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HomeMy Public PortalAboutCarter's Contracting Services Inc-Gil Ava Project4 658646A.GN I AGREEMENT THIS AGREEMENT is by and between Carter's Contracting Services, Inc. (Owner) and City of Crestview, FL (Contractor). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. WORK 1.1. Contractor shall complete the Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 1.1.1. Restoration of the Gil Ava Street drainage area south of Phillips Drive. 2. THE PROJECT 2.1. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2.1.1. Restoration of the Gil Ava Street drainage area south of Phillips Drive. 3. ENGINEER 3.1. The Project has been designed by CH2M HILL (Engineer), who is to act as Owner's representative, assume duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. 4. CONTRACT TIMES 4.1. Time of the Essence: Time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.2, Days to Achieve Substantial Completion and Final Payment: 4.2.1. The Work shall be substantially completed within 90 days from the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 120 days after the date when the Contract Times commence to run. PW/DEN001/658646 AGREEMENT FORM NOVEMBER 30, 2015 [DECEMBER 10, 2015] 00 52 13 - 1 ©COPYRIGHT 2015 CH2M HILL CONFORMED 658646A.GN 1 4.3. Liquidated Damages: 4.3.1. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph Contract Times above, plus any extensions thereof allowed in accordance with Article 11 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration 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 $ 1,000.00 for each day that expires after the time specified herein for Substantial Completion until the Work is substantially complete. 4.3.2. After Substantial Completion, if Contractor neglects, refuses, or fails to complete remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $1,000.00 for each day that expires after the time specified herein for completion and readiness for final payment until the Work is completed and ready for final payment. 5. CONTRACT PRICE 5.1. Owner will pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to the following: 5.1.1. Unit Prices: 5.1.1.1. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 10.06 of the General Conditions. Unit prices have been computed as provided in Paragraph 13.03 of the General Conditions. 5.1.1.2. For Unit Price Work, an amount equal to the sum of established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph: Item No. Description Estimated Quantity Unit Unit Price Estimated Price 1. Mobilization 1 LS $ 25,000.00 $ 25,000.00 2. Storm Sater Control 1 LS $ 17,000.00 $ 17,000.00 3. Site Preparation 1 LS $ 26,400.00 $ 26,400.00 AGREEMENT FORM 005213-2 CONFORMED PW/DEN001/658646 [DECEMBER 10, 2015] NOVEMBER 30, 2015 ©COPYRIGHT 2015 CH2M HILL 1 658646A.GN1 Item No. Description Estimated Quantity Unit Unit Price Estimated Price 4. Clearing and Grubbing 2.2 AC $ 2,500.00 $ 5,500.00 5. Earthwork - Cut 3,992 CY $ 3.00 $ 11,976.00 6. Earthwork - Onsite Backfill 3,992 CY $ 4.50 $ 17,964.00 7. Earthwork - Imported Fill 4,950 CY-VM $ 11.00 $ 54,450.00 8. Final Grading 2.2 AC $ 4,000.00 $ 8,800.00 9. 24" CMP 171 LF $ 63.52 $ 10,861.92 10. 48" CMP 258 LF $ 139.00 $ 35,862.00 11. 12" Area Drain 1 LS $ 3,000.00 $ 3,000.00 12. 48" Diam. Junction Structure (Type C Inlet w/ J Bottom) 1 LS $ 10,531.00 $ 10,531.00 13. Phillips St Type C Inlet 1 LS $ 3,385.00 $ 3,385.00 14. Guardrail 38 LF $ 165.00 $ 6,270.00 15. Overflow Spillway 1,800 SF $ 21,010.00 $ 21,010.00 16. Concrete Block Mat 10,000 SF $ 13.88 $138,800.00 17. Overflow Flume and Stilling Basin 1 LS $ 57,500.00 $ 57,500.00 18. Sheet Pile Retaining Wall 4,600 SF $ 46.50 $213,900.00 19. Concrete Cap and Gutter for Sheet Pile Retaining Wall 275 LF $ 185.00 $ 50,875.00 20. Riprap 675 CY $ 70.00 $ 47,250.00 21. Temporary Seeding 2.2 AC $ 600.00 $ 1,320.00 22. Sod 1.7 AC $ 24,200.00 $ 41,140.00 23. Permanent Seeding 0.23 AC $ 3,000.00 $ 690.00 24. 5' Chain Link Fencing attached to Retaining Wall 275 LF $ 8.00 $ 2,200.00 25. 5' Chain Link Fencing 800 LF $ 6.00 $ 4,800.00 26. 5' High x 10' Wide Chain Link Swing Gate 2 EA $ 500.00 $ 1,000.00 27. 48" Diam. Manhole 1 LS $ 10,531.00 $ 10,531.00 TOTAL OF ESTIMATED UNIT PRICES: $ 828,015.92 PW/DEN001/658646 NOVEMBER 30, 2015 [DECEMBER 10, 2015] ©COPYRIGHT 2015 CH2M HILL AGREEMENT FORM 005213-3 CONFORMED 1 658646A.GN1 6. PAYMENT PROCEDURES 6.1. Submittal and Processing of Payments: Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.2. Progress Payments and Retainage: Owner will make progress payments on account of the Contract Price on the basis of Contractor's Application for Payment on the date of each month as established in the preconstruction conference during performance of the Work as provided herein. All such payments will be measured by the Schedule of Values established as provided in Paragraph 2.05 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements. 6.2.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 15.01 of the General Conditions: 6.2.1.1. Until 50 percent completion of Contractor services, 10 percent of the progress payment will be withheld as retainage. The term "50 percent completion" is defined as the point at which the Owner or State has expended 50 percent of the total cost of the construction services purchased as identified in the Contract together with all costs associated with existing change orders and other additions or modifications to the construction services provided for in the Contract. 6.2.1.2. After 50 percent completion of the construction services, 5 percent retainage will be withheld from each subsequent progress payment. 6.2.1.3. After 50 percent completion of construction, the Contractor may elect to withhold retainage from payments to its subcontractors at a rate higher than 5 percent. The specific amount to be withheld must be determined on a case -by -case basis, and must be based on the Contractor's assessment of the subcontractor's past performance, the likelihood that such performance will continue, and the Contractor's ability to rely on other safeguards. The Contractor shall notify the subcontractor, in writing, of its determination to withhold more than 5 percent of the progress payment and the reasons for making the determination, and the Contractor may not make the request for the release of such retained funds from the Owner. AGREEMENT FORM PW/DEN001/658646 00 52 13 - 4 [DECEMBER 10, 2015] NOVEMBER 30, 2015 CONFORMED CCOPYRIGHT 2015 CH2M HILL 658646A.GN 1 6.2.1.4. After 50 percent completion of construction services, the Contractor may present a payment request for up to one-half of the withheld retainage. The Owner shall promptly make payment to the Contractor, unless they have grounds, as described elsewhere, for withholding the payment retainage. If the payment of retainage is made, and is attributable to services performed by subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. 6.2.2. In lieu of retainage, provisions may be made as provided in Florida Statutes 18-255.052 for depositing securities with Owner. 6.2.3. Upon Substantial Completion, Owner will pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer will determine in accordance with Paragraph 15.01.C.6 of the General Conditions and less 100 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.3. Final Payment: 6.3.1. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner will pay the remainder of the Contract Price as recommended by Engineer as provided in Paragraph 15.06. 7. CONTRACTOR'S REPRESENTATIONS 7.1. In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 7.1.1. Contractor has examined and carefully studied the Contract Documents. 7.1.2. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 7.1.3. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. PW/DEN001/658646 AGREEMENT FORM NOVEMBER 30, 2015 [DECEMBER 10, 2015] 00 52 13 - 5 ©COPYRIGHT 2015 CH2M HILL CONFORMED 658646A.GN I 7.1.4. Contractor has carefully studied: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) if any, which have been identified in Paragraph 5.03 of the Supplementary Conditions as containing reliable "technical data", and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site which have been identified in Paragraph 5.06 of the Supplementary Conditions as containing reliable "technical data." 7.1.5. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and Site -related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on 1) the cost, progress, and performance of the Work; 2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and 3) Contractor's safety precautions and programs. 7.1.6. Based on the information and observations referred to above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 7.1.7. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 7.1.8. Contractor has given Engineer written notice of conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 7.1.9. The Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for performance and furnishing of the Work. AGREEMENT FORM PW/DEN001/658646 00 52 13 - 6 [DECEMBER 10, 2015] NOVEMBER 30, 2015 CONFORMED ©COPYRIGHT 2015 CH2M HILL 658646A.GN 1 8. CONTRACT DOCUMENTS 8.1. Contents: 8.1.1. The Contract Documents that are attached to this Agreement (except as expressly noted otherwise) consist of the following: 8.1.1.1. This Agreement (pages 1 to 9, inclusive). 8.1.1.2. Performance bond (pages 1 to 4, inclusive). 8.1.1.3. Payment bond (pages 1 to 4, inclusive). 8.1.1.4. General Conditions (pages 1 to 52, inclusive). 8.1.1.5. Supplementary Conditions (pages 1 to 13, inclusive). 8.1.1.6. Specifications as listed in the table of contents of the Project Manual. 8.1.1.7. Drawings consisting of 14 sheets with each sheet bearing the following general title: "Gil Ava Street Drainage Restoration Project". 8.1.1.8. Addenda (numbers 1 to 2, inclusive). 8.1.2. Exhibits to this Agreement (enumerated as follows): 8.1.2.1. Contractor's Bid (pages 1 to 20, inclusive). 8.1.2.2. Documentation submitted by Contractor prior to Notice of Award (pages to , inclusive). 8.1.3. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: 8.1.3.1. Notice to Proceed (pages to , inclusive). 8.1.3.2. Work Change Directives. 8.1.3.3. Change Order(s). 8.2. There are no Contract Documents other than those listed above in this Article. 8.3. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 11.01 of the General Conditions. PW/DEN001/658646 AGREEMENT FORM NOVEMBER 30, 2015 [DECEMBER 10, 2015] 00 52 13 - 7 ©COPYRIGHT 2015 CH2M HILL CONFORMED 1 658646A.GN1 9. MISCELLANEOUS 9.1. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 9.2. Successors and Assigns: 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 to all covenants, agreements, and obligations contained in the Contract Documents. 9.3. Severability: Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.4. Assignment of Contract: 9.4.1. No assignment by a party hereto of any rights under or interests in the Contract shall be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment shall release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.5. Contractor's Certifications: 9.5.1. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this paragraph: 9.5.1.1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in Contract execution; 9.5.1.2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract Price at artificial noncompetitive levels, or (c) to deprive Owner of the benefits of free and open competition; 9.5.1.3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, noncompetitive levels; and AGREEMENT FORM PW/DEN001/658646 00 52 13 - 8 [DECEMBER 10, 2015] NOVEMBER 30, 2015 CONFORMED ©COPYRIGHT 2015 CH2M HILL 658646A.GNI 9.5.1.4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 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 on their behalf. This Agreement will be effective on , 20_ (which is the Effective Date of the Agreement). OWNER: City of Crestview, FL CONTRACTOR: Carter's Contracting Services, Inc. By: Oa V at,A. Title: By: Martha Carter Title: President [CORPORATE SEAL] [CORPORATE SEAL] Attest: Title: Address for giving notices: \go . N I ,S-lAtcf DuzA-04,0)) I 37-3-310 Attest: Title: Address for giving notices: License No. CUC057268 (If Owner is a corporation, attach evidence (Where applicable) of authority to sign. If Owner is a public body, attach evidence of authority to sign Agent for service or process: and resolution or other documents authorizing execution of this Agreement.) (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) END OF SECTION PW/DEN001/658646 AGREEMENT FORM NOVEMBER 30, 2015 [DECEMBER 10, 2015] 00 52 13 - 9 ©COPYRIGHT 2015 CH2M HILL CONFORMED 658646A.GN 1 PERFORMANCE BOND FORM Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Carter's Contracting Services, Inc. 23263 Harmony Church Road Andalusia, AL 36420 OWNER: City of Crestview, Florida 198 North Wilson Street Crestview, Florida 32536 CONTRACT SURETY (Name and Address of Principal Place of Business): Date: Amount: $828,015.92 Description: Gil Ava Street Drainage Restoration Project 2015 BOND Bond NurAber: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: Carter's Contracting Services, Inc. Signature: (Seal) Name and Title (Space is provided below for signatures of additional parties, if required.) P W/DEN001 /658646 SEPTEMBER 3, 2015 [DECEMBER 11, 2015] ©COPYRIGHT 2015 CH2M HILL SURETY Surety's Name and Corporate Seal (Seal) By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title PERFORMANCE BOND FORM 00 61 13.13 - 1 CONFORMED 1 658646A.GN1 CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title PERFORMANCE BOND FORM PW/DEN001/658646 00 61 13.13 - 2 [DECEMBER 11, 2015] SEPTEMBER 3, 2015 CONFORMED ©COPYRIGHT 2015 CH2M HILL 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 2. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 3.2. Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3.1; and 3.3. Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions: 4.1. Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or PW/DEN001/658646 SEPTEMBER 3, 2015 [DECEMBER 11, 2015] ©COPYRIGHT 2015 CH2M HILL 658646A.GN 1 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 6. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To a limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract; PERFORMANCE BOND FORM 00 61 13.13 - 3 CONFORMED 658646A.GN 1 6.2. Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance of Contractor. 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a*defense in the jurisdiction of the suit shall be applicable. 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1. Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 12.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORMATION ONLY — Name, Address and Telephone Surety Agency or Broker Owner's Representative (engineer or other party) PERFORMANCE BOND FORM 00 61 13.13 - 4 CONFORMED END OF SECTION PW/DEN001/658646 [DECEMBER 11, 2015] SEPTEMBER 3, 2015 CCOPYRIGHT 2015.CH2M HILL 658646A.GN 1 PAYMENT BOND FORM Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Carter's Contracting Services, Inc. 23263 Harmony Church Road Andalusia, AL 36420 OWNER: City of Crestview, Florida 198 North Wilson Street Crestview, Florida 32536 CONTRACT SURETY (Name and Address of Principal Place of Business): Date: Amount: $828,015.92 Description Gil Ava Street Drainage Restoration Project 2015 BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: Carter's Contracting Services, Inc. Signature: (Seal) Name and Title (Space is provided below for signatures of additional parties, if required.) PW/DEN001/658646 SEPTEMBER 3, 2015 [DECEMBER 11, 2015] ©COPYRIGHT 2015 CH2M HILL SURETY Surety's Name and Corporate Seal (Seal) By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title PAYMENT BOND FORM 00 61 13.16 - 1 CONFORMED 658646A.GN1 CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title PAYMENT BOND FORM PW/DEN001/658646 00 61 13.16 - 2 DECEMBER 11, 2015] SEPTEMBER 3, 2015 CONFORMED ©COPYRIGHT 2015 CH2M HILL 1 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and PW/DEN001/658646 SEPTEMBER 3, 2015 [DECEMBER 11, 2015] ©COPYRIGHT 2015 CH2M HILL 658646A.GN1 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. Reserved. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. PAYMENT BOND FORM 00 61 13.16 - 3 CONFORMED 658646A.GN 1 1 I. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions: 15.1. Claimant: An individual or entity having a direct contract with Contractor, or with a first -tier subcontractor of Contractor, to fumish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORMATION ONLY — Name, Address and Telephone Surety Agency or Broker: Owner's Representative (engineer or other party): PAYMENT BOND FORM 00 61 13.16 - 4 CONFORMED END OF SECTION P W/D EN001 /65 8646 [DECEMBER 11, 2015] SEPTEMBER 3, 2015 ©COPYRIGHT 2015 CH2M HILL cliam• Mr. Austin Carter Project Manager Carter's Contracting Services, Inc. 23263 Harmony Church Rd. Andalusia, AL 36421 January 4, 2015 Subject: Notice To Proceed Gil Ava Street Drainage Restoration Project 2015 — Notice to Proceed CH2M Project Number 658646.02 CH2M 3S) Vt.,Vi41,Z h:J7 **V, Dear Mr. Carter, This letter is to give Carter's Contracting Services, Inc. Notice to Proceed (NTP) with a Contract start date of January 4, 2016 in accordance with the Agreement dated December 21, 2015. In accordance with the Agreement, completion dates based on the NTP date are as follows: • Substantial Completion (90 days) —April 2, 2016 • Final Completion (120 days)* May 2, 2016 If you have any questions, please do not hesitate to contact me at 850-941-7276. CH2M HILL William J. Klaus, P.E. Project Manager c: Wayne Steele/City Fred Cook/City Sandy Means/NRCS LEGAL ENTITY (IF APPLICABLE)