HomeMy WebLinkAbout2007-393 7C.
SECTION 00530 - EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT ("Agreement" or "Contract" ) , dated the 2e day of November in the year
2007 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 . The work is generally described as follows:
A. CONTRACTOR shall complete all work as specified or indicated in the Contract
Documents. The work is generally described as follows which shall include, but is
not necessarily limited to the following .
Construction of approximately 660 LF of 6" PVC water main , 410 LF of 2 " PE
water main , 1 Fire Hydrant Assembly and 18 water services on 61st Avenue north
of 41 " Street in Indian River County, FL. Construction consists of, but is not
limited to, utilities exploration , coordination with any permitting agencies,
trenching , dewatering , installation of pipe with fittings and all appurtenances ,
restrainers, soil compaction , disinfection , testing (includes providing temporary
jumper or another approved method for filling , disinfection and flushing ) ,
sampling and bacteriological testing , irrigation repair, private property
replacement or repair, franchise utility repair and traffic control . PVC pipe shall
be C-900 per Indian River County Utility Standards and Specifications .
ARTICLE 2 ENGINEER
The project has been designed by Gordon E . Sparks, 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 15 calendar days from effective date of Notice to Proceed , Contractor
shall complete the following tasks :
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1 . Obtain all necessary permits.
2. Receive approved shop drawings for all materials and equipment to be
utilized in the job.
3 . Perform all photographic recording and documentation of conditions prior
to construction .
4 . Locate all existing utilities in the area of work .
5 . Mobilize all labor, equipment, and materials.
6 . Deliver and store all equipment and materials to the job site.
7 . Notify all utilities and other affected parties prior to initiating construction .
(b) From 16 calendar days to 45 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 .
(b) From 46 calendar days to 60 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.
Completion of all tasks outlined above ( i . e. , Subparagraphs a, b, and c) 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 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. 1 for completion and
readiness for final payment.
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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 $ 46 . 71 (o4 DO
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 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.
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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.
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,
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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.
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 Payment Bonds (Sections 00610 and 00612) .
8. 3 Notice of Award and Notice to Proceed (examples in Section 00800).
8.4 General Conditions (Section 00700).
8. 5 Supplementary Conditions (Section 00800) .
8. 6 Specifications bearing the title "Meadowlark Woods Subdivision Water Assessment
ProiecY' as listed in the table of contents hereof.
8.7 Drawings , inclusive with each sheet bearing the following general title "Meadowlark Woods
Subdivision Water Assessment ProiecY'.
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8 . 8 Addenda numbers to inclusive.
8. 9 CONTRACTOR'S Bid (Section 00300) .
8. 10 Specifications bearing the title "IRCDUS Water and Wastewater Utility Standards , July
200751, or the latest version thereof.
8. 11 The following , which may be delivered or issued after the effective date of the Agreement
and are not attached hereto: All written amendments and other documents amending ,
modifying , or supplementing the Contract Documents pursuant to Paragraphs 3 .04 of the
General Conditions.
There are no Contract Documents other than those listed above in this Article 8. The Contract
Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of
the General Conditions.
ARTICLE 9 MISCELLANEOUS
9. 1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
have the meanings indicated in the General Conditions.
9.2 It is agreed that the CONTRACTOR shall not assign , transfer, convey, or otherwise
dispose of the contract or its right, title, or interest in or to the same or any part thereof, or
allow legal action to be brought in its name for the benefit of others, without previous
consent of the OWNER and concurred to by the sureties. Any attempted assignment shall
be void and may, at the option of the OWNER be deemed an event of default hereunder.
Nothing herein shall be construed as creating any personal liability on the part of any
officer or agent of the OWNER who may be a party hereto.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants , agreements and obligations contained in the
Contract Documents.
9 .4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are
involved in the completion of this Agreement and the work thereunder.
9.5 This Agreement shall be governed by the laws of the State of Florida. Venue for any
lawsuit brought by either party against the other party or otherwise arising out of this
agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction ,
in the United States District Court for the Southern District of Florida .
9 .6 CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its
agents, engineers, employees, elected officers and representatives, from liabilities,
damages, losses , and costs, including but not limited to, reasonable attorney's fees, to
the extent caused by the negligence, recklessness or intentional wrongful misconduct of
the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the
performance of the work under this Agreement. This indemnification and hold harmless
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provision shall survive the termination or expiration of this Agreement . The
indemnification is limited to $5 million per occurrence.
9 .7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a
guarantor of payment or surety for any Agreement, debt , obligation , judgment, lien or
any form of indebtedness. The CONTRACTOR further warrants and represents that it
has no obligation of indebtedness that would impair its ability to fulfill the terms of this
Agreement .
9. 8. Counterparts. This Agreement may be executed in one or more counterparts, but all
such counterparts, when duly executed , shall constitute one and the same Agreement.
9 . 9 . Public Records. The OWNER and the CONTRACTOR shall comply with the provisions
of Chapter 119 , Florida Statutes ( Public Records Law) in connection with this
Agreement.
(Remainder of This Page Intentionally Left Blank)
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IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement the day
and year first written above.
This Agreement will be effective on N oVEMBEK 20 12001
OWNER CONTRA R
Indian River County IhG
Board of Count I Commsio ers
air ,By V/, /(,N —
{;Sandra L Bowden, Chairman
(CORPORATE SEAL) ,
Attes4lly a U )
Attest. t
J . K. Barton , Clerk of the Circuit ourt u
By: N`tlz—�
Deputy Clerk ��
Approved By: n(�
tseph A aird , County Administrator
roved as to Form and Legal Sufficiency:
ounty Attorney
Address for giving notices Address for giving notices
1801 27th Street 13 ion SCJ /® r,j Dry le- Niq`jc✓ ay
Vero Beach , Florida 32960 Vero Bea c h FL 3 296 Z
License No . C6C 052940
Agent for service of process:
END OF SECTION
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1890735
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF PUBLIC WORKS BOND30 �d � �'� �� � ��
INDIAN RIVER COUNTY FL F.
BK: 2226 PG : 2064, Pagel of 10 -ate til , CONTRACT PRIG
12/11/2007 at 11 :51 AM,
JEFFREY K BARTON, CLERK OF
COURT
THIS IS THE FRONT PAGE OF THIS PERFORMANCE AND PAYMENT BOND
ISSUED IN COMPLIANCE WITH CHAPTER ,255.05 FLORIDA STATUTES.
BOND NO. 534420P
CONTRACTOR NAME: Timothy Rose Contracting , Inc .
CONTRACTOR ADDRESS: 1360 O d Dixie Hwy SW
Vero beach , FL .329152
CONTRACTOR PHONE NO. 4 - 7800
SURETY COMPANY: Developers Surety and Indemnity Company
150 South Pine _Island Road , Ste 510
OWNER NAME: Plantation , FL 33324 954 - 693 - 0270
OWNER ADDRESS: Board of County Commissioners Indian
River County
Street , Vero Beac , FL 32960
OWNER PHONE NO. (1721-- 567 - 8000
OBLIGEE NAME :(If contracting entity
is different from the owner, the contracting public
entity)
OBLIGEE ADDRESS:
OBLIGEE PHONE NO. ( )
BOND AMOUNT : $ 4 6 r 71 6 . 0 0
CONTRACT NO. (If Applicable)
DESCRIPTION OF WORK: Meadowlark Woods Subdision Water
PROJECT LOCATION : Vero Beach , FL
LEGAL DESCRIPTION:
FRONTPAGE
(ALL OTHER BOND PAGES ARE DEEMED SUBSEQUENT TO THIS PAGE REGARDLESS OF ANY
PAGE NUMBERS THAT MAY BE PRE-PRINTED THEREON)
Bond : 534420P
SECTION 00610 - Performance Bond
KNOW ALL MEN BY THESE PRESENTS:
BYTHISBOND, We Timothy Rose Contracting , Inc .
Principal, and Deve opers Surety and Indemnity Company as
a corporation, as surety, are held and firmly bound unto the County of Indian River, Florida, in
the sum ofForty Six Thousand Seven Hundred Sixteen Dollars
($ 4 6 . 716 . 00 ), amounting to 100 of Etre 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 20 day of
Ale v &W 'L� 200 entered into between the Principal and the County of Indian River, for,
Project Name; Meadowlark Woods Subdivision Water Assessment Project
County Project Number; UCP-2324
Project Address: 61 st Avenue north of 41 "4 Street
Project Description: Residenkial Water Distribution
A copy of said Contract 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 in all respects comply with the terms and conditions of said Contract and its
obligations hereunder, including all of the Contract Documents therein referred to and made a
part thereof, and such alterations as may, be made in the Contract Drawings and Specifications
as therein provided for, 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 who supply him with labor and/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 contract or
otherwise, and any damages, whether direct, indirect, or consequential , including reasonable
attorney's fees (including appellate proceedings) and Liquidated Damages, 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 said 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 will pay any and all amounts, damages, costs and
judgments 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 stipulates and agrees that no change ,
extension of time, alteration or addition to the terms of the Contract or to the work to be
performed hereunder, 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 terns of the Contract or to the Work or to the
Specifications or Drawings .
F�W00610 . 1 00810 • Performance Bond.doc
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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 t5iis instrument under their several
seals, this 26 day of Novmber 20 0 , the name and corporate seal of
each corporate party being hereto affixed and these presents duly signed by its undersigned
representative, pursuant to authority of Its governing body.
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EN WPRIN91PAL is AN INDIVIDUAL:
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Witness Sgnature of Individual
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WHEN THE PRINCIPAL ISA $OLE PRaPRtETOjtSHIP OR
NAME: OPERATES WNDER A TRADE
Signed , sealed and delivered in the presence of;
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Witness Name of Partnership
Address BY:
I Printed Name of Partner
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Witness
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WHEN THE PRINCIPAL IS A PARTNERSHIP;
Signed , sealed and delivered in the presence of:
Witness Name of Partnership
Address BY,
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Printed Name of Partner
Witness
( SEAT.)
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WHENTHE PRINCIPALORPO TION:
vAttest,
Timothy Rose Contracting , Inc .
N
BY:
(Affix Corporate SEAL)
Timothy Rose
Printed Name
rI �?b• °f President
/ " ' - Official Title
CERTIFICATE AS TO CORPORATE PRINCIPAL
rr4anil Y that a he Secretary that a he Secretaration named of the cor as
Pnnclpal in the within bond; tli d
behalf of the Principal was th n who signed th9 : td bond on .
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said corporation: that I know
his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed -
and attested fore ame�nd on behalf of Said corporation by authority of Its governing body '
Secretary
(SEAL) V ,o
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TO BE EXECUTED BY CORPORATE SURETY: � p,✓� '
PPP
Developers Surety and Indemnit CIIto
i n Corporate Surety Y
00510 • Performance eond.doc
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150 South Pine Island Road , Ste
PlWation , 3324
(Affix Corporate SEALBY
Robert Barra
Attorney-In-Fact
Bob Barra Bonds , Inc . i 1
Name of Local Agency 1100,, Q 1-j
9373 West Sample Road , Std -
Business
td '28
Business Address
Coral Springs , FL 33065 �j9 '_ � �� '�"`;'
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me, a Notary Public, duly commissioned , qualified and acting, personally appeared
Robert Barra to me well known who bei r bry r re firsAguly sworn upon oath,
says that he is the attomey.in-fact for theDe e o rs nan0 a and that he has been
authorized by Attached Power of cute the foregoing bond on behalf of the
CONTRACTOR named therein in favor of the County of Indian River, F�jda. Subscribed and
Sworn to before me this 26 day of November 20 _
No Public, f to '
My Commission Ex i UZd CK
p MY Co&%t
" END OF SECTION
0061 - Performance Sond.doc
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534420P
SECTION 00612 - Payment Bond
KNOW ALL MEN BY THESE PRESENTS:
BY THIS BONE) , we Timothy _Rose Contracting Inc a5 Principal, and
* * , a corporation, as Surety, are held and firmly bound unto the County of Indian River, Florida , in
the sum of 4r SixBeTboousand : Seven HundredDollar5 $4 6 r 71 60
100% of the o C Id price, or the payment of said sum we bind ourselves, our theto
irs,
executors, administrators and assigns, jointly and severally, for the faithful performance of a
certain written Contract, dated the .?o day of . 6 j11Ih1R er 2011, entered into
between the Principal and the County of .Indian River, for;
* * Developers Surety and Indemnity Company
Project Name: Meadowlark Woods Subdivision Water Assessment Project
County Project Number: CP-2324
Project Address: 61$Avenue north of 41st Street
Project Description: Residential! Water Olstribution _
A copy of said Contract is incorporated hetein 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 herein below defined, 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, material or
supplies, used directly or indirectly by the Principal or any subcontractor in the
Prosecution of the Work provided for in said Contract, and is further defined In
Section 713.01 of the Florida Statutes,
2. The provisions of Section 255. 05 Florida Statute together with all notice and time
Provisions contained herein shall apply.
The above named Principal and Surety hereby jointly and severally agree with the County of
Indian River that every Claimant as herein defined , who has not been paid in full before the
expiration of a period of ninety (90) days after performanco of the labor or after complete
delivery of materials and supplies by such claimant, may sus on this Bond for the use of such
claimant, prosecute the suit to finaljudgment for such sums or sums as may be justly due
claimant, and have execution thereon . :The County of Indian River shall not be liable for the
Payment of any Costs or expenses of any such suit.
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 Jany such change, extension of time, alterations or 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
00612 - 1 00612 - Payment eond.dac
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eea -
established on the Certificate of Subs
River, tahtial Completion as issued by the County of Indian
River,
The Principal and Surety and
losses, damages, expenses , costs, liquidated I amages, anree to d attorney'sthe ofees , nciudin Indian of a Iver all
llate
Proceedings, that the County of Indian River sustains because of a default by the Principal
under the Contract.
IN WITNESS WHEREOF, the above bound parties executed q is instrument under their several
seals, this 26 day of November _ _ 2Q 07 the name and corporate seal of
each corporate party being hereto affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
iVTtR4***k4k4pppYM*p*ppRYppfY;phYM ** 4V4f1f4YpfYYRYMpwwYppf**4**444tp14ppap*Rk444fkVppYMpRYWYY4M4YkffpfRYp**
WWEN 7NE PRINCIPAL IS AN INDIVIDUAL;
I
Signed, sealed and delivered in the presenee of:
Witness Signature of individual
Address Printed Name of Individual
Witness
Address
MfffakM444*fwpYYYYpp**Y ViVVpp**N444A4 I
pppRYpp4pppY*ppYppYYk*pk*k44ppppppYpppppppykfffpffffVMp*pwwpfefVYpppY
WHEN THE PRipiripAi 1$ A SO PROPRIETORSHIP OR OPRRATES UNDER A TRADE.
NAME :
Signed, seated and delivered in the presence of:
i
Witness Name of Partnership
address BY:
Printed Name of Partner
Witness
(SEAL)
Address
Y
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WHEN Tk1E PRINGIPAL IS n PARTNERSHIP;
Signed, sealed and delivered in the presence of:
Witness Name of Partnership
Address BY:
Partner
Printed Name of Partner
Witness
(SEAL)
Address
*k*f*iwRwMwhwFFFxrxYwxwwwfMflffwfittN A4 *i*xNlikiA}hwYFFMFFMAFF*FMFFFAkkki*wwwwwfRlftf fffMfwMNlkw*fwff
WHEN THE PRINCIPAL IS A CORPORATION;
Attest;
Timothy Rose Contracting , Inc ,
nt?yS Name of
M
BY, ;
(Affix C�gt orate ,SEAL) !/!/
�3 Timothy Rose
Printed Name
President
Official Title
CERTIFICATE AS TO CORPORATE PRINCIPAL
+7ify th t I arr� the Secretary of the corporation named as
Pnncipal in the within bond; t t who Signed the said bond on
behalf of the Principal was then of said corporation: that I know
his signature, and his signature er )to is genuine; and that said Bond was duly signed, sealed
and attested for and on behalt of Said corporation by authority of Its governing body.
Secretary (SEAL) `
TO BE EXECLiTEp BY CORPORATE SURETY: rf
T
M1: :
Developers Surety and Indemnity Comr `
.iAO 4!T
r
i Corporate Surety `
f
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PBoM
150 South Pine Island Road , Ste 510
P1 n ion , F 33324
Busi a dres
(Affix Corporate SEAL)
BY:
o er arra —
Robert_ Barra
F
Attorneyln-Fact .. f
Bob Barra Bonds , Inc . ' ' } £ ,
Name of Local Agency ro
; • . o
9373 West Sample Road ,
Business Address 30 . , „"� ��.
STATE OF FLORIDA
Coral Springs , FL 33065
COUNTY OF INDIAN RIVER �.
p
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
Robert Barra , to me well known , who being by me first duly sworn upon oath,
Says that he is the att0rr�a1[-in-fact for th Developers Surety an°and that he has been
authorized by AttactieZ! power o '
CONTRALTO named t erein in favor of the County Indian River, ng bond on Florida, Subscribed ahalf of nd
sworn to before me this 26 day of NoViember 2007
GLORIA o lic, S Flor'
Ml COMMISSION r DID 7t9B6q
My Commission Expires: EXPIRES titan 26 2009
Tlxu Nna,�P nu xJ,waw
END OF SECTION
00812 - Payment eWd,doc
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PAYmRtl9UTIVWRrm WE
534420P
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that as except as expresslyfimtted, DEVELOPERS SURETY AND INDEMNITY COMPANY, do each, hereby make, constitute and
appoint:
* * * Robert Barra * * *
as their true and lawful Adomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts
Of suretyship giving and granting unto said Attorneys)-Io-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection
therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-
Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS
SURETY AND INDEMNITY COMPANY, effective as of November 5, 2007
RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute
Powers of Attorney. qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and
that the Secretary a arty Assistant Secretary of the mr )orafiorrs be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and
any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in file future vdth respect to
any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY have severally caused these presents to be signed by their respective Vice President and
attested by their respective Assistant Secretary Ihis November 5, 20D7
Stephen 1 . Pate, Senior Vice President t�,.AND,7NOF''e,
i gJrr aPPORq f•. g.%y
By' o `•t 1936 f3or...
Charles L. Day, Assistant Secretary
STATE OF CALIFORNIA
COUNTY OF ORANGE j -.k" J n{'- - • -
On November 5, 2007 , before me, Christopher J. Roach, Notary Public, personally appeared Stephen T. Pate and Charles L. Day, personalty knnppwvmn ib�p� l��� or/ pfoved
to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and ackrwwledged to me that hPJvStrPJpley6-MiR[ay�
_
same in hislherttheir authorized capacity(ies), and that by hislheltheir signature(s) on the instrument the person(s), or the entity upon be of which the erson s , "
executed the instrument P ( ygcted
s
WITNESS my hand and official seal.
Signature ( /er=r= -�' '�' ��<ur CHRt6'fOPF1ERJ. PAMCH
Christopher J. Rr cfl (SEAL) MM # 1746939
NWAFfYPUSlJCC FORN1iA ,
ORANWCOUNITY
aomlar. exploft MW 19. 21111
CERTIFICATE
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attorneyremains in full force and has
M been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the
Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, the 2 6day of November 2007
ey
'Albert Hillebrend, Assistant Secretary
ID-1438(Wet)(Rev.10/11 )
ACORD CERTIFICATE OF LIABILITY INSURANCE CSR TJ DATE IMWDDIYYYYI
TIMOR-1 11 /26 / 07
PROWLER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Stuart Insurance , Inc . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3070 S W Mapp ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Palm City FL 34990
Phone : 772 -286 -4334 Fax : 772 -286 - 9389 INSURERS AFFORDING COVERAGE NAIL *
NSURED
INSURER A. North Pointe IRS CO
Timothy Rose INSURER B'. crus [ Poster Insurance Co .
Contracting , Inc .
fi Haulin Trash Inc . INSURER BridReTield Employers Ina . Co .
1360 Old Dixie Hwy SW I INSURER D:
Vero Beach FL 32962
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTAATHSTANDING
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE IMI DATE (MWDDNYj LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1 r 000 r OOO
A X X COMMERCIAL GENERAL LIABILITY 72240996 06 / 06 / 07 06/06/ 08 PREMISES (Ea Dccurenos) $ 1007000
CLAIMS MADE [XX] OCCUR MED EXP (Any one person) E 5 r OOO
PERSONAL B AOV INJURY $ 11000 , 000
'10 DAYS NOTICE NON-PAY GENERAL AGGREGATE E 21000 r OOO
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP(OP AGO $ 2 , DDDrDDD
POLICY PRO-JECT LOG
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $ 1 r OOO r OOO
B X ANY AUTO 1337237154 06 / 06 /07 06 / 06 / 08 (Ea accident)
I ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS
BODILY INJURY $
X NON-OWNEDAUTOS *10 DAYS NOTICE NON-PAY (Per accident)
PROPERTY DAMAGE $
(Per acmdent)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO
OTHER THAN EA ACC S
AUTO ONLY. AGO $
EXCESSIUMBRELLA LIABILITY _ EACH OCCURRENCE 521000 , QQQ
A X OCCUR CLAIMS MADE 2094107913 -02 06 / 06/07 06 /06 / 08 AGGREGATE E 21 OOO r OQQ
* 10 DAYS s
DEDUCTIBLE NOTICE s
RETENTION s NON PAY $
WORKERS COMPENSATION AND XTORY WCbIAIT
C, S ER
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIEXECUTIVE 0830 28562 02 / 01 / 07 02 / 01 / 08 E.L. EACH ACCIDENT $ 1000000
OFFICERIMEM BER EXCLUDED? *10 DAYS NOTICE NON-PAY E.L. DISEASE - EA EMPLOYEE $ 1000000
S es. desPECIAL PROVISIONS
under Del
SPVISIONS Ow E DISEASE - POLICY LIMIT 1 $ 1000000
OTHER
A 2094099607 06 /06 / 07 06 /06 / 08 1 Rented 50 , 000
*10 DAYS NOTICE HON-PAY IEquipment 5 % DED
DESCRIPTION OF OPERATIONS l LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Grading of Land/ Site Prep - State of Florida RE : Job 2008014 , Meadowlark
Woods Subdivision * Indian River County is additional insured for general
liability * 10 day notice cancellation for non-pay
CERTIFICATE HOLDER CANCELLATION
INDIR-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Indian River County
Contactors Licensing IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR
1840 25th Street REPRESENTAo f YT
Vero Beach FL 32960
ACORD 25 (2001/08( ( ACURD CURPURATIUN 7888
INDIAN RIVER COUNTY
DEPARTMENT OF GENERAL SERVICES
PURCHASING DIVISION APPROVED BY
DATE : November 5, 2007 NOV 2 0 2007
TO : BOARD OF COUNTY-COMMISSIONERS - — BOARD OF COUNTY
COMMISSION
THROUGH : Joseph A. Baird, County Administrator
Thomas Fra e, �c
, General Serviccees Director
1 \ . /
Erik Olson, Utr toes Department, Director
FROM : Jerry Davis, Purchasing Manager
PREPARED BY: Karyn Bryant, Staff Assistant, Purchasing Division
SUBJECT: Approval of Bid Award and Sample Agreement for IRC Bid # 2008014
Meadowlark Woods Water Assessment Project
Utilities Department
BACKGROUND :
The Utilities Department has requested bids for the construction of approximately 660 linear feet
of 6-inch PVC water main, one ( 1 ) fire hydrant assembly, and eighteen ( 18) water services on
61 ' Avenue north of 41 " Street in the Meadowlark Woods Subdivision.
The bid results are as follows:
Bid Opening Date: October 24, 2007 at 2: 00 pm
Advertising Date : September 26, 2007
DernandStar Broadcast to : Three Hundred Sixty Six vendors
Specification's requested by : Fifteen vendors
Replies : Four vendors
BID TABULATION :
Vendor Amount
1 . Timothy Rose Contracting, Inc., Vero Beach, FL $46,716 . 00
2. Zibeco Corp., Okeechobee, FL $487360 .00*
3 . RK Contractors, Ft. Pierce, FL $61 , 860. 00
4. Sitewerks, Inc., Vero Beach, FL $ 111 ,427. 83
*Reflects corrected bid amount (correction due to a mathematical error by the contractor)
F Tarchasing`dlids\2007-2008 FY (2008000) 2008014 Meadowlark Woods Water Assessnaant (Re-bid)`2008014 Agenda w Contract.doc
a
ESTIMATED BUDGET: $ 48, 000. 00
TOTAL AMOUNT OF BID : $ 46, 716. 00
SOURCE OF FUNDS : 473- 169000-07524
Utility Assessment — Meadowlark Woods Water Assessment
RECOMMENDATION:
Staff recommends that the bid be awarded to Timothy Rose Contractine. Inc. as the lowest most
responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid.
In addition, staff requests the Board of County Commissioners approval of the attached sample
agreement and authorization for the Chairman to execute said agreement when required
performance and payment bonds have been submitted along with appropriate certificate of
insurance and the County Attorney has approved the agreement as to form and legal sufficiency.
NOTE: Timothy Rose Contracting, Inc. is a Florida Corporation and is an American company.
(Also an Indian River County firm)
ATTACHMENTS :
Recommendation Memo from Utilities Department
Bid Tabulation
Bid Form
Florida Division of Corporations printout
Sample Agreement
APPROVED AGENDA ITEM :
Indian River Co A #DatAdminBY: LegalJo e A. Ba d, County Administrator Bud etF :
�rtJo JOr� 7 Department Risk Mana e
F:\Ptrrcbasing\Bids\2007-2008 FY (2008000)M08014 Meadowlark Woods Water Assessmant (Re-bid)\2008014 Agenda w Contract.doc