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HomeMy WebLinkAbout2020-238AIndian River County Purchasing Division 180027 lh Street Vero Beach, FL 32960 Phone (772) 226-1416 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR ROSELAND COMMUNITY CENTER BUILDING & SITE IMPROVEMENTS BID NO. 2020053 PROJECT NO. IRC -1855 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA SUSAN ADAMS, CHAIRMAN JOSEPH E. FLESCHER, VICE-CHAIRMAN COMMISSIONER TIM ZORC COMMISSIONER PETER D. O'BRYAN COMMISSIONER BOB SOLARI JASON E. BROWN, COUNTY ADMINISTRATOR JEFFREY R. SMITH, CLERK OF COURT AND COMPTROLLER DYLAN REINGOLD, COUNTY ATTORNEY RICHARD B. SZPYRKA, P.E., PUBLIC WORKS DIRECTOR Page 1 of 45 Project Name: Bid Security Required: Indian River County Purchasing Division 180027 th Street Vero Beach, FL 32960 Phone (772) 226-1416 INVITATION TO BID Public Construction Bond Required ROSELAND COMMUNITY CENTER BUILDING & SITE IMPROVEMENTS IRC -1855 2020053 S% YES, for contracts over $100,000 Bid Opening Date: Tuesday, August 25'. 2020 Bid Opening Time: 2:00 P.M. All bids must be received by the Purchasing Division, 1800 27th Street, Vero Beach, Florida 32960 prior to the date and time shown above. Late bids will not be accepted or considered. WWWWAMMAIM (1) ONE MARKED ORIGINAL, (1) COPY OF YOUR BID, AND ONE ELECTRONIC COPY AS A SINGLE PDF ON USB, CD, OR EMAILED TO PURCHASING@IRCGOV.COM PRIOR TO THE BID OPENING DATE AND TIME. Refer All Questions to: Email: purchasing@ircgov.com Page 2 of 45 Bid No. 2020053/IRC-1855 ADVERTISEMENT FOR BID Notice is hereby given that the Indian River County Board of County Commissioners is calling for and requesting bids for the following: Indian River County Bid # 2020053 ROSELAND COMMUNITY CENTER BUILDING & SITE IMPROVEMENTS (IRC -1855) Detailed specifications are available at: www.demandstar.com or by selecting "Current Solicitations" at http://www.ircgov.com/Departments/Budget/Purchasing. All communications concerning this bid shall be directed to IRC Purchasing Division at purchasing@ircgov.com. Deadline for receipt of bids has been set for 2:00 P.M. on Tuesday, August 25th, 2020. Only bids received on or before the time and date listed will be considered. Bids should be addressed to Purchasing Division, 1800 271h Street, Vero Beach, Florida 32960. All bids will be opened publicly and read aloud at 2:00 PM. Bids submitted after 2:00 PM on the day specified above will not be accepted or considered. BID SECURITY in the sum of not less than five percent (5%) of the total bid must accompany each bid over $35,000. The Board of County Commissioners reserves the right to accept or reject any and all bids in whole or in part and to waive any technicality or irregularity. PURCHASING MANAGER INDIAN RIVER COUNTY Publish: For Publication in the Indian River Press Journal Date: August 2"d, 2020 Please furnish Tear Sheet, Affidavit of Publication, and Invoice to: Indian River County Purchasing Division 180027 1h Street Vero Beach, FL 32960 Page 3 of 45 Bid No. 2020053/IRC-1855 STATEMENT OF NO BID Should you elect not to bid, please complete and send this page by email (purchasing @ircgov.com), fax (772-770- 5140) or by mail to Indian River County Purchasing, 1800 27th Street, Vero Beach, FL 32960. Please select all of the following that apply. Our decision not to bid on the subject project was based on: Project is located too far from our base of operations Project value too low El Project specifications unclear (please explain below) ❑ Material availability may be a challenge ❑ Our current schedule will not allow us to perform E7Unable to meet insurance requirements ❑ Other: F7 Other: General comments regarding the bid and/or plans and specifications: Page 4 of 45 Bid No. 2020053/IRC-1855 TABLE OF CONTENTS INVITATIONTO BID...........................................................................................................................................2 ADVERTISEMENTFOR BID..................................................................................................................................................... 3 STATEMENTOF NO BID......................................................................................................................................................... 4 TABLEOF CONTENTS............................................................................................................................................................. 5 INSTRUCTIONS TO BIDDERS.................................................................................................................................................. 6 GENERAL TERMS AND CONDITIONS............................................................................................................................................. 6 TECHNICALSPECIFICATIONS................................................................................................................................................ 13 SCOPE......................................................................................................................................................................................... 13 BIDFORM........................................................................................................................................................................... 14 BIDSCHEDULE.................................................................................................................................................................... 15 DRUG-FREE WORKPLACE CERTIFICATION........................................................................................................................... 17 SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS .............. 18 BIDDERS QUALIFICATIONS QUESTIONNAIRE....................................................................................................................... 20 SWORN STATEMENT UNDER THE FLORIDA TRENCH SAFETY ACT......................................................................................... 23 CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES .................................. 25 LISTOF SUBCONTRACTORS................................................................................................................................................. 26 SAMPLE AGREEMENT......................................................................................................................................................... 27 PUBLIC CONSTRUCTION BOND............................................................................................................................................ 37 SAMPLE CERTIFICATE OF LIABILITY INSURANCE................................................................................................................... 40 NOTICETO PROCEED.......................................................................................................................................................... 41 INDIAN RIVER COUNTY BUILDING DIVISION PERMIT FEE SCHEDULE.................................................................................................42 Page 5 of 45 Bid No. 2020053/IRC-1855 INSTRUCTIONS TO BIDDERS GENERAL TERMS AND CONDITIONS Cone of Silence. Potential bidders/respondents and their agents must not communicate in any way with the Board of Commissioners, County Administrator or any County staff other than Purchasing personnel in reference or relation to this solicitation. This restriction is effective from the time of bid advertisement until the Board of County Commissioners meets to authorize award. Such communication may result in disqualification. Sealed Bids and Envelope Markings: All bids must be submitted in a sealed opaque envelope. The outside of the envelope must be clearly marked with the Sealed Bid #, Title of the Bid, Date of the Bid opening, and Time of the Bid Opening and name of firm submitting. Opening Location: It will be the sole responsibility of the Bidder to deliver personally or by mail or other delivery service, their proposal to the office of the Indian River County Purchasing Division. Bids should be delivered to 1800 27th Street, Vero Beach, FL 32960, on or before the closing hour and date shown for receipt of bids. Bids received in person or by mail after the stated time and date will not be considered. Bid Submission: All bids must be signed with the legal Firm name and by an Officer or employee having authority to bind the company or firm by his / her signature. Bids must be submitted on forms provided by Indian River County. Only the bid form provided by OWNER is acceptable (Bidders are not to recreate the bid form). Bids not submitted on the attached form(s) shall be rejected. Bids submitted on forms other than those provided within its document and/or addenda shall be rejected. Submittal of one marked original bid, one copy plus a thumb drive or CD containing a full pdf of your submittal is required. Bid Security and Public Construction Bond: Bid security must accompany each Bid over $35,000, and must be in the form of an AIA Document A310 Bid Bond, properly executed by the Bidder and by a qualified surety, or a certified check or a cashier's check, drawn on any bank authorized to do business in the State of Florida. Bid Security for bids over $35,000 must be in the sum of not less than five percent (5%) of the total amount of the bid, made payable to Indian River County Board of County Commissioners. In the event the Contract is awarded to the Bidder, Bidder will enter into a Contract with the County and furnish the required 100% Public Construction Bond within the timeframe set by the County. If Bidder fails to do so, the Bid Security will be retained by the County as liquidated damages and not as a penalty. If bid does not exceed $100,000, no Public Construction Bond will be required. 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. Withdrawal of Bids: A bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time of opening of bids. If, within 24 hours after Bids are opened, any bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that bidder may withdraw its bid and bid security will be returned. Thereafter, if the work is rebid, that bidder may be disqualified from further bidding on the work. Direct Purchase: Indian River County reserves the option to purchase certain tangible materials necessary for the performance of the Contract, and thereby save the amount of the sales tax thereon by virtue of the Owner's status as a Tax -Exempt Institution. For the purpose of these procedures, the Contractor will assign to the County any rights the Contractor may have under quotes, contracts or commitments received from the particular vendor or Page 6 of 45 Bid No. 2020053/IRC-1855 supplier for the materials described in the requisition. The invoiced amount of County Purchased Materials and applicable sales tax, had the purchases not been tax exempt, once finalized through the Owner's Purchase Order and after confirmation of completed delivery and acceptance, will be deducted from the Contractor's Contract price via Change Order. Taxes: Indian River County is exempt from any taxes imposed by State and / or Federal Government. Exemption Certificates, if required, are to be furnished by the successful bidder and will be filled out by the County. Delivery and Completion Dates: Indicate delivery and completion dates. This may be a determining factor in the award of the bid. The County may, at its option, grant additional time for any delay or failure to perform hereunder if the delay will not adversely affect the best interests of the County and is due to causes beyond the control of the Bidder. Such grant must be in writing and made part of the resulting Agreement. Irrevocable Offer: Bidder warrants by virtue of bidding that the prices quoted in this bid will remain firm and be considered an irrevocable offer for a period of sixty (60) days, during which time one or more of the bids received may be accepted by Indian River County. Assignment/Delegation: No right, obligation or interest in an awarded Agreement may be assigned or delegated by the Bidder without prior written consent of the County, without prejudice to County's other rights and remedies. Consideration of Bids: Verbal, emailed or faxed bids will not be considered. Indemnification: The successful Bidder shall indemnify and hold harmless the County, and its commissioners, officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the contractor and persons employed or utilized by the contractor in the performance of the construction contract. Public Access: The Bidder shall allow public access to all documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. If this project is federally -funded, the Department of Homeland Security (DHS) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials shall not be used by the Bidder without specific FEMA pre -approval. Records/Audit: The Bidder shall maintain books, records and documents pertinent to performance under this Invitation and any resulting Agreement in accordance with generally accepted accounting principles consistently applied. The County and the Florida Office of the Inspector General shall have inspection and audit rights to such records for audit purposes during the term of the contract and for three years following the termination of obligations hereunder. Records which relate to any litigation, appeals or settlements of claims arising from performance under this work or purchase shall be made available until a final disposition has been made of such litigation, appeals, or claims. Acceptance: Receipt of an item shall not be an indication that the items are acceptable. Final acceptance and authorization of payment shall be given after a thorough inspection indicates that the item is delivered in accordance with the Bid Specifications. Suppliers are advised that in the event the delivered item does not meet specifications, payment will be withheld until such time the supplier takes necessary corrective action. Permits, Impact and Inspection Fees. In accordance with Florida Statutes Section 218.80, the "Public Bid Disclosure Act", Indian River County as OWNER is obligated to disclose all license, permit, impact, or inspection fees that are Page 7 of 45 Bid No. 2020053/IRC-1855 payable to Indian River County in connection with the construction of the Work by the accepted bidder. The Indian River County Building Division Permit Fee Schedule is attached as an Appendix for calculation of permit cost. Descriptive Information: Descriptive literature including Specifications must accompany your bid. Manufacturer's name and model numbers are used herein solely for the purpose of establishing a standard of design, quality, and use of the merchandise required. Products of other manufacturers will be acceptable if they meet or exceed established standards with the exception of those items specified "NO SUBSTITUTION". Variations to Specifications: For purposes of evaluation, Bidder must indicate any variances from the specifications and/or conditions on the form provided with this Invitation to Bid. Otherwise, it will be assumed that the product or service fully complies with the specifications. Items specifically described, as alternates shall be reviewed as an alternative bid to be considered by the County, in lieu of the primarily specified item(s). However, item(s) varying from the published specifications shall be considered substitutes, and the County reserves the right to consider or not to consider substitute bids. Substitutes shall be subject to disqualification if the County does not approve the substitution. Interpretations: No oral interpretations will be made to any Bidder as to the meaning of the Specifications. Every request for such an interpretation shall be made in writing, addressed and forwarded to Indian River County (purchasing@ircgov.com) ten (10) or more days before the date fixed for opening of the bids. The County shall not be responsible for oral interpretations given by any County employee. Every interpretation made to bidder will be in the form of an Addendum to the specifications, which if issued, will be sent promptly as is practical to all persons to whom specifications have been issued. All such Addenda shall become part of the specifications. Further, it shall be the responsibility of each bidder, prior to submitting their bid, to contact Indian River County's Purchasing Division at (772) 226-1416 to determine if addenda were issued and to make such addenda a part of their bid. Default Provision: In case of default by the Bidder, Indian River County may procure the articles or services from other sources and hold the Bidder responsible for excess costs incurred thereby, and may take such action, as it deems appropriate, including legal action for Damages or Specific Performance. Signed Bid Considered an Offer: This signed bid shall be considered an offer on the part of the Bidder. Indian River County Board of County Commissioners shall deem the offer accepted upon approval. Non -Collusion: By signing and submitting the Bid Form, the Bidder certifies that, • This bid has been arrived at by the Bidder independently and has been submitted without collusion, and without any agreement, understanding, or planned common course, or action with, any vendor of materials, supplies, equipment, or services described in the invitation to bid, designed to limit independent bidding or competition, and The contents of the bid have not been communicated by the Bidder or its employees or agents to any person not an employee or an agent of the bidder or its surety on any bond furnished with the bid, and will not be communicated to any such person prior to the official opening of the bid. • No attempt has been made or will be made by the Bidder to induce any other person(s) or firm(s) to submit or not to submit a bid for the purpose of restricting competition. 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 Page 8 of 45 Bid No. 2020053/IRC-1855 may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity (defined as the State of Florida, any of its departments or agencies, or any political subdivision); 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 [currently $35,000] 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 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. Suspension and Debarment: Indian River County will not make award to parties listed on the government -wide exclusions in the System for Award Management (SAM). The bidder agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Scrutinized Companies Lists: The bidder certifies that it and those related entities of respondent as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, Contractor certifies that it and those related entities of respondent as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. The County may terminate this Contract if Company is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. County may terminate this Contract if Company, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. Accordingly, firms responding to this solicitation shall return with their response an executed copy of the attached "Certification Regarding Prohibition Against Contracting With Scrutinized Companies." Failure to return this executed form with submitted bid/proposal/statement of qualifications will result in the response being deemed non-responsive and eliminated from consideration. Non -Discrimination: Indian River County will not knowingly do business with vendors or contractors who discriminate on the basis of race, color or national origin, sex, sexual orientation, gender identity, age and/or disability. Through the course of providing services to the County, Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the County's Title VI/Nondiscrimination Coordinator through the office of the County Attorney. Page 9 of 45 Bid No. 2020053/IRC-1855 Local Preference: Indian River County has no local ordinance or preferences, as described in Florida Statutes section 255.0991(2) in place, therefore no preference prohibited by that section will be considered in the acceptance, review or award of this bid. Energy Policy and Conservation Act — The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Regulations: It shall be the responsibility of the bidder to assure compliance with any OSHA, EPA and / or other Federal or State of Florida rules, regulations, or other requirements, as each may apply. Applicable Law and Venue: The resulting Agreement and all rights and duties of the parties hereto shall be governed by the laws of the State of Florida, including but not limited to the provisions of the Florida Uniform Commercial Code Chapters 671-679 F.S., for any terms and conditions not specifically stated within. 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. Conflict of Interest: Any entity submitting a bid or proposal or entering into a contract with the County shall disclose any relationship that may exist between the contracting entity and a County Commissioner or a County Employee. The relationship with a County Commissioner or a County Employee 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, stepsister, 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. Failure to submit the form may be cause for rejection of the bid or proposal. Cancellation: It is the intention of Indian River County to purchase material and / or services from sources of supply that will provide prompt and convenient shipment and service. Any failure of the supplier to satisfy the requirements of the County shall be reason for termination of the award. Errors: When an error is made in the bid extension of generating total bid prices or in any other process of completing the bid, the original unit prices submitted will govern. Carelessness in quoting prices, or in preparation of the bid otherwise, will not relieve the bidder from performance. Bid Rejection: Failure to comply with all the above instructions may result in rejection of the bid. Bid Protest: Any actual or prospective bidder or proposer who is aggrieved in connection with a competitive selection process may protest to the Purchasing Manager. The protest shall be submitted to the Purchasing Manager in writing within seven (7) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest. If the protest is not resolved by mutual agreement, the Purchasing Manager shall promptly issue a decision in writing, after consulting the Department and the Office of the County Attorney. Supplemental Information: The County reserves the right to conduct such investigations as it deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed subcontractors, suppliers, and other relevant parties to perform and furnish the work. To demonstrate qualifications to perform the work, each Bidder must be prepared to submit, within 5 days of Owner's request, Page 10 of 45 Bid No. 2020053/IRC-1855 written evidence, such as financial data, previous experience, present commitments, and other such data as may be necessary to prove to the satisfaction of the Owner that the Bidder is qualified by experience to do the work and is prepared to complete the work within the stated time period. Failure to provide any requested information may result in the determination of the Bidder as non -responsible. Awards: The County reserves the right to cancel the bid, reject any and all bids or waive any irregularity or technicality in bids received. When it is determined there is no competition to the lowest responsive, responsible Bidder, rebidding the project is not required. Bidders are cautioned to make no assumptions unless their bid has been evaluated as being responsive. The County reserves the right to not make any award(s) under this bid. 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 convenience of the County and / or with or without cause. Compliance with Laws and Regulations: Bidder agrees that they will comply with all Federal, State, and Local Laws and Regulations applicable to the production, sale, and delivery of the goods or the furnishing of any labor or services called for by the resulting Agreement, and any provisions required thereby to be included herein shall be deemed to be incorporated herein by reference. Noncompliance may be considered grounds for termination of contracts. Public Record Law: Correspondence, materials, and documents received pursuant to this Invitation for Bid become public records subject to the provisions of Chapter 119, Florida Statutes. Should the Bidder assert any exemptions to the requirements of Chapter 119, Florida Statutes, and related statutes, the burden of establishing such exemption, by the way of injunctive or other relief as provided by law, shall be upon the Bidder. Licensure: Bidder must possess a registered General Contractor's license and be registered with the Indian River County Building Division at the time of bid opening. Insurance: • Owners and Subcontractors Insurance: The Contractor shall not commence work until they have 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 protections afforded by the Contractor's insurance. Worker's Compensation Insurance: The Contractor shall procure and maintain worker's compensation insurance to the extent required by law for all their 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 worker's compensation statute, the Contractor shall provide adequate coverage for the protection of such employees. • Public Liability Insurance: The Contractor shall procure and 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 on this insurance with respect to all claims arising out of the operations or work to be performed. Page 11 of 45 Bid No. 2020053/IRC-1855 Commercial General Commercial General (Public) Liability, A. Premises / Operations other than Automobile B. Independent Contractors C. Products / Completed Operations $1,000,000.00 Combined single limit D. Personal Injury for Bodily Injury and Property Damage E. Contractual Liability F. Explosion, Collapse, and Underground Property Damage Automobile A. Owner Leased Automobiles B. Non -Owned Automobiles $1,000,000.00 Combined single limit C. Hired Automobiles Bodily Injury and Damage Liability D. Owned Automobiles • 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 cancellation or material change in coverage. Copies of an endorsement -naming owner as Additional Insured must accompany the Certificate of Insurance. Indian River County reserves the right to accept or reject any or all bids in whole or in part and waive all any technicality or irregularity. Note; Any and all special conditions attached hereto, which may vary from these General Conditions, shall have precedence. End of General Terms and Conditions Page 12 of 45 Bid No. 2020053/IRC-1855 TECHNICAL SPECIFICATIONS SCOPE This project consists of constructing building and site improvements. Site work: to include demolition of existing concrete sidewalk, retaining walls, stairs, removal of trees, and signs. New construction to include sidewalk, concrete parking spaces, drainage improvements, signage, and striping. Structural work: to include removing interior floor sections, replacing masonry pier, replacing floor beams, replacing floor joists, leveling of floor, installing new flooring, remove existing roofing, rafter repairs, installing new roof sheeting and shingles, remove and replace doors, remount/ or reseal windows, remove and replace sections of wood siding, painting exterior, constructing new retaining wall, constructing new stairs, handrails, fencing. The above descriptions are general and may not include every aspect of construction. Please refer to the following documents for specific project requirements. Civil Drawings Sheets C-1 to C-6 Structural Drawings Sheets S-1 to S-5 Total of 11 sheets Permits from the following agencies may be required: Indian River County Building Permit Indian River County Re -Roof Permit Contractor will be responsible for permit fees. Each bidder must be an actively registered General Contractor in the State of Florida and be registered with the Indian River County Building Division. Regular working hours are defined as Monday through Friday, excluding Indian River County Holidays, from 7 a.m. to 5 p.m. All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR. End of Technical Specifications Page 13 of 45 Indian River County Purchasing Division 180027 1h Street Vero Beach, FL 32960 Phone (772) 226-1416 BID FORM Kerns Construction & Property Management Corp Bid No. 2020053/IRC-1855 PROJECT NAME: ROSELAND COMMUNITY CENTER BUILDING & SITE IMPROVEMENTS (IRC -1855) e.• 2020053 Bid Opening Date and Time: Tuesday, August 25th, 2020 2:00 P.M. Bid Opening Location: Purchasing Division 180027 th Street Vero Beach, FL 32960 Project completion time after receipt of "Notice to Proceed" or PO: 120 DAYS The following addenda are hereby acknowledged: Addendum Number Date Addendum No. 1 August 6, 2020 Page 14 of 45 Indian River County Purchasing Division 180027 th Street Vero Beach, FL 32960 Phone (772) 226-1416 Kerns Construction & Property Management Corr Bid No. 2020053/IRC-1855 ITEMIZED BID SCHEDULE PROJECT NAME: ROSELAND COMMUNITY CENTER BUILDING & SITE IMPROVEMENTS PROJECT NO: IRC -1855, BID NO. 2020053 BIDDER'S NAME: Kerns Construction & Property Management Corp. Item No. Description Unit Quantity Amount SITEWORK I. EARTHWORK & EROSION CONTROL LS 1 $43,479.42 II. DEMOLITION LS 1 $ 14.519.60 III. PAVING & DRAINAGE LS 35151.21 IV. UTILITIES LS 1 $ 3,009.84 V. EXTERIOR WALLS & STAIRS LS 1 22 832.08 VI. SURVEY & TESTING LS 9,297.50 TOTAL OF SITEWORK IMPROVEMENTS $ 128,289.65 BUILDING 1. EXTERIOR STRUCTURE LS 1 $ 56 215.86 II. INTERIOR STRUCTURE LS 1 $ 17 925.49 TOTAL OF BUILDING IMPROVEMENTS $ 74,141.35 SUBTOTAL OF IMPROVEMENTS $ 202,431.02 999-25 FORCE ACCOUNT 30,000.00 TOTAL BID AMOUNT INCLUDING FORCE ACCOUNT $ 232,431.00 LS=Lump Sum NOTE: IF THERE IS A DISCREPANCY BETWEEN THE PLANS (SUMMARY OF PAY ITEMS) AND THE ITEMIZED BID SCHEDULE THE BID SCHEDULE WILL BE UTILIZED FOR BIDDING PURPOSES TOTAL PROJECT BID AMOUNT IN WORDS Two Hundred Thirty Two Thousand, Four Hundred Thirty One Dollars & Zero Cents Page 15 of 45 Kerns Construction & Property Management Corp Indian River County Purchasing Division 180027 1h Street Vero Beach, FL 32960 Phone (772) 226-1416 The following documents must be submitted and made a condition of this Bid: A. Bid Form & Itemized Bid Schedule (pages 14 to 16, inclusive); B. Drug -Free Workplace Certification (page 17); Bid No. 2020053/IRC-1855 C. Sworn Statement under Section 105.08, Indian River Code, on Disclosure of Relationships (pages 18 to 19, inclusive); D. Bidders Qualifications Questionnaire (pages 20 to 22, inclusive); E. Sworn Statement Under the Florida Trench Safety Act (pages 23 to 24, inclusive); F. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 25); G. List of Subcontractors (page 26) The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Company Name: Kerns Construction & Property Management Corp Company Address: 1680 SW Bayshore Boulevard Suite 226 City, State Port St. Lucie, Florida Zip Code 34984 Telephone: 772-985-5015 Fax: 772-209-7700 E-mail: kern s02(aatt.net Business Tax Receipt Number: CPSL 131507 / SLC 1007035 FEIN Number: 30-0449688 Authorized Signature: ���o� PejL Date: August 25, 2020 Name: Daniel L. Muschweck Title: President (Typed/ Printed) Page 16 of 45 Kerns Construction & Property Management Corr Bid No. 2020053/IRC-1855 DRUG-FREE WORKPLACE CERTIFICATION (Please include this form with your bid) The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that Kerns Construction & Property Management Corp. does: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section 287.087. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Kerns Construction & Property Management Corp. Company Name :/: C9A n Bidder's signature Daniel L. Muschweck, President Date: August 25, 2020 Page 17 of 45 Kerns Construction & Property Management Cort Bid No. 2020053/IRC-1855 SWORN STATEMENT UNDER SECTION 105.08, 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. 1. This sworn statement MUST be submitted with Bid, Proposal or Contract No. 2020053 for ROSELAND COMMUNITY CENTER BUILDING & SITE IMPROVEMENTS (IRC -1855) 2. This sworn statement is submitted by: Kerns Construction & Property Management Corp. (Name of entity submitting Statement) whose business address is: 1680 SW Bayshore Boulevard Suite 226 Port St. Lucie Florida 34984 _ and its Federal Employer Identification Number (FEIN) is 30-0449688 3. My name is Daniel L. Muschweck (Please print name of individual signing) and my relationship to the entity named above is It's President 4. 1 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. 1 understand that the relationship with a County Commissioner or County employee that must be disclosed 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, stepsister, half brother, half sister, grandparent, or grandchild. 6. 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.] X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the Page 18 of 45 r� j, Kerns Construction & Property Management Corp. Bid No. 2020053/IRC-1855 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: Name of Affiliate Name of County Commissioner Relationship or entity or employee (Signature)g niel L. Muschweck President August 25. 2020 ( Date) STATE OF FLORIDA COUNTY OF SAINT LUCIE The foregoing instrument was acknowledged before me this 25th day of August , 20 20 , by_ Daniel L. Muschweck who is personally known t�r who has produced as identification. NOTARY PUBLIC SIGN: PRINT: d I lf— Notary Public, State at large Notary Public State My Commission Expires: Jude J mission M N �j.�, Guettler My Commission 00 82327a qa EM. 10/31/2029 (Seal) Page 19 of 45 Kerns Construction & Property Management Corp. Bid No. 2020053/IRC-1855 BIDDERS QUALIFICATIONS QUESTIONNAIRE NOTICE: THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON - RESPONSIBLE BIDDERS. UNDER PENALTY OF PERJURY, the undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained. Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Attach additional sheets as required. Documentation Submitted with Project No: IRC -1855 Project Name: ROSELAND COMMUNITY CENTER BUILING & SITE IMPROVEMENTS Bidder's Name / Address: Kerns Construction & Property Management Corp. 1680 SW Bayshore Boulevard Suite 226 Port St Lucie FL 34984 Bidder's Telephone & FAX Numbers: 772-985-5015 (F) 772-209-7700 3. Licensing and Corporate Status: a. Is Contractor License current? Yes b. Bidder's Contractor License No: CGC 059365 [Attach a copy of Contractor's License to the bid] C. Attach documentation from the State of Florida Division of Corporations that indicates the business entity's status is active and that lists the names and titles of all officers. 4. Number of years the firm has performed business as a Contractor in construction work of the type involved in this contract: Twelve Years (As Kerns Const.) 5. What is the last project OF THIS NATURE that the firm has completed? CAST (Historic Fort Pierce Elementary School), Fort Pierce Florida 6. Has the firm ever failed to complete work awarded to you? No. [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which the firm failed to complete the work_] 7. Has the firm ever been assessed liquidated damages? No. [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed.] 8. Has the firm ever been charged by OSHA for violating any OSHA regulations? No. Page 20 of 45 Kerns Construction & Property Management Corr Bid No. 2020053/IRC-1855 [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which OSHA violations were alleged.] 9. Has the firm implemented a drug-free workplace program in compliance with Florida Statute 287.087? Yes. (In the case of a tie, preference will be given to businesses with drug-free workplace programs) 10. Has the firm ever been charged with noncompliance of any public policy or rules? No. [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project.] 11. Attach to this questionnaire, a notarized financial statement and other information that documents the firm's financial strength and history. Proprietary, but will be provided if being awarded 12. Has the firm ever defaulted on any of its projects? No. [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which a default occurred.] 13. Attach a separate page to this questionnaire that summarizes the firm's current workload and that demonstrates its ability to meet the project schedule. 14. Name of person who inspected the site of the proposed work for the firm: Name: Daniel Muschweck Date of Inspections: August 11th & August 17th 15. Name of on-site Project Foreman: Keysmer Moonsammy Number of years of experience with similar projects as a Project Foreman: 15 16. Name of Project Manager: Tony Rake 17 Number of years of experience with similar projects as a Project Manager: 12 State your total bonding capacity: 1 Million 18. State your bonding capacity per job: 500,000 19. Please provide name, address, telephone number, and contact person of your bonding company: Security Bond Associates, Inc. (Odalis Cabrera) 10131 SW 40th Street, Miami, Florida 33165-3947 305-552-5414 Page 21 of 45 1 Kerns Construciton & Property Management Corp. Current Work on Hand Schedule Work on Hand (in Progress) Contract Amount Status 1 Fort Pierce Central High - Concrete Repair $ 59,962.00 75% St Lucie Public Schools 2 Benson Coach House Contstruction (Private) $ 238,086.00 50% Benson Family 3 Beasley Coach House Contstruction (Private) $ 176,719.00 90% Beasley Family Work on Hand (Not Yet Commenced) Contract Amount Status 1 Historic Walton Road Community Center Renovations $ 119,534.00 Awarded Client: St. Lucie County 2 Humiston Park Restroom Renovations $ 104,900.00 Awarded City of Vero Beach 3 Downtown Dumpster Enclosures $ 213,460.00 Under Evaluation City of Fort Pierce Kerns Construction & Property Management Corr Bid No. 2020053/IRC-1855 19. Complete the following table for SIMILAR projects: Name of Project Date Completed Owner Contact Person: Name/ Email Address/Phone Original Contract Amount Final Contract Amount St Lucie Public Schools Bob Massa772-216 0543 Cont Services Concrete 2022 St Lucie Public Schools bob.massa@ stiucieschools. As Needed TBD rg St Lucie Public Schoolsob 2022 St Lucie Public Massa 772-216-0543 ob.massa@stlucieschools. Cont Services Carpentry Schools As Needed TBD rg Hedrick Brothers Ryan Hutchins CAST Selective Demolition July 2019 Construction 561-689-8880 RHutchins@ $ 83,850.00 $ 98,635.00 hedrick brothers. com Juanita Avenue Sidewalks St Lucie County Craig Hauschild, P.E. Project May 2016 Engineering Dept. hauschildc@stlucieco.org $ 419,166.66 $ 436,523.31 772462-1712 McKesson Tenant Michael Johnson, michael. Improvements June 2016 McKesson johnson@mckesson.com $ 444,062.00 $ 444,062.00 910-368-1482 St Lucie County Bus St Lucie County Murriah Dekle Shelters Project August 2018 Transportation deklem@stlucieco.org $ 170,429.00 $ 165,065.13 772-462-3065 87th Street & 91st Avenue December 2016 Indian River County James Ennis, P.E.'PMP Sidewalks Engineering Dept. JEnnis@ircgov.com $ 1,084,854.00 $ 1,092,206.83 772-226-1283 Page 22 of 45 Kerns Construction & Property Management Cori Bid No. 2020053/IRC-1855 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. This Sworn Statement is submitted with Project No. IRC -1855 for ROSELAND COMMUNITY CENTER BUILDING & SITE IMPROVEMENTS This Sworn Statement is submitted by Kerns Construction & Property Management Cor (Legal Name of Entity Submitting Sworn Statement) hereinafter "BIDDER". The BIDDER's address is _ 1680 SW Bayshore Boulevard. Suite 226, Port St. Lucie. FL 34984 BIDDER's Federal Employer Identification Number (FEIN) is 30-0449688 3. My name is Daniel L. Muschweck and my relationship to the BIDDER (Print Name of Individual Signing) is It's President (Position or Title) 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.sea. Florida Statutes and refer to the applicable Florida Statue(s) 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 BIDDER has allocated and included in its bid the total amount of $ 1,500.00 , based on the linear feet of trench to be excavated over five (5) feet deep, for 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 Project: Benched and/or Sloped Excavations 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 with the Trench Safety Standards. Page 23 of 45 Kerns Construction & Property Management Cort Bid No. 2020053/IRC-1855 7. The BIDDER has allocated and included in its bid the total amount of $ 0.00 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 instituting the following specific method(s) of compliance on this Project: Trench Shoring is not anticipated for this project 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 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: Kerns Construction & Property Management Corp. By: 47' Daniel L. Muschweck Position or Title: President Date: August 25, 2020 _ STATE OF FLORIDA COUNTY OF SAINT LUCIE Personally appeared before me, the undersigned authority, Daniel L. Muschweck who after first being sworn by me, affixed his/her signature in the space provided above on this 25th day of August 12020 . NotPublic, § tb at large My ommissi Expires: Julie Pubes State of Fltmds Julie J OueUler 1 My Commission QO 823274 o► Expires 10/31/2023 Page 24 of 45 Kerns Construction & Property Management Cor Bid No. 2020053/IRC-1855 CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES (This form MUST be submitted with your bid) I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473 of the Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute. I understand and agree that the County may immediately terminate any contract resulting from this solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. Name --o'f-Respondent: Kerns Construction & Property Management Corp. By: (Authorized Signature) Daniel L. uschweck Title: President Date: August 25. 2020 Page 25 of 45 Kerns Construction & Property Management Cori Bid No. 2020053/IRC-1855 LIST OF SUBCONTRACTORS The Bidder MUST list below the name and address of each Subcontractor who will perform work under this Contract in excess of one-half percent of the total bid price, and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Bids, additions, changes or substitutions will not be allowed unless approved by Indian River County after a request for such a change has been submitted in writing by the Contractor, which shall include reasons for such request. Subcontractors must be properly licensed and hold a valid Certificate of Competency. This form must be returned with your bid. If no subcontractors are anticipated return this form with None or N/A indicated below. Documentation Submitted with Project No.IRC-1855: ROSELAND COMMUNITY CENTER BUILDING & SITE IMPROVEMENTS Note: Attach additional sheets if required. Page 26 of 45 Work to be Performed Subcontractor's NamelAddress Complete Striping & Signage Portion of Work 0/6 1. Pavement Markings P.O. Box 651054 TBD Vero Beach, FL 32965 Billco Roofing, Inc. 2. Roofing 833 Barber Street TBD Sebastian, Florida 32958 Indian River Survey, Inc. 3. Surveying & As-Builts 1835 20th Street TBD Vero Beach, FL 32960 4 Construction Materials & I<SM Engineering & Testing TBD Density Testing 11345 US Highway 1 Sebastian, FL 32958 5. 6. 7. 8. 9. 10. Note: Attach additional sheets if required. Page 26 of 45 #AIA oev.,u:nealiv Bid Bond CONTRACTOR, (iVante, legal status wxl ad(iressl Kerns Construction and Property MRa nt. Corp. 1680 SW Bayshore Blvd., Suite 226 Port St. Lucie. Fl, 34984 SURETY: (Nuntr. le,�ul stc►urs c►ncl p►•inci/xtl plu(.•c• O�•hlrSlllC'S.SJ Lexon Insurance Cor pwq, 12890 Lebanon Road 1111..1ulict,'1'N 37122 OWNER: (Arauc. le"411 status and tuhh. tss) Indian Itiver County Board of'Counly Commissioners IN00 2701 Street Vern Beach. FL 32960 BOND AMOUNT: Bond #LY -9014-131 I�ivc Percent or Bid amount------------- -(S%) or Itid Amount PROJECT: (,\"ante, lrwation nr a(klr•ers, anti I'rojeci mumbo. it rut} i Roseland ('ontcnunity, Center Building be Site Improvements Bid No. 20200-53 Project No. IRC -1855 This document has Important legal consequences- Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents. or within such time period as may be agreed to by the Owner and Conti -actor. and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof. or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be nul l and void, otherwise to remain in till force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contactor- to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bill documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond limy (60) days. Ifthis Bond is issued in connection with a subcontractor's bid to a Contractor. the term Contractor in this Bond shall be deemed to be Subcontractor and the tern Owner shall be deemed to he Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project. any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 19th day of August, 2020. (14 . s1 IWifliesc) Kerns Construction a Property Mgmnt. Corp. (C'nnb•a • s Pr ct (Seap (Ti!lc')4�1 D. Kern ,President Lexon I _ - (Sure! (Serr/I (T/1/e brera, Attorney -In -Fact CAUTION, You should sign an original AIA Contract Document. ort which this text appears its RED An original assures final change:: will not oc obscured. _ Init. AIA Document A310111— 2010 (rev. 1012010). Copyright i-)1963.1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING- this AIA Qncutnent I- Wotecreu lly MS. "Ityrtgnt caw anu tntcrnartonal Trzanes. unauthonzoo rapraducuor or un tituuuun of mt- AIA Document, or ..iv Nornon of It. may result to severe civil and crlronral panalues, ono will hk pro%ccuseU fe tht rna, urrunt t•atonr peS511111e ( unci r tot IJvr Purchasers are permitted to reproduce ten (10) copies of this document when completed. To repos copyright violations of AIA Contract 276 Documents. a-ntait The American Institute of Architects' legal counsel. copynghl(ntaw.org r.r: POWER OF ATTORNEY LX -9014-131 Lwwn �nssuranc e, CoMpany KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE"- COMPANY, a Texas Corporation, with its statutory home office in Austin, Texas, does hereby constitute and appoint: Christine Harris, Marina M. Ramil. Odalis Cabrera its true and lawful Attomey(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1 st day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $5,000,000.00, Five Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In - Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 22nd day of June, 2018. LEXON INSURANCE COMPANY ACKNOWLEDGEMENT BY r Brian Beggs President On this 22nd day of June, 2018, before me, personally came Brian Beggs to me known, who be duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described In and which executed the above instrument'. that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. v two '. AMY TAYLOR soreNotary Public- Slate of Tennessee Davidson County W^ _ My Commission Expires 5-9-2023 CERTIFICATE BY i4r, ajav Amy kylor NotalPublic I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Seal at Mount Juliet, Tennessee this 19th Day of August , 2020 By Andrew Smith " Assistant Secretary "WARNING: Any person who Knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." Kerns Construction & Property Management Cor Indian River County Purchasing Division fl My purchasing@Ircgov.com- s ADDENDUM NO. 1 Issue Date: August 6, 2020 Project Name: ROSELAND COMMUNITY CENTER BUILDING & SITE IMPROVEMENTS (IRC -1855) Bid Number: 2020053 Bid Opening Date: August 25, 2020 This addendum is being released to announce a non -mandatory open house at the project site. The building will be open for inspection as follows: Tuesday, August 11, 2020 8:30 a.m. —11:30 a.m. There is no formal pre-bid meeting, and no questions will be answered by staff on site. Any bidder who cannot attend this meeting must contact the Purchasing Division by email to request another date or time. Do not reach out to the building's tenant or the department to request access Acknowledged By: Kerns Construction & Property Management Corp. Daniel L. Muschweck, Preside August 25, 2020 RICK SCOTT. GOVERNOR JONATHAN ZACHERI:, SECRE iARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION IN 1JSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERT IFIED UNDER THE PROVISIONS OF CHARTER 489. FLORIDA STATUTES KERNS, CH RLE -5 DOUGLAS KERNS CONSTRUCT ION AND PROPERTY IvIGMNT CORP 1674- RANCOAST ST PORT ST LUCIE FL 34987 LICENSE NUMBER: CGCO59363 EXPI RATION DATE: AUGUST 31, 2020 Alvrays ver! -(y licenses online at MyFloridaUcense.com 1 Do not alter this document in any f orm. • r This is your license. it is unlaNj,!�ul ;or anyone other than the licensee to use this document. Kerns Construction & Property Management Cor County Certification Number: 27933 Planning & Development Services Building & Code Regulation Division 2300 Virginia Ave Ft Plorco, FL 34982 Phone: (772) 462.1672 Fax: (772) 462-1148 http:/lwww.stlucieco,orglplanninglcontract_licen.htm Kerns, Charles D Kerns Construction & Property Management Corp 540 Nw University Drive Port St. Lucie, FL 34986 Class Code: GEN__ERAL — CERTIFIED License Type: COUNTY CERTIFICATION This Competency Card, issued by the St. Lucie County Contractor Certification Division, authorizes work for the Class Code stated, for the unincorporated areas of St. Lucie County. It does not authorize work for the City of Ft. Pierce, St. Lucie Village or the City of Port St. Lucie. It is the Contractor's responsibility to maintain this card in a current status by providing a Certificate of Insurance, current address and telephone information, and renewing this card annually as required. Expiration Date: 8/31/2020 Danielle Williams -------------------------------------------------- Wallet Contractor ID Card Cut to fit, then fold in half ----------------------------------------------i I I IDENTIFICATION CARD I I I I County Certification Number 27133 I I Class Code: GENERAL — CERTIFIED Contractor Licensing: (772) 462-1672 1 I This is to certify that KERNS, CHARLES D, KERNS Contractor Fax Line: (772) 462-1148 1 CONSTRUCTION & PROPERTY MANAGEMENT CORP has Automated Inspection Line: (866) 284-1280 1 I been issued a County Certificato In St. Lucio County, beginning Inspection Line: (772) 462-2172 1 on 2/21/2012 and ending on 8/31/2020, unless license is revoked. Danielle Williams ------------ ----------------------- Authorized Licensing Official -----------------------------------------------� 1 CITY OF PORT ST. LUCIE 10507 BUILDING DEPARTMENT COMPUTER SERVICE MEMBER EXPIRE: 9/30/20 KERNS CHARLES KERNS CONSTRUCTION & PROP MGMT CORP 540 NW UNIVERSITY BLVD, SUITE 204 PORT ST LUCIE. FL 34986 SIGNATURE GENERAL CONTRACTOR FL#: C ;C0:-)365 PSL " 10931 Kerns Construction & Property Management Cor{ UIKY i 7r;,iigarhrrylibgi 2019 -2020 Kerns Construction & Property Management Corp TAX COLLEGOR ' ` St. Lucie County Local Business Tax Receipt Facilities or machines ff Rooms # Seats # Employees #2 Receipt #1007035 Type of business 1500 BUILDING CONTRACTOR (GENERAL Expires SEPTEMBER 30, 2020 CONTRACTOR) DBA name Kerns Construction And Property Business Charles D Kerns Mailing address: Charles D Kerns Business location: 540 NW University Blvd Suite 204 540 NW University Blvd Suite 204 Port st Lucie, FL 34986 Port st Lucie, FL 34986 RENEWAL City of Pt St Lucie CGCO59365 Original tax: $12.35 3326-503-0014-000/5 P07000122422 Penalty: Collection cost: Total: $12.35 Paid 09/05/2019 12.35 0010-20190905-009882 Law requires this Local Business Tax Receipt to be displayed conspicuously at the place of business in such a manner that it can be open to the view of the public and subject to inspection by all duly authorized officers of the county. Upon failure to do so, the local business taxpayer shall be subject to the payment of another Local Business Tax for the same business, profession or occupation. Pursuant to Florlda law, all Local Business Tax Receipts shall be sold by the Tax Collector beginning July 1 of each year and shall expire on September 30 or the succeeding year. Those Local Business Tax Receipts renewed beginning October 1 shall be delinquent and subject to a delinquency penalty of 10 percent for the month of October. An additional 5 percent penalty for each month of delinquency is added until paid, provided that the total delinquency penalty shall not exceed 2.5 percent of the Local Business Tax for the delinquent establishment. In addition to the penalty, the Tax Collector is entitled to a collection fee of $1 to $5. This fee is based on the amount of Local Business Tax, which will be collected from delinquent taxpayers after September 30 of the business year. This receipt is a Local Business Tax only. It does not permit the local business taxpayer to violate any existing regulatory or zoning laws of the state, county or city. It also does not exempt the local business taxpayer from any other taxes, licenses or permits that may be required by law. Pursuant to Florida law, Local Business Taxes are subject to change Charles D Kerns 540 NW University Blvd Suite 204 Port st Lucie, FL 34986 ') CITY i Business Address: 13usiness Namc: Mailing Address: Kerns Construction & Property Management Corp OF PORT SAINT LUCIE BUSINESS TAX RECEIPT PLEASIi POS%' IN C'ONSPICIOUS PLA C'Is OR KEEP ON PERSON Term: 10/01/2019 — 09/30/2020 2019 -2020 540 NW UNIVERSITY BLVD SUITE 204 Kl•4RNS CONSTRUCTION & PROPERTY MGMNT CORP 540 NW UNIVI RSI'I'Y BLVD SUITEi 204 PORI' S'1' LUCIE, FL 34986 Category: Categmy 3 613N13RAL CONTRACTOR Additional Data: 131111: 131507 Date Made: 09/05/2019 woo ua- 1; Business I'ax Aulhority $134.00 Total Tax Paid: $134.00 THIS 1S A RECEIPT FOR TAX PAID AND IS NOT REGULATORY IN NATURE This receipt does not warrant that the receipt holder is competent to perform in the business, but that the holder has paid the required tax and provided the necessary documentation (ifrequired) for this business. Valid only when all state and local regulated trade licenses/competency cards are valid for the current fiscal year as required by law. Kerns Construction & Property Management Cor ACo " CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: KRETSCHMER INS AGENCY INC PRONE (AIG, No, EXq: (772)467-6656 FAX, Nei: (772)461-8425 2401 W Midway Rd ADDRESS: angie@_Dkretschmerinsurance.com Fort Pierce, FL 34981 INSURER(S) AFFORDING COVERAGE NAIC it INSURED Kerns Construction and Property Management Corp 540 NW University Blvd Ste 204 INSURER A; UNITED SPECIALTY INS CO INSURER 8: TECHNOLOGY INS CO INSURER C : ZURICH INSURER D : INSURER E : COVFRAGFA CFRTIFICATF NIIMRFR- RFVIRInN NI IMrk1=0- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE �ADDL SUBRI POLICY EFF POLICY EXP LTR POLICY NUMBER MMIDDIYYYY MMIDDNYY LIMITS X COMMERCIAL GENERAL LIABILITY FACH OCCURRENCE 5 1,000,000 �/ CLAIMS -MADE I X I OCCUR 1 DAMAGE IU RENIFU PRF.MISFS (E:1 nccurrence) $ 100,000 I MED EXP(Any one pem.on)'S 5,000 A Y I DC100919-01 512812020 5128/2021 PERSONAL 8 ADV INJURY I $ 11000,000 GEN'L AGGREGATE LIMIT APPLIES PER I GENERAL AGGREGATE 15 2,000,000 I PRO POLICY I PRO LOC I ( PRODUCTS - COMPIOP AGG I $ 2,000,000 OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Fnacridenl) S 1,000,000 ANY AUTO i BODILY INJURY (Per Person) S B OWNED SCHEDX AUTOSULFO AUTOS ONLY 2005704209 01 10/12/2019 1 011 212 02 0 BODILY INJURY (Por accident) $ XV HIREO V NON -OWNED PROPERTY DAMAGL S AUTOS ONLY /� AUTOS ONLY (Per Ivcidunt) s UMBRELLA LIAO OCCUR L'ACH OCCUHRLNCE $ EXCESS LIAR I CLAIMS -MADE i AGGREGATE IS DED RETENTIONS is WORKERS COMPENSATION PER OTH. AND EMPLOYERS' LIABILITY YIN STATUTE ER r ANY PROPRETORIPARTNERF-XECUTIVG EA-, EACH ACCIDENT Is OFFICER/lJEh1UCR f XCLUDL N / A (Mandatory In NH) E.L. DISEASE - EA CMPLOVEE, S ies, dOSfXIUO under (y I 1 UESCRIPRON OF OPC RATIONS Unlow E.L. DISEASE - POLICY LIMIT $ SCHEDULED EQ $18,000 INLAND MARINE C EC08730089 12>7/2019 12/7/2020 RENTED EQ $250 ,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remark, Schedule, may be altachod If more space Is required) CERT HOLDER IS COVERED AS ADDITIONAL INSURED WHEN REQUIRED BY WRITTEN CONTRACT I.CR 1 Ir K.A 1 G r1LJLUCI't SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE (Inc-Na;�w O 1988-2015 ACORIPCORPORATION. All richt-. racarvofi ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD o n_ -__.i , A Data CERTIFICATE OF LIABILITY INSURANCE 4/2/2020 Producer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. Holiday, FL 34691 rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policies below. Insurers Affording Coverage NAIC # (727) 938-5562 Insured: South East Personnel Leasing, Inc. & Subsidiaries Insurer A: Lion Insurance Company 11075 Insurers: 2739 U.S. Highway 19 N. Holiday, FL 34691 Insurer C. Insurer D: Insurer E: Coverages The policies of insurance listed below have been issued to the insured named above for the policy period Indicated. NoWthstanding any requirement, term or condition of any.'tract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described harem is subject to all the terms, exdusions, and conditions of suds policies. Aggregate limits shown may have been reduced by paid claims. INSR LTR ADDL INSRD i Type of Insurance Policy yP Y Number Policy Effective Date Policy Expiration Date Limits (MM/DDJYY) (MM/DD/YY) GENERAL LIABILITY Each occurrence Commercial General Liability Claims Made ❑ Occur Damage to rented premises (EA occurronco) Med Exp General aggregate limit applies per: Personal Adv Injury General Aggregate Policy 11Project® LOC Products - ComplOp Agg AUTOMOBILE LIABILITY combined S1n91e Lloilt Any Auto (EA Accident) Bodily Injury All Owned Autos Scheduled Autos (Per Person) Bodily Injury Hired Autos i Non -Owned Autos (Par Accident) Property Damage (Per Accident) Each Occurrence EXCESS/UMBRELLA LIABILITY Occur ❑ Claims Made Aggregate Deductible A Workers Compensation and WC 71949 01/01/2020 L01/01/2021 e X I We stat.- oTH- Employers' Liability tofy Limits ER E.L. Each Accident $1,000,000 Any proprietor/partner/executive offirer/member excluded? NO E.L. Disease - Ea Employee $1,000,000 If Yes, describe under special provisions below. E.L. Disease - Policy Limits $1,000,000 Other Lion Insurance Company is A.M. Best Company rated A (Excellent). AMB # 12616 Descriptions of Operations/Locations[Vehicles/Exclusions added by Endorsemont/Special Provisions: Client]D: 81-67-368 Coverage only applies to aL-tive employee(s) of South East Personnel Leasing, Inc. & Subsidiaries that are leased to the following "Client Company": Kerns Construction and Property Management Corp. Coverage only applies to injuries Incurred by South East Personnel Leasing, Inc. & Subsidiaries active employee(s), while working in: FL. Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity. A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937-2138 or email certifketes@lloninsurancecompany.com Project Name: Benin nate: 12 10 2o12 CERTIFICATE HOLDER CANCELLATION Should any of the above described policies be cancelled before the expiration date thereof, the issuing Insurer vAll endeavor to mall 30 days written notice to the certificate holder named to the left, but failure to do so shall Impose no obligation or liability of any kind upon the insurer, its agents or representatives. rp. Kems Construction & Property Management Cor c� ... ,� � once t,.. JIMMY PATRONIS CHIEF FINANICAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * * CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 11/15/2018 PERSON: CHARLES D KERNS FEIN: 300449688 BUSINESS NAME AND ADDRESS: EXPIRATION DATE: 11/14/2020 EMAIL: CDCASS@COMCAST.NET KERNS CONSTRUCTION AND PROPERTY MGMNT, CORP. 1674 PANCOAST ST. PORT SAINT LUCIE, FL 34987 SCOPE OF BUSINESS OR TRADE: Liconsod Goncral Contractor IMPORTANT: Pursuant to Chapter 440.05(14), F.S., an officer of a corporation who elects exemption from this chapter by filing a certificate of election under This section may not recover benefits orcompensalion under this chapter. Pursuant to Chapter 440.05(12), F,S., Certificates of cleclion to be oxempt... apply only within the scope of the business or trade listed on the notice of election to be exempt, Pursuant to Chapter 440.05(13), F.S., Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if, at any time after the filing of the notice or the issunnco of the cortifcale, the pursuit named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate. The department shall revoke a certificate at any lime for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 QUESTIONS? (850)413-1609 Bid No. 2020053/IRC-1855 AGREEMENT 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 Kerns Construction & Property Management Corp. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: PROJECT DESCRIPTION: Site work: to include demolition of existing concrete sidewalk, retaining walls, stairs, removal of trees, and signs. New construction to include sidewalk, concrete parking spaces, drainage improvements, signage, and stripping. Structural work: to include removing interior floor sections, replacing masonry pier, replacing floor beams, replacing floor joists, leveling of floor, installing new flooring, remove existing roofing, rafter repairs, installing new roof sheeting and shingles, remove and replace doors, remount/ or reseal windows, remove and replace sections of wood siding, painting exterior, constructing new retaining wall, constructing new stairs, handrails, fencing. ARTICLE 2 - THE PROJECT 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: ROSELAND COMMUNITY CENTER BUILDING & SITE IMPROVEMENTS (IRC -1855) Bid Number: 2020053 Project Address: 1297383 RD AVENUE, SEBASTIAN, FL 32958 ARTICLE 3 - CONTRACT TIMES 3.01 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 specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment Bid No. 2020053/IRC-1855 A. The Work will be substantially completed on or before the 120 calendar day after the date when the Contract Times commence to run as provided in the Notice to Proceed and completed and ready for final payment in accordance with the Notice to Proceed on or before the 150 calendar day after the date when the Contract Times commence to run. 3.03 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 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. 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 $1,241.00 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.8, 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 Documents: Numerical Amount: $ 232,431.00 Written Amount: Two hundred thirty-two thousand, four hundred thirty-one dollars ARTICLES- PAYMENT PROCEDURES 5.01 Pay Requests. A. On a form provided by the OWNER, each request for a progress 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 Bid No. 2020053/IRC-1855 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. 5.02 Paragraphs 5.01 and 5.02 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. 5.03 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 Agreement 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 this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 — PUBLIC CONSTRUCTION BOND 6.01 Within fifteen (15) days of receipt of the Contract Documents for execution, the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100% of the Contract Price. If bid does not exceed $100,000, no Public Construction Bond will be required. A. In lieu of the Public Construction Bond, the CONTRACTOR may furnish an alternative form of security in the form of cash, money order, certified check, cashier's check, irrevocable letter of credit or a security as listed in Part II of F.S. Chapter 625. Any such alternative form of security shall be for the same purpose, and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required. The determination of the value of an alternative form of security shall be made by the OWNER. B. Such Bond shall continue in effect for one (1) year after acceptance of the Work by the OWNER. C. The OWNER shall record the Public Construction Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue, Vero Beach, Florida 32960. ARTICLE 7 - INDEMNIFICATION Bid No. 2020053/IRC-1855 7.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its commissioners, officers, employees, and agents, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. 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 Invitation to Bid 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. C. 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 obtained and carefully studied (or assumes responsibility for having 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. E. 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. F. 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. G. 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. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Bid No. 2020053/IRC-1855 ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: (1) Invitation to Bid 2020053; (2) CONTRACTOR'S Bid Form (pages 14 to 16, inclusive); (3) Drug Free Workplace Form (page 17); (4) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 18 to 19, inclusive); (5) Bidders Qualifications Questionnaire (pages 20 to 22, inclusive); (6) Sworn Statement Under the Florida Trench Safety Act (pages 23 to 24, inclusive); (7) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 25 (8) List of Subcontractors (page 26); (9) Civil Drawings Sheets C-1 to C-6 Structural Drawings Sheets S-1 to S-5 Total of 11 sheets (10) This Agreement (pages 27 to 36, inclusive); (11) Public Construction Bond (if applicable) (pages 37 to 39, inclusive); (12) Certificate of Liability Insurance (page 40); (13) Notice to Proceed (page 41); (14) Addenda (if applicable) to ; (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 Directive(s); c) Change Order(s) Bid No. 2020053/IRC-1855 ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement 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 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 a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a Bid No. 2020053/IRC-1855 reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127 1h Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 11- TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or Bid No. 2020053/IRC-1855 (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. (6) if CONTRACTOR fails to pay subcontractors, materialmen and/or suppliers on a timely basis. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Bid No. 2020053/IRC-1855 Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. [The remainder of this page was left blank intentionally] ��� Bid No. 2020053/IRC-1855 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 November 17 , 2020 (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY Dylan Reingold, Jeffrey R. Smith, Clerk of Court and Comptroller Attest: �'VV Deputy Clerk (SEAL) Designated Representative: Name: James W. Ennis, P.E., PMP Title: Assistant Public Works Director Address: 180127 Ih Street. Vero Beach, FL 32960 Phone: (772) 226-1221 Email: Tennis ircgov.com CONTRACTOR: Address for givi License No. 42a asa 3&5 (Where applicable) Agent for service of process: Designated Representative: Name: '�ar.►�,�— Ntusc►��ec �— Title: Address: itoto '.Dw �y No2� .v0. s 22� Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Bid No. 2020053/IRC-1855 PUBLIC CONSTRUCTION BOND INSTRUCTION FOR PUBLIC CONSTRUCTION BOND The front or cover page to the required public construction bond shall contain the information required by Fla. Stat. 255.05(1)(a), and be substantially in the format shown on the first page following this instruction. The Public Construction Bond shall be in the form suggested by Fla. Stat. 255.05(3) as shown on the second page following this instruction. A Power of Attorney from a surety insurer authorized to do business in Florida, authorizing the signature of the Attorney in Fact who executes the Public Construction Bond shall accompany that Bond. Page 37 of 45 3120200072794 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3362 PG: 1952 Page 1 of 3 12/3/2020 10:26 AM Bid No. 2020053/IRC-1855 Public Work F.S. Chapter 255.015 (1)(a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVtS1ONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. BOND NO: LICX1198757 CONTRACTOR NAME: _Kerns Construction and Property j`'gmnt. Corp. CONTRACTOR ADDRESS: 1680 SW Baa ashore Blvd., Suite 226 Port St. Lucie, FL:34984 CONTRACTOR PHONE NO: (772)343-7824 SURETY COMPANY NAME: Lexon Insurance ComDan SURETY PRINCIPAL 12890 Lebanon Road BUSINESS ADDRESS: Mt. Juliet, IN 37122 SURETY PHONE NO: (615)553-9458 OWNERNAME: Indian River County Board of County Commissioners OWNER ADDRESS: 1800 27th. Street Vero Beach FL 32960 OWNER PHONE NO: (772)226-1416 OBLIGEE NAME: (if contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: $232,431.00 CONTRACT NO: (If applicable) DESCRIPTION OF WORK: Roseland Community Center Building & Site Improvements PROJECT LOCATION: LEGAL DESCRIPTION: (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. Page 38 of 45 Bid No. 2020053/IRC-1855 PUBLIC CONSTRUCTION BOND Bond No. LICX1198757 (enter bond number) Kerns Constnction a -id BY THIS BOND, We }' fit'' Pri l and�xG�' a corporation, as Surety, are bound to a ereinipacalled Owner, in the sum of $232,431.001 for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated between Principal and Owner for construction of Otter Site Titfxrovarmts 'the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON 11/20/2020 Kems Ccrostnntion ard Property Igmt • Cbrp 'l Charles D. Kerns, President in Fact) Walis Calera Lexon T1=arrze CbTar y (Name of Surety) Page 39 of 45 POWER OF ATTORNEY LX- 9014 - Bond #LICX1198757 Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its statutory home office in Austin, Texas, does hereby constitute and appoint: Christine Harris, Marina M. Ramil, Odalis Cabrera its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1 st day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $5,000,000.00, Five Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In - Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 22nd day of June, 2018. LEXON INSURANCE COMPANY agVFAHC�: CO 4k2� Jnicop,�Ar^ SEAL P �- ACKNOWLEDGEMENT BY Brian Beggs President On this 22nd day of June, 2018, before me, personally came Brian Beggs to me known, who be duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. v TA AMY TAYLOR Notary Public- State of Tennessee E _ Davidson County y ^" My Commission Expires 5-9-2023 CERTIFICATE BY Amy ylor ti Notal Public I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Seal at Mount Juliet, Tennessee this 20th Day of November , 20 20 ragVRPMCp �; ) � ///��f/��1 SEAL � BY ;a4 ,v ; Andrew Smith Assistant Secretary r f. OF R "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." ACORD �.--.. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 12/10/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Kretschmer Insurance y A enc Inc. PO Box 12519 g CONTACT NAME: PHONE Ext (772) 467-6656 aC No (772) 461-8425 E-MAIL X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Fort Pierce FL 34979 ADDRESS: DCIO0919-01 05/28/2020 INSURERS AFFORDING COVERAGE NAIC # INSURERA: United Specialty Insurance Cc 12537 DAMAGE O RENTED PREMISES Eaoruurenr_e S 200, 000 INSURED (772) 985-5015 Kerns Construction and Property Management Corp INSURER B: Kinsale Insurance Co 38920 INSURER C:Progressive Express Insurance 10193 INSURER D: 1680 Sw Bayshore Blvd Ste 226 INSURER E: Port St Lucie FL 34984 INSURER F: COVERAGES CERTIFICATE NUMRER, Cert ID 1636 RF\lISION NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSO SUBR WVD POLICYNUMBER POLICY EFF MM/DD/YYW POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Y Y DCIO0919-01 05/28/2020 05/28/2021 EACH OCCURRENCE S 1,000,000 DAMAGE O RENTED PREMISES Eaoruurenr_e S 200, 000 MED EXP (Any one person) S 5, 000 PERSONAL B ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- LOC JECT I GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG S 2,000,000 S OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 C ANYAUTO Y Y 02747712-0 10/06/2020 10/06/2021 BODILY INJURY (Per person) S OWNED SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY (Per accident) 5 X HIREDX NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident S S B X UMBRELLA LIAB X OCCUR 0100129067-0 10/07/2020 05/28/2021 EACH OCCURRENCE $ 1,000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE $ 1,000,000 DED RETENTION 5 5 WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ElNIA PER ?5TH - STATUTE ER E.L. EACH ACCIDENT $ (Mandatory If un yes, describe Linder E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS below e S DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: Roseland Community Center Building & Site Improvements. Certificate holder is covered as additional insured when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Indian River County ACCORDANCE WITH THE POLICY PROVISIONS. 1801 27th St AUTHORIZED REPRESENTATIVE Vero Beach FL 329603388 L `� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Page 1 Of 1 Date CERTIFICATE OF LIABILITY INSURANCE 1118/2020 Producer: Plymouth Insurance Agenc This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. rights upon the Certificate Holder. This Certificate does not amend, extend Holiday, FL 34691 or alter the coverage afforded by the policies below. Insurers Affording Coverage NAIC # (727) 938-5562 Insured:Insurer South East Personnel Leasing, Inc. & Subsidiaries A: Lion Insurance Contltany 11075 Insurer B: 2739 U.S. Highway 19 N. Insurer C: Holiday, FL 34691 Insurer D'. insurer E: Coverages The policies of insurance listed below have been issued to the insurednamed above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. INSR LTR ADDL I INSRD Type of Insurance Policy Number Policy Effective Date Policy Expiration Date Limits (MM/DD/YY) (MM/DD/YY) GENERAL LIABILITY Each occurrence S Commercial General Liability Damage to premises (EA Claims Made 11Occur occurrence) b If: Med Exp Personal Adv Injury General aggregate limit applies per: General Aggregate Policy ❑ Project1:1LOC Products - Comp✓Op Agg AUTOMOBILE LIABILITY Combined Single Limit Any Auto (EA Accident) $ Bodily Injury All Owned Autos Scheduled Autos (Per Person) Bodily Injury Hired Autos Non -Owned Autos (Per Accident) Property Damage (Per Accident) EXCESS/UMBRELLA LIABILITY Each Occurrence Occur ❑ Claims Made Aggregate Deductible A Workers Compensation and WC 71949 01/01/2020 01/01/2021 X WCStatu- OTH- Employers' Liability I tory Limits ER E.L. Each Accident $1,000.000 Any proprietor/partner/executive officer/member excluded? NO E.L. Disease - Ea Employee $1.000,000 If Yes, describe under special provisions below. E.L. Disease - Policy Limits $1,000,000 Other Lion Insurance Company is A.M. Best Company rated A (Excellent). AMB # 12616 Descriptions of Operations/Locations/Vehicles/Exclusions added by Endorsement/Special Provisions: Client ID: 81-67-368 Coverage only applies to active ernployee(s) of South East Personnel Leasing, Inc. & Subsidiaries that are leased to the following "Client Company": Kerns Construction and Property Management Corp. Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. & Subsidiaries active employee(s), while working in: FL. Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity. A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937-2138 or email certificates@lioninsurancecompany.com Project Name: IRC -1855, 2020053 ROSELAND COMMUNITY CENTER BUILDING & SITE IMPROVEMENTS, 12973 83RD AVE, SEBASTIAN FL 32958 ISSUE 11-18-20 (SS) CERTIFICATE HOLDER CANCELLATION Begin Date: 12 10 2012 INDIAN RIVER COUNTY Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the len, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its 1800 27TH ST agents or representatives. ` r' •- VERO BEACH, FL 32960 � `^ M a 2020 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P07000122422 Entity Name: KERNS CONSTRUCTION AND PROPERTY MGMNT. CORP. Current Principal Place of Business: 540 NW UNIVERSITY BLVD. SUITE 204 PORT ST. LUCIE, FL 34986 Current Mailing Address: 540 NW UNIVERSITY BLVD. SUITE 204 PORT ST. LUCIE, FL 34986 US FILED Mar 30, 2020 Secretary of State 8291027084CC FEI Number: 30-0449688 Certificate of Status Desired: No Name and Address of Current Registered Agent: MUSCHWECK, DANIEL L 1801 SW NOTRE DAME AVE PORT ST. LUCIE, FL 34953 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: DANIEL L. MUSCHWECK 03/30/2020 Electronic Signature of Registered Agent Date Officer/Director Detail Title CEO/CFO Name KERNS, CHARLES D Address 1674 SW PANCOAST ST. City -State -Zip: PORT ST. LUCIE FL 34987 Title VP Name RAKE, ANTHONY W Address 2697 SE MELALEUCA, BLVD. City -State -Zip: PORT SAINT LUCIE FL 34952 Title P.; PRESIDENT Name MUSCHWECK, DANIEL L Address 1801 SW NOTRE DAME AVE. City -State -Zip: PORT ST. LUCIE FL 34953 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that / am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: CHARLES D. KERNS CEO/CFO 03/30/2020 Electronic Signature of Signing Officer/Director Detail Date NOTICE TO PROCEED M (BIDDER) ADDRESS: Bid No. 2020053/IRC-1855 Contract For: ROSELAND COMMUNITY CENTER BUILDING & SITE IMPROVEMENTS name of Contract as it appears in the Contract Documents) Project No: IRC -1855 IRC Bid No. 2020053 Dated You are notified that the Contract Times under the above contract will commence to run on By that date, you are to start performing your obligations under the Contract Documents. The contract has allocated 120 calendar days for Substantial Completion of this project and 150 calendar days for Final Completion. In accordance with Article 3.2 of the Agreement the date of Substantial Completion is and the date of readiness for final payment is CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under "Instructions to Bidder, General Terms and Conditions" and such insurance has been delivered to the OWNER and approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with Article 6 of the Agreement. Also, before you may start any Work at the Site, you must: (add other requirements, if applicable) INDIAN RIVER COUNTY (Owner) (Authorized Signature) (Title) Page 41 of 45 v ru N O h .p u, Indian River County Building Division Permit Fee Schedule # Permit Type Application Fee Permit Fee Comments New Buildings, 1 Alterations, Mobile and Modular Homes Base permit fee includes subcontractor work (electrical, plumbing, mechanical, insulation, alarm, and irrigation) if subcontractor work is shown on the 0.394% of ICC Building Valuation over $200.00 $50,765 i permit documents, if the value of the subcontractor work is included as part of the aggregate construction value and if subcontractor affidavits are submitted with the application. Commercial Site work and all Accessory Structures are excluded. 2 Additions, Alterations, Misc. Commercial s i M CD w 0 .A Un Residential / Commercial Trade Permits # Permit Fee Comments Swimming $75.00 3 ,Aboveground Pool 4 Burglar Alarm $75.00 5 I Electric $75.00 Electrical $75.00 6 7 Electrical Service $75.00 Change 8 Electrical Temporary $75.00 Pole $75.00 9 Fence Additional permit fee of 0.394% of contract / work order valuation over 10 Fuel Gas $75.00 11 In -fill Screening $75.00 $75.00 $19,039; permit fee due at time of application. Fee Includes one inspection. Trade permits requiring plan review subject to a $55 plan review fee. 12 Insulation _ 13 Irrigation System $75.00 14 Mechanical $75.00 15 Plumbing _ $75.00 _ 16 Pool Barrier (excluding $75.00 screened enclosure $75.00 17 Pre -fabricated detached !accessory structure Residential Paving 18 Driveway, Patio Slab $75.00 1$75.00 19 Solar water or PV Residential Specialty Permits # Permit Type Permit Fee Comments Additional permit fee of 0.394% of contract / work order Door / Window - Fee includes up to 4 components or valuation over $19,039; permit fee due at time of application. 20 Replacement / $75.00 openings Fee Includes one inspection. Trade permits requiring plan Hurricane Shutters review subject to a $55 plan review fee. Additional permit fee of 0.394% of contract / work order Door / Window - `^ 21 Replacement / $200.00 Greater than 4 components or openings valuation over $50,765; permit fee due at time of application. Hurricane Shutters Additional permit fee of 0.394% of contract / work order 22 (Garage door $75 $25 for each additional door in the same valuation over $19,039; permit fee due at time of application. replacement - (1 Door) '00 building / unit Fee Includes one inspection. Trade permits requiring plan j review subject to a $55 plan review fee. V) T rD rD r+ .p 0 u, i i Level -1 Specialty Permits Comments # Permit Type Permit Application Fee 23 Aluminum Structures 24 Signy 25 Demolition 26 . Deck, Dock or Seawall Door or window 27: replacement- Commercial Garage doors 28!, replacement – _ Commercial $200.00 -- $200.00 Additional permit fee of 0.394% of contract / work order valuation over $50,765; permit fee due at time of - application. $200.00 $200.00 $200.00 - $200.00 $200.00 29 House Moving I Separate Alteration permit required for i foundation and improvements at relocation site. - 30 31 32 Hurricane Shutters - Commercial Site -Built Accessory Structure T Commercial Paving $225.00 $200.00 $200.00 --Level-2 Residential and Commercial # Permit Type Application Fee Miscellaneous Permits: I 33 e.g: Fixed Station Generator 34rtRe -roofing 35 Residential Pool -3-6—Com- Specialty Permits Permit Fee Comments $225.00 Additional permit fee of 0.394% of contract / work order valuation over $57,108; permit fee due at time of $225.00 _ $225.00 application. $250.00 mercial Pool INSPECTION RELATED FEES -T_—.._. _ __ $200.00 i FEE 37 � Re -inspection fee $45.00 38. After -Hour Inspections $50 /hour. Minimum 4 -hour P char erg_ -- Comments [1 ] failure to comply with code/plan requirements. [2] unproductive inspector trip (unable to access the work or not ready for inspection). [3] Advisory Inspection requested by contractor or owner. r Must be arranged 2 days in advance. s m m r+ Ln 0 h 4�b u, Plan Review FEE Comments 1st and 2nd Application When content fails to meet sufficiency 39 / Plan Rejection / $100 each Requirement Check List (per state Modification statute). 3rd and subsequent Three (4) times the original When content fails to meet sufficiency 40 Application / Plan plan review fee (1/3 permit fee) I Requirement Check List (per state Rejection / Modification statute). 41I Revision -small format l $50.00 one 8.5 x 11 sheet plan sheets - large format - or more than 42 Revision -large format i $100.00 one 8.5x11 43' Pre -Application Design i $100.00 Review Contractor Licensing ` FEE 44 Competency Card $50.00 Application Fee v 45 Competency Card $50.00 Renewal Fee Administrative Service FEE Comments Fees Microfilm / Microfiche 46 Document Requests See Archive Request form Document Research 47 Digital Document See Archive Request form _- _ requests___-^ _ 48 Paper documents from 0.25* 10.50** per page fee 8.5x11*, 8.5x14*, 11x17** database or copier 49 Change of contractor $50.00 - _ 50 Change of sub- - --- $20.00 -- contractor GENERAL INFORMATION 'Valuation is based on the greater of contract value or latest ICC valuation table or as otherwise acceptable to the Building Official for Valuation (specialty work not addressed by the ICC valuation table. The job valuation must include labor, overhead and profit. Valuation of total methodology limprovement (excluding land) shall be used. Any person who commences any work requiring a permit before obtaining the permit shall be subject to a penalty of one hundred percent Penalties (statutory)., (100%) (Double) of the standard permit fee. The payment of such penalty shall not relieve any person(s) from complying with the requirement of the Building Code, the IRC Code of Ordinances, any applicable laws, or this resolution Multiple Buildings on one property: pWork in common areas of buildings is individually permitted per building not per property. Multiple Buildings Refunds, Permit and Permit Application fees are non-refundable.