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Home My WebLink About1995 - Interlocal Agreement Riverfront Water Project Construction1. % J.4/ 1 .31 %9•11 uL'i X -L) v it INTERLOCAL AGREEMENT between INDIAN RIVER COUNTY, FLORIDA and the CITY OF SEBASTIAN, FLORIDA Re: Construction of the Riverfront Water Pro eat THIS AGREEMENT, made this 24th day of January , 199, by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, the address of which Is 1840 25th Street, Vero Beach, FL 32960 (hereafter COUNTY) , and the CITY OF SEBASTIAN, FLORIDA, a municipal corporation of the State of Florida, the address of which is 1225 Main Street, Sebastian, FL 32958, (hereafter CITY), WITNESSETH THAT: WHEREAS, the COUNTY is constructing an extension of its public water system to the CITY limits; and WHEREAS, the CITY proposes to build a public water project known as the "Riverfront Water Project," hereinafter referred to as "Project"; and WHEREAS, the CITY finds it is in the public interest and will effectuate cost savings to have the COUNTY construct such Project; NOW, THEREFORE, for . and in consideration of the premises and other good and valuable consideration, the receipt of which is hereby acknowledged, the COUNTY and the CITY agree as follows: 1. Description of Work. The COUNTY shall contract to have the Project built in accordance with the contract documents, as attached as Exhibit "A," by issuing change orders to its existing engineering and construction contracts for work in the vicinity of the CITY's project. The CITY must approve the COUNTY's change orders for the Project prior to the COUNTY executing them and shall also approve any subse- quent Project change orders which increase the CITY's cost. 2. ELtyments. The CITY agrees to reimburse the COUNTY for the Project In the amount which the COUNTY is charged by its engineer and its general contractor, pursuant to the contract. - 1 - V i 3. Press Payments. The CITY shall reimburse the County within 30 days on the basis of applications which are submitted to the CITY and the COUNTY by the COUNTY's engineer. The COUNTY's professional engineer on the Project shall certify as a condition of payment that the work has been completed in accordance with the plans and specifications. 4. Certificate of Completion and Final Payment. The COUNTY shall notify the CITY in writing when the work is completed. The COUNTY's notification shall be accompanied by a certificate of the COUNTY's professional engineer certifying completion of the work in accordance with the plans and specifications for the Project. 5. Instruments of Title. After final payment the COUNTY shall execute appropriate instruments of title to reflect the party's interests in the line. 6. StartinAc and Completion Dates. The COUNTY shall proceed with due diligence on the Project. In the event the COUNTY charges the contractor any liquidated damages for delay on the Project, the COUNTY will pay the CITY any liquidated damages less any costs which may have accrued to the COUNTY. 7. Contract Documents. The Project contract documents are as follows: A. Plans and specifications prepared by Masteller & Moler, Inc. B. The contract between the COUNTY and its general contractor, Including the change order specifically issued for the Project. C. The contract between the COUNTY and Masteller & Moler, Including the change order. 8. Desi tion of Engineer. The COUNTY designated Masteller & Moler, Inc. as its professional engineer on this Project for the purpose of design and performing inspection services on the Project. 9. Beneficiaries. The COUNTY acknowledges that the CITY is to be the beneficiary and owner of the Project. 10. CITY Duty to Pay. If for any reason the CITY is unable to use special assessments to collect the cost of the Project from the beneficiaries of 4 the Project, then the CITY shall nonetheless pay the COUNTY from any legal source of revenue, including the CITY's general fund. - 2 - 1 11. Severability. If any provision of this agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of this agreement shall remain in full force and effect. 12. Entirety. This agreement represents the entire understanding and agreement between the parties and no other agreements, either oral or written, exist between the parties. IN WITNESS WHEREOF, COUNTY and CITY have entered into this agreement on the date first above written. Jef y, K, Ba i on, Cler m Attest: Down Clerk Approved as to form and content: Clifton A. McClelland, Jr. City Attorney INDIAN VER COUNTY Notary 'Public: By . printed name Kenneth R. Macht, Chgrw Commission # /�� •y' �' i {"! nn 1"W Ga Acr•^.Yep _ t ,l•. L9cte1 �_ CITY OF SEBASTIAN utilitleK Rick Mgr. r � By Mayor STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of ��. , 199, by , as Chairman, and Jeffrey Barton;—as Clerk, o the Indian River County Board of County Commissioners, on behalf of said COUNTY. Thy U. personally known to Notary Public: printed name: PAMCIAM.R�DMY 7 Commission # W oN R ocssM EW ' ,am 27, sage �' .. ec�A�nurnov►�u+su�.��. STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoingstrume t was arknov 199 , byALr lark, of the City of Sel CITE'. T e a personally known to me. Attachment: Exhibit "A" - Contract Documents - 3 - before me thizuaay of as Mayor, andj 4. Florida, on behal said Notary 'Public: printed name W COMOSM I MMM oems:." 0. lose Commission # tlonaw iGeo � Rieito tMeixwitl�s Attachment: Exhibit "A" - Contract Documents - 3 - before me thizuaay of as Mayor, andj 4. Florida, on behal said t+ 1 INDIAN RIVER COUNTY ID :40? --??0-509 FEB 07'96 OFFICE E 01� COUN7Y A?'?'ORNEY a r c BOARD OF COUNTY COWOSSIONERS z INDIAN RIVER C01INTY ! 1840 25th Street, Vera peach, Florida 52960 Iblephattc: (407) 567-8000, Ext. 424 Simcout: 224-1424 FACSIMILE COPY COVER SHEET FAX NO. (447) 770-6096 15:26 No.018 P.01 C"A%&&$ F. NrtNNAC County Atturwsy WIRIAM O. COLLINS H Deputy County Attom" tERRtMCE f. O'blus" Ant. County Artovh#y SHARON PISIMPS SOCNMAN Afrt. County JUtbI00y 1)A'I'is: A'C'r :N'i' lON COMPANY: ...__.__......., . vL..--- _._. FAX NUMBER FROM Note: Yntx s�o!d receive a total of Pagea: including this cover Page. If you are not recolving clourly or do ixot have all (lie p►riges tho completion of tws treus- mieslott, planse tall at 567-8008, Ext. 405. INDIAN RIVER COUNTY ID:407-770-5095 FEB 07'96 15:26 No.018 P.02 _1 INTERLOCAL AGREEMENT between INDIAN RIVER COUNTY, FLORIDA and the CITY OF SEBASTIAN, FLORIDA Res Construction of the Riverfront Water Pro act THIS AGREEMENT, made this 240h day of Januory , 199_, by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, the address of which Is 1840 25th Street, Vero Beach, FL 32960 (hereafter COUNTY) , and the CITY OF SEBASTIAN, FLORIDA, a municipal corporation of the State of Florida, the nddreas of which is 1225 Main Street, Sebastian, FL 329581, (hereafter CITY), WITNESSETH THAT WHEREAS, the COUNTY is constructing an extension of its public water system to the CITY limits; and WHEREAS, the CITY proposes to build a' public water project known as the "Riverfront Water Project," hereinafter referred to as "Project"; and WHEREAS, the CITY finds it is in the public interest and will ' effeotuate cost savings to helve the COUNTY construct such Project; NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration, the receipt of which is hereby acknowledged. the COUNTY and the CITY agree as follows: 1. Description of Work. The COUNTY shall contract • to have the Project built In accordance with the contract documents, aii"attached as Exhibit "A," by Issuing change orders to its existing engineering and construction contracts for work in the vicinity of the CITY's project. 2. The CITY must approve the COUNTY•& change orders for the Project prior to the COUNTY executing them and shall also approve any subse- quent Project change orders which increase the CITY.'s cost. Payments. The CITY agrees to reimburse the COUNTY for the Project In the amount which the COUNTY is charged by its engineer and its general contractor, pursuant to the contract. - 1 - INDIANRIVER COUNTY ID=407-770-5095 FEB 07'96 15=27 No.018 P.03 3. Progress Payments. The CITY shall reimburse the County within 30 days on the basis of applications which are submitted to the CITY and the COUNTY by ,the COUNTY's engineer. The COUNTY's professional engineer on the Project shall certify as a condition of payment that the work has been completed in accordance with the plans and specifications. 4. Certificate of Completion and Final Payment. The COUNTY shall notify the CITY in writing when the worts is completed. The COUNTY's notification shall be accompanied by a certificate of the COUNTY's professional engineer certifying completion of the work in accordance -with the plans and specifications for the Project. S. Instruments of Title. After final payment the COUNTY shell execute appropriate lrietruments of title to reflect the party's interests in the line 6. Starting and Completion Dates. The COUNTY shall proceed with due diligence on the Project. In the event the COUNTY charges the contractor any liquidated damages for delay on the Project, the COUNTY will pay the CITY any liquidated damages less any costs which _ may have accrued to the COUNTY. 7. Contract Documents. The Project contract documents are as follows A. Plans and specifications prepared by Masteller & Maier, Inc. 8. The contract between the COUNTY and its general contractor, Including the change order specifically issued for the Project. C. The contract between the COUN'T'Y and Masteller & Maier, Including the change order. a. Designation of Engineer. The COUNTY designated Masteller & Molar, Inc. as its professional engineer on this Project for the purpose of design and performing inspection services on the Project. 9. Denefioiarles..: The COUNTY acknowledges that the CITY is to be the beneficiary and owner of the Project. IO. CITY Duty to Pay. If for any reason the CITY is unable to use special assessments -to collect the cost of the Project from the benefieiaries of the Project, then the CITY shall nonetheless pay -the COUNTY from any legal source -of revenue, including the CITY's general fund. 2 • ZND I,RN RIVER COUNTY I D : 407-770-5095 FEB 07'96 15:27 No . 018 P.04 11. SeverablUt-E. If any provision of this agreement is held to be Invalid or unenforceable by a court of competent jurisdiction, the other provisions of this agreement shall remain in rull Porde and effect. 12. Entirety. This agreement represents the entire understanding and agreement between the parties and no other agreements, either oral or written, exist between the parties. IN WITNESS WHEREOF & COUNTY and CITY have entered into this agreement on the date first above written. tee • Lr� -� _'� . _ �.j J f K, Ba ton, Clerl� .e i .fes y •.� l� Attest: 17own Clerk Approved as to form and content: Q.M ;>. Clifton A. McClelland, Jr. City Attorney INDIAN VER COUNTY By. Kenneth R. Macht, Chaff Y. L cfc;vl ..« CITY OF SEBASTIAN F_.'! :'•'_`'_" t ... - .'``% t ticK Mgr. ge �;v By Mayor STATE OF FLORIDA COUNTY OF INDIAN RIVER ,/ The foregoing instrument was acknowledged before me this OV7 day of �,&l , 1895, by �.eo.n.eth q �t, as Chairman, and Jeffrey Bard7l�ton; as. • Clerk, o the Indian ver County Board of County Coa�miesioners, on behalf of said COUNTY. Th y-'13. personally known to me. Notary Public: printed name Commission � ..•"..•" pAiRtClA M. �DQELY �. MY co:aut O" I Cc3eoM %7 June 27, 190 �� OOMCCD t1M�1 Tllel/ fl.Y! M6iR�NOt. PNC STATE OF FLORIDA COUNTY OF INDIAN RIVER. r The foregoing i strume t was a knowleoged before me this ay of 199 , by N- 44 �-,� �n , as Mayor, and /�/� •U lerk, of the City of Sebastian Florida, on beha f� said C�'. Tki ak personally known to me. . `_.. . 'LJfMM. GALLEY Pt�blic: ..� W COMMUMM'q C0 8MM printed name: 1,r7 oetrss: JU+. 11L I=n # .e.. eoneea Z1w'tyoeeq wet+ � .. . , Attachment: Exhibit "A" - Contract Documents MINC MASTELLER & MOLER, INC. - CONSULTING ENGINEERS - Mr. Harry Asher Indian River County P.O. Box 1750 September 27, 1994 Utilities Department Vero Beach, FL 32960 RE: Amendment to Engineering Work. Authorization #1 for Water Projects dated October 11, 1993, concerning the US Highway #1 Water Transmission main from Route 510 North to the City of Sebastian. Dear Harry: The City of Sebastian and the Indian River County Utilities Department have agreed to amend the referenced work authorization in order to provide for the engineering and construction of a water distribution system to serve city users on the east side of US Ful in the City of Sebastian. The proposed system is shown on the attached "Proposed Water Layout Plan". The funding for the engineering and construction of the proposed City of Sebastian water project would be by the City of Sebastian through reimbursement to the Indian River- County Utilities Department. A seperate agreement which addresses the specific terms and conditions of the City of Sebastian reimbursing the Indian River County Utilities Department for engineering and construction expenses in conection with this proposed City of Sebastian water projecit will be executed. The 'construction cost, including 10% contingencies, for the proposed City of Sebastian water project is $585,000.00, and it is. proposed that this construction amount will be added by change order to the existing contract with Speegle Construction Company to construct the US it Water Transmission Main. With respect to our existing referenced Work Authorization F-01 for the US V-01 Water Transmission Main, the following amendment to the fees will result for our engineering, design, surveying and inspection services in connection with the City of Sebastian Water project: 1623 N. U.S. Highway 1, Suite B2 C3 7380 Murrell Road, Suite 106 Sebastian, FL 32958 Melbourne, Florida 32940 (407) 589-4800 (407) 255-1175 (407) 589-2742 Fax (407) 253-4439 Fax HM MASTELLER & MOLER, INTC. - CONSULTING ENGINEERS - September 27, 1994 Mr. Harry Asher Indian River County Utilities Department P.O. Box 1750 Vero Beach, FL 32960 RE: Amendment to Engineering Work. Authorization #1 for Water Projects dated October 11, 1993, concerning the US Highway F21 Water Transmission Main from Route 510 North to the City of Sebastian. Dear Harry: The City of Sebastian and the Indian River County Utilities Department have agreed to amend the referenced work authorization in order to provide for the engineering and construction of a water distribution system to serve city users on the east side of US »1 in the City of Sebastian. The proposed system is shown on the attached "Proposed Water Layout Plan". The funding for the engineering and construction of the proposed City of Sebastian water project would be by the City of Sebastian through reimbursement to the Indian River- County Utilities Department. A seperate agreement which addresses the specific terms and conditions of the City of Sebastian reimbursing the Indian River County Utilities Department for engineering and construction expenses in conection with this proposed City of Sebastian water project will be executed. The 'construction cost, including loo contingencies, for the proposed City of Sebastian water project is $585,000.00, and it is. proposed that this construction amount will be added by change order to the existing contract with Speegle Construction Company to construct the US 11 Water Transmission Main. With respect to our existing referenced Work Authorization ml for the US rl Water Transmission Main, the following amendment to the fees will result for our engineering, design, surveying and inspection services in connection with the City of Sebastian Water project: 1623 N. U.S. Highway 1, Suite B2 O 7380 Murrell Road, Suite 106 Sebastian, FL 32958 Melbourne, Florida 32940 (407) 589-4800 (407) 255-1175 (407) 589-2742 Fax (407) 253-4439 Fax Mr. Harry Asher ` 27 -Sep -94 Page 2 1. Engineering design and permitting lump sum fee $30,900 2. Project inspection services lump sum fee........ $9900 3. Field surveying lump sum fee .................... $8600 In order to provide assurance to you that the City_ of Sebastian accepts the above fees stated in this letter for our design, permitting, inspection and surveying services, I am requesting the appropriate officals) of the City of Sebastian provide you with the appropriate letter of acceptance and/or resolution. Please do not hesitate to contact me if I can be of assistance in expediting this project. Very truely yours, MASTELLER-& MOLER, INC. Earl H. Masteller, P.E., President cc: Mr. Joel Kolford, Sebastian City Manager EHM/tb enclosures File , 9459 (ir092794). HM EXHIBIT "A" ENGINEERING WORK AUTHORIZATION DATE: October 11, 1993 WATER WORK AUTHORIZATION #1 FOR CONSULTING SERVICES. PROJECT NO. COUNTY I.D. MASTELLER & MOLER, INC. "FURTHER DESCRIPTION OF BASIC ENGINEERING SERVICES AND RELATED MATTERS" PROJECT NAME: County Route 510/U.S. Highway #1 Water Transmission Main ESTIMATED CAPITAL CONSTRUCTION COST $ 11291,000.00 (Including loo Contingency) $ 1,420,000.00 Reference is made to the "Master Agreement for "Professional Services" dated and specific Article Numbers and paragraph numbers which are listed hereunder to describe the scope of services included on this project. PROFESSIONAL ENGINEERING SERVICES - Work Authorization #1 Description of Project: Completion of Professional Engineering and Construction Inspection Services for a Water Transmission System consisting of 16" diameter water mains along County Route 510 from Kings Highway to 55th Avenue; along 55th Avenue north to 87th Street; east along 87th Street to U.S. Highway, and along U.S. Highway #1 north to the south line of the City of Sebastian at the northerly limit of the Sebastian Square Shopping Center. The project does not include the installation of water services. Section 2 - Additional Services of - Encgineer 2.1.7. Field Surveying Services - Field Surveying for engineering designs including location of all above ground physical features in relation to existing rights-of-way along the selected project route; and cross-sections at all boring sites. Field surveying includes only the specific work described above and does not include tie in to State Plane Coordinates, construction stakeout, as -built field work or surveying for property/easement acquisitions. _ r • ��_.,.. _.. r..a. �_ a::. , � a. � .....L...1/i....:.Ai+1+.rd`o'I � � ,� a. �1 Work Authorization 11 Page 2 Section 2 - Additional Services of Enqineer, 2.1.14.3. Additional Documents Section 5 - Pavments to Enaineer Section 5.1.1.1. - One Prime Contract Lump Sum Fee for Design Services with One Prime Contract $ 74,900.00 To be invoiced based on percentage of servivices completed each month Section 5.1.1.2. - Resident Proiect Services Lump Sum Fee for Resident Inspection Services with one Prime Contract To be invoiced based on Contractor's Percentage of Completion $ .24,000.00 9453P (9459est2.ws) SEBASTIAN WATER SYSTEM - PROJECT COST ESTIMATE (SOUTH WALMART TO NORTH WALMART) Rev. 8/5/94 July 22, 1994 DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE 4" DIA. PVC PIPE 1,500 LF 9.00 13,500.00 4" DIA. BLOW -OFF 5 EA 300.00 11500.00 4" DIA. GATE VALVES W/BOXES 5 EA 375.00 11875.00 6" DIA. PVC PIPE 41500 LF 11.00 49,500.00 6" DIA. GATE VALVES W/BOXES 10 EA 500.00 51000.00 SERVICES W/METERS, ETC. 100 EA 275.00 27,500.00 HYDRANT SYSTEMS 15 EA 21400.00 36,000.00 JACK & BORE US #1 W/12" DIA. 1 EA 25,000.00 25,000.00 CARRIER PIPE 12" DIA. PVC PIPE 12,100 LF 25.00 302,500.00 12" DIA. GATE VALVES W/BOXES 13 EA 11400.00 18,200.00 CONCRETE 300 LF 20.00 61000.00 ASPHALT 11000 LF 25.00 25,000.00• SOD 10,000 LF 2.00 • ------------- 20,000.00 CONSTRUCTION SUB -TOTAL 531,575.00 CONTINGENCY 10% $53,157.50 SUBTOTAL 584,732.50 ENGINEERING DESIGN, PERMITTING 39,000.00 CONTRACT ADMINISTRATION & INSPECTION 9,000.00 SUPPORT SERVICES RELATIVE TO ASSESSMENT PROGRAM 7,500.00 ------------- TOTAL ESTIMATED PROJECT COST 640,232.50 USE $640,000.00 Work Authorization 0,01 Page 3 Section 5.1.2.1. - Professional Consultants 2.1.7. Field Surveying Fee 2.1.14.3 Additional Services in connection with this project needed but unanticipated to be authorized in writing by Utilities Department $ 21,000.00 $ 5,000.00 IN WITNESS WHEREOF, the parties hereto have made -and executed this Agreement as of the day and year first above written. OWNER: INDIAN RIVER COUNTY ENGINEER: MASTELLER'& MOLER, INC Richard N. Bird Stephen E. Moler, P.E. Countv Commission Chairman Executive Vice President Address for giving notices: 1840 25th Street Vero Beach,JL 32960 Al ItbI: 1, line File #9341 (scope. doc")" J.K. BA•R 7 M CL RK Y Address for giving notices: 1623 N. U.S. Hwv 701, Ste.B-2 Sebastian, FL 32958 Indian River Ca Approvtd Date Admin. 1;2 A6, 11Z3 Lagel V __�p � , '{ S Budget util.tiec ( 1 Rizk Mgr. INDLAN RIVER COUNTY ID:407-770-5095 FEB 07996 15:26 No.018 P-01 V OFFICE 01" COUIVIYATTORNEY compte$ P. VIJUNAC 804 RD OF COUNTY COAWISSIONZaS Cavort Attorney IND14N RIVER CO(INTY 1840 251h $ftel, Vero Beach, Florida 32960 WILUAM O. coiLpAs 11 Iblephom: (407) 567-80009 Ext. 424 Dopuly County Alsorn*r Stincom.- 224-1424 Taft'Ll"C' P. wnwo Aw. County Allamsy $14AIM" PIUMPI SOIN"Aff AM. County Attofn*y FACSIMILE COPY COVER SHEET FAX NO. (407) 770-6095 DATE: ATOrENTION: 9L COMPANY: FAX NUMBER e4Tre?q-- FROM Note: You should receive a total of MOO? Including this cover page. If you are not recolving Wourly or do teat have all (fie pages 010 completion of this trans- nds.81011, planoe cullgkt at 567-80000 Ext. 405. /,1 ,,,, 1 "7i J�J �,, �rJ s /j �% �7� i�7� 777A.k�eL- IND;AN RIVER COUNTY ID:407-7.-�70-5095 FEB 07'96 15:26 No.018 P.02 _ ._. INTERLOCAL AGREEMENT between INDIAN RIVER COUNTY, FLORIDA and the CITY OF SEBASTIAN, FLORIDA Re: Construction of the Riverfront Water Pro ect THIS AGREEMENT, made this 24t1% day of January , 199.4L --s, by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, the address of which In 1840 25th Street, Vero Beach, FL 32960 (hereafter COUNTY) ; and the CITY OF SEBASTIAN, FLORIDA, a municipal corporation of the State of Florida, the wddreas of which is 1225 Main Street, Sebastian, FL 329589 (hereafter CITY), WITNESSETH THAT WHEREAS, the COUNTY is constructing an extension of its public water system to the CITY limits; and WHEREAS, the CITY proposes to build a' public water project known as the "Riverfront Water Project," hereinafter referred to as "Project"; and WHEREAS, the CITY finds it is in the public interest and will ' effeotuate cost savings to hd've the COUNTY construct such Project; NOW. THEREFORE, for and in consideration of the premises. and other good and valuable consideration, the receipt of which is hereby acknowledged, the COUNTY and the CITY agree as follows: 1. Description of Work. The COUNTY shall contract • to have the Project built In accordance with the contract documents, as'.attached as Exhibit by issuing change orders to its existing engineering and construction contracts for work in the vicinity of the CITY's project. The CITY :suet approve the COUNTY's change orders for the Project prior to the COUNTY executing them and shall also approve any subse- quent Project change orders which Increase the CITY!s cost. 2. ftyments. The CITY agrees to reimburse the COUNTY for the Project In the amoutit which the COUNTY is charged by its engineer and its general contractor, pursuant to the contract. INDIAN RIVER COUNTY ID=407-770-5095 FEB 07'96 15=27 No.018 P.03 S. Press Payments. The CITY shall reimburse the County within 30 days on the basis of applications which are submitted to the CITY and the COUNTY by he COUNTY'e engineer. The COUNTY's professional engineer on the Project shall certify as a condition of payment that the work has been completed in accordance with the plans and specifications. 4. Certifioate of Completion and Final Payment. The COUNTY shall notify the CITY In writing when the work is completed. The COUNTY's notification shall be accompanied by a certificate of the COUNTY's professional engineer certifying completion of the work in accordance with the plans and specifications for the Project. S. Instruments of Title. After final payment the COUNTY shall execute appropriate irfetruments of title to reflect the party's interests in the line 6. Starting and Completion Dates. The COUNTY shall proceed with due diligence on the Project. In the event the COUNTY charges the contractor any liquidated damages for delay on the Project, the COUNTY will pay the CITY any liquidated damages less any costs which _ may have accrued to the COUNTY. 7. Contract Documents. The Project contract documents are as follows: A. Plans and epeolfications prepared by Masteller & Molar, Inc. B. The contract between the COUNTY and its general contractor, Including the change order specifically issued for the Project. C. The contract between the COUNTY and Masteller & Molar, including the change order. 8. ReggoWnation of Engineer. The COUNTY designated Masteller & Molar, Inc. as its professional engineer on this Project for the purpose of design and performing inspection services on the Project. 9. Beneficiaries...* The COUNTY acknowledges that the CITY is to be the beneficiary and owner of the Project. YO. CITY Du;tq to Pay. If for any reason the CITY is unable to use special assessments .to collect the cost of the Project from the beneficiaries of the Project, then the CITY shall nonetheless pay -the COUNTY from any legal source -of revenue, including the CITY's general fund. A. 2 r INDIAN RIVER COUNTY ID:407-770-5095 r - FEB 07'96 15=27 No.018 P.04 11. Severability. If any provision of this agreement. is held to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of this agreement shall remain in full Porde and effect. 12. Entirety. This agreement represents the entire understanding and agreement between the parties and no other agreements, either oral or written, exist between the parties. IN WITNESS WHEREOF, COUNTY and CITY have entered Into this agreement on the date first above written. test's,� • +� ��` ��`y •.��.t�„�L.?.� .i mow../•/ J K. Beton, Clem � :[..tip. ` Q•-.� - .�'_ . Attest: own Clerk Approved as to form and content: CA,i,- 0, . M � . L Clifton A. McClelland, Jr. City Attorney INDIAN VER. COUNTY By SOWS4 VUL= KennethR. Macht, r"hi.1` _.._�. 11118:nn 111W 61% Ar-i-rewti ACis ill 41'... j - %-- .g'. CITY OF SEBASTIAN F'::'"". t .•• -� -s;�� - F i14k Mt3f. r By cW, �4�6 Mayor STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 199 f e by , as Chairman, and Jeffrey Barton; as. Clerk, of Indian River R ver County Board of County &mmissioners, on behalf of said COUNTY. Th y-'& - personally known to Me. Notary Public: wl',-c-�t��. printed r►ame :pArAsGIA M. RODGELY Commission # ,�r. ,,�- my cows" ime � Exit . - eoMOFo tlsm Titov Fnw plsulullo�.lr1C • •tlR� STATE OF FLORIDA COUNTY OF INDIAN RIVER r The foregoing i struma t was a knowleoged before me this ay of 199, by I�r r ►t ��? , as Mayor, and 1�, Jerk, of the City of Sebastian Florida, on beha f said Wit'. T e a� personally known to me. uf►M: e�u.Ev »-- Notary Public: r w r oc sran� printed name: oaaee:.tum 19. IM Commission # eollare ltuvyotsl�r P1A�No u... ., r 1 �..Ilr .rrl I r•r•r.•l III Ir�wlr 1 I, I. III .rrlr Attachment: Exhibit "A" - Contract Documents - 3 - BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF UTILITYSER VICES 1840 25th Street, Fero Beach, Florida 32960 FAX (407) 770-5143 January 25, 1995 Mr. Joel Koford City Manager City of Sebastian Post Office Box 780127 Sebastian, Florida 32978 RE: INTERLOCAL AGREEMENT FOR INDIAN RIVER DRIVE WATER LINE PROJECT Dear Joel: Attached are two copies of the above -referenced agreement that have been executed by the County. One of the agreements (with exhibits attached) is for your file. The second agreement requires the City's authorized signature and is to be returned to my attention. Please advise when the agreement has been executed and I will arrange for it to be picked up by staff. Thank you for your assistance. Sincerely, Harr E . Asher Assistant Director of Utility Services HEA/aa cc: Terrance G. Pinto, Director of Utility Services 12/7 . 3/94 { agr�� riverfrt) Vk INTERLOCAL AGREEMENT between INDIAN RIVER COUNTY, FLORIDA and the CITY OF SEBASTIAN, FLORIDA Re: Construction of the Riverfront Water Pro ect THIS AGREEMENT, made this day of , 199 , by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, the address of which is 1840 25th Street, Vero Beach, FL 32960 (hereafter COUNTY) , and the CITY OF SEBASTIAN, FLORIDA, a municipal corporation of the State of Florida, the address of which is 1225 Main Street, Sebastian, FL 32958, (hereafter CITY), WITNESSETH THAT: WHEREAS, the COUNTY is constructing an extension of its public water system to the CITY limits; and WHEREAS, the CITY proposes to build a public water project known as the "Riverfront Water Project," hereinafter referred to as "Project"; and WHEREAS, the CITY finds it is in the public interest and will effectuate cost savings to have the COUNTY construct such Project; NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration, the receipt of which is hereby acknowledged, the COUNTY and the CITY agree as follows: 1. Description of Work. The COUNTY shall contract to have the Project built in accordance with the contract documents, as attached as Exhibit "A," by issuing change orders to its existing engineering and construction contracts for work in the vicinity of the CITY's project. The CITY must approve the COUNTY's change orders for the Project prior to the COUNTY executing them and shall also approve any subse- quent Project change orders which increase the CITY's cost. 2. moments. The CITY agrees to reimburse the COUNTY for the Project in the amount which the COUNTY is charged by its engineer and its general contractor, pursuant to the contract. - 1 - 3 . Progress Payments. The CITY shall reimburse the County within 30 days on the basis of applications which are submitted to the CITY and the COUNTY by the COUNTY's engineer. The COUNTY's professional engineer on the Project shall certify as a condition of payment that the work has been completed in accordance with the plans and specifications. 4. Certificate of Completion and Final Payment. The COUNTY shall notify the CITY in writing when the work is completed. The COUNTY's notification shall be accompanied by a certificate of the COUNTY's professional engineer certifying completion of the work in accordance with the plans and specifications for the Project. 5. Instruments of Title. After final payment the COUNTY shall execute appropriate instruments of title to reflect the party's interests in the line. 6. Starting and Completion Dates. The COUNTY shall proceed with due diligence on the Project. In the event the COUNTY charges the contractor any liquidated damages for delay on the Project, the COUNTY will pay the CITY any liquidated damages less any costs which may have accrued to the COUNTY. 7. Contract Documents. The Project contract documents are as follows: A. Plans and specifications prepared by Masteller & Moler, Inc. B. The contract between the COUNTY and its general contractor, including the change order specifically issued for the Project. C. The contract between the COUNTY and Masteller & Moler, Including the change order. 8. Designation of Engineer. The COUNTY designated Masteller & Moler, Inc. as its professional engineer on this Project for the purpose of design and performing inspection services on the Project. 9. Beneficiaries. The COUNTY acknowledges that the CITY is to be the beneficiary and owner of the Project. 10. CITY Duty to Pay. If for any reason the CITY is unable to use special assessments to collect the cost of the Project from the beneficiaries of the Project, then the CITY shall nonetheless pay the COUNTY from any legal source of revenue, including the CITY's general fund. :WM 11. Severability. If any provision of this agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of this agreement shall remain in full force and effect. 12. Entirety. This agreement represents the entire understanding and agreement between the parties and no other agreements, either oral or written, exist between the parties. IN WITNESS WHEREOF, COUNTY and CITY have entered into this agreement on the date first above written. INDIAN RIVER COUNTY Attest: By John W. Tippin, Chairman Jeffrey K. Barton, Clerk Attest: CITY OF SEBASTIAN Town Clerk UZ Approved as to form and content: Clifton A. McClelland, Jr. City Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER Mayor The foregoing instrument was acknowledged before me this day of , 199_, by , as Chairman, and Jeffrey K. Barton, as Clerk, of the Indian River County Board of County Commissioners, on behalf of said COUNTY. They are personally known to me. Notary Public: printed name: Commission # STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day - of , 199_, by , as Mayor, and Kathryn O'Halloran, as Clerk, of the City of Sebastian, Florida, on behalf of said CITY. They are personally known to me. Notary Public: printed name: Commission # Attachment: Exhibit "A" - Contract Documents - 3 - City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 SUBJECT: Approval For Submittal By: City Manager er ✓ EXPENDITURE REQUIRED: N/A AGENDA TRANSMITTAL AGENDA NO, 04'4,50 01 Dept. Origin: CM Joel L. Koford } Date Submitted: 01/06/95 For Agenda Of: 01/11/95 Exhibits: - Interlocal Agreement Between the } Indian River County and the City of Sebastian Re: Construction of the Riverfront Water Project AMOUNT BUDGETED: N/A SUMMARY APPROPRIATION REQUIRED: N/A The proposed "Agreement" is to provide the authority for the County to construct a water main on behalf of the City. Without this construction agreement, the City would have the additional expense of advertising, selecting a consulting engineer for the project, advertise and select a construction firm and provide the appropriate inspection and permitting. Under this proposed arrangement, the City will be utilizing an existing County contract which saves the City the costs associated with project mobilization and the selection costs previously outlined. RECOMMENDATION Approve the attached Interlocal Agreement between Indian River County and the City of Sebastian for the construction of the Riverfront Water Project. 1?/7 . A/9A�np�roo\rlvorlrt)vk INTERLOCAL AGREEMENT between INDIAN RIVER COUNTY, FLORIDA and the CITY OF SEBASTIAN, FLORIDA Re: Construction of the Riverfront Water Pro eat THIS AGREEMENT, made this day of , 199 , by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, the address of which Is 1840 25th Street, Vero Beach, FL 32960 (hereafter COUNTY), and the CITY OF SEBASTIAN, FLORIDA, a municipal corporation of the State of Florida, the address of which is 1225 Main Street, Sebastian, FL 32958, (hereafter CITY), WITNESSETH THAT : WHEREAS, the COUNTY is constructing an extension of its public water system to the CITY limits; and WHEREAS, the CITY proposes to build a public water project known as the "Riverfront Water Project," hereinafter referred to as "Project"; and WHEREAS, the CITY finds it is in the public interest and will effectuate cost savings to have the COUNTY construct such Project; NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration, the receipt of which is hereby acknowledged, the COUNTY and the CITY agree as follows: I. Description of Work. The COUNTY shall contract to have the Project built in accordance with the contract documents, as attached as Exhibit "A," by issuing change orders to its existing engineering and construction contracts for work in the vicinity of the CITY's project. The CITY must approve the COUNTY's change orders for the Project prior to the COUNTY executing them and shall also approve any subse- quent Project change orders which increase the CITY's cost. 2. PMments. The CITY agrees to reimburse the COUNTY for the Project In the amount which the COUNTY is charged by its engineer and its general contractor, pursuant to the contract. -1- 3. Press Payments. The CITY shall reimburse the County within 30 days on the basis of applications which are submitted to the CITY and the COUNTY by the COUNTY's engineer. The COUNTY's professional engineer on the Project shall certify as a condition of payment that the work has been completed in accordance with the plans and specifications. 4. Certificate of Completion and Final Payment. The COUNTY shall notify the CITY in writing when the work is completed. The COUNTY's notification shall be accompanied by a certificate of the COUNTY's professional engineer certifying completion of the work in accordance with the plans and specifications for the Project. &. Instruments of Title. After final payment the COUNTY shall execute appropriate instruments of title to reflect the party's interests in the line. 6. Starting and Completion Dates. The COUNTY shall proceed with due diligence on the Project. In the event the COUNTY charges the contractor any liquidated damages for delay on the Project, the COUNTY will pay the CITY any liquidated damages less any costs which may have accrued to the COUNTY. 7. Contract Documents. The Project contract documents are as follows: A. Plans and specifications prepared by Masteller & Moler, Inc. B. The contract between the COUNTY and its general contractor, Including the change order specifically issued for the Project. C. The contract between the COUNTY and Masteller & Moler, including the change order. 8. Desi anon of En neer. The COUNTY designated Masteller & Moler, Inc. as its professiontil engineer on this Project for the purpose of design and performing inspection services on the Project. 9. Beneficiaries. The COUNTY acknowledges that the CITY is to be the beneficiary and owner of the Project. 10. CITY Dutv to Pay. If for any reason the CITY is unable to use special assessments to collect the cost of the Project from the beneficiaries of the Project, then the CITY shall nonetheless pay the COUNTY from any legal source of revenue, including the CITY's general fund. MAC 11. Severability. If any provision of this agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of this agreement shall remain in full force and effect. 12. Entirety. This agreement represents the entire understanding and agreement between the parties and no other agreements, either oral or written, exist between the parties. IN WITNESS WHEREOF, COUNTY and CITY have entered into this agreement on the date first above written. INDIAN RIVER COUNTY Attest: By John W. Tippin, Chairman Jeffrey K. Barton, Clerk Attest: CITY OF SEBASTIAN Town Clerk By Approved as to form and content: Clifton A. McClelland, Jr. City Attorney Mayor STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 199_p by , as Chairman, and Jeffrey K. Barton, as Clerk, of the Indian River County Board of County Commissioners, on behalf of said COUNTY. They are personally known to me. Notary Public: printed name: Commission # STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 199 , by , as Mayor, and Kathryn O'Halloran, as Clerk, of the City of Sebastian, Florida, on behalf of said CITY. They are personally known to me. Notary Public: printed name: Commission # Attachment: Exhibit "A" - Contract Documents - 3 - I -ST LCA-P7- INTERLOCAL AGREEMENT FOR CONSTRUCTION OF THE RIVERFRONT WATER PROJECT IS AGREEMENT, made this day of September, 1994, by and between the City of Sebastian, (hereinafter called the "City").. and the COUN Y OF INDIAN RIVER, (hereinafter called "County"). WHERE the County is constructing an extension of its public water system to the Sebastian city limits; and WHEREAS, he City proposes to build a public water project known as the "Ri erfront Water Project,," hereinafter referred to as "project;" and WHEREAS, the City finds it is in the public interest and will effectuate cost savi s to have the County construct such project, IT IS, THEREFORE, GREED as follows: 1. DESCRIPTION OF WORK: The County shall perform the following described work or the Riverfront Water Project, in accordance with the contra documents, including all plans and specifications. 2. CONTRACT SUM: The Ci agrees to pay the County for the work described in the County Contract Amendment for the Riverfront Water Project the co ract sum which the County is actually charged by its general co ractor, but not to exceed the sum of SEVEN HUNDRED FIFTY THOUSAN DOLLARS ($750,000.00). The City must approve the County's con ract for the work on the Riverfront Water Project prior to the C my executing the Contract Amendment for the work on the project. 3. PROGRESS PAYMENTS: The City shal make progress payments on account of the contract sum to the Co ty, on the basis of applications for payment which are submitted o the City and which have been certified by the County's engin r. The County's professional engineer on the project shall ce 'fy as a condition of payment that the work has been completed in a ordance with the plans and specifications. 4. CERTIFICATE OF COMPLETION AND FINAL PAYMEN The County shall notify the City in writing when the work i completed. Within fourteen (14) days after receipt of such notic the City shall inspect the work and if the work is satisfactory, s 11 issue a final certificate stating the work has been fully pie ed and the City is accepting the work. The County's notifications all be accompanied by a certificate of the County's professional en ineer on the project certifying completion of the work in accordance with the plans and specifications for the project. The notice sh 11 also be accompanied by any written guarantees which the contractor 4 on the project has extended to the County with the written guarantees running in favor of the City. 5. BILL OF SALE: Upon the City making final payment to the County for the work which has been produced, the County shall deliver to the City a Bill of Sale conveying any right, title or interest the County has in the Riverfront Water Project to the City. 6. STARTING AND COMPLETION DATE: Construction under this Contract shall begin on the day of -Se) er, 1994 and shall be completed by the first day of 4-l-, 1995. In the event the County charges the contractor any liquidated damages for delay on the project, the County will pay the City any liquidated damages which accrue because of the failure of the contractor to complete the work on the Riverfront Water Project. 7. CONTRACT DOCUMENTS: The contract documents on which this Agreement is based and which contain the plans and specifications in accordance with which the work is to be done are as follows: A. Plans and specifications dated the day of , 1994, prepared by Masteller and Moler, Inc. which contains the fire hydrants, valves, rom,465 blow -offs, maim laterals and other party of the water distribution system for the Riverfront Water Project. B. The written interpretations of contract documents and directives to be made from time to time by the engineer. C. Any work orders issued by the County's engineer. D. The Contract between Indian River County and its general contractor, including the Addendum specifically issued for the Riverfront Water Project. The contract documents together form the contract for the work described in this Agreement. The parties intend that the documents include provisions for all labor, materials, equipment, supplies and other items necessary for the execution and completion of the work. 8. DESIGNATION OF ENGINEER: The County designated Masteller and Moler, Inc. as its professional engineer on this project for the purpose of design and performing inspection services on the project. The engineer will execute a certification in favor of the City acknowledging that the City is to be the beneficiary and owner of the project. K 9. DUTIES OF THE COUNTY: The County's duties and rights in connection with this project are as follows: A. Responsibility for and supervision of construction. The County's general contractor shall be an independent contractor who will provide and pay for all labor, materials, and equipment, including tools, construction equipment, and machinery, utilities, including water, transportation and all other facilities and services necessary for the proper completion of work on the project in accordance with the contract documents. 10. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT: The County will furnish the City an Indemnification and Hold Harmless Agreement from the contractor to indemnify and hold harmless the City and its agents and employees from any and all claims, damages, losses and expenses, including reasonable attorney's fees in case it is necessary to file an action out of the performance of work, for bodily injury, illness, or death, or for property damage, including loss of use, and caused in whole or in part by the contractor's negligent act or omission, or that part of a subcontractor or for that anyone employed by them or for whose acts the contractor or subcontractor may be liable. The County will also provided certificates of insurance from the contractor which insure the City as a named insured for the same amounts that the County has provided insurance in the contract documents for general liability or any other type of insurance the documents require. The County will insure the contractor will agree to pay for and keep in force during the entire period of construction on the project such liability insurance as will protect the City from claims, under worker's compensation and other employee benefit laws, for bodily injury and death, and for property damage, that may arise out of work under this Agreement, whether directly or indirectly by the contractor, or directly or indirectly by a subcontractor. 11. BONDS: The contractor will provide the City of Sebastian a payment and performance bond in accordance with the provisions of Section 255.05 F.S. for the amount of the contract to cover the Riverfront Water Project. 12. SEVERABILITY: If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of this Agreement shall remain in full force and effect. 13. WAIVER: The waiver by the City of any of the County's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the County under this Agreement. 3 IN WITNESS WHEREOF the parties hereto have set their hands and seals the day and year first written above. ATTEST: CITY: THE CITY OF SEBASTIAN By. Kathryn M. O'Halloran CMC/AAE, City Clerk Name: ATTEST: County Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER Title: COUNTY: THE COUNTY OF INDIAN RIVER By. Name: Title: The foregoing instrument was acknowledged before me this day of , 1994, by as of the CITY OF SEBASTIAN, FLORIDA, on behalf of the CITY OF SEBASTIAN. He/she is personally known to me or produced as identification. Printed Name: Commission Number: My Commission Expires: 4 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 1994, by as of INDIAN RIVER COUNTY, FLORIDA, on behalf of INDIAN RIVER COUNTY. He/she is personally known to me or produced as identification. Printed Name: Commission Number: My Commission Expires: 5 INDIAN RIVER COUNTY UTILITIES DEPARTMENT 1840 25TH STREET VERO BEACH FL, 32961 TO City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 WE ARE SENDING YOU UTIL (NLOTSEB.HEA) LETTER OF TRANSMITTAL DATE: September 13, 1994 JOB NUMBER: US -93 -30 -DS ATTENTION: Joel Koford RE: North US 1 Project SSQ 1�,5 ed _X Attached _ Under separate cover via the following items: _ Shop drawings _ Prints _ Plans _ Samples _ Specifications _ Copy of letter _ Change order I COPIES I DATE I N0. I 1 6/7/94 DESCRIPTION Bid sheets for the CR 510/US 1 Project THESE ARE TRANSMITTED AS CHECKED BELOW: For approval Approved as submitted X For your use _ Approved as noted As requested _ Returned for corrections For review and comment Resubmit _copies for approvaL Submit _copies for distribution Return `corrected prints FOR BIDS DUE 19_ _ PRINTS RETURNED AFTER LOAN TO US If you have any questions, please contact this office at 770-53122.. COPY TO: SIGNED.=r� IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE Harry E. Asher Assistant Director of Utility Services Department of Utility Services SEP 21 '94 09:41AM I R CO UTILITIES Telephone: (4067) 5674XW BOARD OF COVNTY COMMISSIONERS 1840 23th Son4t, Vero Awch, Florida .92980 DEPARTMENT OF UTILITY SERVICES FAX NO: (407) 770-5143 DATE: q --Pa �" ATTENTION: � Qrltl� COMPANY: l ,.I� �l� SP haiab ali PAX NUMBER: FROM: P.1 You should receive a total of C05. pages, including this cover page, If you are not receiving clearly, or do not have all the pages at the end of this transmission, please call Ana Anderson at (407) 770-53110 (FAXCOVER•AA) SEP 21 '94 09:41AM I R CO UTILITIES Q P.2 ForM-pf Aareeiq= FORM O EMENT INDI R COUN OJECT 0IM-93-30—D$, m1my RO ' HATER TR ► I.aSION PE04MCT INDIANTIER C UNTY, XLPRIDA THIS AGREEMENT made and enteral into on the day of Agapwr , 19 44- , by and between: (name) ,��,,� Gam .3c_v(pA3 (address) r"'_o-. *mac -_69 � hereinafter called the Conttactor, nd INDIAN RIVER COUNTY, a Political Subdivision of the State of Florid organized and existing under the Laws of the State of Florida, herei after called the County. WITNESSETH: That the Contractor and the County, named, agree as follows: for the consideration hereinafter Artiale 1: SCOPE 4F THE WORK: The Contractor shall furnish all of the materials and perform all the work hown on the Drawings and described in -the Specifications entitle INDIAN RIVER COUNTY PROJECT #UW -93 -30 -DS, COUNTY ROUTE 510/U S. HIGHWAY #1 WATER TRANSMISSION SYSTEM for Indian River County, Florida and shall do everything required by this Agreement and Cont=act Documents, Artfcle,2: COMMENCEMENT AND COMPLET]'ON; The Contractor will be required to commence work under this Controf within ten (10) calendar days after receipt of the Notice to. Pro sed and shall complete the project within Qne Hundred Twe tv, (=) c lenda�r days for the portion of the project south of Stratton Avenue an ne Hundred Eighty, (180) calendar days for the portion of- the project north of Vickers Road as specified in the- Bidding and General Requirements-* The Contractor agrees to reimburse Indian River County, Floida, as liquidated damages for each calendar day elapsing between the ate herein specified as the day of full completion and the actual day of such completion of the contract work the amount of four hundred fifty dollars ($450:00) per calendar day. Time is of the essence. Artiol 3: THE -CONTRACT SUM: The County will pay the Contractor for performance of the Contract, subject to additions and deductions provided therein, in current funds as follows: Numerical Amount: ► , %M'7.040 94r written Amount: 01JE tWJ &4 J PAJ 001!5. -rH ! JerY.�-eVeAJ SEP 21 '94 09:42AM I R CO UTILITIES Fa f Aaree%gt:L. L ant 1 P.3 Miall 4: PROGRESS PAYMENTS: Thcounty will make partial payment during the progress of the work as %proved by Indian River County and the Engineer. Article • ACCEPTANCE AND FINAL PAYMENT: upon receipt of written notice that the work is ready for final inspection and acceptance, * the County Engineer will promptly make such inspection and when he finds the work acceptable under the terms of the Contract and finds the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work provided for in this Contract has been completed, and acceptance by him 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 County following County Commission approval sof the final Contract payment. Before issuance of final certif ica,:e, the Contractor shall submit evidence satisfactoty to the Engineer that all payrolls, material bills, and other indebtedness Gonne ted with the work have been paid, An aff idavit must be submitted by the Contractor to the Engineer stating that all indebtedness tonne ted with the Work has been paid. Such affidavit will be signed by duly authorized officer of the contracting firm, will bear the fi Is seal, and will be notarized and attested by two witnesses. A Waiv r -of -Lien form Signed by a duly authorized officer of the'subcontrac ing firm, nortarized and attested by two witnesses is required from ea h Subcontractor engaged under the scope of this Contract, and must accompany the request for final payment. The making and' acceptance of the final payment shall constitute a waiver of all claims by the County, other than those arising from unsettled liens, from faulty work appearing after final payment or from requirements of thepecifications and of all claims by the Contractor, except those previou:ly made and stili unsettled. Axt�jc a 6: THE CONTRACT DOCUMENTS: Advertisement for Bids, Addendum as Required, Bidding and General Requirements, Bid Proposal, Questionnaire, Form of Agreement, Firal Payment -Contractor, Affidavit, Final Pay Request, Payment & Performance Bond, Technical Specifications, and the Drawings, form the Contract and they are as gully a part of this Contract as if the same were hereto attached or herein repeated. SEP 21 '94 '09:42RM I R CO UTILITIES P.4 3 1.1.. Forr of &=ex ,&r„ fid. SJe 7 Z, LIABILITY INSURANCE: the Co�ttractor, on his part, agrees to protect, indemnify, save harmless and ensure Indian River County and Mastaller & Moyer, Inc. from any liability to any persons for injuries to the person, including losu of life., or damage to property, resulting from the acts -or omissions of the Contractor, or any subcontractor, or the officers, • employees or agents thereof, in performing his obligations under this Contract. Th9 parties expressly recognize that the relationship between the County and Contractor is that of independent contractors, and that neither the Contractor nor any of his' servants, agents or employees shall aver be considered to be an agent,_ servant or employee of the County. ;le PAYMENT &•PERF"ORMANCE BOD: The Contractor shall furnish the County imme4iately upon acceptan a of the Bid, and prior to any obligation of the owner to execute th s Contract or to issue the Notice to Proceed, a Payment & Performane Bond in the penal sum of, the. contract amount, with"good and sufficient suretie®, conditioned upon_ the performance 9f this Contract by the Contractor in accordance.. with the terms and conditions hereof, within the time herein provided, and with the additional obligation that such Contractor shall promptly make payment to all persons supplying him labor, materials -and supplies, used directly or indirectly by the said Contractor in the prosecution of the work provided for in this Contract, For any Contract upt exceeding $100,000.00, the Count Commission may, - by resolution, Waive the requirements for a Perfo ante Bond as required in this paragraph, and substitute in lieu t ereof another suitable form of surety. SEP 21 '94 09:42RM I R CO UTILITIES P.S 1. l 1 _ F'rsrzn t f A grc P,nte t =ntldl 0 IN WITNESS WHEREOF, the -parties hereto have executed this agreement the day and year first written above. 01 ( Contractor )t9C 4r� :7AG. Signed and sealed by the It FF =V. contract i thepresence of: Signed and sealed by the Owner in the presence of: BY:if Y A Attest: INDIAN RIVER COUNTY (Owner) By:• .11/. r r17.l�iA0r1,% 0 0 ADDENDUM #1 Indian River County Project mUS-93-30-DS County Route 510/U.S. Highway #1 Water Transmission Indian River County, Florida DATE: June 3, 1994 FROM: Masteller & Moler, Inc. TO: ALL BIDDING CONTRACTORS This Addendum is issued in accordance with Section 1.2.3. and the following additions, revisions, deletions and clarifications are hereby incorporated into the contract documents including seven (7) diagrams included herewith. MINUTES OF THE MEETING HELD ON MAY 31, 1994. AT 2:30 P.M. The following items were discussed at the Pre-bid meeting: 1.) The right-of-way permit to be acquired by the Contractor from Indian River County requires no fee. 2.) _ Time of completion does not include the acquisition of FDEP clearance of water mains. Time of completion does however, include construction of all water main complete, preparation of as -built drawings, all testing and restoration. As-builts are to be completed (30) days prior to the termination date for each portion of the project. 3.) A quantity of 12,000 lineal feet of poly wrap for the ductile iron pipe water main has been included on the bid form. It shall be the contractors responsibility to contact the Ductile Iron Pipe Research Association (DIPRA) to perform soil sampling along the route of the project for the determination of poly wrap requirements. Poly wrap will be installed on an as needed basis as determined by the DIPRA investigation and Indian River County Utilities. As a courtesy, the Engineer has contacted DIPRA to advise them of this project and to request scheduling of the investigation. 4.) The valve depicted on Sheet 21 but not shown on Sheet 3 has been deleted. 5.} The plug valve called out on Sheet 23 has been revised to be a. butterfly valve. 6.) All paving restoration on this project is bid on the basis of length of restoration required measured along the centerline of the water main at those locations cross -hatched on the r] 18.) No sub -surface investigation was completed on this project. 19.) Dimensions for the trust block foundation for aerial crossings have been included on the contract plans. (See attached detail). The following items not specifically discussed at the Pre-bid Meeting are added to clarify the Contract Requirements: 20.) At the request of William McCain of Indian River County Utilities a unit price is requested for various water main service sizes in the bid form. 21.) Specifications Section 2.2.4. Water Main - Cement lined ductile iron pipe has been revised from 2 mil thick external bituminous coating to 1 mil thick minimum. 22-.) Specifications Section 1.10.1 has been revised to adjust quanitities in accordance with items discussed herein. 23.) Added existing utilities at -FEC boring.. (see attached). 24.) All 16" diameter water main borings are to be vlaced within 30" diameter steel casinos (FECRR bore 7/16" wall thickness) - (Hicxhwav bore .312" wall thickness). Please indicate receipt of this Notice by completing the bottom portion of this Notice and returning a copy BY FAX to Masteller & Moler, Inc. You are required to include an executed copy of this Notice with your submitted bid. ADDENDUM 701 received and considered by: Name of Bidder (Please Print) SPEEGLE CONSTRUCTION, INC. Name of Bidder's Representative - LU ANNE WILLIS (Please Print) Signature of Bidder's Representative `�r�, .<�-�► /,�/�; i Title: VICE PRESIDENT Date: 6-7-94 File „'9341L 9341addn M ;. 1, Q, 4. Bid Bond BID BOND XNOIN ALL MEN' •BY V.-ITESE PIRrSIrNTS, thPkt SPEEGLE_ CONSTRUCTION, INC . Cocoa, FL 1�923-2089 w.. called Post Office Box 2089, Coco (hare-inafter Principal) and THE AMERICAN INSURANCE COMPANY (her einaf ter c*a].led 't`.he Surety) a Corporation duly authorized vtr.,der the laws of the State of I'llorida with its principal off ices in the Ci,4y of Novato, CA and authorized to do business in the State of Florida are held and firmly bound unto INDIAN RIVER COUNTY, FLORIDA as Obligee, hereinafter called the obligee, in the largegt amount for which award can be made sum Of FiXe.,ppfcent of the Dollars 51% for the" pafyrnantt of which sun, will and truly to be n ade, the said Principal and the said Surety, bind ourselves, our heirs, administrators, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents* WHEREAS, the Principal is about to submit or has submitted a bid for COUNTY ROUTE 510/US HIGHWAY #1 WATER TRANSMISSION IRC BID NO 4084 WHEREAS, the Principal desires to file this Bond in accordance with law, in lieu of a Certified or Cashier's Check otherwise required to acconn.pany this Bid, NOW, THEREFORE, if the Obligee shall accept the Bid Of the Principal and the Principal shall enter into a Contract with the obligee in accordance with the terms of such Bid, and give such Bond or Bonds as' may be Specified in the Bidding or Contract Documents with good and sufficient Surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosection thereof, . or in the event of the failure of the Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for which the Obligee may in good faith contract with another party to perforn. the Work covered by said Bid, then this obligation shall be null and void, otherwise to re -main in full force and effect. SIGNED AND SEALED THIS 8th day of June 1 19 94 SPEEGL�CONST'*RUCTION, INC. PriAcipal Seal � Witness ,/T;HE AUMERIC /IINU�RANE COMPANY y Sure y IWO f Tom S. no, III Attorney -in -Fact & T-litn Betty 1:rail Title Licensed Resident Aaent Agent nust- attach current Power of Attorney I.lo.-�_suretvfs consent SURETY'S CONSENT That for and in consideration of the sum o: One Dollar ($1.00)1 lawful of the United States, paid the undersigned corporation and for other valuable considerations, the receipt whereof is hereby acknowledged, the THE AMERICAN INSURANCE COMPANY 777 San Marin Drive Novato, California 94998 , consents and agrees that, if the Contract for which the preceding Proposal is made be awarded to SPEEGLE CONSTRUCTION, INC. Post Office Box 2089 Cocoa, Florida 32923-2089 this Company will become bound as surety for its faithful performance, and will execute the Payment Bond following section 11, Division 1 hereof, and if the said THE AMERICAN INSURANCE COMPANY 777 San Marin Drive - w Novato, California 94998 shall omit or refuso to execute such contract within ten (10) days from the time when notified so to do, then the undersigned corporation will pay, without proof of notice, on demand, to the said INDIAN RIVER COUNTY. FLORIDA , any difference betwocn the sum which the next highest bidder, or the person, persons or corporation to whom. the Contract shall be finally awarded, would be entitled to receive upon such co.�.mletion and the amount of the foregoing Proposal, the amount of said difference to be calculated upon the estimated amount of work by which the bids are tested. If more than one surety executes this consent, each such corporation shall become bound, jointly and severally, by the terms thereof. IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its proper officers and its corporate seal to be hereto affixed this 8th day of June A.D., 19 94 NOTE: The surety must sign below and state its place of business or residence: THE AMERICAN INSURANCE COMPANY 777 San Marin Drive, Novato. CA. 94998 .,_,,. BY��— __ Tem S. Lobrano, III Attorney -in -Fact & Licensed Resident Ager (Attach acknowledgment and statement of surety or sureties here.) G12%%—RhL. ��F TSE A CMCA.N INSURANCE COMPANY ,KNOW ALL MEN BY THESE PRFSEN7&- That THE AMERICAN llMRANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 2t). ISM. and redomeu ted to the State of Nebraska oa June 1,1"0. and having its prindpal office in the City of Omaha. State of Ncbsalsl a. has made. constituted and appointed. snid does by these presaents make. constitute and appoint JAMES C. CONGELI O . A. B. LYNCH, JR. and TOM S. LOBRANO, III, jointly or severally JACKSONVILLE, FL its true and Iswful Attorney{s)-inrFaclk, with f U power and authority bm eby conferred in its name; place and Aesd, to cee=te, seal, acknawl dgue sad deliirerr say rad &.0 bonds, tint�lti�inf j, .1. r. . y.. rr Ir +1 or other written obligations in the natum thereof, for all obligee s induding any and all co usents rwptmd by j the DepartzomA of Tvansprntatiao, eta of Fl AII, iacidea�t to the trine of � p�+eat:ges and/or &t�,al estime►te�. -- smd to bind the thatby as fully► and to the same cum as if socb boeids were stgnead by the Pseddtst„ scaled with the Yx seal of the Cracpored gill and duly attested by is So:r etary. hereby raWyios and eoaBra ft all that the said Attornc Wn-Faet may do in the This powcr of attorney is granted pursuant to Article VII, Scrum 45 sad 46 of By-laws of TI -M AMERICAW114SURANCE COMPANY now in ft1l force and effax. "Arsick YII. LqW Pr*c= a•d Mxie App Section 4L ppatatmesL The Onkman of tis DOW of D6ueesors. the Pruesidaat, any'Vice-PnAdest of asy odw person authorind by tie Board of Diredoes, Kia Cbalhoan of the Board of Dinxto s, the Pnoideat or xvy VkaPrut ddest may, fron else to time. appoint Resident Axdstmd Secretaries and 40L2WseyaHs4set to , .,, , . 11 axd act for and on behalf of the Corpomdou stud Agent: to scorpt tqd prc eta sad make aappewu as for and on bebalt of the: Carporadoe. Section 46. Antborit>r The authority of unci Resident Assistant Se attasiwsc, AttoraeyMn-Fad seed AMU sl:all be as pre erbed is the iastrawat e+ideadn= tiefrappohtawat. Any such sppointand and all authoritygranted tbareby say be mokesd at nay dma by tis Bored of Recon or by any paws empowavd to mats sseb appointmentr . This poen of attorney is signed and sealed nada and by the authority of the: following Resolutionpt by the Board of Diraetors of THE AMERICAN INSURANCE COMPANY at a mating duly called and bold on the 31st day of July. 1984. and said Rasoliihas not been amended or repealed: 'RESOLVED, that the si=nvm of any Vice -President. Asdssam 3 w r, .. and Raident Asastant Seactar'y of this Cos7Poration. and tbiw seal of this Cary me ado is may be affiuod or printed on any power of auctagX on any n%vcadm of nay power of atttornm cc on any eerdiiote rdadmi tbacto, by facsimile. and any pcmra of auomt% anyrev of any powar of attoraoA or cexd8cate bearing sur h facsimile slue or farimSe seal shalt be valid apd baa = upoutbecorporadoe Ir IN Wil'P = WHEREOF, THE AMERICAN INSURANCE COMPANY has caused dwe pr+esems to be sWW by its Vloo-Pie:ideat, and its corporate scat to be baranto wed ft 2nd dayof January STATE OF CA 1FORNIA COUN`ff OF MAKIN 2nd January I9... z if IT rvivl a WP-04��Vr� R 9.4, F.J M , mi F: �-. V'- �.' , I - ---- 92. R. D. Farnsworth On this day of 19 before: me pacame tt* m�.e��iy'a�own, wbo, bmg by' melt d* xwcrn: did dapoa; and say: that,_}Lh.e is Vioo-Fraidan of THE Ah��RICAN DGURA14M 4�DRMA. Y.tt�b�o.�C{��aryoratita�n V.cwzn\Ii i�vbkb Irirrr r� abom?N11Y.i 11M1 r111.�b*� Wr�ot� �dathead aftbod to ft� w rr Y343&lr.i sl r.ln seat; that it was so aftted by order of** Bead of Ditectas of said Corporation and that be signed Was= A pie pro by 1ft order. IN R U?MS WHERME, I hm bermato act my band and affhted my of fel seal. the day and year beaain first above writtsa. .�. OFMLAL NOTARY W& A KRiEWA w•t Mr+�lzift caft7ft pj t,,Ay COee!!n GX¢ tA4►A 2Qs9as �.sti,i 1� aa1.ATE STATB OF CALIFORI" ss. COUNO YOFMA UN I, ihi: Qi r i ,1�. i i S.., -: , of HE AiTiSriVL\r.A i:w LW.A1iRir COi7iPA. L* a NEBP k lKA C...1 ..11DO HEMY CERTIFY that the fad sad attar -heti POWER OFATIIDRNEY rezusiatin fall facer and has tot boat revoked; and furtbamom that Article VII, Sem 45 and 45 of the BT-tte.-c of the Corporation, and the Rcwhdm of the Board of Dk=mwg set forth in the Power of Attonw% at now in force. Ski end sealvcf at the County of Marin. Dated the $ t h day of June , l9 5.,.. .w. 1.10.1. Farre of Prooasal, BID PRO= OSP_L IND N RIMER COt��TTY , FLORIDA Q Proposal SPEEGLE CONSTRUCTION, INC. (Bidder's Name) _ P. 0. BOX 2089,_Cocoa, FL 32923-2089 (Bidder Is Address) to furnish and deliver all materials and to do and perform all work in accordance with the Contract Documents attached hereto for the INDIAN RIVER COUNTY PROJECT ;UW-93-30-DS1 COUNTY ROUTE 510/U.S. HIGHWAY F"l WATER TRANSMISSION PROJECT, Indian River County, Florida. To: The County Administrator, Indian River County 1840 25th Street Vero Beach, Florida 32960 Gentlemen: + The undersigned Bidder has carefully examined the Contract Documents and the site of the work and is familiar with the nature and extent of the work and any local conditions that may in any manner affect the work to be done, and the equipment, materials and labor required. The undersigned agrees to do all the work and furnish all materials called for by said Drawings and Specifications, in the manner prescribed therein, in accordance with the Contract Documents and to the standards of quality and performance established by the Owner, for the Unit Prices stated in the Bid Schedule, for each of the items or combination of items stimulated. It is understood that certain quantities shown in the schedule are approximate only, subject to increase or decrease and for the purpose of bid comparisons for determination of low Bidder. It is further understood that payment will be in accordance with quantities placed in the construction as more specifically provided in the Instructions to Bidders and Technical Specifications included as part of the Contract Documents. bN 1. To do any extra work, not covered by the above schedule of prices, which may be ordered by the Engineer upon authorization by the County Co -.;Mission, and to accept, as full compensation therefore, such prices as may be agreed upon in writing by by the Engineer and the Contractor. I i r - r I 11 1.!0.2. Non -Lc! -1LS-on Affidavlt.a of Pri e 3n -id (C -n -?=Id) Bid or Contract No. . 4084 SWORN STATEMENT UNDER SECTION 287.133 (3) (3) , FLORIDA STATUTES, ON PU3LIC ENTT Y CRTM�S (To be signed in the presence of a notary public or other public Officer authorized to administer oaths) . " STATE OF FLORIDA COUNTY of BREVARD Before me, the undersigned authority, personally appeared JAMES T. SPEEGLE , who, being by me first duly sworn, made the following statement: 1. The business address of P. 0. Box 2089, COCOA, FL 32923 (name of bidder or contractor) is SPEEGLE CONSTRUCTION, INC. 2. My relationship to SPEEGLE CONSTRUCTION, INC. (name of bidder or contractor] is PRESIDENT (relationship such as sole proprietor, partner, president, vice president). 3. I understand that a public entity crime as defined in Section 287.133 of the Florida Statutes includes a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or such an agency or Political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 4. I understand that "convicted" or "conviction" is defined by the statute to mean a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendre. 5. I understand that "affiliate" is defined by the statute to mean (1) a predecessor or successor of a person or a corporation convicted of a public entity crime, or (2) an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime, or (3) those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or (4) a person or corporation who knowingly entered into a joint venture with a t =-rson who has heen convict -'ed of a public entity crime in Florida during the Preceding 36 months. 1.10.2. Non -Collusion Affidavit of Prime Bidder (Cont'd) . I'le—i he- r . 6, the bidder or contracto_ nor any officer, director, executive, Dar, "%_-:1ar, shareholder, employee, meF"her or agent who is active in the r:.ana;e-e It of the bidder or contractor nor any affiliate of the bidder or contractor has been convicted of a public entity crime subsequent to July 1, 1909. [Draw a lire through paragraph 6 if paragraph 7 below applies] 7. T., ere has been a conviction of a public entity cr* the bidder or co L actor, or an officer, director, 'ex ve, partner, shareholder, employe member or a ent of the bi or co t ' g ontractor who is active in the managemen the bidder or Tractor or an affiliate of the bidder or contractor. ete ion has been made pursuant to Section 287.133(3) by order of 'vision of Administrative Hearings that it is not in the c interes r the name of the convicted person or affiliate t pear on the convict endor list. The name of the convicted son or affiliate is 0 A copy of the er of the Division of Administrative He s is attached to this tement. [Draw a line through paragraph 7 if paragr h 6 above applies[. AMES T: -SP LE,' ESMENT Sworn to and subscribed before me in th state and cou ' y first mentioned i above on the 8 day of JUNE 94 _. Notarl-, pl-l' i DIANE S. FORADER State of Florida MY Comm- E 7..,�y. 5, ico5 My commission expires (affix seal) I 1.10.1. Form of Proposal (Con't)• Trench Safety, Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Fla.) effective October 1, 1990. The bidder further identifies the costs to be suniaarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) (LF, SY) A. %zzwe �� .. lova.00 a000, cid C. D. Total $ C-:5oDe3• c)v Failure to complete the above may result in the bid being declared non-resppnsive . P. 0. BOX 2089 Si ature " ES. �' �SPFFAI F Address �DPIPPrZMFNT Title CGC 000789 License Number (If Applicable) (SEAL - if BID is by a corporation) ATTEST: 6-8-94 Date a 1.10.3. Questionnaire, OT.TESTIONN TRE The undersigned guarantees the truth and accuracy of all #i statements and answers herein contained. 3 (Pie -se use additonal sheets as necessary to fully answer questions) 1. How many years has your organization been in business as a General contractor? 23 Years 2. What is the last project of this nature that you have completed: �fF /9 r -Me F* 3. Have you ever failed to complete work awarded to you; if so, where Y P and why? NO 8. What equipment will you purchase for the proposed work? 4. Nan, e three (3) individuals or corporations for which you have performed work . and .to which you refer: /Ab/A J ,42/✓Fla &WAI Tl -f 5. Have you personally inspected the proposed work site and have you a complete plan for its performance? C/1 6. Will you sublet an part of this work? If so, give details: `J/ ce 41 4�S - elvr 1s ,P.ARD Ac elwe- /Q,��cIA[T �iOTz'1� 7. What do that is for the equipment you own available work? 8. What equipment will you purchase for the proposed work? 1 1 O . Z . Non -Collusion usion A_f `i ? d=avit o; Pr imie Bidder State of Florida, County of Indian River JAMES T. SPEEGLE being first duly sworn, deposes and says that: (owner, partner, office=, representative or agent) He is PRESIDENT of SPEEGLE CONSTRUCTION, INCthe Bidder that has submitted the attached Bid: He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid: Such Bid is genuine and is not a collusive or shat Bid; Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agree, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement of collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or any other Bid, or to fix any overhead, } profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against Indian River County or any person interested in the proposed Contract; and The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement, on the part of the Bidder or any of its agents, representatives, owner, employees or parties in interest, including this affiant. He further warrants that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employee5'or bona fide established commercial or selling agencies maintained /by SPEEGLE CON STRUCTTrWntractor) (Signed)'�'�! (Title) PRESIDEN�, Subscribed and sworn to before r:.e�t is 8 day of JUNE 19/94 My cc:.-ission expires: DIANE S. FORADER Male of Fl. rida My Comm Exp. Aug. 5,1cc5 1.10.1. Form of Pr000sal (Con't) ITEM APPROX. UNIT UIN I T TOTAL 20. QUANTITY MEASURE ITEM DESCRIPTION PRICE PRICE, 28. 1500 LF NON -PAVED DRIVE RESTOR. $ 2.00 $ 31000. 29. 15,320 LF SOD 1.80 27,576. . 30. 2000 LF SEED & MULCH .30 60 0. 31. 12,000 LF Polyethylene Wrap 1.00 129000. 32. 2 EA 211 DIA. LONG SERVICE 19000.00 29000. W/METER BOX - 33. 2 EA 11 2DIA. SHORT SERVICE 400.00- X300. O. BOX 34. 2 EA I" DIA. LONG SERVICE 500.00. 1,000. W/141ETER BOX 400.00 800. 35. -2 EA 111 DIA. SHORT SERVICE W/METER BOX TOTAL AMOUNT BID ................ $ 0^�F_ Written Amount of Total of Bid The above "Total Amount Bid" for items #1 through #35 shall be the basis of award of the Contract. The owner reserves the right to reject any and/or all bids. 1.10.1. Form of Proposal (Con't) SCHEDULE OF QUANTITIES, -RICES AND TOTAL BID IhTDIAN RIVER COUNTY PROJECT „-`"US-93-30-DS COUNTY ROUTE 510/U.S. HI G'H74AY 7#1 WATER TR.nNSMISSION PROJECT INDIAN RIVER COUNTY, FLORIDA General: The contractor shall furnish all labor, superintendence, materials, plant, power, light, fuel, water, tools, appliances, equipment, supplies, and all other means of construction for properly performing the work. ` ITEM APPROX. UNIT UNIT TOTAL NO. OUANTITY MEASURE ITEM DESCRIPTION PRICE PRICE 1. 1- LS MOBILIZATION - LUMP SUM $y1f7519.&0 2. 24,325 LF 16" DIA. DIP W -M $.7S00 4pg,/o2Soo 3. 100 LF 12" DIA. DIP/PVC WM 17.00 1,700. - 4. 25 LF 10" DIA. DIP/PVC W -M 12.00 - 300. 5. 100 LF 8" DIA. DIP/PVC WM 10.00 19000. 6. 100 LF 6" DIA. DIP/PVC '6M 8.00 800. 7. 47 EA FIRE HYDRANT ASSEMBLY o?aoo.eo 9S/oov.d� 8. 30 EA 1611 DIA. BUTTERFLY VLV / ro, vao 9. 2 EA 12" DIA. GATE VALVE 8bO. UU 19bUU. 10. 7 EA 8" DIA. GATE VALVE 4=. :3915U. 11. 4 EA AIR RELEASE VALVE W/ 14=. 5, bUU. CONCRETE BOX 12. 1 EA 10" X 10" WET TAP W/ 2000.00 29000. TAPPING VALVE 13. 1 _ EA 8" X 8" WET TAP W/ 1500.00 19500. TAPPING VALVE •14 . 1 EA 8" X 6" WET TAP W/ - 1200.00 19200. TAPPING VALVE -15. 2 EA 6" X 6" WET TAP W/ 120-0.00 29400. TAPPING VALVE 16. 25 TON FITTINGS -Q 7N-6 17. 5 EA 16" DIA. AERIAL CROSSINGS c, a?S�oo. uo 18. 1 LS JACK & BORE CR #510 _Q00. /3000.c� /3000.00 19. 1 LS JACK & BORE FEC c2koo.o& Q8000 -0c)21. l LS JACK & BORE U.S. HWY Irrl c>?rvoo.ou oL000.va -21. 1 LS JACK & BORE U.S. Hip=Y T l /�oCO. oto. /5/000.00 SOUTHERN END WHISPERING PALMS 11HP 22. 1 LS JACK & BORE U. S. g7jy r 1 A/000. Oo /Slvoa. ov NORTHERN END WW"HISPERING PALMS ? c -P 23. 1650 LF SID-t74ALK RESTORATI0:.1 7.00 - 11,550. 24. 10 0 LF CLUB REST0Rk T1'_v 12.00 11200. 2�. 100 F Lr r..V�D ROAD :C" r_`��. , F �' ST IC11 20.00 38,000. 26. 150 LF NON -PAVED ?CAD=ESTvR. 4.00 600. 27. 2000 LF -=X-VETJ:cESiCR::.i?G'_� 15.00 39t=. 1.10.1. Form of Pr000sal (con't) 2. To begin work within ten (10) calend-a-z- days from the date of receipt by him of Notice to Proceed, and 't -o cc=plete the work no later than One Hundred Twenty, (120) calendar days for -'%,.he portion of the project south of Stratton Avenue and One Hundred Eiahtv (180) calendar days for the portion of the project north of Vickers Road after receipt of Notice to Proceed. 3. To reimburse Indian River County, as liquidated damages, for each calendar day elapsing between the date herein specified as the date of full completion and the actual date of such full completion of the contract work, the amount of four hundred fifty dollars ($450) per calendar day. Dated this day of JUNE 1 19 94 Respectfully submitted, SPEEGLE CONSTRUCTION, INC. Contractor P. 0. Box 2089 COCOA, FL 32923 Address 407/632-8164 Phone By: '/JAMES T. P EGL PRESIDENT Gly NEtAL POWER RNEYF TtIE AMERICAN INSURANCE COMPANY INOW ALL MEN BY THESE PRESENTS:- That THE AMERICAN INSURANCE COMPANY, a Corpon tuoa iocorporrted under the taws of the State of Nen► Jersey oo February Z0,1846, and redome stinted to the State of Nebraska on June 1. 1990, and having its principal office in the City of Omaha, State of Ncbraska. has made, constituted and appointed, and does by these presents maize, constitute and appoint JAMES C. CONGELI O , A. B. LYNMI JR. and TOM S. LOBRANO, III, jointly or severally JACKSONVILLE , FL ids true and lawful Attorneys}in•Faet, with fblt power sad =tbmz herreby enferred in its nama, plana and stead, to a a ate, sud, ackwwledgs and deliver say and all bonds, nndeartaidngt reewgaissnm or outer writUn obligations in the nature tbc=+ 4 for all obligees inchuli= any and all cau tints reT rad by the Department of TraasporesdM & azo of ybrids, imride st to the release of reamed pw= atage s aadl;or final a stiametes. ated to bind the C,, U..- .:. ... dx SS fWIY and to dw um as~ as if such boaft were� i.by the �i ideal, soled � the � � Y 1/ le � of the CIM I y W'4 b Y ... nerd duly ancswd by lts YammuX bcmby rzif*g sad ooex&udag st! tbu the said Aucc=7(t)io-Fsat may do is the,, .. ..- _» Tisis power of attorney is paatod pursoant to Article VII, Sections 45 and 46 of By-laws of TM AMERICAN I MILALNCE COMPANY now is lull force and cffecL "Article VIL Appolanust aced Aotira -ft of swept LeptProem andMateAppearseem Sectio. 4S Appobftw rt The tbrmss of tis Board of DhvdoM tie fteddewg say Vkue-ftaika or s4 otba pasoa as:horfnd by the Board of Dhictors, tie Cbdrm an of the Board of IIiy .. ,res, the est or nary Vere -President may, froa fte to tiara, sppolst Resident Asalst M Secretaries and, Attoruas-iw bd to . , .3 and set for mW on bebdf of the Corpontdom acrd Agents to accept kgd proem and sake sppeaursoc eves for sad on behalf of the c4epoestim Secdos 4i. Antboft The aotboritt of socb Reddest Asdstaid S Attoraeis-in-Fact sal *gab $has be is prescribed b the haftwoust e♦ideodag OWNa . Asiysueb appolatmart cud all sutbority gr,sted thereby may be moked at any tine by the Board of Directors or by any person empowered to aeske stack appointment." This power of utoraey b signed and sanded under and by the authority of the following Resoltuion adopted by the Bond of Directors of THE AMERICAN VORMANCE COMPANY at a moetiag duly called and held on the 31st day of July,1984, and said Rcsoltsdotl by not been amended or rcpeve& "RESOLVED, that the stgasttae of say Mane-Preridcat, Assimat Jr...r..,, and Resident Asd=u Svc ctwY Of tbis Corpcacat3om, and the real of this C.txporsdon may be affixed air printed on any power of auor>xy. on aa7 Mina of any power of attorney, or on any certificate rr3st thrma, by facsimile. and say pourer of atoms% any revocatiaa of any power of suotam or ardfiaue bearing such facsimile sipostaae+e or facsimile: seal dM be: raBd aid binding upon the C..'. �.:"aa" IN W, i tQ= WHEREOF, ERF, 1 illi MiM1..i7i7 11CURANCE COMMAW bid=Used tbese pr: raft to be aped by In Vice- t, MW ft r . , , so . ,'+ . x ilii to be bav=o affixed this 2nd I dayof January January 92. I992.. R. D. Farnsworth C1m this day*( 19 before ane pe:soetally amu , to me maws6 who, being bX me duly'swwora; did depoea sad ur. bust he is VioaPreddmt of THE AMMUCAN DISU A1NCE COMPANY. the Corporat30a descmbed In sad whack cwcnted the aberve � thst be mow: theser 1 of sand c arporadoo; that the seal aitbul to the said insauu east b such'•r. ,,,, .,,, to seal: that it was so aflitted by order of tate Hoard of Dlr+eestses of sdd Cerrpond m sad that he > his ttarme therm by like order IN WrrNErSS WHERF.OF, I hs" ber eacto set my had sad sf ixe d my ofWal seal, the day and year baa cin first above: wrku= w GO OFFicIAL NOTARY SEAL A. KRIEGER Nomy Paw — C,aigren" ?�► MANN f,OilirF N C,oertrtr carr MAP 20.105 t.tw,taaca�.A'18 STATE OF CALIFORNIA ss. CaOUNTY OF MAJU N L tlra Qadr,-mrd. Rcodeut Assistant Sr...L.., oCi� A MERICAN INSUR NCE COMPANY. s NEBP.A SXA C. h t . �: ott, DO HF�BY CERTIFY thu the t .....,...; astd a=ched POWER OFAXTDRNEY teomis s m rs full foand bas ant been revoked; and ft:'ttbernme that Article VII, Sections 4S sad 46 of the 8y-lasrs of the mat km. and the Re,salt, nit of the Board of Direcsom set forth is the Power of Morar% are now in form- 94 fined and soled at the Coamty of Maniere. Dated the 8th day M J un a I9 - oz,y��5 t;.iii+�t A�:rr.rc s�.a+ear7► 360712--u4.90 (REY) TOM S. LOBRANO III TELEPHONE (404) 388-5002 A.B. LYNCH, JR. JAMES C: CONGELIO SURETY ASSOCIATES, INC. 2263 ST. JOHNS AVENUE JACKSONVILLE, FLORIDA 32204 June 8, 1995 INDIAN RIVER COUNTY, FLORIDA 2625 19th Avenue Vero Beach, Florida RE: County Route 510/US Highway #1 Water Transmission SPEEGLE CONSTRUCTION, INC. - Contractor Gentlemen: Please accept this letter as evidence of our willingness to provide the necessary 100% performance and payment bonds to SPEEGLE CONSTRUCTION, INC. in the event that they are the successful bidder for the above referenced project. This commitment is contingent upon an acceptable contract to Speegle Construction, Inc. and, is good for the period of time that the specifications allow this bid to remain in effect. Sincerely, THE AMERICAN INSURANCE COMPANY Tom S. Lobrano, III Attorney -in -Fact TSL/bh cc: Speegle Construction, Inc. The American Insurance Company SPL-EGLE CO'NSTRUCTIONT, IINC. BALANCE SHEETS December 31, 1993 and 1992 ASSETS Current asseis: Cash Accounts receivable Advances to affiliate Costs and cstinvitcd earnings in excess of billings on uncompleted contracts Notes receivable due within one year Prepaid insurance Other Total current assets Investments and other assets: Cash surrender value of officer life insurance Land Total investments and other assets Property and equipment, at cost: Property and equipment Less accumulated depreciation Net property and equipment 1993 1,317,359 9,039,5~0 11,265 1,270,642 2J,500 172,515 1.1,833,161 1.04,505 30,0f10 134,505 21351s948 (1.537.653) 814.29.5 12.781.964 1992 1,267,467 2,075,447 1J,265 7I3,766 1,526 ; 1.74,504 6,.554 4,250,829 94,050 94,050 2,006,767 600,929 4,945,,805 1.10.3. Questionnaire (Cont'd) 9. What e uipnent will you re-, . for the proposed work".) Irjl - 10. The following is given as a sum:nary of the Financial Statement of the undersigned: (List Assets and Liabilities and use insert sheet, if necessary.) SEE ATTACHED 11. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business, and the address of the place of business. (If a corporation, state the name of the President and Secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name. It is absolutely necessary that this information be furnished.) SPEEGLE CONSTRUCTION, INC. Correct Name of Bidder (a) The business is a (Sole Proprietorship) (Partnership) (Corporation) CORPORATION (b) The address of principal place of business is: 395 So. Ranae Road. Cocoa, FL 32926--2089 (c) The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: __,,DMFS T. SffjfiU. PRESIDENT RRYAN L. MAXWELL. VICE PRESIDENT MTrUACI a MneN 1/TrF PPFSTnFNT LU ANNE WILLIS, VICE PRESIDENT, (TREASURER •' JAfi�E,��p'ECLE, PRESIDENT LIABILITIES A"ND STOCKI-IOLDERS7 EQUITY Long-term debt due after one year 57.974 - Total liabilities 7,847,236 125402057 Stockholders' equity: 1.993 1992 Current liabilities: Accounts payable $ 5,159141.5 1,212,451 Accrued expenses 139,253 35,563 - Long-term debt due within one ;scar 292495 28,004 Federal taxes payable 215,059 - Billings in excess of costs and 4,894.980 :3.355.403 estimated carnings on 4.934.729 3,405.151 uncompleted contracts 1,215.430 162.939 Total current liabilities 7,759,262 11540,557 Long-term debt due after one year 57.974 - Total liabilities 7,847,236 125402057 Stockholders' equity: Common stock, $1 par value, 5,000 shares authorized, 500 issued and outstanding at December 31, 1992 and 1991, respectively 500 500 Additional paid - in capital 39,243 39,248 Retained Earnings 4,894.980 :3.355.403 Total stockholders' equity 4.934.729 3,405.151 $ 12.781.954 $ 4.945,808 ucLcs +1'c I n integral part ♦iii ti A. 5t;,.!.c cn1s i. i o , 6. Statement o= Stockholder Infor-imation STA"ZifE T 067 STOC' HOTD--R INFORMALTION (to be submitted with Proposal) In compliance with Chapter 33, Laws of 1977, the following stockholder information is submitted ,(See Article 1.2.7.) $puGI F rnNSTRlirTTnN, mr, Name of Corporation, Partnership or Individual Submitting Proposal P. 0. BOX 20899 COCOA, FL 32923 Address NAME JAMES T. SPEEGLE LIST OF STOCKHOLDERS ADDRESS 395 So. Range Road, Cocoa, FL 32926 1.10.1. Form of Pr000sal (con' t1 2. To begin work withinten(10) days from the date of receipt by him of Notice to Proceed, and zo cc=n1-e-!Ca the work no later than One Hundred Twentv, (120) calendar da-ys for the portion of the project - south of Stratton Avenue and One Eiaht-v (180) calendar days for the portion of the project nor-t-I.n. of Vickers Road after receiDt. of Notice to Proceed. 3. To reimburse Indian River County, as liquidated damages, for each calendar day elapsing between the date herein specified as the date of full completion and the actual a'= -'%..e of such full completion of the contract work, the amount of four hundred fifty dollars ($450) per calendar day._ Dated this A day of JUNE 19 94 Respectfully submitted, SPEEGLE CONSTRUCTION, INC. Contractor P. 0. Box 2089 COCOA, FL 32923 Address 407/63t2-8164 Phone By: le<J ES T-�.�, P EGL PRESIDENT -1 � rrrrr L1"T3 _CITY .� rNr'rrrrr cl t� t 01 d i> tL W �1: KK d w cn _ ,U O O O O O O N N P _ 5 V- p' `O MAIN 3T. 0 N °^ a lu _ a