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HomeMy WebLinkAbout2008-025CONTRACT DOCUMENTS AND SPECIFICATIONS FOR ;LEARING, 315' AVENUE SW to BID NO, 2008013 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA GARY C. WHEELER, CHAIRMAN SANDRA L. BOWDEN, VICE CHAIRMAN WESLEY S. DAVIS, COMMISSIONER JOSEPH E. FLESCHER, COMMISSIONER PETER D. O'BRYAN, COMMISSIONER JOSEPH A. BAIRD, COUNTY ADMINISTRATOR JEFFREY K. BARTON, CLERK OF COURT jI WILLIAM G. COLLINS II, ESQ., COUNTY ATTORNEY EDDESON J. CHIN, CAPITAL PROJECTS ENGINEER 00001 Cover Sheet 00001-1 INDIANRIVER COUNTY PURCHASING DIVISION 1800 27'"STREET VERO BEACH FL 32960 (772) 567-8000 ExT1416 FAX (772) 770-5140 INVITATION TO BID PROJECT NAME: OSLO ROAD CLEARING, 31sTAVENUE SW To 43RD AVENUE 43RD AVENUE CLEARING, 6T" PLACE SW TO SOUTH RELIEF CANAL BRIDGE. PROJECT NO. 0418A BID NUMBER: 2008013 BID BOND REQUIRED: PERFORMANCE BOND REQUIRED PAYMENT BOND REQUIRED PRE BID MEETING: REFER TECHNICAL QUESTIONS TO: EDDESON CHIN TELEPHONE: (772) 226-1282 E-MAIL: echin@ircgov.com YES (IF BID EXCEEDS $25,000) YES (IF BID EXCEEDS $25,000) YES (IF BID EXCEEDS $25,000) m FAX: (772) 778-9391 REFER GENERAL TERMS & CONDTITTIONS QUESTIONS TO: JERRY DAVIS, PURCHASING MANAGER TELEPHONE: (772) 226-1416 FAX: (772) 770-5140 E-MAIL: purchasinggircgov.com ALL BIDS MUST BE RECEIVED IN THE PURCHASING DIVISION LOCATED AT 1800 27TH STREET, VERO BEACH, FLORIDA 32960 PRIOR TO THE DATE AND TIME SHOWN ABOVE. LATE BIDS WILL BE RETURNED UNOPENED. Page 1 of 40 BID OPENING DATE: NOVEMBER 2.1 t2007 BID OPENING TIME: 2:00 P.M. ALL BIDS MUST BE RECEIVED IN THE PURCHASING DIVISION LOCATED AT 1800 27TH STREET, VERO BEACH, FLORIDA 32960 PRIOR TO THE DATE AND TIME SHOWN ABOVE. LATE BIDS WILL BE RETURNED UNOPENED. Page 1 of 40 M TABLE OF CONTENTS w Table of Contents Payment Bond_... .... ........ ... .... -- --- Exhibit A — Insurance Advertisement for Bid _-__--___--_--_-_ .------------------------------- Instructions to Bidders w Special Provisions_..... .......... - - Technical Provisions Bid Form w Bid Bond w Affidavit of Compliance ............ ---......... -- Statement of Disclosure of Relationships____________________ ____________________ Bidder Questionnaire Bid Check List M Performance Bond Payment Bond_... .... ........ ... .... -- --- Exhibit A — Insurance Requirements ------ _-__--___--_--_-_ .------------------------------- w w r - w M w Page 2 of 40 page 2 page 3 pages 4-10 pages 11-12 pages 13-16 pages 17-18 pages 19-22 page 23 pages 24-25 page 26 page 27 pages 28-29 pages 30-33 pages 34-38 page 39 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 # 2008013 0SL0^ -- 1ST A<mnrrm Q / mn 1.0 AxTi+xym .K0ALI.LL'ARVNG,31 t�vriv vi,v,� av� 43RDAVENUE CLEARING, 6Tu PLACE SW TO SOUTH RELIEF CANAL Indian River County is accepting sealed bids to clear trees and brush from area designated on plans to allow relocation of utilities. Detailed plans and specifications for the above referenced bid are available from Capital Projects Division, County Administration Building, 1801 27th 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 November 15, 2007. Only bids received on or before the time and date listed will be considered. Bids mailed or hand delivered should be addressed to Purchasing Division, 1800 27`h Street, Vero Beach, Florida 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: October 9, 2007 For Publication in the Press Journal Please furnish Tear Sheet, Affidavit of Publication, and Invoice to: Indian River County Purchasing Division 1800 27th Street Vero Beach, Fl 32960 Page 1 of 40 r 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. r 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, 1800 27 Street, Vero Beach FL r 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 Finn 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 r provided by Indian River County. Bids not submitted on the attached form shall he 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 r 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 r 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. r 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. r Page 4 of 40 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. A n,l def cts .*Mich 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 aefending 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 40 M 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. :�Ia^.'.:fact'.:rer' name a d el ntymhercgre ycafl hnreLn n P t� nr p ntt nca of ctah�tc tno a cion aril s rw.. an� d . s Ll, f th_ r F e-- ---h- - -d-- 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. r 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 r 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. r 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. M 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 r W C • 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 fiurtished 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. n_.zr_ -,t,_ : n.._.., a C7 '.]., Qs ., ��, Qo„�;,,„ 247 1ZZ/7l( \ oil RjArVlerc arP hPrP}l�- nnti fieri L'f4lJflz RL[1J% i.l [li[eJ. t zuauaru L0 z JUIIu" �L=Utc� v....uv.a ���` a/e .. 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 $25,0001 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 Iimited 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 swom 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 40 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 r 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 L who is aggrieved in connection with the solicitation or i proposed award of a CvrivaCt iMay pr Ot£St tG the U t Manger. "IU ^test S11a11 be Sub^1:tted in urc,.as...g singe pr 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 r 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 r 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 r 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. r M • 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 (PUBLIC) LIABILITY, OTHER THAN AUTOMOBILE $1,0009000.00 COMBINED SINGLE LIMIT FOR BODILY INJURY AND PROPERTY DAMAGE Commercial General A. Premises / Operations B. Independent Contractors C. Products / Completed Operations D. Personal Injury 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 C. Hire Automobiles INJURY AND DAMAGE LIABILITY • 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. Page 9 of 40 M 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, i shall have precedence. M so L'l M IM f r M T�TD ! l' !' , ATTPTl a T TL`pp�1TTO11U p_ h"XTTTTTIIATQ L`1\VVlil\LL�L'LLl LLi1l% �.V1�LLLLVI�V Page 10 of 40 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 work is located on Oslo Road between 31" Avenue SW and 43 d Avenue, and 43 d Avenue between 6`h Place SW and South Relief Canal Bridge. Before submitting this bid, the bidder shall visit the job site in order to ascertain the extent of the work and the prevailing local conditions, which may affect the work to be done. 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 based on the unit price amount for actual work performed 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. 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. 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. Page I I of 40 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 ,.l.l:,...s.. 41.e nl1r MI) r.. f....,1 ..r�n..o .. ol.all ii n ..t tl,o M'AMMP or��r t:mP CIJNQanllP"f 4iInm _ vuusuw Ula v YT _u w •ua... aCwF....ua......Or �........ t.reVe... ..... .........I :n ,...� »,,.....I»..... . recovering damages from work actually shown to be defective within a one (1) year period after the final acceptance. r 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, 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 l 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 7 Page 12 of 40 INDIAN RIVER COUNTY OSLO ROAD CLEARING, 31ST AVENUE SW To 43RD AvENUE AND 43RD AVENUE, 6" PLACE SW To SOUTH RELIEF CANAL BRIDGE TECHNICAL PROVISIONS SECTION TITLE PAGE NUMBER General Requirements 14 • Scope of Work • Photographs • Permits • Protection of Public Site Work 15 ■ Clearing ■ Concrete Removal 16 Tree Relocation Page 13 of 40 W J DIVISION 1— GENERAL REQUIREMENTS Section 1A - Scone of Work The project consists of furnishing all labor, materials, equipment, and services necessary to clear and dispose of all trees and vegetation as shown on the drawings and described in 'C n_ 1 1 l...a ___. L•____._J i_ �L_ r_11 ___..�,_. mese specifications. Scope includes, out not 111111LGU Lo L11G W110 W111�;. • Clear trees and brush one -inch in diameter or greater. Cut to a minimum height of 2" above existing grade. • Trim, protect and leave standing trees designated to remain. �. • Completely remove and dispose of all vegetative debris within the limits designated on the plans. • Remove and dispose of existing concrete sidewalk shown on the Oslo Road clearing plans. • Transplant 70 cabbage palm trees from project site to the County's Harmony Oaks mitigation area at Vero Shores (approx. 7 miles). Transplant 2 oak trees to South County Park. Trees to be relocated will be designated by the County. 1 r. Section 1B - Photographs CONTRACTOR shall take photographs of all work areas prior to construction and all unusual conditions during construction. Section 1C - Permits The OWNER has applied for the Indian River County Right -of -Way Clearing Permit. Section 1D - Protection of Public CONTRACTOR shall erect and maintain sufficient safeguards around all clearing and grubbing operations, to protect the public from work area hazards. Page 14 of 40 DIVISION 2 - MAINTENANCE OF TRAFFIC Section 2A — Maintenance of Traffic 1. Contractor shall maintain traffic within the limits of the project for the duration of the clearing operation in accordance with the U.S. Department of Transportation's Manual on Uniform Traffic Control Devices (MU 1 CD ) latest edition, FDO T1 index 600 Series and FDOT Standard Specification Section 102. 2. Cost of Maintenance of Traffic shall be Lump Sum. Section 2B — Protection of Public 1. Provide, erect and maintain barriers, lights and other devices as required to protect general public, workers and adjoining property. 2. There shall be no separate payment for protection of public. The cost shall be included in the Lump Sum Price for Maintenance of Traffic. DIVISION 3 - SITE WORK Section 3A — Clearing 1. Trim back trees and brush that extend into area designated on plans to be cleared. 2. Clear trees and brush one inch in diameter or greater from designated clearing area, except trees and brush designated in field to remain. 3. Cut to a minimum height of 2" above existing grade. 4. Backfill any holes or depressions resulting from clearing operations. 5. Completely remove and dispose of all cleared materials. 6. Cost of all work under this Section shall be included in the lump sum for clearing. Pave 15 o'40 :J Section 3B — Concrete Removal 1. Remove and dispose of existing 5 feet wide, 4 inches thick concrete sidewalk, shown on the Oslo Road clearing plans. 2_ ('net of all vvnrlr iynrlar this certinn shall ha inrhirlarl in the himp slim of nnnrrPte removal. r Section 3C — Tree Relocation — Alternate Bid Item 1. Trees designated for relocation shall be protected from damage. .. 2. Trees shall be dug out carefully to preserve the maximum possible amount of root growth and topsoil around the roots. Root balls shall be protected during transportation. r 0 r r r 0 M 3. Trees shall be replanted on the day of removal and relocation. 4. Cost of transplanting trees to include removing, transporting, replanting, staking and bracing. Page 16 of 40 INDIANRivER COUNTY PURCHASING DIVISION 1800 27TH STREET, VERO BEACH FL 32960 (772) 567-8000 EXT1416 FAX(772)770-5140 SPECIFICATIONS FOR: BID NUMBER: BID OPENING DATE: BID OPENING LOCATION: BID FORM OSLO ROAD CLEARING, 3157 AVENUE SW TO RD AnRD h 4.1 HVt,NUt.ANll'iJ tl \'C1V UD \.LL.Hrillvv, 6T" PLACE SW TO SOUTH RELIEF CANAL BRIDGE. 2008013 NOVEMBER 1572007 AT 2:00 PM PURCHASING DIVISION 1800 27"' STREET 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 SID ON ALL ITEMS. UNIT UANTITY UNIT PRICE 1. Maintenance of Traffic and Protection of Public: 1 Lump Sum 2. Clearing Vegetation: 1 Lump Sum 3. Concrete Removal 1 Lump Sum Alternate Bid Items: Al. Cabbage Palm Relocation 70 each A2. Oak Tree (14") Relocation 1 each A3. Oak Tree (20") Relocation 1 each Page 17 of 40 TOTAL PRICE If the Contract amount exceeds $25,000.00 please identify the cost of the Bond to be added to the Base Bid Amount. Performance and Payment Bond 1 Lump Sum TOTAL AMOUNT OF BID (IN FIGURES): $ TOTAL AMOUNT OF BID (IN WORDS): ALTERNATE BID . TOTAL AMOUNT OF BID (IN FIGURES): TOTAL AMOUNT OF BID (IN WORDS):_ r r r r r Page 18 of 40 E Addenda: The following Addenda have been received and are included in the Base Bid: l elluulll 1Vu. I Addendum No. 2 Addendum No. 3 Addendum No. 4 Yes _ Date Yes _ Date Yes _ Date Yes Date Time of Completion: The Work shall commence immediately upon receipt of Notice to Proceed and shall be substantially complete on or before 45 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, Name of Firm Address Authorized Signature Title Date Signed E-mail: Occupational License: FEIN Number: City; State, Zip Code Phone (Corporate Sea]) PLEASE SUBMIT AN ORIGINAL AND ONE COPY OF YOUR PROPOSED BID. I Page 19 of 40 I: _IMP SM -111 KNOW ALL MEN BY THESE PRESENTS, that we aq (BIDDER'S NAME) Principal, and (SURETY'S NAME) a corporation duly organized under the Laws of the State of Florida as a Surety with its principal offices in the City of and authorized to do business in the State of Florida, are held and firmly bound unto INDIAN RIVER COUNTY (hereinafter called the OWNER) in the penal sum of _ Dollars ($ ), lawful money of the United States, amounting to 5% of the total bid price, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. Whereas said Principal is herewith submitting a Bid dated 20_ i for the construction of: Project Name: Bid Number: i Project Address: Project Description: .. NOW THEREFORE, the condition of the above obligation is such that if the Principal does not withdraw said Bid within the period of time set forth in the Bid Documents, and on or before the fifteenth day after the Notice of Award, the Principle enters into a written contract with the OWNER in accordance with the .. Bid as accepted, and if the Principal gives the required bonds with good and sufficient sureties for the faithful performance and proper fulfillment of such Contract and for the protection of laborers and materialmen, then this obligation shall be null and void. Otherwise, the Principal and Surety, jointly and .. severally, shall on or before the sixtieth day after request by the OWNER, pay to the OWNER in money, the difference between the amount specified in said Bid and the amount for which the OWNER may procure the required work if the latter amount is greater than the former, together with any expense and i reasonable attorney fees, including appellate proceedings, incurred by the OWNER if suit is brought hereon, but in no event shall Surety's liability exceed the penal sum hereof plus such expenses and attorney's fees. IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several seals this _ day of , 20_, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. M Page 20 of 40 WHEN THE PRINCIPAL IS AN INDIVIDUAL: ...a 0 M a 0 w 0 K R 0 a M 0 w x a M..9 5 a V 0 a........ .............................................. Signed, sealed and delivered in the presence of - Witness Address Witness Address Signature of Individual Printed Name of Individual ..................... ....... .... ....... ......... .................................... . WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME: Signed, sealed and delivered in the presence of: Witness Name of Partnership BY: Address Partner Witness Address Printed Name of Partner (SEAL) ...... ... ...•.......................................... ............ ........ ....... WHEN THE PRINCIPAL IS A PARTNERSHIP: Signed; sealed and delivered in the presence of: Witness Address Witness BY: Page 21 of 40 Name of Partnership Partner Printed Name of Partner W (SEAL) Address w I.....................................................•............................... WHEN THE PRINCIPAL IS A CORPORATION: w Attest: r Secretary w Printed Name 6 •A Name of Corporation (Affix Corporate SEAL) w Official Title .. CERTIFICATE AS TO CORPORATE PRINCIPAL I certify that I am the Secretary of the corporation named as Principal in the w within bond; that , who signed the said bond on behalf of the Principal was then of said corporation: that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed and attested for and on behalf of Said corporation by authority of Its governing body. w Secretary (SEAL) ...................................................................................... r TO BE EXECUTED BY CORPORATE SURETY: Attest: Secretary Corporate Surety • Business Address BY: (Affix Corporate SEAL) Page 22 of 40 (Attach Power of Attorney) Attorney -In -Fact Name of Local Agency Business Address STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly swom oath, says that he is the attorney-in-fact for the and that he has been authorized by _ to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this day of 20. Notary Public, State of Florida My Commission Expires: Any claims under this bond shall be addressed to: Name and address of Surety Name and address of agent or representative in Florida if different from above: Telephone number of Surety and agent or representative in Florida: ( ) Page 23 of 40 AFFIDAVIT OF COMPLIANCE 7 ,7' TJ'., y,. ..t., Rid iF �nnuniz £Or llcl., R..a.7 ("1Pn rinrt '21st A_v !Y Z .7 Avanna 11141a111�rver VN i � ♦ ennP \�� }/1 Q Y r�wr�a��va 43rd Avenue Clearing, 6th Place SW to South Relief Canal Bridee ❑ We DO NOT take exception to the Bid / Specifications. ❑ We TAKE exception to the Bid / Specifications as follows: L� • Telephone Number: E-mail: Authorized Signature: Name: (Typed / Printed) r Company Name: _ Company Address: Page 24 of 40 Fax: Title: Date: 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. 2008013 for Oslo Road Clearing, 31" Avenue SW to 43rd Avenue and 43 d Avenue Clearing, 6th Place SW to South Relief Canal Bridge. 2. This sworn statement is submitted by: name of entity submitting Statement) 3. whose business address is: and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement ) 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 as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] 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. Page 25 of 40 W 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 or entity Name of County Commissioner Relationship or employee (Signature) (Date) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20_, by who is personally known to me or who has produced as identification. _ NOTARY PUBLIC SIGN: PRINT: State of Florida at Large My Commission Expires: r (Seal) r r zj r Page 26 of 40 BIDDER QUESTIONNAIRE The undersigned guarantees the truth and accuracy of all statements and answers herein contained: Indian River County Bid 2008013 for Oslo Road Clearing, 31- Avenue S W to 43rd Avenue, 43`d Avenue Clearing. 6`h Place SW to South Relief Canal Bridge. 1. How many years has your organization been in the business? 2. Number of employees "ON THE JOB" each week? 3. Will you subcontract any part of this work? If so, give details: 4. List three (3) references of individuals or corporations for which you have performed this type work and to which your refer: 1) Firm Contact Phone # (_) 2) Firm Phone 4 (__) Contact 3) Firm Phone 4 (_) Contact 5. Have you ever failed to complete work awarded to vou: ❑ Yes ❑ No If so, where and why? 6. What equipment do you own that is available for the work? 7. State the true, exact, correct and complete name of the partnership, corporation; or trade name under which you do business and the address of the place of business: Correct Name of Bidder: Address: Page 27 of 40 TRIS CHECKLIST IS PROVIDED TO ASSIST EACH BIDDER IN PREPARATION OF THEIR BID RESPONSE. THIS MP (�TXJE aW (�nyT�V,V:.I'!'P�c Com. �u RmnTDa ADiu4n Mn n"nr vwT7u inin,i±t,iruT i� vNLY A vuWT TTT TT T aya:.a..aiu.i ... ...<. THE INVITATION TD BID I/V ITS ENTIRETY. ✓ Is the Invitation to Bid Form completed and signed? ✓ All price extensions and totals have been reviewed for accuracy? r ✓ Is the Affidavit of Compliance completed, signed, and attached? • ✓ Is the Warranty Information Form completed and attached (if applicable)? ✓ Is the Disclosure of Relationship Sworn Statement completed, signed, notarized, and attached? ✓ Is each Bid Addendum (if issued) signed and included with the Invitation to Bid Form? ✓ Is the Trench Safety Form completed and attached (if applicable)? • ✓ Is the Bid #, Bid Title, and Bid Opening Date & Time marked clearly on the outside of the envelope? • ✓ Is your company's name and address clearly printed on the outside of the envelope? ✓ Is the Invitation to Bid Form submitted in duplicate? M ✓ Is the original marked "ORIGINAL" and is the copy marked "COPY"? ✓ Is all of the above in the envelope and is the envelope sealed? M If you have any questions about submission of the Invitation to Bid Form, please contact the Indian River o. County Purchasing Division at (772) 567-8000 ext. 1416 or by Fax at (772) 770-5140 or via E-mail at pU2Chasing@ircgoy.com r Thank you for your interest! M aw up r Page 28 of 40 AGREEMENT This Agreement made and entered into this 20" day of rteeuAQ 1 2007, by .. and between e11AAe=.Z h AJm-r-&JAAu<E, 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 r. As per specifications of advertised and sealed bid in Indian River County Bid 9 2008013 / Oslo Road Clearing, 31st Avenue SW to 43rd Avenue and 43`d Avenue Clearing, 6'h Place SW to South Relief Canal Bridge. Contractor, as an independent Contractor and not as an employee, shall furnish, for the sum of A Lewiz--'/� vsANo Dollars($ jy��QOO ), all of the n cessary labor, material, and equipment to perform the work described in accordance with the Contract Documents. r 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 lof 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 r The Owner shall pay the Contractor for all work included and completed in accordance with this Contract, based on the items of work set forth in the Contractor's Bid Form. Article 5. Acceptance and Final Payment When the work provided for under this contract has been completed, in accordance with the terms thereof, ,. a 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. i Page 29 of 40 r 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 sun 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. r 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*-g0f6ri62r OWNER: CONTRACTOR: r INDIAN RIVER CMTNTY- '� Sandra BowderRJ2 aa}man r By: /" seph A Baird, County Administrator r W, M AFkV20VED AS TO FO AND LEGAL SUFFIC CY: By: ounty Attorney Jeffrey K. Barton, Clerk of Court Attest: Deputy Clerk (SEAL) i LMe fir rti .�>aAtcE . By: actor) (CORPORATE AI ? Attest T9r• SL\�*adL_ (If CONTRACTOR is a corpo'r'atio$i ' or a partnership, attach evidence of authority to sign.) Address for giving notices: %SLY 5H -J7-. {rFed Qt/7C lf� F�- s'29Gfi License No. Oct - L S-4 00 / 4112 (Where applicable) Agent for service of process: Designated- Repre entative: Name: �Jat erl grnar Title: Sa & srn&rg Address: 7300 149 0 BEAD rt ,>ce-- 32- 966 Phone: 77L- �9� L 839 ?9L- 567-5/3 Facsimile: -77z- 45-r4 — 99d�v Page 30 of 40 A roved Date Administration Bud et Le al Risk Mana ement Public Works Ca ltal ProJec LMe fir rti .�>aAtcE . By: actor) (CORPORATE AI ? Attest T9r• SL\�*adL_ (If CONTRACTOR is a corpo'r'atio$i ' or a partnership, attach evidence of authority to sign.) Address for giving notices: %SLY 5H -J7-. {rFed Qt/7C lf� F�- s'29Gfi License No. Oct - L S-4 00 / 4112 (Where applicable) Agent for service of process: Designated- Repre entative: Name: �Jat erl grnar Title: Sa & srn&rg Address: 7300 149 0 BEAD rt ,>ce-- 32- 966 Phone: 77L- �9� L 839 ?9L- 567-5/3 Facsimile: -77z- 45-r4 — 99d�v Page 30 of 40 1904783 ' THIS DOCUMENT HAS BEEN • RECORDED IN THE PUBIC RECORDS PERFORMANCE BOND OF INDIAN RIVER COUNTY FL BK: 2243 PG: 1271, Papel of 11 02/20/2008 at 11:10 AM, W Know all men by these presents: - JEFFREY K BARTON, CLERK OF COURT By This Bond, we 775a5672M+ MM aintenance, Inc., 7300 4th Street Vero Beach, Florida • (Insert name, principal business address, and tai,, ho e numbe f Pr ci aUcontr cto as Principal (Contractor) and ��t�F$_��g8ty Company, G4�5 ucien ay, I�itlan�, �orida (Insert name, principal business, and telephone number of Surety) a corporation, as Surety; are held and firmly bound unto the County of Indian River, Florida, 1801 271h Street, Vero Beach, Florida 32960, ((772) 567-8000), in the sum of FORTY FIVE THOUSAND AND 00/100 ------------ -------------------- Dollars ($ 45,000.00 ) (Written • Amount) (Numeric Amount) amounting to 100% of the total bid price. For payment of said sum we bind ourselves, our heirs, executors, administrations and assigns, jointly and severally, for the. faithful performance of a certain \\ • written Contract, dated the day of, 20�, entered into between the Principal and the County of Indian River, for: .. Bond Number: 929437471 Project Name: Oslo Road Clearing, 31" Avenue SW to 43rd Avenue and 43`d Avenue • Clearing, 6thPlace SW to South Relief Canal Bridge. Bid Number: 2008013 • Project Address: 31st Avenue SW to 43rd Avenue Clearing, 6th Place SW to South Relief Canal Bridge Project Description: Land Clearing • A copy of said Contract is incorporated herein by reference and is made a part hereof as fully copied herein. Now, Therefore, The Condition of this Obligation are such, that if the Principal shall in all respects comply with the terms and conditions of said Contract and its obligations thereunder, including all of the Contract Documents therein referred to and made a part thereof, and such alterations as may be made in • the Contract Drawings and Specifications as therein provided.for, and shall indemnify and save harmless the County of Indian River against and from all expenses, damages, injury or conduct, want of care of Skill, negligence or default, including patent infringement on the part of the Principal, his agents or employees, in the execution or performance of said Contract, including errors in the Drawings fumished by the Principal, and further, if the Principal shall promptly make payments to all who supply him with labor and/or materials used directly or indirectly by the Principal in the prosecution of the Work provided for in said Contract, then this obligation shall be null and void; otherwise, the Principal and Surety, jointly and severally, agree to pay the County of Indian River and difference between the sum that the County of ,. Indian River may be obliged to pay for the completion of said Work, by contract or otherwise, and any damages, whether direct, indirect, or consequential, including reasonable attorney's 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. And, the said Principal and Surety hereby further bind themselves, their successors, executors, �. administrators and assigns, jointly and severally, that they will amply and fully protect the County of Page 31 of 40 NNE Indian River against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or NNE corporation by reason of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same, or his agents or his servants, or the infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or ENE otherwise. MEN And, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications or Drawings accompanying the same, shall in any way affect its obligations on this Bond, MEN and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications or Drawings. MINE And, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Final Completion as established in the Certificate of Final Completion as issued by the County of Indian River. ENV In Witness Whereof, the above bound parties executed this instrument under their several seals, r this day of ,a VULLC�.L, .20-01 the name and corporate seal of each corporate party being hereto affixeA and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. ...................................................................................... r When the Principal is and Individual: Signed, sealed and delivered in the presence of: r r Witness Signature of Individual ENV Address Printed Name of Individual NEW Address Printed Name of Individual MEN r Witness MEN Address ...................................................................................... Page 32 of 40 When the Principal is a Sole Proprietorship or operated under a Trade Name: • Signed, sealed and delivered in the presence of: MEN =� L- an Page 33 of 40 /�giSl aefy-T Official Title Witness Name of Partnership By: Address Partner Printed Name of Partner Witness - ` (Seal) Address ...................................................................................... When the Principal is a Partnership: Signed, sealed and delivered in the presence of - INS Witness Name of Partnership .. By: Address Partner r Witness Printed Name of Partner RED Address (Seal) ...........................................................................0....0.00.. ` When the Principal is a Corporation: Attest: Clear a� Zone Mainten4nca _ Nam3 rPor Secretary MEN =� L- an Page 33 of 40 /�giSl aefy-T Official Title Certificate as to Corporate Principal bond within Principal was then rcsi of said ow his signature, and his signature ereto is genuine; and that said Bond was dully is#ed for and on behalf of said Corporation by authority( of its governing body. r _ 'Secretary as"'per attached power of attorney Secretary Western Surety Company Corporate Surety 2405 Lucien Way Maitland,Florida 32751 Business Addre$,s _ _ Y By aWf s (Affix Corporate Seal) , _ 4 D. Michael Stevens i'? r ' 11 pA a Attorney -In -Fact Collinsworth, Alter, lambert,-Ih' Name of Local Agency'.` 23 Eganfuskee Street, Suite 102 Jupiter, Florida 33477 Business Address State Of Florida County Of Palm Beach Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared D. Michael Stevens , to me well known, who being by me first duly sworn upon oath, says that he is the attorney -in fact for the western Surety Company and that he has been authorized by them to execute the foregoing bond on behalf of the Contractor named therein in favor of the County of Indian River, Florida. r Subscribed and sworn before me this 7th r McLnda 111"erhns ?_ to [�C?v.:5i1CP.I DilS 7fj: •, . �go`6Ecpim: DEC. 05, 2008 "a°FfilO WWW.AARONNOTARY,talf, M day of Februaxv A 20 08 �L Notary Public, State of Florida My Commission expires: Page 34 of 40 r PAYMENT BOND Know all men by these presents: Clear Zone Maintenance, Inc., 7300 4th Street Vero Beach, Florida By This Bond, we 772_967-4566 (Insert name, principal business address, and telephone number of Principal/Contractor as Principal(Contractor)andg,t�$-,t�gty Company, 2405 Lucien Way, Maitland, Florida 32751 (Insert name, principal business, and telephone number of Surety) r a corporation, as Surety, are held and firmly bound unto the County of Indian River, Florida, 1801 270i Street, Vero Beach, Florida 32960, (772) 567-8000), in the sum of FORTY FIVE THOUSAND AND -00/100- -------- ------- ---- ND00/100- ----------------'------ Dollars ($ 45.000.00 ), • (Written Amount) - (Numeric Amount) amounting to 100% of the total bid price. For payment of said sum we bind ourselves, our heirs, executors, administrations and assigns, jointly and s verally, for the faithful performance of a certain r. written Contract, dated the DQ!r 4 day of ,,,. e 20 b% entered into between the Principal and the County of Indian River, for: �. Bond Number: 929437471 Project Name: Oslo Road Clearing, 31" Avenue SW to 43rd Avenue and 43rd Avenue Clearing, 6'h Place SW to South Relief Canal Bridge. Bid Number: 2008013 Project Address: 31st avenue SW to 43rd Avenue Clearing, 6th Palce SW to South Relief Canal Bridge ` Project Description: Land Clear "' A copy of said Contract is incorporated herein by reference and is made a part hereof as fully copied herein. ` Now, Therefore, the Conditions of this Obligation are such, that, if the Principal shall promptly make payments to all claimants, as herein below defined, then this obligation shall be void; otherwise, this Bond _ shall remain in full force and effect, subject to the following terms and conditions: A claimant is defined as any person supplying the Principal with labor, material or supplies, used directly or indirectly by the Principal or any subcontractor in the prosecution of the Work provided for in said Contract, and is further defined in Section 713.01 of the Florida Statutes. The provisions of Section 255.05 Florida Statutes shall apply. The above name Principal and Surety hereby jointly and severally agree with the County of Indian River .. that every claimant as herein defined, who has not bee paid in full before the expiration of a period of ninety (90) days after performance of the labor or after complete delivery of materials and supplies by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sums or sums as may be justly due claimant, and have execution thereon. The County of Indian River shall not be liable for the payment of any, costs or expenses of any such suit. No suit or action shall be commenced hereunder by any claimant: r Page 35 of 40 r Unless claimant, 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 claimant, other than one having direct contract with the Principal, shall within ninety (90) days r after such claimant's performance of the labor or complete delivery of materials 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. r After the expiration of one (1) year from the performance of the labor or completion of delivery of the materials or supplies; it being understood, however, that if any limitation embodied in this Bond is r prohibited by any law controlling the construction hereof, such limitations shall be deemed to be amended, so as to be equal to the minimum period of limitation permitted by such law. r . Other then in a state court of competent jurisdiction in and for Indian River County, Florida, or in the United States District Court for the Southern District of Florida, and not elsewhere. M The Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the -Contract or to the work to be performed thereunder or to the Specifications r applicable thereto, shall in any way affect its obligations on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to do the work or to the Specifications. r The Surety represents and warrants to the County of Indian River that it has a Best's Key Rating Guide, General Policyholder's rating of "A' and Financial Size Category of Class "X". r The Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one (1) year commencing on the date of Final Completion as established on the r Certificate of Final Completion as issued by the County of Indian River. The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses, �. damages, expenses, costs, and attorney's fees, including appellate proceedings that the County of Indian River sustains because of a default by the Principal under the Contract. +� In Witness Wher of, the above bound parties executed this instrument under their several seals, this _ I day of „ar.. .20-0-t the name and corporate seal of each corporate parry being hereth affixed and these presents duly signed by its undersigned representative, r pursuant to authority of its governing body. r M C C Page 36 of 40 e- When the Principal is and Individual: Signed, sealed and delivered in the presence of: Witness Address Address r Witness Signature of Individual Printed Name of Individual Printed Name of Individual Address ...................................................................................... When the Principal is a Sole Proprietorship or operated under a Trade Name: ,. Signed, sealed and delivered in the presence of: r Witness Name of Partnership .. By: Address Partner r Witness Printed Name of Partner Address (Seal) ...................................................................................... ` When the Principal is a Partnership: Signed, sealed and delivered in the presence of: i Name of Partnership Witness r By: Address Partner Printed Name of Partner Witness (Seal) Address .................................................................,........... y.......... Page 37 of 40 i When the Principal is a Corporation: Attesstt: yy Secretary Certificate as to Corporate Principal Clear Zone Maintenance, Inc. Official Title --�:.`.. I, certify that I am the Secretary of the orporati n named // as Principal in the within bond; the 10 signed the Ory said bond on behalf of the Principal was then r oo said Corporation; that I know his signature, and his 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. C c yn�% fH • ! (Seal) V Secretary To be executed by Corporate Surety: Attest: as per attached power of attorney Secretary Western Surety Company Corporate Surety 2405 Lucien Way , Maitland, Florida 32751 Business Addre nn By— (Affix Corporate Seal). ,E `.r �s �" D. Michael Stevens, Attorney-In-Facti Collinsworth, Alter, Lambert, Inc. Name of Local Agency 23 Eganfuskee Street, Suite 102 Jupiter, Florida 33477 Business Address Page 38 of 40 r. W State of Florida County of Palm Beach Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared r D. Michael Stevens to me well known, who being by me first duly swom upon oath, says that he is the attorney -in fact for the western Surety Company and that he has been authorized by them to execute the foregoing bond on behalf of r the Contractor named therein in favor of the County of Indian River, Florida. Subscribed and sworn before me this 7th day of February 20 08 r Notary Public, F�F✓'/��AC1 OW W W we W W ,1Y'PL� Melinda Rosenhaus ;?° -Corm ssion DD376818 9 'P`,'Eapins, DEC. 05, 2008 or fle; WW'W.AARCNN JTANY.rom Page 39 of 40 M Western Surety Company - POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation r having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint W Don A Lambert Jr, D Michael Stevens, Individually of Jupiter, FL, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, — undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - r and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. r In Witness Whereof, WESTERN SURETY COMPANY has caused theseresents to be signed gned by its Senior Vice President and its corporate seal to be hereto affixed on this 26th day of November, 2007. WESTERN SURETY COMPANY e «pp0gq �s �o ret=, • A v I r �rx oM� Paul . BruOat, Senior Vice President State of South Dakota County of Minnehaha 3 ss — On this 26th day of November, 2007, before me personally came Paul T. BruBat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and W which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. r My commission expires t++++++++++++++++.+ r D. DKRELL r r r r November 30, 2012 iEAL NOTARY PUBLIC r SOUTH DAKOTA SELL t r r CERTIFICATE D. Krell, No c_' r .,: F�.. LA k I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove Set ,°tr}h is Shl(jn L force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I hBgE„hp rrr{tnt� subscnl� i Y IMP my name and affixed the seal of the said corporation this day of 7tp sir rvl;.•c r s V o.,* Z cr>,00�} ss .^ der:': r WESTERN SURETY/t r 1«,4appnHq�� a� k Wei 4 oNs� r �� r Fonn F4280-09-06 L. Nelson, AssisfanfSecretary 61!26:2666 15:21 7725699565 HP:H 'JERO BEACH PAGE 01 ACORDTM CERTIFIC. .'E OF LIABILITY INSURANG. F ODUCER P"RFH 17m) 8N388 u' (TMS 6620180 DATE M�VDDrYI H111 ILB ROGAL B MOBBS OF FLORIDA, INC. • VERO BEACH TH19 CERTIFICATE p R38UED AS A MA 01728/200; 2046 11TH AVE. ONLY AND CONFERS NO RIDMTS UPON 7IiER �PoAIITAE710N P D G U 130 HOLDER TINS CERTIFICATE DOES NOT ANEND, EXTEND OR VERO BEACH FL 57861 ALTER CO RAGE AFFORDED eY TH P r BELOW_ INSURERS AFFORDING COVERAGE _. -.. INSURED NAIC 4 _. .. __ ___-._.._. _ _ CLEAR ZONE MAINTENANCE, INC "BYSVRER A BLta NENonRI Insurann CompB 7300 -4TH STREET INSURERS ProBroe{Ne SDOUnaBlBrrt — - 111 VERO BEACH FL 32868 INSURER C_ AMCOMP PREFERRBD INS. CO. 1 78784 - - _ IINSURERR _ _. _.._ __. __ _. __ _. L_- 'INSURERH tr COVERAGES 1 11 � .._ Pnv"m May HAVE SEEN REDUCED 8v _ ..• PNOC Lo f� __ _ A Lr POLILY MUMOIR FULA1 O N8RA1. UAWUTYLVFr RETENTION S E. L X B r 08 -,_ I COMMERCIAL GENERAL 1481LITY 1 11 � .._ Pnv"m May HAVE SEEN REDUCED 8v _ ..• PNOC e e ._.. N!'^•" •IADau _ _.. INAA P TYPE OFI URANCM __ _ .AMS. Lr POLILY MUMOIR FULA1 O N8RA1. UAWUTYLVFr RETENTION S E. L X STLI OD1 DET 500,000 08 -,_ I COMMERCIAL GENERAL 1481LITY C ANY FRDPRISTDINMYFSRAIitLvnv[ 800,000 CLNMS MADEj(; OCCUR DISEASE -POLICY LIMIT Y Itl, Mr 500,000 FPECML sms PFuVIMPti KE p[qy GEN' I i ' POLA:�W�L����IES LOC� r 0.UTOYO6LLELWLITy i X 03887618.1 OB/ ANYAUTO ... _.. ALL OwNi AVItlS ' SCHECULEO AUTOS X I HIREV ALTOS I X NON-ONNED AUTOS I GARAGE IIAMUTV . ANYAUTO SO WITH RESPECT TO "ICH THIS CERTIFICATE MAY BE BSUE�TORDINf, VBJECT TO ASL THE TERMS, EACLUSION3 ANO CONOITION8 OF SUCH r 6FFCtA4 _• .— -- --_. - PPLwrTxlRaTmN ._. -. _.. u1ETS ro21DT OSM2103 EACH OCCURRENCE t rfNM,DETAANTW -�; -._. .000 AREFRa26 RiI Mwynnl '100.000 NED ExpiA.,T4^A,WI- 'PERSONAL6ADV INJURY S. 1,000,000 �UENERAI, AGGREGATE Vit_ - 2,000,006 PRODUCTS-CObPI IIII ;i P QOQ,000- 28/07 08/28108 COMOII SINGE LIMIT ;E[Acckelq i I rBOD[ V INJLRY SOOI_Y INJURY- IPw&;R*mnll Li 0 4 I PROPERTY DAMAOC i IPFf [Yaa..Y D AUTC ONLY. r AGCIDENT 6 OTHER TPAX EAA-C f EACH OCCURRENCE `S AGGREGATE S 8XCE83I UMBIIRu IJANUTV OCCUR r-- III MADE i Lr WCVT076128 71113J07 ! 11113108 DEDUCTIBLE RETENTION S E. L EACH ACCIDENT WORKERS COMPENSATION ANO 500,000 EMPLOYERS UNLIT/ - C ANY FRDPRISTDINMYFSRAIitLvnv[ 800,000 DIFlCLMRlW{R lYCW p[Dt DISEASE -POLICY LIMIT Y Itl, Mr 500,000 FPECML sms PFuVIMPti KE p[qy OTHER: SO WITH RESPECT TO "ICH THIS CERTIFICATE MAY BE BSUE�TORDINf, VBJECT TO ASL THE TERMS, EACLUSION3 ANO CONOITION8 OF SUCH r 6FFCtA4 _• .— -- --_. - PPLwrTxlRaTmN ._. -. _.. u1ETS ro21DT OSM2103 EACH OCCURRENCE t rfNM,DETAANTW -�; -._. .000 AREFRa26 RiI Mwynnl '100.000 NED ExpiA.,T4^A,WI- 'PERSONAL6ADV INJURY S. 1,000,000 �UENERAI, AGGREGATE Vit_ - 2,000,006 PRODUCTS-CObPI IIII ;i P QOQ,000- 28/07 08/28108 COMOII SINGE LIMIT ;E[Acckelq i I rBOD[ V INJLRY SOOI_Y INJURY- IPw&;R*mnll Li 0 4 I PROPERTY DAMAOC i IPFf [Yaa..Y D AUTC ONLY. r AGCIDENT 6 OTHER TPAX EAA-C f EACH OCCURRENCE `S AGGREGATE S II DESCRIPTION OF OPE RATIONSILOCATIONSNEHICLE91EXCLUSIONS ADDED BY ENOORSEMENTI SPECIAL PROVISIONS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED ON GENERAL LIABILITY WITH RESPECT TO THE INSURED'S OPERATION. INDIAN RIVER COUNTY 1800. 27TH ST. VI REACH FL 52960 r Attention: JERRY DAVIS FAX 770.6140 ACORD 2S (2001108) 111096 SHOULD ANY OF INE ABOVE DESCRIBED EXPIRATION DATE THEREOF, THE ISSUING WRTTEN NOTICE TO THE CERTIFICATE W 10 OC SO SHALL IMPOSE NO OBLIGAVON OF IT'S AGENTS OR REPRESENTATIVES BE CANCELLED BEFORC THE WILL ENDEAVOR TO MNL 10 DAYS NED TO THE LEFT BUT FAILURE OF ANY KIND UPON TPF ,NSURER. IgE Ti. Thi9116� :ORD CORPORATION 1988 i1 WCVT076128 71113J07 ! 11113108 'TIWf LIMITS. '>THER E. L EACH ACCIDENT I[ 500,000 I I DISBASE-TN EMPLOYEE is- 800,000 E.I_ DISEASE -POLICY LIMIT it 500,000 II DESCRIPTION OF OPE RATIONSILOCATIONSNEHICLE91EXCLUSIONS ADDED BY ENOORSEMENTI SPECIAL PROVISIONS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED ON GENERAL LIABILITY WITH RESPECT TO THE INSURED'S OPERATION. INDIAN RIVER COUNTY 1800. 27TH ST. VI REACH FL 52960 r Attention: JERRY DAVIS FAX 770.6140 ACORD 2S (2001108) 111096 SHOULD ANY OF INE ABOVE DESCRIBED EXPIRATION DATE THEREOF, THE ISSUING WRTTEN NOTICE TO THE CERTIFICATE W 10 OC SO SHALL IMPOSE NO OBLIGAVON OF IT'S AGENTS OR REPRESENTATIVES BE CANCELLED BEFORC THE WILL ENDEAVOR TO MNL 10 DAYS NED TO THE LEFT BUT FAILURE OF ANY KIND UPON TPF ,NSURER. IgE Ti. Thi9116� :ORD CORPORATION 1988