalf of the corporation , bonds , undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is , authorized to attest the execution of any such Power of Attomey; RESOLVED, FURTHER , that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile , and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond , undertaking or contract of suretyship to which it is attached . IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secre- tary this January 1 st, 2008 . By: =1a4ef.,, AND Daniel Young , Vice-President yJQ`� 0¢PORgrOF,y U OOT. ? '`c By w , Stephen T. Pate, Senior Vice-President 42 1 9 3 6 :' ' �7,;'` rOwN State of California �, * „*• ' County of Orange% On August 13th 2008 before me, Jenny TT Nguyen Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T. Pate Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare.subscribed to rYY� the within instrument and acknowledged to me that he/she/they executed the same in hivTe►Aheir authorized JENNY 1T NGUYEN capacity(ies) , and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of COMM . # 1791840 which the person(s) acted , executed the instrument , NOTARY PUBLIC CALITOVMp I certify under PENALTY OF PERJURY under the laws of the State of California that the for ORANGE COLOM egdng'paragraph is 9true and correct. - My comm . expires Feb. 1 % 211 WITNESS my hand and official seal . Place Notary Seal Above Signature L4�ww A� Je TT Ng n , ary Public � - ' CERTIFICATE The undersigned , as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing PoWer of A00mey remains in full force and has not been revoked and , furthermore, that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attixney are in force as of the date of this Certificate . This Certificate is executed in the City/of Irvine , California, this 17 day of Janua ry 2011 By: ' ' 4 ^G�//� Gregg Okur istant Secretary ID- 1438(Rev. 11109) 535286P POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE , CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited , DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby make, constitute and appoint: ' Robert Barra" ' as its true and lawful Attorney(s)- in-Fact, to make, execute , deliver and acknowledge, for and on behalf of said corporation , as surety, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s}in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporation could do, but reserving to each of said corporation full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed . This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEM- NITY COMPANY, effective as of January 1st, 2008 . RESOLVED , that a combination of any two of the Chairman of the Board , the President, any Executive Vice-President, Senior Vice-President or Vice- President of the corpo- ration be , and that each of them hereby is, authorized to execute this Power of Attomey, qualifying the attomey(s) named in the Power of Attorney to execute , on behalf of the corporation , bonds , undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is , authorized to attest the execution of any such Power of Attomey; RESOLVED, FURTHER , that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile , and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond , undertaking or contract of suretyship to which it is attached . IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secre- tary this January 1 st, 2008 . By: =1a4ef.,, AND Daniel Young , Vice-President yJQ`� 0¢PORgrOF,y U OOT. ? '`c By w , Stephen T. Pate, Senior Vice-President 42 1 9 3 6 :' ' �7,;'` rOwN State of California �, * „*• ' County of Orange% On August 13th 2008 before me, Jenny TT Nguyen Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T. Pate Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare.subscribed to rYY� the within instrument and acknowledged to me that he/she/they executed the same in hivTe►Aheir authorized JENNY 1T NGUYEN capacity(ies) , and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of COMM . # 1791840 which the person(s) acted , executed the instrument , NOTARY PUBLIC CALITOVMp I certify under PENALTY OF PERJURY under the laws of the State of California that the for ORANGE COLOM egdng'paragraph is 9true and correct. - My comm . expires Feb. 1 % 211 WITNESS my hand and official seal . Place Notary Seal Above Signature L4�ww A� Je TT Ng n , ary Public � - ' CERTIFICATE The undersigned , as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing PoWer of A00mey remains in full force and has not been revoked and , furthermore, that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attixney are in force as of the date of this Certificate . This Certificate is executed in the City/of Irvine , California, this 17 day of Janua ry 2011 By: ' ' 4 ^G�//� Gregg Okur istant Secretary ID- 1438(Rev. 11109) SECTION 00530 - EJCDC STANDARD FORM OF AGREEMENT ` BETWEEN OWNER AND CONTRACTOR 66 ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT ( "Agreement" or " Contract" ) , dated the day of UW IA GtMin the year 20by and between Indian River County , a political subdivision of the Stale of Florida ( hereinafter called OWNER ) an 4 . . ( 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 . a . BARRIER ISLAND REUSE WATER SYSTEM IMPROVEMENTS Indian River County ( IRC ) proposes to convert 14 , 500 LF of existing 16 " brine main , 9 , 100 LF of 12 " wastewater force main and 8 , 000 LF of 12 " potable water main into reuse water mains . The project involves cleaning and flushing of the mains and various connections . Portions of existing mains will also need to be abandoned . The work will be completed within Indian River County' s 77th Street right- of-way and within FDOT ' s State Road 510 right-of-way . The contents of the existing brine , potable water , and wastewater mains are to be properly disposed of under this project . Following conversion , the west end of the brine main is to be connected to a reuse main ( to be constructed by others ) at the Indian River County 3 . 0 MG reuse water storage tank site . The east end of the converted brine line is to be connected to the west ends of converted potable water and wastewater mains near the west shoreline of the Indian River along State Highway 510 . b . S . R . 510 REUSE WATER SYSTEM IMPROVEMENTS Indian River County ( IRC ) proposes to construct a 16 " reuse main within the State Road 510 ( SR 510 ) right- of-way from approximately the east end of the Wabasso ( inter-coastal waterway ) Bridge to State Road A- 1 -A , a distance of approximately 4 , 950 linear feet . Approximately 2 , 650 linear feet of this project will be constructed using the conventional open trench pipe installation method and the remaining approximately 2 , 300 linear feet will be constructed using the trenchless horizontal directional drill method . The proposed 16 " reuse main will be constructed along the north side of SR 510 . The project consists of, but is not limited to : utilities exploration , coordination with permitting agencies , clearing and grubbing , trenching , dewatering , removal and grouting of existing pipe , installation of pipe with fittings and all appurtenances ; valves , wet taps , pipe joint restrainers , air release valves , directional bores , soil compaction , testing , restoration of both paved and non - paved areas ( including landscaping ) , and traffic control . 00530 - 1 C :\Documents and Settings\mmclaughlin\Local Settings\Temporary Internet Files\Content . Outlook\24026LX8\00530 Agreement A1A Reuse . doc