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HomeMy Public PortalAboutTetra Tech Water System Improvements Part IITETRA TECH Via E-mail January 24, 2013 200-08540-12001 Rick Evans Evans Contracting, Inc. 289 Nowak Rd Cantonment, Florida 32533 850.968.1957 (Phone) Subject: City of Crestview Water System Improvements Part II — Old Bethel Road Water Main Notice of Award Dear Mr. Evans: This letter is to advise you the City of Crestview has awarded Evans Contracting, Inc. the Contract for the referenced project in the amount of $428, 830.00. Attached are six (6) sets of Contract Documents, which we ask you execute as follows: 1. Standard Agreement — Section 000500 2. Performance Bond — Section 000610 3. Payment Bond — Section 000620 4. Notice of Award — Section 000841 Please return the executed Contract Documents with the required Certificate of Insurance, Schedule of Values, Project Schedule, and Initial Submittal List to the City of Crestview within ten (10) calendar days from January 24, 2013. Upon receipt of this information from you we will schedule a pre -construction meeting and issue the Notice to Proceed. Thank you for your assistance with this information and we look forward to beginning a successful project with your company. Should you have questions or need additional information, please call. Sincerely, Michael B. Bomar, PE Vice President Cc: Fred Cook, PE, City of Crestview Tetra Tech, Inc 12815 Emerald Coast Parkway, Suite 110, Destin, FL 32550 Tel: 850.837.9278 H:1 850.837 7269 www.tetratech com SECTION 00500 AGREEMENT THIS AGREEMENT made and entered into this day of 01-6 Lf 2013, by and between the CITY OF CRESTVIEW, FLORIDA, a municipality organized and kxisting under the laws of the State of Florida, hereinafter called the Owner, and Evans Contracting Inc._ hereinafter called Contractor; WITNESSETH: Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE I - SCOPE OF WORK Contractor shall complete all work as specified or indicated in the Contract Documents. The Work is generally described as follows: Part II - OLD BETHEL ROAD WATER MAIN All work for the Project shall be constructed in accordance with the Drawings and Specifications prepared by Tetra Tech and the proposed improvements will be awarded and constructed, if award is made, under one Contract. Bids shall be submitted for furnishing, delivering, and installing all materials, equipment and services, including labor, for the Work described. Part II — Old Bethel Road Water Main - The intent of the project is for the City of Crestview to expand the water system. The project generally includes furnishing all labor, materials, equipment, restoration and incidentals for construction of approximately 7,000 LF of 10-inch PVC water main, directly drill of approximately 1,200 LF of 12-inch HDPE and approximately 250 LF of 8-inch HDPE water main, and related facilities and miscellaneous appurtenances are also included. ARTICLE II - ENGINEER The Engineer, Tetra Tech, whose address is 12815 Emerald Coast Parkway, Suite 110, Destin, FL 32550, hereinafter referred to as Engineer and who will assume all duties and responsibilities and will have the rights and authority assigned to the Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE III - CONTRACT TIME 3.1- The Work will be substantially completed within 210 days after the date when the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 240 days after the date when the Contract Time commences to run. MAD/s1m/specs/s-1/00500 Part II Agreement Tt #200-08540-12001 00500-1 022712 3.2 Damages for Delay. Owner and Contractor recognize that TIME IS OF THE ESSENCE in this Agreement and that the Owner will suffer financial loss if the Work is not completed within the time specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. 3.2.1 Uniqueness of the Work. The Owner and the Contractor expressly acknowledge the unique characteristics of the Work, which cause time to be of the essence in this contract. 3.2.2 Liquidated Damages. Owner and Contractor recognize that TIME IS OF THE ESSENCE in this Agreement and that Owner will suffer financial loss if the work is not substantially complete in the time specified in Paragraph 3.1 above. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the Owner if the Work is not substantially complete 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 (One Thousand Dollars) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion until the Work is substantially complete, and that the liquidated damages set forth herein bear a reasonable relationship to the estimated actual damages that the Owner would suffer. ARTICLE IV - CONTRACT PRICE 4.1 Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents in current funds at the lump sum or unit prices as presented in the Bid Form, which is incorporated herein and made a part hereof by this reference. 4.2 Owner shall pay Contractor for completion of the work in accordance with the Contract Documents an amount in correct funds equal to the amount below: Bid Total: Four hundred twenty-eight thousand, eight hundred thirty dollars (use words) Bid Total: $428, 830.00 (use figures) 4.3 The parties expressly agree that the Contract Price is a stipulated sum, except with regard to those items in the Bid which are subject to unit prices. ARTICLE V - PAYMENT PROCEDURES 5.1 Contractor shall submit Applications for Payment in accordance with the Contract Documents. Applications for Payment will be processed by Engineer as provided in the General Conditions. 5.2 Owner shall make progress payments on account of the Contract Price on the basis of Contractor's monthly Applications for Payment, as approved by the Engineer, which shall be submitted by the Contractor on or before the 10th day after the end of each calendar month for which payment is requested. 5.3 manner: Progress payments prior to Substantial Completion will be made in the following MAD/s1m/specs/s-1/00500 Part II Agreement Tt#200-08540-12001 00500-2 022712 5.3.1 Prior to Substantial Completion and prior to fifty percent (50%) of the Work being completed, progress payments shall be ninety percent (90%) of the value of Work complete and ninety percent (90%) of the value of materials and equipment not incorporated into the Work, but delivered and suitably stored, less in each case the aggregate of payments previously made. 5.3.2 After fifty percent (50%) of the Work has been completed as determined by the Engineer, and if the character and progress has been satisfactory to the Owner and Engineer, Owner, on the recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no retainage on account of subsequent Work and materials and equipment not incorporated into the Work, but delivered and suitably stored, which results in the Owner withholding a retainage equal to five percent (5%) of the Contract Price until Substantial Completion. However, Owner shall reserve the right to reinstate withholding a retainage of ten percent (10%) if Owner, on the recommendation of Engineer, determines that the progress or character of the Work is not satisfactory. 5.3.3 Upon Substantial Completion of the Work, Owner shall pay an amount sufficient to increase total payments to the Contractor to ninety-five percent (95%) of the Contract Price, less such amounts as Engineer shall determine in accordance with Article 14 of the General Conditions" 5.4 Final Payment. Upon final completion of the Work in accordance with the Contract Documents, Owner shall pay Contractor an amount sufficient to increase total payments to ninety-eight percent (98%) of the Contract Price. However, not less than two percent (2%) of the Contract Price shall be retained until Record Drawings, specifications, addenda, modifications and shop drawings, including all manufacturers instructional and parts manuals are delivered to and accepted by the Engineer. ARTICLE VI - CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 6.1 Contractor has visited the work site and familiarized himself with the nature and extent of the Contract Documents, Work, locality, and all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 Contractor has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by the Engineer in the preparation of the Drawings and Specifications, and which have been identified in the General and Supplementary Conditions of the Contract Documents. 6.3 Contractor has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in Paragraph 6.2 above as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are, or will be, required by Contractor for such purposes. MAD/s1m/specs/s-1/00500 Part II Agreement 022712 Tt #200-08540-12001 00500-3 6.4 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 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 the Contractor. ARTICLE VIl - CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement between the Owner and Contractor are attached to this Agreement, are made a part hereof and consist of the following: 7.1 This Agreement (Section 00500) (pages 1 to 6, inclusive). 7.2 Exhibits to this Agreement (sheets _ to _, inclusive). N/A 7.3 Performance Bond, Payment Bond and Certificates of Insurance. 7.4 Notice of Award and Notice to Proceed. 7.5 General Conditions (Section 00700) as amended by the Supplementary Conditions. 7.6 Supplementary Conditions (Section 00800). 7.7 Florida Department of Environmental Protection Bureau of Water Facilities Funding Supplementary Conditions for Formally Advertised Construction Procurement. 7.8 Project Manual bearing the general title: "CITY OF CRESTVIEW, PART II - OLD BETHEL ROAD WATER MAIN" and consisting of Divisions 0 through 16 as listed in the table of contents. 7.9 Drawings bearing the following general title: "CITY OF CRESTVIEW, PART II - OLD BETHEL ROAD WATER MAIN", and consisting of the sheets as listed in the Drawings Index. 7.10 Addenda Numbers 1 through 4, inclusive. 7.11 Bid Form (Section 00300) (Pages 1 to 11, inclusive). 7.12 All applicable provisions of State and Federal Law and any modification, including Change Orders or written amendments duly delivered after execution of Agreement. 7.13 Advertisement for Bids, Instructions to Bidders, Bid Bond, Noncollusion Affidavit, General Requirements, Field Orders and State of Florida Contract Provisions. There are no Contract Documents other than those listed above in this Article VII. The Contract Documents may only be altered, amended, or repealed in accordance with Article 3 of the General Conditions as modified in the Supplementary Conditions. ARTICLE VIII - MISCELLANEOUS MAD/s1m/specs/s-1/00500 Part II Agreement Tt#200-08540-12001 00500-4 022712 8.1 No assignment by the parties hereto of any rights under, or interest in, the Contract Documents will 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 of an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.2 Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns or legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.3 Terms used in this Agreement, which are defined in Article 1 of the General Conditions, shall have the meanings indicated in the General Conditions, as modified in the Supplementary Conditions. ARTICLE IX - GOVERNING LAW This Agreement shall be governed by the laws of the State of Florida. Both parties agree that the courts of the State of Florida shall have jurisdiction of any claim arising in connection with this Agreement. In the event of litigation arising out of this Agreement, the prevailing party shall be entitled to the award of attorney's fees and costs at both the trial and appellate level. Venue for any litigation arising out of this agreement shall be in Okaloosa County, Florida. ARTICLE X — SOVEREIGN IMMUNITY Both parties agree nothing contained herein is intended nor shall be construed to waiver the City of Crestview's rights and immunities under the Florida Constitution, common law, or Florida Statues 768.25, as amended from time to time. MAD/slm/specs/s-1 /00500 Part II Agreement Tt#200-08540-12001 00500-5 022712 IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One (1) 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. This Agreement will be effective on , 2012. OWNER: MAYOR, CITY OF CRESTVIEW, FLORIDA 0.tutUt By: ATTE T: CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: CONTRACTOR: (CORPORATE SEAL) ft ATTEST: (6111,11€._• By: 1461 w Pic t �vGV15 Title: Re:es 1 de Nir END OF SECTION MAD/slm/specs/s-1/00500 Part II Agreement Tt #200-08540-12001 00500-6 022712 SECTION 00841 NOTICE OF AWARD FORM Evans Contracting Inc. (Contractor) Date: January 28, 2013 Project: City of Crestview Part II - Old Bethel Road Water Main Date of Bid Opening: November 6, 2012 You are notified that your bid dated November 6, 2012 for the above Contract has been considered and the OWNER, expects to award you a contract for: Part lI - Old Bethel Road Water Main (Indicate Total Work, Alternates or Sections of Work Awarded) The Contract Price of your contract is Four hundred twenty-eight thousand, eight hundred thirty dollars. Dollars ($ 428,830.00 ). Six (6) copies of each of the following proposed Contract Documents (except Project Manual and Drawings) accompany this Notice of Award: • Agreement Between Owner and Contractor • Performance Bond • Payment Bond • Notice of Award You must comply with the following conditions precedent to the award of the contract within ten (10) days of the date of the Notice of Award, that is by February 7 2013 MAD/s1m/specs/s-1 /00841 00841-1 Tt #200-08540-12001 050412 1. You must deliver to the OWNER six (6) fully executed counterparts of the Agreement. 2. You must deliver with the executed Agreement six (6) completed original documents with original signatures on the Payment and Performance Bond in the form specified in the Bidding Documents. 3. You must provide in writing the correct name and address of the surety which is providing the Payment and Performance Bonds and the correct name and address of the surety's resident agent for service of process in Florida. 4. You must deliver with the executed Agreement six (6) completed, with original signatures, Certificates and Endorsements of Insurance in the form specified in the Bidding Documents. Failure to comply with these conditions within the time specified will entitle the OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, the OWNER will return to you one (1) fully signed counterpart of the Agreement with the Contract Documents attached. OWNER: ACCEPTANCE OF AWARD: City of Crestview, Florida Evans Contracting Inc. (Contractor) 1 C344j2-e (Authorized Signature) (Address) I `,,,724" (Title) (Authorized Signature Acknowledge Receipt of Notice) MAD/sIm/specs/s-1 /00841 Tt #200-08540-12001 281 Nowak Rd Cantonment, Fl 32533 kke_S' C�v�k' (Title) (Date) END OF SECTION 00841-2 050412 CERTIFICATE OF LIABILITY INSURANCE EVANS-9 OP ID: AQ DATE (MM/DDA YYY) 02/06/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORdIAT10N ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Sihle Insurance Grp Pensacola 601 S. Palafox St. Pensacola, FL 32602 Daniel Paul Raney INSURED Evans Contracting, Inc. 289 Nowak Road Cantonment, FL 32533 850-332-5458 850-607-2060 NANACT ME: Alice Pousson IINc�. No. Ext):850-332-5458 ADDRESS: apousson@sihle.com INSURERS) AFFORDING COVERAGE INSURER A :Westfield Insurance Group INsuRER a : Federal Insurance Co. �C, No 850-607-2060 NAIL N 24112 INSURER C: Bridgefield Employers Ins. Co. INSURER D : 10701 INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQULREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LN LLTR TYPE OF INSURANCE �9 WM POLICY NUMBER EFF ONSUBR INDDITYYY) IOLICY LICY M IOD/YYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CWP6691164 12/29/12 12/29/13 pFIDA nlsEsr? ) $ 100,000 CLAIMS -MADE X OCCUR AHED EXP (Any one person) $ 5,000 PERSONAL b ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGO $ 2,000,000 n POUCY' /L I J� - n LOC $ AUTOMOBILE UABIUTY COMBINEDll =Mani) SINGLE LIMIT $ 1,000,000 A X ANY AUTO CWP5691164 12/29H2 12/29/13 BODILY INJURY (Par parson) $ ALLOSNED SCHOESULED BODILY INJURY(Per maiden» $ X HIRED AUTOS X NON OWNED AUTOS PROPERTY DAMAGE (PeraccideM) $ PIP s 10,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 A EXCESS LIAR CLAIMS -MADE CWP5591164 12/29M2 12/29/13 AGGREGATE N 4,000,000 DEO X RETENTION $ 0 $ AND EMPLOYERS' N�TY X TORV LUATTS F R C ANY PROPMETOR/PARTNER/DECUI1VE Y/N FE OFFICER/NEMBER EXCLUDED? NIA 083049984 12/29/12 12/29/13 ELEACH Ammon' $ 1,000,000 (Mandatory In NH) MyyaaSGrRe EL DISEASE -EA EMPLOYEE $ 1,000,000 desa8reund�r DEIPT10N OF OPERATIONS below E.L DISEASE - POLICY UMIT $ 1,000,000 A B Intl Fitr Equipment Floate CWP5691164 45465678 12/29/12 12/29/12 12/29/13 12/29M3 Inst Flt 10,000 Leas/rent 160,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Medh ACORD Mt AddRonal Remarks Schedule H more apace Is required) Project: Water System Improvement Part II; Old Bethel Rd Water Main Certificate holders is included as additional insured,with regards to the general liability,if required by written contract. CERTIFICATE HOLDER CANCELLATION CITYCR2 City of Crestview 198 N. Wilson Street Crestview, FL 32536 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTAT_ ME, ACORD 25 (2010/05) ©1988-2010 ACORD CO ORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1 of 6 Originals Name and Title: Performance Bona Bond #CSB0000811 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Evans Contracting, Inc. 289 Nowak Rd. OWNER (Nanmeeand AddrFloridas32533 City of Crestview 302 N. Wilson St. Crestview, Florida 32536 CONTRACT Date: Feb. 5, 2013 Amount: $ 4 2 8, 8 3 0.0 0 Description (Name and Location): SURETY (Name and Address of Principal Place of Business): Contractors Bonding and Insurance Company 200 South Harbor City Blvd. #402 Melbourne, Florida:32901 Water System Improvements Partll—Old Bethal Road Water Main BOND Date (Not earlier than Contract Date): February 5, 2013 Amount: • $ 4 2 8, 8 3 0.0 0 1vfodificarions to this Bond Form: rid 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. (Corp. Seal) Evans C•�' r- tin • Inc Sianature: Name and itle: Rick Evans, President y SURETY Company: Contractors Signature: Name and Tixfe: Mduntie M. B (Attach Power of Attorney) Attar e— I n e t (Space is provided below for signatures of additional parties, if required-) CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: EJCDC No. 1910-28 _A (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America. Engineers Joint Contract Documents Committee, the Associated General Connectors of America, and the American institute of Architects. 00610-1 1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Contract, which is incorporated herein by reference. 2. If the CONTRACTOR performs the Contract, the Surety and the 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, the Surety's obligation under this Bond shall arise after. 3.1. The OWNER has notified the CONTRACTOR and the Surety at the addresses described in paragraph 10 below, that the OWNER is considering declaring a CONTRACTOR Default and has requested and attempted to arrange a conference with the CONTRACTOR and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Contract. Witte OWNER, the CONTRACTOR and the Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the OWNER's right, if any, subsequently to declare a CONTRACTOR Default; and 3.2. The OWNER has declared a CONTRACTOR Default and formally terminated the CONTRACTOR's right to complete the Contract Such CONTRACTOR Default shall not be declared earlier than twenty days after the CONTRACTOR and the Surety have received notice as provided in paragraph 3.1; and 3.3. The OWNER has agreed to pay the Balance of the Contract Price to: 3.3.1. The Surety in accordance with the terms of the Contact; 3.3.2 Another contractor selected pursuant to paragraph 4.3 to perform the Contact 4. When the OWNER has satisfied the conditions of paragraph 3, the Surety shall promptly and at the Surety's expertise take one of the following actions: 4.1. Arrange for the CONTRACTOR, with consent of the OWNER, to perform and complete the Contact, or 4.2. Undertake to perform and complete the Contract itself; through its agents or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of the Contact, arrange for a contract to be prepared for execution by the OWNER and the contractor selected with the 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 the OWNER the amount of damages as described in paragraph 6 in excess of the Balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR Default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contactor and with reasonable promptness under the circumstances; 4.4.1 After investigation, determine the amount for which it may be liable to the OWNER and, as soon as practicable after the amount is determined, tender payment therefor to the OWNER; or 4.4.2 Deny liability in whole or in part and notify the OWNER citing reasons therefor. S. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the OWNER to the Surety demanding that the Surety perform its obligations under this Bond, and the OWNER shall be entitled to enforce any remedy available to the OWNER. If the Surety proceeds as provided in paragraph 4.4, and the OWNER refuses the payment tendered or the Surety has denied pliability, in whole or in part, without further notice the OWNER shall be entitled to enforce any remedy available to the OWNER 6. After the OWNER has terminated the CONTRACTOR's right to complete the Contract, and if the Surety elects to act under paragraph 4.1, 42, or 4.3 above, then the responsibilities of the Surety to the OWNER shall oot be greater than those of the CONTRACTOR under the Contract, and the responsibilities of the OWNER to the Surety shall not be greater than those of the OWNER under the Contract To a limit of the amount of this Bond, but subject to commitment by the OWNER of the Balance of the Contract Price to mitigation of costs and damages on the Contract, the Surety is obligated without duplication for. 6.1. The responsibilities of the CONTRACTOR for correction of defective Work and completion of the Contract; 6.2. Additional legal, design professional and delay costs resulting from the CONTRACTOR's Default, and resulting from the actions or failure to act of the 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 the CONTRACTOR 7. The Surety shalt not be liable to the OWNER or others for obligations of the 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 the OWNER or its heirs, executors administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, wider 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 the CONTRACTOR ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first If the provisions of this paragraph are void or profaned 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 the Surety, the OWNER or the CONTRACTOR shall be marled or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract was be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a stat tery bond and not as a common law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by the OWNER to the CONTRACTOR tmder the Contract after all proper adjustments have been made, including allowance to the CONTRACTOR of any amounts received or to be received by the OWNER in settlement of insurance or other Claims for damages to which the CONTRACTOR is entitled, reduced by all valid and proper payments made to or on behalf of the CONTRACTOR under the Contract 12.2. Contract The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contact Documents and changes thereto. 123. CONTRACTOR Default Failure of the 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 the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof. 00610-2 (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER OWNER'S REPRESENTATIVE (Engineer or other party): 00610-3 1 ,�f 6 Originals Payment Bond Bond #CSB0000811 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Evans Contracting, Inc. 289 Nowak Rd. Cantonmmnt, Florida 32533 OWNER (Name and Address): City of Crestview 302 N. Wilson St. Crestview, Florida 32536 CONTRACT February 5, 2013 $428,830.00 Date: Amount: Description (Name and Location): SURETY (Name and Address of Principal Place of Business): Contractors Bonding and Insurance Company 200 South Harbor City Blvd. #402 Melbourne, Florida 32901 Water System Improvements Part it -Old Bethal Road Water Main BOND Date (Not earlier than Contract Date): February 5, 2013 Amount: $428, 830.00 Modifications to this Bond Form: na 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: (Corp. Seal) Evans �1 Signature: - Name and ale- Rick Evans, President SURETY Company: / (C Contractors Signature: Name and Tite: ountie M. Begird (Attach Power of Attorney) At t o r n e (Space is provided below for signatures of additional parties, if required) CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Signature: Name and Title: SURETY Company: gel J' as�•�= -In-Fact (Corp. Seal) Signature: Name and Title: EJCDC No. 1910-28-B (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. any 00620-1 1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the OWNER to pay for Lsbor, materials and equipment furnished for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to the OWNER, this obligation shall be null and void if the CONTRACTOR: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies and holds harmless the OWNER from all taints, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Contract, provided the OWNER has promptly notified the CONTRACTOR and the 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 the CONTRACTOR and the Surety, and provided there is no OWNER Default 3 With over.. to Claimants, this obligation shall be null and void if the CONTRACTOR promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond tmtil: 4.1. Claimants who are employed by or have a direct contract with the CONTRACTOR have given notice to the Surety (at the addresses described in paragraph 12) and sent a copy, or notice thereoty to the 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 the CONTRACTOR 1. Have famished written notice to the CONTRACTOR and sent a copy, or notice thereof, to the 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 were furnished or supplied or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in pan from the CONTRACTOR, or not received within 30 days of famishing the above notice any communication from the CONTRACTOR by which the 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 the Surety and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice fiunished to the CONTRACTOR 5. If a notice required by paragraph 4 is giver by the OWNER to the CONTRACTOR or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1. Send an answer to the Claimant, with a copy to the OWNER, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amoumt of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety 8. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, tinder any Performance Bond. By the CONTRACTOR furnishing and the OWNER accepting this Bond, they agree that all farads earned by the CONTRACTOR in the performance of the Contract are dedicated to satisfy obligations of the CONTRACTOR and the Surety under this Bond, subject to the OWNER's priority to use the funds for the completion of the Welk. 9. The Surety shall not be liable to the OWNER, Claimants or others for obligations of the CONTRACTOR that are unrelated to the Contract The OWNER shall not be liable for payment of any casts 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. The Surety hereby waives notice of any change, includmg changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. 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 witich 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 nequited 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 famished 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 the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, the OWNER or the 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 or other legal requitement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 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, the CONTRACTOR shall pmmptiy 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 the CONTRACTOR or with a Subcontractor of the CONTRACTOR to furnish 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 pan 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 the CONTRACTOR and the CONTRACTOR's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materiels or equipment were furnished 15.2. Contract The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes pthereto. 15.3. OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other to ois thereof. 00620-2 (FOR INFORMATION ONLY —Name, Address and Telephone) AGENCY or BROKER: OWNER'S REPRESENTATIVE (Engineer or other party): 00620-3 chic .n Rll C.m/.ny Contractors Bonding and Insurance Company 1213 Valley Street P.O. Box 9271 Seattle, WA 98109-0271 Know All Men by These Presents: POWER OF ATTORNEY Contractors Bonding and Insurance Company 1 Of 6 Originals That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Contractors Bonding and Insurance Company, a Washington corporation, does hereby make, constitute and appoint: Mountie M. Bedford in the City of Pensacola , State of lorida its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million and 00/100 Dollars ( S10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 21st day of June 2011 State of Washington County of King SS `,`,``p,,ANp /i„,�,, _ SEAL= ';°.• 1979 ' � Roy C. Die .,��','',4 8 N N OZ Oa`,`` '• '` ` `. On this 21 st day of June 2011 before me, a Notary Public, personally appeared Roy C. Die , who being by me duly sworn, acknowledged that he signed the above Power of Attomey as the aforesaid officer of the Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. Joseph B. fi%G—.... uller Notary Public i- - - - Notary Public- - - - - - i i i i March 29, 2012 i i State or Washington JOSEPH B. MULLER MY COMMISSION EXPIRES Contractors Bonding and Insurance Company Vice President CERTIFICATE I, the undersigned officer of Contractors Bonding and Insurance Company, a stock corporation of the State of Washington, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the Contractors Bondin and Insurance Company this 5th , day of Feb. -201.3 Contractors Bonding and Insurance Company Roy C. Die Vice President 0975599032912 A0059511 Attached Bond #CSB0000811 TETRATECH, INC. TRANSMITTAL LETTER 12815 Emerald Coast Parkway, Suite 110 Destin, Florida 32250 TEL 850.837.9278 FAX 850.837.7269 To: Ms. Elizabeth Roy Date: 2/28/13 Job No.: 200-08540-12001 City of Crestview Attention: Ms. Roy P. O. Drawer 1209 Subject: Water System Improvements Crestview, Florida 32536 Parts I & II — Well No. 9 and Elevated Storage Tank Old Bethel Water Main We are sending the following: ❑ Attached ❑ Shop Drawing(s) ❑ Sample(s) ❑ Other: ❑ Specs Notices to Proceed ❑ Under Separate Cover ❑ Estimate(s) ❑ Plan(s) ❑ Copy of Letter Copies Description 1 Partially executed Notice to Proceed — Water System Improvements Part I 1 Partially executed Notice to Proceed — Water System Improvements Part II The above inclusions are transmitted as checked below: ❑ For Approval ❑ Approved as Submitted ❑ For Your Information/Filing ❑ For Your Use ❑ Approved as Noted IN For Your Necessary Action ❑ As Requested ❑ Retumed for Corrections ❑ For Review and Comments El REMARKS: Please execute each Notice to Proceed on behalf of the City for inclusion in the Project Manual for each respective Water Systems Improvement Projects. Upon executing these documents, please notify myself so I may collect them. Copy tO: File, Signed: Timothy A. Vanderwalker, P.E. If enclosures are not as noted, please notify us at once. SECTION 00842 NOTICE TO PROCEED FORM Speegle Construction, Inc. 210 Government Avenue Niceville, Florida 32578 (Contractor) Date: February 26, 2013 Notice to Proceed on Project: City of Crestview Part I - Well No. 9 and Elevated Storage Tank You are notified that the Contract Time under the above contract will commence to run on February 26, 2013 . On that date you are to start performing the work and other obligations under the Contract Documents. Based on the Contract Time stated in the Agreement, we agree that the dates for Substantial Completion and Final Completion are December 24, 2013 , and January 23, 2014 , for the work, respectively and include all work as required by the Contract Documents. Enclosed are two (2) bound sets of the Contract Documents as described in the Agreement. OWNER: City of Crestview, Florida 198 North Wilson Street Crestview, Florida 32536 / (Authorized Signature) r r2-7 a/ram (Title) BY: Speegle Construction, Inc. (Contractor) 210 Government Avenue Niceville, Florida 32578 (Address) r3 _ a (Au rized Signature Acknowledge of Receipt of Notice) v c-e Pe-est c atAT (Title) (Date) (Delivered via hand delivery at the Pre -Construction Meeting on Feb 26, 2013 to the above signed representative) MAD/slm/specs/s-1 /00842 Tt#200-08540-12001 00842-1 050412 SECTION 00842 NOTICE TO PROCEED FORM Evans Contracting, Inc. 289 Nowak Road Cantonment, Florida 32533 (Contractor) Date: February 26, 2013 Notice to Proceed on Project: City of Crestview Part II — Old Bethel Road Water Main You are notified that the Contract Time under the above contract will commence to run on February 26, 2013 . On that date you are to start performing the work and other obligations under the Contract Documents. Based on the Contract Time stated in the Agreement, we agree that the dates for Substantial Completion and Final Completion are September 25, 2013 , and October 25, 2013 , for the work, respectively and include all work as required by the Contract Documents. Enclosed are two (2) bound sets of the Contract Documents as described in the Agreement. OWNER: City of Crestview, Florida 198 North Wilson Street Crestview, Florida 32536 42(7 (Authorized Signature) (Authorized Signature BY: Evans Contracting, Inc. (Contractor) 289 Nowak Road Cantonment, Florida 32533 (Address) a eia,ei /(Title) -----..... Acknowledge of Receipt of Notice) (467 ft .0 •Cei/( (Title) ,2,-).6, 2o13 (Date) (Delivered via hand delivery at the Pre -Construction Meeting on Feb 26, 2013 to the above signed representative) MAD/slm/specs/s-1 /00842 Tt #200-08540-12001 00842-1 050412 ACORN® CERTIFICATE OF LIABILITY INSURANCE 4,----- DATE(MWDD/YYYY) 01 /28/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Legacy Insurance of Northwest Florida LLC 301 N. Ferdon Blvd. Crestview, FL 32536 License #: A018115 CONTACT NAME: Edna Howel PHONE (850)682-2519 FAX ,Ne): (850)689-3375 E-MAIL ADDRESS: alien@legacyinsurancenwf.com INSURERS AFFORDING COVERAGE NAIC x INSURERA: SOUTHERN OWNERS INS CO INSURED W L CONSTRUCTION, L L C PO BOX 1492 CRESTVIEW, FL 32536-7492 INSURERS: AUTO OWNERS INSURER C: INSURER D : INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 00001960-102856 REVISION NUMBER: 5 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRT LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MWDD/YYYY) POLICY EXP (MWDDIYYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X OCCUR N N 114622 78744149 02/16/2012 02/16/2013 EACH OCCURRENCE $ 500,000 DAMAGE PREM SESO(EaENTED occurrence) $ 50 000 CLAIMS -MADE MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 500,000 $ 1,000,000 $ 500,000 GEML X GENERAL AGGREGATE AGGREGATE LIMIT APPLIES PER I POLICY p PF LOC PRODUCTS - COMP/OP AGG $ B rAUTOMOBILEUABIL)TY __X_ ANY AUTO ALL OWNED _ ___, AUTOS — _ HIRED AUTOS I SCHEDULED 1 AUTOS I NON —OWNED , AUTOS N N 44-716-466-01 02/16/2012 02/16/2013 _(EOaB�IINdED(SINGLELIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE S r DED RETENTION S $ A RS COMPENSATIONX AND MPLOYERS' LIABILJTY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A N 78025035 02/16/2012 02/16/2013 rORY LIAMITS 1 E R E.L EACH ACCIDENT $ 100,000 E L DISEASE - EA EMPLOYEE S 100,000 E L DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, AddMonal Remarks Schedule IT more space la required) CERTIFICATE HOLDER CANCELLATION CITY OF CRESTVIEW PO BOX 1209 CRESTVIEW , FL 32536 ACORD 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. (EJH) ©1988-2010 ACOR ` ='T = =� TION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by EJH on January 28, 2013 at 04:33PM