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HomeMy WebLinkAbout2007-060 0 7 � 9Q. dL it 4 �� �I z �LOR_ CONTRACT DOCUMENTS AND SPECIFICATIONS FOR GIFFORD PARK SECURITY HOUSE BID NO , 2007033 PROJECT NO , 0503 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA GARY C . WHEELER , CHAIRMAN SANDRA L . BOWDEN , VICE-CHAIRMAN COMMISSIONER WESLEY S . DAVIS COMMISSIONER JOSEPH E . FLESCHER COMMISSIONER PETER D . O ' BRYAN JOSEPH A. BAIRD, COUNTY ADMINISTRATOR JEFFREY K. BARTON , CLERK OF COURT WILLIAM G . COLLINS, Il , COUNTY ATTORNEY JAMES W . DAVIS , P. E . , PUBLIC WORKS DIRECTOR CLIFFORD J . SUTHARD , P . E . , PROJECT ENGINEER SITE PLAN BY AS TO SECTION 1609 MBV ENGINEERING INC . FLORIDA BUILDING CODE 2004 2455 14 Avenue KSM ENGINEERING & TESTING . INC. Vero Beach , Florida 32960 P. O . Box 78- 1377 Date Prepared : November 2005 Sebastian , Florida 32978 y. r Indian River County � giVER Purchasing Division 184025 1h Street A z .. Vero Beach, FL 32960 �LOR1�Q' Phone (772) 567-8000 Fax (772) 770-5095 Ext. 1416 ADDENDUM NO. 1 Date: December 27, 2006 Project Name: Gifford Park Security House r Bid Number : 2007033 Bid Opening Date: January 10, 2007 at 2 : 00 pm * * * * * * * * * * * * *This Addendum MUST be returned with your Bid* * * * * * * * * * * * * * r IN THE TECHNICAL SPECIFICATIONS, Article 1 .12 Building Construction and Site Work Standards, page 26 of 40, ADD the following paragraphs : r "B . Soffits to be a minimum of .016 aluminum, painted, and vented. Fascia covering to be a minimum of .019 aluminum, painted. C. Porch ceiling material to be a minimum of 1/2" exterior plywood B-C with all seams to be trimmed and finished painted. D . Shower to have tiled walls, include cost in item 2 .A.2 E . FPL will install the buried electrical service form the transformer to the meter base." r IN THE BID FORM, PAGE 29, BELOW THE BID SCHEDULE, ADD the following note : "NOTE : The cost of preparation of all substrate to receive items 2.A.1 through 2.E.1 shall be included in bid item number 1 ." r IN THE TECHNICAL SPECIFICATIONS , page 24 , Article 1 .04 SUBMITALS ,. (SAMPLES), DELETE paragraph C. Page 1 of 2 Addendum No . 1 3rd Bid Security House.doc r All Bids must be mailed to the Purchasing Division office located at 1840 25th Street or hand delivered to 2525 St. Lucie Ave. , Vero Beach, FL 32960 Prior to the Date and Time • shown above . Late bids will be returned unopened. Company Name Passaae Island Homes , Inc . • Name : Brian F . Adams Title : President (Type / Printed) Authorized Signature : "'at, : TFIA/ . �' X00 '7 + Telephone : 772 - 257 - 3500 Fax : 772 - 257 - 3007 • • • • • • + Page 2 of 2 2007033 Addendum No . I - g VEIL Indian River County Q Purchasing Department a - 184025 1h Street Vero Beach, FL 32960 *�LORIOQ' - Phone (772) 567-8000 Fax (772) 770-5140 Invitation to Bid Project Name : GIFFORD PARK SECURITY HOUSE Bid # : 2007033 r Bid Bond Required: No — Performance Bond Required: No Payment Bond Required : No Pre Bid Meeting: No Refer Technical Specifications Questions to : r Clifford Suthard, Project Engineer Phone: (772) 567-8000 X-1942 Fax: (772) 778-9391 Email: csuthard@ircgov.com Refer General Terms & Conditions Questions to : Jerry Davis, Purchasing Manager Phone : (772) 567-8000 ext 1416 Fax : (772) 770-5140 r Email : purchasine(a irceov.com r Bid Opening Date : January 3, 2007 r Bid Opening Time: 2 : 00 P.M. Bids mailed in should be addressed to Purchasing Division, 1840 25th Street, Vero Beach, Florida 32960. Bids 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 P.M. All bids received after 2 : 00 P .M. , of the - day specified above, will be returned unopened. PLEASE SUBMIT ONE (1) ORIGINAL AND TWO (2) COPIES OF YOUR BID r - Page 1 of 40 ADVERTISEMENT FOR BID a Notice is hereby given that the Indian River County Board of County Commissioners is calling for and requesting bids for the following : a Indian River County Bid #2007033 Indian River County is accepting sealed bids for GIFFORD PARK SECURITY HOUSE . a The work for this project shall consist of construction of concrete block masonry, single family, residential unit with related finishes and furnishings; gravity sewer service facilities and apprentices; and a water service main and apprentices . a Detailed plans, specifications and bid documents are available at the Public Works Department, 3 `d Floor County Administration Building, Room # 5316, 1840 25th Street, Vero Beach, Florida, (772) 226- 1379 . A non-refundable fee of $75 .00 is required for each set of documents, which represents printing and mailing costs. Deadline for receipt of bids has been set for 2 : 00 P.M. on January 3, 2007. Only bids received on or ,. before the time and date listed will be considered. 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 a INDIAN RIVER COUNTY a Publish : a Date : December 13 , 2006 _ For Publication in the Press Journal Please furnish Tear Sheet, Affidavit of Publication, and Invoice to : Indian River County a Purchasing Division 184025 th Street Vero Beach, FL 32960 a a a Page 2 of 40 r INSTRUCTIONS TO BIDDERS a 1 . DEFINITION OF TERMS Addenda: Any interpretations or revisions, in a written, telegraphic or graphic form to any of the contract documents received by Bidders before the opening of bids. a Authorized Representative: Any representative of the County, whether or not a County employee, designated as the County's authorized representative for the purposes of this contract either in a provision of these specifications or in written communication from the County Administrator to the CONTRACTOR. a Bidder: Any person, firm, corporation, organization or agency submitting a bid for the work proposed or a duly authorized representative. a Bonds: Bid, performance, maintenance or payment sureties are not required as part of these contract documents. Change Order: A written order to the Contractor, signed by the OWNER and the Engineer, + authorizing an addition, deletion or revision in the work issued after the award of contract. Such change order may increase or decrease the contract cost and/or times required and/or work required performing the contract a Contract or Agreement: The written agreement executed by the OWNER and the CONTRACTOR for the performance of the work. The contract shall be substantially in the form provided in these specifications. CONTRACTOR: The person, firm, corporation, organization or agency with whom the OWNER a has executed a contract for performance of the work or supply of equipment or materials or his duly authorized representative. a Engineer: NOV Engineering, Inc for site work, Ronald G. Keller. P .E. as to Section 1609 FL Building Code 2004, and Indian River County Public Works Department for Gifford Park Security House OWNER or County: Board of County Commissioners, INDIAN RIVER COUNTY or its authorized representative. + Plans: Drawings or reproductions thereof furnished by the Engineer pertaining to the Project as follows: TITLE SHEET NO. + Site Plan Cl of 2* Details C2 of 2* Plan/Elevation/Section 1 of 2 + Electrical/AC/Foundation 2 of 2 Roof Structural S1 Truss Placement Plan 1 of 1 a NOTE : Water & sanitary sewer facilities shown on Sheets Cl & C2 of 2 will be constructed by Indian River County Utilities Department crews. Contractor shall coordinate all activities with those " crews and shall make all plumbing connections to those facilities. Bid Item 1 includes the plumbing connections to the 8" sanitary main at the sanitary cleanout at the northeast corner of the house where shown on Sheet 1 of 2, and the house water main plumbing and connection to the 1 " gate a valve shown on Sheet Cl of 2 at the northeast comer of the house. r Page 3 of 40 Specifications : The directions, provisions and requirements contained herein, together with all written agreements made setting out or relating to the method and manner of performing the requested services, the quality of material and personnel to be furnished under the contract. All applicable laws of the State of Florida, the Federal Government and the rules and regulations of the County of Indian River are hereby adopted and made a part hereof as specifications. Subcontractor: Any person, firm or corporation other than the CONTRACTOR supplying labor or materials for work being performed under these specifications. Substantial Completion : The date certified by the Engineer when the construction of the Project, or a specified part thereof, is sufficiently completed, in accordance with the Contract Documents, so that the Project or specified part can be utilized for purposes for which it was intended. Time of Completion : The number of calendar days to achieve substantial completion and complete the work so that it is ready for payment as recommended by the Engineer. Work: All labor, materials and incidentals required for the construction of the improvement for which the contract is made, including superintendents, use of equipment, and tools, and all services and responsibilities prescribed or implied, which are necessary for the complete performance by the CONTRACTOR of his obligations under the Contract. Unless otherwise specified herein or in the Contract, all costs of liability and of performing the work shall be at the Contractor' s expense. 2. SPECIFICATIONS All sections of the specifications and all supplementary documents are essential parts of the contract and requirements occurring in one area as though occurring in all. The specifications and documents in their entirety shall be included in, and made a part of, the contract between the County and the successful bidder. In the event there is any conflict between the terms and conditions contained in the specifications, the precedence of the specifications shall be as follows: Addenda or modifications of any nature, if any Supplementary conditions, if any Technical specifications, if any Special provisions General conditions Instructions to bidders Bid form Invitation to bid There will be no oral interpretations of these specifications. Any bidder/proposers in doubt as to the true meaning of any part of the specifications or related documents may submit a written request to .. the Purchasing Manager for interpretation thereof. The Purchasing Manager shall receive all requests for interpretation or corrections no later than ten (10) days prior to the deadline for submitting bids/Bids. Any interpretation to a bidder will be made only by an addendum duly issued +, and a copy of such addendum will be mailed and delivered to each bidder receiving a set of documents. Page 4 of 40 3, BOND REQUIREMENTS • Bonds are not required for this contract. • 4. PREPARATION OF BIDS Bids shall be submitted in triplicate on the prescribed form provided in these specifications. All • copies must be plainly marked by the bidder who will be responsible for their correctness. All blank spaces must be filled in as noted in ink or type. Bids having erasures or corrections must be initialed in ink by the bidder. r Only one bid from any individual firm, corporation, organization or agency under the same or different name shall be considered. Should it appear to the OWNER that any bidder is interested in more than one bid, all bids in which such bidder has interest would be rejected. If SUBCONTRACTORS are allowed, bids shall be accompanied by a list of all SUBCONTRACTORS that the bidder proposes to employ, subcontractor shall not be changed without approval of the OWNER. r Any deviation from these specifications must be explained in detail. Otherwise, it will be considered that labor, materials and equipment bid is in strict compliance with these specifications and the successful bidder will be held responsible for meeting those specifications. Any exceptions or r clarifications to any section of the specifications shall be clearly indicated on a separate sheet(s) attached to the bid form and shall specifically refer to the applicable specification paragraph and r page. A bidder is expected to fully inform himself as to the requirements of the specifications and failure r to do so will be at his own risk. A bidder shall not expect to secure relief on the plea of error. No alternate bids shall be submitted unless specifically requested in the Invitation to Bid documents. Bidders are notified that the estimates of the quantities of the various items of Work and materials as set forth in the Bid Form are approximate only and are given solely to be used as a uniform basis for r the comparison of Bids. The quantities actually required to complete the Work may be less or more than so estimated, and, if so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. r Furthermore, the OWNER reserves the right: 1 ) to omit in its entirety any one or more items of the Work without forfeiture of the Contract or claims for loss of anticipated profits or any claims by the r Contractor on account of such omission; 2) to add to the construction of any portion of the Work shown in the Contract Documents; and 3) and to adjust the price in accordance with the unit prices in the Bid Form. 5, QUALIFICATIONS OF BIDDERS 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 r reject the bid. The CONTRACTOR shall be appropriately licensed as required by the Indian River County Building Department. r Page 5 of 40 r 6. RECEIPT AND OPENING OF BIDS All bids must be submitted in a sealed envelope, addressed and mailed or delivered as stated in the Invitation to Bid. Any bidder may withdraw his bid either personally or by written communication at any time prior to the scheduled closing time for the bid. The bidder shall submit his bid on the form furnished along with all information indicated on the form. Bids shall be in the units specified for each item. The bidder shall enter the company name .. wherever the bid form so indicates . Bids shall be opened and publicly read at the time and place indicated in the Invitation to Bid. 7, CONSIDERATION OF BIDS AND AWARD OF CONTRACT The contract will be awarded to the lowest responsible and responsive bidder whose bid, conforming to the specifications and/or instructions to bidder, will be the most advantageous to the County, price and other factors considered. In evaluating Bids, OWNER shall consider the qualifications of the r, BIDDERS , whether or not the Bids comply with the prescribed requirements, and alternates and unit prices if requested in the Bid forms. It is OWNER'S intent to accept alternates (if any are accepted) in the order in which they are listed in the Bid form, but OWNER may accept them in any order or combination. The OWNER reserves the right to select, from among the various Bid alternates, those alternates to be included in the final Contract as well as the right and option to award or rebid alternates in any sequence or at any time deemed to be in the best interest of the OWNER. r, The OWNER reserves the right to award the contract to other than the low bidder for such reasons as acceptability of specific products or designs, delivery times, warranties, past performance, unacceptable deviations or exceptions taken to these specifications or degree of compliance with any other requirement of these specifications. Further, OWNER shall have the right to consider price, quality, time required for performance and qualifications of the bidder in making the award. The OWNER reserves the right to waive any and all irregularities and to reject any or all bids in the best interest of the OWNER and award the contract to the responsible bidder whose bid is determined to be in the best interest of the County. If the contract is awarded, the OWNER will accept the bid and award the contract to the successful a bidder within sixty (60) days after the opening of the bids, by written notice to the successful bidder. The award of the contract will be made to one CONTRACTOR only for all work to be done. Failure on the part of the successful bidder to execute a contract within fifteen (15) days after the notice of acceptance shall be just cause for annulment of award. The OWNER may then accept the bid of the next best-evaluated bid or re-advertise for bid. If the bid of the next bidder is accepted, this acceptance shall bind such bidder as though he were the original successful bidder. For and in consideration of the County considering Bids submitted, the Bidder, by submitting its Bid, expressly waives any claim to damages, of any kind whatsoever, in the event the County exercises its right to cancel the award in accordance herewith. Furthermore, the County reserves the right: to omit in its entirety any one or more items of the Work without forfeiture of the Contract or claims for loss of anticipated profits or any claims by the successful Bidder as Contractor on account of such omission; and to add to the construction of any portion of the Work shown on the .. Specifications. Page 6 of 40 • 8. ACCEPTANCE OF OFFER The signed bid shall be considered an offer on the part of the bidder; such offer shall be deemed accepted upon completion of all steps in the purchasing process and issuance by the County of a contractual document. 9. PERFORMANCE All material and parts shall be bid F. O.B. Destination, at the job site. 10. ADDENDA Addenda issued by OWNER prior to the bid opening shall be binding as if written into the specifications. Bidders shall acknowledge receipt of the same as indicated on the bid form. 11 . 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; 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. 12. PUBLIC DISCLOSURE STATEMENT Conflict of Interest: Any entity submitting a bid or entering into a contract with the County shall disclose any relationship that may exist between the contracting entity and a County Commissioner or County employee. The relationship with either 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, 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. (Form provided in the Forms Section of this Bid). Failure to submit form may be cause for rejection of bid. Page 7 of 40 i 13. TRENCH SAFETY Florida Statutes Sections 553 .60 through 553 . 64, known as the "Trench Safety Act", requires all contractors engaged by Indian River County, Florida to comply with the Occupational Safety and Health Administration's excavation safety standards, found in 29 C.F.R. Subpart P, sections 1926 .650- 1926 .652 . All prospective contractors are required to complete and sign the Trench Safety Act Compliance Statement and provide compliance cost information where indicated. The costs for compliance with the Trench Safety Act must be incorporated into this Project's base Bid. * * END INSTRUCTIONS TO BIDDERS * * i i i i r i i Page 8 of 40 a GENERAL CONDITIONS 1 . RESPONSIBILITIES OF THE CONTRACTOR Performance : The CONTRACTOR shall perform all authorized work initiated by the OWNER promptly and diligently in a good, proper and workmanlike manner in accordance with these Specifications. The CONTRACTOR, in doing the work, shall have the freedom to perform the authorized work by such means and in such a manner as he may choose within the limits of these Specifications. Employees of the CONTRACTOR shall not be deemed employees of the OWNER for any purposes whatsoever. i Materials, Services and Facilities : The CONTRACTOR shall provide and pay for all labor, tools, equipment, utilities, transportation and materials and these shall be of a high quality in every respect. The CONTRACTOR' S employees shall be as clean and in good appearance as the job conditions permit and shall conduct themselves in an industrious and courteous manner. Modem tools kept in good working order shall be utilized. Adequate first aid supplies shall be provided by the CONTRACTOR and shall be accessible to the employees. i Subcontractor: The CONTRACTOR may utilize service or specialty SUBCONTRACTORS on those parts of the work, which under normal contracting practices, are performed by specialty ' SUBCONTRACTORS . The following provisions shall apply: The CONTRACTOR shall notify the OWNER in writing of any subcontract that is to be i utilized. The CONTRACTOR shall be as fully responsible to the OWNER for acts and omissions of i persons directly or indirectly employed by him as he for the acts and omissions of persons strictly employs him. i Nothing contained in this contract shall create any kind of contractual relationship between the SUBCONTRACTORS and the OWNER. i Compliance with Laws and Regulations : All County, State and Federal law, regulations or ordinances must be strictly observed. CONTRACTORS shall be responsible for all practical and i legal notices and signals to the public while the work is in progress and shall take precautions that may be necessary to protect life and property. i Indemnification : CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its agents, employees, elected officers and representatives, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Contract; or by or on account of, any claim or amounts recovered from any infringement of patent, trademark or copyright by the i CONTRACTOR in the performance of the Contract. This indemnification and hold harmless provision shall survive the termination or expiration of the Contract. Conduct of the Work: All parts and materials to be permanently installed shall be new and of the most suitable grade for the purpose intended. Equipment shall be modern, in good condition, and of adequate size and proper type to perform the duty required. i Page 9 of 40 Permits and Licenses : INDIAN RIVER COUNTY as OWNER shall procure all permits, pay all charges and fees and give all notice necessary and incidental to the performance of the work. The COUNTY will obtain site plan approval and will pay all impact fees. Contractor shall procure all licenses and obtain the Indian River County building permit at actual cost. Fiscal Non-Funding: In the event sufficient budgeted funds are not available for a new fiscal period, the County shall notify the vendor of such occurrence, and the contract shall terminate on the last day of the current fiscal period without penalty or expense to the County. ' Liens : This project is a "Public Works" under Chapter 255 , Florida Statutes. No liens may be filed against the OWNER. Pursuant to Florida Statues Section 255 . 05( I )(a)(2006), any claimant may apply to the OWNER for a copy of this Contract and the associated payment and performance bonds. The claimant shall have a right of action against the CONTRACTOR for the amount due him. Such action shall not involve the OWNER in any expense. Claims against the CONTRACTOR are subject to the time and notice provisions as specified in Florida Statutes Section 255 .05 (2). Before the final acceptance of the work and payment by the OWNER, the CONTRACTOR shall furnish to the OWNER proper satisfactory evidence, under oath, that all claims for labor and materials employed or used in the construction of said work have been settled and no legal claim can be filed against the OWNER for such labor and materials. If such evidence is not furnished to ' the OWNER, such amounts as maybe necessary to meet the unsatisfied claims maybe retained from moneys due to the CONTRACTOR under this contract until the liability shall be fully discharged. 2. 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, all 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. All 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. Page 10 of 40 3. SAFETY AND PROTECTION Safety. The CONTRACTOR shall firmish and install all necessary equipment and facilities for the protection of the workers and the safety of the public and shall cant' on this work in a manner best calculated to avoid injury to the public or to the workers. Protection of Adjacent Properly 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 all 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. 4. TERMINATION/DEFAULT If the CONTRACTOR shall be adjudged as bankrupt, or if he should make a general assignment for the benefit of his creditor(s), or if a receiver shall be appointed for the CONTRACTOR, or if he should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper i materials, or if he should refuse or fail to make payment to persons supplying labor or materials for the work under the contract, or persistently disregards instructions of the OWNER, or fails to observe or perform, or otherwise be in substantial violation of, any provision of the contract documents, then the OWNER, after serving at least ten (10) days prior written notice to the CONTRACTOR of its intent to terminate, and such default shall continue unremedied for a period of seven (7) days after receipt by the Contractor of such notice, may terminate the contract without prejudice to any other rights or remedies and take possession of the work; and the OWNER may take possession of, and utilize in completing the work, such materials, appliances and equipment as may be on the site of the work and necessary therefore. The CONTRACTOR shall be liable to the OWNER for any damages resulting from such default. 5. DELAY Notwithstanding the contract schedule, the County shall have the right to delay performance for up to three (3) months as necessary or desirable, and such delay shall not be deemed a breach of contract, but the contract schedule shall be extended for a period equivalent to the time lost by reason of the County's delay. a If the work is stopped or delayed for more than three (3 ) months, either in whole or in substantial part, either the County or CONTRACTOR may elect to terminate the contract because of such delay. a If such stoppage or delay is due to actions taken by the County within its control, CONTRACTOR' S sole remedy under the contract shall be reimbursement for costs reasonably expended in preparation for or in performance of the contract plus CONTRACTOR' S lost profit for the period of a CONTRACTOR' S performance on the jobsite. If the performance of the contract is delayed by fire, lightning, earthquake, cyclone or other such a cause completely beyond the control of either the County or CONTRACTOR, then the time for completion of the contract shall be extended for a period equivalent to the time lost by reason of any of the aforesaid causes. a Page 11 of 40 6. WARRANTY/GUARANTEE CONTRACTOR warrants and guarantees to OWNER that all materials will be new unless otherwise specified and that all work will be of good quality and free from defects and in accordance with the Specifications. CONTRACTOR agrees to remedy promptly and without cost to OWNER, any defective materials or workmanship that appear within one (1) year from the date of completion of the work. This includes all allowance items . The OWNER and CONTRACTOR agree that a warranty inspection shall be scheduled no later than eleven ( 11 ) months after final payment under the Contract so that the OWNER and the CONTRACTOR may inspect and otherwise examine the Work prior to the expiration of the Performance Bond. No provision contained in these Specifications shall be held to limit CONTRACTOR' S liability for defects to less than the legal limit of liability in accordance with law. No provision contained in these Specifications shall be held to limit the terms and conditions of the Manufacturer's Warranty and CONTRACTOR shall secure parts, materials and equipment to be installed with Manufacturer's full warranty as to parts and service for one (1) year wherever possible. 7. ASBUILT DRAWING REQUIREMENTS Prior to Final Acceptance, the CONTRACTOR shall submit to the OWNER two (2) sets of Asbuilt r Plans. This plan set shall show the exact way in which the installation was constructed, including all changes during the course of the project. As a minimum, the plan set shall show the following: s Elevations; Structure/facilities dimensions, sizes and locations; site grades; appliance manuals, types, models, warranties. The CONTRACTOR shall correct any errors to the As-Built plans upon review by the ENGINEER before Final Acceptance is complete. 8. NOTICES Notices to the CONTRACTOR pursuant to these Specifications shall be deemed to have been properly sent when mailed to the CONTRACTOR at the address provided on the bid form. Notices to the County shall be deemed to have been properly sent when mailed to the Indian River County Purchasing Division, 1840 25`h Street, Vero Beach, Florida 32960 and copied to Indian River County Public Works Department. 9. DISPUTE Except as otherwise provided in this contract, any dispute concerning a question of fact or of interpretation of a requirement of the contract which is not disposed of by mutual consent between the parties shall be decided by the PUBLIC WORKS DEPARTMENT, James W. Davis, P .E. , Public Works Director or his representative, who shall reduce the decision to writing and furnish a copy thereof to the parties. In connection with any dispute proceeding under this clause, the party shall be afforded an opportunity to be heard and to offer evidence in support of its version of the facts and interpretation of the contract. Page 12 of 40 r The PUBLIC WORKS DEPARTMENT, James W. Davis, P.E. , Public Works Director or his representative shall make such explanation as may be necessary to complete, explain or make • definite the provisions of this contract and the findings, and conclusions shall be final and binding on both parties. Pending the final decision of a dispute thereunder, CONTRACTOR shall proceed diligently with its performance of the contract in accordance with the preliminary directions of the PUBLIC WORKS DEPARTMENT, James W. Davis, P. E. , Public Works Director. • 10. 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 the convenience of the County, and/or with or without cause. r 11 . CHANGE IN CONTRACT PRICE The contract price may only be changed by Change Order or by adjusting quantities of the unit price items. The Owner reserves the right to change quantities of work in the unit price items. Value of unit price items shall remain the same regardless of quantity revisions above or less than amount in r bid documents. r 12. SUBSURFACE CONDITIONS In preparation of these contract documents the owner and consultant relied upon the following r reports : Soil Borings — Gifford Security House; KSM 503667, dated April 21 , 2005 prepared by KSM r Engineering & Testing, Inc . Copies may be obtained in the office of the Public Works Department, 1840 25`h Street, Vero Beach, Florida 32960. * * END GENERAL CONDITIONS * * r r r r r Page 13 of 40 r SPECIAL PROVISIONS r 1 . SCOPE These Special Provisions shall supplement the General Conditions and shall govern purchases by the r County of Indian River under these Specifications, except that technical specifications, if any, will govern if any conflict arises between such technical specifications and these Special Provisions. 2, DESCRIPTION OF THE WORK/ALTERATIONS The work for this project shall consist of constructing : • Concrete block masonry, single family, residential unit with related finishes and furnishings. • Gravity sewer connections for the above. r • Water service main connections for the above. • All the above together with miscellaneous related incidentals. r Extra work: Without invalidating the contract, the OWNER may at any time, by written change order and without preliminary notice to the surety, order extra work within the general scope or alter the work by addition or reduction, and the contract price will be adjusted accordingly. Changes in work: The County shall have the right to suspend work wholly or in part for such period or periods as may be deemed necessary due to unsuitable weather or other conditions, which the County considers unfavorable for the work to proceed. No allowance of any kind will be made for such suspension of work except an equivalent time for completion of the contract. r Changed conditions: If during the progress of work, field conditions are found to differ materially from those covered by the Specifications or from those which could reasonably have been foreseen r by the CONTRACTOR after examination of the site, the CONTRACTOR shall call such conditions to the attention of the OWNER and necessary changes will be made to the Specifications. If these changes entail extra work or materials and the value of such work has not been determined by unit price under the contract, the values of such work or change shall be determined by negotiation. The OWNER and CONTRACTOR shall execute a change order to the contract at mutually satisfactory unit prices or lump sums for any extra work, addition or deletion made necessary by such changed r conditions and requested by the County. 3, COMMENCEMENT OF WORK The work shall commence immediately upon receipt of a Notice to Proceed. 4, TIME OF COMPLETION The work shall be completed within the time slated on the Bid Form, page 27 , as time required to Substantially Complete all work. Time is of the essence in the performance of the work under this contract. r Page 14 of 40 a 5, 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 ENGINEER. No additional payment a shall be made to the CONTRACTOR except for additional work or materials as stated on a valid written change order issued by the County prior to the performance of the work or delivery of materials. Should the Time of Completion be extended by Change Order beyond 90 calendar days monthly partial payments will be made to the Contractor prorated based upon the agreed percentage of work completed less 10% retainage. 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. 6. EXAMINATION OF THE SITE a 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. r Arrangements to visit the work site may be made by contacting Indian River County Public Works Department. a 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 i to submission of the bid. a 7, 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 a work is being done under this contract with its own forces. Work by Other CONTRACTORS : The County hereby reserves the right to permit other a 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 a 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. a * * END SPECIAL PROVISIONS * * a Page 15 of 40 SUBMITTALS �. PART 1 : GENERAL, 1 .01 DESCRIPTION OF REQUIREMENTS s A. This Section specifies the general methods and requirements of submissions applicable to the following work-related submittals: Shop Drawings, Product Data, Samples, Construction Photographs, and Construction or Submittal Schedules. Additional general submission requirements are contained in the General Conditions. Detailed submittal requirements will be specified in the technical specifications sections. B . All submittals shall be clearly identified by reference to Specification Section, Paragraph, Drawing No. or Detail as applicable. Submittals shall be clear and legible and of • sufficient size for sufficient presentation of data. 1 .02 SHOP DRAWINGS, PRODUCT DATA, SAMPLES r A. Shop Drawings 1 . Shop drawings include, but are not necessarily limited to, custom-prepared data such as fabrication and erection/installation (working) drawings, scheduled information, setting diagrams, actual shop work manufacturing instructions, custom templates, special wiring diagrams, coordination drawings, individual system or equipment inspection and test reports including performance curves and certifications, as applicable to the Work. r 2 . The CONTRACTOR shall be responsible for submitting the shop drawings at the r proper time so as to prevent delays in delivery of materials. 3 . The CONTRACTOR shall check all subcontractors ' shop drawings regarding measurements, size of members, materials, and details to satisfy himself that they conform to the intent of the Drawings and Specifications. Shop drawings found to be inaccurate or otherwise in error shall be returned to the subcontractors for correction before submission thereof. 4. All details on shop drawings submitted for approval shall show clearly the relation of the various parts to the main members and lines of the structure, and where correct fabrication of the work depends upon field measurements, such measurements shall be made and noted on the drawings before being submitted for approval. 5 . Submittals for equipment shall include a listing of all installations where identical or similar material has been installed and been in operation for a period of at least one year. B . Product Data 1 . Product data include, but are not necessarily limited to, standard prepared data for .. manufactured products (sometimes referred to as catalog data), such as the manufacturer's product specification and installation instructions, availability of colors and patterns, Page 16 of 40 i manufacturer's printed statements of compliances and applicability, roughing-in diagrams and templates, catalog cuts, product photographs, standard wiring diagrams, printed performance curves and operational-range diagrams, production or quality control inspection and test reports and certifications, mill reports, product operating and maintenance instructions and recommended spare-parts listing and printed product warranties, as applicable to the Work. C . Samples i 1 . Samples include, but are not necessarily limited to, physical examples of the work such as sections of manufactured or fabricated work, small cuts or containers of i materials, complete units of repetitively-used products, color/texture/pattern swatches and range sets, specimens for coordination of visual effect, graphic symbols and units of work to be used by the ENGINEER or OWNER for independent inspection and testing, as i applicable to the Work. 1 .03 CONTRACTOR' S RESPONSIBILITIES r A. The CONTRACTOR shall review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: i 1 . Field measurements r 2. Field construction criteria 3 . Catalog numbers and similar data 4. Conformance with the Specifications r B . Each shop drawing, sample and product data submitted by the CONTRACTOR shall have affixed to it the following Certification Statement including the CONTRACTOR's r Company name and signed by the CONTRACTOR: "Certification Statement: by this submittal, I hereby represent that I have determined and verified all field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings and all Contract requirements. " Shop drawings and product data sheets 11 -in x 17-in and smaller shall be bound together in an orderly fashion and bear the above Certification .. Statement on the cover sheet. The cover sheet shall fully describe the packaged data and include a listing of all items within the package. Provide to the Resident Project Representative a copy of each submittal transmittal sheet for shop drawings, product data i and samples at the time of submittal of said drawings, product data and samples to the ENGINEER. .. C . Notify the ENGINEER in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. i D. The review and approval of shop drawings, samples or product data by the ENGINEER shall not relieve the CONTRACTOR from his/her responsibility with regard to the fulfillment of the terms of the Contract. All risks of error and omission are assumed by i the CONTRACTOR and the ENGINEER will have no responsibility therefore. E . No portion of the work requiring a shop drawing, sample, or product data shall be started i nor shall any materials be fabricated or installed prior to the approval or qualified approval of such item. Fabrication performed, materials purchased or on-site Page 17 of 40 construction accomplished which does not conform to approved shop drawings and data shall be at the CONTRACTOR's risk. The OWNER will not be liable for any expense or + delay due to corrections or remedies required to accomplish conformity. F. Project work, materials, fabrication, and installation shall conform to approved shop drawings, applicable samples, and product data. 1 .04 SUBMISSION REQUIREMENTS a. A. Make submittals promptly in accordance with approved schedule, and in such sequence + as to cause no delay in the Work or in the work of any other contractor. B . Each submittal will be returned within 15 working days following receipt of submittal by + the ENGINEER. C . Number of submittals required: 1 . Shop Drawings as defined in Paragraph 1 . 02 A: Six (6) copies. 2. Product Data as defined in Paragraph 1 . 02 B : Six (6) copies . + 3 . Samples: Submit the number stated in the respective Specification Sections . D. Submittals shall contain: 1 . The date of submission and the dates of any previous submissions. 2 . The Project title and number. 3 . CONTRACTOR identification. 4. The names of: a. CONTRACTOR b. Supplier C. MANUFACTURER 5 . Identification of the product, with the specification section number, page and + paragraph(s) . 6. Field dimensions, clearly identified as such. 7 . Relation to adjacent or critical features of the Work or materials. 8 . Applicable standards, such as ASTM or Federal Specification numbers. 9. Identification of deviations from Contract Documents . 10. Identification of revisions on resubmittals. .� 11 . An 8-in x 3 -in blank space for CONTRACTOR and ENGINEER stamps. 1 .05 REVIEW OF SHOP DRAWINGS, PRODUCT DATA, WORKING DRAWINGS AND .. SAMPLES A. The review of shop drawings, data, and samples will be for general conformance with the + design concept and Contract Documents. They shall not be construed: 1 . as permitting any departure from the Contract requirements; + 2 . as relieving the CONTRACTOR of responsibility for any errors, including details, dimensions, and materials; 3 . as approving departures from details furnished by the ENGINEER, except as otherwise provided herein. Page 18 of 40 B . The CONTRACTOR remains responsible for details and accuracy, for coordinating the work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly, and for performing work in a safe manner. C . If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which ENGINEER finds to be in the interest of the OWNER and to be so minor as not to involve a change in Contract Price or time for performance, the ENGINEER may return the reviewed drawings without noting an exception. D. Submittals will be returned to the CONTRACTOR under one of the following codes. Code 1 -"APPROVED" is assigned when there are no notations or comments on the submittal. When returned under this code the CONTRACTOR may release the _ equipment and/or material for manufacture. Code 2 -"APPROVED AS NOTED" is assigned when notations or comments have been made on the submittal pointing out minor discrepancies as compared with the Contract Documents . Resubmittal or confirmation is not necessary prior to release for manufacturing. Code 3 -"APPROVED AS NOTED/CONFIRM" . This combination of codes is assigned when a confirmation of the notations and comments is required by the CONTRACTOR. The CONTRACTOR may release the equipment or material .. for manufacture; however, all notations and comments must be incorporated into the final product. This confirmation is to address the omissions and/or nonconforming items that were noted. Only the items to be "confirmed" need to be resubmitted. Code 4 -"APPROVED AS NOTED/RESUBMIT " . This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into ,. the final product. This resubmittal is to address all comments, omissions and non- conforming items that were noted. Resubmittal is to be received by the ENGINEER within 20 calendar days of the date of the ENGIlVEER's transmittal .. requiring the resubmittal. Code 5 -"NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. The CONTRACTOR must resubmit the entire package revised to bring the submittal into conformance. It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. Code 6 -"COMMENTS ATTACHED" is assigned where there are comments attached to the returned submittal, which provide additional data to aid the CONTRACTOR. Code 7 —"FOR YOUR INFORMATION" is assigned when the package provides information of a general nature that may or may not require a response. Codes 1 through 5 designate the status of the reviewed submittal with Code 6 showing there has been an attachment of additional data. Code 7 is used as may be necessary. Page 19 of 40 E . Resubmittals will be handled in the same manner as first submittals. On resubmittals the CONTRACTOR shall direct specific attention, in writing on the letter of transmittal and on resubmitted shop drawings by use of revision triangles or other similar methods, to revisions other than the corrections requested by the ENGINEER, on previous submissions . Any such revisions that are not clearly identified shall be made at the risk of the CONTRACTOR. The CONTRACTOR shall make corrections to any work done because of this type revision that is not in accordance to the Contract Documents as may be required by the ENGINEER. F. Partial submittals may not be reviewed. The ENGINEER will be the only judge as to the completeness of a submittal. Submittals not complete will be returned to the CONTRACTOR, and will be considered "Not Approved" until resubmitted. The ENGINEER may at his/her option provide a list or mark the submittal directing the CONTRACTOR to the areas that are incomplete. G. Repetitive Review 1 . Shop drawings and other submittals will be reviewed no more than twice at the OWNER's expense. All subsequent reviews will be performed at times convenient to the ENGINEER and at the CONTRACTOR's expense, based on the ENGINEER's then prevailing rates. The CONTRACTOR shall reimburse the OWNER for all such fees invoiced to the OWNER by the ENGINEER. Submittals are required until approved. 2 . Any need for more than one resubmission, or any other delay in obtaining ENGINEER's review of submittals, will not entitle CONTRACTOR to extension of the Contract Time. H. If the CONTRACTOR considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, the CONTRACTOR shall give written notice thereof to the ENGINEER at least seven working days prior to release for manufacture. I. When the shop drawings have been completed to the satisfaction of the ENGINEER, the CONTRACTOR shall cavy out the construction in accordance therewith and shall make no farther changes therein except upon written instructions from the ENGINEER. r 1 .06 DISTRIBUTION A. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the ENGINEER. Number of copies shall be as required by the ENGINEER but shall not exceed 6. s 1 .07 CONSTRUCTION PHOTOGRAPHS A. The CONTRACTOR shall make photos of the work in progress at key intervals and where directed by the Owner. B. The film negatives shall be retained in the files of the CONTRACTOR until the completion of the project and shall then be turned over to the OWNER. C. Photographs may be made with digital files and kept on CD ' s for turning over to the owner. Page 20 of 40 1 .08 SCHEDULES r A The CONTRACTOR shall meet the provisions of the Contract. 1 .9 GENERAL PROCEDURES FOR SUBMITTALS A. Coordination of Submittal Times : Prepare and transmit each submittal sufficiently in r advance of performing the related work or other applicable activities, or within the time specified in the individual work sections, of the Specifications, so that the installation will not be delayed by processing times including disapproval and resubmittal (if r required), coordination with other submittals, testing, purchasing, fabrication, delivery and similar sequenced activities. No extension of time will be authorized because of the CONTRACTOR's failure to transmit submittals sufficiently in advance of the Work. r ** END SUBMITTALS * * r r r r r r r r r r r Page 21 of 40 DELIVERY, STORAGE AND HANDLING + PART 1 : GENERAL 1 .01 SCOPE OF WORK A. This Section specifies the general requirements for the delivery handling, storage and protection for all items required in the construction of the work. Specific requirements, if any, are specified with the related item. 1 .02 TRANSPORTATION AND DELIVERY - A. Transport and handle items in accordance with manufacturer's instructions . B. Schedule delivery to reduce long-term on-site storage prior to installation and/or operation. Under no circumstances shall equipment be delivered to the site more than - one month prior to installation without written authorization from the Engineer. C. Coordinate delivery with installation to ensure minimum holding time for items that are — hazardous, flammable, easily damaged or sensitive to deterioration. D . Deliver products to the site in manufacturer's original sealed containers or other packing _ systems, complete with instructions for handling, storing, unpacking, protecting and installing. E. All items delivered to the site shall be unloaded and placed in a manner, which will not - hamper the Contractor's normal construction operation or those of subcontractors and other contractors and will not interfere with the flow of necessary traffic. - F. Provide necessary equipment and personnel to unload all items delivered to the site. G. Promptly inspect shipment to assure that products comply with requirements, quantities are correct, and items are undamaged. For items furnished by others (i. e. Owner, other Contractors), perform inspection in the presence of the Engineer. Notify Engineer verbally, and in writing, of any problems. 1 .03 STORAGE AND PROTECTION + A. Store and protect products in accordance with the manufacturer's instructions, with seals and labels intact and legible. Storage instruction shall be studied by the Contractor and ,. reviewed with the engineer by him/her. Instruction shall be carefully followed and a written record of this kept by the Contractor. Arrange storage to permit access for inspection. - Store loose granular materials on solid flat surfaces in a well-drained area. Prevent mincing with foreign matter. + Cement and lime shall be stored under a roof and off the ground and shall be kept completely dry at all times. All structural, miscellaneous and reinforcing steel shall be stored off the ground or otherwise to prevent accumulations of dirt or grease, and in a position to prevent accumulations of standing water and to minimize rusting. Beams Page 22 of 40 i shall be stored with the webs vertical. Precast concrete shall be handled and stored in a manner to prevent accumulations of dirt, standing water, staining, chipping or cracking. Brick, block and similar masonry products shall be handled and stored in a manner to reduce breakage, cracking and spalling to a minimum. D. All mechanical and electrical equipment and instruments subject to corrosive damage by the atmosphere if stored outdoors (even though covered by canvas) shall be stored in a weather tight building to prevent injury. The building may be a temporary structure on the site or elsewhere, but it must be satisfactory to the Engineer. Building shall be provided with adequate ventilation to prevent condensation. Maintain temperature and humidity within range required by manufacturer. i 1 . All equipment shall be stored fully lubricated with oil, grease and other lubricants unless otherwise instructed by the manufacturer. i 2 . Moving parts shall be rotated a minimum of once weekly to insure proper lubrication and to avoid metal-to-metal "welding" . Upon installation of the equipment, the Contractor shall start the equipment, at least half load, once weekly for an adequate period of time to ensure that the equipment does not i deteriorate from lack of use. 3 . Lubricants shall be changed upon completion of installation and as frequently as required thereafter during the period between installation and acceptance. New lubricants shall be put into the equipment at the time of acceptance. 4. Prior to acceptance of the equipment, the Contractor shall have the manufacturer inspect the equipment and certify that its condition has not been detrimentally affected by the long storage period. Such certifications by the manufacturer shall _ be deemed to mean that the equipment is judged by the manufacturer to be in a condition equal to that of equipment that has been shipped, installed, tested and accepted in a minimum time period. As such, the manufacturer will guaranty the equipment equally in both instances . If such a certification is not given, the equipment shall be judged to be defective. It shall be removed and replaced at the Contractor's expense. i * * END DELIVERY, STORAGE AND HANDLING * * i • i Page 23 of 40 i TECHNICAL SPECIFICATIONS - 1 .01 GENERAL a. Visit to and inspection of the construction site will be made from time to time by representatives of permitting agencies, the Owner, or Engineer. The work will not be accepted by the owner until final acceptance is received by all jurisdictional agencies. b . No work shall be performed outside the limits of the designated work site without authorization by the Owner. — 1 .02 FIELD ENGINEERING AND LAYOUT — A. The contractor shall furnish all construction staking. Staking shall be supervised by a Florida Registered Land Surveyor. - B . Appropriate equipment shall be kept at the site at all times . C . All costs for staking the work shall be included in the appropriate bid items. D . The Contractor shall preserve all staking, benchmarks, reference points, etc . - 1 .03 TESTING A. The Owner will pay for services of independent testing laboratories. 1 .04 SUBMITTALS (SAMPLES) A. Contractor shall be required to submit for approval a construction progress schedule . No work shall proceed or Notice to Proceed issued until that schedule is approved. B . Security House submittals: Submittals shall be provided by the Contractor but are not limited to the following items however these items shall be reviewed relative to the allowances in the bid schedule by the Owner and adjustments made, if any. Submittals shall include .� manufacturer/vendor/supplier/subcontractor quotes . Allowances or alternate deducts shall include installation. No mark-up ' s will be paid for these items : 1 . Flooring: carpet and ceramic tile .. 2 . Fixtures: fans and lighting (interior and exterior) 3 . Cabinets with hardware and fixtures: baths and kitchen 4. Appliances: kitchen and laundry 5 . Openings including hardware/lockets : windows and doors Other submittals shall include those items to be paid by the other bid items, together with installation, e.g. roofing, A/C equipment, electrical materials, painting/glazing materials. C . Utility Submittals : Contractor shall submit as specified elsewhere herein all utility materials to be used for construction of the water and sewer facilities . D . Where required for evaluation and approval of submittals, the Contractor will include samples to illustrate the materials, equipment or workmanship. r ,. Page 24 of 40 r 1 .05 TEMPORARY UTILITIES AND SERVICES : A. The Contractor is responsible for providing any temporary water service, sanitary facilities or electrical service to satisfactorily complete the work specified herein. Contractor is responsible for providing job site security until final acceptance by the Owner. Contractor is responsible for removing the temporary facilities when the work is accepted by the Owner. " 1 .06 RESTORATION A. The Contractor is responsible and shall repair all damage to the site and pavement, buildings, utilities, or other offsite structures, surface or subsurface, whether or not shown on the Drawings. 1 .07 SITE CLEANUP A. The Contractor shall furnish all labor, equipment and materials necessary to cleanup and restore the site and offsite areas as directed by the owner after the Construction is completed. The security house shall be thoroughly cleaned inside and out. 1 .08 COORDINATION OF WORK A. The contractor is responsible for coordinating his work with ongoing and scheduled Gifford Park r and Youth Center activities Center including but not limited to protection of the park patrons and maintenance of traffic. 1 .09 EROSION CONTROL AND DEWATERING : r A. The Contractor is solely responsible for preventing pollution caused by dewatering water or stormwater runoff from the site. Contractor is referred to Chapter 4, "Best Management Practices of Erosion and Sedimentation Control" of the Florida Erosion and Sediment Control r Inspector' s Manual. A copy of the manual is available for review in the office of the Director of Public Works location at Indian River County Administration Building, Room S316, 1840 25s' Street, Vero Beach, Florida. r 1 .10 CLEARING AND GRUBBING, EARTHWORK A. The Contractor shall clear and grub the entire site limits, as shown on the drawings, of any debris, materials, structures, shrubs, roots, vegetation and suitably dispose of all such materials, at a site as approved by the Owner or Engineer. r B. Contractor shall perform all earthwork necessary for excavation, backfill with suitable material, building compacted fill and trench backfill and compaction. Building fill material shall be compacted to 100% of maximum dry density per ASTM T- 180 test standards . C. Additional specifications are shown on the drawings. r r Page 25 of 40 i 1 . 11 SODDING A_ Contractor shall famish and install solid Balua sod as shown on the drawings _ Sod shall be installed in accordance with Section 575 of the Florida Department of Transportation Standard Specifications for Road and Bridge Constaction. r 1 . 12 BUILDING CONNSTRUCTION AND SITE WORK STANDARDS A. All building construction and site utility work standards shall be as shown on the drawings r except where amended, added to, or modified herein. 1 . 13. ENERGY AND B'LA-NrU AI, "J" CALCULATIONS r A. Energy and Manual "T calculations for the project' s building have been calculated. Copies are available at the Public Works Department, 3`° floor County Administration building room S316 + 1840 25t° Street Vero Beach Florida; 772-226- 1379 . * * END TECILNZC_U SPECIFICATIONS * * r r r i r r i r r r Page 26 of 40 BID FORM Bidder Passage Island Homes Inc (Bidder' s Name) hereafter called " CONTRACTOR" , hereby submits TO: INDIAN RIVER County Purchasing Department 1840 25"' Street (Mail address) 2525 St. Lucie Avenue (Physical address) Vero Beach, Florida 32960 Project: Indian River County Bid ; 2007033 Project Name GIFFORD PARK SECURITY HOUSE Indian River County, Florida Bid: The undersigned, as CONTRACTOR, declares that he/she has reviewed the plane and specifications for the scope of the project, visited the premises to review existing condi ons and has reviewed to special al provisions furnished Prior to the opening of Bi contractual documents thereto; and has read all ds; 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. GRAND TOTAL BID ITEMS 1 THROUGH 4 FROM ATTACHED BID SCHEDULE, PAGE 29 Proposed Contract Sum: Base Bid Amount of: One buodred thirty thn , aana eight 3ase Bid Pnce Wman six hundred rS130 , 8 � h - nn Performance and Payment Bond : None Required Addenda: The following Addenda have been received and are included in the Base Bid: Addendum No. 1 Yes ✓ Date 1 2 / 2 7 / 0 6 Addendum No. 2 Yes _ Date Addendum No. 3 Yes _ Date Addendum No. 4 Yes _ Dat Time of Completion: The Work shall commence immediately upon execution of the Contract and shall be Substantially Complete on or before 90 consecutive calendar days thereinafter. 5 e e exceptions . (l , / Page 27 of 40 11U�' r CONTRACTOR and OWNBR reco2niae that time is of the essence of the Agreezrieat and that OWNER vrill suffer financial loss if the Work is not completed within the times specified in the Bid Form, plus r any, extensions thereof allowed as specified elsewhere herein. The paries also recognize the delays, expense, diff cut-Its invo_ved in proving in a legal or arcitration proceeding the actual ioss suffered by OWNER if the work is not completed on tune. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) , CONTRACTOR shall pay OWNER $ -50 . 00 for each calendar day that expires after the time specified it- the Bid Form for Substaut=eal Completion until the work is substantially complete. r Acceptance of Bid: The CONTRACTOR understands and agrees that the Owner resen-es 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 . r Owner anticipates award of bid within thirty calendar days fi om bid opening. r 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 r 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 Runish 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 proz6sions of this solicitation shall not be cause to alter any resulting contract or recuest additional compensation. r - Respectfally Submitted, ' Passage Island Homes , Inc . 1910 82nd Avenue 4205 Name of Firm � Address r Vern Raarh FT "22Q66 Authorized Signature City, State, Zip Code r President (_L72 ) 257 - 3500 Titie Phone Date Signed (Corporate Seal) r E-mail : Brian@passage isIandhomes . com r Occupational License : 000502 - 0002432 FEIN Number: 5 9 - 3 4 5 6 5 6 2 r Page 28 of 40 GIFFORD PARK SECURITY HOUSE BID SCHEDULE IMxo = z�Bsc �Tlar� 3,. _ k 4X T* � rcF' T . Concrete Block Building complete, including sitework, clearing, grubbing, earthwork, grading, 1 mobilization, as-builts, roofing, electr ca_, HVAC, 1 LS plumbing, plumbing connections, driveway, fencing, finishes and related incidentals 105 , 726 10 5 , 7 2 6 2.A. 1 . Allowances — Flooring, Carpet 1 LS 25400.00 21400. 00 Allowaaces — Flomng, CeranicTile I LS 3 ,7D0. 00 3, 700 .00 I 2.B . 1 . Allowances — Fixtures, Fans 1 LS 250 . 00 I 250. 00 ffi 2.B .2. Allowances — Fixtures, Lights 1 LS 250.00 250 .00 I 2.C. 1 . Allowances — Cabinets, Kitchen (including fixtures) 1 LS 4, 800. 00 4, 800. 00 2.C2. Allowances — Cabinets, Bath (including fixtures) 1 LS 800.00 800. 00 2.D . 1 . Allowances — Appliances, Kitchen 1 LS 2,400.00 2,400.00 2.D .2. Allowances — Appliances, Laundry I 1 LS 800.00 800 .00 2.E. 1 . Allowances — Openings, Windows I LS 1 ,4D0.00 1 ,400. 00 i 2.E. 1 . Allowances — Openings, Doors, Locksets & Hardware 1 LS 15500.00 1 ,5D0. 00 3 . Furnish and Install Sod X1*0 SY 61300 61300 4 Canopy Trees, including bracing, fertilization, k 2 watering and maintenance FA 500 500 i (Grand Total, Items 1 -4 Show On Page 27) TOTAL 13 0 , e 2 6 * LS — Lump Sum SY — Square Yard LF — Lineal Foot EA - Each Page 29 of 40 AFFIDAS-IT OF COMPLIANCE 1nLari R_ eT CollIlZ' 11 C'S = M0 71 033 for l7_`2c-d Parl: SeCUT_ty Douse ' [ YVP DO NOT take exception to t'ie Bid ; Specificz+ions . _ �T,' e 1 K e-'cep on o #� eBid / Specifica onsa, fcl?ovvs : see attached passage Island Homes Exhibit A • Company Name : Passage Island Homes , Inc . ComaarvAdaress : 1910 82nd Avenue # 205 s Vero Beach , FL 32966 Telephone Number: ( 772 ) 257 - 3500 Fax . ( 772 ) 257 - 3007 r E-mail : Brian@ assa eisl ndhomes . com AuthorizedA�l Bate : 000 NTaje: Brian F . Adams Title: President r Page 30 of 40 '!WARRANTY Il_�FORMATION FORM Indian River County Bid 2007033 for Gifford Park Sectirty House Make and Model of Proposed Appliances andEquipLn_ent: see attached Passage Island Homes Exhibit B Is there a warranty on the above? Yes F No Does the warranty apply to all components or on y part? (Please specify) Wa7anyperiod for parts : Builder - 1 yr . , Mf r . per mf r ' s . warranty yr'aionTypMoululservice: _ Builder - 1 yr . , Mfgr . per mfgr ' s . warranty Nearest source toInchanRiverCountyforpartsand service: throughout state Who wi-1 provide service and where in the event of failure within warranty -period? Company Name : Passage Island Homes , Inc . Phone: 772 - 257 - 3500 Address : 1910 82nd Ave . # 205 Vero Beach , FL 32966 Contact person: Marilyn Antonellis Will any voluntary service follow installation or delivery? Yes ❑ No �J If so, by vvhom? When? Who is the highest authority {manufacturer, distributor, dealer, etc . . . ) fully behind this warranty? Manufacturer A copy of the complete warranty statement is submitted herewith: Yes ❑ No 1 Page 31 of 40 a SVG'OR-N STATEMENT UNDER THE FLORIDA TRENCH SAFETY ACT THIS FORM MUST BE SIGNED BY THE BIDDER VVHO «FILL BE RESPONSIBLE FOR THE EXCAVATIO'_N WORK ( " BIDDER"). OR ITS AUTHORIZED a REPRESENTATIVE, IN THE PRESENCE OF ANOT_ARY PUBLIC AUTHORIZED TO ADMINISTER OATHS . 1 . This Sworn Statement is submitted with Bid No . 2007033 for Gifford Park Security Rouse. _ 2 . This SworaSiaiementissubrninedby Passage Island Homes , Inc . (Legal Name oibntity Submitting Sworn Statement) 1910 82nd Avenue # 205 , Vero Beach , FL 32966 heremaftcr "BODER" . The BIDDER ' s address is a BIDDER ' sFederal En, plover Identification Number59 - 3456562 a dl na:ntis Brian F . Adams a ,dmvrelationshintotheBMDER (Prim: Name of individual S gg=i g) r " is President (Position or Tile I certify; through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. r 4. The Trench Safety Standards that will be iz effect during the construction of this Project are contained within the Trench Safety Act, Section 553 . 60 et seq Florida Statutes and refer to the applicable Florida Stan:e(s) and/or OSHA Regulaiion(s) and include the "effective date" in the a citation(s) . Ref rence to and compliance with the applicable Florida Statute(s) and OSHA Regulation(s) is the complete and sole responsibility of the BIDDER. Such reference will not be a checked by OVTBR or ENGINEER and they shall have no responsibility to review or check the BIDDER ' s compliance with the Trench Safety Standards . 5 . The BIDDER assures the O-V vWER that it will comply with the applicable Trench Safety a Standards . 6. The BIDDER has allocated and included in its proposal the total amount of S N / A based on the linear feet of trench to be excavated over five (5) feet deep , for compliance with the a applicable Trench Safety Standards, and intends to comply with said standards by instituting the following specific method(s) of compliance on this Project: N / A r Tl- e determination of the appropriate method(s) of compliance is the complete and sole r responsibility of the BIDDER. Such methods u311 not be checked by the OWNER or ENGLNEER for accuracy, completeness, or any other purpose. The O'WNTER and ENGINEER shall have no responsibility to re6ew or check the BIDDER ' s compliance with the Trench a Safety Standards . 7. The BIDDER has allocated and included in its proposal the total_ amount of S N / A based on the square feet of shoring to be used for compliance with shoring safety requirements r and intends to comply with said shoring requirements by instituting the following specific method(s) of compliance on this Project: The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER Such methods will not be checked by the OWNER or ENGLNEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER ' s compliance with the Trench Safety Standards . 8 . The BIDDER, in submitting this bid, represents that it has obtained and considered all available geotechnical information, has utilized said geotechnical information and that, based on such information and the BIDDER' s own information, the BIDDER has sufficient knowledge of the Project' s surface and subsurface site conditions and characteristics to assure BIDDER ' s compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project. BIDDER: Pass ce Island omes Inc . By: Position or Title : President Date : � /U � Q aDO 'J STATE OF FLORIDA COUNTY OF INDIAN RIVER Personally appeared before me, the undersigned authority, Brian F . Adams who after first being sworn by me, affixed his/her signature in the space provided above on this 9tb day of . ,Lit? ,2 e a/ 2007. AN f PPuu�yc. State at large My Commission Expires: 9 / 16 / 08 * * END OF STATEAM\NT Marilyn n- lO 6is A My epnnrisawn DD3376<6 qqp Expires Se*mW 16. 2006 An SWORN STATEMENT UNDER SECTION 105 . 08, INDIAN RIFER COUNTY CODE. ON ,. DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCI OF A NOTARY PLBLIC OR OTHER r OFFICER AUTHORIZED TO ADMINISTER OATHS . 1 . This sworn statement is submitted with Bid, Proposal or Contract No . 200 ' 033 r for Gifford Park Secunty House 2 . This swomstatementissubmittedby: Passage Island Homesf Inc r (Name of entity submitting Statement) _ whose busness address is : 1910 82nd Avenue # 205 , Vero Beach , FL 32966 and (if r applicable) its Federal EmployerldentifoationNumbei- (FEL\) is 59 - 3456562 (if the entity has no FEIN, include the Social Security 'Number of the individual signing this sworn statement .. J 3 . N2ynameis Brian F . Adams r (Please print name of individual signing) and my relationship to the entity named above is Pres i den t 4. 1 understand that an "affiliate" as defined in Secticn 105 . 08 , Indian River County Code, means : The term "affiliate" includes those officers, Lectors, 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 : r Father, mother, son, daughter, brother, sister, untie, aunt; first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-lacy, son-in-law, brother-in-law, sister-in-law; stepfather, stepmother, stepson, stepdaughter, stepbrother; stepsister, half brother, half sister, grandparent, or grandchild. r 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. ] r xx Neither the entity submitting this sworn statement, nor any officer, directors, executives, parmers, shareholders, employees, member, or agents who are active in r management of the entity; have any relationships as defined in section 105 . 08 , Indian River County Code, -Mth any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, Partner, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or .. County employee : Pone 2d nFACI Name of Affiliate Name, of County Commissioner Relationship or entity or employee (Signature) aoo7 (Date) STATE OF FLORIDA COUTTTY OF INDIAN RIVER The foregoing instrument was acknowledged before me thisq — ady of 2Ob�' by _ Brian F . Adams who is personallv known to me or who has produced e as identification. NOTARY PUBLIC SIGN: j� / PRINT: /td! i'!Gl h Y�7j'7�n /;S Sta4 of Florida at Large My Commission Expires: 9 / 16 / 08 (Seal) � o Marilyn Antonellis , . My canmiseron DD337546 %TmojE'Oi gePOember 16. 2006 Done , G of dll BIDDER .QUESTICNNAIRE The undersigned gyazantees the truth and accuracy of ail statements and answers herein container: Lucian River County Bid t 2007033 for Gifford Park Security House 1. How many years has your organization been in the business? 9 2 . Number of employees " ON THE JOB " each week?_ 1 — Construction Manager 3 . Will you subcontract any part of this work? If so, give details : Yes , all e x c e p t supervision 4 . List three (3) references of individuals or corporations for which you have performed this type work " and to which your refer: 11 Firm Vero Retirement Associates Phone # ( 7_� 299 - 7900 Contact Kay Moran 2) Firm Brenda Joffe Phone # 772 696 - 4901 l�il7nLa(ii - 3) Firm Donna Fletcher Phone 312 ) 810 - 0189 r ConIact 4) Firm Barbara Stewart Phone # 772 234 - 3801 .. - Contact 5 . Have you ever failed to complete work awarded to you: es No if so, where and why? 6 . What equipment do you own that is available for the work? N / A s 7 . State the true, exact, correct and complete name of thepartnership, corporation; or trade name under which you do -business and the address of the place ofbwiness: Corect Name of Bidder: Passage Island Homes , Inc . Address : 1910 82nd Avenue # 205 Vero Beach , FL 32966 8. Attach copies of all current licenses: r AGREEMENT r This Agreement made and entered into this 13th day of February , 2007, by and between E!LS CAA%-r /SL48u� AICt� r i �it1c— hereinafter called the Contractor and Indian River County herein called the Owner. Witnesseth : That whereas , the Owner and the Contractor for the consideration hereinafter named, agree as set forth below : Article 1 . Scope of Work * 1 . 1 As per specifications of advertised and sealed bid in Indian River County Bid # 2007033 r Gifford Park Security House Contractor, as an independent Contractor and not as an employee, shall furnish , for the sum of One Hundred Twenty Seven Thousand Six Hundred Eighty Dollars ($ 127,680.00), all of the necessary labor, material , and equipment to perform the work described in accordance with the Contract Documents . 1 .2PAYMENT PROCEDURES 1 .2. 1 . Progress Payments The Owner shall make progress payments to the Contractor on the basis of the approved partial payment request as recommended by Engineer in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218 . 70 et. seq. r 1 .2 . 2 . The Owner shall retain ten percent ( 10% ) of the payment amounts due to the Contractor until fifty percent (50%) completion of the Work. After fifty percent (50%) completion of the Work is attained as certified to Owner by Engineer in writing, Owner shall retain five percent (5 %) of the payment amount due to Contractor until final completion and acceptance of all Work to be performed by Contractor under the Contract Documents . Pursuant to Florida Statutes section 218 .735 (8)(b), fifty percent (50%) completion means the point at which the County as Owner has expended fifty percent (50%) of the total cost of the construction services Work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services Work provided under the Contract Documents . 1 .2. 3 . Pay Requests . Each request for a progress payment shall be submitted on the application for .. payment form supplied by Owner and the application for payment shall contain the Contractor' s certification. All progress payments will be on the basis of progress of the Work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. �r After fifty percent (50%) completion , and pursuant to Florida Statutes section 218 .735(8 )(d), the Contractor may submit a pay request to the County as Owner for up to one half ( 1 /2) of the retainage held by the County, and the County shall promptly make payment to the Contractor unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255 . 05 (2005 ) ; or otherwise the subject of a claim or demand by the County or the Contractor. The Contractor acknowledges that where such retainage is attributable to the labor, services, or materials r supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218 . 735 (8)(c)(2005), Contractor further acknowledges and agrees that: 1 ) the County shall receive immediate written notice of all decisions made by Contractor to withhold retainage on any subcontractor at greater than five percent (5 %) after fifty percent (50%) completion ; and 2) Contractor will not seek release from the County of the withheld retainage until the final pay request. r 1 . 2 .4. Paragraphs 1 .2.2 and 1 .2. 3 do not apply to construction services Work purchased by the County as Owner which are paid for, in whole or in part, with federal funds and are subject to federal grantor r Page 37 of 40 i laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 1 . 2 . 5 . In accordance with the provisions of Florida Statutes section 208 .735 (7)(a)(2005) , upon receipt of the draft certificate of substantial completion from Engineer, the Owner, the Engineer, and the r Contractor shall conduct a walk-through of the Project to document a list of any items required to render the Work on the Project complete, satisfactory, and acceptable under this Agreement (herein the "Statutory List") . The Statutory List shall be reduced to writing and circulated among the Owner, the Engineer, and the Contractor by the Owner or the Engineer within 30 calendar days after substantial completion. The Owner and Contractor acknowledge and agree that: 1 ) the failure to include any i corrective work or pending items not yet completed on the Statutory List does not alter the responsibility of the Contractor to complete all of the Work under this Agreement; 2) upon completion of all items on the Statutory List, the Contractor may submit a pay request for all remaining retainage except as i otherwise set forth in this Agreement ; and 3) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the obligation of the Contractor to complete to the Owner' s satisfaction under this Agreement. After receipt of the Statutory i List by the Contractor, the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion on the Project. r V Article 2 . Time of Completion Ai 1 aew Days from receipt of the Noii e to Praee a i3u«Dm G P Vie` 13�g16 t l I�vs 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. i The Owner and Contractor agree to maintain records , invoices, and payments for the work. 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 i 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 i 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. 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 . Page 38 of 40 r 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. 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 sum amount and acceptance of such payment by the Contractor shall release the Owner from all claims r 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. (Contractor) (Insert full name) (Owner) Indian River County, Florida r r r President (L1AiJ DX} /L1S GaryWheeler;, C airWn , Witnessed by: I �tc- u.�Q s� Approved by BCC 22 ' Attest : AP ROVED Jeffrey K. Barton, Clerk of Circuit Court M By: J ph A. B ird, County Administrator Deputy Cle c r proved as to Form and Legal, Sufficiency I ounty Attorney r r r r Page 39 of 40 i BID SCHEDULE ITEM NO. DESCRIPTION QTY UNIT* UNIT PRICE TOTAL i Concrete Block Building, complete, including sitework, clearing, grubbing, earthwork, grading, a 1 mobilization, as-builts, roofing, electrical, HVAC, I LS 105,726.00 1059726. 00 plumbing, plumbing connections, driveway, fencing, finishes and related incidentals 2.A. 1 . Allowances — Flooring, Carpet 1 LS 25400.00 2,400.00 2.A.2. Allowances — Flooring, Ceramic Tile I LS 3,700.00 3 ,700.00 a 2.13. 1 . Allowances — Fixtures, Fans 1 LS 250.00 250.00 2.13.2. Allowances — Fixtures, Lights 1 LS 250.00 250.00 a 2 .C. 1 . Allowances — Cabinets, Kitchen (including fixtures) 1 LS 45800.00 4,800.00 a 2.C.2 . Allowances — Cabinets, Bath (including fixtures) 1 LS 800.00 800.00 2.D. 1 . Allowances — Appliances, Kitchen I LS 23400.00 25400.00 r 2 .D.2. Allowances — Appliances, Laundry 1 LS 800.00 800.00 r 2.E. 1 . Allowances — Openings, Windows 1 LS 11400.00 1 ,400.00 2.E. 1 . Allowances — Openings,, Doors, Locksets & Hardware 1 LS 1 ,500.00 15500.00 a 3 . Furnish and Install Sod 1900 SY 1 .66 39154.00 Canopy Trees, including bracing, fertilization, 4 watering and maintenance 2 EA 250.00 500.00 (Grand Total, Items 1 -4 Show On Page 27) TOTAL 1279680.00 i * LS — Lump Sum SY — Square Yard LF — Lineal Foot a EA - Each r r a r' i EXHIBIT A — INSURANCE REQUIREMENTS Contractors and Subcontractors Insurance: The Contractor shall not commence work until he has obtained all the Insurance required under this section, and until such Insurance has been approved by the Owner, nor shall the Contractor allow any Subcontractor to commence work until the Subcontractor has obtained the Insurance required for a Contractor herein and such Insurance has been approved unless the Subcontractor' s work is covered by the protection afforded by the Contractor' s Insurance. Workers ' Compensation Insurance: The Contractor shall procure and maintain worker' s compensation insurance to the extent required by law for all his employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the workers ' compensation statute, the Contractor shall provide adequate coverage for the protection of such employees. Public Liability Insurance: The Contractor shall procure and shall 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 with respect to all claims arising out of the operations or work to be performed. Commercial General : S1 ,000,000.00 combined liability single limit for (other than automobile) bodily injury and property damage. Premises / Operations ,. Independent Contractors Products / Completed Operations Personal Injury ., Contractual Liability Explosion, Collapses, and Underground Property Damage Commercial Automobile : $ 1 ,000,000. 00 combined and damage liability single limit for bodily injury and property damage. Owned / Leased Automobiles Non-Owned Automobiles Hired Automobiles .� 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 value 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. Proof of Insurance: The Contractor shall famish 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 40 of 40 IAN - 08 - 2007 ( NON ) 14 , 51 HIJLRLEBERRY SIBLE1Y HARIIES' ( FRX ) 77297B4172 R . 00E / 093 $GIRD CERTIFICATE OF LIABILITY INSURANCE 7AS DATE IlAMOOY yYI PaooucEa PO1 q8 D7 - 8uckl Huckleberry , Sibley & Harvey THIS CERTBTICATE IS ISSUED AS A MFORMATIONIns r & SOnds , I:1C . VF120 $RANCH ONLY AND CONFERS NO RIG11T3 UPT1FICA Mt1910 82nd Ave Suite 105 HOLDER THIS CERTIFICATE DOES NEXTM ORVere Beach FL 32966 ALTER THE COVERAGE AFFORDED BCIES BELOW.INSURERS AFFORDING COVERAGEMAIC #ISURERA: AssDCitiInsur — INSURER.S: N1.3-wn L+lwnt Cneua:y ta _ P510ag4e Island eD:Des , e 2 INSURERC: p=o q Vero eaC Avenue Su1te 205 c=�� =ice• Innes=anc� co f,�nr SeaCh FL32 �fifi INSURER D: COVERAGES INSURER E: . ,_ - THE POLICIREmEw,Or ,GURyiCE USTCD BELC'A RAVE BEEN ISSUED TO THE INSURED NAAIED ABOVE FOR IHE POLICY PERIOD INOICATEE. NOTWITHSTANDING ANY REOUIRE'JENT, T6W OR COND;naN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISO UL�J 04 MAY PERTAIN, TI'le INSURANCE AITOI By 1'HE POLJCIES DESCRIBE-D HEREIN 1S SUBJECT; POLICIES. AGGREGATE LIMITS SHOWN MAY NAYS BEEN REDUCED BY PAID CLAtt,1S. 0 ALL THE TCRIM$, FXCLUSIDtJ$ AND CON➢ITpN$ OF SUCH INSR'WD0'�- LTA INSR➢ TypE OP INSURANCE I I3ER kY EFFEL'TIQ�'pOu(,ry�j[ry�A+� a� I DgTE MM/DOM' I DATE MlDbbryy LIMITS GENERAL UABhITY I $ X COMMEHCtA1GENERALLWHILITY ! O4 -GL- FACNOCCURRENCE $ 1 000 , 000 1111 632885 02 / 10 / 061 q2/ IO / 07 PRFM9ESfE $ 100 , 000 CLAIMS MADE OCCUR I IJ a MEO a P (Any ane I>m�)E CI,UDED L PERSONAL BADVINJURY $ 1 , 000 , 000 GENII CATELIMIT APPLICSPER: GENERAL AGGREGATE $ 21000 , 000 POLICY , 2"PT ; LOC I PRODUCTS - GCMPIGP AEG S2 , 000 000 I I LA_ _a C� L .,BILITY 1 I I CANY hu'D i 03399149 -0 i G➢IMBWEC SINGLE UMrr 02 /17/D6 � 02/ 17 /g6i ('� ' 1 �dPP'I $ 1 , 000 , 000 ALL OWNED AUTCB +III X SCIIF.DULEDAUTDS S I BODILY INJURY I X HIREDAUTOS I MUDIIRI 1 I X NON,OVI AUTOS BODILI' INJJRY [Per actidenp I $ PROPERTY DA (Per a;=eRUI,IAGC Fs GARAGE LIABILITY + O ONLY - CA ACCIDENT S ANY AUTO AUT . - OTHERTHAN EA ACC S AUTO ONLY: ADD ' $ — FXCESSfIJMBRELVILIABILITY OCCUR CLA1MS MADE EACH OCCURRENCE $ ACGRCGATE _ r _ DEDUCTInL RETENTION E I S WORKERS COMPI:NSATN)N AND, S A EMPLOY LJADILfry 022000028808 I X TOW" IMIT$ f E ANR OYPRDPRIETOR/PARTNEREkDUTNG l0 / 15 / 06 10 /15 / 07 E ACCIBENT S - F-FICERAUEMBER EXCLUDED? III 100000 _ I yea, besnileuMv L.L. DISEASE - EA EMPLOYEE $ 100000 SPECIAL PROVISIONSPgI OTHER E.L. DISEASE - POLICY LIMIT $ 500000 r I DESCRIPTION OF OPERATIONS ) LOCATIONS f VEHICLES I EXCLUSIONS ADDED BY FJ'IDpRSEMENT ! 9PECtat PRQVISION9 11110I Re : Gifford Park Security House - Owner : Indian River County . Builders Risk poliCy Can be issued with a $ 1 , 000 Deductible Except Wind/Hail will have a 14 Deductible , s CERTIFICATE HOLDER CANCELLATION INDRIVE SHOULC ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUNG &SUR" WILL ENDEAVOR TO MAIL 1 D DAYS WRtITT£N NOTICE TD THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $O SHALL INDIAN RIVER COUNTY MPOSE NO OBLIGATION OR LIABILITY DF ANY KIND UPON THE INSURER, ITS AGENTS OR I. 1840 2571H STREET RARE SplTATWES. VERO BFJICF, FL 32960 ALRHORMED REPRESENTATIVE ACDRD 25 (2001108) sae Staniewicz � p ® ACDRD CORPOR,4TIpN 1968 �5trtfT�in rti— ell , l}. 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( MOO l.e� Wpl� O * 7 o off - aalo > oo C O 4 . . 1 T a11 1 s Y a � 2A =d m Ill 1 w l " 71 1 1 1 1 1 1 1 1 Passage I.slaad Jloines, Inc. 1910 82nd Ave, Suite 205 Vero Beach , FL 32966 Ph : ( 772 ) 257 - 3500 Fax: (772 ) 257 -3007 r PASSAGE ISLAND HOMES EXHIBIT A r, GIFFORD PARK SECURITY HOUSE AFFIDAVIT OF COMPLIANCE We TAKE exception to the Bid/Specifications as follows: 1 . The Amount of Time (Article 2 — Time of Completion) — 90 days changed to 120 days from receipt of a valid permit; 2 . HVAC — per the energy calculations — we have included a 13 seer unit, not a 12 seer unit as called out on plan. Also using a 3 ton unit, not 2 ton unit as called out on the plan; 3 . Water and sewer noted not as per plan, per field inspection included in our price; 4. Telephone poles used as barricades in the rear west side of lot need to be relocated by the County prior to commencement of construction; 5 : Yard drain will be moved using existing materials; 6. Contractor' s draw schedule attached replaces the draw schedule (Item 1 .2 . 3 .) listed; 7. Yards of sod is 3800, not 1900 as stated. 8 . Exhibit A — Insurance Requirements — Builder' s Risk policy can only be issued with a $ 1 , 000 deductible, not $500. The wind and hailstorm deductible is 1 % . r r r r 31,1 wisdmn a wljst is 6uiG, and t6rocL i mxderraiuline it is �ra6lfslid Psine.-g .n:: Passage Isla ii (tjlonws. Inc. 1910 82nd Ave, Suite 205 r Vero Beach , FL 32966 Ph : ( 772 ) 257- 3500 Fax: ( 772 ) 257-3007 r PASSAGE ISLAND HOMES EXHIBIT B r r GIFFORD PARK SECURITY HOUSE APPLIANCES r r 1 Frigidaire 25.8 CF Refrigerator, Model # FRS61D4E 1 Frigidaire 30" Self-Clean Range with 4 Prong Cord, Model # FEF366D 1 Frigidaire 5 cycle Dishwasher, Model # FDB70OBF 1 GAL 4 Temp Dryer with 4 Prong Cord, Model # GLER341AS r 1 GAL Top Load Washer, Model # GLWS1339CS 1 Trane 3 Ton 13 Seer Air Conditioner, Condenser # 2TWB336A, r Air Handler #2TEC3F036A r r r r r r Bpi v.-IA"p, e (orae i� hul, midz(rouBh untdzrawtu(in� it 's ssmEG'sbea:.. T� pvertiS 24R Passage Islanc Hon2es, Inc. 1910 82nd Ave, Suite 205 i Vero Beach , FL 32966 Ph : ( 772 ) 257- 3500 Fax : ( 772 ) 257 - 3007 i PASSAGE ISLAND HOMES EXHIBIT C r GIFFORD PARK SECURITY HOUSE DRAW SCHEDULE i i i " Draw Roof Dry-In 25% r 2nd Draw Completion of Drywall 25 % 3' Draw Tile/Trim/Paint 25% 4d' Draw Certificate of Occupancy 25% i i i i r r r Bu wisdom a (cruses 6u%lt, and ril mig( mu(erctartairl it fs esracfurlen , r Prowervs 243