HomeMy WebLinkAbout2006-115-y-0
BOARD OF COUNTY COMMISSIONERS �� X 400)
f
aFLORIOP�
February 8, 2006 VIA OVERI
Mr. Herman Summerlin, Sr.
Summerlin Seven Seas, Inc. FE8 IJ 5 2606
200 Naco Rd. #C J ,� I
Ft. Pierce, FL 34946 --- 1
NOTICE OF AWARD Ca,P1Ti�L PF,'�.lECTS
Reference: Indian River County Bid # 7057 Raising Footbridge @ Round Island Park
Dear Mr. Summerlin,
I am pleased to inform you that on February 7, 2006, the Board of County Commissioners awarded the above
referenced project to your company. The following documents are required before the applicable County
department can issue a "Notice to Proceed" letter.
1. Performance Bond in the amount of 125% of the contract amount. ($53,000.00)
2. Payment Bond in the amount of 100% of the contract amount. ($42,400.00)
3. Certificate of Insurance, must name Indian River County as an additional insured and must provide for
a 30 day Notice of Cancellation.
In accordance with section 255.05(1)(a), Florida Statutes, you are required to execute a Performance Bond and
a Payment Bond for the above referenced project. Please submit the Bonds and the Certificate of Insurance to
the address provided below to this office no later than February 22, 2006. Failure to comply with the
established deadline for submittal of required documents may be grounds for cancellation of the award.
In addition, enclosed are two copies of the Agreement. Please execute both copies and return them together
with the required bonds and Certificate of Insurance to me.
Thank you for your prompt attention and if you have any questions, please do not hesitate to contact our office.
S
Purchasing Manager
General Services Department Purchasing Division
184025 111 Street, Vero Beach, Florida 32960•(772) 567-8000 Ext. 1416•Fax: (772) 770-5140
E-mail: purchasing @ircgov.com
CONTRACT DOCUMENTS AND
SPECIFICATIONS FOR
RAISING ELEVATION OF THE FOOTBRIDGE
AT ROUND ISLAND PARK
BID NO, 7057
PREPARED FOR
THE BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
THOMAS S. LOWTHER, CHAIRMAN
ARTHUR R. NEUBERGER, VICE CHAIRMAN
WESLEY S. DAVIS, COMMISSIONER
GARY C. WHEELER, COMMISSIONER
SANDRA L. BOWDEN, COMMISSIONER
JOSEPH A. BAIRD, COUNTY ADMINISTRATOR
JEFFREY K. BARTON, CLERK OF COURT
WILLIAM G. COLLINS II, ESQ., COUNTY ATTORNEY
TERRY B. THOMPSON, P.E., CAPITAL PROJECTS MANAGER
00001 Cover Sheet.doc
00001-1
F 1Pablic Works\Capital Projecls\Round Island Footbridge\CONTRACT BOOK\00001 Cover Sheet doc Rev. 05101
INDIAN R/VER COUNTY
PURCHASING D/VISION
252557. LUCIEAVENUE
VERoBEAcHFL 32960
(772) 567-8000 EXT 1416 FAX(772)770-5140
INVITATION TO BID
PROJECT NAME: RAISING ELEVATION OF THE FOOTBRIDGE AT
ROUND ISLAND PARK
BID NUMBER: 7057
BID BOND REQUIRED: YES (IF BID EXCEEDS $25,000)
PERFORMANCE BOND REQUIRED: YES (IF BID EXCEEDS $25,000)
PAYMENT BOND REQUIRED:
PRE BID MEETING:
REFER TECHNICAL QUESTIONS TO:
TERRY THOMPSON
TELEPHONE: (772) 226-1282
E-MAIL: tthompson(jcircgov.com
YES (IF BID EXCEEDS $25,000)
NO
FAX: (772) 226-1988
REFER GENERAL TERMS & CONDITIONS QUESTIONS TO:
JERRY DAVIS, PURCHASING MANAGER
TELEPHONE: (772) 226-1416 FAX: (772) 770-5140
E-MAIL: purchasing c ircPov.com
ALL BIDS MUST BE RECEIVED IN THE PURCHASING DIVISION LOCATED
AT 2525 ST. LUCIE AVENUE, VERO BEACH, FLORIDA 32960 PRIOR TO THE
DATE AND TIME SHOWN ABOVE. LATE BIDS WILL BE RETURNED
UNOPENED.
Page 1 of 41
BID
OPENING
DATE:
SEPTEMBER 149 2005
BID
OPENING
TIME:
2:00 P.M.
ALL BIDS MUST BE RECEIVED IN THE PURCHASING DIVISION LOCATED
AT 2525 ST. LUCIE AVENUE, VERO BEACH, FLORIDA 32960 PRIOR TO THE
DATE AND TIME SHOWN ABOVE. LATE BIDS WILL BE RETURNED
UNOPENED.
Page 1 of 41
TABLE OF CONTENTS
Table of Contents
------------------------------------- page 2
Advertisement for Bid
page 3
Instructions to Bidders-------------------------...------------------------------------------
---------------- - pages 4-10
Special Provisions--- ---------------------------------------------------------------------------------------------------
Pages 11-12
Technical Provisions
pages 13-17
Bid Form
pages 18-19
Bid Bond
pages 20-23
Affidavit of Compliance
page 24
Statement of Disclosure of Relationships ----------------------------------
------- ---- ----------- ----- ----- pages 25-26
BidderQuestionnaire---------------------------------- - -------------
... -- ...-------------------------------- Page 27
Statement of No Bid
--------------------- page 28
BidCheck List----------------------------------------------------------------------------------------------------------------
page 29
Agreement---------------------------------------------------------------------------------------------
--------- --------------- Pages 30-31
Performance Bond
pages 32-35
PaymentBond----------------------------------------------------------------------------------------------
--------------- Pages 36-40
Exhibit A — Insurance Requirements_
page 41
Page 2 of 41
ADVERTISEMENT FOR BID
Notice is hereby given that the Indian River County Board of County Commissioners is
calling for and requesting bids for the following:
Indian River County Bid # 7057
RAISING ELEVATION OF THE FOOTBRIDGE AT ROUND ISLAND PARK
Indian River County is accepting sealed bids to raise the elevation of the footbridge to No
Name Island at Round Island Park. Round Island Park is located on the west side of A 1 Al
'/4 mile north of the Indian River County/St. Lucie County Line.
Detailed plans and specifications for the above referenced bid are available from Capital
Projects Division, 2nd Floor County Administration Building, 1840 25`h Street, Vero
Beach, Florida 32960, (772) 226-1384. Contract Documents may be obtained by deposit
of cash or check made payable to Indian River County, in the amount of $20.00 for each
set, which represents cost of printing, and handling and which is non refundable.
Deadline for receipt of bids has been set for 2:00 P.M. on September 14, 2005. Only bids
received on or before the time and date listed will be considered. Bids mailed in should be
addressed to Purchasing Division, 1840 25`h Street, Vero Beach, Florida 32960. Bid hand
delivered should be delivered to 2525 St. Lucie Avenue, Vero Beach, Fl. 32960. All bids
will be opened publicly and read aloud at 2:00 PM. All bids received after 2:00 PM, of the
day specified above, will be returned unopened.
The Board of County Commissioners reserves the right to accept or reject any and all bids
in whole or in part and to waive all informalities.
PURCHASING MANAGER
INDIAN RIVER COUNTY
Publish: Ausust 17, 2005 and August 24, 2005
For Publication in the Press Journal
Please furnish Tear Sheet, Affidavit of Publication, and Invoice to:
Indian River County
Purchasing Division
1840 25th St.
Vero Beach, Fl 32960
Page 3 of 41
INDIAN RIVER COUNTY
INSTRUCTIONS TO BIDDERS
GENERAL TERMS AND CONDITIONS
Sealed Bids and Envelope Markings: All bids shall be submitted in a sealed envelope. The outside of the
envelope shall be clearly marked with the Sealed Bid #, Title of the Bid, Date of the Bid opening, and
Time of the Bid Opening.
Opening Location: It will be the sole responsibility of the bidder to deliver personally or mail their
proposal to the office of the Indian River County Purchasing Division, 2525 St. Lucie Avenue, Vero
Beach FL 32960, on or before the closing hour and date shown for receipt of bids. Bids received in
person or by mail after the stated time and date will not be considered.
Bid Submission: All proposals must be signed with the legal Firm name and by an Officer or employee
having authority to bind the company or firm by his / her signature. Proposals shall be submitted on forms
provided by Indian River County. Bids not submitted on the attached form shall be rejected. An original
bid and one copy shall be submitted unless otherwise instructed. Should one desire to submit two separate
bids, photocopy the bid form provided and submit on the reproduce form.
Withdrawal of Bids: Bids may be amended or withdrawn only by written notice prior to the bid opening.
Amendments must be sealed. Amendments or withdrawals received after the bid opening will not be
effective, and the original bid submitted will be considered.
Delivery Requirements: Delivery is "FOB Destination" unless delivery terms are specified otherwise in
the Order. If County agrees in writing to reimburse Seller for transportation costs, County shall have the
right to designate the method of shipment. In either case, the title and all risk of loss of the goods shall
remain with the Seller until the goods received and accepted by the County. Rejected materials will be
returned to Seller at the Seller's risk and expense.
Price and Discount Requirements: Quote net prices after deducting trade discounts. All discounts must
be incorporated in the prices contained in the bid, and not shown separately. Invoices submitted must
agree with the prices formally bid.
Taxes: Indian River County is exempt from any taxes imposed by State and / or Federal Government.
Exemption Certificates, if required, are to be furnished by the successful bidder and will be filled out by
the County.
Delivery and Completion: Dates: Indicate delivery and completion dates. This may be a determining
factor in the award of the bid. The County may at its option, grant additional time for any delay or failure
to perform hereunder if the delay will not adversely affect the best interests of the County and is due to
causes beyond the control of the Seller. Such grant must be in writing and made part of the Order.
Irrevocable Offer: Bidder warrants by virtue of bidding that the prices quoted in this bid shall remain
firm and be considered an irrevocable offer for a period of sixty (60) days, during which time one or more
of the bids received may be accepted by Indian River County.
Page 4 of 41
Assignment/Delegation: No right, obligation or interest in the Order shall be assigned or delegated by
the Seller without prior written consent of the County, without prejudice to County's other rights and
remedies.
Consideration of Bids: Telegraphic, telephonic, or faxed bids will not be considered.
Quality Guarantee: All equipment or material shall be fully guaranteed by the bidder against factory
defects. Any defects which may occur as a result of either faulty material or workmanship within the
period of Manufacturer standard warranty will be corrected without expense to Indian River County.
Should the product not be properly correctable, the successful bidder may be required to either replace the
defective unit, or pick up the defective unit and refund any and all money that has been paid for the
product. If in the County's judgment, the product reflects unsatisfactory workmanship or manufacturing,
or if the product(s) is damaged in shipment, the County reserves the right to reject such items when they
are presented for delivery. The supplier will be responsible for attorney fees in the event the supplier
defaults and court action is required.
New Merchandise: All equipment and materials must be new and unused, and provided with title and
warranty papers when applicable. This provision excludes surplus and used products.
Indemnification: The successful bidder shall agree to indemnify and save harmless Indian River County,
its agents and employees, from and against all claims, suits, actions, damages, causes, or action or
judgments arising out of the terms of the resulting agreement for any personal injury, loss of life, or
damage to property sustained as a result of the performance or non-performance of services or delivery of
goods, from and against any orders, judgments, or decrees, which may be entered against the County, its
agents or employees; and from and against all costs, attorney's fees, expenses, and other liabilities
incurred in the defense of any such claim, suit, or action, and the investigation thereof. Nothing in the
award, resulting agreement, contract or Purchase Order shall be deemed to affect the rights, privileges,
and immunities of the County as set forth in Florida Statute Section 768.28.
Royalties and Patents: The successful bidder shall pay all royalties and license fees for the equipment or
processes in conjunction with the equipment their furnishing. Further, the bidder shall defend at their
expense all suits, actions, or judgments alleging infringement on any United States Patent by reason of the
use or resale of any piece of material furnished user and will save the County harmless from all expense
of defending said suits and from all payments which may be assessed against the purchaser on account of
such infringement.
Public Access: The Seller shall allow public access to all documents and materials in accordance with the
provisions of Chapter 119, Florida Statutes. Should the Seller assert any exemptions to the requirements
of Chapter 119, Florida Statutes, and related statutes, the burden of establishing such exemption, by the
way of injunctive or other relief as provided by law, shall be upon the Seller.
Records/Audit: The Seller shall maintain books, records and documents pertinent to performance under
this Order in accordance with generally accepted accounting principles consistently applied. The County
shall have inspection and audit rights to such records for audit purposes during the term of the contract
and for three years following the termination of obligations hereunder. Records which relate to any
litigation, appeals or settlements of claims arising from performance under this Order shall be made
available until a final disposition has been made of such litigation, appeals, or claims.
Page 5 of 41
Acceptance: Receipt of an item shall not be an indication that the items are acceptable. Final acceptance
and authorization of payment shall be given after a thorough inspection indicates that the item is delivered
in accordance with the Bid Specifications. Suppliers are advised that in the event the delivered item does
not meet specifications, payment will be withheld until such time the supplier takes necessary corrective
action.
Descriptive Information: Descriptive literature including Specifications must accompany your bid.
Manufacturer's name and model numbers are used herein solely for the purpose of establishing a standard
of design, quality, and used of the merchandise required. Products of other manufacturers will be
acceptable if they meet or exceed established standards with the exception of those items specified "NO
SUBSTITUTION".
Variations to Specifications: For purposes of evaluation, Bidder must indicate any variances from the
specifications and/or conditions on the form provided with this Invitation to Bid. Otherwise, it will be
assumed that the product or service fully complies with the specifications. Items specifically described as
alternates shall be reviewed as an alternative bid to be considered by the County, in lieu of the primarily
specified item(s). However, item(s) varying from the published specifications shall be considered
substitutes, and the County reserves the right to consider or not to consider substitute bids. Substitutes
shall be subject to disqualification if the County does not approve the substitution.
Interpretations: No oral interpretations will be made to any Bidder as to the meaning of the
Specifications. Every request for such an interpretation shall be made in writing, addressed and forwarded
to Indian River County, ten (10) or more days before the date fixed for opening of the bids. The County
shall not be responsible for oral interpretations given by any County employee. Every interpretation made
to bidder will be in the form of an Addendum to the specifications, which if issued, will be sent promptly
as is practical to all persons to whom specifications have been issued. All such Addenda shall become part
of the specifications. Further, it shall be the responsibility of each bidder, prior to submitting their bid, to
contact Indian River County's Purchasing Division at (772) 567-8000 ext 1416 to determine if addenda
were issued and to make such addenda a part of their bid.
Default Provision: In case of default by the Bidder, Indian River County may procure the articles or
services from other sources and hold the Bidder responsible for excess incurred thereby, and may take
such action, as it deems appropriate, including legal action for Damages or Specific Performance.
Manufacturer's Certification: Indian River County reserves the right to request from the Bidder a
separate manufacturer's certification of all statements made in the proposal.
Signed Bid Considered an
Offer: This signed bid shall be
considered an
offer on the part of the Bidder.
Indian River County Board
of County Commissioners shall
deem the offer
accepted upon approval.
Non Collusion: By signing and submitting the Bid Form, the Bidder certifies that,
• This bid has been arrived at by the bidder independently and has been submitted without
collusion, and without any agreement, understanding, or planned common course, or action with,
any vendor of materials, supplies, equipment, or services described in the invitation to bid,
designed to limit independent bidding or competition, and
Page 6 of 41
• The contents of the bid have not been communicated by the bidder or its employees or agents to
any person not an employee or an agent of the bidder or its surety on any bond furnished with the
bid, and will not be communicated to any such person prior to the official opening of the bid.
• No attempt has
been made
or will
be made by
the bidder to
induce any other
person(s)
or firm(s)
to submit or not
to submit a
bid for
the purpose
of restricting
competition.
Public Entity Crimes: Pursuant to Florida Statutes Section 287.133(2)(a), all Bidders are hereby notified
that a person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services
to a public entity (defined as the State of Florida, any of its departments or agencies, or any political
subdivision); may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies on
leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact business with
any public entity in excess of the threshold amount provided in Florida Statutes Section 287.017 for
CATEGORY TWO [currently $25,000] for a period of 36 months from the date of being placed on the
convicted vendor list. A "public entity crime" means a violation of any state or federal law by a person
with respect to and directly related to the transaction of business with any public entity or with an agency
or political subdivision of any other state or with the United States, including, but not limited to, any bid,
proposal, reply, or contract for goods or services, any lease for real property, or any contract for the
construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery,
collusion, racketeering, conspiracy, or material misrepresentation.
Regulations: It shall
be the responsibility of the bidder to
assure compliance with
any OSHA, EPA
and/or other Federal
or State of Florida rules, regulations,
or other requirements, as
each may apply.
Applicable Law and Venue: This Order and all rights and duties of the parties hereto shall be governed
by the laws of the State of Florida, including but not limited to the provisions of the Florida Uniform
Commercial Code Chapters 671-679 F.S., for any terms and conditions not specifically stated in this
Order.
Conflict of Interest: Any entity submitting a bid or proposal or entering into a contract with the County
shall disclose any relationship that may exist between the contracting entity and a County Commissioner
or a County Employee. The relationship with a County Commissioner or a County Employee that must be
disclosed is as follows: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew,
niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-
law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister,
grandparent, or grandchild. The term "affiliate" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in the management of the entity. The
disclosure of relationships shall be a sworn statement made on a County approved form. Failure to submit
the form may be cause for rejection of the bid.
Cancellation: It is the intention of
Indian River County to
purchase material and
/ or services from
sources of supply that will provide
prompt and convenient
shipment and service.
Any failure of the
supplier to satisfy the requirements of the County shall be reason for termination of the
award.
Page 7 of 41
Errors: When an error is made in the bid extension of generating total bid prices or in any other process
of completing the bid, the original unit prices submitted will govern. Carelessness in quoting prices, or in
preparation of the bid otherwise, will not relieve the bidder.
Bid Rejection: Failure to comply with all the above instructions may result in rejection of the bid.
Bid Protest: Any actual or prospective bidder who is aggrieved in connection with the solicitation or
proposed award of a contract may protest to the Purchasing Manger. The protest shall be submitted in
writing within seven (7) calendar days after such aggrieved person knows or should have known the facts
rise thereto. If the protest is not resolved by mutual agreement, the Purchasing Manager shall promptly
issue a decision in writing, after consulting the Department and the Office of the County Attorney.
Co -Operative Purchasing: It is the intent of the Invitation of Bid to secure goods or services to be used
by Indian River County. However, by virtue of bidding, the bidder accepts the right of other Florida
Governmental agencies to purchase from this bid proposal. The successful bidder and the requesting
Governmental agency, apart from Indian River County, shall handle any such purchases separately.
Further, Indian River County assumes no liability for materials or services ordered by any other
Governmental agency by virtue of this bid. (Bidders that find this condition unsatisfactory should indicate
this by showing exception on the Bid Form.)
Awards: The County reserves the right to make award(s) by individual item, aggregate or none, or a
combination thereof; with one or more suppliers; to cancel the bid, reject any and all bids or waive any
minor irregularity or technicality in bids received. When it is determined there is no competition to the
lowest responsive bidder, evaluation of other bids is not required. Bidders are cautioned to make no
assumptions unless their bid has been evaluated as being responsive. The County reserves the right to not
make any award(s) under this bid.
Criteria for Award:
A. Compliance to the specifications
B. Delivery
C. Warranty and Service Location
D. Cost
E. Public Entity Crime Form
F. Disclosure Statement
Termination by the County: The County reserves the right to terminate a contract by giving thirty (30)
days notice, in writing, of the intention to terminate, if at any time the contractor fails to abide by or fulfill
any of the terms and conditions of the contract. The County also reserves the right to terminate this
contract for convenience of the County and / or with or without cause.
Compliance with Laws and Regulations: Bidder agrees that they will comply with all Federal, State, and
Local Laws and Regulations applicable to the production, sale, and delivery of the goods or the furnishing
of any labor or services called for by this order, and any provisions required thereby to be included herein
shall be deemed to be incorporated herein by reference. Noncompliance may be considered grounds for
termination of contracts.
Page 8 of 41
• Public Record Law: Correspondence, materials, and documents received pursuant to this
Invitation for Bid become public records subject to the provisions of Chapter 119, Florida
Statutes.
• Safety Standards: Unless otherwise stipulated in the bid, all manufactured items and fabricated
assemblies shall comply with applicable requirements of the Federal Occupational Safety and
Hazards Act (OSHA), American National Standards Institute Safety Standards, and any Florida
standards there under.
• Material
Safety
Data Sheets: In accordance with Chapter 442, Florida Statutes, it is the seller's
duty to
advise
Indian River County
if a product is a listed toxic substance and to provide a
Material
Safety
Data Sheet (MSDS) at
the time of delivery.
Insurance:
• Owners and Subcontractors Insurance: The contractor shall not commence work until they have
obtained all the insurance required under this section, and until such insurance has been approved
by the owner, nor shall the contractor allow any subcontractor to commence work until the
subcontractor has obtained the insurance required for a contractor herein and such insurance has
been approved unless the subcontractor's work us covered by the protections afforded by the
contractor's insurance.
• Worker's Compensation Insurance: The contractor shall procure and maintain worker's
compensation insurance to the extent required by law for all their employees to be engaged in
work under this contract. In case any employees are to be engaged in hazardous work under this
contract and are not protected under the worker's compensation statute, the contractor shall
provide adequate coverage for the protection of such employees.
• Public Liability Insurance: The contractor shall procure and maintain broad form commercial
general liability insurance (including contractual coverage) and commercial automobile liability
insurance in amounts not less than shown below. The owner shall be an additional named insured
on this insurance on this insurance with respect to all claims arising out of the operations or work
to be performed.
Commercial General
COMMERCIAL GENERAL (PUBLIC) LIABILITY, A. Premises / Operations
OTHER THAN AUTOMOBILE B. Independent Contractors
C. Products / Completed Operations
$1,000,000.00 COMBINED SINGLE LIMIT FOR D. Personal Injury
BODILY INJURY AND PROPERTY DAMAGE E. Contractual Liability
F. Explosion, Collapses, and Underground Property Damage
AUTOMOBILE
A. Owner Leased Automobiles
$1,000,000.00 COMBINED SINGLE LIMIT BODILY B. Non -Owned Automobiles
INJURY AND DAMAGE LIABILITY C. Hire Automobiles
• 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
Page 9 of 41
prior to cancellation or material change in coverage. Copies of an endorsement -naming owner as
Additional Name Insured must accompany the Certificate of Insurance.
• Builder's Risk Insurance: The contractor shall procure and shall maintain builder's risk insurance
("all risk") with limits equal to one hundred percent (100%) of the completed vale of the
structure(s), building(s), or addition(s). It shall include a Waiver of Occupancy Endorsement to
enable the County to contract calls for the installation of machinery or equipment, the policy must
be endorsed to provide coverage during transit and installation. The maximum deductible
allowable under this coverage is $500.00 per claim.
Indian River County reserves the right to accept or reject any or all bids in whole or in part and
waive all formalities.
Note: Any and all special conditions attached hereto, which may vary from these General Conditions,
shall have precedence.
END OF GENERAL TERMS & CONDITIONS
Page 10 of 41
SPECIAL PROVISIONS
The County reserves the right to make such investigations as it may deem necessary to establish the
competency and financial ability of any bidder to perform the work. If, after the investigation, the
evidence of competency and financial ability is not satisfactory, the County reserves the right to reject the
bid. Successful bidder is required to provide a Certificate of Competency to do work in Indian River
County.
EXAMINATION OF THE SITE
The footbridge is located at Round Island Park on the west side of AlA, '/ mile north of the Indian
River County/ St. Lucie County Line
Before submitting this bid, the bidder shall visit the job site in order to ascertain the prevailing local
conditions, which may affect the work to be done.
Arrangements to visit the work site may be made by contacting Jim Romanek, Parks Manager
Phone: (772) 589-9223.
No payment for additional work or materials shall be made upon any claim of changed conditions(s) if
such condition(s) could have been reasonably foreseen upon diligent examination of the site prior to
submission of the bid.
CONTRACT PRICE
The County shall pay the CONTRACTOR the lump sum amount for the work at the price(s) stated on the
bid form upon completion and final acceptance by the County. No additional payment shall be made to
the CONTRACTOR except for additional work or materials as stated on a valid change order issued by
the County prior to the performance of the work or delivery of materials.
Final Payment Acceptance: The acceptance by the CONTRACTOR of final payment due on termination
of this contract shall constitute a full and complete release of the County from any and all claims,
demands and causes of action whatsoever which the CONTRACTOR, its successors or assigns have or
may have against the County under the provisions of this contract.
COOPERATION/COORDINATION
The OWNER and its authorized representatives shall be permitted free access and every reasonable
facility for the inspection of all work and materials.
Work
by OWNER: The County hereby reserves the
right
to perform activities in the area where work is
being
done under this contract with its own forces.
to work within the area,
which is the site of the
Work by Other
CONTRACTORS:
The County hereby
reserves the
right to permit other
CONTRACTORS
to work within the area,
which is the site of the
work under the
contract.
Page 11 of 41
Coordination: 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.
COMMENCEMENT OF WORK
The work shall commence immediately upon receipt of a Notice to Proceed.
Defective Work And Materials.
All materials furnished or work done, when not in accordance with the intent of these
Specifications, shall be rejected and shall be removed immediately and replaced by suitable and
satisfactory work and materials. Failure to reject any defective work or materials will not prevent
later rejection when such a defect is discovered and shall not relieve the CONTRACTOR of his
obligation to fulfill his contract even though such work and materials have been previously
inspected by the OWNER and accepted; it shall not obligate the OWNER to final acceptance nor
shall it prevent the OWNER in any time subsequent from recovering damages from work actually
shown to be defective within a one (1) year period after the final acceptance.
If the CONTRACTOR fails to remove any defective work or materials, the OWNER shall have the
right to stop work and remedy the cause at the expense of the CONTRACTOR.
If the OWNER deems it expedient to accept minor imperfect work, the OWNER shall have the
right to retain such work and an equitable deduction shall be made in the Contract price.
Damage to the Work. Until final acceptance of the work by the OWNER, it shall be under the charge and
care of the CONTRACTOR and he shall take every necessary precaution against injury or damage to the
work by the action of the elements, or from any other cause whatsoever. The CONTRACTOR shall
rebuild, repair, restore and make good, at his own expense, damages to any portion of the work before its
completion and acceptance.
Final Cleanup. Before the work is considered complete, at 1 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. AI I property, public or private, disturbed or damaged, during the execution of the work shall
be restored to its former condition. Final payment will be withheld until such work is accomplished.
SAFETY AND PROTECTION
Safety. The CONTRACTOR shall furnish and install all necessary equipment and facilities for the
protection of the workers and the safety of the public and shall carry on this work in a manner best
calculated to avoid injury to the public or to the workers.
Protection of Adjacent Property and Utilities: The CONTRACTOR shall conduct his work in such a
manner as to avoid damage to adjacent private or public property and shall immediately repair or pay for
any damage incurred through his operations. 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.
END SPECIAL PROVISIONS
Page 12 of 41
INDIAN RIVER COUNTY
RAISING ELEVATION OF THE FOOT BRIDGE
ROUND ISLAND PARK
TECHNICAL PROVISIONS
SECTION TITLE
General Requirements
• Scope of Work
• Photographs
• Permits
• Protection of Public
Site Work
Clearing and Grubbing
Earthwork
Metals
• Fasteners
Wood
• Lumber
• Timber Marine Piling
• Decking
Page 13 of 41
PAGE NUMBER
14
15
16
I
DIVISION 1 — GENERAL REQUIREMENTS
Section IA - Scope of Work
The project consists of furnishing all labor, materials, equipment, and services necessary to raise existing
footbridge, as shown on the drawings and described in these specifications. Scope includes, but not
limited to the following:
• Stabilize and regrade site at ends of footbridge.
• Remove existing railing, decking, stringers and crossbeams.
• Raise cross beams a minimum of 3'-4" measured from their original position.
• Reinstall cross beams, stringers and decking.
• Install new railing supports and new railing.
• Set horizontal members with crown edge up.
• Do not cut or notch structural members.
Section 1B - Photographs
CONTRACTOR shall take photographs of all work areas prior to construction and all unusual
conditions during construction.
Section 1 C - Permits
The OWNER has applied for the Indian River County Building Department Permit and paid for
applicable fees. The CONTRACTOR shall show proof of required, insurance and pull permit from
the County Building Department.
Section 1D - Protection of Public
CONTRACTOR shall erect and maintain sufficient safeguards around all excavations,
embankments or obstructions to protect the public from work area hazards.
Page 14 of 41
DIVISION 2 - SITE WORK
Section 2A — Clearing & Grubbing
Work Included:
a. Clear and grub site at ends of footbridge.
2. Specification reference:
The work specified in this Section shall conform to Section 110 of the Florida Department of
Transportation standard Specifications for Road and Bridge Construction, latest edition
except as modified herein.
Execution:
a. Trim back trees and brush from construction area except trees and brush designated to
remain. Grub all stumps, brush and roots from site except areas to remain undisturbed.
b. Remove from site all debris resulting from demolition and removal operation as it
accumulates.
c. Backfill holes resulting from clearing operations.
d. Grade areas affected by clearing and grubbing and leave level maintaining grades and
contours of site.
e. Demolished materials shall not be used as backfill in holes or in any other areas within site.
Cleared materials shall be disposed of by Contractor at his own expense.
f Provide, erect and maintain barriers, lights and other devices as required to protect general
public, workers and adjoining property in accordance with General Conditions.
g. Cost of all work under this Section shall be included in the lump sum price for clearing and
grubbing.
Section 2B — Earthwork
1. Work Included:
a. Site grading
b. Excavation and backfill
2. Specification Reference:
The work specified in this section shall conform to Section 120 of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction, latest edition,
except as modified herein.
3. Bring finished grade to a smooth and compact surface, ready to receive
footbridge, fishing pier and observation.
4. The cost of all earthwork shall be included in the lump sum price for
footbridge, construction.
Page 15 of 41
DIVISION 3 - METALS
Section 3A — Fasteners
All bolts shall conform to ASTM A307
2. All bolts, connections and other miscellaneous fasteners shall be type 316 stainless steel.
3. Decking shall be fastened with 3" stainless steel deck screws.
Page 16 of 41
DIVISION 4 — WOOD
Section 4A — Lumber
Materials:
a. All lumber shall be marine duty Southern Yellow Pine, 2.5 pcf CCA retention.
Decking and railing shall be hand selected 41 dense, straight and true. All other
members shall be #2 dense or better.
b. Preservative treatment shall be as specified by the American Wood Preserver's
Association.
c. Lumber shall have grade mark stamped onto wood.
2. Execution:
a. Protect wood products delivered to site from wetting and moisture gain by storing on
elevated sills.
b. Set horizontal members with crown edge up.
c. Do not cut or notch structural members.
d. Timber framing shall be in accordance with the National Design Specifications for
Wood Construction and the Timber Construction Manual.
Section 4B — Timber Marine Piling
1. Piling shall be marine duty Southern Pine preservatively treated to a net retention of 2.5
pounds of CCA per cubic foot in accordance with AWPA Standard C3, latest edition.
2. The
minimum tip
diameter of all piles
shall be as noted on the drawings. The diameter of the
butt
shall comply
with ASTM D25.
3. Pilings shall have grade marks branded into the wood.
Section 4C — Decking
1. Decking shall be 0.8 pcf CCA retention for the wood decking Alternative "A". The composite
decking, Alternative `B", shall be 2" x 6" Weyerhaeuser ChoiceDek as manufactured by
Advanced Environmental Recycling Technologies or approved equal. ChiceDek is a patented deck
material made from recycled wood and recycled plastic.
2. Lumber shall have grade mark stamped onto wood. Preservative treatment shall be as specified by
the American Wood Preserver's Association.
3. Decking to be fastened with 3" stainless steel deck screws as per manufacturer recommendation.
Page 17 of 41
INDIANRIVER COUNTY
PURCHASING DIVISION
1840 25T1 STREET, VERO BEACH FL 32960
(772) 567-8000 ExT 1416 FAX(772)770-5140
INVITATION TO BID FORM
SPECIFICATIONS FOR: RAISING ELEVATION OF THE FOOTBRIDGE AT
ROUND ISLAND PARK
BID NUMBER: 7057
BID OPENING DATE: SEPTEMBER 14, 2005 AT 2:00 PM
BID OPENING LOCATION: PURCHASING DIVISION
2525 ST. LUCIE AVENUE
VERO BEACH FL 32960
BID:
The undersigned, as CONTRACTOR, declares that he/she has reviewed the plans and specifications for
the scope of the project, visited the premises to review existing conditions and has reviewed the
contractual documents thereto; and has read all special provisions furnished Prior to the opening of Bids;
that he/she has satisfied himself/herself relative to the work to be performed.
The CONTRACTOR proposes and agrees, if this Bid is accepted, to contract with the County in the form
of the Work in full and complete accordance with the shown, described, and reasonable intended
requirements of the plans, specifications and Contract documents to the full and entire satisfaction of the
County.
BIDDERS ARE REQUESTED TO BID ON BOTH ALTERNATIVES. REFER TO DRAWINGS FOR
DETAILS ON ALTERNATIVES.
"A" Wood Decking,
Base Bid Price, Words)
Alremative "B" Composite Pec ing,
(Base Bid Price, Words)
Sum $ 39, '�W LS
Base Bid Amount of: ca
F mP Sum $ q,9 q ') LS
Performance and Payment Bond:
If the Contract amount exceeds $25,000.00 please identify the cost of the Bond to be added to the Base
Bid Amount.
Payment Bo*Bid Amount of: to
I )r,)A l n .t ,r) Lump Sum $ �6, DCC• LS
Cost to be added to Base Bid, Words)
Page 18 of 41
Addenda:
The following Addenda have been received and are included in the Base Bid:
Addendum
No. I
Yes _
Date
Addendum
No. 2
Yes _
Date
Addendum
No. 3
Yes —
Date
Addendum
No. 4
Yes _
Date
Time of Completion:
The Work shall commence immediately upon receipt of Notice to Proceed and shall be substantially complete on or
before 90 consecutive calendar days thereinafter.
Acceptance of Bid:
The CONTRACTOR understands and agrees that the Owner reserves the right to accept or reject any or all Bids
submitted within 90 calendar days from the date of the Bid opening. CONTRACTOR agrees that it will not
withdraw its Bid 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 Bid.
The undersigned hereby certifies that they have read and understand the contents of this solicitation and
agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions,
specifications and attachments hereto. Failure to have read all the provisions of this solicitation shall not be
cause to alter any resulting contract or request additional compensation.
Respectfully Submitted,
S ,.
Name pf Firm
A thortz ignature
�2e5r��f
Title
Date Signed
E-mail
� ,Ua4eo iPsIL z� � �Pe�,
Address
Hour /�i Fi2ee ,34�9y�
City, State, Zip Code
fid) 4UV- &090
Phone
(Corporate Seal)
Occupational License: lb /QKLY1s ?Q& � 611t -JA/ ✓//3
FEINNumber: — 00%-54, 22
PLEASE SUBMIT AN ORIGINAL AND ONE (1) COPY OF YOUR PROPOSED BID.
AGREEMENT
This AgreemenyJnade and enteredCinto this 4th day of April
and between *%YLL 1 , /,it ? %
hereinafter called the Contractor and Indian River County herein called the Owner.
20 06, by
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 Indian River County Bid # 7057 Raising
Elevation of the Footbridge at Round Island Park.
Contractor, as an independent Contractor and not as an employee, shall furnish, for the sum of
Forty-two Thousand, Four Hundred Dollars ($ 45,400.00 ), all of the necessary labor, material, and
equipment to perform the work described in accordance with the Contract Documents.
Article 2. Time of Completion
90 Calendar 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 and Payment 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 ay question shall arise, shall be a condition precedent to the right of
the Contractor to receive any money hereunder.
Any clause or section of this contract or specification which may for any reason be declared invalid by a
court or competent jurisdiction, including appeal, if any, may be eliminated therefrom; and the intent of
this Contract and the remaining portion thereof will remain in full force and effect as though such invalid
clause or section has not been incorporated therein.
Article 4. Quantities and Prices
The Owner shall pay the Contractor for all work included and completed in accordance with this Contract,
based on the items of work set forth in the Contractor's Bid Form.
Page 30 of 41
Article 5. Acceptance and Final Payment
When the work provided for under this contract has been completed, in accordance with the terms thereof,
that a lump sum payment request in the amount of such work shall be prepared by the Contractor, and
filed with the Owner within fifteen (15) days after the date of completion.
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.
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. Payment of the lump sum
amount and acceptance of such payment by the Contractor shall release the Owner from all claims or
liabilities to the Contractor in connection with this Contract.
Article 6. The Contract Documents
The General Conditions, Special Conditions, Specifications, Bid Documents, Insurance Requirements
(Exhibit A), Bonds, and the Drawings, together with this Agreement, form the Contract, and are fully a
part of this Contract as if included herein.
Article 7. Venue
This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by
either party against the other party or otherwise arising out of this agreement shall be in Indian River
County, Florida, or in the event of Federal jurisdiction, in the United States District Court for the
Southern District of Florida.
APPROVED
(Owner)
Page 31 of 41
Jeffrey K. Barton, Clerk of Circuit Court
By:
Deputy Clerk
Indian Rivar c
Administration
Co. Attorney
Risk Management
1730453 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 1999 PG: 744, 02/24/2006 03:40 PM
S&Dl ;;"Fl INC. Fax:771-4611-7410 Feu 15 200E 9:54 P.06
PERFORMANCE BOND
Know all men by these preseun::
By This Bond, we _. _S_ rmerl.in Seven Seas, Inc. _
(]ateet noir, principal business addresat and telephone mantic of Princlpal/Conuertor) .
as Principal (CcnaucWr) and Corttractors Bonding and Insurance Ca uzny
(Insert came, pr iccipai busmass, mid mlopbone number of S•,aety)
a corporation, as Surety, Pse held and firmly bound unto the County of Indian River, Florida, 1840 25"'
Street, Vero Beach, Florida 32960, n rho sum o
((7'72) 567.8000), i; Fifty=Three Tl' ousand
.,.t .. h nn
rUnCUllII, rvrltktl
(V:medc Antomt)
amuimting to 1)5'o of the total bid prig. For payment of said stun we bold ow -selves, our heirs,
executors, administrations and assugtls, jointly and severally, for the faithful performance of a certain
written Contract, dated the _ day of; 2Q_ . entered into between the Principal and the
County of Indian River, fur:
Bond Number: _� 22
Project Name:_. Raising Elevat;txh of ttw Fovtbridcgat Rontd t� rk
Bid Number: ----Bid # 7057 _
Project Address: Bridge is located on the west side of AIA, 1/4 toile north
of IndianRiver/St_luciefbtmty Lire
Project Description:
A copy of said Contract is incorporated herein by reference and is made it part hereof as fully
copied hereln,
\uw. ;harefore, The Condition of this Obligation are Such, that if the Principal sban in all respc;ts
comply with thr teras and conditions of said Contm.:4 and its obligations thereunder, including all of the
ICuntract Docuineuts therein reared to and made a part thereof+ and such alterations as may be made in
I COniraCt Drawings and Specifications as therein provided for, and shall indemnify and save harmless
the County of Indian River against and from all expenses, damages, injury ce conduct, want of cart of
skill, negligence or default, including parent infringement on the pan of the Principal, his agents or
employees, in the execution or performance of said Contact, including ertors in the Drawings fwnished
Ay the Principal, and further, if the Principal shall promptly make payments to all who supply him with
tabor and/or materials used directly or indirectly by the Principal in the prosecution of the Work provided
tirr in said Contract, then this obligation shall be null and voidi otherwise, the Principal and Surety, jointly
and severally, agree to pay the County of Indian Rivet and difference between the sum that the Cotmry of
Indian River may be obliged to pay for the completion of said Work, by contract or otherwise, and any
damages, whether direct, indirect, m cousequential, including reasonable attorney's fee (including
appellate proceedings), which the County of Indian River may incur as a result of the failure of the
Principal to properly execute all of the provisions of the Contract.
Md. the saiJ Principal and Surety hereby tiuther bind themselves, then successors, executors,
admixiistraters and assiyms, jointly and severaily, that they will amply and frilly protect the County of
Indian River against, and will pay any and all amounts, damages, cosh and judgments which may be
recovered against or which the County of Indian River may be called upon to pay to any person or
Page 31 of 40
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.K. BARTON, CLERK
BK: 1999 PG: 745
EL'EN SEx> ryC. ra.:':2 454-74 Y Fee 15 2u06 9:5; P.07
:caperatw% b* rear, n of an), danuge arising from the performance of the said work repair or
maimenanx &;mf, or the mNtnncr of dcing the same, or his agents or his servants, or the infringements
of arty patent rights by reason of the use of any material furnished or work doncq as aforesaid or
otherwise.
Jud, fire said Suety. f --.;r vAu; rece:.aed• 11 reb>stipulates and agrees that no change, extension of time;
alteration or zddmon to Lie ttni)s of the Con(rct or to the ivoA to be performed tbereuader, or the
Spmfcutiaus r.r rhavomgs accotnpauy!ng the same, shall in any way affect its obligations on this Bond,
and it docs hereby waive notice of ally such change, extension of time, alteration or addition to the terms
of the Contract or to the work or to the Specifications or Drawings.
And, the ;a.id Pi inetpal and Su •ep' Jointly and severalty covenant and agree that this Bond will remain in
tell force and encct for a period of oue year c)mmencing on the date of pima! Completion as established
in the Certificate of Final Completion as issued by the County of Indian River,
In Witness Whereof, the above bound parties executed this instrwmeat under their several seals,
this __15�da}of_FQbxuary 20_D6'ie mate and corporate sial of each
corporate party being hereto affixed and these Presents duly Signed by its undersigned representative,
ftusuant to authority of iu goveiain bod
l.
@No to seen 1&*& 9 1 IN an* 000 so I *@I a am* Rose* am a am as 4 mean&@ Mae he a soon meow% somesso ones
When the 'rindy^AY2andindIyWfW:
Signed, sealed and dellvered in the presence of
Witness
Address
Signature of Individual
Printed Name of Individual
Address — -- - Primed Name of Individual
Witness
Address
a a m as baa as was a as as aaaaaa•Roame a an am aam me stoss amass asoma aaaaa am as asoma sat as man samaaaata
Page 31 of 40
rUc COPY
;ERTIRCATION ON LAST PAGE
J.K. BARTONa CLERK
BK: 1999 PG: 746
SE'VU1 SERI _NC
FaK:7?, -464-7470 Foo 15 2W6 9:56 P.08
p t
e Pr nc�al
i a Sole
Pxnar�g !ah P ec ooereig�utdor a Traded=e:
Signed,
sealed and
delivered
in the presence of:
--- Wimrss "--
Address
_._.... Witness
-- Printed Name of Farmer
Address— - - (ySCal)
0 no a *40 sommew a am V too am ants a ago seas wants Samoa as a4wsea ago a *Sam 0 Pogue ate so 40*62 eggs
When th__ a Prineia(�a Partntac2in:
Signed, sealed and delivered in the presence of.
Witness
Address
Witness
' ..
Address
When dim Fran pal is a Corydon: '.
st `
Secretary of C a6on
B
(AE orpotate Seaj '
Printed Name
�rLeS A#-
OfficiAl Title
Page 33 of 40
,CE COPY --
RTIFICATION ON LAST PAGE
K. BARTON, CLERK
BK: 1999 PG: 747
JEVEN SEAS U+C. Fax:772-44--7470 Feb 15 2006 9:56 P. on
' _11 I c- 1 b "" /fi r certify that I am the SetiTctary of the corporation named as
"Ptincipal in the w•ithht bond; the ✓l c�W(.2_ ti� who signed tate said
q on oehalf of'tile Principal was then n a t�nurun_1. -- of said
L. , £iration; that I know hxs signature, and his signature thereto is genuine: and that said Bond was dully
a ;3 n §igayd, sealed and attested for and on behalf of said Corporation by authority of its governing body.
yS <
`NI44's6al) Secretary
Contractors Bondinct and CTMem
Secretary -- — Corporate Surety
200 South Harbor City Blvd.
Melbourne, FL 32901 •-4'"
Business Address
By//j(Affix
Corporate Seal)
Jarrs_s E. Diclareyer
Attorney -In -Fact
The Di6oreyer Agency
Name of Local Agency
607 St. Lucie Crescent
Stuart, FL 34994
Business Address
State of Florion
County of rt
Before me, e Notary Public, duly curomissiontd, qualified and acting, personally appeared jam.g
_E< DiclmeyeK_i_, to me well known, who being by me fust duly sworn upon oath, says that
he is theattomey-in fact for the Ce¢itrae�o s_ ;ru, & Taos ligand that he hu been
authorized by Contractors Barrlm &Iris transom to execute the foregoing bond on behalf of
the Contractor named therein in favor ofthe County of Indion•Kivir, Florida.
Subscribed end sworn before rae this _ 15 _ day of February 2o26
1pPV aU OFRMLNOTMYaE& - Notary Public,
p BG. eHMNON MITTL6q ,j
11.2008
: COMMMSIONNUMBER State of-r-�C)rNAn
7� DD124550
FOF F�D� MV CgANEMMONEMRES ,yly, Conamissioo expires: IAO -
Page 34 of 40
uE COPY
y TIFICATION ON LAST PAGE
C 3ARTON, CLERK
BK: 1999 PG: 748
>EJEN ;ERS 14C. Fax: 7' -464- 4771 Fen IS 200@. 9:56 P. 10
PAYME V'r Bunt w
Know all then by these presents:
By Iltis Bond, we
(1nsen came, pimcipal business addters, wid telephone ^nu`mWbe�r Mof Priaoi*Cormwtor)
:U P7vlcipt,I (`ollrracror) r�Contrdctors_ BDndincl and Insurarice �n�
Sen name, t^!n: a.pnI bummers. and relephm,e niunlw esurety)
a ::orporarou, as Surrty, are held and firmly kund unto the County of Indian River, Florida, 1840 25d'
Street, Vero Beach, Flurida 329607 (7 1 2) 561-801)9), in the sum of Forty -Five Thousand Four
Hi.mdrred and no/100-__-- ------------- ; ars (s,45,4_DO.DD ),
if wrttm APy,umi 04urnam; Amount)
amounting to ) DO% of the total bid p; i^.e. For payment of said sum we bind ourselves, our heirs,
P
xecutors, administrations and assigns, jointly and severally, for the faithful performance of a certain
written Coutract, dated the _ day of 20. entered
into between the Principal and the County of Indian River, for:
Bond Number:-- M36722
Project Name: �Raising_Elevatien of the Footbrid_M at Rotund Island
Bid Number: _^Bid_ # 7057
ProjectAddmss:_ffiidge i:s located on the west side of AIA, 1/4 mile
north of Indian Rives/sts Lucie Coturty Lire
Pro}ccs Descripnotr �_______� ^._
.A copy of said Cnarraet is im:urpo:ated herein by rofererez and is made a part hereof as fully copied
herein.
Nov, 'Cher -tore, the Conditions c this Obligation are such, that, if the Principal shall promptly snake
payments to all claimants, as herein below defined. tlten this obligation shall be void; otherwise, this Bond
shall remain in filll force and effect, subject io the following terms and conditions:
A claimant is defined as my pet Sen vppl?j or the P: incipal with labor, material or supplies, used directly
or indirectly by the Principal or ariv subcontractor in the prosecution of the work provided for in said
Connect, and is"furlher defined in Section 713.01 of the Florida Statutes.
The provisions of Section 255.05 Florida Statutes shall apply.
'I nu above carne Principal and Sttretc h.:reby:ointly and severally agree with the County of Indian River
that cvory claimant as herein &find, who bas not bee paid in full before the expiration of a period of
ninety (907 days afler pnr{crrnanre of the labor or after eemplete delivery of materials and supplies by
such claimartt, may sue :)n this Fwlaud for the use of s¢ch claimant, prosecute the suit to final judgment for
such sums or sums as map *,c jusiy due cYaunant, bid have execution thereon. The County of Indian
River shall not be liable for flit payment of any costs or expenses of any such suit. No suit or action shall
be commenced hereunder by any claimant.
Page 35 of 40
A TRUE COPY
CERTIFICATION ON LAST PAGE
JX BARTON, CLERK
BK: 1999 PG: 749
EVEN SE4S 11%C. Fax:? 72-464-7470 Feb 15 2006 9:57 P.11
Unless clannwt, other than one having direct contract with the Principal, shall within forty-five (45) days
after beginning to furnish labor, materials or supplies for the prosecution of the work, furnish the
Principal and Surety with a notice that he intends to look to this Bond for protection.
Unless claimarn. usher than one hating dire<_t contact with the Principal, shall within ninety (90) days
after such clahnaut's performance of the labor or complete delivery of inmerials or supplies, deliver to the
Principal and Surety written notice of the performance of such labor or delivery of such materials or
supplies and the nonpayment therefore.
After the exp rwicn of one (1) year from the performance of the labor or completion of delivery of the
ut(1texials or supplies; it being lmder5to'-4, however, that i1any limitation embodied in this Bond is
prohibited by arty iaw contrvliing the Wnstruaion hereof, such limitations shall be deemed to be
amended, so as to bequal to the minimum petiod of limitation permitted by such law.
Odwr then In a slate court of e)mpeteot jurisdiction in and for Indian River County, Florida, to in the
Uuited States District Court for the Southern District of Florida, and not elsewhere.
The Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration of
or addition to the terms of the Contract or tc the work to be performed thereunder or to the Specifications
applicable thereto, shall in any way affect its obliges ons on this Bond, and the Surety hereby waives
notice of any such change, extension of :Arne, alterations of or addition to the terms of the Contract, or to
do the work c r to the Specifrcmions.
The Surety represents and warrants to the County of Indian River that it has a Best's Key Rating Guide.
Ckmeral Policyholder's rating of "A" and Financial Size Category of Class " X".
fisc Principal and Surety jointly and sevarally covenant and agree that this Band will remain in full force
and effect for a period of one (1) year commencing on the date of Final Completion as establisbed on the
Certificate of Final Completion as issued by the County of Indian River.
The Pr ncipaJ and Suret; jointly and sevetaliv, agree to pay the County of Man River all losses,
damages, expenses, costs, and attrney's fees, iacluding appellate proceedings that the Cotttrry of Indian
River sustains because of a default by the Principal trader the Contract.
In W"itncss VOwreof, the above bound parties executed this instrument under their several seals, this _
15 _ day of_ F?�rarY_ _ _ _ 20 D6 the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned representative,
pursuant to authorNe of its iuveraing body.
Pugs 36 of 40
CERTIFICATION ON LAST PAGE
J.K. BARTON, CLERK
BK: 1999 PG: 750
SEVEN SEAS Mi .
Fax:772-454-7470
Whertwe Principal is and Individual:
Signed, sealed and delivered in the presence of:
Witness
Feb 15 2006 9:57 P.12
-- Signature of ipdividwa
Pitted Name of Individual
Address--- -- Printed Name of Individual
Witness
Address
to Seen a Season* seems@ a *angles" Sea a I a POEMS as" x9massawasaboa 4
When the Priwitigl is a 0 ru ndar IgN�C;
Signed, scaled and delivered in the presence of:
Witness -- ---- --- Name of Partnership
By-.
Address Partner
Witness ^— Priated Name of Partner
.....: Reassesses
.....................................aSea.l , .........,................
When the Principal is a Partnership:
Signed, sealed and delivered in the presence of:
Witness Name of Partaership
Address Partner
Witness Printed Name of Partner
Address
(Seal)
...au•...r...keel .
Sees go waste *to s...a..........uu
..................................
Page 37
of 40
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.K. BARTON, CLERK
Im
1999 PG: 751
SEVEN SEAS LF. Fax:772-4r,4-7470
When the Principa�.ja_e C_ .o�fatiop,:
C
Secretary
�, V� t. Vv, ,
Feb 15 2006 9:57 P.13
L certify that I ant the Secretary of the corporation natned
as Principal in the w itbirt bond; the _ who signed the
e:ud bond on bohnlf of die i rim0ipad was d:en _ _ _ of
said Corporation; that f know his signature, and Itis signature thereto is genuine; and that said
Bond was dully signed, sealed and attested for and on behalf of said Corporation by authority of its
governing body.
(Seal)
To be mmNNd by Corporate Surety:
Attest
Secretary
Secretary
Corporate Su
200 Soirtit Harbor
Page 38 of 40
Business Address
(Affix Corporate Seal) S ` •..q j
"
Janes E. Diclatever 'I
AttomayTn-Faa r
'Ile? Die>anave_r Acencv
Name of Local Ageney '
607 St. Lucie Crescent
Stuart,` FrL 34994
Buinnss Address
A TRUE 6. 6X
AICERTIFICTO
N ON LAST PACE
J.K BARTON, CLERK
BK: 1999 PG: 752
>EVEN :,SRS .NC. Fac .772 -4i4 -74r0 Feb 15 2006 9:5E P.14
State of Florida _
County of .Martin ______
Before rue, a Norary Public, duly cotnutissioncd, qualified and acting, personally appeared ,TM.
Ac—r me well b:oMn, who being by nue fim duly sworn upon oatb, says that
he is thr. attorney •hu fact for the _ itraetors BorxLitxa & Ir
jgUrU=d that he has been
authorized by Cartttraetors_
Insta>:aUZew execute the foregoing bond on behalf of
the Contractor named therein i; i favor of the County of Indian River, Florida
Subscribed and sworn before me this 15 day of Febrtnaly_ 20 Q&
Notary Public,
= �
Page 39 of 40
nv' 0, '�e.
I nor7SE�NSB
NOMi
s
51WNN
(�
WVUSS:CNDD120.
.:_NC... ?Jng
ATRUE COPY
CERTIFICATION ON LAST PAGE
J.K. SWOK CLERK
BK: 1999 PG: 753
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS A
TRUE AND CORRECT COPv nc ru�
nmlorkl.. __