HomeMy WebLinkAbout2004-284 INDIAN RIVER COUNTY
EMERGENCY CONTRACT
[Hurricane Jeanne]
[ Highland Drive Storm Sewer Replacement at IRFWCD B - 10 Canal]
THIS INDIAN RIVER COUNTY EMERGENCY CONTRACT ( "Agreement" or
" Contract" ) , entered into as of this 9th day of November, 2004 by and between INDIAN
RIVER COUNTY , a political subdivision of the State of Florida , ( " County" ) and TIMOTHY
�. ROSE CONTRACTING , INC . , a Florida corporation , whose address is 1360 Old Dixie
Highway , SW , Suite 106 , Vero Beach , FL 32962 ( " Contractor" ) .
BACKGROUND RECITALS :
.. WHEREAS , EXECUTIVE ORDER NUMBER 04- 192 ( Emergency Management )
was issued by Jeb Bush , the Governor of the State of Florida on September 1 , 2004 that
declared that Hurricane Frances , alone and in combination with the destruction by
Hurricane Charley , threatens the State of Florida with a catastrophic disaster; and
WHEREAS , EXECUTIVE ORDER NUMBER 04 - 192 ( Emergency Management )
declared that a state of emergency exists in the State of Florida for sixty ( 60 ) days from
September 1 , 2004 , unless extended ; and
WHEREAS , EXECUTIVE ORDER NUMBER 04-206 ( Emergency Management)
dated September 10 , 2004 , extended , due to Hurricane Ivan , the state of emergency that
exists in the State of Florida for sixty ( 60 ) days from September 10 , 2004 , that is , until
November 10 , 2004 , unless further extended ; and
WHEREAS , EXECUTIVE ORDER NUMBER 04 -217 ( Emergency Management )
" dated September 24 , 2004 , extended the state of emergency that exists in the State of
Florida for sixty (60 ) days from September 24 , 2004 , that is , until November 24 , 2004 ,
unless further extended ; and
WHEREAS , Section 8 of each of the aforementioned EXECUTIVE ORDERS found
that the special duties and responsibilities resting upon some state , regional and local
r. agencies and other governmental bodies in responding to the disaster may require them to
deviate from the statutes , rules , ordinances , and orders they administer, and therefore
gave such agencies and other governmental bodies the authority to take formal action by
emergency rule or order in accordance with Sections 120 . 54 (4 ) and 252 . 46 (2 ) , Florida
Statutes , to the extent that such actions are needed to cope with this emergency ; and
WHEREAS , by operation of law , the aforementioned EXECUTIVE ORDERS ,
Florida Statutes sections 252 . 36 , 252 . 38 , and 252 . 46 , and Indian River County
�., Resolutions 2004 — 95 , 2004 — 096 , and 2004 — 118 , the Indian River County Board of
County Commissioners sitting as the Board of Commissioners of the Emergency Services
District of Indian River County has the authority to issue orders and rules during the period
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of the declared emergency , and has delegated the ability to enter into Emergency
Contracts for Indian River County to the County Administrator; and
�. WHEREAS , pursuant to Florida Statutes Section 255 . 20 ( 1 ) (c ) 1 the competitive
bidding requirements generally applicable to counties where a public construction work
must be competitively awarded where the total construction project cost is more than
$200 , 000 or, for electrical work more than $ 50 , 000 , are not applicable where a project is
under taken to replace , reconstruct , or repair an existing facility damaged or destroyed by
a sudden unexpected turn of events , such as an act of God , riot , fire , flood , accident or
other urgent circumstances , and such damage or destruction creates an immediate danger
to the public health or safety ; other loss to public or private property which requires
emergency government action ; or an interruption of a essential government service ; and
WHEREAS , Indian River County hereby finds that the declared emergency and
damage and destruction caused by Hurricane Jeanne has caused Indian River County to
•• sustain damage to an existing road and storm sewer located at Highlands Drive at the
Indian River Farms Water Control District ( IRFWCD ) 13 - 10 Canal and such damage and
destruction creates an immediate danger to the public health or safety ; other loss to public
property which requires emergency government action ; and an interruption of the
essential government service of providing a safe public county road system for the citizens
of Indian River County , all as set forth in Florida Statutes Section 255 . 20 ( 1 ) ( c ) 1 ; and
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WHEREAS , the County has requested that the Contractor submit a proposal to
perform the Work (as hereinafter defined ) on the Project ( as hereinafter defined ) on the
terms and conditions set forth in this Agreement , and the Contractor has agreed to perform
the Work ( as hereinafter defined ) on the Project ( as hereinafter defined ) on the terms and
conditions set forth in this Agreement .
NOW, THEREFORE , in accordance with the mutual covenants herein contained
and other good and valuable consideration , the receipt and sufficiency of which are hereby
"" acknowledged , this Emergency Contract is issued for the purposes set forth herein , and
the parties agree as follows :
1 . BACKGROUND RECITALS . The Background Recitals are true and correct a , id form a
material part of this Agreement .
2 , WORK , The Work under this Contract shall be as more fully set forth in Exhibit A
attached to this Contract and made a part hereof by this reference in connection with the
4W County's repair of the storm sewer at Highland Drive IRFWCD B - 10 Canal ( " Project" ) . It
is mutually agreed between the parties hereto that time is of the essence of this Contract .
2 . 1 Contract Time . Work shall be completed within 30 calendar days from date of
Notice to Proceed .
2 . 2 . Extra or Additional Work . Without invalidating this Contract , the County may at any
time , by written change order and without preliminary notice to the surety , order extra work
within the general scope of this Contract ; request additional work ; or alter the work by
�. addition or reduction , and the contract price will be adjusted accordingly .
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2 . 3 . Suspension of 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
delay damages or allowance of any kind will be made for such suspension of work ;
Contractor' s sole remedy shall be an extension of time for completion of the Contract .
2 . 4 . Coordination/Cooperation . The County and its authorized representatives shall
be permitted proper and safe access to the Work at the Project site , and all reasonable
opportunity for the inspection of all Work and materials at the Project . The County
reserves the right to perform activities in the area where Work is being done under this
Contract with its own forces . The County reserves the right to permit other Contractors to
work within the area where Work is being done under this Contract . Contractor shall
afford the County , and other Contractors , proper and safe access to the Work at the
Project site , and all reasonable opportunity for the introduction and storage of their
�.. equipment , materials and the execution of their work concurrently . Contractor shall not
endanger any work of others by cutting , excavating , or otherwise altering their work and
will only cut or alter their work with the written consent of the County' s project manager
and the others whose work will be affected . The County shall have sole authority and
responsibility for such coordination . The County' s project manager is Christofer J . Kafer ,
Jr. , P . E . Indian River County Engineer .
2 . 5 . Differing Site Conditions . The Contractor shall promptly , and before such
conditions are disturbed , notify the County in writing of: ( 1 ) subsurface or latent physical
conditions at the Project site differing materially from those indicated in this Contract ; or (2 )
unknown physical conditions at the Project site of an unusual nature , differing materially
from those ordinarily encountered and generally recognized as inherent in Work of the
character provided for in this Contract . The County will promptly investigate the
conditions , and if the County finds that such conditions do materially so differ and cause an
increase or decrease in the Contractor's cost of, or the time required for, performance of
any part of the Work under this Contract , an equitable adjustment shall be made and the
Contract modified in writing accordingly .
2 . 6 . Independent Contractor . Contractor represents that it is fully experienced and
properly qualified to perform the Work under the Contract and that it is properly licensed ,
equipped , organized and financed to perform such Work . Contractor shall act as an
independent Contractor and not as the agent of County in performing the Work under this
Contract , maintaining complete control over its employees and all of its suppliers and
subcontractors . The Contractor shall supervise and direct the Work and shall be solely
responsible for the means , methods , techniques , sequences and procedures of
construction subject to compliance with this Contract .
2 . 7 . Subcontractors . The Contractor shall be fully responsible for all acts and omissions
of its subcontractors and of persons and organizations directly or indirectly employed by
them to the same extent that it is responsible for the acts and omissions of persons directly
employed by Contractor . Nothing in this Contract shall create any contractual relationship
between the County and any subcontractor or other person or organization having a direct
contract with Contractor , nor shall it create any obligation on the part of the County to pay
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or to see to the payment of any monies due any subcontractor or other person or
wa organization , except as may otherwise be required by law .
2 . 8 . Jobsite Conditions . Contractor shall comply with , and shall cooperate with , the
County in enforcing jobsite conditions and job work rules which directly affect the
r performance of the Work including but not limited to starting and quitting time , jobsite
safety regulations and daily clean -up .
2 . 9 . Risk of Loss . Until final acceptance of the Work by the County pursuant to this
Contract , the Contractor shall have full and complete charge and care of and shall bear all
risk of loss of, and injury or damage to , the Work or any portion thereof ( specifically
including County furnished supplies , equipment or other items to be used in connection
with , or incorporated in , the Work) from any cause whatsoever.
.. 2 . 10 . Contractor- Furnished Materials , Equipment and Workmanship . Only new , unused
items of recent manufacture , of designated quality, but in no event less than the standard
quality for the improvements , free from defects , will be accepted . Rejected items shall be
••� removed immediately from the Work and replaced with items of specified quality . Failure
by the County to order removal of rejected materials and equipment shall not relieve the
Contractor from responsibility for quality of the materials supplied nor from any other
.� obligation under this Contract . The County' s project manager has the authority to
disapprove or reject Work which is defective ( as herein defined ) ; and to require special
inspection or testing of the Work , whether or not the Work is fabricated , installed , or
completed . Defective Work is Work that: is unsatisfactory , faulty or defective ; does not
conform to the requirements of this Contract ; does not meet the requirements of any
inspection , test or approval referred to in this Contract ; or has been damaged prior to final
acceptance by the County .
2 . 11 . Use of Proiect Site . Contractor shall confine his apparatus , storage of materials ,
and operations of his workers to limits indicated by law , ordinances , permits , and directions
of the County , and shall not unnecessarily encumber any part of the site .
2 . 12 . Laws and Regulations . The Contractor shall give all notices and at all times
comply with all applicable laws , codes , ordinances , rules and regulations in effect during
the time of performance of the Work . Without limiting the generality of the foregoing ,
Contractor covenants and agrees that the Contractor shall not discriminate against any
employee or applicant for employment to be employed in the performance of the
Agreement with the respect to hiring , tenure , terms , conditions or privileges of
employment , or any matter directly or indirectly related to employment because of age ,
.x , physical handicap ( except where based on a bona fide occup .ational qualification ) ,
marital status , race , color , religion , creed , national origin , or ancestry .
2 . 13 . Shop Drawings and Submittals . The procedures for shop drawings and
submittals , if required under this Contract , shall be as follows ; 1 ) J - 7 Manhole ; 2 ) Utility
Services standard requirements for Water Main Installations .
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3 . CONTRACT PRICE . The County shall pay the Contractor the amount of One Hundred
and twenty-one thousand one hundred and twelve dollars and no cents ($ 121 , 112 . 00 ) for
the Work at the price ( s ) stated on Exhibit B ( Bid Schedule ) upon completion and final
acceptance by the County' s project manager. No additional payment shall be made to the
Contractor except for additional work or materials as stated on a valid change order issued
by the County prior to the performance of the additional work or delivery of materials . The
obligations of the County under this Contract are subject to the availability of funds lawfully
appropriated for the Project by the Board of County Commissioners of Indian River
County .
3 . 1 Payments to Contractor . The Contractor shall submit completed monthly partial
payment requests covering the Work performed during the period covered by the partial
payment request to the County' s project manager. Such partial payment requests shall be
supported by such data as the County may reasonably require . The payment request will
either be approved by the County , or be returned to the Contractor with the reasons for
r., refusing to approve the payment in writing . In the latter case , the Contractor may make
the necessary corrections and resubmit the partial payment request . The County will pay
the Contractor progress payment on the basis of the approved partial payment request in
accordance with the provisions of the Florida Prompt Payment Act , Section 218 . 70 , Florida
Statutes , et seq . The County shall retain ten ( 10 ) percent of the payment amounts due to
the Contractor until final completion and acceptance of all Work to be performed by the
+�• Contractor under the Contract Documents . Each request for a partial payment shall be
submitted on County—provided forms , and accompanied by the certification of Contractor.
3 . 2 . Contractor's Warranty of Title . The Contractor warrants and guarantees that title
to all Work covered by an Application for Payment , whether incorporated in the Work or
not , shall pass to the County prior to the making of the Application for Payment , free and
clear of all liens , claims , security interests , purchase money security interest , chattel paper
or encumbrances of any nature whatsoever. The Contractor shall make the following
certification (Affidavit ) on each request for payment : " I hereby certify that the labor and
materials listed on this request for payment have been used in the construction of this
Work and payment received from the last request for payment has been used to make
payments to all subcontractors , laborers , material men and suppliers except as listed
below : -------"
3 . 3 . Prosect Certification Documents . Prior to submitting an invoice for Final Payment ,
Contractor shall provide the following : a ) Certification statement that "The Work has been
completed in accordance with the Contract" ; b ) final lien waivers from laborers ,
materialmen , subcontractors or sub-subcontractors (as each term is defined in Florida
Statutes section 713 . 01 (2004 ) ; and c) consent of the Surety to final payment and /or partial
release of retainage .
3 . 4 . Final Completion . Upon final completion and acceptance of the Work the entire
balance found to be due to the Contractor, including the retainage , but except such sums
as may be lawfully retained by the County, shall be paid to the Contractor within thirty ( 30 )
days of final completion and acceptance of the Work .
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3 . 5 . Acceptance of Final Payment as Release . The acceptance by the Contractor of
final payment shall be and shall operate as a release to the County from all claims and all
liability to the Contractor other than claims in stated amounts as may be specifically
excepted by the Contractor for all things done or furnished in connection with the Work
under this Contract and for every act and neglect of the County and others relating to or
arising out of the Work under this Contract . Any payment , however, final or otherwise ,
shall not release the Contractor or its sureties from any obligations under the Contract or
.r the Payment and Performance Bonds .
3 . 6 , Audit , The Contractor agrees that the County or any of its duly authorized
representatives shall , until the expiration of three ( 3 ) years after final acceptance of the
Work, have access to and the right to examine any and all books , documents , papers , and
records of the Contractor involving transactions related to this Agreement and the Work
constructed hereunder. The Contractor agrees that payment( s ) made under this
Agreement shall be subject to reduction for amounts charged thereto which are found on
the basis of audit examination to constitute non -allowable costs under this Agreement .
The Contractor shall promptly refund by check payable to the County the amount of such
reduction of payments . All required records shall be maintained until the later of an audit is
r. completed and all questions arising therefrom are resolved , or six ( 6 ) years after
completion of the Work and issuance of the final completion certificate .
4 . PERFORMANCE GUARANTEE AND WARRANTY . Contractor warrants all equipment ,
materials , and labor furnished or performed under this Contract, against defects in design ,
materials and workmanship for a period of twelve months from and after final Completion
of the Work under this Contract , regardless of whether the same were furnished or
performed by Contractor or by any of its subcontractors . Contractor agrees to remedy
promptly and without cost to County , any defective materials or workmanship that appear
within one ( 1 ) year from the date of completion of the work . Contractor and its Surety shall
be liable for the satisfaction and full performance of the warranties as set forth herein and
any damage to other parts of the Project caused by the Contractor' s failure to perform
pursuant to this Contract . The Contractor shall commence work to remedy or replace the
defective or deficient Work within five ( 5 ) calendar days after receiving written notice from
the County . If the Contractor fails to remedy or remove or replace that Work or material
which has been found to be defective , then the County may remedy or replace the
defective or deficient Work at the Contractor' s expense . The Contractor shall immediately
pay the expenses incurred by the County for remedying the defectsThe County and
Contractor agree that a warranty inspection shall be scheduled no later than eleven ( 11 )
months after final payment under this Contract so that the County and the Contractor may
inspect and otherwise examine the Work prior to the expiration of the Performance Bond .
No Work defective in construction or quality , or deficient in meeting any requirement of the
Contract , will be acceptable regardless of County' s failure to discover or to point out
defects or deficiencies during construction ; nor will the presence of field representatives at
the Work or the satisfaction of the Work meeting applicable code requirements relieve
Contractor from responsibility for the quality of Work as required by the Contract .
5 . INSURANCE . The Contractor shall procure and maintain , during the life of this
Agreement , insurance of the types and in the amounts set forth in Exhibit C attached to
this Contract and made a part hereof by this reference .
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6 . INDEMNIFICATION . Contractor agrees to indemnify and hold harmless the County ,
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
Work under this Agreement . This indemnification and hold harmless provision shall survive
the termination or expiration of this Agreement .
7 , TERMINATION . The County reserves the right to terminate this 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 , with or
without cause ; or if the Contractor submits a false invoice to the County , all upon ten ( 10 )
days notice in writing .
8 . PUBLIC DISCLOSURE STATEMENT . Any entity 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 must be
disclosed as follows : Father , mother , son daughter, brother , sister, uncle , aunt , first
cousin , nephew , niece , husband , wife , father- in -law , mother- in -law , daughter-in - law , son -
in -law , brother- in-law, sister4n -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 . Contractor has
made the required disclosure of relationships on the required form attached to this
Agreement and made a part hereof by this reference .
9 . PUBLIC ENTITY CRIMES Pursuant to Florida Statutes Section 287 . 133 (2 ) (a ) , the
Contractor is 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 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 .
10 . PAYMENT BOND . The Contractor shall , upon execution and return of this Agreement
to the County , furnish a Payment Bond in the required form covering the faithful
performance of this Agreement and the payment of all obligations arising hereunder in the
amount of one hundred percent ( 100 % ) of the total Contract Price with a Surety included in
the most recent United States Department of the Treasury List of Acceptable Sureties and
authorized to issue surety bonds in Florida . A complete copy of the fully executed
Payment Bond shall be posted in a conspicuous place at the Project site . The form of the
Payment Bond is attached to this Contract as Exhibit D and made a part hereof by this
reference . The completed Payment Bond must be satisfactory to the County, and the
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Contractor shall coordinate with the County as to the recording of the Payment Bond in the
public records of Indian River County as required by the Florida Statutes .
11 , PERFORMANCE BOND . The Contractor shall , upon execution and return of this
Agreement to the County , furnish a Performance Bond in the required form in the amount
of one hundred twenty five percent ( 125 % ) of the total Contract Price with a Surety
included in the most recent United States Department of the Treasury List of Acceptable
Sureties and authorized to issue surety bonds in Florida . A complete copy of the fully
executed Performance Bond shall be posted in a conspicuous place at the Project site .
The Contractor guarantees the Work to be free from defects for a period of one ( 1 ) year
from final payment by the County , in accordance with the guarantee requirements of the
Contract and the Performance Bond . The form of the Performance Bond is attached to
.. this Contract as Exhibit E and made a part hereof by this reference . The completed
Performance Bond must be satisfactory to the County , and the Contractor shall coordinate
with the County as to the recording of the Performance Bond in the public records of Indian
.r River County as required by the Florida Statutes ,
11 . 1 . Surety. If the Surety on any Bond furnished by Contractor is declared
bankrupt or becomes insolvent or its authorization to do business in the State of Florida is
terminated or it ceases to be listed on the United States Department of Treasury List of
Acceptable Sureties , Contractor shall within five ( 5 ) days thereafter substitute another
Bond and Surety , each of which shall be in accordance with the Contract and acceptable
to County .
12 . CONTRACT INTERPRETATION . All claims of Contractor and all questions the
Contractor may have concerning interpretation or clarification of this Contract or its
acceptable fulfillment shall be submitted immediately in writing to County for resolution .
The County , or its representatives , shall render its determination concerning such
resolution , which determination shall be considered final and conclusive . At all times ,
Contractor shall carry on the Work and maintain the progress schedule in accordance with
the requirements of the Contract and the determination of the County , pending resolution
of any dispute .
13 . FEDERAL AND STATE TAXES . The County is exempt from payment of Florida State
Sales and Use Taxes . The Contractor shall not be exempt from paying sales tax to its
suppliers for materials used to fulfill contractual obligations with the County , nor is the
` Contractor authorized to use the County's Tax Exemption Number in securing such
materials . The Contractor shall be responsible for payment of all federal , state , and local
taxes and fees applicable to the Work and same shall be included in the Contract Price .
14 . MERGER ; MODIFICATION . This Agreement incorporates and includes all prior and
contemporaneous negotiations , correspondence , conversations , agreements or
understandings applicable to the matters contained herein and the parties agree that there
are no commitments , agreements , or understandings of any nature whatsoever concerning
the subject matter hereof that are not contained in this document . Accordingly , it is agreed
that no deviation from the terms hereof shall be predicated upon any prior or
contemporaneous representations or agreements , whether oral or written . No alteration ,
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change , or modification of the terms of this Agreement shall be valid unless made in
writing and signed by the Contractor and the County .
15 . GOVERNING LAW ; VENUE . This Agreement , including all attachments hereto , shall
be construed according to 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 .
16 . REMEDIES ; NO WAIVER . All remedies provided in this Agreement shall be deemed
cumulative and additional , and not in lieu or exclusive of each other or of any other remedy
available to either party , at law or in equity . Each right , power and remedy of the parties
provided for in this Agreement shall be cumulative and concurrent and shall be in addition
to every other right , power or remedy provided for in this Agreement or now or hereafter
existing at law or in equity or by statute or otherwise . The failure of either party to insist
.. upon compliance by the other party with any obligation , or exercise any remedy , does not
waive the right to so in the event of a continuing or subsequent delinquency or default . A
party' s waiver of one or more defaults does not constitute a waver of any other
•• delinquency or default. If any legal action or other proceeding is brought for the
enforcement of this Agreement or because of an alleged dispute , breach , default or
misrepresentation in connection with any provisions of this Agreement , each party shall
bear its own costs .
17 . SEVERABILITY . If any term or provision of this Agreement or the application thereof
to any person or circumstance shall , to any extent , be held invalid or unenforceable for the
remainder of this Agreement , then the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable shall not be
affected , and every other term and provision of this Agreement shall be deemed valid and
enforceable to the extent permitted by law .
18 . NO PLEDGE OF CREDIT . The Contractor shall not pledge the County' s credit or
make it a guarantor of payment or surety for any contract , debt , obligation , judgment , lien
or any form of indebtedness ,
19 . PUBLIC RECORDS , The Contractor shall comply with the provisions of Chapter 119 ,
Florida Statutes ( Public Records Law) in connection with this Agreement .
20 , NOTICES . Any notice , request , demand , consent , approval , or other communication
required or permitted by this Agreement shall be given or made in writing and shall be
served , as elected by the party giving such notice , by any of the following methods : ( a )
Hand delivery to the other party; ( b ) Delivery by commercial overnight courier service ; or
( c) Mailed by registered or certified mail ( postage prepaid ) , return receipt requested at the
addresses of the parties shown below :
County : Indian River County
Attn : Christofer J . Kafer , Jr .
Project Manager
184025 th Street, Vero Beach , FL 32960-3365
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Phone : ( 772 ) 226 - 1221 ; Facsimile : ( 772 ) 778-9391
�. Contractor: Timothy Rose Contracting , Inc .
Attn : Timothy W . Rose , President
1360 SW Old Dixie Highway, Suite 106
.. Vero Beach , FL 32962
Phone : ( 772 ) 564-7800 , Facsimile : ( 772 ) 564-7888
+� Notices shall be effective when received at the address as specified above . Facsimile
transmission is acceptable notice effective when received , provided , however, that
facsimile transmissions received (i . e . , printed ) after 5 : 00 p . m . or on weekends or holidays ,
will be deemed received on the next day that is not a weekend day or a holiday . The
original of the notice must additionally be mailed . Either party may change its address , for
the purposes of this section , by written notice to the other party given in accordance with
the provisions of this section .
21 . SURVIVAL . Except as otherwise expressly provided herein , each obligation in this
Agreement to be performed by Contractor shall survive the termination or expiration of this
Agreement .
do 22 . CONSTRUCTION . The headings of the sections of this Agreement are for the purpose
of convenience only , and shall not be deemed to expand , limit , or modify the provisions
contained in such Sections . All pronouns and any variations thereof shall be deemed to
refer to the masculine , feminine or neuter, singular or plural , as the identity of the party or
parties may require . The parties hereby acknowledge and agree that each was properly
represented by counsel and this Agreement was negotiated and drafted at arm 's- length so
�. that the judicial rule of construction to the effect that a legal document shall be construed
against the draftsperson shall be inapplicable to this Agreement
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23 . COUNTERPARTS , This Agreement may be executed in one or more counterparts ,
each of which shall be deemed to be an original copy and all of which shall constitute but
one and the same instrument .
CONTRACTOR : TIMOTHY ROSE INDIAN RIVER COUNTY
CONTRACTIN
By . C �
,.. Timothy W . Rose , President
seph A . Baird
I ian River County Administrator
do d Indian River County Emergency
grvices District Director
•• ApAiani
to form and leg * suffici ncy :
B%/
.. Fell , Assistant County Attrney
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EXHIBIT A
SCOPE OF WORK
HIGHLAND DRIVE STORM SEWER REPLACEMENT
AT IRFWCD B- 10 CANAL
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This project is for the replacement of Two (2 )- 27 x 43" corrugated metal pipes plugged and
collapsed during Hurricane Jeanne , with 1 - 48" x 76 " elliptical reinforced concrete pipe . The
�.. work associated with this is as followed :
1 . Location - IRFWCD B- 10 Canal under Highland Drive ( Highland Drive south of 215«
Street SW ) .
2 . Highland Drive has been , and will remain closed during construction between 13`h
Avenue and 21 " Street SW . The roadway , Miami curb , and most of the existing 2-27" x
43 " CMP pipes have been removed and an open ditch exists .
dw 3 . An existing metal drainage structure will be required to be removed and replaced with an
FDOT J-7 manhole on the east side of Highland Drive .
4 . The proposed storm water improvement is in direct conflict with an existing active 10-
inch water main located along Highland Drive , The existing water main shall be
'W abandoned in place , where feasible , and a new ductile iron water main installed that will
allow for installation of the storm water improvements . The following is a general
overview of the work to be performed .
4a . A 10-inch asbestos cement (AC) water main is conflicting with the proposed construction
of the storm drainage pipe and must be lowered.
+� 4b . Isolate the existing AC water main on each side of the proposed pipe crossing . Provide
temporary water service to existing residential 'homes impacted by the water main shut
down .
.. 4c . Isolate the section of main to be abandoned / shutdown. Install a line -stop valve on each
side of the pipe crossing . Provide thrust restraints to prevent movement of the installed
valve .
4d. Remove or abandon in-place the 10 -inch AC pipeline . Only pipe that has been pressure
grouted or crushed in-place will be accepted as abandoned.
4e . Install ductile iron water main along with four (4) ductile iron 45 -degree fittings to the
Aw proper depth of cover to cross under the storm drain lines .
4f. Install two (2) 10-inch gate valves with valve boxes & cover. A 10 -inch gate valve shall
be installed on each side of the pipe crossing .
4g. Install blow off taps and flush the isolated section of water main while introducing liquid
"` chlorine (disinfectant) . The use of chlorine tablets is prohibited .
4h . Perform hydrostatic pressure test to 125 -psi minimum for 2-hours .
4i . Perform 2 -day bacteriological testing and analysis pursuant to FDEP .
" 4j . All work is to be performed in accordance with Indian River County Utility Services
design & construction standards as well as the Florida Department of Environmental
Protection (FDEP) .
5 . 48" x 76 " ERCP pipe will be installed , backfilled and roadway constructed ( 10 " shellback
base (2 lifts ) and 2" Type S - 1 Asphaltic Concrete ) . Miami curb shall be installed and
.. match line and grade of existing Miami curb (approximately 56 LF ) .
6 . All disturbed areas shall be sodded with bahia sod or match existing .
7 . Rubble Rip Rap shall be instil et :; on the west side of the proposed 48 " x 76" ERCP .
aw 8 . Guardrail shall be reset on west side of Highland Drive .
9 . All work is to be performed in accordance with FDOT Standard Specifications for Road
and Bridge Construction (2004 ) ,
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10-20-2004 1 : 29PM FROM INDIAN RIVER COUNTY 7727789391 p . 4
EXHIBIT B
BIC SCHEDULE
,,. ElIGHIL,AND DIVE STORM SEWER REPLACEMEN r
AT_ IRFWCD BAD CANAL
ITEM DESCRIPTION QUANTITY UNIT UNIT TOTAL
PRICE
1 Mobilization/Demobilization ' 1 LS
ow 2 Prevention , Control and 1 LS
Abatement of Erosion and
Water Pollution ,
• Sedimentation and Siltation 34ft0 -Q
with Silt Fences , Turbidity
Screens , etc,
.. 3 48" x 76" . ERCP { install ) 88 LF p
v
4 J -7 Manhole (3 .5' x 8' ) 1 EA
5 Rubble Rip Rap 45 TN / 00
. 5 Reset Guardrail 1 LS
7 Miami Curb 56 LF
8 10 " Cemented Coquina Shell 90 SY
r" Base (2 lifts ) (Furnished and
Install) (Includes Curb Pads) 2W Z I
.� 9 3 ' Type S4 Asphalt Concrete 75 SY 0..
r
10 Bahia Sod (or Match Existing ) 1 LS 2
11a 10=inch ductile Iran Water. 1 LS
r. 'Main aftet ZySU z ySv S
12 Record Drawings / As -Built 1 LS
(Ware^ line , Storm sewer end
stiv=res) Provide in Stag plane
coordinates , Mylar and electronic format
AutoCAD
13 Payment Bond 1 LS f zoo ( Z a
14 Performance gond 1 LS Z n 12 0 ,�:)
15 Construction Stakeout and 1 LS /SJ0 to / �.. o '0
�. Surve
< t
1 1
ur F:lErtgit�eeringlCapttal Flmjecls"ghlaod Drive Slone Sewer R®placemeftZANNE EMERGENCY CONTRACT 2004 ,doe 14
10120120014
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Addenda :
The following Addenda have been received and are included in the Base Bid :
Addendum No , 1 Yes )( Date QCZUX r
Addendum No . 2 Yes _ Date
., Addendum No . 3 Yes _ Date
Addendum No. 4 Yes Date
ow Time of Completion :
The Work shall commence immediately upon execution of the Contract and shall be
substantially complete on or before consecutive calendar days thereinafter.
The undersigned hereby certified that they have read and understand the contents of this
solicitation and agree to furnish at the prices shown any or all of the items above , subject
to all instructions , conditions , specifications and attachments hereto . Failure to have read
all the provisions of this solicitation shall not be cause to alter any resulting contract or
request additional compensation .
Contractor License��(��
.. Company Name : 1
FEIN #
Address &.5u did in I If! ID lAi sArItv
CityVP ro beach ST L . Zip Code
Authorized
Signatur Date I r) _ - (�)4
Typed/Printed
Name : Tlf�'�t ra �1tf)� Title : � rPs \'d, 12. n41
Telephone (naa) 6(A1_203 ! Fax _()_54tb4 - 9W ? ?
E - Mail Address :
C-Mocuments and Seltings\chrisk\Lccat Settings\Temporary Internet Files\OLK626UEANNE EMERGENCY CONTRACT 20D4 Am 15
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EXHIBIT C
INSURANCE
1 . The Contractor shall not commence Work under this Agreement until it has obtained all
insurance required under this Agreement and such insurance has been approved by the
County' s Risk Manager . The COUNTY shall be named as an additional insured on all
policies except workers ' compensation :
. 1 . Workers ' Compensation : Workers ' Compensation as required by the State of
Florida . Employers ' Liability of $ 100 , 000 each accident , $ 500 , 000 disease policy limit , and
$ 100 , 000 disease each employee .
. 2 . General Liabilitv: commercial general liability coverage , in an amount not less than
$ 3 , 000 , 000 combined single limit for bodily injury and property damage , including
coverage for premises/operations , products/completed operations , contractual liability , and
.r independent contractors .
3 . Business Automobile Liabilitv : in an amount not less than $ 3 , 000 , 000 per
occurrence combined single limit for bodily injury and property damage , including coverage
for owned autos , hired autos , and non -owned autos .
. 4 . Builder's Risk : coverage shall be all - risk with limits equal to one hundred percent of
the completed value of the construction and must be endorsed to provide a
machinery/equipment endorsement to provide coverage during transit and installation and
further endorsed to provide a waiver of occupancy endorsement to enable the County to
occupy the facility under construction .
2 . Contractor' s insurance coverage shall be primary .
3 . All required insurance policies shall be placed with insurers licensed to do business in
Florida and with a Best' s rating of A VII or better.
+• 4 . The insurance policies procured shall be occurrence forms , not claims made policies .
_5.. The _ ins.urance company ( ies) selected shall send written verification to the County Risk
to Manager that they will provide thirty ( 30 ) days prior written notice to the County Risk
Manager of intent to cancel or modify any required policies of insurance .
to 6 . The Contractor shall include all subcontractors as insureds under its policies or shall
furnish separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein .
=ocurnents and Settings\chhsklLocal Settings\Temporary Internet Files\OLK626UEANNE EMERGENCY CONTRACT 2004 Am 16
1590110 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN
RIVER CO . FL , BK : 1800 PG : 1444 , 11 / 10 / 2004 04 : 32 PM
ta•
lwll
PUBLIC WORKS BOND
tr
"r THIS IS THE FRONT PAGE OF THIS PERFORMANCE AND PAYMENT BOND
ISSUED IN COMPLIANCE WITH CHAPTER s255.05 FLORIDA STATUTES.
grr BOND NO, 5 3 2 4 2 3 P
CONTRACTOR NAME: 11MOtny KOse Gontracting , inc ,
CONTRACTOR ADDRESS: i x i e wy , e
1 =-
Vero Beacm ,
CONTRACTOR PHONE NO,
SURETY COMPANY: Developers Surety and n e m n i tt o m a n y
IbU South ine Island Road , Ste 115
P antation , L=324 954 - 693 - 0270
OWNER NAME : _Board of County Commissioners Indian River Count
,.� OWNER ADDRESS: 1840 25 Street
Ve-ro Beach FL 49960 - 3366
OWNER PHONE NO.
OBLIGEE NAME: (if contracting entity
to is different from the owner, the contracting public
entity)
OBLIGEE ADDRESS:
+rr OBLIGEE PHONE NO.
BOND AMOUNT: $ 1519390s00
CONTRACT NO. (ft Applicable) Project 0447
DESCRIPTION OF WORK: Highland Drive Storm Sewer Replacement
tar
is IRFWCD B - 10 Canal
PROJECT LOCATION : Vero Beach ,
wr LEGAL DESCRIPTION :
r FRONT PAGE
tr
(ALL OTHER BOND PAGES ARE DEEMED SUBSEQUENT TO THIS PAGE REGARDLESS OF ANY
PAGE NUMBERS THAT MAY BE PRE-PRINTED THEREON)
wr
.. AWMUE COPv
CERTIFICA NN 014 6LERK t P
J .K. BARTO
dw
r.
' BK : 1800 PG : 1445
ow
532423P
9
to E.XHIBIT D
PAYMENT BOND
er KNOW ALL MEN BY THESE PRESENTS :
BY THIS BOND , we ( 772 ) - 564 - 7800
TimothyRose Contractin Inc , 1360 SW rDixie Hwy
g + Varn Rr+ ah FI '2909 , as Principe! ft
(Contractor) ( Insert name, principal business address, and telephone number r�f
Principal/Contractor)
r
and
( 954 ) 693 - 0270
Developers Surety and Indemnity Company acorporation,
as Surety, ( Insert name , principal business address , and telephone number of Surety)
150 South Pine Island Road , Ste 15 , P1 n ion , FLL 33324
are held an firmly bound unto the County of Indian River, Florida , 1• �0 StreeL•Yero.
Beach, Florida 329601 (772) 567-8000, in the sum of O n e Hundred Twenty One T h o u s a n d
+ter n e Hundred lweivrsDollars ($ 121 112 ), QQrounting to 100 % of the total
bid price. For the payment of said
sum we bind ourselves , our heirs , executors, administrators and assigns , ointly and
severally, for the faithful performance of a certain written Contract, dated the
day ofaut- 2004, entered into between the Principal and the
County of Indian River, for: _
No Bond - Number: 5 3 2 4 2 3 P
ProjectNamp: Highland Drive Strom Sewer Replacement
County Project_ Number: 0447
_
Project Address :
Vero Beach . Florida (772)567-8000 ext 1419 _
A copy of said Contract is incorporated herein by reference and is made a part hereof as If
rrw fully copied herein .
NOW, THEREFORE , THE CONDITIONS OP THIS OBLIGATION ARE SUCH , that, if then '
Principal shall promptly make payments to all claimants , as herein below defined , then A&
W, obligation shall be void ; otherwise, this Bond shall remain in full force and effe" subjecttci
the following terms and conditions:
1 . A claimant, as defined in Florida Statutes Section 255.05 ( 1 ) , is any person
supplying Principal with labor, materials , or supplies , used directly or indirectly `by Principal`
in the prosecution of the VUiork provided for in the Contract. `
2. Florida Statutes Section 255.05 (2004) , as amended from time to time,
together with all notice and time provisions contained therein , is incorporated herein in its
entirety bythis reference .
CADwW ftL• and SadJrw%cMzkUW S*WrW%T#f W&fy 10MMI FlIYIDLRG4EL B"C CUERGMCY COWMCT 704 .&c 17
A TRUE COPY
CERTIFICATION ON LAST PAGE
J,K BARTON, CLERK
i
M
' BK : 1800 PG : 1446 ,
w
The Surety, for value received , hereby stipulates and agrees that no change , extension of
time , increase in Contract price , alteration of or addition to the terms of the Contract or to
the Work to be performed there under or to the Drawings or Specifications applicable
thereto , shall in any way affect its obligations on this Bond , and the Surety hereby waives
notice of any such change , extension of time , alterations of or addition to the terms of the
Contract, or to the Work or to the Specifications or to the Drawings .
The Surety, for value received , hereby stipulates and agrees that no charge , extension of
~ time, alteration of or addition to the terms of the Contract or to the work to be performed
there under, shall in any way affect its obligations on this Bond, and the Surety hereby
waives notice of any such change, extension of time , alterations of or addition to the terms
of the Contract, or to the work under the Contract. _
err
The Principal and Surety jointly and severally covenant and agree that this Bond will
remain iri f6n force and effect for a period of one year commencing on the- date of -Fief
Completion as established on the Certificate of Final Completion as issued by the County
of India River.
The Principal and Surety jointly and severally, agree to pay the County of Indian River. all
losses , damages, expenses , costs , and attorney's fees , including appellate proceedings ,
+� that the County of Indian River sustains because of a default by the Principal under the
Contract .
IN WITNESS WHEREOF, the above bound parties executed this instrument under their
several seals, this9 day of N o v e m b e r 20 0 4 the name and corporate seal of
each corporate party being hereto affixed and these presents duly signed by -its
undersigned representative , pursuant to authority of its governing body. _
++� . . . . . . . . . . as " . . . . . . . . . . . . . . . mpg . . . . . . . 11 . , Opp . . , . . . . . . . . Rana man . . amp . . amp ANN ANN . . .
WHEN THE PRINCIPAL IS A CORPORATION :
Attest
Timothy Rose Contra d'a1E , � •.
Secretary oV.0 r�
(Affix Corpts 3• • • ��
Timothy Rose y °' ' , ' {l �• ,l '�
4.
i Printed Name
President
Official Title
•w
C:lDxum.nls and Sadlnp.tilvi+kLLod Se11Yq,RmP>vY I"Mt F;ft0LKMVUEMNE MAGSNCY CONTRACT 2004 .dm 18
A TRUE COPY
CERTIFICATION ON LAST PAGE
J. K, BARTON. CLERK
' BK : 1800 PG : 1447
r111r
r -
CERTIFICATE AS TO CORPORATE PRINCIPAL
certify that I am the Secretary of the corporation named
as Principal in the within bond; that who
signed the said bond on behalf of the Principal was then
of said corporation : that I know his signature , and his signature thereto is genuine;
and that said Bond was duly signed , sealed and attested for and on behalf of Said
corporation by authority of its governing body. ,
r
Secretary (SE4L)
TO BE EXECUTED BY CORPORATE SURETY:
`r Ar1Ji;a
Developers Surety and. . Indemnity Company
llama x W i s Corporate Suret�
150 South Pine I s I a n Road , *Tte 115
Pla a ion , FL 33324
usin s,Address
BY:
o rt Barr Attorney In Fact
(Affi rporate SEAL)
r
Robert BarAflVmey4nwFact
Bob Barra Bonds , Inc . . _
Ijame f L cal' Age c
ow 9373 West . . ampQe �2oad , We j) 6
Coral Springs , FL 33065
Business Address `
r STATE OF FLORIDAJs
COUNTY OF INDIAN RIVER
y
4
Before me , a Notary Public, duly commissioned , qualified and acting, person apptr
Robert Barra ;,,,«
„r to me well known , who being b me first dul svvo ' -
upon oath , says that he is the attorney-In-fact for the Developers yS u r e t .y ti n " I ;ii d n i' t 'y
c o .
and that he has been authorized by Attached Power of Attorney ;`. • .
execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the
County of Indian River, Florida . Subscribed and sworn to before me this 9 day of N o v e m b e r
12004 ,
WaA, c--
y, e.NOdmaowws Notary Public, State of Florida
FJOQS 001*w UL gas
My Commission Expires:
ow CAD= is MA S&M0x%0hMKoW SetUr aToofory InWml F005A0UfG2EU6ANNE W=GCNCY DONMA= 2004 .AM
A TRUE COPY
CERTIFICATION ON LAST PAGE
J . K, BARTON , CLERK
r.
BK : 1800 PG : 1448
`re
532423P
EXHIBIT E
PERFORMANCE BOND
• KNOW ALL MEN BY THESE PRESENTS :
BY THIS BOND , we
Timothy Rose Contracting , Inc , 1360 SW Old Dixie Hwy Vero Beach , FL
r772 - 564 - 7800 as Principal 32962
(Contractor)
(Insert name , principal business address , and telephone number of Principal/Contractor)
and
Developers Surety and Indemnity Company acorporation ,
7T�South Pure Island Road , Ste 115 , Plantation , FL 33324
as Surety, 954 - 693 - 0270
( Insert nar V, principal business, and telephone number of Surety)
r are held and firmly bound unto the County of Indian River, Florida, 1840 201' Street, Vero
Beach, Florida 32960 , (772567-8000) , in the sum of O n e H u n d r e d F i f t y O n e T h o u s a n d
Three Hundred Dollars ($ 151 , 39 fifounting to 125% of the total contract price .
For the payment of said sum we bind ourselves , our heirs , executors, administrators and
assigns , jointly and severally, for the faithful performance of a certain written Contract,.
r.
dated the ., day of _ ! V � � ti`s- 4 2004 entered into between
the Principal and the County of Indian River, for.
Bond Number: 5 3 2 4 2 3 P
Project Name: Highland Drive Storm Sewer Repla.cement
• County Project Number. 447
Project Address. -
irr -
T
A copy of the Contract is incorporated herein by reference and is made a part hereof as
fully copied herein.
101 NOW , THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the
Principal shall In all respects comply with the terms and conditions of said Contract and Its
obligations thereunder, and shall indemnify and save harmless the County of Indian River
against and from all from liabilities , damages , losses and costs, including, but not limited
to , reasonable attorney's fees, tp the extent caused by the negligence , recklessness, or
intentional wrongful misconduct of the Principal , its agents and employees in the
performance of the Contract, EInd further, if the Principal shall promptly make payments to
all who supply him with labor and/or materials used directly or indirectly by the Principal in
the prosecution of the Work provided for in said Contract, then this obligation shall be null
e' and void ; otherwise, the Principal and Surety, jointly and severally, agree to pay the
County of Indian River and difference between the sum that the County of Indian River
wDxtmonle and 9eIllnpekhn,lALee91 sewnpffawpar/ry inwmal GINOLI 02"GU NNE.EMERCENCY CONTRACT 4001 .600
20
�. A TRUE COPY
CERTIFICATION ON LAST PAGE
J . K. BARTON , CLERK
.r
BK : 1800 PG : 1449
■,i, may be obliged to pay for the completion of the Work, by contract or otherwise. The
Surety, for value received , hereby stipulates and agrees that no change , extension of time,
alteration or addition to the terms of the Contract • or to the work to be performed
thereunder, shall in any way affect its obligations on this Bond , and it does hereby waive
M notice of any such Change , extension of time, alteration or addition to the terms of the
Contract or to the Work.
o
The Principal and Surety jointly and severally covenant and agree that this Bond wiH
remain in full force and effect for a period of one year commencing on the date of Firial
Completion as established in the Certificate of Final Completion asissued by-the County of
Indian River,
IN WITNESS WHEREOF , the above bound parties executed this instrument under their
VW several seals , this 9 day of N o v e m b e r FFlFFllFF02004 the name and corporate seal of
each corporate party being hereto affixed and these presents duly signed by its
undersignbikrepresentative, pursuant to authority of its governing body. _
*****ix**RrrrlfrfrrrrnrrrllFrrVrr.wWMrrtq.*i1Yt1nF*rtt�rRreTefr*r*rrrrr*r!*.k#****xrfr �
++ � WHEN THE PRINCIPAL IS A CORPORATION :
✓n
J
Attest: r
Timothy RosCo a
Secretary 7
rt1e cs «{•� ': ' .
Y: c`
Affil
Timothy Rose
Printed Name'
President
Official Title .
.r
CERTIFICATE AS TO CORPORATE PRINCIPAL
I certify that I am the Secretary of the corporation nam$d
as Principal in the within bond ; that r
, who
signed the said bond on behalf of the Principal was then - —
J
r
of said corporation ; that I know his signature, and his signaturg thereto i$
genuine ; and that said Bond was duly signed , sealed and attested for and on behalf oto
Said corporation by authority of its governing body.
(SEAL) ti Secretary FFy
nir
C:10oamanlc uM 3W*=% vMWU.= lSemngs\tevpmery 1MINnll P WDLK621MMANNE EMERGENCY CONTRACT 2M .We 21
A TRUE COPY
CERTIFICATION ON LW PAGE
J . K. BARTON, CLERK
rrr
r
BK : 1800 PG : 1450
TO BE EXECUTED BY CORPORATE SURETY:
e :
Developers Surety and Indemnity
pglcyc Witne or r mpany
1 50 'PR ��� 1 l and Road , STe 11
Pla t ti n , L 324
M NA
s
o to SEAL)
R 6 AttorneHn-Fact
Bobegarrrar onds , Inc ,
rr 9373 V8R eq.4R9l2 'RF9dR , Ste 206
Coral Springs , FL 33065
Business Address
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me, a Notary Public, duly commissioned , qualified and acting , personalty appeared
Robert Barra to me well known , who being by me first duly sworn
upon oath , says that he is the attorneyAn-fact for the De v e l o pe r s Su r e t y a n d In d e m n i t y Ci
and that he has been authorized by A t t a c h e d P o w e r o f A t t o ,p(p e y execute the
F t
foregoing bond on behalf of the CONTRACTOR named therein in favor of the 666 `of
Indian River, Florida . Subscribed and sworn to before me this 9ji pfeb%er
1 . 2004
Notary PublicIS
tat
o of
Florida Wo
+� My Commission Expires: IO Z1o,6 ,ff
Yl
YyCw dWm00=M
�► „� e,�.. osoer �r. aae
{ 1
MADW lsmW "1i,gWQk4X9I 8cunpATwmwwr Inldnel Hoc OL W WEANNE EMCRGENCY 00WMCT2M .dw zC
A TRUE COPY
CERTIFICATION ON LAST PAGE
�r. J . K. BARTON , CLERK
a
BK : 1800 PG : 1451 y
Irr -
TERRORISM RIDER
�+ NOTICE-FEDERAL TERRORISM INSURANCE COVERAGE
AND DISCLOSURE OF PREMIUM
r
Any loss applicable to a peril covered under this bond that is caused
by a certified act of terrorism pursuant to the terms of the Terrorism
Risk Insurance Act of 2002 ("the Act'), will be partially reimbursed
by the United States under a formula established by federal law.
A
Under this formula, the United States pays 90% of covered terrorism '
losses exceeding a statutorily established deductible to the insurance
company providing this bond. The portion of your annual premium
• attributable to certified acts of terrorism under this bond is $0.00.
rr COVERAGE LIMITATIONS
Payment for a loss will not exceed the limit of liability under this
bond. This bond will not pay for any portion of certified terrorism
loss beyond any applicable annual liability cap set forth in the Act.
The terms of this rider do not provide coverage for any loss that
would otherwise be excluded by the terms of this bond.
A TRUE COPY
CERTIFICATION ON LAST PAGE
J . K. BARTON , CLERK
rrr
r
r
BK : 1800 PG : 1452
532423P
err
POWER OFATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO BOX 19725. IRVINE . CA 92623 ( 9.191267- 17(10
wwivAnsco Dico .anu
KNOW ALL MEN BY THESE PRESENTS , that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY does herehy stake,
con.slitu a and appoint
* * * Robert Barra * * *
iNr
as its true and lawful Attorney( + )-in-Fust. TO make, execute, defiver and acknowledge, for and on behalf of said corporation as surely, bonds. undertakings
and
contracts of surcryship uiving and grantlnrz unto said Anomcyls )-m-Fact full Power and authority to do and to IV form every act ncecsxary. requisite
nr proper to
be dant in connecunn therewith as the corporation cattle do, hilt reserving to the corporation fid ( power of substitution and revocaIion. and all
of rhe acts of said
ATaa•ncy( s)-in-Fact . pursuant to These presents. are hQrchy roti tied and confirmed.
This Prover Or .A (it)inty is ern Toed and is signed by facsimile antler and by it 11111 of the Toll Iowine resoiwiOil adopted by the BOard of Directors
of DEVELOPERS
SURETY AND INDEMNITY COMPANY effective as of November I . 2000:
RESOLVED, that the C'hairmau of the Board. the President and anv Vice President of file corporation be, and that each of them hereby is, authorized
to
execrne Powers of AOorncy. qualifying the Attmo ey( e )-in- Fact named in the Powers of Attorney to execute. on behalf of the corporation. bonds, undertakings
and
contracts of surclyship : and that the Secretary or any Assistant Seciclary of the corporation be. and each Of them hereby is. authorized to attest
the execution Of
any such Power nl' AUorney;
RESOLVED. FURTI IER. Ilia[ the signatures of such officers )Tiny be nflixed TO any such Power of Attorney or to any eertiricate relating therclo
by
facsimile. wad any such Power of Attorney or ecnilicale hearing such facsimile signmttres shall he valid and hinding upon The corporation when so affixed
and in
The future with res1wei t any hood. undertaking or contract of suretyship To which it is attached.
IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these present,' to be signed by its respective Executive Vice
Resident and arrested by its Secretary this I st day of Octohei . _11917.
, o.p
,. •t:j AND 7N•
By:. � _ ,rJQ •`µ10R•••^OFay%
David H , Rhodes, Executive Vice-President ' r, : O� 4rF ;y's
� OCT.
lie f0 ane
19 3 6 ,t
By
Walter A . Crowd 1 . Scattary ?d • • * A *aaD • - ;,
m.o•.•
- ' ,:er7-
STATE OF CALIFORNIA
)SS. .. : • ;. -.rte
COUNTY OF ORAN( iL
On Octal»i . 2003, before me. Dianej . Kmsata, personally appeared David H . Rhodes and Walter A. Crowell personally known tpjit tQr'proxyq
>J]:
Tile on elft hstsis of salisldcnn'y cvidcnccl to he the persons whose names •ue subscribed to The within instrument and acknowledged [ia
lethat�NYCkccutetlhhg;.,:�eiy_
r sane in their authorized capacities, and that by their signatures on the instruncnr the entity upon hehnlfol' which the persons acted, executed it tyrixtnrnwnt"
, �-.�
WITNESS my hand and Official seal
9 DIANE d NAWATA
O �_.. COMM. a 1334746 i ,r
NPtuy Public - Calftnre it .
Sipintum L ' �"" - �. � 3 ORANGE COUNTY 0
MY Comm. ExMres JAN. a, 2006. I
CERTIFICATE
The undersiened . as Senior Vice- President. Underwriting. of DEVELOPERS SURETY AND INDEMNITY COMPANY, does herehy certify that the
foregoing Power of Anorney remains in full force and has not been revoked. and hn'fhcnuurc. that The provisions Of clic resolution of file resivetive
Boards of
Directors of said corporation set Penh in the Power of' Atmrney. is in force as Ol the dare of dais C'erlificate .
This Certificate is executed in the City of Irvine. California. the 9 day a( November 2004
By
Wesley W. Cowiing enior Vicr-President. Undenvri l g
ID- 143H ( DSI ) ( Rev. 10103 ) STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS A
TRUE AND CORRECT COPY OF THE
r ORIGINAL ON FILE IN THIS OFFICE.
^,°' J.K. BARTON, CLERK
yyCOUM) w
� Bye Cobb
DEPUTY CLERK
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SWORN STATEMENT UNDER SECTION 105 . 08 ,
INDIAN RIVER COUNTY CODE , ON DISCLOSURE OF RELATIONSHIPS
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER
"w OATHS .
1 . This sworn statement is submitted by: l� Q hose
business address is :
applicable) its Federal Employer Identification Number (FEIN ) is ( Ifnd ( if the
.. entity has no FEIN , include the Social Security Number of the individual signing this sworn
statement )
2 . My name is Please
( print name of
individual signing ) and my rela ' nship to the entity named above is
3 . 1 understand that an "affiliate " as defined in Section 105 . 08 , Indian River County
Code , means : The term "affiliate" includes those officers , directors , executives ,
partners , shareholders , employees , members , and agents who are active in the
management of the entity .
4 . 1 understand that the relationship with a County Commissioner or County employee
that must be disclosed as follows :
Father, mother, son , daughter , brother, sister, uncle , aunt, first cousin , nephew,
niece , husband , wife , father- in-law, mother-in -law , . daughter- in -law, son - in -law ,
brother- in-law, sister-in-law, stepfather, stepmother, stepson , stepdaughter,
.rr stepbrother, stepsister, half brother, half sister, grandparent , or grandchild .
5 . Based on information and belief, the statement, which l have marked below , is true
in relation to the entity submitting this sworn statement . ' [Please indicate which
statement applies .]
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Neither the entity submitting this sworn statement , nor an officers directors ,
,
_ executives, partners, shareholders , employees,_ members or agent1. s who are active
in management of the entity , have any relationships as defined in section 105 . 08 ,
Indian River County Code , with any County Commissioner or County employee .
The entity submitting this sworn statement , or one or more of the officers ,
directors , executives , partners , shareholders , employees , members , or agents , -who
are active in management of the entity have the following relationships with a
County Commissioner qr County employee :
CADocuments and Settingskhrisk\Local SeltingMTemporary Internet RISMOLK626UEANNE EMERGENCY CONTRACT 2004 Am
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Name o► Affentity
Name of County Commissioner Relationship
or entity
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.. (Signature )
No - a � - ay
STATE OF ( Date )
COUNTY OF _
The foregoing instrument was acknowledged, before me this day of 1004 by
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tinebSP who is personally known to me or who
has produced as
identification .
NOTARY PUBLIC
SIGN :
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PRINT : A
State bf Florida at Large
My Commission Expires :
(Seal )
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TammyA H&"rtl
• ►uty Commission DD040M
of np' Expires August 14, 2006
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TRENCH SAFETY ACT COMPLIANCE STATEMENT
Project Name : Highland Drive Storm Sewer Replacement at IRFWCD B - 10 Canal
Project Number: 0447
Project Location : Indian River County , Florida
Instructions : Florida Statutes Section 553 . 60 through 553 . 64 , known as the "Trench
Safety Act" requires all contractors engaged by Indian River County , Florida , to comply
with Occupational Safety and Health Administration ' s excavation safety standard , found in
29 C . F . R . s . 1926 . 650 Subpart P . All prospective contractors are required to sign this
Trench Safety Act Compliance Statement and provide compliance cost information where
indicated below . The costs for complying with the Trench Safety Act must be incorporated
into this Project' s base Bid . Certify this Statement in the presence of a notary public or
other officer authorized to administer oaths .
CERTIFICATION :
1 . I understand that the Trench Safety Act requires me to comply with OSHA
excavation safety standards found in 29 C . F . R . s . 1926 . 650 Subpart P . I will comply with
The Trench Safety Act and I will design and provide trench safety systems at all trench
excavations in excess of five feet in depth for this Project .
2 . The estimated cost imposed by compliance with The Trench Safety Act will be :
�—
Dollars $ � ° per linear foot of trench to be excavated .
3 . The estimated cost imposed by compliance with the Trench Safety Act will be :
/0 co � Dollars $ per square foot of special shoring used .
.. 4 . The amount listed above has been included within the Base Bid ,
TIMOTHY ROSE C T CTING , INC .
By :
imothy W . Rose , Preside
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this k— day of
November , 2004 , by Timothy W . Rose t of TIMOTHY ROSE CONTRACTING ,
INC . , a Florida corporation , 6tho is personally knoto e--or-trds--pfodtFeed--wn
ion
Notary Public ( sign ). _� _ � ti � (affix seal )
My Commission Expires :
" KIMBERUE T. PETERSON
MY COMMISSION M DD 252404
qe' PThESotCBmbc
Bonded ruNbl December
Underwriters
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P. 3
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Board of County Comm
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zoners
1840 25th Sheet
# Vro Beach, Florida 32960
Telephone: (772) 5678000
FAX (772) 778-939,1
TO ALL PROSPBMVE BIDDERS
INGIUAM�• BDTEC �R ICE1RWT ATINDYANRERFAMAS SEWER
ISTRCZ
(lBWWCD) 8-10 CANAL Ni MMER: F y 04!05-1
BID OPEN'NG•DAM OCTOBER 210 20041 PoNt
&MON'LEDGMENT
I hereby acknowledge receipt of Addendum No. 10 dated October 20, 2004 for the above project.
NAME
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TrriE
COMPANY C
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• ( D — n_ -rhy
DATE RECENED
Please sign and return to :
Christopher I Kafer, Jr., P .E .
County Eu&eer
�. Iudian River County
1840 25h Street
Vero Beach, Florida 32960
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F1 : ginercPr4ieeUMIghland Drive SWm Sewer ReplomcotHhDrive $WmsewGr gid-Add 1 AcIMwltdgement- 1 aZtl-Q4.doe
Ir .
10/20/2004
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