HomeMy WebLinkAbout2016-104BAgreement
Bid No. 2016032
South County Water Treatment Plant Well No. 7 Raw Water Pipeline
THIS AGREEMENT is by and between INDIAN RIVER COUNTY. a Political Subdivision of the
State of Florida organized and existing under the L8vm; of the State of Florida, (hereinafter called
OWNER) and Blue Goose Construction, LLC (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
osset forth inArticle 8cfthis Contract. The Work ksgenerally described asfollows:
Contractor as an independent contractor and not as an employee shall furnish and complete all
of the necessary |abor, material and equipment to perform the work as specified or indicated in
the Contract Documents and perFDEP. the Indian River County Department ofUtility Services
and County Engineering Department standards. The work is generally described as follows:
The proposed work generally consists of furnishing all |aUor, rnaboha|a, b}0|e and equipment to
construct approximately 1,350 LF of 12 -inch PVC watermain, construct approximately 210 LF of
16 -inch HOPE water main via horizontal directional drill under the park 8ntnanne, and install all
necessary fittings and restraints shown on the project plans, All work will include maintaining
traffic nuntro/. complete restoration and all other appurtenant and mniane||onaVus 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 Ornot they are specifically stated herein. All work as ah0vvn on the
construction plans will be done in accordance with the Indian River County Department of Utility
Services Water & VV8stevvotor Utility Standards, (December 2015) or latest aditi0n, unless
specified differently in the individual Work Authorizations or changed by the Engineer or his
representative. The work is located in the South County Pork directly east ofthe South County
Water Treatment Plant nn28mAvenue, North nfOslo 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; o|e8hnQ and tree removal; dewatering; installation of
pipe, structures and all appurtenances; fittings and restrainers; soil backfill compaction; testing;
(including backfill and subgradetestinO); road. landscape and driveway restoration; re -grading
and grassing (sod); mobilization, demobilization and traffic control. Noexcavation 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. The park entrance shall remain
open and operational throughout construction.
Section 00530-1
The Contractor is responsible for obtaining all necessary permits. County has obtained the
necessary Florida Department of Environmental Protection Potable Water System Component
Construction Permit.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be generally described
as follows:
Project Name: South County Water Treatment Plant Well No. 7 Raw Water Pipeline
Bid Number: 2016032
Project Address: South County Park, 20t' Avenue and Oslo Road.
ARTICLE 3 — TERM AND CONTRACT TIMES
3.01 The CONTRACTOR shall be substantially completed with the following timeframe
(a) Within 60 calendar days from effective date of Notice to Proceed, Contractor shall
complete the following tasks:
1. Obtain all necessary permits.
?. 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. Mobilize all labor, equipment, and materials.
6. Deliver and store all equipment and materials to the job site.
8. Notify all utilities and other affected parties prior to initiating construction.
9. Construct the water main, including the portion to be installed via horizontal
directional drill.
(b) Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes
Substantial Completion.
(c) From 60 calendar days to 90 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
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
Section 00530-2
to this Agreement. The parties also recognize the delays, expense, and difficulties involved
in proving in a k*oa| proceeding the actual loss suffered by OWNER if the VVnMk is not
oonnp|ateU on time. Accordingly, instead of requiring any such proof. OWNER and
CONTRACTOR agree that as liquidated damages for de/@y (but not as g pnna|ty).
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 ounn of the amounts determined pursuant to paragraph 4.01.A and summarized in
paragraph 4.01.13, below:
A. For all Work, at the prices stated in sBid, attached hereto asanexhibit.
B. THE CONTRACT 8UKX subject to additions and deductions provided in the Contract
Numerical Amount: $154,319.50
Written Amount: one hundred fifty four thousand three hundred nineteen dollars and
fifty 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 Aot, Florida
Statutes section 218.70 ET. seq. The OWNER shall retain ten percent (101/6) of the payment
amounts due to the CONTRACTOR until fifty percent (50Y6) C0rnp|eUon of the work. After
fifty percent (5UY6)completion ofthe work isattained as certified tnOWNER byENGINEER
in wTdinQ. OWNER shall retain five percent (5%) Of the payment amount due to
CONTRACTOR until final completion and 8000p(anoe of all work to he performed by
CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section
218735(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 Doounnmnto, 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 bvOWNER 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 ofunits completed. After fifty percent /50%\ oonnp|eUon, and pursuant to
Section 00530-3
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.
Section 00530-5
D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having
done so) all additional or supplementary examinations, investigations, explorations, tests,
studies, and data concerning conditions (surface, subsurface, and Underground Facilities)
at or contiguous to the Site which may affect cost, progress, or performance of the Work or
which relate to any aspect of the means, methods, techniques, sequences, and procedures
of construction to be employed by CONTRACTOR, including applying the specific means,
methods, techniques, sequences, and procedures of construction, if any, expressly required
by the Contract Documents to be employed by CONTRACTOR, and safety precautions and
programs incident thereto.
E. CONTRACTOR does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the Work at the
Contract Price, within the Contract Times, and in accordance with the other terms and
conditions of the Contract Documents.
F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and
others at the Site that relates to the Work as indicated in the Contract Documents.
G. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and
data with the Contract Documents.
H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or
discrepancies that CONTRACTOR has discovered in the Contract Documents, and the
written resolution thereof by OWNER is acceptable to CONTRACTOR.
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 of the following:
A. This Agreement
B. Certificate of Liability Insurance
C. Invitation to Bid 2016032
D. Addenda (numbers 1 to 1 , inclusive);
E. CONTRACTOR'S Bid Form
F. Bid Bond
G. 00431 Schedule of Subcontractors
H. 00452 Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure
of Relationships
Section 00530-6
I. 00454 Sworn Statement Under the Florida Trench Safety Act
J. 00456 General Information Required of Bidders
K. Specifications bearing the title "South County Water Treatment Plant Well No. 7 Raw
Water Pipeline" as listed in the table of contents hereof
L. Drawings (1-10), inclusive with each sheet bearing the following general title "Well No. 7 at
South County Water Treatment Plant Raw Water Pipeline", inclusive
M. Public Construction Bond
N. 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 addendum 1) 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. If any legal action or other proceeding is brought for the enforcement
Section 00530-7
of this Agreement or because of an alleged dispute, breach, default or misrepresentation in
connection with any provisions of this Agreement, each party shall bear its own costs.
9.06 Severability. If any term or provision of this Agreement or the application thereof to any
person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder 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 of this Agreement shall be deemed valid and enforceable to the extent permitted by
law.
9.07 Availability of Funds. The obligations of the OWNER under this Agreement are subject to
the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners
of Indian River County.
9.08 No Pledge of Credit. The CONTRACTOR shall not pledge the OWNER's credit or make it
a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of
indebtedness.
9.09 Public Records. Indian River County is a public agency subject to Chapter 119, Florida
Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the
Contractor shall:
A. Keep and maintain public records required by the County to perform the service.
B. Upon request from the County's Custodian of Public Records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as
otherwise provided by law.
C. Ensure that public records that are exempt or confidential 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 contractor does not transfer
the records to the County.
D. Upon completion of the contract, transfer, at no cost, to the County all public records 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 County upon
completion of the 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 County, 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
Section 00530-8
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
(772) 226-1424
publicrecords@ircgov.com
Indian River County Office of the County Attorney
1801 27th 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 parties shown below:
County: Indian River County
Attn: Arjuna Weragoda, P.E.
1801 27th Street
Vero Beach, FL 32960
Contractor: Blue Goose Construction, LLC
Scott Holmes, Vice President
9901 Okeechobee Road
Fort Pierce, FL 34945
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
Section 00530-9
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 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).
Is 1, 14:iI
By:
IAN RIVER COU
lari, Cha
CONTRACTOR:
0
••••ti1MISS�O'n:
••
5, •
y: B ue Goose Construct
•: (Contractor)
. or'
By. ✓�, t^"�-9� -�.,a�••. a.cl�r (CORPORATE SEAL)
Jason jl�. B wn, County Administrator •...,,•,,,..•
Attest
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By:
ylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of Court and Comptroller
Attest:
Deputy Clerk
(SEAL)
Designated Representative:
Name:
Title:
Contact Info:
Section 00530-10
Address forgiving notices:
9901 Okeechobee Road
Fort Pierce, FL 34945
License No. cc,C:1517686
(Where applicable)
Agent for service of process: Srott Holmes
Designated Representative:
Name: Scott Holmes
Title: Vice President
Address:
9901 Okeechobee Road
Fort Pierce, FL 34945
Phone: (772)451-3020
Facsimile: (772)468-4669
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority to sign.)
UNANIMOUS WRITTEN CONSENT
OF THE MEMBER AND MANAGERS OF
BLUE GOOSE CONSTRUCTION LLC
IN LIEU OF SPECIAL MEETING
The undersigned, being the sole Member and Managers of BLUE GOOSE
CONSTRUCTION LLC, a Florida limited liability company, organized and existing under the
laws of the state of Florida, does hereby waive all formal requirements to the notice of holding a
meeting and does hereby take the following action by unanimous consent pursuant to the
provisions of Section 605.04073(2b), Florida Statutes:
WHEREAS, it is in the best interest of the Company to appoint Managers for the
ensuing year, the Member appoints the following Managers:
Richard M. Carnell, Jr. Jeffrey A. Hurwitz
WHEREAS, it is in the best interest of the Company that the Managers designate
officers and the officers shall hold such offices set forth opposite their respective names for one
year or until their successors are designated and qualified:
President
Vice President
Treasurer /Secretary
Assistant Treasurer / Assistant Secretary
Richard M. Carnell, Jr.
Robert Scott Holmes
Jeffrey A, Hurwitz
Gregory D. Hampton
WHEREAS, the Managers believe it to be in the best interest of the Company that the
following individuals are authorized, empowered, and directed to be authorized signatories on
the Company's bank accounts; and that each and all of the resolutions required by any bank are
hereby adopted, as though set forth in full at this point, and the Secretary of the Company
hereby is authorized to certify to the adoption of such resolutions on such form or forms as the
bank or other entity may require; and the Secretary shall insert a copy of the resolution, if any, as
so certified, in the official minute book of the Company:
Richard NI. Carnell, Jr. Jeffrey A. Hurwitz
Gregory D. Hampton
Robert Scott I lolmcs
The following unanimous written consent was adopted by the affirmative vote of the
sole Member and the unanimous consent of all Managers;
BE IT RESOLVED, that the designation of the 'Managers, Officers, and Batik Account
Signatories as designated above and other actions are hereby approved; and
FURTHER RESOLVED, that the actions of the Managers and Officers of this
Company in the conduct of its business since the last meeting, be and the same are hereby in all
respects ratified, approved and confirmed.
Dated this �day of February, 2016
Bernard A. Egan Groves, Inc., Sole Member
By:
Richard NI. Carnell, Jr., Vice President
Richard M. Carnell,
Jr., Manager
Jeffr
N`y'Y(N1rW1tz','ill nage
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ACORD,. CERTIFICA LIABILITY INSURAi
DATE13/20(MM/DDffYYY)
-:OF .0"E
7/16
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CER fIFICATE 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
CONTACT
NAME:
BB&T Insurance Services, Inc.
PA/qHONE AX
_L__, No, Ext 407 691-9600 J"rtAIC No): 888-635-4183
PO Box 4927
E-MAIL
Orlando, FL 32802-4927
1 ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC #
INSU'RER A � �itl`D al Trust Insurance Compan
120141
.407 691-9600
INSURED �INSURER B: FFVA Mutual Insurance Company 10385
I
- _ _ __
Blue Goose Construction LLC
INSURER C: FOCI Insurance Company 10178
P. O. Box 14709 INSURER D:
Fort Pierce, FL 34979-4709 —_ -_ .—__— ____ _ -
�INSURER
E:
1 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFDRDED 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.
T14—SR bDLTs_uBN _POLICY EFF_*rPOLICY EXP
LTR --�INSR JWVD � NUMBER L, LIMITS
TYPE OF INSURANCE POLICY MM/DDfYYYY) (MMIDDf"
[
A X1 COMMERCIAL GENERAL LIABILITY X GL00176832 3/0 $1000000
, =
EACH _,_ n.
—1 CLAIMS-MADELx I OCCUR
X PID Ded:5,000
GEN'L AGGREGATE LIMIT APPLIES PER,
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I POLICY JECT i LOC
OTHER:
C AUTOMOBILE LIABILITY X CA002925602
- 1
X1 ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
X HIRED AUTOS X AUTOS
AX� UMBRELLA LIA �
X OCC
UR
UMB002066502
EXCESS LIAB CLAIMSMADE
I DIED j Xj RETENTION $10000
B WORKERS COMPENSATION
� AND EMPLOYERS' LIABILITY Y N T I WC84000311432016A
I ANY PROPRIETOP/PARTNER/EXECUT.VE*- N/A
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH)
If yes, describe under
(01/2016
03!01!201
RAMAGE To RENTED
PREMISES Fn occurrence) 1$1001.900
MED EXP (Any one person) $ 5 000
PERSONAL & ADV INJURY $11,000,000
GENERAL AGGREGATE $2,000,000
PRODUCTS - COMP/OP AGG $2,000,000
COMBINED SINGLE LIMIT
(Ea acctclentL
BODILY INJURY (Per person)
��Si,c 00,000
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
/0112016103/01/2017_
EACH OCCURRENCE
$10000,001
AGGREGATE
$10,000,001
L:[O�TH. ' $
1/01/2016 01/01/201�il-MTUTE - r
E.L. EACH ACCOENT$1,000000
_J
_ !-L= __ — E.1_ DISEASE - EA EMPLOYEE 1 $1,000,000
E,L. DISEASE -POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Re: Bid #2016032 -South County Water Treatment Plant Well No. 7 Raw Water Pipeline
I Earlier Notice of Cancellation Provided by Us form #IL 011 (12106).
Additional Insured status is granted as respects to General Liability if required by written contract or
(See Attached Descriptions)
TC IJA1 f1CC IAlkle-Cl I AT111M
Indian River County
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
1800 27th Street
ACCORDANCE WITH THE POLICY PROVISIONS.
Vero Beach, FL 32960
AUTHORIZED REPRESENTATIVE
-------------
(0 1988-2014 ACUKD (;URPILIKA1 ION. All rights reservecl.
ACORD 25 (2014101) 1 of 2 The ACORD name and logo are registered marks of ACORD
#S16516110/M15703808 MOCCI
3120160044347 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL
BK: 2954 PG: 2067,8/2/2016 2:20 PM
Public Work
F.S. Chapter 255.05 (1)(a)
Cover Page
THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 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 255.05(2) OR SECTION 713.23 FLORIDA STATUTES.
BOND NO: 58737022
CONTRACTOR NAME: Bl Goose Construction LLC
C
CONTRACTOR ADDRESS: 9901 Okeechobee Road Fort Pierce FL 34945
CONTRACTOR PHONE NO:
(772) 461-3020
SURETY COMPANY NAME:
Western Surety Company
SURETY PRINCIPAL
333 S Wabash Avenue Chicago IL 60604
BUSINESS ADDRESS:
SURETY PHONE NO:
(312) 822 5000
OWNER NAME:
Indian River County Board of County Comissioners
OWNER ADDRESS:
+nnn 27th Street Vero Reach El 32960
OWNER PHONE NO:
(772) 226-1416
OBLIGEE NAME:
(If contracting entity is different from
the owner, the contracting public entity)
OBLIGEE ADDRESS:
OBLIGEE PHONE NO:
BOND AMOUNT:
%154319-50
CONTRACT NO:
Bid No. 2016032
(If applicable)
DESCRIPTION OF WORK:
SOUTH COUNTY WATER TREATEMENT PLANT WELL NO. 7 RAW WATER PIPELINE
PROJECT LOCATION:
^ NTY PARK 20TH AVENUE AND ncl n ROAD
LEGAL DESCRIPTION:
(If applicable)
FRONT PAGE
All other bond page(s)
are deemed subsequent to this page regardless of any page number(s) that may be printed thereon.
00600-2
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. WTH, CLERK
BK: 2051 PG: 2068
PUBLIC CONSTRUCTION BOND
Bond No. 58737022
(enter bond number)
BY THIS BOND, We Blue Goose Construction LLC , as Principal and Western Surety Corppany,
a corporation, as Surety, are bound to Indian River county , herein called Owner, in
the sum of $15 ,319.59 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:
1. Performs the contract dated July 12, 2016 , between Principal and Owner for
construction Of South County Water Treatment Plant Well No, 7 Raw Water Pipeline the contract being made
a part of this bond by reference, at the times and in the manner prescribed in the
contract; and
2. 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 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.
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 ON July 13, 2016 ,
Blue Goose Construction LLC
(Name of Principal)
By
.// As Attornev in Fact
We tern Surety Company
(Name of Surety)
By-�A
Brett A. Ragla , Atidmey ih-Fact &
Florida Licensed-ReBideAt Agent
Inquires: (407J643=1120
A
00600-3 y
`.r
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
BK: 295.1 PG: 2069
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURE'L'Y COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Deidre Ann Sullivan, Joseph D Johnson Jr, Francis T O'Reardon, Brett A Ragland, Joseph
D Johnson III, Kanani Cordero, Individually
of Orlando, FL, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferral to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated., by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be. signed by its Vice President and its corporate seal to be
hereto affixed on this 9th day of November, 2015.
WESTERN SURETY COMPANY
uFi V�ppe��o
afAVfi
aul T. Bruflat, Vice President
State of South Dalmta
ss
County of Minnehaha
On this 9th day of November, 2015, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY descnW in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to he the act and deed of said corporation.
My commission expires t����YN.1�hhN44A4�+n��rr�
fI S. EICH
February 12, 2021 fNtiGtRY PUC/
i SOdTii OA KJ
CERTIFICATE
1. S. Eich, Notary Public
1, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corponLi this�^ day of
rtE c "WESTERN SURETY COMPANY
t
L.. Nelson, Assistant Secretary
Form F4280-7-2012
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
BK: 2954 PG: 2070
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS ISA TRUE AND CORRECT
COPY OF THE ORiGINAL ON FILE IN THIS OFFICE. THIS
OR.IGNAL MAY HAVE REDACTED INFORMATION STATED
IN FLORIDASTATUE 119.01, // /
'J.VX6LI TH, Ct tAK
BY
DEPUTY CLERK
.... ^ DATE C
�~~
������� TIONS (Continued from Pa( -,1)
agreement per endorsement "Additional Insured -Owners Lessees or Contractor -Automatic Status" form CGL 084
(1RU3)
Additional Insured status is granted as respects to Auto Liability if required by written contract or
agreement per endorsement "Florida Auto First Choice Endorsement" form CAU 059 (12/09)
Primary and Non -Contributory for General Liability is included per endorsement "Additional Insured -Owners
Lessees or Contractor -Automatic Status" form CGL 084 (10/13)
SAGITTA uan(zm1*m1) 2 of