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HomeMy WebLinkAbout2017-144A . • SECTION 00530— EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE Collier Creek Estates Phases 1, 1A, 1B, 2 and Harbor Point Phase 3 Water Assessment Project THIS AGREEMENT ("Agreement" or"Contract"), dated the 3 day of October in the year 2017 by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and Timothy Rose Contracting, Inc. .(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 and per FDEP, FDOT, County Utilities Department (IRCDUS) and County Engineering Department standards. The work is generally described as follows: IRCDUS proposes to construct a new 8" and 6" water system to serve 201 lots in the Collier Creek Estates Phases 1, 1A, 1B, 2 and Harbor Point Phase 3 Subdivisions. The facilities shall include about 7730 feet of 8" PVC pipe, 4625 feet of 6" PVC pipe, 2340 feet of 4" PVC pipe, and 14 fire hydrants on Easy Street, Holden Avenue, Charles Avenue, Becker Avenue, Chello Avenue, Fleming Street, Barbara Court, Arega Street, Hunt Court, and Harbor Point Drive. The construction of the utility improvements described above shall also consist of, but not limited to: resetting of signs, mailboxes, and other existing facilities disturbed during construction; utilities exploration; coordination with any permitting agencies; trenching; clearing and tree removal; dewatering; installation of pipe, structures and all appurtenances; soil backfill compaction; testing; exfiltration testing; backfill and subgrade testing; road, landscape and driveway restoration; regrading and grassing (sod); and traffic control. All right —of-way shall be restored to like or better condition including sidewalks and drainage. 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 a minimum of 15 feet from the edge of pavement and shall be protected by Type II barricades with flashing yellow lights. CONTRACTOR shall submit a Traffic Control Plan to the County Traffic Engineering Division a minimum of 72 hours prior to construction and notify the Traffic Engineering Division a minimum of 24 hours before any lane closures. A temporary access plan shall be provided indicating how local traffic will be maintained if the existing road is removed and reconstructed. Stand mounted Advance Construction signing shall be installed in accordance with FDOT Index 602. One lane closures shall be in accordance with FDOT Index 603. When any work encroaches the area between the centerline and two (2) feet outside the edge of pavement, traffic shall be restricted to a single lane. 00530-1 Addendum 1 ARTICLE 2 ENGINEER The Collier Creek Estates Phases 1, 1 A,1 B, 2 and Harbor Point Phase 3 Water Assessment project has been designed by John Boyer, P.E., 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 30 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 on 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 31 calendar days to 210 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 211 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. • 3.2 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 00530-2 Addendum 1 J 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 Paragraphs 3.1 and 3.2 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER four-hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER four-hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.2 for Final Completion and readiness for final payment. 3.3.1 The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above-stated liquidated damages due to the Owner from payments due to the Contractor; or, in the alternative, all or any portion of the above-stated liquidated damages may be collected from the CONTRACTOR or its surety or sureties. These provisions for liquidated damages shall not prevent the OWNER, in case of the CONTRACTOR's default, from terminating the CONTRACTOR's right to proceed as provided in this AGREEMENT. 3.3.2 In addition to the above-stated liquidated damages, the CONTRACTOR shall be responsible for reimbursing OWNER for third party consultants in administering the Project beyond the Substantial Completion date specified in this Agreement, or beyond an approved extension of time granted to CONTRACTOR, whichever date is later. ARTICLE 4 CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of$ 1,291,717.40 ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 ET. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8) (b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the 00530-3 Addendum 1 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) (2016), 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 Addendum 1 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 Addendum 1 • 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 Bond (Section 00600). 8.3 Notice of Award and Notice to Proceed (examples in Section 00800). 8.4 General Conditions (Section 00700). 8.5 Supplementary Conditions of Construction Contract(Section 00800). Documents/Specifications bearing the title "Collier Creek Estates Phases 1, 1A, 1B, 2 and Harbor Point Phase 3 Water Assessment Project/ Bid No. 2017067" 8.6 Addenda numbers 1 to 2 , inclusive. 8.7 CONTRACTOR'S Bid Form (Section 00310): 8.8 Specifications bearing the title "IRCDUS Water and Wastewater Utility Standards, December 2015", or the latest version thereof & DIVISION II TECHNICAL SPECIFICATIONS. 8.9 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. 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. 00530-6 Addendum 1 9.6 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 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 construction contract. 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. 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 RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(aircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 00530-7 Addendum 1 F. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. This Agreement will be effective on October 3 , 2017 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY N WV) .__.• .. $ mak Ai /,,...„ • al j001.�COhl By: Aar/_ ` Vf/... __ • - Iarman f�: (Contractor)�N, . BY a � .4.:- • : (CORPORATE SEAL) Jason .. Bro n, County Administrator's*. :`l' !' _'-.; �.' .�., tt APPROVED AS TO FORM AND LEGAL'............ SUFFICIENCY: By: Dylan eingold, County Attorney Address for giving notices::1 i, . , ra(46 \ tM ATTEST: 10 Jeffrey R. Smith, Clerk of Court and Comptroller v 3i(A2 License No.c _O Zc\4 BY 91k1 tie (Where applicable) Deputy C , (SEAL) Agent for service of process: Designated Representatixe: Name: �' �y� Title: Address: ISW6t C6 LL� Ste. (Q(P le "Dh 37.q 4v2 Phone: 'rjZ Slog ') Oa Facsimile:772. %'1 Inv (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 00530-8 Addendum 1 ' 4 """ 20e17 FLORIDA PROFSIT CORPORATION A'1NUAL REPORT FILED DOCUMENT#S75343 Jan 06, 2017 Entity Name: TIMOTHY ROSE CONTRACTING, INC. Secretary of State CC9119421458 Current Principal Place of Business: 1360 OLD DIXIE HWY SW • STE 106 • VERO BEACH, FL 32962 Current Mailing Address: 1360 OLD DIXIE HWY SW STE 106 VERO BEAc =: FL 32962 US FEI Number: 65-0284242 Certificate of Status Desired: No Name and Address of Current Registered Agent: ROSE,TIMOTHY W. 1360 OLD DIXIE HIGHWAY SW 106 VERO BEACH,FL 32962 US • The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : Title P Title SEC Name ROSE,TIMOTHY W. Name ROSE,RONALD Address 1360 OLD DIXIE HWY SUITE 106 Address 1360 SW OLD DIXIE HWY#106 City-State-Zip: VERO BEACH FL 32962 City-State-Zip: VERO BEACH FL 32962 Title TREA Name ROSE,LISA A Address 1360 SW OLD DIXIE HWY#106 City-State-Zip: VERO BEACH FL 32962 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:TIMOTHY W. ROSE PRESIDENT 01/06/2017 Electronic Signature of Signing Officer/Director Detail Date 1 • ® -ACORD CE ` T FICATE OF LIABILITY INSURANCE • DATE(MMIDD/YYYY)• 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: (Essential) CON AMTE:ACT . q NJennifer Hauger • C/o Essential HR, Inc. dba First Star HR PHONE FAX • 4455 LBJ Freeway, Suite 1080 E-MAILo.Ext)- 972-404-0295 (A/C,Ne): Dallas; TX 75244 ADDRESS: iennifer.hauger anfirststarhr.com INSURER(S)AFFORDING COVERAGE NAIC N • INSURER A: SUNZ Insurance Company • 34762 ' INSURED ' • INSURER B: • Essential HR Inc., Essential HR II, Inc. dba FirstStar HR INSURER C 4455 LBJpFreeway • INSURER D: Suite 1 080 INSURER E Dallas TX 75244. • INSURER F: • COVERAGES CERTIFICATE NUMBER: 38008820 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. INSR ADDL SUBR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP {MMIDD/YYYY) (AIMIDDlYYW) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE'S $ • DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ • PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: . $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) _ ANY AUTO - BODILY INJURY(Per person) $ • OWNED SCHEDULED • AUTOS•ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) $ UMBRELLA LIAB' OCCUR EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS-MADE •AGGREGATE $ • DED RETENTION$ $ A WORKERS COMPENSATION WCPE0000018405 10/1/2017 10/1/2018 PER 0TH STATUTE AND EMPLOYERS'LIABILITY Y/N WCPE0000018404 / 10/1/2016 10/1/2017 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED7 N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 • • DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Coverage provided for all leased employees but not subcontractors of:Timothy Rose Contracting,Inc. 1360 SW OLD DIXIE HWY SUITE 106 Effective date: 10/1/2013 CERTIFICATE HOLDER CANCELLATION 62200099 ' Indian River County Building Department SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1801 27th St. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Vero Beach FL 32960 ACCORDANCE WITH THE POLICY PROVISIONS. • AUTHORIZED REPRESENTATIVE Glen J Distefano• (N/ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) , The ACORD name and logo are registered marks of ACORD 38000820 1 Essential HR Inc PEO 184 MASTER CERT 1 Natalie Matthews 19/26/2017 5:16:00 PM (CDT) 1 Page 1 of 1 - 3120170061405 RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BIS: 3065 PG: 1270,10/25/2017 2:06 PM Public Work P.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 UMITATION PROVISIONS IN SECTION 255.05(2)OR SECTION 713.23 FLORIDA STATUTES. BOND NO: 8634599 CONTRACTOR NAME: Timothy Rose Contracting, Inc. CONTRACTOR ADDRESS: 1360 Old Dixie Hwy SW, Suite 106 Vero Beach, FL 32962 • CONTRACTOR PHONE NO: (772)564-7800 SURELY COMPANY NAME: Westfield Insurance Company SURETY PRINCIPAL One Park Circle, P.O. Box 5001 BUSINESS ADDRESS: Westfield Center, OH 44251-5001 SURETY PHONE NO: (904)661-4700 OWNER NAME: Indian River County, a political subdivision of the State of Florida _ OWNER ADDRESS: 1800 27th Street Vero Beach, FL 32960 OWNER PHONE NO: (772)226-1416 OBLIGEE NAME: p I toatranhtg entity Is dttfeaent bora tit ownee,the contracting public entity) —' OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: $1,291,717.40 CONTRACT NO: at wpm:Lew DESCRIPTION OP WORK: Collier Creek Estates Phases 1, 1a, 1 b 2 and Harbor Point Phase 3 Water Assessment Project PROJECT LOCATION: as described above LEGAL DESCRIPTION: (U epptablt) FAOM1T PAC P, ' All abet bead page(s)are deemed su(ta quid to Thi,pep regardless et say page ouwberts)that nay be prlated rhertoo. 00610-2 00610-Public Construction Bond F.1Pubic WotkstENOINEERING DIVISION PROJECTS10225 20th Ave end 16th St Intersection ImprovernenhAdmIrntbld documentsWaster Contract Doctrnenta100610-PubQc Construction Bond.doo A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH,CLERK BK: 3065 PG: 1271 PUBLIC CONSTRUCTION BOND Bond No. 8634599 (enter bond number) BY THIS BOND, We Timothy Rose Contracting, Inc. , as Principal and Westfield Insurance Company , a corporation, as Surety, are bound to Indian River County,FL , herein called Owner, in the sum of$ 1,291,717.40 , 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 October iq 2017 , between Principal and Owner for construction O1f "flier Creek Estates Phase 1,1a.lb,2 8 Harbor Point Phase 3 Water Assessment Pr9 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 October 18,.2017 ,,urtr•rru,,. Timothy Rose Contracting, Inc. tic e of Principal) ;'•'. `��,•^;`� 0 .1 (As Attorney in Fact) e,399tyi dS 310 aeoa ^i Westfield Insurance Company •mn11 ._. (Name of Surety) • 00610-3 00610-Public Construction Bond F:\PubIic Works\ENGINEERING DIVISION PROJECTS\0225 20th Ave and 16th Sl Intersection ImprovemenMdmim\bid documents\Master Contract Documents\00610-Public Construction Bond.doc A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK BK: 3065 PG: 1272 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 ORIGINAL MAY HAVE REDACTED INFORMATION AS STATED General IN FLORIDA STATUE 119.07, POWER NO. 0990102 00 Power 5�:ti- R 'T", K Westfield Insurance Co of Attorney --• Westfield National Insurance Co. • 4,;4.4., DEP CLE v4'._.:>-. ;' DATE /OA S�D/7 Ohio Farmers Insurance Co. CERTIFIED COPY "'"" Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County,Ohio,do by these presents make,constitute and appoint CABOT W.LORD,JOSEPH E.COONS,JOINTLY OR SEVERALLY of PALM CITY and State of FL its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE,OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved,that the President,any Senior Executive,any Secretary or any Fidelity&Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorneyor any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be vald and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8,2000). In Witness Whereof,WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE' COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 21st day of MARCH A.D.,2014 . Corporate ,,,,,,,,,,,,,,, .,,,.....III,,,, Seals o\Soli 4 ,s•1, .NAL,,,„ - � WESTFIELD INSURANCE COMPANY Sexed •v .a o O; •''•• -p .11 ..T1.44:,;\ WESTFIELD NATIONAL INSURANCE COMPANY � • OHI FARMERS INSURANCE COMPANY (DEAL y `LL SEAL 'q°'imi ru��To - State of Ohio * ��""'�•�' ".izi - ..,,,.k t Vg)%. :nz ly. 1848 :.,,,t; ' ? )1,,, ,c , J By Dennis P. Baus, National Surety Leader and County of Medina ss.: Senior Executive On this 21st day of MARCH A.D.,2014 , before me personally came Dennis P. Baus to me known,who, being by me duly sworn,did depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order. Notarial ,,,..,. al Pxed 0 P':.. iii1/j ON ,paze,dooA_ Affixed David A. Kotnik, Attorney at Law, Notary Public State of Ohio o My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code) County of Medina ss.: ' 7- or o i• I,Frank A.Canino,Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect;and furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 18th day of Octobertie..M ;;,• 2017' ,,,,v ' w, uj :O. Gp:, f 1i • lfile i Ie.( L� LL`: :r� i�C.l11iATERfp ; i +t sm SEAL =� _ ;� Secretary ti , :_ ..'..-S0-11: , 15 if";.1848::l Frank A.Carrino, Secretary BPOAC2(combined) (06-02)