HomeMy WebLinkAbout2007-043 X75
2- 007 - ou 3
SECTION 00530 - EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT, dated the �f —day of n the year and
between Indian River County, a political subdivision of the the S�orida hereinafter called
Y P (
OWNER) and CPS Contracting, Inc_ of Vero Reach„ Florida (hereinafter called
CONTRACTOR) .
OWNER and CONTRACTOR , in consideration of the mutual covenants hereinafter set forth ,
agree as follows:
ARTICLE 1 . WORK
CONTRACTOR shall complete all work as specified or indicated in the Contract Documents . The
work is generally described as follows:
Furnish all labor, equipment, and materials necessary to construct approximately
24, 113-LF of 24-inch forcemain including , but not necessarily limited to , a total of
3489-LF horizontal directional drill at seven (7) locations, all fittings, pipe,
appurtenances, clearing , restoration , and all testing as shown on the drawings and
as depicted in these documents .
CONTRACTOR, as an independent contractor and not as an employee, shall furnish , for the sum
amount of !93,27F,76�Q9, all of the necessary labor, material, and equipment to perform the work
described above in accordance with the Contract Documents .
ARTICLE 2. ENGINEER
The project has been designed by Kimley-Horn and Associates, Inc. , hereinafter called
ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities
and have the rights and authority assigned to ENGINEER in the Contract Documents in
connection with completion of the work in accordance with the Contract Documents .
ARTICLE 3. CONTRACT TIME.
3 . 1 The work will be completed in accordance with the following time frame.
(a) Within 21Q calendar days from the effective date of Notice to Proceed , the
CONTRACTOR shall complete the following tasks :
1 . Install all pipes , valves, and appurtenant items .
3 . Perform all testing .
044572015
00530- 1
• �r r/
4. Provide a system to the OWNER which is of beneficial use and allows the
OWNER to provide utility service to their customers with normal
operations .
Completion of all tasks outlined above (i .e. , Subparagraphs a) constitute Substantial
Completion .
(b) From 211 calendar days to 2412 calendar days from the effective date of Notice
to Proceed , the CONTRACTOR shall complete the following tasks :
1 . Clean up project area .
2. Restore all disturbed areas to their pre-construction condition .
3. Correct all deficiencies noted by Engineer.
4. Remove all equipment and material from project site.
5. Perform contract close-out procedures .
Completion of all tasks outlined above (i . e. , Subparagraphs a and b) constitute Final
Completion .
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the work is not
completed within the times specified in Paragraph 3 . 1 above, plus any extensions
thereof allowed in accordance with Article 12 of the General Conditions. They also
recognize the delays, expense and difficulties involved in proving in a legal proceeding
the actual loss suffered by OWNER if the work is not completed on time. Accordingly,
instead of requiring any such proof, OWNER and CONTRACTOR agree that as
liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER
three hundred and fifty dollars ($350. 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 three
hundred and fifty dollars ($350 .00) for each day that expires after the time specified in
Paragraph 3. 1 for completion and readiness for final payment.
3 .3 In addition to the above-stated liquidated damages, the CONTRACTOR shall be
responsible for reimbursing OWNER for all costs incurred by OWNER to third party
consultants including , without limiting the generality of the foregoing , any
ENGINEER in administering the construction of the Project beyond the Substantial
Completion date as specified in the Contract 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 -4t.1 275,769 q9.
044572015
00530-2
r V.i
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.
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 measured by the schedule of values
established , or in the case of unit price work based on the number of units
completed. After fifty percent (50%) completion , and pursuant to Florida
Statutes section 218.735(8) (d) , the CONTRACTOR may submit a pay request to
the County as OWNER for up to one half ( 1 /2) of the retainage held by the
County as OWNER , and the County as OWNER shall promptly make payment to
the CONTRACTOR unless such amounts are the subject of a good faith dispute ;
the subject of a claim pursuant to Florida Statutes section 255 .05(2005) ; or
otherwise the subject of a claim or demand by the County as OWNER or the
CONTRACTOR . The CONTRACTOR acknowledges that where such retainage
is attributable to the labor, services, or materials supplied by one or more
subcontractors or suppliers, the Contractor shall timely remit payment of such
retainage to those subcontractors and suppliers . Pursuant to Florida Statutes
section 218 . 735(8) (c) (2005) , CONTRACTOR further acknowledges and agrees
that: 1 ) the County as OWNER shall receive immediate written notice of all
decisions made by CONTRACTOR to withhold retainage on any subcontractor at
greater than five percent (5%) after fifty percent (50%) completion ; and 2)
CONTRACTOR will not seek release from the County as OWNER of the
withheld retainage until the final pay request.
5.3 Paragraphs 5 . 1 . 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.
044572015
00530-3
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.
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
044572015
00530-4
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 . 03 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 is covered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
ARTICLE 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the work consist of the following :
8 . 1 This Agreement (Section 00530) .
8 .2 Performance and other bonds (Sections 00610 and 00620).
8. 3 Notice of Award and Notice to Proceed .
8.4 General Conditions (Section 00700).
8. 5 Supplementary Conditions (Section 00800).
8.6 Technical Specifications as listed herein the table of contents of these documents.
8.7 Drawings consisting of a coversheet and sheets 2 through 24 , inclusive, with each
bearing the title Phase I Force Main Construction for the West Wastewater
Transmission System .
8. 8 Addenda numbers 1 to 4 inclusive.
8. 9 CONTRACTOR'S Bid Form (Section 00310).
8. 10 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 Paragraph 3. 04 of the General Conditions.
8 . 11 Specifications bearing the title " IRCDUS Water and Wastewater Utility
Standards , September 2004" , or the latest version thereof.
044572015
00530-5
NNW
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 Paragraph 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 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of
the party sought to be bound .
9.3 OWNER and CONTRACTOR each binds itself, its partners , successors, assigns
and legal representatives to the other party hereto, its partners, successors,
assigns and legal representatives in respect of all covenants, agreements and
obligations contained in the Contract Documents.
9.4 THE CONTRACTOR SHALL BE PROPERLY LICENSED TO PRACTICE ITS
TRADE OR TRADES WHICH ARE INVOLVED IN THE COMPLETION OF THIS
AGREEMENT AND THE WORK THEREUNDER .
9.5 This agreement shall be governed by the laws of the State of Florida. Venue for
any lawsuit brought by either party against the other party or otherwise arising out
of this agreement shall be in Indian River County, Florida, or, in the event of
federal jurisdiction, in the United States District Court for the Southern District of
Florida .
9. 6 CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with
its agents, employees, elected officers and representatives, from liabilities,
damages, losses , and costs, including but not limited to, reasonable attorney's
fees, to the extent caused by the negligence , recklessness or intentional wrongful
misconduct of the CONTRACTOR and persons employed or utilized by the
CONTRACTOR in the performance of the work under this Agreement. This
indemnification and hold harmless provision shall survive the termination or
expiration of this Agreement.
9.7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or
make it a guarantor of payment or surety for any Agreement, debt, obligation,
judgment, lien or any form of indebtedness. The CONTRACTOR further warrants
and represents that it has no obligation or indebtedness that would impair its ability
to fulfill the terms of this Agreement.
9. 8 Counterparts. This Agreement may be executed in one or more counterparts, but
all such counterparts, when duly executed , shall constitute one and the same
Agreement.
9. 9 Public Records . The OWNER and the CONTRACTOR shall comply with the
provisions of Chapter 119, Florida Statutes (Public Records Law) in connection
with this Agreement.
044572015
00530-6
.. W40
Article 10 . OTHER PROVISIONS .
IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement in
triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and
ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER
and CONTRACTOR or by ENGINEER on their behalf .
OWNER: CONTRACTOR:
Indian River County SPS Contracting of Vero Beach Florida
Board of County Commissioners
BY e BY_�CZ
Hat° w _ Chair an
- , -ORATE SEAL)
Attest: Attest:
J . K. Bart& i Irk of the Ci"it Court
"Deputy Clerk
Approved By:
1
J eph A. Baird , County Adr6nistrator
ARp oved as to Form and Le al Sufficiency:
Co t Attorney
Address for giving notices Address for giving notices
1840 25"' Street Vero Beach , F1 32960 9015 Americana Rd . Suite 1
Vero BearFlorida 32966
License No. CCC007541
Agent for service of process:
END OF SECTION
044572015
00530-7
Dete : 2 ;/ 16 / 2007. Time : 8 : 17 . AM To : . 17727782862 @ 17727782862 Brown S Brown , Inc . Page : 002 - 003
Client#: 203 SPSi!W
ACORDM CERTIFICATE OF LIABILITY INSURANCE DIODIYVYY)
O2Jyt6l21612007
PRODUCER THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION
Brown & Brown, Inc. ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE
1401 Forum Way HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR
Suite 400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
West Palm Beach, FL 33401 - INSURERS AFFORDING COVERAGE - NAIC #
INSURED INSLHER A Zurich American Ins Cc 26247
SPS Contracting Inc. - -- - - - -
InscREmerican Guarantee & Liability 26247
R s: A
9015 Americana Rd. INSURER C. Valley Forge Insurance Co.
Vero Beach, FL 32966
INSURER D.
INSUFER E.
COVERAGES
TiE POLICIES 0= INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REWIRENIENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERT/=ICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMNS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADO'I TYPEOF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICYEXPIRAIION
LTR INSETDATE (MMUDD1YYI DATE MMUDVYJ LIMITS
A GENERAL LIABILITY CP09138046 06106/06 06!06/07 FACH OCCURRENCE _ S1 000 000 _
TXPOCI
MERCIAL 3ENERAL LABILITY DAMAGE TO FENTED
I � REMISES T, aeU,.renno $300200 _
CLAIMS MADE L ^ ' OCCUR MFD EXP LAny one oer5onl $10,000
Ded:2 DDD PERSONAL S ACV INJURY $1 ,000 000
GENERAL AGGREGATE s2000 000
CENLAGGREGATE UNIT APPLIES PER. PRODL.CTS - COMCOP AGG $2,000000
POLICY I X PRO -
ECT
A AUTOMOBILE LIABILITY BAP9138045 06/06/06 06/06107 COMBINED SINGLE LIMIT 81000,000
X ANYAVIO (Ea accdenl;
ALL OWNED AU TOS BODII
(Per
Y INJURY $
SCHED6LED ALTOS (Per pevanj
X HIRED AUTOS
BODILY INJURY $
X NONCVVNED AUTOS (Pe, am tlsn0
X Drive Other Car
PROPERTY DAMAGE $
iPe' "dell)
GARAGE LIABILITY AUTOONLY EAA"CIDENT $
ANYAUTO EA ACC $
-- CTFER THAN
AUTO ONLY. AGG $
C EXCESB,UMBRELLA LIABILITY AUC5917274001 06106/06 06/06/07 EACH OCCLRREKCE $5000000
-XI OCCUR ❑ CLAINS MADE AGGFEGATE $5,000,000
DEDUCTIBLE $
X RETENTION $ -0- $
B WORKERS COMPENSATION AND WFL2161063 ' 06/06/06 06/06/07 WCSTATU- I X OTR-
EMPLOYERSLIABILITY LIV
ANY PROPRIETORIPARTNERIEXECUTI'✓E E.L. EACH ACCIDENT $1 , 000,000
OFFICERIMEMBER EXGLUDED'+
EL DISEASE - EP ENPLCYEE $1 ,000,000
LeR ` ie EcwPOVisonS below E - DISFASE POLICYLIMIT 1 $1 ,000,000
A OTHER Leased/ CP09138046 06/06106 06106/07 $300,000 Any One Item
Rented Equipment $5,000 Deductible
DESCRIPTION OF OPERATIONS , LOCATIONS / VEHICLES l EXCLUSIONS ADDED BY ENDORSEMENT i SPECIAL PROVISIONS
`10 Days Notice of Cancellation for Non-Payment of Premium.
Project Name: IRC Force Main Construction Phase II
Indian River County and Indian River County Board of County Commissioners are named
Additional Insured with respects to General Liability as required by written contract.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Indian River County Board of DATETHEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL *-M_ OAYSWRITTEN
County Commissioners NOTICE 10 I HE CERTIFICATE HOLDER NAMED TO THE LEFT, BU I FAILURE TO DO SO SHALL
1840 25th Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
Vero Beach, FL 32960 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2001/08) 1 of 2 #S379052/M362743 SRN o ACORD CORPORATION 1988
Date : 2 /16 / 2007 Time : 8 : 17 AM To : 17727782862 @ 17727782862 Brown 6 Brown , Inc . Page : 003 - 003
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the pol icy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s ).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
Ai 25-5 (2001108) 2 of 2 #S379052JM362743
1823481 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN
RIVER CO FL , BK : 2137 PG : 1092 , 02 / 26 /2007 02 : 10 PM
SECTION 00610
Bond #08805732 PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
BY THIS BOND, We' S . P . S . Contracting , Inc . - 9015 Americana Rd . , Suite U1
Vero Beach , FL 32966 ( 772) 778-4878
as Principal and "' Fidelity 6 Deposit Company of Maryland
863 Creston Dr . , Maitland , FL 32751 (407 ) 629-1955
" INSERT NAME, PRINCIPAL BUSINESS ADDRESS, AND PHONE NUMDER OF TWE CONTRACTOR
" INSERT NAME, PRWCIPAL BUSINESS ADDRESS, AND PHONE NUMBER OF THE SURETY
{ire $� � Ixy b n I� 4h�� �y of Indian River, Fbrida, in the sum of
$und�red-TtSr oY,�rs �� . bSrY�� Dallars ($ 4 , 094 , 703 . 65 ), amounting to
125% of the total bid price. For the payment of said sum we bind ourselves, our heirs,
executors, administrators and assigns, jointly and severally, for the faithful performance of a
certain written Contract, dated the G n+' day off�aa_�Ra�1
20 07 , entered Into between the Principal and the County of Indian River, for:
Project Name: Force Main Construction for the West Wastewater Transmission
System, Phase 1
County Project Number. UCPm2628
County Bid Number. 2002
CDBG Contract #: N/A
Project Location: Intersection of 82nd Avenue and 8th Street to Intersection of
58th Avenue and 5th Street SW
Project Description: Furnish all labor, equipment, and materials necessary to construct
approximately 24, 113-LF of 24-inch forcernsin including , but not
necessarily limited to, a total of 3489-LF horizontal directional drill
at seven (7) locations, all fittings, pipe, appurtenances, clearing ,
restoration, and all testing as shown on the drawings end as
depicted In these documents.
A copy of said Contract Including all f:ontract Documents therein referenced and made a part
thereof is incorporated heroin by reference and is made a part hereof as if fully copied herein.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the
Principal shall in all respects perform in accordance with the terms and conditions of the
Contract and its obligations thereunder at the times and in the manner prescribed in the
Contract, and shall indemnify and save harmless the County of Indian River as set forth in the
Contract and in the performance of the work under the Contract, and fUrther, If the Principal
shall promptly make payments to all claimants, as defined in Florida Statutes Section
256,05(1 )(2005) as amended from time to time, who supply him with labor, services, or
materials used directly or indirectly by the Principal in the prosecution of the Work provided for
In said Contract, then this obligation shall be null and void; otherwise, the Principal and Surety,
jointly and severally, agree to pay the County of Indian River any difference between the sum
that the County of Indian River may be obliged to pay for the completion of said Work, by
044572015
00610 - 1 A TRUE COPY
CERTIFICATION ON LAST PAGE
J.K. BARTON, CLERK
BK : 2137 PG : 1093
contract or otherwise, and any damages, whether direct, Indirect, or consequential, including
reasonable attorney's fees (including appellate proceedings), which the County of Indian River
may incur as a result of the failure of the Principal to properly execute all of the provisions of the
Contract.
AND, the sold Principal and Surety hereby further bind themselves, their successors, executors,
administrators and assigns, jointly and severally, that they will amply and fully protect the
County of Indian River against, and w it pay any and all losses, damages, expenses, costs and
attorney's fees which may be recovered against or which the County of Indian River may be
called upon to pay to any person or corporation by reason of any damage arising from the
performance of the said work, repair or maintenance thereof, or the manner of doing the same ,
or his agents or his servants, or the infringements of any patent rights by reason of the use of
any material furnished or work done, as aforesaid or otherwise.
AND, the said Surety, for value received, hereby agrees that no change, extension of time,
alteration or addltlon to the terns of the Contract or to the work to be performed thereunder, or
the Specifications or Drawings accompanying the same, shall in any way affect its obligations
on this Bond, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the Contract or to the Work or to the Specifications or Drawings. The
Surety agrees that the liquidated damages provisions of the Contract are expressly covered by
this Bond.
AND, the said Principal and Surety jointly and severally covenant and agree that this Bond will
remain in full force and effect for a period of one year commencing on the date of Substantial
Completion as established on the Certificate of Substantial Completion as issued by the County
of Indian River.
IN WITNESS WHEREOF, the above bound parties executed this instrument under their several
seals, this /4 day of ` Rv 20 oz, the name and corporate seal of
each corporate party being hereto Wax and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
f1HHMHVYiNNHMMMR11fM'RitIH/eRYHNf IRf1,VRh1R1VYHHHHUMrM:1HMIIR'MIYVMRIIH111Mf1Yi4iHlttMfHI,fOR
WHEN THE PRINCIPAL 13 A PARTNERSHIP:
Signed, sealed and delivered in the presence of:
Witness Name of Partnership
BY:
Address Partner
Printed Name of Partner
Witness
(SEAL)
Address
iHHMHNMWYeH VHRfM1Y VNtfIrVIrMRNHHfRHYHRRHHOIItR}Nf IrRfHfNiNMHRMtHHIN V fRRHMfMf Hf RN/Y
044572015
00610 - 2
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.K. BARTON, CLERK
BK : 2137 PG : 1094
WHEN THE PRINCIPAL IS A CORPORATION:
Att
e .
S . P . S . Contracting , Inc .
ecrbury., . Name ration
BY
(Affij r ,SEAL) f_ NIS rh
Alp I Printed Name
Official Title
Nf�/ffMMINNtf}Mff 11f11Iltlfk}1R}}Y}HYiHMYYYNH'MMY}NfNfIYY}IMMHHfHhhfMMf}h}t}Y}YH}YY}4f4 YHi1H
CERTIFICATE AS TO CORPORATE PRIN_ IPAL
1 Qf,RDPZ Y &,)1 #h certify that i am the Secretary of the corporation named as
Principal in the within bond; that &US who signed the said bond on
behalf of the Principal was then Vld-t lLE 6j zvrj r� of said corporation: that I know
his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed
and a ted for and on behalf of §aId corporation by authority of Its governing body. 1410n:MN,.
. N,4eaee
4z z 54
Secretary (SEAL)
TO BE EXECUTED BY CORPORATE SURETY:
Att
Fidelity & Deposit Company of Maryland
Secretary Corporate Surety
863 Creston Dr .
Maitland , FL 32751
Business Address
(Affix Corporate SEAL)
BY: _
- JohnHarris
Alto y-in-Fact
Coastal Bonding , Inc .
Name of Local Agency
11924 Forest Hill Blvd . , Suite 22-323
Wellington , FL 33414
Business Address
044572015
00610 - 3 A TRUE COPY
CERTIFICATION ON LAST PAGE
J .K. BARTON , CLERK
BK : 2137 PG : 1095
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me, a Notary Public, duly commissioned, qualified and acting, personalty appeared
John S . Harris to me wellcrjgwpiyq{tc� bg �jyeof ,t{{�ly sworn upon oath,
says that he is �tjg _erne%-ig-efp�teillr �F�an'€iP r' Yana end that he has been
authorized by o ary ana to execute the foregoing bond on behalf of the
CONTRACTOR named therein In favor o the County of Indian River, Florida. Subscribed and
sworn to before me this do 2092 _.
q zo ,O ota Public, Stateof'Floridi
0CP
My Commission Expires: � * -
i gr
M,,,r�ammo e • .
� ECTION "
044572016
00610 - 4 A TRUE COPY
CERTIFICATION ON LAST PAGE
J . K. BARTON, CLERK
f
BK : 2137 PG : 1096
SECTION 00612
Bond #08805732 PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS,
BYTHISBOND, We " S . P . S . Contracting , Inc . - 9015 Americana Rd . , Suite # 1
Vero Beach , FL 32966 C-;72�) 1�78- qpe
as Principal and "' Fidelity & Deposit Company of Maryland
863 Creston Dr . , Maitland , FL 32751 eyQ726a9 - /�6'-S
" INSERT NAME, PRINCIPAL BUSINESS ADDRESS, AND PHONE NUMBER OF 77fE CONTRACTOR
ASSERT NAME, P�RIINCIP�AQL BUSINESS ADDRESS, ANDPHONE
$NUMBER OF THE �
$" the sum of
` de T ,?y.frOyu T rarKP�g �O Uollers }n River,
9l2nda, �� amounting to
Seven un re x y- wo o ars - 275 7
100% of the total bid price. For the payment of said sum we bind ourselves, our heirs,
executors, administrators and assigns, iointly and severally, for the faithful performance of a
certain written Contract, dated the (o^ day of 1440" eq 2007, entered
into between the Principal and the County of Indian River, for.
Project Name: Force Main Construction for the West Wastewater
Transmission System, Phase 1
County Project Number: UCP-2628
County Bid Number: 2007028
CDBG Contract #: N/A
Project Location: Intersection of 82nd Avenue and 8th Street to Intersection of
58th Avenue and 5th Street SW
Project Description : Furnish all labor, equipment, and materials necessary to construct
approximately 24, 113-LF of 24-inch forcemain including, butnot
necessarily limited to, a total of 3489-LF horizontal directional drill
at seven (7) locations, all fittings, pipe, appurtenances, clearing ,
restoration, and all testing as shown on the drawings and as
depicted In these documents.
A copy of said Contract including all Contract Documents therein referenced and made a part
thereof is incorporated herein by reference and Is made a part hereof as If fully copied herein .
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the
Principal shall promptly make payments to all claimants, as defined below, then this obligation
shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following
terms and conditions:
1 . A claimant Is defined as any person supplying the Principal with labor, materials or
supplies, used directly or indirectly by the Principal in the prosecution of the Work
provided for in said Contract, and Is further defined in Florida 'Statutes Section
713.01 .
2, The provisions of Florida Statutes Section 255,05 together with all notice and time
provisions contained in Florida Statutes Section 256.06(2) shell apply to this Bond.
044572015
00612 - 1
A TRUE COPY
CERTIFICATION ON LAST PAGE
J . K. BARTON, CLERK
BK : 2137 PG : 1097
The Surety, for value received, hereby stipulates and agrees that no charge, extension of time,
alteration of or addition to the terms of the Contract or to the work to be performed thereunder
or to the Specifications applicable thereto, shall in any way affect its obligations on this Bond,
and the Surety hereby waives notice of any such change, extension of time, alterations of or
addition to the terms of the Contract, or to the work or to the Specifications.
The Surety represents and warrants to the County of Indian River that it has a Best's Key
Rating Guide, General Policyholder's rating of "A-VII ".
The Principal and Surety jointly and severally covenant and agree that this Bond will remain in
full force and effect for a period of one year commencing on the date of Substantial Completion
as established on the Certificate of Substantial Completion as issued by the County of Indian
River.
The Principal and Surety jointly and severally, agree to pay the County of Indian River all
losses, damages, expenses, costs, liquidated damages, and attorney's fees, including appellate
proceedings, that the County of Indlan River sustains because of a default by the Principal
under the Contract.
IN WITNESS WHEREOF, the above bound parties executed this instrument under their several
seals, this _/ day of FIBRvR,e� , 202Z, the name and corporate seal of
each corporate party being hereto affixed and these presents duty signed by its undersigned
representative, pursuant to authority of its governing body.
NI,}NRf V V#N1MV VMf V}}11M}IM}f Nf}YVfNVVlfyllflfMf}}1MiNlMMV VMMMN VT}NR,YMYfMMNf/IRVIIMMM}f#fMf
WHEN THE PRINCIPAL IS A PARTNERSHIP:
Signed, sealed and delivered in the presence of:
Witness Name of Partnership
BY:
Address Partner
Printed Name of Partner
Witness
(SEAL)
Address
NfM1'4MV4f1eMN11fIM/.N11`YV V V V VM1f,MfMNNffNNMM6II'RlfMff VNffN`kU VNN VfMHM##i4lYt1}MIVfIV1,1tRM!
044572015
00612 - 2
A TRUE COPY
CERTIFICATION ON LAST PAGE
J. K. BARTON, CLERK
BK : 2137 PG : 1098
WHEN THE PRINCIPAL IS A CORPORATION:
Attest: /
% S . P . S . Contracting , Inc .
(.Wary Name of Corporation
; a LY: �
x' ffix ee if (8jC SEAL) 0YNi S
r' �Printed Name
PS I a L1
Vier, [Y �—
official Title
♦MRirYiMYMMMMUhMMlMMhMR•hMfh 1MMrMiMIMMMM1111MMR1T�M�fAhAhiMMhlr+IMRMMMtH11M�wMM11M+w
044572015
00612 - 3 A TRUE COPY
CERTIFICATION ON LAST PAGE
J.K. BARTON, CLERK
I
BK : 2137 PG : 1099
CERTIFICATE AS TO CORPORATE PRINCIPAL
I CQ4d S��n �i/!i certify that I am the Secretary of the Corporation named as
Principal in the within bond; that AfniNl s .S' m , who signed the said bond on
H
behaof the Principal was then v Cf piS f)FNF- of said corporation: that I know
his signature, and his signature theretoisgenuine; and that said Bond was duly signed, sealed
nd a
asted for and on behaH Said rporetion by authority of its governing body.
Secretary rye/ (SEAL)
TO BE EXECUTED BY CORPORATE SURETY:
Attest:
Fidelity h Deposit Company of Maryland "
Secretary Corporate Surety
863 Creston Dr .
Maitland , FL 32751
Business Addre
Affix Corporate SEAL
BY:
Joho6' Harris
Attomey-In-Fact
Coastal Bonding , Inc .
Name of Local Agency
11924 Forest Hill Blvd . , Suite 22-323
Wellington , FL 33414
Business Address
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me, a Notary Public, duly oomn issioned, qualified and acting, personally appeared
John S . Harris
t}f}o aV in to mfoe ell who hems hW me first duly swom upon oath
,
�1IiT s -D'e�osii Mar 5 "D"eptlsYt (:ompan
says that he i ct r eo ar and Rand that he has been
authorized by o ary and ` to execute the foregoing bond on behalf of the
CONTRACTOR named therein in fav f the County of Indian River, Florida . Subscribed and
swom to before me this daft
g310N � /%
Q�c '' z°c� °fi .p Nolo ry Public, Stateof Flori a
My Commission Expires:
NM's SECTION
044572015
00612 - 4
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.K. BARTON, CLERK
I
BK : 2137 PG : 1100
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in
pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, w set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof d s nate, constitute and
appoint John S. HARRIS, of Wellington, Florida, its true and lawful tt -m- make, execute, sea]
and deliver, for, and on its behalf as surety, and as its act and o ngs, and the
execution of such bonds or undertakings in puts is o , s on said Company, as fully and
amply, to all intents and purposes, as if xe t ged by the regularly elected officers of
the Company at its office in Ba r5 v
0
The said Assistant ' re t set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By- ow in force.
IN WITNESS a said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corpomt ea of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 23rd day of February,
A.D. 2004.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
'gyp OtsOfri
T. E. Smith Assistant Secretary Paul C Rogers Vice President
State of Maryland1 ss:
City of Baltimore f
On this 23rd day of February, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have her-:unto set my hand and affixed my Official Seal the day and year fust above
written. +
0
Dennis R. Hayden Notary Public
My Commission Expires: February 1 , 2005
A TRUE COPY
CERTIFICATION ON LAST PAGE
J .K. BARTON , CLERK
POA-F 031 -0035
BK : 2137 PG : 1101
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attomeys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,. ..and to affix the seal of the Company thereto."
CERTIFICATE
1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed. "
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this day of ,
C/ I�iloHrrt-t:e'w "
Assislaxr Secretary
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS A
TRUE AND CORRECT COPY OF THE
ORIGINAL ON FILE IN THIS OFFICE.
...."Z6 K. BARTON, CLERK
�
NVpGV � W �
Ni BY
DEPUTY ,CLK1E, ,,R,
•.,\ ;•.•'' . DATE �a