2003-040 Bid Award to Subaqueous for Phase 2 Canal Dredgingn
U
RESOLUTION 40-2003
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA,
ACCEPTING THE BID OF SUBAQUEOUS SERVICES INC., FORT LAUDERDALE,
FLORIDA, IN THE AMOUNT OF $183,000 FOR PHASE 2 CANAL DREDGING; FUNDS TO
BE EXPENDED FROM K5200-49930 (CANAL DREDGING PROJECT).
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The bid of Subaqueous Services Inc., Fort Lauderdale, Florida, in the amount of
$183,000 for Phase 2 Canal Dredging, a copy of which is attached to this Resolution, is hereby
accepted by the Village of North Palm Beach, Florida, in accordance with its terms. The
appropriate Village officials are hereby directed to advise said bidder of this acceptance. The
monies are to be expended from K5200-49930 (Canal Dredging Project).
Section 2. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THiS 14th DAY OF AUGUST, 2003.
„~i~inu~in~~
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ATTEST:
Mayor
u
Bid Opening for:
Total Item
Grand Total
Delivery Time
Comment
Village of North Palm Beach, Florida
Bid Summary Sheet
~~ Date: ~~~'D_3
_~ I Date Mailed:
Due Date:
Time: ~ •'OO
For Department: ~i 1/~ ~
Account Number:
~/VL~L~.S~d I ~1'~.fEd I ~,v~s~d
Vendors Present:
ii
Bid Form
PROJECT IDENTIFICATION:
Village of North Palm Beach Canal Maintenance Dredging -Phase II
CONTRACT IDENTIFICATION:
Village of North.Palm Beach Canal Maintenance Dredging
Date: July 3, 2003
TBTS BID IS SUBMITTED TO:
Village of North Palm Beach
501 U.S. Highway One
North Palm Beach, FL 33408
1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in
the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents
for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the
Bidding Documents.
2.01 Bidder accepts all of the terms and conditions of the Adveitisement or Invitation to Bid and Instructions to
Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to
acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon
request of OWNER.
3.01 In submitting this Bid, Bidder represents, as set forth in the Agreemen; that:
A. Bidder has examined and cazefully studied the Bidding Documents, the other related data identified in the
Bidding Documents, and the Following Addenda, receipt of all which is hereby aclmowledged.
Addendum No. Addendum Date
B. Bidder has visited the Site and become familiaz with and is satisfied as to the general, local and Site conditions
that may affect cos; progress, and performance of the Work.
C. Bidder is familiaz with and is satisfied as to ail federal, state and local Laws and Regulations that may affect cos;
progress and performance of the Work.
D. Bidder has cazefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to
the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions
as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental
Condition, if any, which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the
General Conditions.
~~
00300-1 Bid Form
z
E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or
supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface,
•~ subsurface and Underground Facilities) at of contiguous to the Site which may affect cost, progress, or performance
of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of
construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and
procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety
precautions and programs incident thereto.
F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data aze
necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and
in accordance with the other terms and conditions of the Bidding Documents.
G. Bidder is awaze of the general nature of work to be performed by OWNER and others at the Site that relates to
the Work as indicated in the Bidding Documents.
H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the
Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations,
explorations, tests, studies, and data with the Bidding Documents.
I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has
discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder.
J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions
for the performance of the Work for which this Bid is submitted.
4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed
individual or entity and is not submitted in conformity with any agreement or rules of any group, association,
organization or corporation; Bidder has not duecfly of indirectly induced or solicited any other Bidder to submit a false
or sham Bid; Bidder has not solicited or induced any individual or entity to refrain fiom bidding; and Bidder has not
sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER
5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):
L~
00300-2 Bid Form
~~
Bid Fotm
Price Schedule
Proposal to
Village of North Palm Beach
Canal Maintenance Dredging
Pay
Item
No. Description
Ouantitv Unit
Amount
$18,000.00
Pay Item A. Mobilization/Demobili~ation 1 LS
Lump Sum (words) E'igtrt~t t3rzsatrl tbl tars
Pay Item B. Canal No. 11: Phase II -Canal Dredging 1 LS
~~'00
Lump Sum (words) ~t ttat~rl fias hsrhed tr+arty rhl lac
Pay Item C. Canal No. 12: Phase II -Canal Dredging 1 LS $~rext-00
Lump Sum (words)'~+~ijty*-rim th~r~rl n ines hnfixx3 thirt~r r'hll,-:;
Pay Item D. Canal No. 13: Phase II - Canal Dredging 1 LS $3,900.00
Lump Sum (words) RI¢ee ttra~~d rrirn h urhed c3~172x s
Pay Item E. Canal No. 14: Phase II -Canal Dredging 1 LS $3,180.00
Lump Sum (words)1Y¢t~ t~ri a~ hirfi:ed eidtty r 3~11ac
Pay Item F. Canal No. 15: Phase II -Canal Dredging 1 LS $39jLOp.
Lump Sum (WOIdS) ~ )t>n~ nirx~l-zs rhl larc -
Pay Item G. Canal No. 16: Phase II -Canal Dredging 1 LS $1,770.00
Lump Sum (words) Qle tYnr~rl mcsrt 1L* r3rrri s~tFv r3]l lar c
Pay Item H. Canal No. 20: Phase II -Canal Dredging 1 LS $38,'130.00
Lump Sum (words) 7ttirty eidtt thar~ti se~sr trirfirod thirt y r3~1 l~
Pay Item I. Canal No. 21:Phase II -Canal Dredging 1 LS gg4,~g0.00
Lump Sum (words) ~y ni rp Hr~,c~r,a G ;Y h rri~vA o; ,a,i-., .3 ,t t
BID TOTAL $183,000.00
TOTAL BID PRICE (words)Qte hix~ eigitt~ti>ree tttots~ri no[r nec
00300-3
Bid Form
6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with
paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in
• the Agreement.
6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete
the Work within the times specified above, which shall be stated in the Agreement.
7.01 The following documents are attached to and made a condition of this Bid:
A. Required Bid security in the form of a Bid Bond ;
B. A tabulation of Subcontractors, Suppliers [and other] individuals and entities required to be identified in this
Bid;
C. Required bidder qualifications statement with supporting data; and
D. Swom satement pursuant to Section 287.133(3)(a), Florida Statutes, on Public Entity Crimes.
8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders,
the General Conditions, and the Supplementary Conditions.
SUBMITTED on Auctust 5 .203_
State Contractor License No. CGC060860 (If applicable)
If Bidder is:
An Individual
Name (typed or printed):
By: (SEAL)
(Indlvidua!'s signature)
Doing business as:
Business address:
Phone No.: FAX No.:
A Patmershin
Partnership Name: N/A (SEAL)
ay:
(Signature ojgenera! partner -- attach evidence of authority to sign)
Name (typed or printed):
Business address:
Phone No.: FAX No.:
A Corporation
Corporation Name: S a eous Services In (SEAL)
State of Incotpo '
Type (Genera '' rofessional, Se ice, L 'red Liability): ,nnpral R„
By:
• ~ ignatttre -- attach evidence ojauthority to sign) ,
00300 Bid Form
t.,_ J
Name (typed or printed):
Title: Vi c
Attest
4201
Date of Qualification to do business is 12
A Joint Venture
+.,
(CORPORATESEAL)' ~;.
FAXNo.: (man F~na_en~0
Joint Venturer Name: NSA (SEAL)
By:
(Signature ojjoint venture partner -- attach evidence oJauthority to sign)
Name (typed or printed):
Title:
Business address:
Phone No.: FAX No.:
Joint Venturer Name: (SEAL)
By:
(Signature -- attach evidence of authority to sign)
Name (typed or printed):
Title:
Business address:
Phone No.: FAX No.:
Phone and FAX Number, and Address for receipt of official communications:
•
(Eachjoint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party
to the joint venture should be in the manner indicated above.)
00300-5 Bid Form
. SS
SUBAQUEOUS
• Services, Inc.
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, Lance W. Young, certify that I am the Secretary of the Corporation named as
Principal in the within bond and proposal; that Lance W. Youna who signed the said
bond and proposal on behalf of the Principal, was then Vice President of said
Corporation; that I know the Principal, and the Principal's signature hereto is
genuine; and that said bond and proposal was duly signed, sealed and attested for
and in behalf of said Corporation by authority of its governing body.
(SEAL)
STATE OF FLORIDA)
55
COUNTY OF BROWARD)
Before me, a Notary Public, duly commissioned, qualified and acting,
personally appeared Lance W. Young to me well known, who being by me first duly
sworn upon oath, says that he is the Vice-President, of Subaqueous Services. Inc.
Subscribgd and sworn to before me this 5th day of August. 2003, A.D.
~~,~.hUV"" ,,,,,,,
,~Y,~B,, Traa 41, Reid
Notary Public . ~'r~``°=c0~0D$~
a ~ EaPtc~ Iv1Y 3i. Z~
State of Florida-at-large =,~FOFFO.~~~~
My Commission Expires:
My Commission Number is:
•)
4201 Kean Road /Fort Lauderdale, FL 3331.4 / 954 581 2810 /Fax: 954 584 4050
BID BOND
BIDDF-R (1Vame and Addrece):
SUBAQUEOUS SERVICES, INC.
•~
SID
BmDUEDATE: 5th August 2003
PROTECT (brief Description Including Location): VHlagc of North, Palm Beach, Phase II -Canal Dredging Project
Work 6f this proposed Contract is genetally described as the dredging of soils from the numerous finger canals
within the Village ofNotth Palm Beach, The work will also consist of the disposal of the dredge material in a
manner consistent with local, State and Federal regulations.
BOA
BOND NUMBER: N/A
DATE (Not later than Bid due date):
Bid Bond .PENAL gam; FIVE PERCENT OF THE BID AMOUNT ----57-------
(Words) (Figures)
1N WITNESS WHEREOF, Surety and Hidder, iatendmg to be legally boundhereby, subject to the terms printed on
' the reverse side hereof, do each cause this B.id Bond to be duly u~tecuted on its behalf by its authori2ed ofPcer,
agent, or representative.
BIDDER
SURETY
SUBA(yiEQ -IG INC. ~) LIBERTY MUTUAL INSURANCE COMPANY
B : By: ~ ~~ c~e!~~i~
Signature anal Title Slgaalure and Title
~Q~~ - cr Barbara Vaccaro, Attorney in Fact
Attest: '~lNt' ~~~ Q1 rICQ ~~P.I~ Yd~SY W tness ident Agent
Signature and itle Signature and Title
Ansgar S. Guffey, Bon Admin s ator
Note: (1) Above addresses axe to be used forgiving required notice,
(2) Aay singular .reference to Bidder, Surety, OWNER or other patty shall be considered plural where
applicable,
~1 1910-28-C 00410-1
QWNER (Name and Address):
VILLAGE OF NORTH PALM BEACH
~~
~~
1. Bidder sad Surety, jointly and severally, bind
themselves, 4heir heirs, executors, administrators,
Guccessors and assigns to pay to OWNER upon default
of Bidder the penal sum set forth on the face of this
Bond.
2. Default of Bidder shall occur upon the failure of
Bidder to deliver within the dime required by the
Bidding Documents (or any extension Phcrcof agreed
to is writing by OWNER) the executed Agreement
required by the Bidding Doctuneats and any
performance and payment Bonds required by ~e
Bidding .Documents.
3. This obligation shall be null and void if:
3.1. OWNER accepts Bidder's Bid sad Hidden
delivers within the time required by the
Bidding Documents (or any extension thereof
agreed m in writing by OWNER) tine
executed Agreemrnt required by the Bidding
Documents and any performance and
payment Honda rcgttired by the Bidding
Documents, or
3.2. All Bids are rejected by OWNER, or
3.3. OWNER fails to issue a Notice of Award to
Hidden within the time specified in the
Bidding Documents (or any extension thereof
agreed m in writing by Hidden and, if
applicable, consented to by Surety when
inquired by paragraph 5 hereof).
4. Payment under this Bond will be due and payable
upon default by Bidder and within 30 calendar days
after receipt by $iddct and Surety of written notice of
default from OWNER, which notice will be given with
reasonable paomptness> identifying this Bond and the
Project and including a statement of the amount due.
S. Surety waives notice of and nay end ail defenses
based on or arising out of any time extension ro issue
Notice of Award agreed to in writing by OWNER and
Bidder, provided that the total rime for issuing Notice
of Award including extensions shall not in the
aggregate exceed 120 days from Bid due dare without
Surety's written consent.
6. No suit or action shall be commenced under this
Sond prior to 30 calendar days orlon the notice of
default requited in paragraph 4 above is received by
Bidder and Surety and in no cast later than one yeaz
aRer Bid due date.
7. Any suit or action under this Bond shall be
comaenced only in a court of competent jurisdiction
located in the state in which the project is located.
8. Notices inquired hereunder shall be is writing and
sent m Bidder and Sttrery at their respective addresses
shown on the face of this Bond. Sneh notices may be
sent by personal delivery, commercial courier or by
United Sffites .Registered at Certified iV.fail, return
receipt requested, postage pre-paid, and shall be
deemed to be effective upon receipt by the party
concerned.
9. Surety shall cause to be atraehed to this Band a
eurrrnt and effective Power or Attorney evidencing the
authority of the officer, agent or rtpresentative who
executed this Bond on behalf of Surety to execute, seal
and deliver such, Bond and bind the Surety thereby.
10, ibis Bond is intended to conform, to all applicable
statutory requirements. Any applicable tequiicmerit of
any applicable sffitute that has been omirtcd frem this
Bond shall be deemed to be included herein as if set
forth at length. If any provision. of this Bond cotrfliets
with any applicable statute, then the provision of said
statute shall govern nod the remainder of this Bond
that is not in conflict thcrewitYt shall continue in full
force and effect.
ll. tine term ",Bid" as used herein includes a Bld.
offer or proposal as applicable.
1910-28-C 00410-2
• AFFIDAVIT FOA SURETY COMPANY
TO: village of North Palm Beach
>'-'RE: CONTRACT NUMBER:
• CONTRACT TITLE; Village of. North Palm Reach -phase II -Cana] predging
•i CONTItACTbR:
Name: SUBAQUEOUS SERVICES, INC.
Address: 4201 Kean Road, Ft. Lauderdale, FL. 3331
Telephones 954-581-2810
AMOUNT OF BOND: FIVE PERCENT OF THE BID AMOUNT
SURETY COMPANY:
Name: LIBERTY MUTUAL INSURANCE COMPANY
Addtsss: 1051 Winderley Place, Suite 105, Ma>.t an .
Telephone; 07-667-1744
BEFORE ME, the undersigned authority, personally appeared the AFFIANT, who being duly sworn and says;
(1) )fie/She is Barbara Vaccaro of the Surety Company;
(Ottiieership)
(2) In accordance with Section 287.0935, Florida Statutes, the Surety Company fulfills each of the fallowing
provisions:
(a) The Surcry Company is licensed rp do business in the State of Florida;
(b) The Surety Campazry holds a certificate of authority authotiziag it ro write surely bonds in Florida;
(c) The Surety Company has twice the minimum surplus and eapitrl required by the Florida Insurance code at
the time the invitation to bid is issued;
(d) The Surety Company is otherwise in compliance with the provisions of the Florida insurance Code; and
(c) The Surety Company holds a currently valid certificate of authority issued by the United Stated Department
of,'1'reasury under 3l U.S.C. ss. 9304 to 9308.
FURTIIE~t AFFLA]VT' SA'
Dated Signed Signature of AFFIANT (Officer of Surety Company)
Attorney in Fact & Florida Resident Agent
Tide of AFFL4NT
STATE OF_Florida COUNTY OF Orange
Before me this day personally appeared Barbara Vaccaro who, being duly swore,
executed this Affidavit and acknowledged to and before me the t[uthfulness and accuracy of the statements is rho
Affidavit.
SWORN TO AND SUBSCRIBED before me this ~~ day of 20 ®~ , by AFFIANT, who is
personally known ro me.
By:
Name; / r~P `_~~
~/
NOTARY PUBLIC
~~
Commission .Expiration Date:
~.ra•~ry, Jean N Miller
'F My Commission DDg2g3tp
~o, rv~ Expires July 28, 2005
00450(A)1 Affidavit fvr Surety Co.
•1
1. 'The CONTRACTOR and the Surety, jointly nM severally, bind
thcmtselves, their heirs, executor, adminiatratora, wceeseora mid
assigns m the OWNER to pay For labor, materials end tslttipmmt
furtdahd far use is the performance of the Cgnbac; which is
• ~tnwrpnratcd hamin by reference.
2. With respect to the O WNER, this obligadOn shall be null cad void if
the CONTRACTOR:
2.1. Promptly makes paymen; directly or indixcUy. Pnr all
soma due Claimants, and
21. Defends, Indemnifies and holds harmless dte OWNER from
all claims, demands, lima ar tatiq by any parson or entity who
famished lobar, materials ar equpment fW use in the performmce of
the Conunc; Provided the OWNER hna promptly aohfied the
CONTRACTOR and the Surety lot the addressee described in
pamgmph l2) of any claims, demands, lime or suits end trndemd
defe:nae of such claims, demands, linos or suite m the CONTRACTOR
end ffic Surety, and provided thttc is no OWNBR Default,
3. With r~vpcct m Claimants, this ohligaden shall be null and void if
the CONTRACTOR promptly .makes payment, dveetly of ind'vectty,
1hr all stems due.
4. The Surety .shall hove no obligation m Claimanw under this Bond
until:
4.1. Claimanw who'are employed by or have a direct contract
whit the CONTRACTOR have given oottce m the Surety lot the
addmsses desetibrd io pmsgnph 12) and sent o copy, er notice thereof,
ro the OWNER, credos that a claim k lacing mode undtt tlfis Bmd ®d,
wiW subarandal aeeumcy, the amount of the claim
4,2. Claimanp who do cat have a direct concoct with the
CONTRACTOR:
I. Have famished written calico m the
CONTRACTOR cad amt a copy, or notice thereof, m the OWNER,
within 90 dnya alter having last performed Libor or last famished
mate[ials or equipment included in the cWim stating, with substantial
accuracy, the amount of dta claim anal the name of die petty m whom
the mntedala were furnished m supplied or for wham dte labor wsa
dace er performed; and
2. (lave either received a rgeetiao in whore ar in
part from rho CONTRACTOR, or not received within 30 days of
famishing the above notice any communication fiom the
CONTRACTOR try which the CONTRACTOR hod indicated the
claim will be paid dirayy or indiracTly; and
3. Not hoeing been paid within the above 30 dayq
have srnt n wdemn nods to dte Sumty and scot o copy, ar notice
thereof, W dtc O WNH14 stating that n ctnim is being made under this
Bond and enclosing a copy of the previous written nonce LumiPhcd m
the CONTRACTOR.
3. If a notice required by paragraph a is &von by the OWNER m the
CONTRACTOR or to the Surety, that is sufficient compliance.
6. When the Claimant has aetisfied the conditions of paragraph 4, the
Surety shall promptly and at the Suretya expense tOke the fallowing
aenpns;
6.1. Send an answer to the Clairnan; widt a ropy m the
OWNER, within d4 days after receipt of the claim, snsfueg the aamUnh
diet arc undisputed and the basis for challenging anY amotmts thru are
disputed.
6.2. Poy or strange far payment of any undisputed amounu.
7, T'ht Surety's total obbgntivn shell not czcced the amount of thin
Bond, and the amount of this Bond shall be crcdimd for any payments
made in goad faith by the Surety,
8. Amovma awed by des OWNER to the CONTRACTOR under the
Coatrnet shall ba tuetl for the perfortnanee of the ConRnct and m
snrisfy claims, if nay, under any Porforrstana Hond. Hy the
CONTRgCTOR firmiahing and the OWNER accepting this Bond, they
agree that all fiends emned by the CONTRACTOR is the pertonnaneo
of the Conbaet me dedicated m stlufy obligations of rho
CONTRACTOR and dso Surety under this Hond, subject m the
OWNER's priority to yea the funds For the compledan of the Worn.
9. The Surety ahffi not be liable t0 the OWNER, Claiaants or othoB
fn[ obligations of the CONTRACTOR that me unrelated to the
Contract. The OWNER shall not be ]ioblc far payment oSsoy costs or
rxpensq of any Clo{moat under this Bond, sod shnl] hove under this
Bond no nbllgations to make payments tq give notices on hefialf of, or
othctwtsa have ohligadane m Claiman6 under [his Bmd.
10. The Surety heeby waives notice of any chaog0. including chengce
of tjme, m the Contract or to related SubcantracC, purchase ordcrn and
Othtt obligadona.
l1. No suit or anion shell fie cotmnmcad by , Claimmt under this
Boad other then in a rourt of competent jurisdiction in. the Iocagort in
which the Work ar part of Poe Work is locamd or a'Rer the expimiion of
one ymr linen the data (1) on wltlch rite Claimane gave the notice
required by pnmgraph, a,l or pamgmph 4.2.3, or (2) an which rho roar.
Inbor or service was pttFormed by anyone or ehc lest tnatetials ar
equipment wets llrmished by anyone under the Congmscdort Contract,
whiehavu of (p or (2) first occurs, ff the provisions of this pamgmph
are void or prahibimd by law, the minimum period of Inrrimtion
available b sureties ea a defense in me jurisdiction aF the suit shall be
applicable.
12, Nodes to the Surety, the 0 WNL•R ar the CONTRACTOR shall be
trailed or delivered m ehc addrrasea shown on the signattae page,
Acneal receipt of nodes by Surely, the OWNER or she
CONTRACTOR, however nccompllshed, shall be su%cicnt
complimee es of the date received at the addmsa shown, on the
signature page.
l3. When this Bend has been furnished fi comply With u statutory m
other legal legvvemmt in rho lncatim where the Contract was m bo
perfomred, any provision in this Bnn<I contlicdng with said ammtary or
legal requirement shall ba deemed deleted hcenimm and provisions
confenning tp such smtutory er other Icgal requirement shall be
deemed Incotpomted herein. The intact is. that [his Baad shall be
construed a9 a eta[dmry Boad and not a8 a cemmw low Lund.
la, Upon request of soy parson or endry nppeadng to be a potential
beneficiary of this Bond, the CONTRACTOR sbaE promptly fiemish a
copy of this Band or shall permit a copy to be made.
I5. DEFINITIONS
15.1. Claimant; An individual m entlty having n dtrect contract
with the CONTRACTOR or with a Subcontmcmr of the
CONTRACTOR m tltmish labor, materials nr equipment for use in dtc
pcrfortnarne of the Contract. The httent of this Bond shall be to
include without limitation in the terms "labor, materials or equipment"
thpr part aT water, gas, power, IlghG heat, ail, gaselinc, relepltonc
service or rental equipmem used in the Cmnac; aenhitecmml and
engimmng acrvices mqufred for pedonnancc of rho Work of the
CONTRACTOR and dte CONTRACTOR'a 9uhcOntmcror„ and eLL
other items Tor which a mechanic's lien may be aseedcd in the
jursdicnon where 4he labor, mamnals or equipment were fumiglred.
15.2. Contract 'Rte agreement between tlse OWNER and thn
CONTRACTOR identified en the sigriamre page, including ell
Contract Documents and changes therete,
15.3, OWNER Default. Failure o:C the OWNER, which has
neither boon remedied nor waived, to pry the CONTRACTOR u
enquired by dre Cammct or to perform and completa m comply with the
other tarots Thereof.
00450(A)-2
Affidavit for Surety Co.
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 10905 I9
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the
extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS:
That Liberty Mutual Insurance Company (the "Company"), a Massachusetts mutual insurance company,, pursuant. td and by authority of the ey-law and
Authorization hereinafter set forth, does hereby name; consfitutl::and appoint' B: CRAIG SIBLEY, JAMES H. BREEN, BARBARA VACCARO, ALL
OF THE CITY OF MAITLAND STATE.OF FLORIDA:.... .:.::..,: ..ri.:[. ..,..... ..:.:.. ................................
each individually if there be more than~ohe named, its true and`lawrul attomey-in-fact to make, eicecute soap, acknowledge and deliver, for and on its behalf as
surety and as its act and deed, any and all uhdertakin~gs, bonds, recogmzances and other surettyy obh a4ons m. the penal sum not exceeding
TWENTY-FIVE MILLION AND 00/100•'*"** **********'* .DOLLARS $i 25,000;0000'***'
( - ~ .j;; each, and the execution of such
undertakings, bonds, recognizances ahd other Surety obligations, in pursuance of these presents shall be as.bmdmg upon the Company as if they had been
duly signed by the president and attested-by the secretary of the Cdidpany in their own proper persons
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That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XVI -Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as
the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-
fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and
execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if
signed by the president and attested 6y the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
Pursuant td Article XVI, Section 5 of the By-laws, Timothy C. Mulloy, an official of Liberty Mutual Insurance Company, is hereby authorized to appoint
such attorneys-in-fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all
undertakings, bonds, recognizances and other surety obligations. All Powers of Attomey attested to or executed by Timothy C. Mulloy in his capacity
as an officer or official of Liberty Mutual Insurance Company, whether before, on or after the date of this Authorization, including without limitation
Powers of Attorney attested to or executed as Assistant Secretary of Liberty Mutual Insurance Company, are hereby ratified and approved.
That the ey-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty
Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 13th day of August ~ 2002
LIBERTY MUTUAL INSURANCE COMPANY
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
a„
sy._ c. ,LJ~MQQ,~
°~~~ Timo C. Mull ssistant Secre ry
On this 1 Rth day of ~Ati ust ~~ ~~ ~ ~~
9 - 2002 .,.before mi;, a Notary Public, personally came~:Timothy C. Mulloy, to me known, and
acknowledged that he is an official of Liberty Mutual Insurance Company, that he khows the seat of Bald corporation, and`that he executed the above Power of
Attomey and affixed the corporate seal of Liberty Mutual Insurance Company theretowith theauthoriry ahd~at the directionof Said coporalion.
IN TESTIMONY WHE fp~l -1-~ .unto subscribed my name and affixed rtiy notanal seafat Plymouth Meeting, Pennsylvania, on the day and year first
above written. Q~ ~CnON w~ 4P~ /y, ®®., ~ ~.~.
f ~ Natxnal Seel
f' U Tg' ~ Tcr Pp~t Ili Notery PU61p /!4
OF P,ymwQi TrvP h9oi t0 aY Gaunty ,,
rtY Comm son aware Mar ze?nos otary PUbko.:
CERTIFlCATE ~~~ h'ember, Pe~~nsym.na assc+~o aNOt-,i,n~
A.n SIP n~~ ...
I, the undersigned, Assista~ ar'~bT°fjN€rry Mutual Insurance Company, do hereby certify that the original power of attomey of which Ne foregoing is a full, true and correct
copy, is in full force and effect on a e oof this certificate; and I do further codify [hat the officer or official who executed the said power of attomey was one of the officers or officials
specially authorized by the chairman or the president to appoint attomeys-in-fact es provided in Article XVI, Section 5 of the ey-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney mey~De' sigrrztl by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of
vectors of Liberty Mutual Insurance Company at a mee(mg:dury called and held on the 12th day of March, 1980.
, ~~~, ,,
VOTED that the facsimile or mechahically reproduced signature of any assistant secretary of the company, wherever appearing upon a codified copy of any power of
attorney issued by the company In connection'J~Iih suretybonds, shall be valid and binding upon the crompany wtth the same force and effect as though manually affixed.
~: ~ -,
IN TESTIMONY WHEREOF, 1 have hereuntd spbscrbed my name antl,affixed the corporate seal of the said company, this 5 ttl day of AllQllS t 2003
l' ~„
=,~;rv~~;a~ ~~~2/rte
,pmn F. X. Hee, Assistant Secretary
SUBSERV
`1 1
u
ACORD.M EVIDENCE OF PROPERTY INSURANCE DaTE IMMIDDrcvI
08/01/03
THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE
RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY.
' PRODUCER PHONE 3 O S S 92 - 6 O 8 O COMPANY
A/C No Ext:
Arthur J. Gallag er o. XL Specialty Insurance
8200 N.W. 41st Street
Suite 200 MIAMI, FL 33166-1501
Miami, FL 33166
CODE: SUB CODE:
AGENCY L4b9
CUSTOMER ID#:
INSURED LOAN NUMBER POLICY NUMBER
Subaqueous Services, Inc. PXIM851353
4201 Kean Road EFFECTIVE DATE E%PIRATIDN GATE
Ft. Lauderdale, FL 33314
02/28/03
02 /28/D4 coNTINUeD UNTa
TERMINATED IF CHECKED
THIS REPLACES PRIDR EVIDENCE DATED:
PROPERTY INFORMATION
LOCATIONIDESCRIPTION
4201 Kean Road
Ft. Lauderdale, FL 33314
COVERAGE INFORMATION
LOVERAGFJPERILSIFORMS AMOUNT OF INSURANCE OEOUGTIBLE
All Risks of physical damage is subject to the Sch. Vessel $1,000
company's forms rules and conditions
REMARKS (Including Special Conditions)
RE: Canal Maintenance Dredging Phase II
CANCELLATION
THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS. AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE
POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 3 0 DAYS
WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT
INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW.
ADDITIONAL INTEREST
NAME AND ADDRESS MORTGAGEE ADDITIONAL INSURED
Village Of North Palm Beach LOSS PAVES
501 US Highway 1 LDANa
North Palm Beach, FL 33408
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ACORD 27 (3193) 1 of 1 1044 TKB D ACORD CORPORATION 199
r~
u
Clienl#: 1469
SUBSERV
ACORD
CERTIFICATE OF LIABI LITY INSURANCE D~n
.M 08101/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Arthur J. Gallagher & Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
41 st Street
8200 N
W HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
.
. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 200
Miami, FL 33166 INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURER A: XL SpeClalty IDSD raDCe
Subaqueous Services, Inc. INSURER B: Crum & Forster Insurance Company
4201 Kean Road INSURERC Zurich-American Ins. IL
Ft. Lauderdale, FL 33314 INSURER D: Signal Mutual u/w Assoc.
INSURER E: Security Ins.Co.of Hartfo
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANV REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR
MAV PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BV PAID CLAIMS.
S
LTR
NSR TYPE OFINSURANCE POLICY NUMBER POLICY EFFECTIVE
DATE MMIDO POLICY EXPIRATION
DATE MMIDD LIMITS
A X GENERAL LIABILITY PXMC850005 O2/26/O3 O2/26/O4 EACH OCCURRENCE $1 OOO OOO
COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $SO OOO
CLAIMS MADE ~ OCCUR MED EXP (Any one person) 85 OOO
PERSONALBADV INJURY $1 OQO OOO
GENERAL AGGREGATE $2 OOO OOO
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIDP AGG $1 OOO OOO
POLICY PE~ LOC
B % AUT OMOBILE LIABILfrY 1336655934 O2/26/O3 O2/26/O4 COMBINED SINGLE LIMIT
X ANV AUTO (Ee aCCitlenl) $1r000,000
ALL OWNED AUTOS
BODILY INJURY
X
SCHEDULED AUTOS
(Per person) $
X HIREDAUTOS Comp. Coll Ded.$1,000
BODILY INJURY
$
NON-OWNED AUTOS (Per acdtlenp
x Comp/Coil Value>50,000 Ded.$1,000 PROPERTY DAMAGE
P
itl $
x Com /Coil Value<50,000 Ded.$2,000 er acc
ent)
(
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANV AUTO OTHER THAN EA ACC $
AUTO ONLY: qGG $
A X EXCESSIUMBRELLA LIABILITY PMEX854621 O2/26/O3 O2/28/O4 EACH OCCURRENCE $4 OOO OOO
x OCCUR ~ CLAIMS MADE AGGREGATE $
DEDUCTIBLE
% RETENTION $ 25 OOO $
D WORKERS COMPENSATION AND 2900 USL8H 10/01/02 1O/O1/O3 X WC STATU- OTH-
E EMPLOYERS'LIABILITY SMS116035 State Act fO/O1/O2 1O/O1/O3 E. L. EACH ACCIDENT $1,000,000
ANV PROPRIETOR/PARTNERJEXECUTIVE
OFFICERIMEMBER EXCLUDED?
E.L. DISEASE - EA EMPLOYEE
$1 OOO OOO
I(yes, tlescriba untler
SPECIAL PROVISIONS below
E. L. DISEASE-POLICY LIMIT
$1 OOO OOO
OTHER
DESCRIPTION OF OPERATIONB / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
RE: Canal Maintenance Dredging Phase II
Village Of North Palm Beach
501 US Highway 1
North Palm Beach, FL 33408
ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
IEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL moo- DAYS WRITTEN
TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITB AGENTS OR
AUTHOARIZE~DTREPRESENTATIVE
~i/ /N~
ACORD 25 (2001/08) 1 of 2 #S53763IM47744
TKB o ACORD CORPORATION 1988
ACORD 25.5 (2001108) 2 of 2 #553763IM47744
SUBAQUEOUS SERVICES, INC.
COMPLETED PROJECTS
8/4/2003
Customer Contact Name of Project/Description Final Contract Contract Complete
Amount Date
Village of North Palm Beach Tom Hogarth Canal Maintenance Dredging -Village of North $438,250.00 2002
501 US Highway #1 (561) 691-3440 Palm Beach
North Palm Beach, FL 33408
City of Fort Lauderdale Scott Van Lew 2001/2002 Annual Dredging Contract;.Project $130,338.00 2002
100 North Andrews Avenue 954-828-5772 #: 10413
Fort Lauderdale, FL 33301
City of Lauderhill Mr. Manny Diez Canal Maintenance Basin A Sections 16 & 22 $1,748,570.00 2001
2000 City Hall Drive (954) 730-2970
Lauderhill, FL 33313
City of Lauderdale Lakes Neil Appel Canal Dredging Phase I and II $200,000.00 2002
4300 Northwest 36th Street (954) 535-2743
Lauderdale Lakes, FL 33319
City of Delray Beach Rafael Ballestero Tropical Isle Canal Dredging $ 383,397.00 2002
100 NW 1st Avenue (561) 243-7320
Delray Beach, FL 33444
West Coast Inland Navigation District Chuck Listowski Phillippi Creek Navigational Dredging $1,286,069.00 2002
Post Office Box 1845 (941) 485-9402
Venice, FL 34284
ADA Engineering Alex Vasquez City of Lauderhill Basins B & C Culvert $159,995.00 2002
11401 SW 40th ST, Suite 470 (305) 551-4608 Cleaning and Inspection
Miami, FL 33165
pa(ileslsubaqueo slb~tlsantlmarketingkomple[etlprojecllistt Page 1 of 1
~..
• . THE PALM BEACH POST _
Published Daily and Sunday NO. 7408035
INVRATION TO BID
Wes[ Palm Beach, Palm Beach County, Florida VILLAGE OF
NORTH PALM BEACH
_ PHASE 2 CANAL
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeazed Tracey Diglio, who on oath says that she
is Telephone Sales Supervisor of The Palm Beach Post, a daily and Sunday newspaper
published at West Palm Beach in Palm Beach County, Florida; that the attached copy of
advertising, being Bid in [he matter of Phase 2 was published in said newspaper in the issues of
Julv 7. & 14.2003. Affiant further says that the said The Post is a newspaper published at West
Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore
been continuously published in said Palm Beach County, Florida, daily and Sunday and has
been entered as second class mail matter at the post office in West Palm Beach, in said Palm
Beach County, Florida, for a period of one year next preceding the first publication of the
attached copy of advertisement; and affian[ further says that she/her has neither paid nor
promised any person, firm or corporation any discount rebate, commission or refund for [he
purpose of securing this advertisement for publication in the sajcinewspaper.
Sworn to and subscribed before this 14°i
Personally known XX or Produced Identificatl'on '~""°4r
Type of Identification Produced 7~wti my ~~~
+~3NOfARV Fu. nncws~
~~\
eioua.
The project for which bitls are'
solicited Is briefly tlescribad:
CI~ANGE ORDER No.
J
DATE OF ISSUANCE November 6, 2003 EFFECTIVE DATE'
OWNER Villaee of North Palm Beach
CONTRACTOR: Subaqueous Services. Inc.
Contract: Phase II Canal Dredging
Project: Villaee of North Palm Beach -Phase II -Canal Dredging
OWNER'S Contract No. N/A ENGINEER'S Contract No. 02-006
ENGINEER East Bay Group, LLC
You are directed to make the following changes in the Contract Documents:
Description: Increase Contact Price
Reason for Change Order: Additional cost to have and dispose of contaminated spoil at landfill
Attachments: List documents supportine chancel
C
CHANGE IN CONTRACT PRICE:
Odginal Contract Price
$ 183.000.00
Net Increase (Decrease) from previous Change Orders No.
to 1 -
S 0
Contract Price prior to this Change Order:
$ 183.000.00
Net increase (dec se) of this Change Order:
$ 22.050
Contract Price vAth all approved Change Orders:
S 205.050
RECD
By: ' ~_
Engineer
(Authorized Signature)
Date:
CHANGE IN CONTRACT TIMES:
Odginal Contract Times:
Substantial Completion: Oct. 24. 2003
Ready for final payment: Nov. 21. 2003
(da s or dates
Net change from previous Change Orders No. _t_ to
No. 2:
Substantial Completion: June24. 2004
Ready for foal payment July 21. 2004 '
da s
Contract Times prior to this Change Order:
Substantial Completion: June 24. 2004
Ready for final payment: July 21.2004
da s or dates)
Net increase (decrease) this Change Order:
Substantial Completion: 0
Ready for final payment: 0
(da s)
Contract Times with all approved Change Orders:
Substantial Completion: June 24. 2004
Ready for final payment: Julv 21.2004
days or dates)
APP ED
BY: By:
Owner
(Authorized Signature)
Date: l Z I 0 3
00970-I
Date: l) ~
Contractor
(Auth rize Signature)
Change Order Fortn
CHANGE ORDER No. 1 I~ ~ r a ?00 i
• BY~
DATE OF ISSUANCE September 25, 2003 EFFECTIVE DAT
OWNER Village of North Palm Beach
CONTRACTOR: Subaqueous Services, Inc.
Contract: Phase II Canal Dredging
Project: Village ofNorth Palm Beach -Phase II -Canal Dredging
OWNER'S Contract No. N/A ENGINEER'S Contract No. 02-006
ENGINEER East Bap, LLC
You aze directed to make the following changes in the Contract Documents:
Description: Increase Contact Duration
Reason for Change Order: Extension to accommodate cable relocation in cana121 by FPL
Attachments: (List documents supporting changel
CHANGE IN CONTRACT PRICE:
Original Contract Price
$ 183.000.00
Net Increase (Decrease) from previous Change Orders No. -
to 1
$ 0
Contract Price prior to this Change Order.
$_163,000.00
Net increase (decrease) of this Change Order:
$0
Contract Price whh all approved Change Orders:
$ 183.000.00
CHANGE IN CONTRACT TIMES:
Original ContraIX Times:
Substantial Completion: Od. 24. 2003
Ready for final payment: Nov. 21.2003
(days or dates
Net change from previous Change Orders No. 1 to
No. 2
Substantial Completion: June 24. 2004
Ready for final payment: Julv 21, 2004
(days)
Contract Times prior to this Change Order:
Substantial Completion: Od. 24. 2003
Ready fa final payment: Nov. 21 2003
(days or dates)
Net increase (decrease) this Change Order.
Substantial Completion: 244
Ready fw final payment: 272
(days)
Contract Times with all approved Change Orders:
Substantial Completion: June 24. 2004
Ready for final payment: July 21.2004
(days or dates)
RECD ED PROVE
BY: By: By:
Engineer weer
(Authorized Signature) (A//,uth/ rized Signature)
Date: ~ 3 Date: _ ~V / ~C)/~ ~ Dab
/. }i . S
•
00970-1 Change Order Form