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HomeMy WebLinkAbout2008-399B A . L r . CONTRACT DOCUMENTS AND SPECIFICATIONS FOR MOORINGS CLUB & INDIAN RIVER COUNTY SEAWALL BID NO . 2008070 L PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA COMMISSIONER WESLEY S . DAVIS CHAIRMAN COMMISSIONER JOSEPH E . FLESCHER VICE -CHAIRMAN COMMISSIONER GARY C . WHEELER COMMISSIONER PETER D . O ' BRYAN COMMISSIONER BOB SOLARI JOSEPH A . BAIRD , COUNTY ADMINISTRATOR JEFFREY K . BARTON , CLERK OF COURT WILLIAM G . COLLINS II , COUNTY ATTORNEY JAMES W . DAVIS , P . E . , PUBLIC WORKS DIRECTOR CLIFFORD SUTHARD , P . E . , PROJECT ENGINEER NDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT 180127 STREET VERO BEACH , FL 32960 Vii. L F :\Public Works\Cliff Suthard\MOORINGS SEAWALL REPAIRS\Project Title Page . doc Lr Indian River County ,ems Purchasing Division 1800 27th Street Vero Beach , FL 32960, Phone ( 772 ) 567 =8000 Fax ( 772 ) 770 .5140 Ext. 1416 fi ADDENDUM NO . 2 Date : October 6, 2008 Project Name : Moorings Club & Indian River County Seawall Repairs Bid Number: 2008070 Bid Opening Date : October 10, 2008 at 2 : 00 pm ir. This Addendum is in response to requests for information and is intended to clarify, 4 correct, or change the Bidding Requirements or the Contract Documents and consists of two pages including this page. Therefore, it hereby supersedes anything to the contrary in the Bidding Requirements or Contract Documents. This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents . ****************This Addendum MUST be returned with your Bid****************** All Bids must be received by the Purchasing Division office located at 1800 27th Street , Vero Beach , FL 32960 , prior to the Date and Time shown above . Late bids will be returned unopened . Company Name pu MM6004CnS k( t ei e, G400 Z t Name : lolIJ mme,(01 ( n vanc V Title : . 0tymeor /uanmj ( pe J Printed) 140000 Authorized Signature Dater • Telephone : Fax: 7 7 3 CADocuments and SettingsWP AdministratorWty DocumentsWddendum#2.doc Page 1 of 2 �r Item No . Ion" BIDDER' S AFFIDAVIT REGARDING STATE OF FLORIDA CERTIFIED EROSION AND SEDIMENT CONTROL INSPECTOR" On page 41 of 55 in the first line of item 3 , delete "full-time" . Item No . 2- Concerning delays in issuance of the building permit, the time of completion contained in the Bid Form on page 31 R of 55 , does not include these delays . Item No . 3- Concerning Indian River County requesting utility locates , please review "General Conditions " , Article 12 , SUBSURFACE CONDITIONS , on page 15 of 55 . ++ ++++ ++ ++THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK++++++++++++ �r. t t�. �r i.. fir CADocuments and Settings\HP_AdministratorNy Document9Wddendum*2.doc Page 2 of 2 Indian River County E� Purchasing Division ! 180027 1hStreet Vero Beach , FL 32960, Phone (772 ) 567 =8000 Fax ( 772 ) 770 =5140 Ext. 1416 ADDENDUM NO . 1 Date : September 30, 2008 L Project Name : Moorings Club & Indian River County Seawall Repairs Bid Number: 2008070 Bid Opening Date : October 10, 2008 at 2 : 00 pm L This Addendum is issued for the purpose of revising two pages of these contract documents and consists of this and two additional pages. r; ****************This Addendum MUST be returned with your Bid * All Bids must be received by the Purchasing Division office located at 1800 27th Street , Vero Beach , FL 32960 , prior to the Date and Time shown above. Late bids will be returned unopened . L Company Name 1� IdV�-Vy �,l . k j ryAcdjiL ►�.k LV16 y L Name : Title : ryo rkm ar (Type / Printed ) Authorized Signature : W^ Date: cq Cl 01 Telephone : 11A ` 1o4 Fax : 1 ` 'tom - d Item No. 1 Replace pages 31 of 55 and 33 of 55 with the attached pages 31R of 55 and 33R of 55. CADocuments and Settings\HP Administratorft Documents%Addendum#lVlddendum#l .doc Page 1 of 1 L F i� BID FORM Bidder ,o Naxk -. kL (Bidder' s Name) hereafter called "CONTRACTOR', hereby submits L TO : INDIAN RIVER County Purchasing Department 1800 27th Street (Mail & Physical address) Vero Beach, Florida 32960 Project : Indian River County Bid # 2008070 L Project Name MOORINGS CLUB & INDIAN RIVER COUNTY SEAWALL REPAIRS, Indian River County, Florida Bid : The undersigned, as CONTRACTOR, declares that he/she has reviewed the plans and specifications for the scope of the project, visited the premises to review existing conditions and has reviewed the contractual documents thereto; and has read all special provisions furnished Prior to the opening of Bids; that he/she has satisfied himselPherself relative to the work to be performed . i The CONTRACTOR proposes and agrees, if this Bid is accepted, to contract with the County to perform the Work in full and complete accordance with the shown, described, and reasonable intended requirements of the plans, specifications and Contract documents to the full and entire satisfaction of the County. GRAND TOTAL BID ITEMS lA through 2D FROM ATTACHED BID SCHEDULE, Proposed Contract Sum : Base Bid Amount of. Base id Price Written Performance and Payment Bond : Required Addenda: The following Addenda have been received and are included in the Base Bid : Addendum No . l Yes '� Date IeLl) g Addendum No. 2 Yes !' Date / a It, b Addendum No . 3 Yes _ Date Addendum No. 4 Yes _ Date Time of Completion: The Work shall commence immediately upon execution of the Contract and shall be Substantially Complete on or before 60 consecutive calendar days thereinafter. L Page 31 R of 55 F MOORINGS CLUB & INDIAN RIVER COUNTY SEAWALL REPAIRS BID SCHEDULE L UNIT ITEM NO, DESCRIPTION QTY UNIT* PRICE TOTAL 1 A Mobilization and demobilization for work adjacent to LS LS to MOORINGS CLUB PROPERTY. �� OCA Insurance requirements for work adjacent to D� D 1 B MOORINGS CLUB PROPERTY LS LS 8M �dv Bond requirements for work adjacent to MOORINGS 60 00 1 C CLUB PROPERTY LS LS 51/0 60 Remove and dispose of existing seawall cap, deadmen and ties, and construct new cap, deadmen and ties, including coatings, filter fabric, backfill and v� 1 D 270 Lineal Fe //P170compaction, sodding, restoration, clean-up, and /� ' 0 ], 050 related incidentals, adjacent to MOORINGS CLUB PROPERTY . Mobilization and demobilization for work adjacent to 2A LS LS INDIAN RIVER COUNTY RIGHT-O&WAY 2B Insurance requirements for work adjacent to LS LS gac MOORINGS CLUB PROPERTY 2C Bond requirements for work adjacent to INDIAN �Q 00 / 1 RIVER COUNTY RIGHT-OF-WAY / Q Remove and dispose of existing seawall cap, deadmen and ties, and construct new cap, deadmen and ties, including coatings, filter fabric, backfill and ly) / d� 2D. compaction, sodding, restoration, clean-up, and 340 Lineal Feet /�� • related incidentals adjacent to INDIAN RIVER COUNTY RIGHT-O&WAY. Grand Total, Items IA through2D Show On Page 3 1 R TOTAL 17 5W L NOTE : As per the INSTRUCTIONS TO BIDDERS, Article 7, CONSIDER.4TION OFBIDS AND A WARD OF CONTRACT, the OWNER reserves the right to accept any of the above alternatives ( Items IA through 2D) to be included in the CONTRACT. AWARDED. L 6W i Page 33R of 55 x. L Indian River County 4 VER Purchasing Department 1800 271h Street r Vero Beach , FL 32960 Phone (772) 567=8000 Fax (772) 770-5140 Invitation to Bid L Project Name : Moorings Club & Indian River County Seawall Repairs Bid # : 2008070 Bid Bond Required : Yes Performance Bond Required : Yes Payment Bond Required : Yes Pre Bid Meeting . No Refer Technical Specifications Questions to : Clifford Suthard, Project Engineer Phone : (772) 226-3476 Fax : (772 ) 226-3481 Email : csuthard@ircgov. com Refer General Terms & Conditions Questions to : Jerry Davis, Purchasing Manager Phone : (772 ) 567-8000 ext 1418 Fax : (772) 770=5140 Email : uurchasine(a ,irceov. com Fd L Bid Opening Date : October 10 , 2008 Bid Opening Time : 2 : 00 P.M . All bids, either mailed or walked in, will be received by the Purchasing Division, 1800 27th Street, Vero Beach, Florida 32960, where they will be opened publicly and read aloud at 2 : 00 PM . All bids received after 2 : 00 PM of the day specified above, will be returned unopened. PLEASE SUBMIT ONE ( 1 ) ORIGINAL AND ONE COPY OF YOUR BID Page 1 of 55 L ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2 : 00 PM on Friday October 10, 2008 . Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words "Moorings & Indian River County Seawall Repairs" BID # 2008070 . Mail or hand deliver submittals to : Purchasing Manager, Indian River County 180027 1h Street Vero Beach, Florida 32960 All bids, either mailed or walked in, will be received by the Purchasing Division where they will be opened publicly and read aloud at 2 : 00 PM. All bids received after 2 : 00 P . M. of the day specified above, will be returned unopened. ,. INDIANRIVER COUNTYPROJECTNO. 0822 INDIAN RIVER COUNTY BID NO, 2008070 PROJECT DESCRIPTION : Construction of Seawall Repairs, and Related Incidentals. All material and equipment furnished and all work performed shall be in strict accordance with the plans, specifications , and contract documents pertaining thereto , which may be obtained from Public Works Department, 1801 27th Street, Building A, Vero Beach, Florida 32960, (772 ) 226- 1379 . Copies of the plans and specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Indian River County, in the amount of $ 100 . 00 for each set, which represents cost of printing, handling, and mailing and which is non refundable. All bids shall be submitted in duplicate on the Bid Proposal forms provided within the specifications . Bid Security must accompany each Bid, and must be in the form of either a certified check or cashier's check on any bank authorized to do business in the State of Florida, or a bid bond in the form of AIA document A310, properly executed by the Bidder and by a qualified surety. The Bid Security must be in the sum of not less than Five Percent (5 % ) of the total amount bid, made payable to Indian River County Board of County Commissioners. In the event the Contract is awarded to the Bidder, the successful Bidder will enter into a Contract with the County and furnish the required Performance Bond and Payment Bond, each in the amount of ! 00% (one hundred percent) . If the successful Bidder fails to do so , the County shall retain the Bid Security as liquidated damages, and not as a penalty. Please note that the Bidder ' s Questionnaire must be filled out completely including the financial statement. The County reserves the right to delay awarding of the Contract for a period of six 60 Page 2 of 55 days after the bid opening, to waive informalities in any bid, or reject any or all bids in whole or in part with or without cause/or to accept the bid that, in its judgment, will serve the best interest of Indian River County, Florida. The County will not reimburse any Bidder for bid preparation costs . INDIAN RIVER COUNTY n By: Jerry Davis, ,.. Purchasing Manager For Publication in the Vero Beach Press Journal Date : September 22 , 2008 For: Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to : INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27"' Street Vero Beach , FL 32960 * * END OF ADVERTISEMENT FOR BIDS* A ' Y tp Page 3 of 55 L INSTRUCTIONS TO BIDDERS 1 . DEFINITION OF TERMS Addenda : Any interpretations or revisions, in a written, telegraphic or graphic form to any of the contract documents received by Bidders before the opening of bids . L Authorized Representative : Any representative of the County, whether or not a County employee, designated as the County' s authorized representative for the purposes of this contract either in a provision of these specifications or in written communication from the County Administrator to the CONTRACTOR. r,,,, Bidder : Any person, firm, corporation, organization or agency submitting a bid for the work proposed or a duly authorized representative . Bonds : Bid, performance, maintenance and payment bonds are required as part of these contract documents . Change Order : A written order to the Contractor, signed by the OWNER and the Engineer, authorizing an addition, deletion or revision in the work issued after the award of contract. Such change order may increase or decrease the contract cost and/or times required and/or work required performing the contract Contract or Agreement : The written agreement executed by the OWNER and the CONTRACTOR for the performance of the work . The contract shall be substantially in the form provided in these specifications . CONTRACTOR: The person, firm, corporation, organization or agency with whom the OWNER has executed a contract for performance of the work or supply of equipment or materials or his duly authorized representative. Contractor' s Engineer : The individual or entity employed by the CONTRACTOR who provides supplementary construction plans for the seawall repairs and is a licensed professional engineer in the State of Florida. OWNER or County : Board of County Commissioners, INDIAN RIVER COUNTY or its authorized representative . OWNER' S Engineer (Engineer) : An individual or entity employed by the OWNER to furnish professional engineering services with respect to the Project . Plans : Any Drawings or reproductions thereof furnished by the CONTRACTOR ' S or OWNER' S Engineer pertaining to the Project. Specifications : The directions , provisions and requirements contained herein, together with all written agreements made setting out or relating to the method and manner of performing the requested services , the quality of material and personnel to be furnished under the 6 contract. All applicable laws of the State of Florida, the Federal Government and the rules Page 4 of 55 and regulations of the County of Indian River are hereby adopted and made a part hereof as specifications . Subcontractor : Any person, firm or corporation other than the CONTRACTOR supplying labor or materials for work being performed under these specifications . Substantial Completion : The date certified by the Engineer when the construction of the Project, or a specified part thereof, is sufficiently completed, in accordance with the Contract Documents , so that the Project or specified part can be utilized for purposes for which it was intended. Time of Completion : The number of calendar days (as specified in the Agreement) to achieve substantial completion and complete the work so that it is ready for payment as recommended by the Engineer. a Work : All labor, materials and incidentals required for the construction of the improvement for which the contract is made, including superintendents, use of equipment, and tools, and all services and responsibilities prescribed or implied, which are necessary for the complete performance by the CONTRACTOR of his obligations under the Contract. Unless otherwise specified herein or in the Contract, all costs of liability and of performing the work shall be at the Contractor ' s expense. 2 . SPECIFICATIONS & PRECEDENCE All sections of the specifications and all supplementary documents are essential parts of the contract and requirements occurring in one area as though occurring in all . The specifications and documents in their entirety shall be included in, and made a part of, the contract between the County and the successful bidder. In the event there is any conflict between the terms and conditions contained in the specifications, the precedence of the specifications shall be as follows : Addenda or modifications of any nature, if any Supplementary conditions , if any Technical specifications , if any Special provisions General conditions Instructions to bidders Bid form Invitation to bid There will be no oral interpretations of these specifications . Any bidder/proposers in doubt as to the true meaning of any part of the specifications or related documents may submit a written request to the Purchasing Manager or Engineer for interpretation thereof. The Purchasing Manager or Engineer shall receive all requests for interpretation or corrections no later than ten (10) days prior to the deadline for submitting bids/Bids . Any interpretation to a bidder will be made only by an addendum duly issued and a copy of such addendum will be mailed and delivered to each bidder receiving a set of documents . L 60 Page 5 of 55 3 . BOND REQUIREMENTS Bond requirements are detailed in the section entitled Special Provisions , 4 . PREPARATION OF BIDS Bids shall be submitted in duplicate on the prescribed form provided in these specifications . All copies must be plainly marked by the bidder who will be responsible for their correctness . All blank spaces must be filled in as noted in ink or type . Bids having erasures or corrections must be initialed in ink by the bidder. Only one bid from any individual firm, corporation, organization or agency under the same or i. different name shall be considered. Should it appear to the OWNER that any bidder is interested in more than one bid, all bids in which such bidder has interest would be rejected. ++� If SUBCONTRACTORS are allowed, bids shall be accompanied by a list of all SUBCONTRACTORS that the bidder proposes to employ, . Subcontractor shall not be changed without approval of the OWNER, as more specifically set forth hereinafter. Any deviation from these specifications must be explained in detail . Otherwise, it will be considered that labor, materials and equipment bid is in strict compliance with these specifications and the successful bidder will be held responsible for meeting those specifications . Any exceptions or clarifications to any section of the specifications shall be clearly indicated on a separate sheet(s) attached to the bid form and shall specifically refer to the applicable specification paragraph and page. A bidder is expected to fully inform himself as to the requirements of the specifications and failure to do so will be at his own risk. A bidder shall not expect to secure relief on the plea of error. No alternate bids shall be submitted unless specifically requested in the Invitation to Bid documents . Bidders are notified that the estimates of the quantities of the various items of Work and materials as set forth in the Bid Form are approximate only and are given solely to be used as a uniform basis for the comparison of Bids . The quantities actually required to complete the Work may be less or more than so estimated, and, if so , no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. Furthermore, the OWNER reserves the right : 1 ) to omit in its entirety any one or more items of the Work without forfeiture of the Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omission; 2) to add to the construction of any portion of the Work shown in the Contract Documents ; and 3 ) and to adjust the price in accordance with the unit prices in the Bid Form . 5 . QUALIFICATIONS OF BIDDERS A. The County reserves the right to make such investigations as it may deem necessary to establish the competency and financial ability of any bidder to perform the work. If, after Page 6 of 55 the investigation, the evidence of competency and financial ability is not satisfactory, the County reserves the right to reject the bid. The CONTRACTOR shall be appropriately licensed as required by the Indian River County Building Department and must have successfully constructed, as prime CONTRACTOR, at least three projects similar in scope to this project. 6. RECEIPT AND OPENING OF BIDS All bids must be submitted in a sealed envelope, addressed and mailed or delivered as stated L in the Invitation to Bid. Any bidder may withdraw his bid either personally or by written communication at any time prior to the scheduled closing time for the bid. ,. The bidder shall submit his bid on the form furnished along with all information indicated on the form. Bids shall be in the units specified for each item . The bidder shall enter the company name wherever the bid form so indicates . Bids shall be opened and publicly read at L the time and place indicated in the Invitation to Bid . 7. CONSIDERATION OF BIDS AND AWARD OF CONTRACT The contract will be awarded to the lowest responsible and responsive bidder whose bid, conforming to the specifications and/or instructions to bidder, will be the most advantageous to the County, price and other factors considered. In evaluating Bids , OWNER shall consider the qualifications of the BIDDERS , whether or not the Bids comply with the prescribed requirements, and alternates and unit prices if requested in the Bid forms. It is OWNER'S intent to accept alternates (if any are accepted) in the order in which they are listed in the Bid form, but OWNER may accept them in any order or combination. The OWNER reserves the right to select, from among the various Bid alternates, those alternates to be included in the final Contract as well as the right and option to award or rebid alternates in any sequence or at any time deemed to be in the best interest of the OWNER. The OWNER reserves the right to award the contract to other than the low bidder for such reasons as acceptability of specific products or designs, delivery times, warranties , past performance, unacceptable deviations or exceptions taken to these specifications or degree of compliance with any other requirement of these specifications . Further, OWNER shall have the right to consider price, quality, time required for performance and qualifications of the bidder in making the award. The OWNER reserves the right to waive any and all irregularities and to reject any or all bids in the best interest of the OWNER and award the contract to the responsible bidder whose bid is determined to be in the best interest of the County. If the contract is awarded, the OWNER will accept the bid and award the contract to the successful bidder within sixty (60) days after the opening of the bids, by written notice to the successful bidder. The award of the contract will be made to one CONTRACTOR only for all work to be done. However the OWNER reserves the right to award the Contract with or without item 1 of the BID SCHEDULE . Page 7 of 55 Failure on the part of the successful bidder to execute a contract within fifteen (15 ) days after the notice of acceptance shall be just cause for annulment of award. The OWNER may then accept the bid of the next best- evaluated bid or re-advertise for bid . If the bid of the next bidder is accepted, this acceptance shall bind such bidder as though he were the original successful bidder. For and in consideration of the County considering Bids submitted, the Bidder, by submitting its Bid, expressly waives any claim to damages, of any kind whatsoever, in the event the County exercises its right to cancel the award in accordance herewith. Furthermore, the ,. County reserves the right : to omit in its entirety any one or more items of the Work without forfeiture of the Contract or claims for loss of anticipated profits or any claims by the successful Bidder as Contractor on account of such omission; and to add to the construction of any portion of the Work shown on the Specifications . 8 . ACCEPTANCE OF OFFER The signed bid shall be considered an offer on the part of the bidder; such offer shall be deemed accepted upon completion of all steps in the purchasing process and issuance by the County of a contractual document. 9 . PERFORMANCE All material and parts shall be bid F . O . B . Destination, at the job site . a L" 10. ADDENDA and REQUESTS FOR INFORMATION (RFI) Addenda issued by OWNER prior to the bid opening shall be binding as if written into the specifications . Bidders shall acknowledge receipt of the same as indicated on the bid form . All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by OWNER or ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 11 . PUBLIC ENTITY CRIMES Pursuant to Florida Statutes Section 287 . 133 (2) ( a) , all Bidders are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287 . 017 for CATEGORY TWO I�. Page 8 of 55 [currently $25 , 000] for a period of 36 months from the date of being placed on the convicted vendor list. A "public entity crime " means 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 or with 6 an agency or political subdivision of any other state or with the United States, including, but not limited to , any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 12 . PUBLIC DISCLOSURE STATEMENT Conflict of Interest : Any entity submitting a bid or entering into a contract with the County it shall disclose any relationship that may exist between the contracting entity and a County Commissioner or County employee . The relationship with either that must be disclosed is as follows : Father, mother, son daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife , father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, half brother, half sister, grandparent, or grandchild. The term "affiliate" includes those officers, directors , executives, partners , shareholders, employees, members, and agents who are active in the management of the entity. The disclosure of relationships shall be a sworn statement made on a County approved form. (Form provided in the Forms Section of this Bid) . Failure to submit form may be cause for rejection of bid. 13 . TRENCH SAFETY Florida Statutes Sections 553 . 60 through 553 . 64, known as the "Trench Safety Act" , requires all contractors engaged by Indian River County, Florida to comply with the Occupational Safety and Health Administration's excavation safety standards, found in 29 C .F .R. Subpart P . sections 1926 . 650- 1926 . 652 . All prospective contractors are required to complete and sign the Trench Safety Act Compliance Statement and provide compliance cost information where indicated. The costs for compliance with the Trench Safety Act must be incorporated into this Project' s base Bid . 14. SITE AND OTHER AREAS The Site, including the designated staging areas, are identified in the Bidding Documents and shown on the Location Plan. Any and all additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. g * * END INSTRUCTIONS TO BIDDERS * * Page 9 of 55 s GENERAL CONDITIONS 1 . RESPONSIBILITIES OF THE CONTRACTOR Performance : The CONTRACTOR shall perform all authorized work contracted for by the OWNER promptly and diligently in a good, proper and workmanlike manner in accordance with these Specifications . The CONTRACTOR, in doing the work, shall have the freedom to perform the authorized work by such means and in such a manner as he may choose within the limits of these Specifications . Employees of the CONTRACTOR shall not be deemed employees of the OWNER for any purposes whatsoever. Materials, Services and Facilitiles : The CONTRACTOR shall provide and pay for all labor, tools, equipment, utilities , transportation and materials and these shall be of a high quality in every respect . The CONTRACTOR'S employees shall be as clean and in good appearance as the job conditions permit and shall conduct themselves in an industrious and courteous + manner. Modern tools kept in good working order shall be utilized. Adequate first aid supplies shall be provided by the CONTRACTOR and shall be accessible to the employees . Subcontractor : The CONTRACTOR may utilize service or specialty SUBCONTRACTORS on those parts of the work, which under normal contracting practices, are performed by specialty SUBCONTRACTORS . The following provisions shall apply: 1r The CONTRACTOR shall notify the OWNER in writing of any Subcontractor that is to be utilized. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization , ( including those who are to furnish the principal items of materials or equipment) , whether initially or as a substitute , against whom Owner may have reasonable objection . Acceptance of any Subcontractor, Supplier or other person or organization by Owner shall not constitute a waiver of any right of Owner to reject defective Work . Contractor shall not be required to employ any Subcontractor, Supplier or other person or organization against whom Contractor has reasonable objection . The CONTRACTOR shall perform at least 51 % of the work with its own forces . CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors , Suppliers , and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR' s own acts and omissions . Nothing in the Contract: ( a ) shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor (b) . shall anything in the Contract create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by applicable Florida law . CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors , Suppliers , and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. Page 10 of 55 CONTRACTOR shall require all Subcontractors , Suppliers , and such other individuals or entities performing or furnishing any of the Work to communicate with ENGINEER through CONTRACTOR . r Compliance with Laws and Regulations : All County, State and Federal law, regulations or ordinances must be strictly observed. CONTRACTOR shall be responsible for all practical and legal notices and signals to the public while the work is in progress and shall take precautions that may be necessary to protect life and property. 'r Indemnification : CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its agents , employees, elected officers and representatives, from liabilities, damages, losses, and costs, including but not limited to , reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Contract; or by or on account of, any claim or amounts recovered from any infringement of patent, trademark or copyright by the CONTRACTOR in the performance of the Contract. This indemnification and hold harmless provision shall survive the termination or expiration of the Contract. Conduct of the Work : All materials and equipment incorporated into theWork shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract. . All special warranties and guarantees required by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports or required tests) as to the source, kind, and quality of materials and equipment . Equipment used by CONTRACTOR in performance of the Work shall be modern, in good 60 condition, and of adequate size and proper type to perform the duty required . Permits and Licenses : CONTRACTOR shall procure all permits, pay all charges and fees and give all notice necessary and incidental to the performance of the work. If required the COUNTY will obtain site plan approval and will pay all impact fees. CONTRACTOR shall procure all licenses and obtain the Indian River County building permit at actual costa CONTRACTOR shall prepare all documents necessary for permits including signed and sealed drawings as prepared by a Florida Registered Professional Engineer, as may by required by the Building Department or other permitting agency. All costs shall be included in the appropriate bid item. Included in the attached APPENDIX is determination by the FDEP concerning Florida Statutes section 403 . 813 . Availability Of Funds . The obligations of the COUNTY under the Contract to be entered are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. In the event sufficient budgeted funds are not available for a new fiscal period, the County shall notify the vendor of such occurrence, and the contract shall terminate on the last day of the current fiscal period without penalty or expense to the County. Liens : This project is a "Public Works" under Chapter 255 , Florida Statutes . No liens may p be filed against the OWNER. Pursuant to Florida Statutes Section 255 . 05 ( 1 )(a)(2006), any Page 11 of 55 claimant may apply to the OWNER for a copy of this Contract and the associated payment and performance bonds . The claimant shall have a right of action against the CONTRACTOR for the amount due him. Such action shall not involve the OWNER in any expense . Claims against the CONTRACTOR are subject to the time and notice provisions as specified in Florida Statutes Section 255 . 05 (2) . Before the final acceptance of the work and payment by the OWNER, the CONTRACTOR shall furnish to the OWNER proper satisfactory evidence, under oath, that all claims for labor and materials employed or used in the construction of said work have been settled and no E' legal claim can be filed against the OWNER for such labor and materials . If such evidence is not furnished to the OWNER, such amounts as may be necessary to meet the unsatisfied claims may be retained from moneys due to the CONTRACTOR under this contract until the liability shall be fully discharged. it 2 . DEFECTIVE WORK AND MATERIALS , ii. All materials furnished or work done, when not in accordance with the intent of these Specifications , shall be rejected and shall be removed immediately and replaced by suitable and satisfactory work and materials . Failure to reject any defective work or materials will not prevent later rejection when such a defect is discovered and shall not relieve the CONTRACTOR of his obligation to fulfill his contract even though such work and materials have been previously inspected by the OWNER and accepted; it shall not obligate the OWNER to final acceptance nor shall it prevent the OWNER in any time subsequent from recovering damages from work actually shown to be defective within a one ( 1 ) year period after the final acceptance . If the CONTRACTOR fails to remove any defective work or materials , the OWNER shall have the right to stop work and remedy the cause at the expense of the CONTRACTOR. If the OWNER deems it expedient to accept minor imperfect work, the OWNER shall have the right to retain such work and an equitable deduction shall be made in the Contract price. Damage to the Work : Until final acceptance of the work by the OWNER, it shall be under the charge and care of the CONTRACTOR and he shall take every necessary precaution against injury or damage to the work by the action of the elements, or from any other cause whatsoever. The CONTRACTOR shall rebuild, repair, restore and make good, at his own expense, damages to any portion of the work before its completion and acceptance . Final Cleanup : Before the work is considered complete, all rubbish and unused material due to , or connected with, the work must be removed and the premises left in a condition satisfactory to the OWNER. Al l property, public or private, disturbed or damaged, during the execution of the work shall be restored to its former condition including any resodding. Final payment will be withheld until such work is accomplished. 3 . SAFETY AND PROTECTION 3 Page 12 of 55 �r. Safety . The CONTRACTOR shall furnish and install all necessary equipment and facilities for the protection of the workers and the safety of the public and shall carry on this work in a manner best calculated to avoid injury to the public or to the workers . Protection of Adjacent Property and Utilities : The CONTRACTOR shall conduct his work in such a manner as to avoid damage to adjacent private or public property and shall immediately repair or pay for any damage incurred through his operations . These documents do not disclose the location of any existing utilities, buried facilities, or seawall structures . Determination of the location of any subsurface items is the complete responsibility of the CONTRACTOR. Before digging the Contractor shall call Sunshine State One Call ( SSOCOF ) 811 and ( 800 ) 432-4770 , to call for location of underground facilities . The CONTRACTOR shall take cognizance of all existing utilities and he shall operate with due care in the vicinity of such utilities and shall immediately repair or have repaired at no additional costs to the OWNER any breakage or damage caused by his operation. Should the OWNER be required to make such repairs, the cost of such repairs shall be deducted from any payments due the CONTRACTOR. 4 . TERMINATION/DEFAULT If the CONTRACTOR shall be adjudged as bankrupt, or if he should make a general assignment for the benefit of his creditor(s) , or if a receiver shall be appointed for the CONTRACTOR, or if he should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper materials , or if he should refuse or fail to make payment to persons supplying labor or materials for the work under the contract, or persistently disregards instructions of the OWNER, or fails to observe or perform, or otherwise be in substantial violation of, any provision of the contract documents, then the OWNER, after serving at least ten (10) days prior written notice to the CONTRACTOR of its intent to terminate, and such default shall continue unremedied for a period of seven (7) days after receipt by the CONTRACTOR of such notice , may terminate the contract without prejudice to any other rights or remedies and take possession of the work; and the OWNER may take possession of, and utilize in completing the work, such materials , appliances and equipment as may be on the site of the work and necessary therefore. The CONTRACTOR shall be liable to the OWNER for any damages resulting from such default. 5. DELAY In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from any delay whatsoever. The CONTRACTOR' s sole and exclusive remedy for delays to the project is an extension of time . 6. WARRANTY/GUARANTEE CONTRACTOR warrants and guarantees to OWNER that all materials will be new unless otherwise specified and that all work will be of good quality and free from defects and in accordance with the Specifications. Page 13 of 55 FI CONTRACTOR agrees to remedy promptly and without cost to OWNER, any defective materials or workmanship that appear within one (1) year from the date of completion of the work. This includes all allowance items . The OWNER and CONTRACTOR agree that a warranty inspection shall be scheduled no later than eleven ( 11 ) months after final payment under the Contract so that the OWNER and the CONTRACTOR may inspect and otherwise examine the Work prior to the expiration of the Performance Bond . No provision contained in these Specifications shall be held to limit CONTRACTOR' S liability for defects to less than the legal limit of liability in accordance with law . No provision contained in these Specifications shall be held to limit the terms and conditions of the Manufacturer's Warranty and CONTRACTOR shall secure parts, materials and equipment to be installed with Manufacturer's full warranty as to parts and service for one (1) year wherever possible . 7. ASBUILT DRAWING REQUIREMENTS Prior to Final Acceptance, the CONTRACTOR shall submit to the OWNER two (2) sets of ir. Asbuilt Plans (Record Documents) . This plan set shall show the exact way in which the installation was constructed, including all changes during the course of the project. As a minimum, the plan set shall show the following : Elevations ; Structure/facilities dimensions, reinforcing, sizes , any existing utilities encountered adjacent to the work, and locations . The CONTRACTOR shall correct any errors to the As-Built plans (Record Documents) upon review by the ENGINEER before Final Acceptance is complete. 8 . NOTICES Notices to the CONTRACTOR pursuant to these Specifications shall be deemed to have been properly sent when mailed or emailed to the CONTRACTOR at the addresses provided on the bid form. Notices to the County shall be deemed to have been properly sent when mailed to the Indian River County Purchasing Division, 1800 27th Street, Vero Beach, Florida 32960 and copied to Indian River County Public Works Department 1801 27th Street, Vero Beach, Florida 32960 , 9 . DISPUTE Except as otherwise provided in the Contract, any dispute concerning a question of fact or of interpretation of a requirement of the contract which is not disposed of by mutual consent between the parties shall be decided by the INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT, James W . Davis, P .E . , Public Works Director or his representative, who Page 14 of 55 shall reduce the decision to writing and furnish a copy thereof to the parties . In connection with any dispute proceeding under this clause, the party shall be afforded an opportunity to be heard and to offer evidence in support of its version of the facts and interpretation of the contract. The INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT , James W. Davis, P .E . , Public Works Director or his representative shall make such explanation as may be necessary to complete, explain or make definite the provisions of this contract and the findings, and conclusions shall be final and binding on both parties . Pending the final decision of a dispute thereunder, CONTRACTOR shall proceed diligently with its performance of the contract in accordance with the preliminary directions of the INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT , James W . Davis, P . E . , Public Works Director. 10. TERMINATION BY THE COUNTY The County reserves the right to terminate a contract by giving thirty (30) days notice in writing, of the intention to terminate, if at any time the CONTRACTOR fails to abide by or fulfill any of the terms and conditions of the contract. The County also reserves the right to terminate this contract for the convenience of the County, and/or with or without cause . 11 . CHANGE IN CONTRACT PRICE The contract price may only be changed by a written Change Order, duly signed by OWNER and CONTRACTOR that sets forth with particularity the change or changes made,including, without limitation, by adjusting quantities of the unit price items . . The Owner reserves the right to change quantities of work in the unit price items . Value of unit price items shall remain the same regardless of quantity revisions above or less than amount in bid documents . 12. SUBSURFACE CONDITIONS The CONTRACTOR is responsible for examining the site to determine any existing subsurface physical conditions . No other reports, explorations, or tests of such conditions have been made by the OWNER or Engineer. The CONTRACTOR may not make any claim against the OWNER or Engineer with respect to the absence of such information. a * * END GENERAL CONDITIONS * * 6 Page 15 of 55 SPECIAL PROVISIONS 1 . SCOPE These Special Provisions shall supplement the General Conditions and shall govern purchases by the County of Indian River under these Specifications, except that technical specifications , if any, will govern if any conflict arises between such technical specifications and these Special Provisions. 2 . DESCRIPTION OF THE WORK/ALTERATIONS The work for this project shall consist of constructing : r • Concrete seawall cap, PVC sleeved deadman ties, backfill with granular material, and dead man replacement • Installation of geotextile fabric • Preparation by the CONTRACTOR' S Engineer detailed plans for the repair and replacement of the seawall facilities as may be required for issuance of a Building permit and approval by the Engineer • All the above together with restoration, resodding and miscellaneous related incidentals . Extra work : Without invalidating the contract, the OWNER may at any time, by written change order and without preliminary notice to the surety, order extra work within the general scope or alter the work by addition or reduction, and the contract price will be adjusted accordingly. Changes in work : The County shall have the right to suspend work wholly or in part for such period or periods as may be deemed necessary due to unsuitable weather or other conditions , which the County considers unfavorable for the work to proceed . No allowance of any kind will be made for such suspension of work except an equivalent time for completion of the contract. Changed conditions : If during the progress of work, field conditions are found to differ materially from those covered by the Specifications or from those which could reasonably have been foreseen by the CONTRACTOR after examination of the site, the CONTRACTOR shall call such conditions to the attention of the OWNER and necessary changes will be made to the Specifications . If these changes entail extra work or materials and the value of such work has not been determined by unit price under the contract, the values of such work or change shall be determined by negotiation. The OWNER and CONTRACTOR shall execute a change order to the contract at mutually satisfactory unit prices or lump sums for any extra work, addition or deletion made necessary by such changed conditions and requested by the County. 3 . COMMENCEMENT OF WORK The work shall commence immediately upon receipt of a Notice to Proceed. Page 16 of 55 4. TIME OF COMPLETION The work shall be completed within the time slated on the Bid Form, page 31 , as time required to Substantially Complete all work. Time is of the essence in the performance of the work under this contract . 5 . CONTRACT PRICE The County shall pay the CONTRACTOR the lump sum amount for the work at the price(s) stated on the bid form upon completion and final acceptance by the ENGINEER. No additional payment shall be made to the CONTRACTOR except for additional work or materials as stated on a valid written change order issued by the County prior to the performance of the work or delivery of materials . Should the Time of Completion be extended by Change Order beyond the contracted time of completion, monthly partial payments will be made to the Contractor prorated based upon the agreed percentage of work completed and/or quantity of items completed at the unit price contracted less retainage as set forth in the Contract. Final Payment Acceptance : The acceptance by the CONTRACTOR of final payment due on termination of this contract shall constitute a full and complete release of the County from any and all claims, demands and causes of action whatsoever which the CONTRACTOR, its successors or assigns have or may have against the County under the provisions of this contract. 6. EXAMINATION OF THE SITE Before submitting this bid, the bidder shall visit the job site in order to ascertain the prevailing local conditions, which may affect the work to be done . Arrangements to visit the work site may be made by contacting Indian River County Public Works Department. No payment for additional work or materials shall be made upon any claim of changed conditions(s) if such condition(s) could have been reasonably foreseen upon diligent examination of the site prior to submission of the bid. 7. COOPERATION/COORDINATION The OWNER and its authorized representatives shall be permitted free access and every reasonable facility for the inspection of all work and materials . Work by OWNER or Other Contractors : The County hereby reserves the right to perform activities with its own forces or allow other contractors to perform work in the area where work is being done under this contract. Coordination: CONTRACTOR shall afford OWNER and other CONTRACTORS reasonable opportunity for the introduction and storage of their equipment, materials and the execution of �r Page 17 of 55 r their work concurrently, and shall properly coordinate its work with theirs in the best interest of the County. 8. BONDS : Bid Security : A Bid must be accompanied by Bid Security, and must be in the form of either a certified check or cashier' s check on any bank authorized to do business in the State of Florida, or a bid bond in the form of AIA document A310 , properly executed by the Bidder and by a qualified surety. The Bid Security must be in the sum of not less than Five Percent 5 % of the total amount bid, made payable to Indian River County Board of County Commissioners . The Bid Bond shall be executed by such sureties as are named in the current 4 list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds 6 and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U . S . Department of the Treasury. The Surety must be authorized to issue surety bonds in Florida. The Bidder shall require the attorney-in- fact who executes any Bond, to affix to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida. Further, at the time of execution of the Contract, the Successful Bidder shall for all Bonds , provide a copy of the Surety' s current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304- 9308 . The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Payment Bond and Performance Bond, and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required Payment Bond and Performance Bond within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be retained by OWNER as liquidated damages and not as a penalty. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. Performance & Payment Bonds : The CONTRACTOR shall furnish a Performance Bond in the form attached to these specifications in an amount of 100% of the total bid price as security for the full and complete performance of the contract and a Payment Bond in the amount of 100% of the total bid price as security for the payment of all persons performing labor, furnishing materials or furnishing equipment in connection with the contract. The Contractor shall provide two separate bonds ; a combined Payment and Performance Bond for 100 percent of the contract price is not an acceptable substitute . Requirements as to Surety : The Surety for each of the Payment Bond and the Performance Bond shall be authorized to issue surety bonds in Florida and be included in the most recent United States Department of Treasury List of Acceptable Sureties . The successful Bidder shall require the attorney-in-fact, who executed the Payment Bond and the Performance Bond, Page 18 of 55 L to affix to each a current certified copy of their Power of Attorney, reflecting such person' s authority as Power of Attorney in the State of Florida. Further, at the time of execution of the Contract, the successful Bidder shall provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304-9308 . * * END SPECIAL PROVISIONS * * r Page 19 of 55 SUBMITTALS PART 1 : GENERAL iirr 1 .01 DESCRIPTION OF REQUIREMENTS E A . This Section specifies the general methods and requirements of submissions applicable to the following work-related submittals : Shop Drawings , Product Data, Samples, Construction Photographs , and Construction Schedules . Additional general submission requirements are contained in the General Conditions . Additional detailed submittal requirements will be specified in the technical specifications sections . Be All submittals shall be clearly identified by reference to Specification Section, Paragraph, Drawing No . or Detail as applicable . Submittals shall be clear and legible and of sufficient size for sufficient presentation of data. 1 . 02 SHOP DRAWINGS, SEAWALL DRAWINGS, PRODUCT DATA, SAMPLES x A. Shop Drawings and Seawall Drawings Shop drawings and seawall drawings include, but are not necessarily limited to , custom-prepared data such as fabrication and erection/installation (working) drawings, scheduled information, setting " diagrams, coordination drawings . Seawall Drawings shall include detailed construction drawings prepared by a Florida licensed professional engineer. Seawall drawings shall be prepared by the CONTRACTOR ' s engineer. 2 . The CONTRACTOR shall be responsible for submitting the drawings at the proper time so as to prevent delays to the project . 3 . The CONTRACTOR shall check all drawings regarding measurements , size of members , materials , and details to satisfy himself that they conform to the intent of this CONTRACT . Drawings found to be inaccurate or otherwise in error shall be returned to the CONTRACTOR for correction before submission thereof 4 . All details on the drawings submitted for approval shall show clearly the relation of the various parts to the main members and lines of the structure, and where correct fabrication of the work depends upon field measurements, such measurements shall be made and noted on the drawings before being submitted for approval . Be Product Data 1 . Product data include, but are not necessarily limited to, standard prepared r; data for manufactured products (sometimes referred to as catalog data) , such as the Page 20 of 55 6 manufacturer's product specification and installation instructions, availability of colors and patterns , manufacturer's printed statements of compliances and applicability, roughing-in diagrams and templates , catalog cuts, product photographs, standard wiring diagrams, printed performance curves and operational-range diagrams , production or quality control inspection and test reports and certifications , mill reports, product operating and maintenance instructions and recommended spare-parts listing and printed product warranties, as applicable to the Work . " C . Samples 1 . Samples include, but are not necessarily limited to , physical examples of the work such as sections of manufactured or fabricated work, small cuts or containers of materials, complete units of repetitively-used products, color/texture/pattern swatches and range sets, specimens for coordination of visual effect, graphic symbols and units of work to be used by the ENGINEER or OWNER for independent inspection and testing, as applicable to the Work. 1 . 03 CONTRACTOR' S RESPONSIBILITIES A. The CONTRACTOR shall review shop drawings, seawall drawings, product data and samples , including those by subcontractors , prior to submission to determine and verify the following : 1 . Field measurements 2 . Field construction criteria 3 . Catalog numbers and similar data 4 . Conformance with the Specifications B . Each shop drawing, seawall drawing, sample and product data submitted by the CONTRACTOR shall have affixed to it the following Certification Statement including the CONTRACTOR's Company name and signed by the CONTRACTOR: " Certification Statement : by this submittal , I hereby represent that I have determined and verified all field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings and all Contract requirements . " Drawings and product data sheets 11 -in x 17-in and smaller shall be bound together in an orderly fashion and bear the above r Certification Statement on the cover sheet. The cover sheet shall fully describe the packaged data and include a listing of all items within the package . Provide to the ENGINEER a copy of each submittal transmittal sheet for drawings , product data and samples at the time of submittal of said drawings, product data and samples to the ENGINEER. C . Notify the ENGINEER in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents . it Page 21 of 55 D . The review and approval of the drawings, samples or product data by the ENGINEER shall not relieve the CONTRACTOR from his/her responsibility with regard to the fulfillment of the terms of the Contract . All risks of error and omission are assumed by the CONTRACTOR and the ENGINEER will have no responsibility therefore . E . No portion of the work requiring a drawing, sample , or product data shall be started nor shall any materials be fabricated or installed prior to the approval or qualified approval of such item. Fabrication performed, materials purchased or on-site construction accomplished which does not conform to approved drawings and data shall be at the CONTRACTOR's risk. The OWNER will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. F . Project work, materials, fabrication, and installation shall conform to approved drawings, applicable samples, and product data. 1 . 04 SUBMISSION REQUIREMENTS A . Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work. Be Each submittal will be returned within 15 working days following receipt of submittal by the ENGINEER. Co Number of submittals required : 1 . Drawings as defined in Paragraph 1 . 02 A : Three (3 ) copies . 2 . Product Data as defined in Paragraph 1 . 02 B : Six (3) copies . 3 . Samples : Six (3 ) . D . Where required submittals shall contain: 1 . The date of submission and the dates of any previous submissions . 2 . The Project title and number. 3 . CONTRACTOR identification. 4 . The names of. a. CONTRACTOR or CONTRACTOR' S ENGINEER b . Supplier c . MANUFACTURER 5 . Identification of the product. 6 . Field dimensions, clearly identified as such. 7 . Relation to adjacent or critical features of the Work or materials . 8 . Applicable standards . 9 . Identification of any deviations from Contract Documents . 10 . Identification of revisions on resubmittals . Page 22 of 55 1 . 05 REVIEW OF DRAWINGS, PRODUCT DATA, WORKING DRAWINGS AND SAMPLES A. The review of drawings, data, and samples will be for general conformance with these Contract Documents . They shall not be construed : 1 * as permitting any departure from the Contract requirements ; 2 , as relieving the CONTRACTOR of responsibility for any errors , including details , dimensions , and materials ; 3 * as approving departures from details furnished by the ENGINEER, except as otherwise provided herein. B . The CONTRACTOR remains responsible for details and accuracy, for coordinating the work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly, and for performing work in a safe manner. C . If the drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which ENGINEER finds to be in the interest of the OWNER and to be so minor as not to involve a change in Contract Price or time for performance, the ENGINEER may return the reviewed drawings without noting an exception. D . Submittals will be returned to the CONTRACTOR under one of the following codes . Code 1 - " APPROVED " is assigned when there are no notations or comments on the submittal . When returned under this code the CONTRACTOR may release the equipment and/or material for manufacture . Code 2 - "APPROVED AS NOTED" is assigned when notations or comments have been made on the submittal pointing out minor discrepancies as compared with the Contract Documents . Resubmittal or confirmation is not necessary prior to release for manufacturing. Code 3 - "APPROVED AS NOTED/CONFIRM" . This combination of codes is assigned when a confirmation of the notations and comments is required by the CONTRACTOR. The CONTRACTOR may release the equipment or material for manufacture ; however, all notations and comments must be incorporated into the final product . This confirmation is to address the omissions and/or nonconforming items that were noted. Only the items to be " confirmed" need to be resubmitted. ire Code 4 - " APPROVED AS NOTED/RESUBMIT " . This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package . The Contractor may release the equipment or material for manufacture ; however, all notations and comments must be incorporated into the final product. This resubmittal is to address all comments, omissions and non-conforming items that were noted. Page 23 of 55 Resubmittal is to be received by the ENGINEER within 10 calendar days of the date of the ENGINEERS transmittal requiring the resubmittal. Code 5 - "NOT APPROVED " is assigned when the submittal does not meet the intent of the Contract Documents . The CONTRACTOR must resubmit the entire package revised to bring the submittal into conformance . It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents . Code 6 - " COMMENTS ATTACHED " is assigned where there are comments attached to the returned submittal, which provide additional data to aid the CONTRACTOR. Code 7 —"FOR YOUR INFORMATION" is assigned when the package provides information of a general nature that may or may not require a response. Codes 1 through 5 designate the status of the reviewed submittal with Code 6 showing there has been an attachment of additional data. E Code 7 is used as may be necessary. E . Resubmittals will be handled in the same manner as first submittals . On resubmittals the CONTRACTOR shall direct specific attention, in writing on the letter of transmittal and on resubmitted drawings by use of revision triangles or other similar methods, to revisions other than the corrections requested by the ENGINEER, on previous submissions . Any such revisions that are not clearly identified shall be made at the risk of the CONTRACTOR. The CONTRACTOR shall make corrections to any work done because of this type revision that is not in accordance to the Contract Documents as may be required by the ENGINEER. F . Partial submittals may not be reviewed. The ENGINEER will be the only judge as to the completeness of a submittal . Submittals not complete will be returned to the CONTRACTOR, and will be considered "Not Approved" until resubmitted . The ENGINEER may at his/her option provide a list or mark the submittal directing the CONTRACTOR to the areas that are incomplete . i G. If the CONTRACTOR considers any correction indicated on the drawings to 6 constitute a change to the Contract Documents , the CONTRACTOR shall give immediate written notice thereof to the ENGINEER. t I. When the drawings have been completed to the satisfaction of the ENGINEER, the CONTRACTOR shall carry out the construction in accordance therewith and shall make no further changes therein except upon written instructions from the ENGINEER. 1 .06 DISTRIBUTION a. A . Distribute reproductions of approved drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the Page 24 of 55 ENGINEER. Number of copies shall be as required by the ENGINEER but shall not exceed 3 . 1 . 07 CONSTRUCTION PHOTOGRAPHS A. The CONTRACTOR shall make photos of the site prior to the work starting, and of the work in progress at key intervals and where directed by the Owner. Be Photographs may be made with digital files and kept on CD ' s for turning over to the owner with progress payments and when the project is complete . r 1 .08 SCHEDULES A . The CONTRACTOR shall submit a construction progress schedule prior to the work starting and with each request for payment. 1 .9 GENERAL PROCEDURES FOR SUBMITTALS A . Coordination of Submittal Times : Prepare and transmit each submittal sufficiently in advance of performing the related work or other applicable activities, so that the installation will not be delayed by processing times including disapproval and resubmittal (if required) , coordination with other submittals, testing, purchasing, fabrication, delivery and similar sequenced activities . No extension of time will be authorized because of the CONTRACTOR's failure to transmit submittals sufficiently in advance of the Work. * * END SUBMITTALS * * �Ir io Page 25 of 55 DELIVERY, STORAGE AND HANDLING PART 1 : GENERAL 1 .01 SCOPE OF WORK A. This Section specifies the general requirements for the delivery handling, storage and protection for all items required in the construction of the work. Specific requirements, if any, are specified with the related item . 1 . 02 TRANSPORTATION AND DELIVERY A. Transport and handle items in accordance with manufacturer' s instructions . B . Schedule delivery to reduce long-term on- site storage prior to installation and/or operation. Under no circumstances shall materials or equipment be delivered to the site more than one month prior to installation without written authorization from the Engineer. C . Coordinate delivery with installation to ensure minimum holding time for items that are hazardous, flammable, easily damaged, an environmental hazard, or sensitive to deterioration. D . Deliver products to the site in manufacturer's original sealed containers or other packing systems , complete with instructions for handling, storing, unpacking, protecting and installing. E . All items delivered to the site shall be unloaded and placed in a manner, which will not hamper the Contractor' s normal construction operation or and will not interfere with the flow of necessary traffic or create a public hazard or obstruction to public traffic . F . Provide necessary equipment and personnel to unload all items delivered to the site. G. Promptly inspect shipment to assure that products comply with requirements , quantities are correct, and items are undamaged . Notify Engineer verbally, and in writing, of any problems . 1 .03 STORAGE AND PROTECTION A. Store and protect products in accordance with the manufacturer's instructions, with seals and labels intact and legible. Storage instruction shall be studied by the Contractor and reviewed with the engineer by him/her. Instruction shall be ., carefully followed and a written record of this kept by the Contractor. Arrange storage to permit access for inspection. Page 26 of 55 Store loose granular materials on solid flat surfaces in a well- drained area. Prevent mixing with foreign matter. Cement and lime shall be stored under a roof and off the ground and shall be kept completely dry at all times . All structural, miscellaneous and reinforcing steel ' shall be stored off the ground or otherwise to prevent accumulations of dirt or grease , and in a position to prevent accumulations of standing water and to minimize rusting . Brick, block and similar masonry products shall be handled and stored in a manner to reduce breakage, cracking and spalling to a minimum. * * END DELIVERY, STORAGE AND HANDLING * * F fivf 4. Page 27 of 55 L TECHNICAL SPECIFICATIONS 1 . 01 GENERAL A. Visit to and inspection of the construction site will be made from time to time by representatives of permitting agencies , the Owner, or Engineer. The work will not be accepted by the owner until final acceptance is received by all jurisdictional agencies . B . No work shall be performed outside the limits of the designated work site without r authorization by the Owner. k C . Furnish sufficient labor, construction equipment and materials, and work as may be necessary to insure the prosecution of the work in accordance with the approved progress schedule . D . All excess excavated material and demolished seawall cap shall remain the property of the OWNER and shall be disposed of by the CONTRACTOR as directed by the ENGINEER and ift approved by the OWNER. E . Maintain traffic within the limits of the project for the duration of the construction period. Construct and maintain any necessary detours . Provide for access to residences etc . Furnish, L install and maintain traffic control and safety devices during construction. All traffic work L shall be in accordance with the Manual on Uniform Traffic Control Devices and Indian River County Traffic Department. F . Limits of the work will be defined by the ENGINEER. 1 .02 FIELD ENGINEERING AND LAYOUT A. The contractor shall furnish all construction staking. Staking shall be supervised by a Florida Registered Land Surveyor. B . Appropriate equipment shall be kept at the site at all times . C . All costs for staking the work shall be included in the appropriate bid items . D . The Contractor shall preserve all staking, benchmarks, reference points , etc . 1 .03 TESTING A. The Owner will pay for services of independent testing laboratories . CONTRACTOR shall coordinate all tests . One set of five field control cylinder specimen shall be taken for every days pour. One slump test shall be performed for each set of test cylinders taken . 1 . 04 SUBMITTALS rr A. CONTRACTOR shall be required to submit_ for approval a construction progress schedule . No work shall proceed or Notice to Proceed issued until that schedule is it Page 28 of 55 L. L approved . Updated construction progress schedule is required with each request for payment. ir B . CONTRACTOR shall submit detailed seawall construction drawings prepared by his engineer. The drawings shall be prepared by a Florida Licensed Professional Engineer and shall be signed, sealed, and dated. C . Where required for evaluation and approval of submittals , the Contractor will shop drawings to illustrate the materials , equipment or workmanship . 1 .05 TEMPORARY UTILITIES AND SERVICES : A. The Contractor is responsible for providing any temporary water service, sanitary facilities or electrical service to satisfactorily complete the work specified herein . Contractor is responsible for providing job site security until final acceptance by the Owner. Contractor is responsible for removing the temporary facilities when the work is accepted by the Owner. 1 . 06 RESTORATION A. The Contractor is responsible and shall repair all damage to the site, sod, and pavement, buildings, utilities, or other offsite structures, surface or subsurface, whether or not listed herein. It is the intent of these Specifications to place the responsibility on the CONTRACTOR to restore to their original condition all items disturbed, destroyed, or damaged during construction. 1 . 07 SITE CLEANUP A. The Contractor shall furnish all labor, equipment and materials necessary to cleanup and restore the site and offsite areas as directed by the owner after the Construction is completed. No debris or demolition material shall be allowed in the waterway. L 1 . 08 EROSION CONTROL AND DEWATERING : L A. The Contractor is solely responsible for preventing pollution caused by dewatering water or stormwater runoff from the site . Contractor is referred to Chapter 4, "Best is Management Practices of Erosion and Sedimentation Control" of the Florida Erosion and Sediment Control Inspector' s Manual . A copy of the manual is available for review in the office of the Stormwater Engineer location at 4375 43rd Avenue, Unit 102 , Vero Beach, Florida 32967 . 1 . 09 CLEARING AND GRUBBING, EARTHWORK A. As necessary to demolish and remove the existing seawall cap and construct the new cap , the Contractor shall clear and grub the entire site limits , of any debris, materials , structures , shrubs, roots, vegetation and suitably dispose of all such materials, at a site as • approved by the Owner or Engineer. Any hazardous materials shall be disposed of at a licensed recycle/treatment facility. L Page 29 of 55 B . Contractor shall perform all earthwork necessary for backfill with suitable material , all excavated areas and prepare same for receiving restoration sod. Backfill shall be adequately compacted to provide firm bearing for the deadmen . Where required to repair eroded areas CONTRACTOR shall install filter fabric and backfill with granular material . 1 . 11 SODDING A. CONTRACTOR shall furnish and install solid sod of the type that existed prior to the construction for restoration . Sod shall be installed in accordance with Section 575 of the ,. Florida Department of Transportation Standard Specifications for Road and Bridge Construction. 1 . 12 RECORD DOCUMENTS A . Upon completion of the project the CONTRACTOR shall provide the ENGINEER with complete accurate record documents of the actual project details as constructed. 1 . 13 . SEAWALL STANDARDS A. In the absence of standards or conflicts materials and construction methods shall be in r accordance with the Florida Department of Transportation Standard Specifications for Road and Bridge Construction latest revision (FDOTSSRBC) . B . Minimum 28day concrete compressive strength shall be 3000psi FDOTSSRC Section 346 Class 1) . Seawall cap shall be sized as per existing cap . As a minimum cap shall be reinforced with 4 number 5 ' s and number 3 ties at 24 inches on center. Tie rods to be a minimum of 1 inch diameter hot dipped galvanized with PVC sleeve . Ties to have a minimum spacing of 10 ' on center with minimum 3 ' by 3 ' reinforced concrete , deadmen . Filter fabric shall be installed prior to backfill. After concrete curing, cap shall receive two coats of "Thorocoat" or other approved waterproof protective coating . C . Reinforcing materials shall meet ASTM A615 Grade 60. Concrete shall receive a broom finish with joints per existing cap . Form work shall conform to ACI 347 "Recommended practice for Concrete Formwork" . Apply form coating to all forms . Continuous moist curing shall be provided immediately after finishing for a minimum of 3 days . Forms shall remain a minimum of 5 days . END TECHNICAL SPECIFICATIONS t Page 30 of 55 BID FORM Bidder NWULKL CJD UL (Bidder' s Name) hereafter called "CONTRACTOR". hereby submits TO : INDIAN RIVER County Purchasing Department 1800 27'' Street (Mail & Physical address) Vero Beach, Florida 32960 Project: Indian River County Bid # 2008070 Project Name MOORINGS CLUB & INDIAN RIVER COUNTY SEAWALL REPAIRS, Indian River County, Florida Bid: The undersigned, as CONTRACTOR, declares that he/she has reviewed the plans and specifications for the scope of the project, visited the premises to review existing conditions and has reviewed the contractual documents thereto; and has read all special provisions famished Prior to the opening of Bids; that he/she has satisfied himself/herself relative to the work to be performed. The CONTRACTOR proposes and agrees, if this Bid is accepted, to contract with the County to perform the Work in full and complete accordance with the shown, described, and reasonable intended requirements of the plans, specifications and Contract documents to the full and entire satisfaction of the County. GRAND TOTAL BID ITEMS lA dkrorglk 2D FROM ATTACHED BID SCHEDULE, Proposed Contract Sum: Base Bid Amount of: ' 46on UW, 11 .�-� _ lieu Base .a P ;ce wr;ueo Performance and Payment Bond: Required Addenda: The following Addenda have been received and are included in the Base Bid: Addendum No. l Yes � Date q !, g Addendum No. 2 Yes _ Date /D / /_,. Addendum No. 3 Yes _ Date Addendum No. 4 Yes _ Date Time of Completion: The Work shall commence immediately upon execution of the Contract and shall be Substantially Complete on or before 60 consecutive calendar days thereinafter. Page 3I of 55 Moo RINGS CLUB & -IMMN RPV1M COUNTY SEAMLA.LL REPAIRS BID SCHEDULE ITEM NO. DMRWMN QTY . UNIT* PRICE TOTAL 1 A Mobilization and demobilization for work 4ac ut to IS 011 060 to d MOORERGS CLUB PROPERTY. Insurance requirements for work adjacent to LS IS 66 c7fl 1 B MOORINGS CLUB PROPERTY 8� I C Bond requirements for work adjacent to MOORINGS LS LS 8/0 00 O v CLUB PROPERTY Remove and dispose of existing seawall cap, deadmen and ties, and constuct new cap, deadmen and ties, including coatings, fittw fabric, backfill and 270 eal Feet f 1 D compcetion, sodding, restmatiM clean-up, and related iuei&%Ws, adjacwt to MOORINGS CLUB PROPERTY . Lin 2A Mobilization and demobilization for warts adjacent to LS LS A 1 d o 060 � INDIAN RIVER COUNTY RIGHT-OF WAY 2B Insurance requirements for work adjacent to L3 LS MOORINGS CLUB PROPERTY 2C Bond requirements for work adjacent to MIAN j� Q�0 �� C?cP0 RIVER COUNTY RIGHT-0F-WAY Remove and dispose of emung seawall cap, dcaftw and ties, and construct new cap, deadmen and ties, 2D. including coatings, fiber fabric, bade and 340 Lineal Feet l�!J 9 xv °� compaction, sodding, , cb u' uWr ecce , related incidentals adjacent to MIAN RIVER. COUNTY RIGHT"F WAY. Grand Totalf1tems IA througb2D Show On Page 3IR TOTAL `� �� �� NOTE : As per the INSTRUCTIONS TO BIDDERS, Ar ' , e 7, CONSIDERATION OF BIDS AND AWARD OF CONTRACT, the OWNER rGserm the right to accept any of the above alternatives (Item IA through ZD) to be bwk ded in the CONTRACT. AWARDED. Page 33R of 55 AFFIDAVIT OF COMPLI.ANCE Indian River County Bid # 2008070 for Moorinss Club and Indian River County Seawall Repair We DO NOT take exception to the Bid / Specifications. 5.LL 1Q! kk) ❑ We TAKE exception to the Bid / Specifications as follows: M. V- -Qot mclA&orl 4o rA 4 Company Name: 5 �u ► u C,AWV) (SCC. Company Address : cP�OD OAC'O CCU ' Coo Telephone Number: ` W gXA0 Fax : i E-mail * �� y1 l��_J tW a0t • r i ( JQ Authorized Signature: Date: Name : dou I xmym Ahki — LIIIVX,44 Title: (ft IMo; • (Typed i Printed) Page 34 of 55 SWORN STATEMENT UNDER THE FLORIDA TRENCH SAFETY ACT THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK (" BIDDER "), OR ITS AUTHORIZED REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS, 1 . This Sworn Statement is submitted with Bid No . 2008000 for Moorings Club & Indian River County Seawall Repairs. '_ . This Sworn Statement is submitted by - � t ► yuVv� c � i �� i) � r1 a : , e 11✓�VUC'f1,E}YI 1... �- t_, (Legal Name of Entity Submitting Sworn Statement) hereinafter "BIDDER". ,The DER ' addr is ' 3 . My name isAUY�fULY1 and my relationship to the BIDDER t Name of lndividuaI Signing) is+sition or Title) 1 I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. 4 . The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act, Section 553 .60 et seg Florida Statutes and refer to the applicable Florida Statutes and/or OSHA Regulation(s) and include the "effective date" in the citation(s). Reference to and compliance with the applicable Florida Statute(s) and OSHA Regulation(s) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER ' s compliance with the Trench Safety Standards. 5 . The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards , 6 . The B DER has allocated and included in its proposal the total amount of S , based on the linear feet of trench to be excavated over five (5) feet deep , or compliance with the applicable Trench Safety Standards, and intends to comply with said standards by instituting the following specific method(s) of compliance on this Pro A r / Y Page 35 of 55 L The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness, or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance b with the Trench Safety Standards. 7 . The BIDDER has allocated and included in its proposal the total amount of S_ based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by institutin the following specific method(s) of cpoWpliance on this Project: zThe determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER 's compliance with the Trench Safety Standards. 8 . The BIDDER, in submitting this bid, represents that it has obtained and considered all available geotechnical information, has utilized said geotechnical information and that, based on such information and the BIDDER' s own information, the BIDDER has sufficient knowledge of the Project 's surface and subsurface site conditions and characteristics to assure BIDDER "s compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project. BIDDER: &KM- MXk4?AA MULL iQ By, Posit*rT1 �1.1aw�ScK 1l ritl�c� Date : _ �( STATE OF COUNTY OF P noy appeared beforq me, the undersigned authority, who , ter first be" sworn by me, affixed er, Zsignafrure in the space pro 'ded a ve on this ` day of�L_____-' 200rV M CommissionIN Public, State at large yr � y • '•.0 My Expires: �)�' * * SOP END OF STATEMENT * * di:• NO OQ Ile di fly 6 Page 36 of 55 T L SWORN STATEMENT UNDER SECTION 105.087 INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. i . This sworn statement is submitted with Bid, Proposal or Contract No. 2008070 for Moorings Club & Indian River County Seawall Roairs ? . This sworn statement is submitted by: , i MMM6JAd / ��`�'(f�l ;_ �► (Name of entity submitting Statement) whose �ne� s i � (2,s " 2, La 3 . My name is " (Please print name of individual si g) and my relationship to the entity named above is 4 . I understand that an "affiliate" as defined in Section 105 . 08, Indian River County Code, means : The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity . 5 . I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows : L Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half 9= brother, half sister, grandparent, or grandchild. b . Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies. ] ✓ either the entity submitting this sworn statement, nor any officers, directors, kli executives, partners, shareholders, employees, members, or agents who are active m management of the entity, have any relationships as defined in section 105 .08 , Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee : Page 37 of 55 Name of Affiliate Name of County Commissioner Relationship or entity or employee iuv4 = (Signature ve7 ��N ^ STATE OF 1.�. (Date) COUNTY OF Or l The fo egoinnstrument was acknowledged before me this day of 2A, by who is perso�11v known to me or .who has produced as identification. NOTA47Y PUBLIC SIGN: PRWr: "tow State of Florida at Large 1 /4 /L L 000000 My Commission BL Ex t"miry (Seal) 0 , 'we �7�Y :O' • .p 3 W: Ny cann . �. AUgo 14 2M2 • 0 = z No. oo !;u81.\C: OQ SOF�F�����`,. a Page 38 of 55 L BIDDER QUESTIONNAIRE r The undersigned guarantees the truth and accuracy of all statements and answers herein contained : Indian River County Bid # 2008070 for Moorings Club & Indian River County Seawall Repairs — 1 . How many years has your organization been in the business? ? . Number of employees "ON THE JOB " each week? io 3 . Will you subcontract any part of this work? If so , give details .__ � !�► �Q ,y-�-j e 4. Describe and 'v gi a the date and owner of the last three projects that you have completed within the previous 2 years which are similar in type, size, and nature as the one proposed? Required information shall include the project scope, Contract amount, date of Notice to Proceed, date of project final completion, number and amounts of change orders and magnitude of assessed liquidated damages, if applicable. Use additional sheets as required. 00 J2± 0AnVJYWn Myu vs. 5 - n u - t � e�alQ�s ,rads - 1440 6 llftve DiLli it 497 'Jow QL ✓ ► ., - dot 4 M ' Al 14 ©7 l ► } ffrJ "1, atvC n t�ctts 5 (&A ; pfr V60 ftew - a?tp OL.Cap d GI&odrun 315I©, °° 0 C�a.� oma vs , 5 . Have you ever failed to complete work awarded to you? If so, where and why? 6 . Provide the name, title, and contact information, including phone numbers, of three individuals or corporations for which you have performed similar work that Indian River County may contact for a reference : r 1) Firm *}J A t- a 1 lin �tty �I Phone # (•779 ) Contact o� c1 j }zdl Cd-i 2 ) FirmC.� 1(�ii .YL� ( Q it Phone # 606 - 3 ) Firmna(1 �� �� Phone # LO Cwt f�si d�.✓ i ,K %11a NQS - 0461 Page 39 of 55 4 7 . Name of person who insp ted sitt,. or proposed work for your Nam ; Date of Inspections:_ S . Describe any anticipated problems with the site and your proposed solutions : 9 . . Have you ever failed to Complete work awarded to you: if so, where and why? p Yes �a t 10. . What equipment do you own that is available for the work? L . State the true, exact, correct and complete name of the partnership, name under which you d usiness and the address of th place of business ::ratYon, or trade Correct N e of Bi��d¢¢er:OLptMlYIrU Qja,0 Address : C UD N1A��O �- 6 t 12 . . Attach copies of all current licenses , 65 9. Authorized to do business ' Indian River County or covenant to obtain such authorization prior to award of the Contract. L Y Yes (] No * * END QUESTIONNAIRE * * Yr. 60 r ire ` Page 40 of 55 E z: BIDDER 'S AFFIDA VIT REGARDING STATE OF FLORIDA CERTIFIED r EROSIONAND SEDIMENT CONTROL INSPECTOR (TO ACCOMPANTY BID - THIS AFFIDAVIT WILL BECOME PART OF THE CONTRACT DOCUMENTS IF A CONSTRUCTION CONTRACT IS AWARDED TO BIDDER) THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER. � t �THORIZED TO ADMINISTER OATHS . ******�+►,r,+.,�r*�,�r*,.#**.*****x,►,.�.*,ter,►***�xxxx,e�r.� E I'his sworn statement is submitted with Project No. 0822 for: Moorings Club & Indian River County Seawall Repairs f r STATE OF V LOVZ, OLO, f COUNTY OF � �C .IP �i. Before me, the undersigned authority, appeared © A &WWMAL,6 , who upon oath, duly administered, stated as follows : . This sworn statement is submitted by whose b i tess address �.is L ow Tu E2 � . my ar is and my relationship to the entity named above is i ? . I understand that if selected for this Project, I must provide a full-time State of Florida Certified Erosion and Sediment Control Inspector for the Project ' s full duration . .1 . I agree that I will be responsible for complying with all local, state, and federal requirements erosionand sediment control for the Project. regarding 5 . I understand that "pollution" as defined by Florida Statutes section 403 . 031 (7) means : . . . the presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or manmade or human-induced impairment of air or waters or alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or inj unous to human health or welfare, animal or plant life, or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law. " 6 . 1 understand that in addition to the definition set forth in Item 5 above, "pollution" is also defined by paragraph 1 . 5 of Section 02225 of the Technical Specifications for this Project. 7 . I understand that there are civil and criminal penalties for pollution listed in Florida Statutes section 403 . 161 and that there are other penalties listed in Section 02225 of the Technical Specifications for this Project. I understand that I may be liable for these and other penalties if pollution occurs as a result of my activities associated with the Project. 60 E . M State of Florida CqUfied Erosion and Sedimenj Controlhispector who will be assigned to this Project is : 1 S ' d his or her State of Florida Certi ricatt Number i . Page 41 of 55 Under pcnalty of perjury, I declare that I have read the foregoing affidavit and the facts stated in it are true. FURTHER AFFIANT SAYETH NAUGHT Signature : CWDate: b Printed Name : Theregoing instruryOnt was subscribedand sworn to before me this day of ✓ 20 by , who is personally known to me and who did take oath. Notary blic State of Florida a e ����ttttttu My Commission expires: I ! 3 Q,�,: B •Na�`''�4�� IT ao AAy * * END OF AFFIDAV * * '0 0 010 W My SOO No. DD 7WIMM " OO �9•. ?UOL 60 Via; ��� 1. • . . . . . . RIP OF 'F�`XF f- L L �i F 6 • Page 42 of 55 t 1 1441001 WODUU txl . 1 tsuu MARINE CONTRACTOR -- Cert Nbr: 16644 Exp : 7/31 /2009 Status : ACTIVEST. LUCIE VILLAGE z State Nbr: Exp: 46 SUMMERLINS MARINE CONSTRUCTION LLC aPC m SUMMERLIN YANCY , JOY 200 NACO ROAD PP'ATIONAL LICENSE NO 805 cc FORT PIERCE4 , FL 34946_ MUST BE CONSPICUOUSLY POSTED U c Signed : Dollars ; the name person , firm or corporation IZ. a � u . Su/ imerlin J Marine Location $ t . Lucie Villa a j_ ,, n 1 'H ` Is hereby Licensed to en ~ gage in the . business, profession or occupationf.-9 '' IN THE TOWN OF ST. LUCIE VILLAGE FL F 8 OR THE PERIOD BEGINNING SEPTEMBER 30 20 G ON OCTOBER 1 , 20 0 3 AND ENDING ON (SEAL) 0 9 ISSUED THIS LICENSE BECOMES N LL AND VOID iF BUSINES ME, ADDRESS IS CHANGED, UNLESS LICENSEE APPLIES TO CLERK OR CORR CTIONWNERSHIP OR VILLAGE CLERK SUBJECT TO SUSPENSION OR REVOCATION IN ACCORDANCE WITH ORDINANCES OF Diane P% Orae ' ,,. CITY OF SEBASTIAN, FLORIDA j SEBASTIAN CONTRACTOR LICENSE= I � v i 'a 0 1225 MAIN STREET, SEBASTIAN, FL32958 rrd Ti COMP CARD VALID OCTOBER 1 , 2008 TO SEPTEMBER 30, 2009 C� �O f i � Ir . , �. License: 1973 Expires: 9/30/2009 T Uj LU .. ype: MARINE CONSTRUCTION u w w x ; r Qualifier: JOY SUMMERLIN YANCY LLj a ;..► Ph : (772)464-6090 U Workers Comp: TC2JUB121D300906 Expires : 11/01 /2007 Insurance: MLP0200006 Expires: 12/07/200816 0 Fee Paid : 30.00 9/04/2008 w LL �'' "� w � � . TMN t a. w oor r � . t �i 1C 9' SUMMERLINS MARINE CONSTRUCTIO i ; `� p Q {-- 200 NACO RD. #C . ' 4 U. al FT. PIER CE, FL 34945 HOME p1" PU3CAN _ } � � ( �„ � " ,166# . . 3 ISIAND cc 4. w o 1 LLI t1L A: rid Q LICENSING SPECIALIST I �- v ��; J � � F a - - - — NON-TRANSFERABLE n F+ Z U Fist m M m W 0 Q a -- Doadman ® io ' o. C. 1t" VA* x IQ" osep Canaeds #3 SIMMs 24' O. C Cap w 4 M 50 ReiN L 14 ' x f0 ' QDnCI Cap H • H H w ; f • Gafr: In PVC e { . slNv�a, nXn. 004d"sm: 3 ' X 3I' X14W1440r 0. C. i m W Minimum 1 ' 1 ^ penaliaMon info sandy sal MT LD Mudline/ MHW - SECTION THRU BULKHEAD ELEVATION Fxtsffng Concrete Wall Co m Scale MS N N r • 1 • 1L 2 ] • 1 ' ' f 1 1 1 Lit dddddd •. rY 1 ; � Il ' . ; fM ' tv ; • 1 ��II 1 l �++� 1 1• •, " t 1 1 1 • I ■ • . _ r � 1 / 1 11 • . • . • • • • w - • � � If I It 1VA 11 FILI f f 111 1 • I � I I ob 05 21 Lt4 ■ t 1 1 1 • LL � � �� 1 Y t ■ 1 1 1 1 / 1 1 ■ 1 • 1 . - It V 145 • i 910 It • tL It '. Jf • 11 1 , 1 1 / I P"Due" Beecher • • • • Carlson • r « • • • 10 • • Street, : : 10 • • • • • •Woodland Hills, CA 91367q • • • ' • r • • INSURERS AFFORDING COVERAGE includingKoosharem Corporation and Subsidiaries Y / State Santa Barbara • / FIF • 7 ] • • • • • e • • • y • • • • « r •IJP tla •. . . : : �■ ■ n� :� • a r - c ©� ■ ■ no ] ®© ■ ■i ■iii©■■ • � - • = .A ° • r. • ! ! / : • ! 1 1 ' � �lq'".1�1 rte...'-t, ■ ■a _■ ewspt Ir • ;QA SCF C4435391A (WQ • i 1 1 : 1 1 1 . �.' ^' - . L 1 111 1111 WORKER'S • , • • PROVIDES • : • FOR WESTAFF EMPLOYEESr • • • CONSTRUCTION, • COMPENSATION Poucy INCLUDES LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT COVERAGE • r • INDIAN RIVER COUNTY DATE MMOF. WE MOM MUM VALL 6WAVOR TOwa 30 mys 1 NO=E . THE CERMCATE NOLOM NMED TO TM LEFTm SM FALURE TO ff LT IN 3: p • � : C • f 1 1 • 1 1 1 • ■ • • • • • t- • Cl AGREEMENT This Agreement made and entered intooWs _ / _ _ day of2 by and between SU MMERLIN ' S MARINE CONSTRUCTION C hereinafter called the Contractor and Indian River County herein called the Owner. WITNESSETH: Owner and Contractor, in consideration of the mutual covenants hereinafter set forth , agree as follows : Article 1 . SCOPE OF WORK * 1 . 1 As per specifications of advertised and sealed bid in Indian River County Bid # 2008070 Moorings Club & Indian River County Seawall Repairs . a Contractor, as an independent Contractor and not as an employee, shall furnish, for the sum of zseventy-five thousand , seven hundred and fifty Dollars ($ 75 , 750 . 00 all of the necessary labor, material, and equipment to perform the work described in accordance with the Contract Documents . 1 . 2 PAYMENT PROCEDURES 1 .2 . 1 . Progress Payments The Owner shall make progress payments to the Contractor on the basis of the approved partial payment request as recommended by Engineer in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218 . 70 et. seq. 1 .2 . 2 . The Owner shall retain ten percent ( 10%) of the payment amounts due to the Contractor until fifty percent (50%) completion of the Work. After fifty percent (50%) completion of the Work is attained as certified to Owner by Engineer in writing, Owner shall retain five percent (5%) of the payment amount due to Contractor until final completion and acceptance of all Work to be performed by Contractor under the Contract Documents. Pursuant to Florida Statutes section 218 . 735(8)(b), fifty percent (50%) completion means the point at which the County as Owner has expended fifty percent (50%) of the total cost of the construction services Work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services Work provided under the Contract Documents , 1 .2 . 3 . Payequests. Each request for a progress payment shall be submitted on the application for payment form supplied by Owner and the application for payment shall contain the Contractor' s certification. All progress payments will be on the basis of progress of the Work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218 . 735(8)(d), the Contractor may submit a pay request to the County as Owner for up to one half ( 112) of the retainage held by the County, and the County shall promptly make payment to the Contractor unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255 .05(2005); or otherwise the subject of a claim or demand by the County or the Contractor. The Contractor acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors Page 43 of 55 b and suppliers . Pursuant to Florida Statutes section 218 . 735 (8)(c)(2005) , Contractor further acknowledges and agrees that : 1 ) the County shall receive immediate written notice of all decisions made by Contractor to withhold retainage on any subcontractor at greater than five percent (5 %) after fifty percent (50%) completion; and 2) Contractor will not seek release from the County of the withheld retainage until the final pay request. 1 . 2 . 4 . Paragraphs 1 . 2 . 2 and 1 . 2 . 3 do not apply to construction services Work purchased by the County as Owner which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines . 1 . 2 . 5 . In accordance with the provisions of Florida Statutes section 208 . 735 (7)(a)(2005), upon receipt of the draft certificate of substantial completion from Engineer, the Owner, the Engineer, { and the Contractor shall conduct a walk-through of the Project to document a list of any items required to render the Work on the Project complete, satisfactory, and acceptable under this Agreement (herein the " Statutory List") . The Statutory List shall be reduced to writing and circulated among the Owner, the Engineer, and the Contractor by the Owner or the Engineer within 30 calendar days after substantial completion. The Owner and Contractor acknowledge and agree that : 1 ) the failure to include any corrective work or pending items not yet completed on the Statutory List does not alter the responsibility of the Contractor to complete all of the Work under this Agreement; 2) upon completion of all items on the Statutory List, the Contractor may submit a pay request for all remaining retainage except as otherwise set forth in this Agreement; and 3 ) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the obligation of the Contractor to complete to the Owner ' s satisfaction under this Agreement. After receipt of the Statutory List by the Contractor, the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion on the Project. Article 2 . TIME OF COMPLETION 60 Days from receipt of the Notice to Proceed. Article 3 . GENERAL 3 . 1 . The Contractor hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made ; and shall complete the same the time limit specified herein in accordance with the plans and specifications . 3 . 2 . The Owner and Contractor agree to maintain records, invoices, and payments for the work sufficient for pre and post payment audit. . 3 . 3 All work under this Contract shall be done to the satisfaction of the Owner, who shall in all cases determine the amount, quality, fitness, and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the Contractor, and Owner' s decision thereon shall be Page 44 of 55 L final and conclusive ; and such determination and decision in case a question shall arise shall be Y a condition precedent to the right of the Contractor to receive any money hereunder. 3 . 4 . Any clause or section of this contract or specification which may for any reason be declared invalid by a court or competent jurisdiction, including appeal, if any, may be eliminated therefrom; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein. Article 4 . QUANTITIES AND PRICES The Owner shall pay the Contractor for all work included and completed in accordance with this Contract, based on the items of work set forth in the Contractor ' s Bid Form. Article 5 . ACCEPTANCE AND FINAL PAYMENT 5 . 1 . When the work provided for under this contract has been completed, in accordance with the terms thereof, that a lump sum payment request in the amount of such work shall be prepared by the Contractor, and filed with the Owner within fifteen ( 15 ) days after the date of completion. 5 . 2 . The final estimate shall be accompanied by a Certificate of Acceptance issued by the Engineer, stating that the work has been completed to his satisfaction, in compliance with the Contract. The Certificate of Acceptance shall not be issued until completed As-Built Drawings of the actual construction have been furnished to the Owner and verified. 5 . 3 . In accordance with the Local Government Prompt Payment Act, after receipt of the Engineer ' s final acceptance by the Owner, the Owner shall make payment to the Contractor in the full amount. Payment of the lump sum amount and acceptance of such payment by the Contractor shall release the Owner from all claims or liabilities to the Contractor in connection with this Contract. Article 6 . THE CONTRACT DOCUMENTS The General Conditions , Special Conditions, Specifications, Bid Documents, Insurance Requirements (Exhibit A), Bonds , and the Drawings , together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein. Article 7 . VENUE This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or in the event of Federal jurisdiction, in the United States District Court for the Southern District of Florida. IN WITNESS WHEREOF , OWNER AND CONTRACTOR have signed this Agreement the day and year first written above . ( Remainder of This Page Intentionally Left Blank) Page 45 of 55 L e OWNER:_ r` BOARD ' S BOUNTY CONMSSIONERS INDIAN RIVER CO�J1VT�r,FLORIDA CONTRACTOR, SUMMERLIN ' S MARINE CONSTRUCTION LLC By: z o& (A.. t A Wesley S. Davis, Chairman (Sign ture Approved by BCC By: (Printed name nd title) (N�YY� . rnQnn�b ATTEST : Jeffery K. Barton, Clerk of Circuit Court Witnessed by: %2" % * P�Q� IA" gL- Deputy Clerk (Printed name Approved : B 2o,I ph A. aird, County Administ (Signature) A proved as to form and legal sufficiency : 4 . 11 A me *riaW E . Fell, S nior Assistant County Attorney L L L Page 46 of 55 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS : BY THIS BOND , we L as Principal (Contractor) , (Insert name, principal business address, and telephone number of Principal/Contractor) Y and L a corporation, as Surety, (Insert name, principal business address, and telephone number of Surety) 60 are held and firmly bound unto the County of Indian River, Florida (Owner) , 1801 27th Street, Vero Beach, Florida 32960, (772-567 - 8000) , in the sum of Dollars amounting to 100 % of the total bid price . For the payment of said sum we bind ourselves , our heirs, executors, administrators and assigns , jointly and severally, for the faithful performance of a certain written Contract, dated the day of , 20_, entered into between the Principal and the County of Indian River, for: Bond Number: Project Name : Moorings Club a & Indian River County Seawall Repairs County Project Number: 0822 Project Address : 400 & 600 Harbour Drive, Vero Beach, Fl. 32963 Project Description : Construction of Seawall Repairs, and Related Incidentals. A copy of said Contract including all Contract Documents therein referenced and made a part thereof is incorporated herein by reference and is made a part hereof as if fully copied herein. The provisions of Florida Statutes section 255 .05 (2007) , together with all notice and time provisions contained in Florida Statutes section 255 .05 (2) , shall apply to this Bond. NOW , THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall in all respects comply with the terms and conditions of said Contract and its obligations thereunder, LI including all of the Contract Documents therein referred to and made a part thereof, and such alterations as may be made in the Contract Drawings and Specifications as therein provided for, and shall indemnify and save harmless the County of Indian River, as set forth in the Contract, against and from all expenses , damages, injury or conduct, want of care of skill , negligence or default, including patent infringement on the part of the Principal, his agents or employees, in the execution or performance of said Contract, then this obligation shall be null and void; otherwise, the Principal and Surety, jointly and severally, agree to pay the County of Indian River any difference between the sum that the County of Indian River may be obliged to pay for the completion of said Work, by contract or otherwise , and any damages, whether direct, indirect, or consequential, including reasonable attorney ' s fees (including appellate proceedings), which rr.. Page 47 of 55 the County of Indian River may incur as a result of the failure of the Principal to properly execute all of the provisions of the Contract. AND , the said Principal and Surety hereby further bind themselves, their successors, executors, administrators and assigns, jointly and severally, that they will amply and fully protect the County of Indian River against, and will pay any and all amounts , damages, costs and judgments, including reasonable attorney fees (including appellate proceedings) which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same , or his agents or his servants, or the infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise . Principal and Surety expressly acknowledge that any and all provisions relating to liquidated damages contained in the Contract are expressly covered by and made a part of this Bond. Principal and Surety acknowledge that any such provisions lie within their obligations and within the policy coverages and limitations of this Bond. AND , the said Surety, for value received, hereby stipulates and agrees that no change, extension of time , increase in the Contract price , alteration or addition to the terms of the Contract or to the Work to be performed thereunder, or the Specifications or Drawings accompanying the same , shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change , extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications or Drawings . AND the Surety represents and warrants to the County of Indian River that it has a Best ' s Key Rating Guide , General Policy Holder' s Rating of "A" and Financial Size Category of Class "VII" . AND , the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Final Completion as established on the Certificate of Final Completion as issued by the County of Indian River. IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, this day of , 20_, the name and corporate seal of each corporate party being hereto r affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body . WHEN THE PRINCIPAL IS A CORPORATION : Attest : L Secretary Name of Corporation BY : (Affix Corporate SEAL) Printed Name Official Title Page 48 of 55 CERTIFICATE AS TO CORPORATE PRINCIPAL I , certify that I am the Secretary of the corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal was then of said corporation : that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed and attested for and on behalf of Said corporation by authority of Its governing body. Secretary (SEAL) TO BE EXECUTED BY CORPORATE SURETY : Attest: LSecretary Corporate Surety Business Address BY : (Affix Corporate SEAL) Attomey4n-Fact Name of Local Agency Business Address STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public , duly commissioned, qualified and acting, personally appeared ' to me well known, who being by me first duly sworn upon oath, says that he is the attorney-in-fact for the and that he has been authorized by to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this day of 20 Notary Public , State of Florida My Commission Expires : 60 Any claims under this bond shall be addressed to : L Page 49 of 55 Name and address of Surety : Name and address of agent or representative in Florida if different from above : r Telephone number of Surety and agent or representative in Florida: * * END OF BOND * * END OF PERFORMANCE BOND SECTION P t 4 t Page 50 of 55 E. L PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS : BY THIS BOND , we as Principal (Contractor) , I' ( Insert name, principal business address, and telephone number of Principal/Contractor) and a corporation, as Surety, (Insert name, principal business address, and telephone number of Surety) are held and firmly bound unto the County of Indian River (Owner) , Florida, 1801 27th Street, Vero Beach, Florida 32960, (772-567-8000) , in the sum of Dollars amounting to 100% of the total bid price . For the payment of said sum we bind ourselves, our heirs , executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the day of , 20 , entered into between the Principal and the County of Indian River, for: Bond Number: irr Project Name : Moorings Club a & Indian River County Seawall Repairs County Project Number: 0822 Project Address : 400 & 600 Harbour Drive, Vero Beach, Fl. 32963 Project Description : Construction of Seawall Repairs, and Related Incidentals. A copy of said Contract including all Contract Documents therein referenced and made a part thereof is incorporated herein by reference and is made a part hereof as if fully copied herein . NOW , THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly make payments to all claimants , as herein below defined, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions : 1 . A claimant, as defined in Florida Statutes Section 255 . 05 ( 1 ) (2005 ), supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the Ir Work provided for in the Contract. 2 . The provisions of Florida Statutes section 255 . 05 (2005 ) , together with all notice and time provisions contained in Florida Statutes section 255 .05 (2) , shall apply to this Bond. The Surety, for value received, hereby stipulates and agrees that no change , extension of time , increase in Contract price, alteration of or addition to the terms of the Contract or to the Work to be performed thereunder or to the Drawings or Specifications applicable thereto , shall in any way affect its obligations Page 51 of 55 on this Bond, and the Surety hereby waives notice of any such change, extension of time , alterations of or addition to the terms of the Contract, or to the Work or to the Specifications or to the Drawings . The Surety represents and warrants to the County of Indian River that it has a Best's Key Rating Guide , General Policyholder's rating of " A - " and Financial Size Category of Class " VII" . The Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Final Completion as established on the Certificate of Final Completion as issued by the County of Indian River. The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses , damages , expenses, costs, and attorney ' s fees, including appellate proceedings, that the County of Indian River sustains because of a default by the Principal under the Contract . 6 IN WITNESS WHEREOF , the above bound parties executed this instrument under their several seals, this day of , 20_, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WHEN THE PRINCIPAL IS A CORPORATION: Attest : Secretary Name of Corporation BY : (Affix Corporate SEAL) Printed Name Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL I , certify that I am the Secretary of the corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal was then of said corporation: that I know his signature , and his signature thereto is genuine; and that said Bond was duly signed, sealed and attested for and on behalf of Said corporation by authority of Its governing body . Secretary ( SEAL) TO BE EXECUTED BY CORPORATE SURETY : Page 52 of 55 Attest: L Secretary Corporate Surety Business Address BY : .L (Affix Corporate SEAL) Attorney-In-Fact it Name of Local Agency Business Address STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me , a Notary Public , duly commissioned, qualified and acting, personally appeared , to me well known, who being by me first duly sworn upon oath, says that he is the attorney-in-fact for the and that he has been authorized by to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this day of 20 Notary Public , State of Florida My Commission Expires : Any claims under this bond shall be addressed to : Name and address of Surety : Name and address of agent or representative in Florida if different from above : z. Telephone number of Surety and agent or representative in Florida: ( ) - * * END OF BOND * * END OF PAYMENT BOND SECTION L Page 53 of 55 EXHIBIT A — INSURANCE REQUIREMENTS Contractors and Subcontractors Insurance : The Contractor shall not commence work until he has obtained all the Insurance required under this section, and until such Insurance has been approved by the Owner, nor shall the Contractor allow any Subcontractor to commence work until the Subcontractor has obtained the Insurance required for a Contractor herein and such Insurance has been approved unless the Subcontractor ' s work is covered by the protection afforded by the Contractor ' s Insurance . Workers ' Compensation Insurance : The Contractor shall procure and maintain worker ' s compensation insurance to the extent required by law for all his employees to be engaged in work under this contract . In case any employees are to be engaged in hazardous work under this contract and are not protected under the workers ' compensation statute, the Contractor shall provide adequate coverage for the protection of such employees . Public Liability Insurance : The Contractor shall procure and shall maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below . The Owner shall be an additional named insured on this insurance with respect to all claims arising out of the operations or work to be performed . Commercial General : $ 1 , 000,000 . 00 combined liability single limit for (other than automobile) bodily injury and property damage . Premises / Operations Independent Contractors Products / Completed Operations Personal Injury Contractual Liability Explosion, Collapses, and Underground Property Damage Commercial Automobile : $ 1 ,000 , 000 . 00 combined and damage liability single limit for bodily injury and property damage . Owned / Leased Automobiles Non- Owned Automobiles Hired Automobiles rr Builder ' s Risk Insurance : The Contractor shall procure and shall maintain builder' s risk insurance ("all risk" with limits equal to one hundred percent ( 100%) of the completed value of the structure( s) , building(s) , or addition(s)) . It shall include a Waiver of Occupancy Endorsement to enable the County to contract calls for the installation of machinery or equipment. The policy must be endorsed to provide coverage during transit and installation. The maximum deductible allowable under this coverage is $ 500 . 00 per claim. Proof of Insurance : The Contractor shall furnish the Owner a Certificate of Insurance in a form acceptable to the Owner for the insurance required. Such certificate or an endorsement provided by the Contractor must state that the Owner will be given thirty (30) days written notice prior to k Page 54 of 55 cancellation or material change in coverage . Copies of an endorsement-naming Owner as Additional Name Insured must accompany the Certificate of Insurance . * * END INSURANCE REQUIREMENTS * * APPENDIX A e DETERMINATION AS TO DEP PERMIT REQUIREMENTS : From : Martin, Nicole [ mailto : Nicole . Martin@dep .state .fl . us] Sent: Wednesday, June 04, 2008 9 : 44 AM To : Clifford Suthard Subject: RE : Moorings Seawall Repairs; Mangrove Tree conflicts Good Morning Cliff: Necessary alteration of the mangroves may occur under 403 . 9328 ( 5 ) , Florida Statue ( F . S . ) * without authorization from the DEP . If the alteration is limited to that necessary to complete the exempt sea wall repair under 403 . 813 ( 2 ) ( e ) , F . S . , then no further authorization is necessary . Any work that is not entirely needed to repair the exempt seawall will then require the 403 . 9328 ( 2 ) review for alteration and a permit will be required . * ( 5 ) A permit is not required under ss . 403 .9321 -403 . 9333 to trim or alter mangroves if the trimming or alteration is part of an activity that is exempt under s . 403 . 813 or is permitted under part IV of chapter 373 . The procedures for permitting under part IV of chapter 373 will control in those instances . Please contact me if you have any additional questions or concerns . Have a great day, Nicole Martin FbEP - Environmental Resource Permitting Central District 3319 Maguire Blvd . ; 5uite 232 Orlando , FL 32803 407- 893 - 7865/ Fax : 407 - 893 - 3075 Page 55 of 55