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1996-179
a 0 ORIGINAL AGREEMENT THIS AGREEMENT, made and entered into this f2 day of August, 1996, by and between Allcomm Network, Inc, hereinafter called the CONTRACTOR and INDIAN RIVER COUNTY herein called the OWNER. WITNESSED: That whereas, the OWNER and the CONTRACTOR for the consideration hereinafter named, agree as set forth below: Article 1. SCOPE OF WORK As per specifications of advertised and sealed bid in IRC Bid #6080/Fiber Optic Cable Installation opened on July 17, 1996 at 2:00 p.m. CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall furnish, for the sum amount of Three Hundred Nineteen Thousand Three Hundred and One Dollars and No Cents ($319,301.00) all of the necessary labor, material, and equipment to perform the work described above in accordance with the Contract Documents. Article 2. Time of Completion: 120 Days from receipt of the Notice to Proceed. Article 3. General: The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made; and shall complete the same the time. limit specified herein in accordance with the plans and specifications. The OWNER and CONTRACTOR agree to maintain records, invoices, and payments for the work. The CONTRACTOR shall provide Performance Bonds for all work in this Agreement. All work under this Contract shall be done to the satisfaction of the OWNER, who shall in all cases determine the amount, quality, fitness, and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the CONTRACTOR, and his decision thereon shall be final and conclusive; and such determination and decision, in case any question shall arise, shall be a condition precedent to the right of the CONTRACTOR to receive any money thereunder. Any clause or section of this contract or specification which may for any reason be declared invalid, may be eliminated therefrom; and the intent of this contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein. Article 4. Quantities and Prices: The OWNER shall pay the CONTRACTOR for.,all work included and completed in accordance with this Contract, based on the items of work set forth in the CONTRACTOR'S Bid Form. • • D AGREEMENT - (Continued Article S. Acceptance and Final Payment: When the work provided for under this contract has been completed, in accordance with the terms thereof, a final estimate showing the amount of such work shall be prepared by the CONTRACTOR, and filed with the OWNER within fifteen days after the date of completion. The final estimate shall be accompanied by a Certificate of Acceptance issued by the ENGINEER, stating that the work has been completed to his satisfaction, in compliance with the Contract. The Certificate of Acceptance shall not be issued until completed as -built drawings of the actual construction have been furnished to the OWNER and verified. All moneys expended by the OWNER according to the terms of this contract and thereunder chargeable to the CONTRACTOR, all moneys payable to the OWNER as liquidated damages, and all deductions ,provided by the Contract, state laws, or governing regulations shall be retained from the final payment. In accordance with the Florida Prompt Payment Act, after receipt of the ENGINEER'S final acceptance by the OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount of the ENGINEER'S final estimate. PAYMENT of the final estimate and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the CONTRACTOR in connection with this Contract. Article 6. The Contract Documents: The General Conditions, Special Conditions, Specifications, Bid Documents, Bonds, and the Drawings, together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT the day and year first above written. Signed and Sealed by the CONTRACTOR in the presence of: Allcomm Network, Inc (CONTRACTOR) Atte G Joseph Kl �linski :pr,' ''d i P t f W AGREEMENT - (Continued INDIAN RIVER COUNTY (OWNER) 6zamol Attest Fran Adams, Chairman J e ffre, Approved by Board of County Commissioners /116 August 6, 1996 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me thisJjpdayso 9 199_4 by FRAN B. ADAMS K - an oEhear o County ounty Co'm'mis,0n s o ',Indian River County, Florida, and by:A. ) .. -NO&AAM4-�Aq Deputy Clerk .for ,'JEFFREY K. BARTON, Clerk, of the Board of Coun iy Comms sign ot Indian River County, Florida, who are personally known to me, NOTARY PUBLIC QPr'to Name: �te 01 missio mmissiob No.: Commission Expiration d1in 6.�, C��A6�-pr' ei �d:','V - �,D Y", 1) _ .. SECTION E BID FORM IRC BID #6080 INDIAN RIVER COUNTY. FLORIDA Proposal Allcomm Networks, Inc. (Bidder's Name) hereafter called "Proposer" , hereby submits Td: Indian River County Purchasing Department 2625 19th Avenue ! Vero Beach, Florida 32960 r Attn:Fran Boynton Powell, Purchasing Manager Project: IRC BID 46080 FOI-1 Fiber Optic Cable Installation Indian River County, Florida Proposal. _ The undersigned, as proposer, declares that he/she has reviewed the plans and specifications for f the scope of the project, visited the premises to review existing conditions and has reviewed the contractual documents thereto; and has read all special provisions furnished Prior to the opening of proposals; that he/she has satisfied himself/herself relative to the work to be performed. i; The Proposer proposes and agrees, if this proposal is accepted, to contract with the County in the ' form of the Work in full and complete accordance with the shown, described, and reasonable I' intended requirements of the plans, specifications and Contract documents to the full and entire satisfaction of the County. For the Lump Sum Price of: Three Hundred nineteen thousand, three hundred one dollars and 00/100 or $ 319, 301.00 The fiber optic cable and raceways will be installed and tested by Proposer for the scope of work described by the plans, specifications and contract documents will be completed for the amount specified above; inclusive of all labor, materials, services, tools and equipment necessary to complete the required scope of services. Proposer guarantees to complete the -installation within 12 0 _ calendar days from the Notice to Proceed. Any delay in installation from this date may result in liquidated damages being charged against the Proposer in the amount of 5300/day. 23 i R Acceptance of Proposal: The Proposer understands and agrees that the Owner reserves the right to accept or reject any or all proposals submitted within 90 calendar days from the date of the proposal opening, Proposer agrees that it will not withdraw..its proposal for said ,period of time, Owner anticipates award of bid within thirty calendar days from bid opening. Time: Time is of the essence. The undersigned bidder agrees, that if awarded a contract, to execute an agreement within fourteen days and provide necessary. insurance forms in the same time frame. Any exception to these conditions must be noted in your proposal. Respectfully Submitted, llc omm Networks, Inc. Nam of F. m 4 AuN, ized Signatory Title ``�� 7/17/96 (516)546-5001 Date Phone 13150 SE Flora Avenue. Address Hobe Sound, .1:.1. *3345.5 (Corporate Seat) Each Proposal will be evaluated on the above criteria to arrive at the most responsive bidder to the plans, specifications and contract documents. Time is of the essence in this project and should be evaluated accordingly. Indian River County will accept or equal products to those specified; however, the method of installation and termination are not negotiable. 24 A BID BOND Inc. KNOW All MEN EY THESE PRESENTS, that we Allcomm Networks (hereinafter called. the "Principal") ant aPito3 ':Ind"mit (hereinafter called "Surety", are held and firmly bound unto INDIAN RIVER COUNTY, Florida (hereinafter called "OWNER"), in the sum of five percent of the Bid in dollars `Dollars($ for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents; and WHEREAS, the Principal contemplates submitting, or has submitted, a Bid to INDIAN RIVER COUNTY, for furnishing certain labor, materials or equipment, and performance of the work covered in the Bid Form and in accordance with the Specifications; and WHEREAS, it was a condition precedent to the submission of said Bid that a certified check or Bid Bond in the amount of five (5) percent of the 'bid shall be submitted with said Bid as a guarantee that Bidder would, if awarded the contract, enter into a written contract with OWNER for the performance of said contract, within fifteen (15) consecutive calendar days after written notice having been given of the award of the contract; NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT if the Principal, within fifteen (15) consecutive calendar days after written notice of such acceptance, enters into a written contract with the OWNER and furnishes a Performance Bond in required form the full amount of the contract, if such Performance Bond is required, then this obligation shall be void; otherwise, the sum herein stated shall be due and payable to the OWNER and the Surety herein agrees to pay the said sum immediately upon demand of the OWNER in good and lawful money of the United States of America as liquidated damages for the failure thereof of said Principal. IN WITNESS WHEREOF, the said_Allcomm, Networks, Mc. Principal herein, has caused these presents to be signed in its name by its Presidentand attested Capitol by its Gpet ASA% under its corporate seal, and the said IrsdemnitCa>:p as Surety herein, has caused these presents to be signed in its name by 'its Attorney In Fact under its corporate seal, this_11_day of ,7uly ,19 ghkD. A AS TO PRINCIPAL: TITL PnoS , � , , BY: TITL. E c `-� 25 N y Vy7Ya. f11<M .fy Mr, - , Y •• „ .� �.. v .% Oil Wjj •Cr INDEMNITY CORPORATION ;. 4610 01`11Vl RSITY AVENGE, SUITE 1400, MADISON, WISCONSIN 53705.0900 r 1'1 EASE ADMIESS 11L4'LY W PO BOX 5900. MArJLioti. wl 51105 09o0 vo t'I ]ONE (00) 231.4450 • FAX (600) 231-20211 _y ., POWER OF ATTORNEY. No: 403875 pct ,F•,j'�>- Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute and appoint u DAVID B. SHICK, MARK J. CLEMENTS I•:>r? 1 its true and lawful"Altoiney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all 'bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ' NOT TO EXCEED 53,000,000.00 .--•... ..................... a6 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authorityd_u1y*ca`1led theollowing �. • .. Resolution adopted by the Board of Directors of CAPITOL INDEMNITY COAPORATIOt•I at a meeting and } held on the 5th day of May 1960: 'RESOLVED, that the President, and Vice•Presidunl, ilia Secretary or Treasurer, acting individually or oUu,rw•ise be and they hereby are granted the.power and authorization to appoint by a Power of A71un,::y for the purposes only of el ecuffng and atleburig bonds and underiahings, and other t • writings obligatory in the nature thereof, one or mor& rusrd„ w %ice presidenls• assi.n lant secretdus and auornoyfsj n tact. each appanlee to hd,e the powers and duties usual to such offices to the buswuss 0 un, company: Ihu signaturra of buCh officers and seal of the Company may be alliAed R to any such power of attorney or to any certificate rufalmg Urwel,l byllacslmde, and any such power of allnmey or certificate bearing such facsimile r signatures or facsimile seal shall be valid and binding upon ere Company, and any s01 h pawOr $0 executed and certified by facsimile signatures and facsimile seat shall be valid and binding upon the Company in Ihu future with respect 16 any bond or undertaking or other writing oblrgalory in Ute 7t• + nature thereof to which it is attached. Any such appointment may be revoleed, for cause, or without cause, by any of Bald officers. at any time.-'. INIWITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these (presents to be signed by _- its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secrelary, this 1st day of June, 1993. 4 ':= CAPITOL: INDEMNITY CORPORATION' 1' Attest: Vir ifine M. Schulte, Secreta z' Ccnrg . Fail, President t 9 N : conronnre .. bEA1 �c STATE OF WISCONSIN COUNTY OF DANE y i On the t st day of June, A.D., 1993, before me personally came George -A Fait, to me known, who being by me duly sworn, did depose and say:that he resides in the Count of Dane, State of Wisconsin; that he is the President of r, CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that r he knows the seal of the said corporation; that the seal'affixed to said instrument is such corporate seal; that it was soV. 4 ` affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. r Xa v�v°ulumruuu„ r c �+ r v_.. , . pi��� tr., iG STATE OF WISCONSIN' . r PETER E f%/�/. �„ `�A _ ?sF.: 3 E . 3� COUNTY OF DANE = tinws ter E. Hans Pe , g c Notary Public, Dane Co., WI ` r U��i "'+ria••++*'�\o�� My Commissionis Permanentk CERTIFICATE t• � i` i, the undersigned, duly elected to tfie office stated below, now the -incumbent in CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing 4f k attached Power of, Attorney remains In full force and has not been revoked; and furthermore that the Resolution of the Board of -Directors; set forth In the Power of Attorney is now in-furco. � �= Signed and sealed at the City of Madison. Dated Iho '17ti5• -auy of1y 1996 • a cndl•unnl t: F g. sEAr ' Paul J. Bre at, Treasurer • _ `Z�. ,r, .•. 0�� -; elk /%/1lIIIIIIIl11AA+ s This power is valid only it the power of allorney numh,;r panted in i%, if ,vi radia r..:•.4 canner appears in red. Photocopies, carbon copies or + other reproductions aru not -binding on the company. in+luirn•:, of .: .:rtrr ropy 1:•e cfirected to ilia Bond Manager at the Home ' ` 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(I)(b), Florida Statutes, means a findingof guilt or a conviction of a public entity came, with or without an , adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. t 6. I understand that an "affiliate" as defined in Paragraph 287.133(i)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. he term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members and s 1 Jry shares constituting a controlling interest in another person, or a pooling of equipment or ' shall be a prima facie case that one person SWORN STATEMENT UNDER SECTION C. controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months 287.133(3)(n), Florida STATUTES ON PUBLIC ENTITY CRIMES shall be considered an affiliate. ::. THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER 7. I understand that a "person" as defined -in Paragraph • 287.133(I)(c), Florida Statutes, means any natural ,person or entity organized under the laws of any OFFICER AUTHORIZED TO ADMTNISTER OATHS. state of the United States with the legal power to enter into a binding contract and which bids or F 4r' applies to bid on contracts for the provision of goods or services let by a public entity, or which.: 1. This sworn statement is submitted with Bid, Proposal for No #6080 for installation of Fiber Optic Cable. + 2. This sworn statement is submitted by Al 1 comm Networks, Inc. I whose business address isand x,.31 In SE F l gra_ Ayen�.� Hobe So , F1.33455 and (if applicable) its Federal Identification No.(FEIN). • is 2865539 If entity has no FEIN, include the Social Security Number of the 3 >. individual signingth sworn statement: 3.. My name is Joseph G. xilinski and my relationship to the entity named above is President 4. I understand that a "public entity crime" as defined in 1 U Paragraph 287.133 (1)(g), Florida Statutes, 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 } ►« z: not limited to, any bid or contract for goods or services to be provided to any public entity ' or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentations. ` 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(I)(b), Florida Statutes, means a findingof guilt or a conviction of a public entity came, with or without an , adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. t 6. I understand that an "affiliate" as defined in Paragraph 287.133(i)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. he term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members and s agents who are active in the management of an affiliate. the Ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, ,. shall be a prima facie case that one person C. controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined -in Paragraph • 287.133(I)(c), Florida Statutes, means any natural ,person or entity organized under the laws of any state of the United States with the legal power to enter into a binding contract and which bids or F 4r' applies to bid on contracts for the provision of goods or services let by a public entity, or which.: 31 tit . , .. .:...:.,.rte.... 10 • `® 1 otherwise transacts or applies to transact"business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members,and agents who are active in management of an entity. 8. Based -,on mformation`arid belief, the statement which i have marked below is true in relation to the entity submitting this s%orn'statement. (Please indicate which statement applies) Neither the, entity submitting this sworn statement, nor any officers, directors,` executives,. partners, shareholders, employees; members or agents who are activeiin management of the entity„ nor any affiliate of the entity have, been charged with and convicted of a .public entity`.crime subsequent to July 1, 1989. -_ Th'e entity submiiting, 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, or an affiliate ofabe�entity has been charged with, and convicted of, a public entity x crime.subsequenvto July 1, 1989, and (Please indicate which additional statement applies) There has-been•a proceeding concerning the conviction before a hegring"officer of the State .. of Florida, Division of Administrative Hearings, The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor, list.(Please attach. a copy of the final order) ~ The person' or affiliate was placed' on the convicted vendor list. 'There'has been a -subsequent proceeding before a'hearing ofl,76er of the State of Florida, Division of Administrative. Hearings. {The final order entered -by the hearing officer determined that it was in the public interest to remove the person or aPfiliate,from the convicted vendor list. (Please attach a copy of the final'order) The, or`, affiliate has not b en .placed on the convicted vendor list. (Please describe any action, taken or pending with, th epartment of General Services) Signature: µ t `bate: 7 7 96 • - STATE OF Florida ¢ County OF Martin Personally appeared before me, theundersigned authority; Joseph'*G. Kiliriski who after first being sworn by me, affixed hi"er signature in the space provided above on this_ .1� _day of Jul ,19�i�,... Y; . ~'. YAIRICIA RCBINSU�4 • n ; g ; '" ` ' ' My C.,.,h bn C039W12 a Notary Public, State at large it >!c ku«� 1°W nu ' . My Commission Expires: ,; No S' 'fit � •� 'rf. ,' - _ i { BIDDER QUESTIQNNATRE Bidder is to provide the following information. If additional information is ' submitted, it should be included as a separate attachment. PLEASE PRINT OR TYPE: , Firth Name: Allcomm Networks, Inc. President/CEO Joseph G. Kilinski } Telephone: 561 -546-5001 Date: 7/17/96 Prior Performance: 1. Please list three (3) references for which you have performed this type of work for which the County may contact (include addresses and telephone numbers): 1) Firm Adelphia Cable_ CommunicationPlione # 561-62773600 10435 Ironwood Blvd,Palm Beach Gardens, P1. 33410 Contact Doug- Bennett y 2)Firm indiantown_Telephone Co. _ —Phone #561-597-3773 PO Box ,277, Indiantown, F1. 34957 ContaC Anthony Gray i. 3) Firm Florida Power and .Licht _ Phone #305-321-2248 ` 7400 NW 4th Street, Plantation F1 33317 Contac mnny_jvlari nn 2. Please provide the names of the Foreman and Project Manager, with their years experience during this type work. Joseph G- Kilinski 16. -yrs Jeffret Flgrian 12,_.vr.s 3. How many years has your organization been in business? 9 years ai • n _ 4.. Have you ever failed to complete work awarded to you; if so, where and why? j No t • .h �f '71 3 t i i + �.h a1 d -,#i"-,• i C�" iy r � a - ' t."0 -' I. ""a - ._, ,y r ?4 - mss'__" , 14 , � s�.z_,..:..-.�«.....•.,_...:.,.aw-«..w.-�.........` _ -- - •.mow _w-. _ • - . r a `r vy '--.-"SWORN STATEMENT UNDER SECTION ;105.08, INDIAN RIVER COUNTY.CODE,.ON DISCLOSURE OF RELATIONSHIPS' ` "w THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY.PUBLIC OR OTHER' z OFFICER AUTHORIZED TO ADMINISTER OATHS, 1. This:sworn statement is submitted with Bid., Proposal - or Contract No. "6080.. _.......--for 96-FOI-2 Project 2" This sworn:stateihent is submitted by: .::tet Alicomm ntworks Inc. > +;; [name of entity. submitting sworn statement] - whose,business-address is: 1315 0SE Flora Avenue, Hobe Sound F1. 33455 1 '' F r ' and(if applicable) its Federal Employer Identification Number ... W (FEIN). IS:9— 2865539 (If the entity has no FEIN, include the Social Security`' Number -individual s . of the t— iii signing sworn statement. } _ '+3: 'My -name is,.Joseoh- O`. Xi�linski ' 1[please-print name of individual signing] sand my:relationship to the entity named above is President 4. 1 understand'thauan "affiliate" as defined in Section 105.08, INDIAN RIVER -COUNTY Code,.. means: The term "affiliate" includes those ofiicers,'dire'ctors, executives, partners, shareholders, employees, members, y �, and agents who are active in the management of the entity. 5. I understand that the relationship wit}i a County Commissioner or County employee'that must be.disclosed is as follows::, w :* 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- 3 in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent or grandchild. F ' f • ' • '. ., 75 6 x 77 '�. N , . '� . •.>• t .._". . . _ z ...x .. ;�.. a+..+h. „5 •.�+�, a i�.+i'-.Y»r► +-•. ^ . , - b Based on information and ;behef,;theisiatement which T,have marked&below,is-true�in'frelation;to theenttty siilimitttng#this sworn statement. (please`indicate wtiicti sfatementappties] Nither the entitysubmittingathis sworn statement, nor any oliicers,directors,ezecut s; partners; 'fir olds employees, members, �_or agents who pare � ctive sin management of the'entity, Have any relattonshjps 0defined` n Section.lOS:OS Indian River Gounty`66 with any County Commissioner or:County employee �y The entity submitting this sworn, statement, or. one or more of the-oflicers directors;_ executt es, partners, shareholders employees;members, or, agents=who Are vc in Canny ;ment°of.the entity have the"following relaEionships with a Coun'tytCommtsstoner,or. Cana e employee; =Name'of AffiliateName of County Commissioner Relationship or Entity or employee i a [signature 7/17/96 [date] `STATE OF . Flra 'COU NIYOF, Martin The'foregomg ►nstmens was acknowledge&before me this day of 9.J qv1, 1:.tiy��t;�Oh(:.K;l;,sl�, , whois:.personallyknownto�me` ��ii.. or who has"produced as identiflution: NOTA y pUBLIC. signer-`c�+,�v� print tri i Gm�i I elWA eStateof Flordalat large MyW:ommission, xpires i (Seal) n ` r ry 'ATNICtA ROBINSON � �� `S r�P,.. iA Coebn OCy99�12 zee t S Mg.l c Ss r m t IA INSURANCE: INSURANCERE UIRFMPMTOZ 1.1 owners and SUBCONTRACTORS Insurance: The CONTRACTOR shall not commence work until he has obtained all the insurance required under this section, and until such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any SUBCONTRACTOR to commence work until the SUBCONTRACTOR has obtained the insurance required for a CONTRACTOR herein and such insurance has been approved unless the SUBCONTRACTOR'S work is covered by the protections afforded by the contractor's insurance. 1.2 Compensation Insurance: The CONTRACTOR shall procure and maintain worker's compensation insurance to the extent required by law for all his employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the CONTRACTOR shall provide adequate coverage for the protection of such employees. 1.3 Public liability Insurance: The CONTRACTOR shall procure and shall maintain broad form comprehensive general liability insurance (including contractual coverage) and comprehensive automobile liability insurance in amounts not less than shown below. The OWNER shall be an additional named insured on this insurance with respect to all claims arising out of the operations or work to be performed. Comprehensive General S1,000,000 combined Public) liability single limit for (other than automobile) bodily injury and property damage APremises/Operations B Independent CONTRACTORS C Products/Completed Operations D) Personal Injury E) Contractual liability F) Explosion, collapse and underground property damage Automobile, Bodily Injury $1,000,000 Combined and Damage liability single limit A) OWNER/leased Automobiles B) Non -Owned Automobiles C) Hired Automobiles 1.7.4 Proof of Carriage 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 Name Insured must accompany the Certificate of Insurance. 37 to _ .. — ... STATEMENT OF NO BID If you do not intend to bid on this requirement, please return this form immediately to: t INDIAN RIVER COUNTY Purchasing Division 2625 lath Avenue - Vero Beach, Florida 32960 We, the undersigned, have declined to bid on your Bid No.6080 for Installation- of Fiber Optic ' QAble for the following reasons: Specifications too "tight", i.e. geared toward one brand or manufacturer only. Insufficient time to respond to the Invitation to Bid We do not offer this product or service Our schedule would not permit us to perform Unable to meet specifications i Unable to meet Bond requirement Specifications unclear (explain be1Qw) F Unable to meet Insurance requirements s i Remove us from your "Bidders list" altogether Other (specify)`\ REMARKS: �s We understand that if this Statement of No Bid is not executed and returned, our name may be t deleted from your Bidders list for this commodity. .v Company Name: Signature: Telephone: Date: 39 � 4770-5140 Ju 1 0 C 15 P .02 Iridian River Coundy IRC Bid #6080 Fiber Optic Cable Installation 96-1701-2 Prclject A.I.)UENUIJM N0. I July 9; 1996 Rid Openitig Date: *July 17, 1996 Thne .2:00 hill. Pleas- not., the following clarilicati6ns and/or changes in this Bid pursuant to the pre-bid meeting held m July 8, 1996 in tate First Floor Cotiference }loom ol'the Comity Administt-ation Building. i 1. Certain areas oi'thc project tine considered wet or de-wmering areas. Areas mentioned were southbound along 66111 and eastbound along; 41 m. This is not all the areas flint may require dewatering clue to weather conditions during the installation. Rtfie)-envet 2.2.7 Page /9 where Contractor is required to design and prrtinnt dc•wateriuK na necessary in accordance with ), regulations, 2. Road closings are not anticipated; however, any closings that may be require will require a 24 hour notice to the County heline such closing ns well as perfor such activities in accordance with Mt17'C'U and FUnT traffic control standard, rclarenced in General Note I of the plans sheet P,1. 3. Directional Bore method is an acceptable alternate to Jack and Hare through the project. All hares shall be of the sante size and quantity of the conduit plan un either side of the required bore arca. (Example: 2" bore to attach 2" PVC on tither side of bore area, (road, canal, for convenlence) ). 4. Rolled PVC is an acceptable alternate to the 2" stick PVC, TC:6 specified in Scetlon 3.1.4. S. Notation "13OP" slands for Back of Pavement. 6. Modify the hid to accommodate histatlation of conduits al the North Tower site to be installed via directional bore method at the centerline ol'the entrance road or at least 48" nway from the existing water main facility to be located opo Initiating the contract. 7. Modify the bld to accommodate the movoment of the North Tower entrance from Equipment Room 0l to Room 112. This will extend the hand dig around tlI facility 30-50 feet. n . .U�li.l ®U—'JtUll ��II Ui 'Ji 1I - .•l _ .Li} , Page42 Fiber Optic C.ablelnhillatirm'JRC. #6080 Addendum No. 1 dated 7.9-96, 8,. The insurance requirements listed in "Exhibit A." Page 37 showing Automobile, Bodily Injury and Damage liability single limit of $1,000,000 , ...combined.takes precedence over the amounts listed on page 1 i of This document. " 5 9.` The Contractor will be required to survey the project to insure proper " �inslallatlon within the Right -Of -Ways given and atter the installation with GPS ' `(Global Positioning Techri6logy) to insure accurate As-buills of ilia fiher.optic _ 'cnble plant._Morgan &.Ecklund in Verb,Beach (561-569-2218) and Masteller, - Mohler & laced in -Sebastian (561-589:4810) are among the f rnis that have this technology available for surveying. 10. The following phone numbers are listed for reference and communicat tons for Ilia selected bidder, rol�arilation Jndlyidual Phone Beener 41 PCS, Inc, Bruce Boyd 407-743-9737 800-498.2932 'Indian RlverCuuno, General Services Sonny Dean 561.567.9000 ext 223 Emergency Services Doug Wright $61-567.8000 ext 225 Purchasing Fran Powell 561.567-8000 ext 416 Utilities -Locates Harry Asher 561-770-5306 '4'�'11.What is the size ofbore-pipes in areas marked "C" on the drawings? !Answer: Infer to the'SectloirL Airy hone Ir mr•arca calliq,�or.2"tv/ll he sai`ne r' t �' " and likewise for areas cphhik for 4 .' 12. The written`specifications call for a pull hox'every' 1000 feet, but'the plans do - not reflect this. Should the bid be based on writte&specifications or plan drawings; �. _ Answer: The dra wigs lake precedence for this praJecl. • 13. Note: Sheel 14 was hrlernllorrally deleted from .ret a'ef. (,)I drenvhrgs as fire City of Vero Beach is perfoi-i nhng this area of hrstallailoir, r •. 14. We want to confirm our understanding that t:his,bld�covers Ilia installation -of ;= conduit and,pulling owner provided ware for only those routes listed in Sections ,- - 1;00 and 2,00. Sections 3.00 and 4.00 are shown for reference only or is it r Intended that this contract includes pulling wire in these existing conduits. An if this is included. Then do we include 3" post and survey? Ansiver: Only Sections 1.Ranrl2.0 are to he Included on this hid. ; .-• .•.; .. �� �I'tl.•,'� �,.J."��'''',I�• .�,r l,'.t 1, :'.. '�fj t }I ;'',b •" jryy }?`I�J�1' �� ,,ir .,•.. ....-•1ti..,.Lr',Y. '•ji.+.d�t.••i.:L Pane 3 Fiber Optic Cable Installation IRC 46080 Addendum No. I dated 7.9.96. I5. What are the specifications for fiber optic spiioe boxes? Aii werr Elber aptic splice onclosta-es are not required for this co»Irac1. Puliboxea ora apeclf ied where slack anal future splices may be placed. CONTRACTOR Allcomm Networks, Inc. STREET ADDRESS; 13150 SE Flora Avenue C17'Y, STATE, Z1P` Hobe ou F . 33455 AUTHORIZED SIGNATURE _ TITLE, —pre g, ent DATE. 7/17/96pHp 561-546-5001 L ASE RETLjRV THIS ADDENDUM WIT1I YOUR BID ON JULIt j7. 1996 i' i i I MMMM .,lz�= k AIICOM NETWORK N . 18150SE.f1o1 I., How Sound, Fl 33155 9 Potential Sub -Contractor List 1. Tom Glisson and Sons -Directional Boring 2.Keen Underground -Plow Fiber 3.Pledger Inc. -Directional Boring 4.Communications by Poire'-Boring Note:All Contractors will not necessarily be used. 561646-5001 FAX 561 545.3343 II Indian River County IRC Bid #6080 Fiber Optic Cable Installation 96-FOI-2 Project Bid Opening Date: July 17, 1996 Time: 2:00 pm. Purchasing Division 2625 19th Avenue Vero Beach, Fl, 32960 PRE BID MEETING SCHEDULED FOR 10:00 A.M. JULY 8, 1996 IST FLOOR CONFERENCE ROOM COUNTY ADMINISTRATION BLDG. ___ ____.._ �...... a.vvaava.v av araai✓a..a��a 1...........J SECTION B SPECIAL PROVISIONS 7,,,, ,, g SECTION C GENERAL CONDITIONS 9.........15 SECTION D TECHNICAL SPECIFICATIONS 17,,,,,,.22 SECTION F FORMS BID FORM 23.......24 BID BOND 25 ....... 26 PERFORMANCE BOND 27 ......28 AGREEMENT 29.......30 SWORN STATEMENT PUBLIC ENTITY CRIME 31 QUESTIONNAIRE 33 STATEMENT OF DISCLOSURE 35.......36 INSURANCE EXHIBIT A 37 STATEMENT OF NO BID 39 SECTION I ROUTING DIRECTIONS 40 PCS DESIGN DRAWINGS PROJECT 505 DATED 4./23/96......;...... PAGES 117 Ifi ADVERTISEMENT FOR BIDS IRC BID #6080 FIBER OPTIC CABLE INSTALLATION 96-FOI-2 PROJECT Sealed bids will be received -by Indian 1996. Each bid shall be submitted in a address of the bidder on the outside a Purchasing Division located at then opened in the Purchasin€ 32960. All bids received 9 returned unopened. until 2 ;a or wamea in win, ne recervei Avenue Vero peach, Florida 3 i sated at 1625 19th Ave., Vero B .M. of the day specified above, be The work for this project shall consist of famishing and installing all the necessary equipment, materials and labor for the installation of County provided fiber optic cable. The cable shall be placed in the road Right -Of -Way from the new County North Tower site in Sebastian to the County Tower at Hobart road to the County Sheriffs Office. Conduits will be placed from the North Tower site to Schuman and Barber intersection in Sebastian and from Kin - s H and Hobart road into the Hobart Tower and from the easternmost Right.0May'line of the Sheriffs Office property into the Sheriffs Office, A Pre -Bid Conference Meeting will be held on Monday, July 8, 1996 at 10:00 A.M. EST in the First Floor Conference Room in the County Administration Building, 1840 26th Street, Vero Beach, F132960. All bids shall be submitted in triplicate on the Bid Proposal forms provided within the specifications. A Bid Bond must accompany each bid and. be properlexecuted by the bidder and by a qualified Surety in the sum of not less than five (R) of the total amount of bid, made payable to Indian River County Board of County Commissioners. The County, reserves the right to delay awarding of the Contract for a period of sixty (60), days after the bid opening, to waive informalities in any bid, or re ect any or all bids in whole or in part with or without cause and/or to accept the bid that, in its judgment, will serve the best interest of Indian River County, Florida. Purchasing Manager Indian River County, Florida � ° • �� � ! " L f ri G ; fir '� �� � , -+ '��' . h � - � � .� „' � ,, � 4 -�� g , ' � p .: �"'3. �r� '*'+t. ' } x i••r< f rte, • r. .' � t.' 11x' •- a , 4 ^ � •, �» '�'�' ri ' . . .f ^.�*. ! 'tom 4 • � � - e . •�� _. 2t �rP ' e��• SECTION A INSTRUCTIONS TO BIDDERS' 1.o`. `'. DEFINITION OF TERMS 1.1 ; _Addenda. r `. Any interpretations or revisions, in a written, telegraphic or graphic form to any of the .contract documents received by Bidders before the opening of bids. ' 4"? 1.2,! LL Authorized Representative + q : Any representative of ttieCounty, whether or not a County, employee, designated as the t , K %County's authorized representative for the purposes of this contract either m a provision '. : • r ` of,these specifications or in writtencommunication from the County Administrator to the•; CONTRACTOR, 1.3 Bidder. --Any person, firm, corporation, organization or agency submitting a bid for the work t "` a proposed or a duly authorized representative. + IA ' Bonds R Bid, performance, maintenance, payment or any other instruments of security furnished by /the CONTRACTOR and his authorized Surety in accordance with the contract's ' 6`.documents.- .1, 5 Ctiange Older j l 'A written order to the CONTRACTOR, signed by the OWNER or the OWNER'S agent, . and the Engineer, authorizing an addition, deletion or revision in the work issued after the' -- :7-6 ^ award- of contract. Such change order. may .increase or decrease the contract cost and/or - -time-requited. and/or work required to perform the contract X4'4 1".6 r. Contract or Agreement }' �Jhe written agreement executed by the OWNERand the CONTRACTOR for the ' = 'performance of the work. The contract shall be substantially in the form provided iti . "these specifications. _ 1:7 'Contract Bond'_` — , . ,. ��,_ �r " �, _ �. ',. �: -�;x°, _ nd the _ The security furnished by'the CONTRACTOR'aSurety as a- guaranty that the CONTRACTOR will fulfill the terms of the Contract in f :r•, accordance with the plans, specifications and other contract documents, and ,pay all legal debts pertaining to the construction of the Project. - ti 1.8 CONTRACTOR or Vendor The person, firm, corporation, organization or agency with -whom the OWNER has xt" executed a contract for performance of the work or supply of equipment or materials or his duly'authorized,representative. ' I F ; 1.9 Engineer�.r�: ;� ,_,• ;` r .�,�F! - The firm of Precision Contraction Services consulting (PCS).its principals, or its ' V authorized representative. 4 .= 1.10 OWNER or County Board County Commissioners, INDIAN RIVER COUNTY . of or its authorized - t representative. _ -• f'- r� • �- a j s � y �: o is � `�' ,� *• ,�". 4 C -t`'tri - �� .c�+Ftr •'� -i. ,.t _ {f. AAA Ji - r., P ..,- *s t-. � yt. ... -• - - .. �.v.,;s.., «-...- amu_ .., ..:- '!� 1,11 Plans Drawings or reproductions thereof furnished by the Engineer, pertaining to the Project. 1.12 Specifications The directions, Provisions and requirements contained herein, together with all written agreements made setting out or relating to the method and manner of performing the requested services, the quality of material and personnel to be furnished under this contract. All applicable laws of the State of Florida, the Federal Government and the rules and regulations of the County of Indian River are hereby adopted and made a part hereof as specifications. 1.13 SUBCONTRACTOR Any person, firm or corporation other than the CONTRACTOR supplying labor or materials for work being performed under these specifications. 1.14 Substantial Completion The date certified by the Engineer when the construction of the Project, or a specified part thereof, is sufficiently completed, in accordance with the Contract Documents, so that the Project or specified part can be utilized for purposes for which it was intended. 1.15 Surety The corporate body which is bound with and for the CONTRACTOR, and which contracts responsibility for his acceptable bid,performance and maintenance of the Project and for his payment of all obligations pertaining thereto. 1.16 Work All labor, materials and incidentals required for the construction of the improvement for which the contract is made, including superintendents, use of equipment, and tools, and all services and responsibilities prescribed or implied, which are necessary for the complete performance by the CONTRACTOR of his obligations under the Contract. Unless otherwise specified herein or in the Contract, all costs of liability and of performing the work shall be at the CONTRACTOR'S expense. 2.0 SPECIFICATIONS 2.1 All sections of the specifications and all supplementary documents are essential parts of the contract and requirements occurring in one area as though occurring in all. These specifications and documents in their entirety shall be included in, and made a part of, the contract between the County and the successful bidder. 2.2 In the event there is any conflict between the terms and conditions contained in the specifications, the precedence of the specifications shall be as follows: a. Addenda or modifications of any nature, if any b. Supplementary conditions, if any c. Technical specifications, if any d. Special provisions e. General. conditions f. Instructions to bidders gg Bid form h. Invitation to bid 2 i ' 23 Therew�nll�be no oral interpretations of these specifications�Any,,'bidder/,propciki- in"doubt= aspioNthe true'meanitg of any part of the specryfications or related documentsmay#sublii a,written reques"t to the Purchasing;,Manager; for.inierpretation�thereof A11 requests,fornter preta t onor corrections shall be 'receivedb the` Purchasm Mana er no later than' tens 10 da senor to the deadline for submitiing',16 1pr6po-sik Anyjfnterpretationzto a`bidderwill be made only by,:;an addendum duly issu`ed'and acopy of such addendum will be mailed and, deli4i& toAeach.liidder receiving a*set of documents. I 3:0 BOND REQUIREMENTS 1 1,141 '1366&requirernents, if any, are detailed in the section entitled,Specia]:Ptovisions. ? r 4 REPARATION OF BIDS 4 IB�ds shall be submytted in triplicate on the prescribedform,provided m ttiese.specifications. 1 b a ti Atl �copies mustfbe plarnly rriarked y�the bidder,who willdbearesponsible�f&ith6r correctness 'All Wan E%paces'inust be filled in as rioted in ink or type. Bids.having erasures or corrections musf be initialed m'i'nk by the bidder, 4.2 Only one.bid from any individual firm, corporation, organization_ or, agency under,the 1same j or, different name shall be considered: Should �it>�appear ao the OWNER�>`that�any!.bidder is interested in more than one bid,aall bids in which:such bidder has interest-will be rejected. SUBGQNTRACT;ORS;: are ;allowed, bids shall be accorfiparued bY, a-thstk of.;all, j 4 3x SUBCONTRACTORS which theebidder proposes=to.employ.:SUBCONTRACTOR sliall�notA.be, changedwithout approval'of the'OWNER. ;> 4 4 Any deviation from ahese specifications must; be,explained inrcietail O,therwise,' it* consideied that labor, materials and"e"quipment b�d`isfm tact:compliarice wtth'these specifications andfhe successfiil.= b►ddei=will: be Held res' orisible for meeting ,those spec►fications :, Any exceptions: or clarificatiori's -to any section of the specifications; shall=be clearly indicated on.;'a separate sheet(s) attached to the bid foim and shalhspecifm ly refer to"the applicable sp cificat ori: paragraph and`page. 4 5 A bidder is expected o fully;inform himself as to;the r uirementi of�thx¢specifi�cat�ions=and �1... failure toSdo so:=witlgbe"at=his"own"nsk. A bidder, shallknotre(kp, t=to secure relief on the plea�of {* ecriir Tr fi` x4 6 No alternate'x.bids "shall be�subii i"6d'unless°specifically. requested A n the, In—Vkition to:Bid., 3. i R ,A,"mt Y' n} &0 1 QUALIFICATIONS OF BIDDERS 51- The County reserves the right to make such investigations as it may.deem,n6cessiiry to establish the competency, and financial 0 ability I f any bidder to perform the work. " 1 5.2 If, after the invegtigatibn;, - the 'evi6nce , of competency and financial ability -is not satisfactory, the County reserves the 'right,toreject the bid. 6.0 RECEIPTAND OPENING OF BEDS 6.1 'ALids mtiklbe submitted in a sealed,envelope, addressed and mailed or delivered as stated 'in the Invitation to Bid. Any bidder. may,,wiihdraw his bid either p6sonally or by telegraphic or written communication at, any time prior to the scheduled closing time for the bid. 6.2 '—the*bidjer shall submit his bid on the f6rm furnished along with all,information-indicated on the ,form. Bids shall be in the units specified for each item. * The bidder shall enter the company - name wherever the bid form so indicates along with all the authorized signatures'. *6' .3 '.,'B'ds-shall be opened'and publicly read at the time and place indicated in the invitation to Bid:, 7.0_, '.-CONSIDERATION OF BIDS AND AWARD OF CONTRACT ."The -contract will be awarded to the lowest responsible and responsive bidder whose bid, conf6rming to the specifications and/or instructions to,bidder, will be the most advan,talgeous,to. the County; price and other factors considered. 7.2- OWNER reserves the right to award 'the contract to other than the low bidder for such - reasons as acceptability of specific products or designs, delivery times, warranties, past performance, unacceptable deviations or exceptions taken to these specifications or degree of compliance with any other requirement of these specifications. Further, OWNER shall have the,. fight to consider,price, quality, time required for performance and qualifications of the bidder in making the,award. 1.3 The OWNEk reserves the right to' waive an and all irregularities and to 'reject any, or allbids in the�best interest of the OWNER and,'awarythe contract to the responsible bidder whose bid'is determined to be in the best interest of the County. 4 - .. ... .. �, 7.4 If the contract is awarded, the OWNER will accept the bid and awarddfthe contract to the successful' bidder within sixty (60) days after the opening of the bids, by written notice to the successM bidder. The award of the contract will be made to one CONTRACTOR only for all work to be done, Z % 7r Z 7.5 Failure on the part of the successfiil bidder to execute a contract within fifteen (15) days after the notice of acceptance shall be just cause for annulment of award. The OWNER may then accept the bid of the next best evaluated bid or re -advertise for bid. 7.6 If the bid of the next bidder is accepted, this acceptance shall bind such bidder as though he were the original successful bidder. 8.0 ACCEPTANCE OF OFFER 8.1 The signed bid shall be considered an offer on the part of the bidder; such offer shall be . deemed accepted upon completion of all steps in the purchasing process and issuance by the County of a contractual document. 9A PERFORMANCE 9.1 All material and parts 'ordered for this project shall be bid F.O.B. Destination, at the job site. 9.2 The performance time may be a factor in the evaluation of the bid. The performance time shall be defined as the anticipated time period expected to elapse between receipt of the purchase order or execution of the contract and completion of the work. It is to be emphasized that the meeting of specifiedperformance schedules is a significant part of ability to perform and that failure to meet such schedule may result in termination of the contract and will surely be considered in the evaluation of future bids. 10.0 ADDENDA I 0 Addenda issued by OWNER prior to the bid opening shall be binding as if written into the specifications. Bidders shall acknowledge receipt of the same as indicated on the bid form. 5 �{ .. :f' 2 N -f X c.N• Y } R. ?Y .i, ... .. . • . . ';e . .. _ ,y. drr"w�.r' iJ...r.�.r.Y.....-..S]+. 'r..+..-....-•_�... ..utc.�.; '' ',w,.i+.n:.»4'. ;f _1 �t • _ t SECTION B ` ' SPECIAL PROVISIONS SCO PE . 3 ' 1.1. ,, - These: Special Provisions shallsupplement the General Cofiditions grid 'shall govern purchases by" the County. of Indian River under these Specifications; except ' that technical f` ` specifications, if any, will govern if any conflict arises between such technical specifications and � these Special Provisions. 2,0 '' DESCRIPTION OF THE. WORK/ALTERATIONS - ;'-r2a: The .work _for this project shall consist of furnishing and installing all the- necessary equipment,-mat6dals•and labor for the installation of the County provided fiber optic cable. The the , :1 st cable;.shallte placed in the road -ROW from new Co un North Tower site in Sebastian to the : ty .".�•' •, ; -,k County Tower. at Hobart road,to the County Sheriffs Office. Conduits will be'placed from the ,NortheTower site.to Schuman and Barber intersection '2.2'•-., Extra work:. -Without invalidating the contract the OWNER ma at an time b ,written - 8 Y Y t y f" ' ' `change order and without preliminary notice to the surety, order extra work within the general' • scope or alter the work by addition or reduction, and the contract 'price will be adjusted accordingly. x.:2.3 :?Changes in work: The County shall .,have the right to suspend work -wholly- or, in part for suspend, -:such.period w periods as may be deemed! necessary,due,to unsuitable other conditions'. <;I whichithe County considers unfavorable for the work to proceed. No allowance of any kind will •; .r z be made for such suspension of,work except an equivalent time for" completion of the contract. '•Ls �;. ;3.0' �CbM""MENCEMENT OF WORK 'Tire:work'shall:commence immediately upon receipt of a Notice to Proceed. 4.0 TIME OF-COMP_LE_TION t�� 4.1 The work shall be completed within the time slated on the bid as timerequired io complete w '' all work. • .. 4:2 Time is of the essence for the completion of all" rk under this contract. Any delay in installation from the completion date stated on the Invitation to Bid form may result in liquidated damages being charged against the'CONTRACTOR in the amount of $300/day. 5.0 CONTRACT PRICE'• 5.1 The County, shall pay the CONTRACTOR for the work at the .pric6(s) stated on the bid' form, No additional payment shall be made to the CONUACTOR except for additional work or ' ,n° f materials as stated on a valid change order issued by the County prior_ to.the performance of the work or delivery of materials. 1. 5.2 Final Payment Acceptance: The acceptance by the CONTRACTOR of final payment due t" on termination of this contract shall constitute a full and complete release of the County from any , and all claims, demands and causes of action whatsoever which the CONTRACTOR, its =. "successors or assigns have or may have against the County under the provisions of this contract. s r ,� �m =� � ` •. " - See �'i. , 1.7'6.0 EXAMINATION OF THE SITE &L - Be o 41 re'sutiffi- tting, this bid, the bidder shall visit the -job site in order to ascertain the "prevailing local conditions which may affect the work to be done. 6.2 'Arrangimehts to visit the work site'may be made by contacting Sonny Dean,, Director of General Services at (561) 567-8000 ext. 223. 6.3 No payment'for Additional work or'.materials shall be made upon any claim of changed conditions(s) if such c6hdition(s) could have been reasonably foreseen upon diligent'exaraination of the site prior,tosubmission of the bid. 7.0 _COOPERATION/COORDINATION -177.1., The OWNER -arid its autifoiized representatives shall be Permitted free access- and every reasonable facility for the inspection of all Work and materials. 7' .2, Work by OWNER: The County hereby reserves the right to perform activities in the area where.work is. being done under.this contract with its own forces. 7.3 Work by Other- CONTRACTORS: The County hereby reserves the right to perihit -other CONTRACTORS to work within the area which is the site of the Work under the contract. 7.4 Coordlnation: CONTRACTOR' shall Afford OWNER and 'other. CONTRACTORS' reasonable opportunity for the introduction and storage of their equipment, materials and the,, {-execution of their work concurrently, and shall properly coordinate its work with theirs in the best interest of the County. 80 BONDS' 8.1 Bid Securily: Each- bid must be accompanied by a cashier's check, certified check or bid bond in the form attached to these S ecifications payable to INDIAN RIVER COUNTY in the' amount of five (5) percent of the,bilsubri-dtted. Bid security will be forfeited if the successful bidder fails to execute a contract with the County substantially -in the form attached hereto within .fifteen.(15) days after notification of Award of the contract. The OWNER shall within ten (10) .days after the opening of the bids, return the bid securities of all bidders except those posted by the three lowest responsive bidders, whose bid securities will be returned upon the final award and' execution of the contract between the successful bidder and the OWNER, and after proof of insurance and/or a Performance Bond as specified: herein .has been received by OWNER. 8:2 Performance Bond.- The CONTRACTOR shall furnish a Performance Bond in the form attached to these specifications in an amount of 125% of the lump sum amount bid as security for the full and complete performance of the contract and for the payment of all persons performing tab -or, furnishing materials or furnishing equipment in connection with the contract. 8.3 Requirements as to Surety: The- surety or Sureties shall be a company or companies satisfactory to the County. Any surety shall be required to have a resident agent in the State of Florida and shall- be duly licensed to conduct business therein. The requirement of Florida resident agent may be waived by the County if evidence satisfactory to the County, is provided that applicable requirements have been met to.perrnit service of process on a State official under Stawlaw, 8 Cn w7- 12! SECTION C GENERAL CONDITIONS ' 1.0,'°'RESPONSIBILITIES OF THE CONTRACTOR - 11' Performance: The CONTRACTOR -shall perform all authorized work . initiated by the i OWNER promptly and diligently in'a good, proper and workmanlike manner in accordance with these Sppecifications. The CONTRACTOR, in doing the work, shall have the freedom to perform the authorized work by such.means and in such a manner as he may choose within the limits of .,. these Specifications. Employees,of the CONTRACTOR shall not be deemed employees of the OWNER for any purposes whatsoever. 1.2 Materials, Services and' Facilities:. The CONTRACTOR shall provide and `pay for all X= • labor, tools, equipment, transportation and materials and these shall be, of a high quality in every The CONTRACTOR' S. be in i ,,,respect. employeesshall as clean and good appearance as•the job conditions permit and shall co' duct, themselves in an industrious'and'courteous manner:'Modem ' tools kept in good working order shall be utilized. Adequate first aid supplies shall pp be provided y the CONTRACTOR and'shall be accessible to the i'. employees.: ` • - 1:3 SUBCONTRACTOR: The -=CONTRACTOR may utilize - service or -specialty .t SUBCONTRACTORS on those parts of the work which under normal contracting practices are - i performed by specialty SUBCONTRACTORS. The following provisions -shall apply: ' * •' 1.31, The CONTRACTOR shall'notify the OWNER in writing of any subcontract r d that.is to be utilized and no SUBCONTRACTOR shall be employed without the written t approval.of the OWNER. raM -1:3.2- The CONTRACTOR shall be as fully responsible to the OWNER for acts and `omissions of persons directly,or indirectly employed by tum as he is for the acts and _ omissions of persons strictly, employed by him. 1 1.3:3 Nothing contained in this contract shall create any.kind of contractual relationship ?dYs,Fy between the SUBCONTRACTORS knd the OWNER. 1 K: 1.4 Compliance with Laws and Regulations: All County; State and Federal laws, regulations or ordinances must be strictlyobserved. CONTRACTORS shall be responsible for all practical and legal notices and signals tthe public while the work is in progress and shall take preautions that may be necessary to protect, life and.property. 1.5 Responsibilityfor Damages: The CONTRACTOR shall' indemnify and bold harmless the OWNER from all suits, actions,or claims of any character brought on account of any injuries or °e damages received or sustained by any person, persons, or property by or from the said CONTRACTOR, or by or in consequence of any neglect in safeguarding the work through the use of unacceptable materials or workmanship or by or on account of any activity or omission, neglect or misconduct of the CONTRACTOR, a SUBCONTRACTOR or by any other account of, 'any, claim or amounts recovered from,any infringement of patent, trademark or copyright or } , from any -claims or amounts arising or recovered under the "Workers Compensation Law" or any other law, by-laws, ordinance, order or decree. - , •, : _ rye; 1.6 Enforcement or Litigation Cost: The CONTRACTOR shall pay all costs and expenses that " may be incurred by the County (i) in enforcing compliance by the CONTRACTOR with they provisions of this contract, or (ii) in defending any proceeding or suit brought against the County `,.. for violation by the CONTRACTOR, of any law or ordinance, or (iii) in defending any action or t e. . - - - suit for which indemnification is required thereunder. if the County shall be, or be made, a party to any litigation with respect to any matter arising out of, or related to, this contract as to which the CONTRACTOR is at fault or responsible, the CONTRACTOR shall pay all judgments, decrees and costs, including reasonable attorney's fees, incurred by or imposed upon, the County in connection therewith. 1.7 Insurance: 1.7.1 OWNERS and SUBCONTRACTORS Insurance: The CONTRACTOR shall not commence work until he has obtained all the insurance required under this section, and until such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any SUBCONTRACTOR to commence work until the SUBCONTRACTOR has obtained the insurance required for a CONTRACTOR herein and such insurance has been approved unless the SUBCONTRACTOR'S work is covered by the protections afforded by the CONTRACTOR'S insurance. 1.7.2 Compensation Insurance: The CONTRACTOR shall procure and maintain worker's compensation insurance to the extent required by law for all his employees to be engaged in work under this contract. In case any employees .are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the CONTRACTOR shall provide adequate coverage for the protection of such employees. 10 • 1.7.3 Public Liability Insurance: The CONTRACTOR shall procure and shall maintain broad form comprehensive general- liability insurance (including contractual coverage) and comprehensive automobile liability insurance in amounts not less than shown below. The OWNER shall be an additional named insured on this insurance with respect to all claims arising out of the operations or work to be performed. Comprehensive General (Public) .Liability (other than automobile) A) Premises/Operations B) Indenendent CONTRACTORS $1,000,000 combined single limit for bodily injury Property damage D) Personal Injury E) Contractual Liability F) Explosion, collapse and underground property damage Automobile Bodily Injury Automobile Property A) OWNER/Leased Automobiles B) Non -Owned Automobiles C) Hired Automobiles $300,000 per individual $500,000 aggregate $500,000 per occurrence Damage Liability 1.7.4 Proof of Carriage 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 Name Insured must accompany the certificate of insurance. 1.8 Permits and Licenses: The CONTRACTOR shall procure all permits and licenses, pay all charges and fees and give all notice necessary and incidental to the performance of the work. 1.9 Assignment of Contract; The County reserves the right to terminate a contract bygiving thirty (30) days notice in writing, of the intention to terminate if at any time the CONTRACTOR fails to abide by or fulfill any of the terms and conditions of the contract. The County also reserves the right to terminate this contract for the convenience of the County, and/or with or without cause. 1.9.1 Fiscal Non -Funding: In the event sufficient budgeted funds are not available for a new fiscal period, the County shall notify the vendor of such occurrence, and the contract shall terminate on the last day of the current fiscal period without penalty or expense to the County. 1.10 liens: Before the final acceptance of the work and payment by the OWNER, the CONTRACTOR shall furnish to the OWNER proper satisfactory evidence, under oath, that ail claims for labor and materials employed or used in the construction of said work have been settled and no legal claim can be filed against the OWNER for such labor and materials. If such evidence is not furnished to the OWNER, such amounts as may be necessary to meet the unsatisfied claims may be retained from moneys due to the CONTRACTOR under this contract untie the liability shall be Fully discharged. 2.0 CONDUCT OF THE WORK 2.1 Al I parts and materials to be permanently installed shall be new and of the most suitable grade for the purpose intended. Equipment shall be modem, in good condition, and of adequate size and proper type to perform the duty required. 2.2 Defective Work And Materials. 2.2.1 Al I materials furnished or work done, when not in accordance with the intent of these Specifications, shall be rejected and shall be removed immediately and replaced by suitable and satisfactory work and materials. Failure to reject any defective work or materials wig not prevent later rejection when such a defect is discovered and shall not relieve the CONTRACTOR of his obligation to fulfill his contract even though such work and materials have been previously inspected by the OWNER and accepted; it shall not obligate the OWNER to final acceptance nor shall it prevent the OWNER in any time subsequent from recovering damages from work actually shown to be defective within a one (1) year period after the final acceptance. 2.2.2 If the CONTRACTOR fails to remove any defective work or materials, the OWNER shall have the right to stop work and remedy the cause at the expense of the CONTRACTOR. 2.2.3 If the OWNER deems it expedient to accept minor imperfect work, the OWNER shall have the right to retain such work and an equitable deduction shall be made in the Contract price. 2.3 Damage to the Work. Untie final acceptance of the work by the OWNER, it shall be under the charge and care of the CONTRACTOR and he shall take every necessary precaution against injury or damage to the work by the action of the elements, or from any other cause whatsoever. The CONTRACTOR shall rebuild, repair, restore and make good, at his own expense, damages to any portion of the work before its completion and acceptance. 2A Final Clean Up. Before the work is considered compete, al l rubbish and unused material due to, or connected with, the work must be removed and the premises left in a condition satisfactory to the OWNER. Al I property, public or private, disturbed or damaged, during the execution of the work shall be restored to its former condition. Final payment wig be withheld untie such work is accomplished. 3.0 SAFETY AND PROTECTION 3.1 Safety. The CONTRACTOR shall furnish and install al l necessary equipment and facilities for the protection of the workers and the safety of the public and shall carry on this work in a manner best calculated to avoid injury to the public or to the workers. 3.2 Protection of Adjacent Property and Utilities. The CONTRACTOR shall conduct his work in such a manner as to avoid damage to adjacent .private or public property and shall immediately repair or pay for any damage incurred through his operations. The CONTRACTOR shall take cognizance of al l existing utilities and he shall operate with due care in the vicinity of such utilities and shall immediately repair or have repaired at no additional costs to the OWNER any breakage or damage caused by his operation. Should the OWNER be required to make such repairs, the cost of such repairs shall be deducted from the contract .price. 12 4.0 TERMINATION/DEFAULT 4.1 If the CONTRACTOR shall be adjudged as bankrupt, or if he should make a general assignment for the benefit of his creditor(s), or -if a receiver shall be appointed for the CONTRACTOR, or if he should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper materials, or if he should refuse or fail to make payment to persons supplying labor or materials for the work under the contract, or persistently disregards instructions of the OWNER, or fails to observe or perform, or be guilty of a substantial violation of any provision of the contract documents, then the OWNER, after serving at least ten (10) days prior= notice to the CONTRACTOR of its intent to terminate, and such default shall - continue unremedied for a period of ten (10) days, may terminate the contract without prejudice to any other rights or remedies and take possession of the work; and the OWNER may take possession of, and utilize in completing the work, such materials, appliances and equipment as may be on the site of the work and necessary therefore. The CONTRACTOR shall be liable to 4 the OWNER for any damages resulting from such default. j 5.0 DELAY 5.1 Notwithstanding the contract schedule, the County shall have the right to delay performance for up tothree (3) months as necessary or desirable, and such delay shall not be deemed a breach of contract, but the contract schedule shall be extended for a period equivalent to the time lost by t t reason of the County's delay. 5.2 If the work is stopped or delayed for more than three (3) months, either in whole or in substantial part, either the County or CONTRACTOR may elect to terminate the contract because of such delay. If such stoppage or delay is due to actions taken by the County within its control, Contractor's sole remedy under the contract shall be reimbursement for costs reasonably expended in preparation for or in performance of the contract plus Contractor's lost profit for the period of Contractor's performance on the job site. 5.3 If the performance of the contract is delayed by fire, lightning, earthquake, cyclone or other such cause completely beyond the control of either the County or CONTRACTOR, then :the time for completion of the contract shall be extended for a period equivalent to the time lost by reason of any of the aforesaid causes. 6.0 WARRANTY/GUARANTEE 6.1 CONTRACTOR warrants and guarantees to OWNER :that all materials will be new unless otherwise specified and that all work will be of good quality and free from defects and in accordance with the Specifications. 6.2 CONTRACTOR agrees to remedy promptly and without cost to OWNER, any defective materials or workmanship which appear within one (1) year from the date of completion of the u.: work. 6.3 No provision contained in these Specifications shall be held to limit Contractor's liability for defects to less than the legal limit of liability in accordance with law. 6.4 No provision contained in these Specifications shall be held to limit the terms and conditions of the Manufacturer's Warranty and CONTRACTOR shall secure parts, materials and equipment >� to be installed with Manufacturer's full warranty as to parts and service for one (1) year wherever tir possible, Qf. 13 d * � � � f, •ty t t. ` of `.; 6:5! '-AS-Built Diraving Requiremenls ••,,:_ 6.54';- Prior to Final Acceptance, the Contractor shall utilize the Global Positioning system surveying technique to accurately identify the position of the fiber optic cable every 500' . along the installation. The CONTRACTOR shall' "submit to the Owner four (4) sets of As -Built Plans and two (2) additional sets of reproducibles,'This plan set"shall show,the.. { exact way in which the installation was constructed, including all changes during the .: •,�_ course of -the project. As a minimum, the plan set shall show the following'. •' , ''` 5 2.; Cominurvc_ations cable routing, puU box locations, fiber cable test readings 5;3 The CONTRACTOR'shall correct any errors to the As=Built pians upon review by t the'ENGINEER before Final Acceptance is complete. 7,0`, MEASUREMENT& PAYMENT 7.1 ,. Requests for payment in accordance with terms of, the contract shall consist of the following: 7.2 ..`The Contractor's -will show, in summary form, the basis for arriving at the amount -of the invoice., Payment requests must reflect the compensatory unit items reflected in this Proposal a document. Invoices will be due on the 15th and 30th of each month and shall be ,paid- within '30 days of receipt exctudin¢ a t0%retainage to he held tintil Final Arl'4-_nt5lnne nn the nmiPrt 7.3 Payments -made in -accordance with the contract shall be made on submission of itemized.. requests'by the Contractor arnd'shall be_subject .to reduction for overpayments, or- increase for. underpayments on preceding .payments to the Contractor. 7.4 The:obligation'of the Government to make payments required under the provisions of this ; contract shall, at the discretion of the contracting Officer, be subject to the following: a. Reasonable deductions due to defects in material or workmanship; b. Claims which.the Government may have against the Contractor under or in ` �' connection with this contract; and c, Unless otherwise adjusted, repayment to the Government upon demand for overpayments to the Contractor. 8.0 NOTICES , 8.1 Notices to the CONTRACTOR pursuant to these Specifications `shall be deemed to have been properly sent when mailed to the CONTRACTOR at the address provided on the bid form. jt h'C :. 8.2 Notices to the County shall be deemed to have been properly sent when mailed to the Purchasing Manager of the County at the address stated -for the mailing -of bids on the Invitation to Bid: j- ! •. r. • ... .. 'fir �`: ._ •. ,��� � �_...•:-y �.,�'. ���� �f..'s� �� *•,;-_ *�' .- .` w.iF,�p�� • . .. r _ . , � ��. ,� �1=� : '�} i fia�Q:.p,,-Fkw i-FL�"��•,' ry� ""� rte. .^' � * _��^ ', '�, •' . .... • „.... ..._...,.,a�,.,_......,.� �� c.� �.... <... ... _ eersa�L�: Bey .. ____..-a1hw�IrrYeit. %0-1 -:DISPUTE 1Gxcept,as,otherwise provided in thus co�ntract;.anyvdispute concerning a°question=of fact or oftinterpretation of aTrequirement.of the contract: wh�ch:ts not ;disposed tiftiy muhta!°consent- between the parties„shall be decided by the County Administrator or his designee, whop shall "'i the decision -to venting and,,furnish a copy,thereot,to the parties. Inacoiuiection>vnth any dispute proceeding under this clause, the party shall*be�afforded an' opportunity. to be 6ai'd`. dto offer evidence in support of its version of the facts and interpretation of the contract. 9;1,2 The County Administrator or his designee, shall.make such explanation as may be necessary to complete,,explain or make definite the,provisions of this contract and'%t findings, and ' clus ons shall be final and bindingwon�both parties. -Pend rig *A'r al - decision -of a dispute�there under,:CONTRAGTOR�shall proceed diligently,with:ifs perfor>nance of�th`e contract.,in accordance with thetpreli�ninary directions of therCounty •Administrator. 10.0 TERMINATION BY THE COUN'T'Y 10;1 The County reserves the right to terminate a contract by,giving,thirty (30), days notice in writin , of the intention to -terminate, if at -any time the CONTRACTOR fails to:abidesby,6t4ibifill, any, of the terms and-, conditions of the contract. The County also reserves the �nght to urminate this contract for the convenience of the'County; and/or with or without cause. 11 0w-PUBLICENTITY CRIMES 11 L,,PublicEntity, Crimes - Section 287:133 of the Florida State Statutes requires,that-a s CONTRACTOR submit'a sworn statement conceming,Public Entity crimes before a=purchase' of $10,000 00 or more_can b'e made.by at Government Entity Bid&rs,are required to' submit the enclosed form ( Refer to Forms Section of Bid4Docuinent) with their bid,. as failure to do so"may- be reason for rejection of bid. 12A .PUBL•IC DISCLOSURE STATEMENT 12.1 .., Conflict_ of Interest: Any .entity COI�TY shall disclose any r0ationship °County Commissioner or County, employ � :follows. ti. 12 1 1 Father, mother; son daugghle� x �:, , nrece; husband;wrfe ;father`rn laaiv;` i ..` s�ln law,�stsrerin, /aw,'stepJath'er, step brother,halJsister, grandpcirent„or The term "aPfi:ha 12 2te” Includes those `employees,xmembers, and agents who are° l , � s> �: rof relationships shall"be a(swornstatement the Forms Section ofthisWI3 d) Failure to d fl submitting a bid or, entering into a contract,with:the ttiatmay exist;;between the„contractingeniity a d a ee. The relationship. with either must be ;disclosed;, as w.rrbrr c.iy -u�cwrvurcr,�i�� lders, 2.2 Referenced Specifications 2.2.1 Contract Construction Administration - Contract Documents This document is a subset of the overall contract that will be executed between the County and the lowest most responsive and responsible bidder meeting the specifications and qualifications as set forth in this Invitation to Bid.. All contractual and construction requirements stated herein are included in the Contract by reference but shall be governed by the terms and conditions of the master contract. In the event of conflict between the master contract package and these TECHNICAL SPECIFICATIONS., the more stringent shall apply. 2.2.2 General References The CONTRACTOR shall be fully responsible for all hardware and documentation as detailed in these TECHNICAL SPECIFICATIONS. IFA 1 11 SECTION D INDIAN RIVER COUNTY FLORIDA FIBER OPTIC INSTALLATION 96-FOI-2 TECHNICAL SPECIFICATIONS 1.0 System Review & Scope of Project i If The work for this ;project shall consist offurnishing and installing all the necessary. equipment, materials and labor for the installation of County provided fiber optic cable. The cable shall be placed in the road ROW from the new .County North Tower site, in Sebastian to the County Tower at Hobart road to the County Sheriffs Office. Conduits will be placed from the North Tower site to Schuman & Barber intersection in Sebastian and from Kings Hwy & Hobart l road into the Hobart Tower and from the eastemmost ROW line of the Sheriffs Office property into the Sheriffs Office. 1.2 The successful bidder will be responsible to obtain the County owned fiber from the storage facility, survey and gain utility clearances of the route, place conduits (30-36" below grade) and pull boxes where specified in the plans, pull or plow (3642" below grade) the fiber ; cable including storage and splice loops, install detectable warning tape (12" below grade), test i j 1, bare fiber cable after installation and provide GPS surveyed As-Builts to the County. `. 2.0 General Requirements 2.1 Project Coordination f The intent of these TECHNICAL SPECIFICATIONS is to set minimum standards for the CONTRACTOR to follow and to refer specifically to the plans sheets for direction in the j execution of the cable installation. 2.2 Referenced Specifications 2.2.1 Contract Construction Administration - Contract Documents This document is a subset of the overall contract that will be executed between the County and the lowest most responsive and responsible bidder meeting the specifications and qualifications as set forth in this Invitation to Bid.. All contractual and construction requirements stated herein are included in the Contract by reference but shall be governed by the terms and conditions of the master contract. In the event of conflict between the master contract package and these TECHNICAL SPECIFICATIONS., the more stringent shall apply. 2.2.2 General References The CONTRACTOR shall be fully responsible for all hardware and documentation as detailed in these TECHNICAL SPECIFICATIONS. IFA To assure full and complete utilization and compliance the fiber cable provided, the CONTRACTOR shall provide personnel certifications for those persons to be engaged in the project. The Contractor's "Foreman" and "Project Manager" must show experience with at least 3 projects of similar size and scope prior to initiating any activity on the project. 2.2.3 Workmanship Throughout the entire project, the CONTRACTOR shall attempt to alleviate the impact on the adjacent lot OWNERS and the traveling public. Part'.cular attention shall be given to neatness and thoroughness of the installation operation and the burial of the underground storage loops and conduit system. The fiber cable shall be handled with care to avoid any damage and shall be buried at a depth consistent with the plans. 2.2.4 Incidental Work and Materials The intent of these TECHNICAL SPECIFICATIONS is that the work to be done under this CONTRACT shall be neat; finished, full and complete in every detail and ready for use and operation for the purpose for which it is intended. All materials furnished under this CONTRACT shall be new and the most current at the time of advertisement for bid and purchased for use in this CONTRACT. The CONTRACTOR shall furnish all labor, tools, .implements, materials, machinery and equipment necessary to complete the installation and post -installation bare fiber cable test for this work. The cost of all incidentals, minor and miscellaneous items work and materials not specified or shown which are necessary to complete and maintain the work shall be included in the price bid for other items in the CONTRACT, and no other compensation will be allowed. The CONTRACTOR shall pay all shipping costs for the equipment furnished and installed under this CONTRACT. 2.2.5 Warranty The equipment supplied for this project shall be guaranteed for a period of one year after final acceptance of the overall project. The CONTRACTOR shall be responsible for repairing and/or replacing all workmanship and material supplied under these TECHNICAL SPECIFICATIONS. The CONTRACTOR shall also bear the total shipping cost of delivery and transportation costs related to the repair of the returned equipment and material throughout the CON` RACT. The CONTRACTOR shall also bear the total responsibility for replacement of the fiber cable if damaged during the installation process for any reason other than an act of God. The CONTRACTOR shall transfer to the OWNER any warranties and guarantees remaining on all items after final acceptance. In event of failure on the part of the CONTRACTOR to replace or repair to original condition any such articles of equipment ormaterial within seven calendar days from the date of notice, the ENGINEER may have the work done by others and charge the cost to money due to the CONTRACTOR. 0 I To assure full and complete utilization and compliance the fiber cable provided, the CONTRACTOR shall provide personnel certifications for those persons to be engaged in the project. The Contractor's "Foreman" and "Project Manager" must show experience with at least 3 projects of similar size and scope prior to initiating any activity on the project. 2.2.3 Workmanship Throughout the entire project, the CONTRACTOR shall attempt to alleviate the impact on the adjacent lot OWNERS and the traveling public. Part'.cular attention shall be given to neatness and thoroughness of the installation operation and the burial of the underground storage loops and conduit system. The fiber cable shall be handled with care to avoid any damage and shall be buried at a depth consistent with the plans. 2.2.4 Incidental Work and Materials The intent of these TECHNICAL SPECIFICATIONS is that the work to be done under this CONTRACT shall be neat; finished, full and complete in every detail and ready for use and operation for the purpose for which it is intended. All materials furnished under this CONTRACT shall be new and the most current at the time of advertisement for bid and purchased for use in this CONTRACT. The CONTRACTOR shall furnish all labor, tools, .implements, materials, machinery and equipment necessary to complete the installation and post -installation bare fiber cable test for this work. The cost of all incidentals, minor and miscellaneous items work and materials not specified or shown which are necessary to complete and maintain the work shall be included in the price bid for other items in the CONTRACT, and no other compensation will be allowed. The CONTRACTOR shall pay all shipping costs for the equipment furnished and installed under this CONTRACT. 2.2.5 Warranty The equipment supplied for this project shall be guaranteed for a period of one year after final acceptance of the overall project. The CONTRACTOR shall be responsible for repairing and/or replacing all workmanship and material supplied under these TECHNICAL SPECIFICATIONS. The CONTRACTOR shall also bear the total shipping cost of delivery and transportation costs related to the repair of the returned equipment and material throughout the CON` RACT. The CONTRACTOR shall also bear the total responsibility for replacement of the fiber cable if damaged during the installation process for any reason other than an act of God. The CONTRACTOR shall transfer to the OWNER any warranties and guarantees remaining on all items after final acceptance. In event of failure on the part of the CONTRACTOR to replace or repair to original condition any such articles of equipment ormaterial within seven calendar days from the date of notice, the ENGINEER may have the work done by others and charge the cost to money due to the CONTRACTOR. 0 2.2.6 Electrical Standards Electrical materials shall conform to the applicable standards of the Florida Department of Transportation Standard Specification for Road and Bridge Construction, 1991 as amended NEC, IMSA, NEMA, EIA and ANSI in every case where a standard has been established for the particular article, material or equipment. 2.2.7 Dewatering If required, the CONTRACTOR will include in his/her bid the costs to design, install and utilize a temporary dewatering system until completion of construction to remove subsurface waters from structure or utility trench excavations as required. The dewatering system shall also be designed to meet the requirements of the EPA NPDES General Permit for Florida and shall prohibit pumped groundwater discharges to Waters of the 0.3. which violate the concentration limits in General Requirements Section 01010. 2.2.8 Clean-up At all times during the progress of the work the CONTRACTOR shall use all reasonable precautions to prevent tampering with the fiber cable and/or the trench line. Within 5 days of completion of the installation operations, the CONTRACTOR shall remove all of his equipment, materials, and supplies from the site of the work. The CONTRACTOR shall remove all debris, fill in all holes or excavations, and grade the site to elevations of the surface levels which existed before the work started. The CONTRACTOR shall return all surplus fiber cable to the County.` 3.0. Technical Specifications 3.1 Communications Cable Installation °.\> 'A" The CONTRACTOR shall furnish and install the communications cable according to the } plans inclusive of all conduit and ,pullbox placement, building entrances, cable storage loops, detectable warning tape and cable identification markers. The CONTRACTOR will i. Al be responsible for installing all fiberglass or GRS bridge conduit brackets and supports to 1' accommodate the bridge crossings incurred in the routing. The fiber optic cable installation shall be supervised by trained and experienced personnel. I`y No cable termination will be required in this contract. The locations where the cable is to installed in conduits shall be pulled by hand or tension monitored pullers; but, in no way Y shall this operation exceed the manufacturers specified pulling capacity of the cable, 6001bs/psi. The CONTRACTOR shall hand assist the installation at each handhold and pullbox and at the facility entrances. The cable shall not be crushed, kinked, or forced t around a sharp corner. No raceways bend shall exceed 270 degrees in sweeps between , pullboxes. Sufficient slack , a minimum of 50', shall be left at each end of the cable to allow proper cable termination. At points noted on the plans, 100' storage loops shall be 19 ,' buried to accommodate future intermediate splicing. The CONTRACTOR shall take every precaution to ensure that the cable is not damaged. All communication cable installed under this Contract shall be identified with permanently attached plastic labels at each facility, pullbox and storage loop. The labels shall either be permanent non -fading ink, indicating the limit of the intersection indicating the legend "FIBER-OPTIC CABLE". The ENGINEER shall approve the label prior to rmanufacture, The CONTRACTOR shall also place above ground, orange, 3" wide posts spaced every 200' with a label denoting the below grade utility "FIBER OPTIC CABLE". The Contractor shall be responsible for calling Sunshine State Locator Company at 1-800-432- 4770 to coordinate and schedule with all the local utilities and/or service agencies to go the site and locate existing lines/conduit. All cable shall run continuously without splicing from termination point to termination point shown on the plans. The CONTRACTOR shall carefully determine the length of cable necessary to reach from termination Point to termination point. Splicing of cable is not permitted and aeiial junction boxes are not permitted. Should the communication cable be damaged, the entire segment of cable shall be replaced at the expense of the CONTRACTOR; no insulation repair will be permitted. Wherever the communications cable is to be installed inside conduit or poles with other cables, all cables shall be pulled together and no further cables shall be permitted to be installed in the same conduit or pole, unless all cable is removed first and reinstalled. cables during this reinstallation process, the CONTRACTOR shall replace this or her sole expense. Only fiber optic pulling lubricants will be permitted. 3.1.1. Fiber Cable & Fiber Termination's - By County - Not In Contract (NIC) 3.1.2 Aerial Construction - By City of Vero Beach - Not In Contract (NIC) 3.1.3 Above ground Metal Conduit All above ground conduit that is to be placed at the entrance to the North and Hobart Tower sites and Sheriff's Office facility will be 2" galvanized rigid steel conduit. The CONTRACTOR will coordinate the rigid conduit placement with -' representatives from the County Emergency Services Dept. to maintain clearances from electrical ducts and provide for the least obtrusive entrance into the communication rooms of the facilities. All rigid metal conduit and fittings installed on this project shall be galvanized rigid steel. The material shalt conform to Underwriter's laboratories Publication Ui- G for rigid metallic conduit, and to the National Electric Code. All new conduit connecting to existing conduit shall be of the identical size as the existing conduit. No reducing couplings or reduction in the inside diameter of conduit shall be permitted. Any conduit installed which is new from end to end (not coupled to an existing conduit), except for electrical power service and telephone termination's, shall be a minimum of two inches inside diameter. No Intermediate Metallic Conduit (IMC) or thin-wall indoor -type electrical conduit shalt be permitted on this project. 3.1.4 'Underground Conduit Installation Type of conduit shall be TC6-PVC and shall be 2" or 4" with three (3) 1 1/4" innerducts where specified in the plans. The top of the conduit shall be not less than 24 inches below grade, and shall have a minimum slope of 3 inches in each 100 feet away from buildings and toward manholes and other necessary drainage points. Run conduit in straight lines except' where a change of direction is necessary.. Grade bottom of trench smooth; where rock, soft spots, or sharp - edged materials are encountered, excavate the bottom for an additional 3 inches, fill and tamp level with original bottom with sand or earth free from particles, that would be retained on a 1/4 -inch sieve. Provide color, type and depth of the detectable warning tape, Thor "Terra" tape or approved equal, as specified with label "WARNING - BURIED FIBER OPTIC CABLE - WARNING ". Except at conduit risers, accomplish changes in direction of runs exceeding a total of 90 degrees, either vertical or horizontal, by long sweep bends having a minimum radius of curvature of 10 feet; Manufactured bends shall have a minimum radius of 24 inches for use with conduits of less than 3 inches in diameter and a minimum radius of 36 inches for ducts of 3 inches in diameter and larger. Excavate trenches along straight lines from structure to structure before ducts are laid or structure constructed so the elevation can be adjusted, if necessary, to avoid unseen obstruction. 3.1.5 Direct Bury Construction Bury cables directly in earth as shown on the plans, except under railroad tracks, paved areas, and roadways, and where specified to install cables in conduit. Utilize the "plow" method of cable placement to direct bury the fiber cable and a detectable tape. Excavate to a depth that allows a minimum cable cover of 30 inches to the top of the cables. Trenches shall be in straight lines. Bends in trenches shall have a radius of not less than 36 inches. When rock is encountered, remove to a depth of at least 3 inches below the cable and fill the space with sand or clean earth free from particles larger than U4 inch. Replace sod which has been removed, as soon as possible after backfilling is completed. Restore areas disturbed by trenching, storing of dirt, cable ilaying, pad construction, and other work to original condition and maintain until final acceptance. Provide necessary topsoiling, fertilizing, liming, seeding, sodding, sprigging or mulching. Do not unreel and pull cables into the trench from one end. However, the cable shall be unreeled on grade, "Figure • 8'ed", and pulled through canal crossing conduits. leave a horizontal slack of approximately 25 feet in each pullbox for bridge crossings and at points shown on the plans where connections are to be brought above ground. Where cable is brought above ground, leave additional slack, approximately 50' per end, to make necessary connections. 4.0 Testing, Service & Warranty Requirements 4,1 Subsequent to installation, CONTRACTOR will test cable by use of Optical Time Domain Reflector calibrated at 1310nm with bare fiber adapters. The results of these tests are to be provided to INDIAN RIVER COUNTY General Services Department on two (2) disks and two copies of printed traces prior to any final payment being issued. 4.2 CONTRACTOR to warrant installation for one year from acceptance by INDIAN RIVER COUNTY from faults occurring due to improper installation by the CONTRACTOR. All material supplied under this Contract shall be covered by the manufacturer's normal written guarantee or warranty against defects in materials, workmanship, and performance. 22 ��� �z,y��yg�7 «,d'�41' v ", i+: E'^�{'1•� � '�" , ,fit° .7.} s' (. �i( R ; y � � t b rl ( . i� F " .? t 4 •}" •� 4=_ � ti r �, �' SIiW¢ i ♦ �J y � .y*y^�y¢#yj� w r •rL 1,,F T I S ri "c fit+ '� •3 . ,� .,:. ,�,..�,µ,."M _ - x SECTION E �. ,' •.. ;, ,. -, t ', #6080' ..'IRC--BIfD INDIAN RIfVER COUNTY. FLORIDA'*;'Y. Proposal_ y (Bidder"S' Name) hereafter called'"Proposer" , hereby submits MA(Indian River, County Purchasing Department �r ~2625 19th'Avenue .,Vero Beach, Florida- 32960 .`Atte Fr`anx' oynton'Powell, Purchasing Manager Project: IRC BID'#6080 ' - FOI-I Fiber Optic Cable Installation Indian River County, Florida'( Pioposal: • _ .. :The undersigned, as proposer,. declares that he/she has reviewed+the plans and 'specifications for' _n r°the scope of the+project; ,visited, the premises to,review eitisting'conditions and has reviewed the ., •_ u'.?'cootractual,documents thereto, -and has read"all special provisions" furnished' Prior to the opening ofproposals; that he/s6e has satisfi4tiinself/herselfrelative to the.work tobe performed,' A ' The ,Proposer proposes and agrees, if this proposal'is accepted', to contract with the County in the ' « e form of the Work in full and complete accordance with the shown, described; and reasonable f intended requirements of the plans, specifications and Contract documents to the full and entire satisfaction ofthe`County. , For the I:ump<Sum Price of: r .... �� 7 or. i The fiber optic cable and raceways will be installed and tested by Proposer for the scope of work described by the ♦plans, specifications and contract documents will be completed for the amount specified above; inclusive of all labor, materials, services, tools and equipment necessary to complete the required scope of services..: K, -Proposer. guarantees to complete the installation within ` calendar days from the Notice_ -f�'w to Proceed. Any delay in installation from this date may result, in liquidated damages being charged against the Proposer in the amount of $300/day.` In S .p pd ♦u :e M«,M Acceptance of Proposal: The .Proposer understands and agrees that the Owner reserves the right to accept or reject any or all proposals submitted within 90 calendar days from the date of the proposal opening. Pro oser agrees that it will not withdraw its proposal for said period of time. i Owner anticipates award of bid within thirty calendar days from bid opening. Time: Time is of the essence. The undersigned bidder agrees, that if awarded a contract, to execute an agreement within fourteen days and provide necessary insurance forms in the same time frame. Any exception to these conditions must be noted in your proposal. e Respectfully Submitted, Name of Firm f Authorized .Signatory Address Title Date Phone (Corporate Seal) Each. Proposal will be evaluated on the above criteria to arrive at the most responsive bidder to the plans, specifications and contract documents. Time is of the essence in this project and should be evaluated accordingly. Indian River County will accept or equal products to those specified; however, the metbod of installation• and termination are not negotiable. N BID BOND KNOW All MEN BY THESE PRESENTS, that we (hereinafter • called the "Principal") and (hereina e called "Surety", are held and firmly bound unto INDIAN RIVER COUNTY, Florida (hereinafter called "OWNER"), in the sum of Dollars($ for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, Y jointly and severally, firmly by these presents; and WHEREAS, the Principal contemplates submitting, or has submitted, a Bid to INDIAN RIVER, COUNTY, for furnishing certain labor, materials or equipment, and performance of the work covered in the Bid Form and in accordance with the Specifications; and WHEREAS, it was a condition precedent to the submission of said Bid that a certified check or Bid Bond in the amount of five (5) percent of the bid shall be submitted with said Bid as a guarantee that Bidder would, if awarded the contract, enter into a written contract with OWNER for the performance of said contract, within fifteen (15) consecutive calendar days after written notice having been given of the award of the contract; NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT if the Principal, within fifteen (15) consecutive calendar days after written notice of such acceptance, enters into a written contract with the OWNER and furnishes a Performance Bond in required form the full amount of the contract, if such Performance Bond is required, then this obligation shall be void; otherwise, the sum herein stated shall be due and payable to the OWNER and the Surety herein agrees to pay the said sum immediately upon demand of the OWNER in good and lawful money of the United States of America as liquidated damages for the failure thereof of said Principal. IN WITNESS WHEREOF, the said as Principal herein, has caused these presents to be signed in its name by its and attested by its under its corporate seal, and the said as Surety herein, has caused r under its corporate seal, this day of ,19 , A,D. 0 ATTEST: AS TO PRINCIPAL: TITLE: BY: TITLE 25 26 la _ ;,.'n a y.t 7 q' ya c"— - S+�_;[i Z<,A�. s - ✓" �'ai # a 1r..i .-.. ��� � �-41f�^a�x� ihF, s^7 �. � x��. A s ,.. , �•� ,c � � • �5 `*.7 � r '. #{� p#���'�� At ir 4r PERFORMANCE BOND KNOW All MEN BY THESE PRESENTS that - as Principal,` hereinafter called CONTRACTOR, and as surety, hereinafter called , Surety, are held and firmly bound unto INDIAN RIVER COUNTY, Florida, as Obligee, herein i after called OWNER, in the amount of Dollars ($ ), for the payment whereof CONTRACTOR and Surety bind themselves,. their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. -'�ti' WHEREAS, -the CONTRACTOR has by written agreement, date ,19 , entered into a t": c contract with OWNER .for -. � in accordance the specifications p �, preparedlby.the.OWNER,,hereinafter called the Contract. . , NOW THEREFORE, THE CONDITION OF THIS OBLIGATIOn is such, that if the principal: ► 1. ''Faithfully performs the contract at the times and in the manner prescribed in the'Contract; and - 2. Promptly makes payments to all ;persons, including claimants as defined in Section 255:05(1), Florida Statutes, supplying labor, materials And, equipment used directly or indirectly by ..,the said CONTRACTOR, CONTRACTORS, SUBCONTRACTOR or SUBCONTRACTORS in > the prosecution of the work provided for; in the contract; and :3:.-Satisfies all claims and demands incurred for the same and full indemnifies and saves"'. Y ha`rmless° the OWNER from' all ,losses, damages, expenses, costs and attorney's fees, including - appellate proceedings, which the OWNER suffers by reason of failure to do so and fully reimburses and repays the OWNER all outlay and expense which the OWNER may incur in ` F 'making good any such defect; and 4.L Performs the,guararitee of all wo :k and materials furnished under the contract for the 'time, specified in the Contract, then this obligation shall be null and void; otherwise it shall remain in° full force and effect.' ; z And provided that any alterations which may be made in the terms of the Contract or in the work to be done under it, or the giving by the OWNER of any 'extension of :time for the - performance of the Contract, or any other forbearance on ti 4 �.• a tet:. tom` _ J k J • r • d y 27 - AK t 's',Z :....�i' � � ,._ � ` :.•ii a � -T _ _ �" � .w' tom' "� � � —�� -- the part of either the OWNER or Principal to the other shall not in any way release the Principal and Surety or Sureties, or either or any of them, their heirs, executors, administrators, successors orassigl ,ns for their liability hereunder, notice to the Surety or Sureties, of any such alteration, execution or forbearance being hereby waived. SIGNED AND SEALED this- ____ ,, ,day of 19 in the presence of ATTEST: AS TO PRINCIPAL: TITLE BY:: TITLE: ATTEST: TITLE: AS TO SURETY: BY: TITLE: COUNTERSIGNED BY: NAME: TITLE: Resident Agent ADDRESS: Street City St Zip Code *Note: Post Office address of resident agent is not acceptable. This Bond shall be accompanied with Attorney -in -Fact's and Agent's authority from Surety. 28 19 t AGREEMENT THIS AGREEMENT, made and entered into this *_* day of * *, * *, `by and between * * E Vendor hereinafter called the CONTRACTOR, and INDIAN RIVER COUNTY herein called the' OWNER. WITNESSED: That whereas, the OWNER and the CONTRACTOR for the consideration hereinafter named, agree as set forth below: Article 1. ('Scope of Work) Y CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall furnish, for the sum amount of *$ * Dollars ($ ) all of the necessary labor, material, and equipment to perform the work described above in accordance with the Contract Documents. Article 2. Time of Completion: : " j Days from receipt of the Notice to Proceed. i Article 3. General: h The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to I understand fully the nature of the obligation herein made; and shall complete the.same the time „ limit specified herein in accordance with the plans and specifications. The OWNER and CONTRACTOR agree to maintain records, invoices, and payments for the i work. The CONTRACTOR shalt provide Performance Bonds for all work in this Agreement, ' All work under this Contract shall be done to the satisfaction of the OWNER, who shall in all .. cases determine the amount, quality, fitness, and acceptability of the several kinds of work and ," materials which are to be paid for thereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the CONTRACTOR, and his decision thereon shall be { final and conclusive; and such determination and decision, in case any question shall arise, shall be a condition precedent to the right of the CONTRACTOR to receive any money thereunder. Any clause or section of this contract or specification which may for any reason be declared :. 1. invalid, may be eliminated therefrom; and the intent of this contract and the remaining .portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein. �- Article 4. Quantities and Prices: The OWNER shall pay the CONTRACTOR for all work included and completed in accordance with this Contract, based on the items of work set forth in the CONTRACTOR'S Bid Form. 29 F° " Article S. Acceptance and Final Payment: When the work provided for under this contract has been completed, in accordance with the terms thereof, a final estimate showing the amount of such work shall be prepared by the CONTRACTOR, and filed with the OWNER within fifteen days after the date of completion. The final estimate shall be accompanied by a Certificate of Acceptance issued by the ENGINEER, stating that the work has been completed to his satisfaction, in compliance with the Contract. The Certificate of Acceptance shall not be issued until completed as -built drawings of the actual construction have been furnished to the OWNER and verified. All moneys expended by the OWNER according to the terms of this contract and thereunder chargeable to the CONTRACTOR, all moneys payable to the OWNER as liquidated damages, and all deductions provided by the Contract, state laws, or governing regulations shall be retained from the final payment. In accordance with the Florida Prompt Payment Act, after receipt of the ENGINEER'S final acceptance by the OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount of the ENGINEER'S final estimate. PAYMENT of the final estimate and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the CONTRACTOR in connection with this Contract. i z Article b. The Contract Documents: The General Conditions, Special Conditions, Specifications, .Bid Documents, Bonds, and the 1 Drawings, together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT the day and year ff first above written. (CONTRACTOR) Signed and Sealed by the CONTRACTOR in the presence of: Attest �y (Sem) INDIAN RIVER COUNTY (OWNER) By: _ _ Attest Fran Adams, Chairman Jeffrey K Barton, Clerk 30 kr 3 a ? ��ri ��� ��h..P d if � � N — b �� �h �°• SWORN STATEMENT UNDER SECTION S 287.133(3)(n), Florida STATUTES ON PUBLIC ENTITY CRIMES THISTORM MUST BE SIGNED�IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER yOFFICER �* -.. AUTHORIZED TO ADMINISTER OATHS. L 'Thi ssworn statement is submitted with.Bid, Proposal: for No 96080 for installation of Fiber t Optic Cable. 2. This sworn,statementis submitted by; ` whose business address,is ,.• _ _ _ _ .and (if applicable) its Federal Identification No.(FEIN) ,: 5 3 is < If entity has no °FEIN, include the Social Security Number of'the ; individual! signing this sworn statement: m , 3 My'name,is_ and my relationship to the entity named° ° � ; s .above,W" - 4 471 understandthat a'"public entity crime" as defined in ©- :.. ; - `Paragraph 287,133 (1)(g), Florida Statutes, means a violation of any state or federal law by a r 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 or contract for goods or services to be provided to any public entity or an agency or political subdivision of_ any other state or of the United" States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentations. r „f 5.a gI understand that" "convicted" or'"conviction" as defined in Paragraph 287.133(1)(b), Florida ',i, ,Statutes, finding,of -F ' ,, means'a guilt or a conviction of a public entity crime, with or without an t - " adjudication of gguuilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1,1989; as a.result of a jury.verdict, nmjury trial, or entry of 4,r .; • •t a lea of ilt or nolo contendere. P 8U•. Y - 6. 1 understand that an "affiliate"`as defined in Paragraph » + 287.M(1)(a), Florida Statutes, means: o a. A predecessor or successor of a person convicted of a public entity crime; or , _ b. An the is in J" ` entity under control of any natural person who active the management of the c entity and who has been convicted of a public entity crime• he term "affiliate" includes, those officers, directors, executives, partners, shareholders, employees, members and 5` ` agents who are active in the management of an affiliate. the Ownership by one _person of shares constituting -a controlling interest in another .person, or a pooling of equipment or income among persons when not for fair market value under an arm's lengt'hiagreement, shalltbe a prima facie case that one person ' C. controls another person. A erson who k i&Mfi enters into a oint venture with a person P P l31Y j • who has been convicted .of a public entity crime in Florida ",during the preceding 36 months AM shall be considered: an affiliate. 7. Punderstand thata "person" as defined in Paragraph 287.133(l)(c), Florida Statutes, means any natural person or entity organized under the laws of any '' state of.the-United States with the legal,power to enter into a binding contract and which bids or I -, ` applies to,bid on contracts for the provision of goods or services let'by a public entity, or which 4 _ i�y.: , � : • , • .. eta_ .�, `• .t ., 31- ,- otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. 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) 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 entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. . 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, or an affiliate of the entity has been charged with, and convicted of, a public entity crime subsequent to July 1, 1989, and (Please indicate which additional statement applies) There has been a proceeding concerning the conviction before a hearing officer of the State Flo o rida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list.(Please attach a copy of the final order) The person or affiliate was placed on the convicted vendor list. There has been a su Sequent proceeding before a hearing officer of the State of Florida, Division of Administrative Heanngs. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by, or pending with, the Department of General Services) Signature: Date: STATE OF County OF Personally appeared before me, the undersigned authority, who after first being sworn by me, affixed his/her signature in the space provided above on this day of 19 . Notary Public, State at large My Commission Expires: 32 . .. _ _. _ ....f...�, y .. ,. �. . ... . . .. . ... .�. ... ._.. __ �. •.e...� rye ,�..r�ay� p. . Ll BIDDER QUESTIONNAIRE Bidder is to provide the following information. If additional information is t submitted, it should be included as a separate attachment. { PLEASE PRINT OR TYPE: . Firm Name: f President/CEO i f Telephone: - Date: 9 4 Prior Performance: 1. Please list three (3) references for which you have performed this type of work or which the Countymay contact (include addresses and telephone numbers):- . s 1) Firm Phone # Contact r� 2) Firm Phone # Contact 3) Firm Phone # Contact 1 2. Please provide the names of the Foreman and Project Manager, with their years experience during this type work. 3, How many years has your organization been in business?._. years 4.. Have you ever failed to complete work awarded to you; if so, where and why? 33 IM ,-'nw��,......w...-�.:_�.....—J.�.�. - �—Tyr-Y.J-.-...---•--.�...w�---_r. ...-.mss-�.rr�--...... S. 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 is submitted with Bid, Proposal or Contract No. for 2. This sworn statement is submitted by: [name of entity submitting sworn statement] whose business address is: and (if applicable) its Federal Employer Identification Number e (FEIN) 1S: (If the entity has no FEIN, include the Social Security Number. oft the individual signing this sworn statement. ) 3. My name is [please print name of individual signing] and my relationship to the entity named above is 4. I understand that an "affiliate" as defined in Section 105.08, INDIAN RIVER COUNTY Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity, 5. I understand that the relationship with a County Commissioner or County employee that must be disclosed is as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, F 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. Al J ki 35 0 =in 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.] 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 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] [date] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of . 19_, by_-_, who is personally known to me or whoTas produced as identification NOTARY PUBLIC sign: print: State of Florida at large My Commission Expires: (Seal) 36 EXHIBIT A INSURANCEREQUIREMENTS 1.0 INSURANCE: 1.1 owners and SUBCONTRACTORS Insurance: The CONTRACTOR shall not commence work until he has obtained all the insurance required under this section, and until such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any SUBCONTRACTOR to commence work until the SUBCONTRACTOR has obtained the insurance required for a CONTRACTOR herein and such insurance has been approved unless the SUBCONTRACTOR'S work is covered by the protections afforded by the contractor's insurance. 1.2 Compensation Insurance: The CONTRACTOR shall procure and maintain worker's compensation insurance to the extent required by law for all his employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the CONTRACTOR shall .provide adequate coverage for the protection of such employees. 1.3 Public liability Insurance: The CONTRACTOR shall procure and shall maintain broad form comprehensive general liability insurance (including contractual coverage) and comprehensive automobile liability insurance in amounts not less than shown below. The OWNER shall be an additional named insured on this insurance with respect to all claims arising out of the operations or work to be performed. Comprehensive General $1,000,000 combined Public) liability single limit for (other than automobile) bodily injury and property damage A) Premises/,Operations B) Independent CONTRACTORS C) Products/Completed Operations D) Personal Injury E) Contractual liability F) Explosion, collapse and underground property damage Automobile, Bodily Injury $1,000,000 Combined and Damage liability single limit A) OWNER/leased Automobiles B) Non -Owned Automobiles C) Hired Automobiles 1.7.4 Proof of Carriage 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 Name Insured must accompany the Certificate of Insurance. 37 STATEMENT OF NO BID E I If you do not intend to bid on this requirement, please return this form immediately to: INDIAN RIVER COUNTY Purchasing Division 2625 lath Avenue Vero Beach, Florida 32960 1. We, the undersigned, have declined to bid on your L30-No.6080 for Installation of Fiber Optic Cable for the following reasons: j Specifications too "tight", i.e. geared toward one brand or manufacturer only. { Insufficient time to respond to the Invitation to Bid We do not offer this product or service i Our schedule would not .permit us to perform Unable to meet specifications Unable to meet Bond requirement Specifications unclear (explain below) Unable to meet Insurance requirements Remove us from your "Bidders list" altogether Other (specify) REMARKS: We understand that if this Statement of No Bid is not executed and returned, our name may be deleted from your Bidders list for this commodity. Company Name: Signature: Telephone: Date: 39 SEMON I. Routing Directions 8 3 8 CONSULTING GROUP, INC. SM Attenuation ®1310nm (dB/km) 0.5 ' PRECISION CONTRACTING SERVICES INC. Splice Loss Budget (dB/Term) 0.5 INDIAN RIVER COUNTY FIBER OPTIC NETWORK (FONET) Conversion of LF to km 3,260 �Emergency Servk s Communfcatkxf Backbone Est .r Type of # of Atten a ROUTE DESCRIPTION Fackv Distance Splices /Runt 1.00 North Tower to Hobart ower 6.89 1.01 North Tower Building penetration to adjacent PB 2' PVC 50 1 1.02 Adjacent PB to NW corner of property line at Bailey/Schuman (UP) 2" PVC UP 1,100 0 1.03 NW corner Balley/5chuman southbound on west side of Schuman to 2" PVC 11,650 0 SW corner of Barber/Schuman 1,04 SW comer of Barber/Schuman southbound on Westside of Schuman to D. Bury 4.300 1 3.61 NW comer of Wabasso/Schuman 17,100 2 3.61 1.05 NW corner of Waba"WSchwmen to SW corner of Wabasso /Schuman 4' Bore PVC 50 0 1.06 SW oomer of Wabaaso/Schuman southbound on westside of Schuman to D. Bury 5.560 Q Q $6 NW comer of HobarVSchuman 6,630 0 0.88 1.07 NW comer of Hobart/Schuman to NE corner of Hobart /Schuman 4' Bore PVC 50 0 1.08 NE corner of Hobart/Schuman eastbound on northside of Schuman to D. Bury 5.450 1 134 NW comer of Hobart/Kings Hwy 6,500 1 1.34 1.09 NW corner of Hobad/Kings to NE comer of Hobart /Kings 4' Bore PVC 50 0 1.10 NE corner of Hobart/Kinga northbound on eastside of Kings to 4w/1 1/4 1,090 0 NW comer of County Tow axes road 1.11 NW comer of County Tower axes road eastbound along north side of 4w/1 1/4�Q 1 1 QQ access road to Tower Facility 3,770 1 1.06 2.00 Hobart Towel to IRCo Sheriff Office 37,600 2 4.16 2.01 Hobart Tower back to NW corner of Hobarth(ings Dual Run 3,770 2.02 NW comer of HobwM(inga to SW comer of Hobart/Kings, 4' Bore PVC 50 1 2.03 SW corner of HobarWtngs southbound on wast side of Kings to 0. Bury 22.260 Q 4.47 NW corner of Gi ford/Klrvds Hwy 26,030 1 4x17 2.04 NW corner of Gifford/Kings to NE comer of Gifford/Kings 4' Bore PVC 50 0 2.05 NE comer of Gifford/Kings eastbound on r*dhside of Gifford to D. Bury Lim Q M. NE side of Gifford C corner of IRCo S.O. Property Line 6,360 0 0.97 2.06 NE side of Gifford ® comer of IRCo S.O. Property Line to SE side 4" Bore PVC 50 0 2.07 SE side of Gifford C comer of IRCo S.O. Property Line into Facility 4w/1 1/4 1.400 1 Q j� IAN 1 0.72 3.00 IRCo Sheriff Office to IRCo Admin Existing 28,679 6 7AO 3.01 IRCo Sheriff Office to IRCo Jail Exlsting 1,642 2 1.25 3.02 IRCo Jail to IRCo Admin Exlstfig 22,764 2 4,47 3.03 IRCo Admin to Courthouse ExIdIng 4,473 2 L-0 4.00 1 o Admin to ower Site 24.820 4.01 North side of IRCo Admin SPLICE to City owned FO Plant Existing 21,120 6 6.22 4.02 Eastelde of US 10 12th Street SPLICE to City owned FO Plant Exlstlrq 0 0 4.03 Eastside of US 1 ® 12th Street to westside of US1 in abandon City Sy C of VB 100 0 Water Mein Pipe under RR 4.04 Westside of US 1 ® 12th Street westbound on northskk of 12th ST to By C of VB 1,300 0 NE comer or 12th/Old Diode 4.05 NE comer or 12U/Old Dbde northbound on eastside of Old Dbde to By C of VB 1,200 0 South side of Access road ROW ® PB placed by Tower contractor 4.06 Old Dbde PB into Tower Facility By C of VB11`QQ 2 7.79 24,820 8 7.79 Total LF of Cable, SP 6OF 66,M Total LF of Cable, SM 12F 3,700 NEW PROJECT ESTIMATED TOTALS 69,630 14 14.62 errrabon rt Confractor 2.00 Attenuation *2.00 Hobart - Sheriff Office Cordractor 37,600 2 6.16 3.00 MSTING Anenualbn #3.00 Sheriff Office - IRCo Admin Existing 28,878 6 7.40 4.00 NEW Attenuation 94.00IRCo Admin - South By C of VB 3,700 2 1.57 4.01 EXISTING Attenuation of City Cable By C of VS 21,120 6 6.22 PROJECT TOTALS (End to End) 123,299 20 28.74 40 at: