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HomeMy WebLinkAbout2016-103AOTE:— �^ I c l 05 -NI NO: NDFY NO: LOLL, t1 Agreement Bid No. 2016031 South County Water Treatment Plant Well No. 7, Well, Wellhead and Appurtenances and South and South Oslo Road Water Treatment Plant Floridan Aquifer Wells Rehabilitation Project THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) All Webbs Enterprises, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents as set forth in Article 8 of this Contract. The Work is generally described as follows: 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 and per FDEP, the Indian River County Department of Utility Services and County Engineering Department standards. The work is generally described as follows: The proposed work generally consists of furnishing all labor, materials, tools and equipment to construct a 16 -inch diameter Upper Floridan Aquifer production well to a depth of approximately 700 feet below land surface, including pump assembly, electrical panel, telemetry equipment, discharge piping (including valves, flowmeter and fittings), pedestal, housekeeping pad, and pipe supports. All work will include maintaining traffic control, complete restoration and all other appurtenant and miscellaneous related items and work for a completed project. It is the intent of the Indian River County Department of Utility Services to obtain complete and working installations under this contract and any items of labor, equipment, and materials that may reasonably be assumed as necessary to accomplish this end shall be supplied whether or not they are specifically stated herein. All work as shown on the construction plans will be done in accordance with the Indian River County Department of Utility Services Water & Wastewater Utility Standards, (December 2015) or latest edition, unless specified differently in the individual Work Authorizations or changed by the Engineer or his representative. The work is located in the South County Park directly east of the South County Water Treatment Plant on 201h Avenue, North of Oslo Road. The construction of the utility improvements described above shall also consist of, but not limited to: resetting of existing facilities disturbed during construction; utilities exploration; coordination with any permitting agencies; trenching; clearing and tree removal; dewatering; installation of pipe, structures and all appurtenances; fittings and restrainers; soil backfill compaction; testing; (including backfill and subgrade testing); road, landscape and driveway restoration; re -grading and grassing (sod); mobilization, demobilization and traffic control. No excavation shall be left open when work is not actively being performed. Construction fencing used in the work area shall not block sight distance near intersections or driveways. All construction equipment and materials shall be stored in a manner that does not disrupt park operations. Section 00530-1 The Contractor is responsible for obtaining a S8. Johns River Water Management District Well Construction Permit and filing the corresponding well completion report. The County has obtained the necessary Consumptive Use Permit and Florida Department of Environmental Protection Potable Water System Component Permit. ARTICLE 2 - THE PROJECT 2.01 The Project horvvhichtheVVorkundertheContna(tDucunnen1nnnaybogenongUydesnribedaa follows: Project Name: South County Water Treatment Plant Well No. 7' Well, VVm||hwad and Appurtenances and South Oslo Road Water Treatment Plant Floridan Aquifer Wells Rehabilitation Project Bid Number: 2015031 Project Address: Somth County Park, 28mAvenue and Oslo Road. ARTICLE 3 — TERM AND CONTRACT TIMES 3.01 The CONTRACTOR shall be substantially completed with the following timeframe (a) Within 180 calendar days from effective date of Notice to Prnomed. Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all rnabaha|s and equipment to be utilized in the job. l Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities inthe area ofwork. 5. Mobilize all |abor, equipnnent, and materials. O. Deliver and otVna all equipment and materials tothe job site. 8. Notify all utilities and other affected parties prior to initiating construction. 8. Construct and equip vve||, nornp|eha concrete vvork, and install electrical and telemetry components. 10. Complete all geophysical logging and pump testing. (b) Completion of all tasks outlined above (ie, Subparagraphs m) and b> oonndtub*n Substantial Completion. (o) From 180 calendar days to 240 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. 3.02 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion.__ 3.03 Liquidated Damages Section 00530-2 CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.01 above, plus any extensions thereof allowed in writing as a change order to this Agreement. The parties 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 $450.00 for each calendar day that expires after the time specified in paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.6, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $1,477,360.00 Written Amount: one million four hundred seventy-seven thousand three hundred sixty dollars and zero cents. ARTICLE 5 - COMPENSATION CONTRACTOR shall submit Applications for Payment on a monthly basis. Applications for Payment will be processed by ENGINEER as provided in 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 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 Section 00530-3 ,. 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 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 Agreement. 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. ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.01 The CONTRACTOR shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the COUNTY's Risk Manager, 6.02 CONTRACTOR shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the CONTRACTOR's fee: A. Workers' Compensation: To meet statutory limits in compliance with the Workers' Compensation Law of Florida. This policy must include employers' liability with a limit $1,000,000 for each accident, $500,000 disease policy limit and $100,000 disease each employee. Such policy shall include a waiver of subrogation as against Owner on account of injury sustained by an employee(s) of the CONTRACTOR. B. General Liability: A per occurrence form policy, including Premise Operations, Independent Contractors, Products and Completed Operations including X, C, U (Explosion, Collapse, Underground) Broad Form Property Damage, Broad Form Property Damage Endorsement, with a combined single limit of not less than $1,000,000 general aggregate to include products/completed operations, personal injury/advertising liability, fire damage /legal liability, and medical payments. Limits can be layered with an Excess Liability Policy (Umbrella). C. Business Automobile Liability: Coverage shall include Owned vehicles and Hired/Non- Owned vehicles, for a combined single limit (bodily injury and property damage) of not less than $1,000,000/combined single limit (Bodily Injury/Property Damage); personal injury protection -- statutory limits; $300,000 uninsured/underinsured motorist; Section 00530-4 $300,000/hired/non-owned auto liability. Limits can be layered with Excess Liability Policy (Umbrella). 6.03 Contractor's insurance coverage shall be primary. 6.04 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A -VII or better. 6.05 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 6.06 A certificate of insurance shall be provided to the COUNTY's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 6.07 The insurance companies selected shall send written verification to the COUNTY's Risk Manager that they will provide 30 days prior written notice to the COUNTY's Risk Manager of its intent to cancel or modify any required policies of insurance. 6.08 CONTRACTOR shall include all Subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein. 6.09 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and to reasonably adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the CONTRACTOR with separate written notice of such adjusted limits and CONTRACTOR shall comply within thirty (30) days of receipt thereof. The failure by CONTRACTOR to provide such additional coverage shall constitute a default by CONTRACTOR and shall be grounds for termination of this Agreement by the COUNTY. 6.10 The CONTRACTOR shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, arising out of or related to the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, Section 00530-5 and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect [ost, progress, or performance �t�W� or which relate to any aspect of the means, methods, techniques, eequenoeg, and procedures of construction to be employed by CONTRACTOR, including applying the specific rne8no, methods, techniques, sequences, and procedures Of construction, ifany, expressly required by the Contract Documents to be employed by C}[}NTRAC7'OR, and safety precautions and programs incident thereto. E CONTRACTOR does not consider that any further examinations, iDveStgoUOUS, exp|orationa, tests, studies, or data are necessary for the performance ofthe Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature Vfwork toLeperformed bvOWNER and others at the Site that relates hzthe Work on indicated in the Contract Documents. G. CONTRACTOR has correlated the infOrRl@tk}D known to CONTRACTOR, information and observations obtained from visits h]the Site, reports and drawings kjeOUf8d inthe Contract Doournente, and all additional exorninotiVno, investigations, exp|ormtona, tests, obudiea, and data with the Contract [)noUnneDtS. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambigubies, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof byOWNER ieacceptable hoCONTRACTOR. i The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 The Contract Documents consist ofthe following: A. This Agreement B. Certificate [dLiability Insurance C. Invitation to Bid 2016031 O. Addenda (numbers 1 to 2 .inC|Usiw8); E. CONTRACTOR'S Bid Form G.O0431Schedule ofSubcontractors H. 00452 Sworn Statement Under Section 105.08. Indian River County Code. on Disclosure i 00454 Sworn Statement Under the Florida Trench Safety Act Section 00530-6 J. 00456 General Information Required of Bidders K. Specifications bearing the title "Part A - South County Water Treatment Plant Well No. 7 Well, Wellhead and Appurtenances" L. Specifications bearing the title "Part B — South Oslo Road Water Treatment Plant Floridan Aquifer Wells Rehabilitation Project Technical Specifications" M. Drawings (1-15), inclusive with each sheet bearing the following general title "Well No. 7 at South County Water Treatment Plant Well, Wellhead and Appurtenances" dated March 2016 N. Exhibit E-1 bearing the title "Site Plan and Formation Water Temporary Piping Plan" O. Public Construction Bond P. Notice to Proceed ARTICLE 9 - MISCELLANEOUS 9.01 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONTRACTOR or employees or Subcontractors of the Contractor are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 9.02 Invitation to Bid. It is specifically understood and acknowledged by the parties hereto that all of the requirements set forth in the Invitation to Bid dated April 2016 (including addenda 1 and 2) shall be incorporated herein. 9.03 Merger; Modification. This Agreement, incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONTRACTOR and the OWNER. 9.04 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to 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. 9.05 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waiver of any other delinquency or default. Section 00530-7 If any legal action o[other proceeding is brought for the enforcement of this Agreement or because of an alleged disoute, breach, default or misrepresentation in connection with any provisions Of this Agreement, each party shall bear its own costs. 9.08 Severability. |fany term orprovision ofthis Agreement orthe application thereof toany person or circumstance ahaU, to any e/dent, be held invalid o, unenforceable for the nsnno\ndar of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision Vfthis Agreement shall bedeemed valid and enforceable tothe extent permitted bylaw. 9.07 Availability ofFunds. The obligations ofthe OWNER under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of COUOh/ Commissioners of Indian River County. 9.08 NDPledge ofCredit. The CONTRACTOR shall not pledge the [)VVNER'scredit O[make b@ guarantor of payment or surety for any c0ntn3[t, debt, obligation, judgment, lien Or any fO[[O of indebtedness. 3.09 Public Records. Indian River County is public agency subject b]Chapter 118. Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor A. Keep and maintain public records required by the County to perform the service. B. Upon request from the County's Custodian of Public F<ecDPda. provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time atocost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. C. Ensure that public records that are exempt orconfidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the uorKnaut0r does not transfer the records tOthe County. D� Upon onmok*don of the contract, trgnsfer, at no cost, to the County all public neunnjs in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the CDVDh/ upon completion ofthe contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Counh/, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACTTHE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 Section 00530-8 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 F. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 9.10 Notices. Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the part�es.shown below: County: Indian River County Attn: Arjuna Weragoda, P.E. 1801 27th Street Vero Beach, FL 32960 Contractor: All Webbs Enterprises, Inc. David Webb, Jr. 309 Commerce Way Jupiter, FL 33458 Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 9.11 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by CONTRACTOR shall survive the termination or expiration of this Agreement. 9.12 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 9.13 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 9.14 Sovereign Immunity. Nothing in this Agreement is intended to, or shall be interpreted to, constitute a waiver or limitation of the OWNER's sovereign immunity.IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been Section 00530-9 delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on July 12, 20 16 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). M M OWNER: INDIAN RIVER COUNTY Bob-sQlari, Cha Jason Bro n, County Administra?01"*. APPROVED AS TO FO ND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Cler f Ca rt nd Comptroller Attest: Clerk of Court and Comptroller (SEAL) Designated Representative Name: Title: Contact Info: CONTRACTOR: MEN 12111 1 1, 5 U!"! i= (Contactor) (CORPORATE SEAL) 22 Address for giving notices: License No. (Where applicable) Agent for service of process: 0 to -6 Designated Representative: Name: ice --o Title: U P Address: Phone: 54 r 4(.- 20 Facsimile: 5(, ?1-90 -W915 (if CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Section 00530-10 FRONTPAGE Berkley Insurance Company Bond No. 0202589 In Compliance with Florida Statute Chapter 255.05 (1)(a), Public Work All other Bond Page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon. CONTRACTOR NAME: ALL WEBBS ENTERPRISES, INC. ADDRESS: 309 COMMERCE WAY, JUPITER, FLORIDA 33458 PHONE: (561) 746-2079 SURETY COMPANY: BERKLEY INSURANCE COMPANY SURETY ADDRESS: 412 MOUNT KEMBLE AVENUE, SUITE 310 N MORRISTOWN, NEW JERSEY 07960 SURETY PHONE: (800) 331-3379 OWNER NAME: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA OWNER ADDRESS: 180127 T11 STREET, VERO BEACH, FLORIDA 32960 OWNER PHONE: (561) 226-1416 PROJECT NAME: SOUTH COUNTY WATER TREATMENT PLANT WELL NO. 7 WELL, WELLHEAD AND APPURTENANCES AND SOUTH OSLO ROAD WATER TREATMENT PLANT FLORIDAN AQUIFER WELLS REHABILITATION PROJECT, BID NO. 2016031, INDIAN RIVER COUNTY, FLORIDA PUBLIC CONSTRUCTION BOND Bond No. 0202589 BY THIS BOND, We, All Webbs Enterprises, Inc. 309 Commerce Way, Jupiter, Florida 33458 Phone - (561) 746-2079 (Contractor; address; phone) as Principal and Berkley Insurance Company , 412 Mount Kemble Avenue, Suite 310 N , Morristown, New Jersey 07960 (800) 331-3379 (surety Co.; address; phone) a Corporation, as Surety are bound to Board of County Commissioners of Indian River County, Florida 1801 27th Street, Vero Beach, Florida 32960 , herein called Owner, in the sum of One Million, Four Hundred Seventy - Seven Thousand Three Hundred Sixty Dollars and No Cents ($1,477,360.00), for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: Performs the contract dated, July 12, 2016 , between Principal and Owner for construction of South County Water Treatment Plant Well No. 7 Well Wellhead and Appurtenances and South Oslo Road Water Treatment Plant Floridan Aquifer Wells Rehabilitation Project, Bid No. 2016031 (Project, address, and brief description of work) the contract being made a part of this bond by reference, and the times and in the manner prescribed in the contract; and 2. Promptly makes payment 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. Promptly pays Owner all losses, damages, expenses, costs and attorney's fees, including appellate 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. ZAPublic Construction Bond 2.doc 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. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED July 14, 2016 ATTEST: 4�z ) / aypw-�L�_ (Principal) Secretaryil 'or (SEAL) Witness as to Principal .?07' Cvrnnx,-r-Q Lc "4 Address ATTEST: Principal All Webbs Enterprises, Inc. By: i Jl�. -L)hu D UkX-fP_ 7 2_ (vP ) 309 Commerce Way Jupiter, Florida 33458 Address /sl . Berkley Insurance Company ( urety) Secretary, JoAnn H. Bebout Surety (SEAL) 1 V)Wness to Surety , Jeanne Miller 801 N. Orange Ave., Suite 510 Orlando. Florida 32801 Address ZAPublic Construction Bond 2.doc By. Joseph D. ohnson, Jr. Att -in-Fact 801 N. Orange Ave., Suite 510 Orlando, Florida 32801 Address No. BI -10099c POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Joseph D. Johnson, Jr.; Brett A. Ragland; Francis T. O'Reardon; Joseph D. Johnson, III; JoAnn H. Bebout; Diedre A. Sullivan; John Scott Harris; or Kanani H. Cordero of Joseph D. Johnson & Company of Orlando, FL its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed One Hundred Million and 00/100 U.S. Dollars (U.S.$100,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Companx has c these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this�!�day of �� 2016. Attest: / Berkley Insurance Company IL (Seal" By By Ira S. Lederm J Hafter Senior Vice President & Secretary or e President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, thisV1 % day of(�� 2016, bye Ir S. Lederman and Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secreta6, an,� the Senior Vice Pr i t, respectively, of Berkley Insurance Company. MARIA C. RUNDBAKEN NOTARY PUBLIC MY COMMISSION EXPIRES Nofary Public, State of CcRinecticut APRIL 30, 2019 CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this 7 day of (Seal) Andr uma . `.i CERTIFICATE OF LIABILITY INSURANCE �� DATE (MM/DD/YYYY) 7/15/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 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 certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER CBIZ Weekes & Callaway 3945 West Atlantic Avenue Delray Beach, FL 33445-3902 CONTACT Jill Sayer NAME: y PHONENo. (561)278-0448 A/C No: (561)278-2391 E-DDRESMAIL.7 say er@cbizwc.com A INSURERS AFFORDING COVERAGE NAIC # INSURERA:Crum & Forster Specialty 44520 INSURED All Webb's Enterprises, Inc. 309 Commerce Way Jupiter, FL 33458 INSURERB:Travelers Indenmity Co of Amer 25666 INSURERC:Phoenix Insurance Co 25623 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:CL15103007341 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRrypE LTR OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MMIDO/YYYY POLICY EXP MM/DDIYYYV LIMITS GENERAL LIABILITY Vero Beach, FL 33458 Rose McEwen, CIC/JDS EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY tu PREMISES Ea occurrence S 50,000 A CLAIMS -MADE OCCUR X X EPK110426 11/2/2015 11/2/2016 MED EXP (Any one person) $ 5,000 PERSONAL B ADV INJURY $ 1,000,000 X Pollution Liability X $5,000 Per Claim Ded. GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000 PRO LOC X POLICYFX JECT $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT EaacCdent S 1 000,000 BODILY INJURY (Per person) S B X ANY AUTO ALL OWNEDSCHEDULED AUTOS AUTOS X X T-810-1735P699-TIA-15 11/2/2015 11/2/2016 BODILY INJURY (Per accident) $ X NON -OWNED HIRED AUTOS X AUTOS PROPERTY DAMAGE Per accident) ccident $ single limit $ UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ 2,000,000 A X I EXCESS LAB CLAIMS -MADE AGGREGATE $ 2,000,000 DED I X I RETENTION$ C $ EFX104586 11/2/2015 11/2/2016 WORKERS COMPENSATION _TTWC STATU- OTH- AND EMPLOYERS' LIABILITY YIN T E L EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A E L DISEASE - EA EMPLOYEE S (Mandatory in NH) If describe under E L DISEASE - POLICY LIMIT $ as, DESCRIPTION OF OPERATIONS below C Installation Floater T-660-1984P108-PHX-15 11/2/2015 11/2/2016 $500,000 Installation Floater $1.000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Project Name: South County Water Treatment Plant Well No. 7, Well, Wellhead and South County Water Treatment Plant Well No. 7, Well, Wellhead and Aquifer Wells Rehabilitation Project- Bid Number: 2016031; Project Address: South County Park, 20th Avenue ans Oslo Road. Indian River County is named as an Additional Insured with respects to General Liability when required by written contract with the Named Insured per policy terms and conditions. Florida statute requires 10 day notice of cancellation for non-payment of premium and 45 day notice for non -renewal. CERTIFICATE HOLDER C ANC IPI I ATION _Wrnu cu (cu i u/uol INSD25 mmnn5i m (D1988-2010 ACORD CORPORATION. All rights reserved. Thn A(r)Pr) nomas onrl Innn oras rnnicfnrnrl mnr4c of Arr1Rr1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Indian River County ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Arjuna Weragoda, P.E. AUTHORIZED REPRESENTATIVE 1801 27th Street Vero Beach, FL 33458 Rose McEwen, CIC/JDS _Wrnu cu (cu i u/uol INSD25 mmnn5i m (D1988-2010 ACORD CORPORATION. All rights reserved. Thn A(r)Pr) nomas onrl Innn oras rnnicfnrnrl mnr4c of Arr1Rr1 ACORO CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DDlYYYY} 11 5/18/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 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 certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. 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). PRODUCER SUNZ Insurance Solutions, LLC. ID: (PMI) CONTACT NAME_ Joanne Allen c/o Payroll Managgement Inc. of Delaware 348 Miracle Parkway SW Suite 39 —� X PHONE FA E -MAIC° EXtr_ $50 �s6-7a2o __ _ _ {ArC,No} 888_4$3_1697 Fort Walton Beach, FL 32548 ADDRESS:._ _ _ . Hours@pmipeo.com _ INSURER($} AFFORDING COVERAGE NAIC # — -- INSURER A: SUNZ Insurance Company_ -_ 34762 __ - INSURED Payroll Management Inc. of Delaware INSURER B : Aspen Re - London - Best Rating "A+" INsuRER c : Chaucer�ndicate - Lloyds _Best Rating "A+" 348 Miracle Strip Parkway SW, Suite 39 $ - Fort Walton Beach FL 32548 INSURER 0: Faraday Syndicate - Lloyds - Best Rating "A+" INSURER E: ----'-- _ -- --- - -- 1' $ - INSURER F: I rnvFRAr.FR rFRTIFIrATF NIIIVIRFR• ')QQA71R7 RFVISION Nt1MRFR- 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRTYPE OF INSURANCE ADDL SUER POLICY NUMBER MM DI D/YYVY MM DD/YYYY LIMITS LTR i 'COMMERCIAL GENERAL LIABILITY Vero Beach FL 32960 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE sr. EACH OCCURRENCE DAMAGE TO RENTED t` 1 CLAIMS -MADE .. OCCUR PREMISES Ea occurrence 1111 $ - MED EXP (Any one person) $ - __ PERSONAL 8 ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ F I PRO- I- POLICY L JECT t -J LOC PRODUCTS - COMP/OPAGG S OTHER: $ AUTOMOBILE LIABILITY i COMBINED SINGLE LIMIT (Ea acc-dent)_ — I` ANY AUTO— BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per acadent) $ AUTOS ONLY AUTOS -_-_ HIRED NON -OWNED ( PROPERTYDAMAGE $ -__ AUTOS ONLY AUTOS ONLY , (Per accident)___,-. UMBRELLA UAB _ OCCUR _'IMS I EACH OCCURRENCE _ $ EXCESS LIAB -MADE I AGGREGATE $ ' DED RETENTION S i ` $ A WORKERS COMPENSATION WCPE0000035301 11/1/2015 11PER OERH AND EMPLOYERS' LIABILITY Y / N 1/1/2016 1/ STATUTE _ - - ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? : NIA (Mandatory in NH) ' E.L. DISEASE - EA EMPLOYEE $ 1,000,000 It yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B (Workers Compensation This is for informational purposes C Excess Coverage and nothing shall create any right D under such reinsurance. I DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Coverage provided for all leased employees but not subcontractors of: ALL WEBB'S ENTERPRISES, INC. Client Effective Date: 5/1/2016 Coverage only applies to injuries incurred by PMI & Subsidiaries active EE's while working in the state of FL. Coverage does not apply to statutory EE's or independent contractor(s) of the client Co. or any other entity. Does not cover USL&H PROJECT: South County Water Treatment Plant Well No. 7 Well, Wellhead and Appurtenances and South Oslo Road Water Treatment Plant Floridan Aquifer Wells Rehabilitation rFRTIFICATF I4r1I (IFR rANr.FI I ATInN 1329 {radian River Count County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1800 27th Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Vero Beach FL 32960 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE sr. Glen J Distefano ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 2996'1167 1 Master Cett.ificate. I Lakeluuha Straka- Conway 1 h/10/2016 11:19 18 PM (EDT) I Page 1 of 1