HomeMy WebLinkAbout2008-307A SECTION 00300 = Bid Package Contents
THIS PACKAGE CONTAINS :
SECTION TITLE SECTION NUMBER
Bid Form 00310
Bid Bond 00430
Sworn Statement on Disclosure of Relationships 00452
Sworn Statement Under the Florida Trench Safety Act 00454
General Information Required of Bidders 00456
List of Subcontractors 00458
G
SUBMIT TWO (2 ) COPIES OF THIS COMPLETE PACKAGE WITH YOUR BID
r
* * END OF SECTION
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003001
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SECTION 00520 - Agreement ( Public Works)
THIS AGREEMENT is by and between INDIAN RIVER COUNTY , a Political Subdivision of the
State of Florida organized and existing under the Laws of the State of Florida , (hereinafter called
OWNER)
and
(hereinafter called CONTRACTOR) .
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth ,
agree as follows :
ARTICLE 1 - WORK
1 . 01 CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents . The Work is generally described as follows :
The project will consist of the completion of the remaining improvements in Eagle Trace
Subdivision-Phase II . These improvements will include but not necessarily be limited to
utilities , paving , drainage , grading , landscaping and irrigation work
ARTICLE 2 - THE PROJECT
2 . 01 The Project for which the Work under the Contract Documents may be the whole or only a
part is generally described as follows :
Project Name : Eagle Trace Subdivision - Phase II
County Project Number: 0813
Project Address : Northeast Corner of Kings Highway and 61 " Street
ARTICLE 3 — ENGINEER
3 . 01 The Indian River County Public Works Department is hereinafter called the ENGINEER
and will act as OWNER's representative , assume all duties and responsibilities , and have
the rights and authority assigned to ENGINEER in the Contract Documents in connection
with the completion of the Work in accordance with the Contract Documents .
ARTICLE 4 - CONTRACT TIMES
4 . 01 Time of the Essence
A. All time limits for Milestones , if any, Substantial Completion , and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.
4 . 02 Days to Achieve Final Completion and Final Payment
A. The work will be substantially completed on or before the 90th day after the date when the
Contract Times commence to run as provided in paragraph 2 . 03 of the General
Conditions , and completed and ready for final payment in accordance with paragraph
14 . 07 of the General Conditions on or before the 120th day after the date when the
Contract Times commence to run .
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4 . 03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and
that OWNER will suffer financial loss if the Work is not completed within the times specified
in paragraph 4 . 02 above , plus any extensions thereof allowed in accordance with Article
12 of the General Conditions . Liquidated damages will commence for this portion of work.
The parties also recognize the delays , expense , and difficulties involved in proving in a
legal proceeding the actual loss suffered by OWNER if the Work is not completed on time .
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that
as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER
$ 100 . 00 for each calendar day that expires after the time specified in paragraph 4 . 02 for
Substantial Completion until the Work is substantially complete . After Substantial
Completion , if CONTRACTOR shall neglect, refuse , or fail to complete the remaining Work
within the Contract Time or any proper extension thereof granted by OWNER,
CONTRACTOR shall pay OWNER $ 100 . 00 for each calendar day that expires after the
time Specified in paragraph 4 . 02 for completion and readiness for final payment until the
Work is completed and ready for final payment.
ARTICLE 5 = CONTRACT PRICE
5 . 01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents , an amount in current funds equal to the sum of the amounts
determined pursuant to paragraph 5 . 01 .A and summarized in paragraph 5 . 01 . 13 , below:
A. For all Work, at the prices stated in CONTRACTOR's Bid , attached hereto as an exhibit.
B . THE CONTRACT SUM subject to additions and deductions provided in the Contract: :
Numerical Amount : $
Written Amount:
ARTICLE 6 - PAYMENT PROCEDURES
6 . 01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of
the General Conditions . Applications for Payment will be processed by ENGINEER as
provided in the General Conditions and the Contract * Documents .
6 . 02 Progress Payments,
A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the
approved partial payment request as recommended by ENGINEER in accordance with
the provisions of the Local Government Prompt Payment Act, Florida Statutes section
218 . 70 et . seq . The OWNER shall retain ten percent ( 10 % ) of the payment amounts due
to the CONTRACTOR until fifty percent (50 % ) completion of the work . After fifty percent
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(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 .
6 . 03 Pay Requests.
A . Each request for a progress payment shall be submitted on the application for payment
form supplied by OWNER and the application for payment shall contain the
CONTRACTOR' S certification . All progress payments will be on the basis of progress of
the work measured by the schedule of values established , or in the case of unit price
work based on the number of units completed . After fifty percent (50 % ) completion , and
pursuant to Florida Statutes section 218 . 735 (8 ) (d ) , the CONTRACTOR may submit a
pay request to the County as OWNER for up to one half ( 1 /2 ) of the retainage held by
the County as OWNER, and the County as OWNER shall promptly make payment to the
CONTRACTOR unless such amounts are the subject of a good faith dispute ; the subject
of a claim pursuant to Florida Statutes section 255 . 05 (2005 ) ; or otherwise the subject of
a claim or demand by the County as OWNER or the CONTRACTOR . The
CONTRACTOR acknowledges that where such retainage is attributable to the labor ,
services , or materials supplied by one or more subcontractors or suppliers , the
Contractor shall timely remit payment of such retainage to those subcontractors and
suppliers . Pursuant to Florida Statutes section 218 . 735 (8 ) (c) (2005 ) , CONTRACTOR
further acknowledges and agrees that: 1 ) the County as OWNER shall receive
immediate written notice of all decisions made by CONTRACTOR to withhold retainage
on any subcontractor at greater than five percent (5 % ) after fifty percent (50 % )
completion ; and 2 ) CONTRACTOR will not seek release from the County as OWNER of
the withheld retainage until the final pay request.
6 . 04 Paragraphs 6 . 02 and 6 . 03 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 .
6 . 05 Acceptance of Final Payment as Release .
A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a
release to the OWNER from all claims and all liability to the CONTRACTOR other than
claims in stated amounts as may be specifically excepted by the CONTRACTOR for all
things done or furnished in connection with the work under this Contract and for every
act and neglect of the OWNER and others relating to or arising out of the work . Any
payment , however, final or otherwise , shall not release the CONTRACTOR or its
sureties from any obligations under the Contract Documents or the Payment and
Performance Bonds .
w
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ARTICLE 7 = INDEMNIFICATION
7 ..01 CONTRACTOR shall indemnify OWNER , ENGINEER, and others in accordance with
paragraph 6 . 20 (Indemnification) of the General Conditions to the Construction Contract.
ARTICLE 8 = CONTRACTOR' S REPRESENTATIONS
8 . 01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the
following representations :
A. CONTRACTOR has examined and carefully studied the Contract Documents and the
other related data identified in the Bidding Documents .
B . CONTRACTOR has visited the Site and become familiar with and is satisfied as to the
general , local , and Site conditions that may affect cost, progress , and performance of the
Work .
Co CONTRACTOR is familiar with and is satisfied as to all federal , state , and local Laws and
Regulations that may affect cost, progress , and performance of the Work .
D . CONTRACTOR has carefully studied all : ( 1 ) reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical conditions in
or relating to existing surface or subsurface structures at or contiguous to the Site (except
Underground Facilities ) , if any, which have been identified in the Supplementary
Conditions as provided in paragraph 4 . 02 of the General Conditions and (2 ) reports and
drawings of a Hazardous Environmental Condition , if any, at the Site which have been
identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General
Conditions .
E . CONTRACTOR has obtained and carefully studied (or assumes responsibility for having
Ir . done so) all additional or supplementary examinations , investigations , explorations , tests ,
studies , and data concerning conditions (surface , subsurface , and Underground Facilities )
at or contiguous to the Site which may affect cost, progress , or performance of the Work or
which relate to any aspect of the means , methods , techniques , sequences , and
procedures of construction to be employed by CONTRACTOR , including applying the
specific means , methods , techniques , sequences , and procedures of construction , if any ,
expressly required by the Contract Documents to be employed by CONTRACTOR , and
safety precautions and programs incident thereto
F . CONTRACTOR does not consider that any further examinations , investigations ,
explorations , tests , studies , or data are necessary for the performance of the Work at the
Contract Price , within the Contract Times , and in accordance with the other terms and
conditions of the Contract Documents .
G . CONTRACTOR is aware of the general nature of work to be performed by OWNER and
others at the Site that relates to the Work as indicated in the Contract Documents .
H . CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site , reports and drawings identified in the
Contract Documents , and all additional examinations , investigations , explorations , tests ,
studies , and data with the Contract Documents .
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I . CONTRACTOR has given ENGINEER written notice of all conflicts , errors , ambiguities , or
discrepancies that CONTRACTOR has discovered in the Contract Documents , and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR .
J . The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
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ARTICLE 9 - CONTRACT DOCUMENTS
9 . 01 Contents
A. The Contract Documents consist of the following :
1 . This Agreement ( pages 1 to 9 , inclusive ) ;
2 . Performance Bond ( pages 1 to 5 inclusive ) ;
3 . Payment Bond ( pages 1 to 5 , inclusive ) ;
4 . General Conditions (pages 1 to 45 , inclusive ) ;
5 . Supplementary Conditions ( pages 1 to 8, inclusive ) ;
6 . Specifications as listed in the table of contents of the Project Manual ;
7 . Drawings consisting of a cover sheet and sheets numbered through ,
I
nclusive , with each sheet bearing the following general title : ;
8 . Addenda (numbers to , inclusive ) ;
9 . Appendices to this Agreement (enumerated as follows ) :
None used .
10 . Notice to Proceed ( Page 1 , inclusive)
11 . CONTRACTOR' S BID (pages 1 to 8 , inclusive)
12 . Bid Bond (page 1 ) , Qualifications Questionnaire ( page 1 to 4 , inclusive ) , List of
Subcontractors ( page 1 inclusive ) .
13 . Sworn Statement Under the Florida Trench Safety Act (pages 1 to 2 , inclusive )
14 . Sworn Statement Under Section 105 . 08 , Indian River County Code , on Disclosure of
Relationships (pages 1 to 2 , inclusive)
15 . The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto :
a ) Written Amendments ;
b ) Work Change Directives;
c) Change Order(s) ,
16 , Contractor' s Final Certificate of the Work (page 00632 — 1 & 2 of the Specifications )
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ARTICLE 10 = MISCELLANEOUS
10 . 01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General Conditions .
10 . 02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be
binding on another party hereto without the written consent of the party sought to be
bound ; and , specifically but without limitation , moneys that may become due and moneys
that are due may not be assigned without such consent (except to the extent that the effect
of this restriction may be limited by law) , and unless specifically stated to the contrary in
any written consent to an assignment, no assignment will release or discharge the
assignor from any duty or responsibility under the Contract Documents .
10 . 03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners , successors , assigns , and
legal representatives to the other party hereto , its partners , successors , assigns , and legal
representatives in respect to all covenants , agreements , and obligations contained in the
Contract Documents .
10 . 04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shall be deemed stricken , and all remaining provisions shall
continue to be valid and binding upon OWNER and CONTRACTOR , who agree that the
Contract Documents shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision .
10 . 05 Venue
A. This Contract 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 Contract shall
be in Indian River County, Florida , or, in the event of a federal jurisdiction , in the United
States District Court for the Southern District of Florida .
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IN WITNESS WHEREOF , OWNER and CONTRACTOR have signed this Agreement in duplicate .
One counterpart each has been delivered ' to OWNER and CONTRACTOR . All portions of the
Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their
behalf.
This Agreement will be effective on , 20 (the date the Contract is
approved by the Indian River County Board of County Commissioners , which is the Effective Date
of the Agreement) .
OWNER : CONTRACTOR:
INDIAN RIVER COUNTY
By : By:
Sandra Bowden , Chairman (Contractor)
By: (CORPORATE SEAL )
Joseph A. Baird , County Administrator
Attest
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By .
William G . Collins , II , County Attorney Address for giving notices :
Jeffrey K . Barton , Clerk of Court
License No .
Attest: (Where applicable )
Deputy Clerk
(SEAL ) Agent for service of process :
Designated Representative .
Name : Christopher J . Kafer, Jr. , P . E . Designated Representative :
Title . County Engineer - Name :
1801 27th Street Title :
Vero Beach , Florida 32960 Address :
(772 ) 567-8000 , ext . 1221
Facsimile : (772 ) 778-9391
Phone :
Facsimile :
( If CONTRACTOR is a corporation or a
partnership , attach evidence of authority to sign . )
* * END OF SECTION
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_ a
SECTION 00550 - Notice to Proceed
Dated 11 /5/08
[Certified Mail -- Return Receipt Requested ]
- t TO :
r Timothy Rose Contracting , Inc .
(BIDDER)
ADDRESS :
�r
1360 SW Old Dixie Highway , Suite 106
Vero Beach , Florida 32962
r
L
Contract For:
it Eagle Trace Subdivision - Phase II
^ ( insert name of Contract as it appears in the Contract Documents )
Project : 0813
OWNER 's Bid No . 2008074
[r
You are notified that the Contract Times under the above contract will commence to run on
November 5 , 2008 . By that date , you are to start performing your obligations under the Contract
Documents . The contract has allocated 90 days for the completion of this project . In
accordance with Article 4 of the Agreement the date of Substantial Completion is no later than
February 8 , 2009 and the date of readiness for final payment is no later than March 9 , 2009.
BeforeY ou may start any work at the site , paragraph SC 2 . 05 . 0 of the Supplementary
Conditions provides that you must deliver to the Owner certificates of insurance which you are
required to purchase and maintain in accordance with the Contract Documents ,
Also , before you may start any Work at the Site , you must:
L- (add other requirements , if applicable )
_ Contact Dan Wittenberg , Engineering Inspection Supervisor
McCain & Associates , John Lang
INDIAN RIVER COUNTY
CA(AED
it (OWNER )
(TITLE )
END OF SECTION
it
00550 - Notice to Proceed -Tim Rose Contracting . doc
Anrrn 4
SECTION 00610 - Performance Bond
KNOW ALL MEN BY THESE PRESENTS :
BY THIS BOND , we
as Principal
(Contractor) ,
( 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, Florida , 1801 27th Street , Vero
Beach , Florida 32960 , ( 772-567-8000 ) 9
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_1
entered into between the Principal and the County of Indian River , for:
Bond Number:
Project Name : Eagle Trace Subdivision-Phase II
County Project Number: 0813
Project Address : Northeast Corner of Kings Highway (58th Avenue ) and 61St Street
Project Description : The project will consist of the completion of the remaining improvements in
Eagle Trace Subdivision - Phase II . These improvements will include but not necessarily be
limited to utilities , paving , drainage , grading , landscaping and irrigation work . .
A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully
copied herein .
NOW , THEREFORE , THE CONDITIONS OF THIS OBLIGATION ARE SUCH , that if the
Principal shall in all respects comply with the terms and conditions of said Contract and its
obligations thereunder, 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
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, including errors in the Drawings furnished by the
Principal , and further, if the Principal shall promptly make payments to all who supply him with
labor and/or materials used directly or indirectly by the Principal in the prosecution of the Work
provided for in said Contract, then this obligation shall be null and void ; otherwise , the Principal
and Surety, jointly and severally, agree to pay the County of Indian River any difference
i• 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 the
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County of Indian River may incur as a result of the failure of the Principal to properly execute all
of the provisions of the Contract .
AND , the said Principal and Surety hereby further bind themselves , their successors , executors ,
administrators and assigns , jointly and severally , that they will amply and fully protect the
County of Indian River against , and will pay any and all amounts , damages , costs and
judgments which may be recovered against or which the County of Indian River may be called
upon to pay to any person or corporation by reason of any damage arising from the
performance of the said work , repair or maintenance thereof, or the manner of doing the same ,
or his agents or his servants , or the infringements of any patent rights by reason of the use of
any material furnished or work done , as aforesaid or otherwise .
AND , the said Surety , for value received , hereby stipulates and agrees that no change ,
extension of time , alteration or addition to the terms of the Contract or to the work
to be
performed 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 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 affixed and these presents duly signed by its undersigned
representative , pursuant to authority of its governing body .
WHEN THE PRINCIPAL IS AN INDIVIDUAL :
Signed , sealed and delivered in the presence of:
Witness Signature of Individual
Address Printed Name of Individual
Witness
Address
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WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE
NAME :
Signed , sealed and delivered in the presence of :
Witness Name of Partnership
BY .
Address Partner
Printed Name of Partner
Witness
( SEAL )
Address
WHEN THE PRINCIPAL IS A PARTNERSHIP :
{
Signed , sealed and delivered in the presence of:
Witness Name of Partnership
BY :
Address Partner
Printed Name of Partner
Witness
( SEAL )
Address
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WHEN THE PRINCIPAL IS A CORPORATION :
Attest :
F
Secretary Name of Corporation
BY :
( Affix Corporate SEAL )
Printed Name
Official Title
CERTIFICATE AS TO CORPORATE PRINCIPAL
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 :
Secretary Corporate Surety
Business Address
t
BY :
( Affix Corporate SEAL )
Attorney- In- Fact
Name of Local Agency
Business Address
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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 :
r
* * END OF SECTION
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SECTION 00612 - Payment Bond
KNOW ALL MEN BY THESE PRESENTS :
BY THIS BOND , we
as Principal
(Contractor) ,
( 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, 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:
Project Name : Eagle Trace Subdivision- Phase II
County Project Number: 0813
Project Address : Northeast Corner of Kings Highway (581Avenue ) and 61St
Street
Project Description : The project will consist of the completion of the remaining
improvements in Eagle Trace Subdivision- Phase 11 . These
improvements will include but not necessarily be limited to
utilities , paving , drainage , grading , landscaping and irrigation
work .
A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully
copied herein .
NOW , THEREFORE , THE CONDITIONS OF THIS OBLIGATION ARE SUCH , that , if the
Principal shall 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 ) , supplying Principal with
labor, materials , or supplies , used directly or indirectly by Principal in the prosecution
of the Work provided for in the Contract.
2 . Florida ' Statutes Section 255 . 05 (2002 ) , as amended from time to time , together with
all notice and time provisions contained therein , is incorporated herein in its entirety
by this reference .
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r _
The Surety , for value received , hereby stipulates and agrees that no charge , extension of time ,
alteration of or addition to the terms of the Contract or to the work to be performed thereunder
or to the Specifications applicable thereto , shall in any way affect its obligations on this Bond ,
and the Surety hereby waives notice of any such change , extension of time , alterations of or
addition to the terms of the Contract , or to the work or to the Specifications .
The Surety represents and warrants to the County of Indian River that it has a Best' s
Key
Rating Guide , General Policyholder' s rating of "A" and Financial Size Category of Class "X " .
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 .
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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 AN INDIVIDUAL :
Witness Signature of Individual
Address Printed Name of Individual
Witness
Address
WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE
NAME :
Signed , sealed and delivered in the presence of:
Witness Name of Partnership
BY :
Address Partner
t
Printed Name of Partner
Witness
( SEAL )
Address
[The remainder of this page was left blank intentionally]
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WHEN THE PRINCIPAL IS A PARTNERSHIP :
Signed , sealed and delivered in the presence of:
Witness Name of Partnership
BY:
Address Partner
Printed Name of Partner
Witness
( SEAL )
Address
WHEN THE PRINCIPAL IS A CORPORATION :
Attest :
Secretary Name of Corporation
BY :
( Affix Corporate SEAL )
Ir
Printed Name
Official Title
CERTIFICATE AS TO CORPORATE PRINCIPAL
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 )
[The remainder of this page was left blank intentionally]
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TO BE EXECUTED BY CORPORATE SURETY :
Attest :
Secretary Corporate Surety
Business Address
BY :
( Affix Corporate SEAL )
Attorney- In - 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
r
Notary Public , State of Florida
My Commission Expires :
L
ILil
* * END OF SECTION
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- Sample Certificate of Liability SECTION 00620 p Insurance
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO
RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND
OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
INSURED COMPANY A -
COMPANY B -
COMPANY C -
COMPANY D -
COMPANY E -
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED
NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED
OR MAY PERTAIN THE INSURANCE ACCORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY
POLICY EFFECTIVE POLICY EXPIRATION
MSRTYPE OF INSURANCE NUMBER DATE MMIDD DATE MMID LIMITS
LTR
$ 11000,000
GENERAL LIABILITY EACH OCCURRENCE
$ 50,000
A [3 COMMERCIAL GENERAL LIABILITY
FIRE DAMAGE (Any One Fire
$ 5,000
❑ CLAIMS MADE - ❑OCCUR MED. EXP. (Any One Person
❑ PERSONAL & ADV INJURY $ 1 ,000,000
❑ GENERAL AGGREGATE $ 11000,000
❑ PRODUCTS — COMP/OPAGG. $ 11000,000
❑ $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 10000,000
A ❑ ANY AUTO (Ea. Occurrence)
❑ ALL OWNED AUTOS BODILY INJURY $
❑ SCHEDULED AUTOS (Per Person)
❑ HIRED AUTOS BODILY INJURY $
❑ NON-OWNED AUTOS (Per Accident)
❑ PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY — EA ACCIDENT i
❑ OTHER THAN EA ACC $
❑ AUTO ONLY AGG $
A EXCESS LIABILITY EACH OCCURRENCE
❑ ❑ CLAIMS MADE
❑ DEDUCTIBLE AGGREGATE $
❑ RETENTION $ $
$
WORKER'S COMPENSATION AND ❑WC STATUTORY LIMITS
A EMPLOYER'S LIABILITY
E.L. EACH ACCIDENT $ 100,000
THE E.L. DISEASE — EA $ 500,000
PROPRIETOR/PARTNERS/ ❑ INCL E.L. DISEASE-POLICY LIMIT S 1009000
EXECUTIVE OFFICERS ARE: ❑ EXCL
OTHER: FULL REPLACEMENT COST
BUILDER'S RISK OF THE WORK
DESCRIPTION OF OPERATIONS/LOCATIONS VEHICLESISPECIAL ITEMS
CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. FAILURE
TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND
UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ADDITIONAL INSURED:
INDIAN RIVER COUNTY
1840 2e STREET, VERO BEACH, FL 32960
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L
SECTION 00622 - Contractor' s Application for Payment
Application for Payment No .
For Work Accomplished through the period of through
To : Indian River County (OWNER )
From : (CONTRACTOR)
Contract :
Project:
OWNER's Contract No . ENGINEER' s Contract No ,
ENGINEER
1 . Original Contract Price : $
2 . Net change by Change Orders and Written Amendments ( + or - ) : $
3 . Current Contract Price ( 1 plus 2 ) : $
4 . Total Work to date :
•4 . a Percentage of Work completed to date : %
4 . b Total Work completed to date : $
4 . c Total equipment and material stored to date :
$ ( 1 )
4 . d Total Work completed and stored to date : (4 . b plus 4 . c) $
5 . Retainage ( per Agreement) :
5 . a 10 % of completed Work (0 . 10 x 4 . b ) :
5 . b 20 % of stored equipment and material ( 0 . 20 x 4 . c) :
5 . c Total Retainage (5 . a plus 5 . b ) : $
6 . Total Work completed and stored to date less retainage
(4 . d minus 5 . c) : $
7 . Previous Payments : $
8 . AMOUNT DUE THIS APPLICATION 6 MINUS 7) : ,
$
( 1 ) Attach detailed schedule and copies of all paid invoices .
1 . Original Contract Price :
2 . Net change by Change Orders and Written Amendments (+ or
3 . Current Contract Price ( 1 plus 2 ) :
4 . Total completed and stored to date :
5 . Retainage (per Agreement) :
of completed Work: �
% of stored material :
Total Retainage :
6 . Total completed and stored to date less retainage (4 minus 5 ) :
7 . Less previous Application for Payments :
8 . DUE THIS APPLICATION 6 MINUS 7) : - -
00622
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r CONTRACTOR` S CERTIFICATION :
UNDER PENALTY OF PERJURY , the undersigned CONTRACTOR certifies that ( 1 ) all
previous progress payments received from OWNER on account of Work done under the
Contract referred to above have been applied on account to discharge CONTRACTOR' s
legitimate obligations incurred in connection with Work covered by prior Applications for
Payment numbered 1 through inclusive ; ( 2 ) title of all Work , materials and equipment
incorporated in said Work or otherwise listed In or covered by this Application for Payment will
pass to OWNER at time of payment free and clear of all Liens , security interests and
encumbrances ( except such as are covered by a Bond acceptable to OWNER indemnifying
OWNER against any such Lien , security interest or encumbrance ) ; ( 3 ) all Work covered by this
Application for Payment is in accordance with the Contract Documents and not defective and
( 4 ) If this Periodic Estimate is for a Final payment to project or improvement , I further certify
that all persons doing work upon or furnishing materials or supplies for this project or
improvement under this foregoing contract have been paid in full , and that all taxes imposed by
No . 212 Florida Statutes , ( Sales and Use Tax Act , as Amended ) have been paid and
discharged , and that I have no claims against the OWNER .
Dated
( CONTRACTOR)
By:
State of
County of
Subscribed and sworn to before me this
day of
Notary Public
My Commission expires :
CERTIFICATION OF ARCHITECT OR CONSULTING ENGINEER (WHERE APPLICABLE ) :
I certify that I have checked and verify the above and foregoing Periodic Estimate for Partial
Payment ; that to the best of my knowledge and belief it is a true and correct statement of the
work performed and/or material supplied by the Contractor .
Dated
( ARCHITECT / ENGINEER ) SIGNATURE
CERTIFICATION OF ENGINEER / INSPECTOR :
I have checked the estimate against the Contractor' s Schedule of Amounts for Contract
Payments and the notes and reports of my inspections of the project . It is my opinion that this
statement of work performed and /or materials supplied is accurate , that the Contractor is
observing the requirements of the Contract , and that the Contractor should be paid the amount
requested above .
Dated
( ENGINEER/ INSPECTOR ) SIGNATURE
Accompanying Documentation :
I'The Remainder of Page Intentional Left Blankl
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To : Indian River County ( OWNER)
From : ( CONTRACTOR) '
Contract:
Project:
Bid Schedule Percent
Estimated Quantity Material Amount Completed
Item Unit Price Of Values Amount Complete
No . Quantity Amount Completed (% Stored and Stored
1 .
2 .
3 .
4 .
5 .
6 .
7 .
8 .
9 .
10 .
11 .
12 .
13 .
14 ,
15 .
16 .
17 .
18 ,
19 .
20 .
21 .
22 .
TOTAL AMOUNT
[Note : Total Schedule of Values Amount should equal the current Contract Price .]
* * END OF SECTION
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SECTION 00630 - Certificate of Substantial Completion
Date of Issuance : 120
OWNER : Indian River County
CONTRACTOR -
Contract :
Project:
OWNER ' s Contract No .
ENGINEER' s Project No .
CONTACT FOR :
( Insert Name of Contract as it appears in the Bid Documents )
This Certificate of Substantial Completion applies to all Work under the Contract Documents or
to the following specified parts thereof:
y, To
OWNER
And To ,
CONTRACTOR
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER , CONTRACTOR and ENGINEER , and that Work is hereby declared to be
substantially complete in accordance with the Contract Documents on
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto . This list may not be all -
inclusive , and the failure to include an item in it does not alter the responsibility of
CONTRACTOR to complete all the Work in accordance with the Contract Documents . The
items in the tentative list shall be completed or corrected by CONTRACTOR within days
of the above date of Substantial Completion .
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The responsibilities between OWNER and CONTRACTOR for security , operation , safety,
maintenance , heat , utilities , insurance and warranties and guarantees shall be as follows :
OWNER : _
CONTRACTOR : _
The following documents are attached to and made a part of this Certificate :
[For items to be attached see definition of Substantial Completion as supplemented and other specifically
noted conditions precedent to achieving Substantial Completion as required by Contract Documents .]
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR' s obligation to complete the Work in
accordance with the Contract Documents .
Executed by ENGINEER on : ( Date ) .
ENGINEER :
By .
( Authorized Signature )
CONTRACTOR accepts this Certificate of Substantial Completion on ( date ) .
CONTRACTOR :
By :
( Authorized Signature )
OWNER accepts this Certificate of Substantial Completion on ( date ) .
OWNER : INDIAN RIVER COUNTY
By .
(Authorized Signature )
* * END OF SECTION * '
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SECTION 00632 - CONTRACTOR ' S FINAL CERTIFICATION
OF THE WORK
( TO ACCOMPANY CONTRACTOR' S FINAL APPLICATION FOR PAYMENT )
STATE OF
COUNTY OF
Personally before me the undersigned officer, authorized by the laws of said state to
administer oaths , comes , who on oath
says : That he is the CONTRACTOR with whom Indian River County , Florida , a political
subdivision of said state , did on the day of 20 , enter
into a contract for the performance of certain work , more particularly described as follows :
UNDER PENALTY OF PERJURY , affiant further says that said construction has
been completed and the Contract therefore fully performed and final payment is now due
and that all liens of all firms and individuals contracting directly with or directly employed by
such CONTRACTOR have been paid in full EXCEPT :
Name Description /Amount
who have not been paid and who are due the amount set forth .
Affiant further says that :
1 . CONTRACTOR has reviewed the Contract Documents .
2 . CONTRACTOR has reviewed the Work for compliance with the Contract
Documents .
3 . CONTRACTOR has completed the Work in accordance with the Contract
Documents .
4 . All equipment and systems have been tested in the presence of the ENGINEER or
his representative and are fully operational with no defects or deficiencies except as
listed below.
L
5 . The Work is complete and ready for final acceptance by the OWNER .
6 . CONTRACTOR hereby certifies that it has no claims against the OWNER .
00632- 1
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( Corporate Sea ] )
( Contractor)
By:
Subscribed and sworn to before me this _ day of 20
Notary Public State of Florida at Large
My Commission expires :
+ + END OF SECTION + +
00632-2
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SECTION 00634 - PROFESSIONAL SURVEYOR AND MAPPER ' S CERTIFICATION AS TO
ELEVATIONS AND LOCATIONS OF THE WORK
( TO BE COMPLETED BY A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER RETAINED
BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR' S FINAL APPLICATION FOR
PAYMENT )
I CERTIFY that I am a Florida Professional Surveyor and Mapper retained by:
L
( insert name of CONTRACTOR )
Who is the CONTRACTOR for the following Project :
PROJECT NAME : Eagle Trace Subdivision - Phase II
INDIAN RIVER COUNTY PROJECT # 0813
I FURTHER CERTIFY that i have personally performed the survey work for the preparation
of Record Drawings for the CONTRACTOR for this project or that such work was performed under
my direct control and supervision .
I FURTHER CERTIFY that all constructed elevations and locations of the Work are in
conformance with the Contract Documents , except for discrepancies listed below .
[Attach additional sheets as necessary]
( SURVEYOR ' S SEAL )
CERTIFIED BY :
Printed Name :
Florida Professional Surveyor and Mapper Registration Number :
Date Signed and Sealed by Professional Surveyor and Mapper :
Company Name :
Company Address :
L
Telephone Number:
L
In 00634 - Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work REV 04-07 .doc
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