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2008-356
Stn CONTRACT DOCUMENTS AND SPECIFICATIONS FOR AND INTERSECTION IMPROVEMENTS BID NO.2008075 PROJECT NO. 0206 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA SANDRA L. BOWDEN, CHAIRMAN WESLEY S. DAVIS, VICE CHAIRMAN COMMISSIONER, JOSEPH E. FLESCHER COMMISSIONER, PETER D. O'BRYAN COMMISSIONER, GARY C. WHEELER APPROVED AS TO FOIL AND LEGAL SUFF10ENC) Js JOSEPH A. BAIRD, COUNTY ADMINISTRATOR JEFFREY K. BARTON, CLERK OF COURT BY19 WILLIAM G. COLLINS, II, COUNTY ATTORNEY H JAMES W. DAVIS, P.E., PUBLIC WORKS DIRECTOR OEPU CHRISTOPHER J. KAFER JR, P.E., COUNTY ENGINEER MICHAEL D. NIXON, P.E., ROADWAY PRODUCTION MANAGER :IAM K. DEBRAAL COUNTYATT©RNEY 00001 - Project Title Page - REV 04-07 00001-1 FAEngineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00001 - Project Title Page - REV 04-07.doc TABLE OF CONTENTS Section No. Title DIVISION 0 - BIDDING DOCUMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00001 Cover Sheet 00010 Table of Contents BIDDING DOCUMENTS 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Bid Package Contents 00310 Bid Form & Itemized Bid Schedule 00430 AIA Document A310 Bid Bond 00452 Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships 00454 Sworn Statement under the Florida Trench Safety Act 00456 Qualifications Questionnaire 00458 List of Subcontractors CONTRACT FORMS 00510 Notice of Award 00520 Agreement 00550 Notice to Proceed 00610 Performance Bond 00612 Payment Bond 00620 Sample Certificate of Liability Insurance 00622 Contractor's Application for Payment 00630 Certificate of Substantial Completion 00632 Contractor's Final Certification of the Work 00634 Professional Surveyor and Mapper's Certification as to the Elevations and Locations of the Work CONDITIONS OF THE CONTRACT 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions 00942 Change- Order Form 00946 Field Order Form 00948 Work Change Directive DIVISION 1 - GENERAL REQUIREMENTS 00010-1 F:\Engineering\Capital Projects\0604-12th St Sidewalk Improve between 43rd Ave & 27th Ave\Bid Documents\00010 - Table of Contents.doc APPENDIX A - PERMITS APPENDIX B - CHAPTER 4, BEST MANAGEMENT PRACTICES APPENDIX C= AS BUILT RECORD SURVEY CHECKLIST APPENDIX D= ROADWAY SOIL SURVEY APPENDIX E- TRAFFIC DETOUR MAP + + END OF TABLE OF CONTENTS + + 00010-2 FAEngineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00010 - Table of Contents - REV 04-07.doc d SECTION 00100 - Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 1801 2e Street, Vero Beach, Florida 32960 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2:00 PM on Wednesday, August 27.. '2008. Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words "5t' Street SW and 43d Avenue Bridge Replacement and Intersection Improvements". Bids should be addressed to Purchasing Division, 1800 27th Street,. Vero Beach,Florida 32960. All bids will be opened publicly and read aloud at 2:00 PM. All bids received after 2:00 P.M., of the day specified above, will be returned unopened. INDIAN RIVER COUNTY PROJECT N0, 0206 INDIAN RIVER COUNTY BID NO, 2008075 PPn_]FCT DESCRIPTION. Avenue adiacent to the proposes intersection improvements. All material and equipment furnished and all work performed shall be in strict accordance with the plans, specifications, and contract documents pertaining thereto, which may be obtained from the Public Works Department/Ehgineenng Division, 1801 27"' Street, Building A, Vero Beach, Florida, 32960, (772) 226-1380. Copies of the plans and specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Indian River Couniy, in the amount of $100.00 for each set, which represents cost of printing and handling, which is non refundable. Communications concerning this bid shall be directed to IRC Purchasing Department at -772-226A416. All bids shall be submitt Bid Proposal forms provided within the specifications. BID SECUR must accompany each Bid, and must be in the form of an AIA Document A310 Bid Bond, properly executed by the Bidder and by a qualified surety, or a 00100 - Advertisement for Bids REV 04-07 00100 130=100 certified check or a cashier's check, drawn on any bank authorized to do business in the State of Florida. Bid Security must be in the sum of not less than Five Percent (5%) of the total amount of the bid, made payable to Indian River County Board of County Commissioners. In the event the Contract is awarded to the Bidder, Bidder will enter into a Contract with the County and furnish the required 100% Performance Bond and 100% Payment Bond within the timeframe set by the County. If Bidder fails to do so, the Bid Security shall retained by the County as liquidated damages and not as a penalty. Please note that the questionnaire must be filled out completely including the financial statement. The County reserves the right to delay awarding of the Contract for a period of sixty 60 days after the bid opening, to waive informalities in any bid, or reject any or all bids in whole or in part with or without cause, or to accept the bid that, in its judgment, will serve the best interest of Indian River County, Florida. The County will not reimburse any Bidder for bid preparation costs. A Pre -Bid Conference will be held on Room A1-303 of the Indian River County Building A, Vero Beach, Florida, 32960. BIDDERS IS HIGHLY ENCOURAGED. September 17, 2008 at 10:00 AM, in Conference Administration Building located at 1801 27th Street, ATTENDANCE AT THIS CONFERENCE BY ALL INDIAN RIVER COUNTY By: Jerry Davis Purchasing Manager For Publication in the Vero Beach Press Journal Date: August 27, 2008 For: Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to: INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street Vero Beach, FL 32960 * * END OF SECTION * * 00100 - Advertisement for Bids REV 04-07 00100-2 F:\Engineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00100 - Advertisement for Bids REV 04-07.doc * * END OF SECTION * * 00100 - Advertisement for Bids REV 04-07 00100-3 F.\Engineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00100 - Advertisement for Bids REV 04-07.doc SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No. - Title • . • ARTICLE1 — DEFINED TERMS.............................................................................................1 ARTICLE 2 as COPIES OF BIDDING DOCUMENTS................................................................1 ARTICLE 3 — QUALIFICATIONS OF BIDDERS......................................................................1 ARTICLE 4 as EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, ANDSITE...................................................................................................................2 ARTICLE5 — PRE—BID CONFERENCE..................................................................................4 ARTICLE 6 an SITE AND OTHER AREAS................................................................................4 ARTICLE 7 — INTERPRETATIONS AND ADDENDA".,',,, se.*0606*06 a ... 4 ARTICLE8 an BID SECURITY................................................................................................. 5 ARTICLE 9 as CONTRACT TIMES.., Sees, 0 ease., Sege '&Samoa aeon,, all, *0 ......... I Sees,, abet,.,.. 1 5 ARTICLE 10 as LIQUIDATED DAMAGES .................................................. a .... ..... assesses ...... 0 ..... 6 ARTICLE 11 — SUBSTITUTE AND "OR—EQUAL" ITEMS. a I I I I I I I a 0 a 0 0 0 b . 0 a a 0 a a 0 1 1 1 1 a I I I 1 0 1 1 1 1 1 . . I I I I . . 1 1 1 6 ARTICLE 12 as SUBCONTRACTORS, SUPPLIERS, AND OTHERS... 111.01,11,1195 @,.moo, ... age ......... 6 ARTICLE 13 be PREPARATION OF BID ................................... .......... ..........................:.......... 7 ARTICLE 14 as BASIS OF BID; EVALUATION OF BIDS... 7 ARTICLE 15 — SUBMITTAL OF BID,",',"", Sees, ... 11 8 ARTICLE 16 —MODIFICATION AND WITHDRAWAL OF BIDS,*, ......... 0 ........ 8 ARTICLE17 asOPENING OF BIDS.........................................................................................9 ARTICLE 18 —BIDS TO REMAIN SUBJECT TO ACCEPTANCE ........................................... 9 ARTICLE19 an AWARD OF CONTRACT................................................................................ 9 ARTICLE 20 — CONTRACT SECURITY AND INSURANCE. . . I I I I I I I I I as I I I I I . I 1 6 1 . 1 0 1 1 a 1 4 a a a 0 . 0 6 0 a . 6 6 . . . . . . . 0 10 ARTICLE 21 —SIGNING OF AGREEMENT",,.,,,"",',* ... a wommoss.00. ... 111110 00200 - Instructions to Bidders REV 04-07 00200 - i F:\Engineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00200 - Instructions to Bidders REV 04-07.doc SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) Sublect Article Award of Contract... 1111.11111110*sa moose 101,1110 01,1011, ............ 19 Basisof Bid; Evaluation of Bids................................................................................................14 BidSecurity.....................................:........................................................:.................................8 Bids to Remain Subject to Acceptance.....................................................................................18 Contract Security and Insurance...............................................................................................20 ContractTimes...........................................................................................................................9 Contracts to be Assigned,,.,....,...,". ... Saba*. a I 1111111m. ageove a 0.099.0.01 1 a,* all I "'.Gone ... 24 Copiesof Bidding Documents.....................................................................................................2 DefinedTerms............................................................................................................................1 Examination of Bidding Documents, Other Related Data, and Site.............................................4 Interpretationsand Addenda..............................................:........................................................7 Liquidated Damages.. I I .,%a *me *moose,, at" as I,,,. am. @mom 10 Modification and Withdrawal of Bid...........................................................................................16 Openingof Bids........................................................................................................................17 Partnering........................:.............................. .......................................................................... 25 Pre -Bid Conference....................................................................................................................5 Preparation of Bid. I ",',moo god moompoww ... 13 Qualifications of Bidders. I I I I I I I I I I I I I I . a a a 0 * 0 . & 0 . I . . . I I I I . . I I I . . I I I I a 0 a 0 1 0 d a V a 0 6 a a a 3 Retainage'...." Sales and Use Taxes'..,., ..... I.." ... Signing of Agreement.....,.,.. 11.1100.006 ... I",,. a a a 590.60A map.*@& we,., ... 21 Siteand Other Areas............:.....................................................................................................6 Subcontractors, Suppliers and Others......................................................................................12 Submittalof Bid........................................................................................................................15 Substituteor "Or -Equal' Items..................................................................................................11 00200 - Instructions to Bidders REV 04-07 00200-11 F:\Engineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00200 - Instructions to Bidders REV 04-07.doc SECTION 00200 = Instructions to Bidders ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder --The individual or entity who submits a Bid directly to OWNER. B. Issuing Office --The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. C. Successful Bidder --The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within five days of OWNER's request Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below. A. Bidder must have at least five yearsexperience in the construction of similar projects of this size and larger. B. Bidder must have successfully constructed, as prime CONTRACTOR, at least three projects similar in scope to this project. C. Bidder must have good recommendations from at least three clients similar to the OWNER. D. The Bidder's superintendent and assistants must be qualified and experienced in similar projects in all categories. E. Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located. 00200 - Instructions to Bidders REV 04-07 00200-1 FAEngineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 - 3.02 Each bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 3.03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.01.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and established in paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERs of such Underground Facilities, including OWNER, or others. , 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.06 of the General Conditions has been identified and established in paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or 00200 - Instructions to Bidders REV 04-07 00200-2 F:\Engineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions, 4.05 Upon a request directed to the ENGINEER (Michael D. Nixon, P.E. 772-226-1986), OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of any other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; B. VISIT THE SITE AFTER CONTACTING THE ENGINEER (MICHAEL D. NIXON, P.E., (772) 567-80009 EXT. 1986) TO MAKE ARRANGEMENTS IN ADVANCE, AND BECOME FAMILIAR WITH AND SATISFY BIDDER AS TO THE GENERAL, LOCAL, AND SITE CONDITIONS THAT MAY AFFECT COST, PROGRESS, AND PERFORMANCE OF THE WORK; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work; D. carefully study all 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 carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions; E. obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (overhead, surface, subsurface, and Underground Facilities) at or 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 any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; 00200 - Instructions to Bidders REV 04-07 00200-3 FAEngineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents; H. correlate 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. promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 The date, time, and location for a Pre -Bid conference, if any, are specified in the Advertisement for Bids. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 00200 - Instructions to Bidders REV 04-07 00200-4 F:\Engineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, deemed advisable by OWNER or ENGINEER, correct, or change the Bidding Documents as ARTICLE 8 - BID SECURITY 8.01 Each Bid must be accompanied by Bid Security made payable to Owner in an amount of five percent of the Bidder's maximum base bid price and in the form of a certified check; cashiers check; or an AIA Document A310 Bid Bond issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. The Bid. Bond shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular .570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. The Surety must be authorized to issue surety bonds in Florida. The Bidder shall require the attorney-in-fact who executes any Bond, to affix to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida. Further, at the time of execution of the Contract, ' the Successful Bidder shall for all Bonds, provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304-9308. The Surety shall also meet the requirements of paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be retained by owner. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. 8.03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of calendar days within which, or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. 00200: Instructions to Bidders REV 04-07 00200-5 FAEngineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or `or -equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or - equal' item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements, ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent' Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. if OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid. 12.02 If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions, 12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection. 00200 - Instructions to Bidders REV 04-07 00200-6 F:\Engineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00200 - Instructions to Bidders REV 04-07.doc Rev., 05/01 ARTICLE 13 - PREPARATION OF BID 13.01 The Bid form is included with the Bidding Documents. Additional copies may be obtained from the Issuing Office. 13.02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein, or the words "No Bid," "No Change," or "Not Applicable" entered. . 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (vMiose title must appear under the signature), accompanied. by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign.. The state of formation of the firm and the official address of the firm must be shown below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature. . 136081 All names shall be typed or,printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. 13.10 The address and telephone number for communications regarding the Bid shall be shown. 13.11 The. Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number or county registration number for the state or county of the Project, if any, shall also be shown on the Bid form. 13.12 All supporting information requested in the Bid Form must be furnished. Do not leave any questions or requests unanswered. - ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. 00200 - Instructions to Bidders REV 0407 00200-7 F:IEngineeringlCapital Projects0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\C0NTRACT 81000200 - Instructions to Bidders REV 04-07.doc Rev. 05101 B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 11.02 of the General Conditions. 14.03 The Bidder's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule, or elsewhere, is approximate only and not guaranteed. The OWNER does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work, or Qther conditions pertaining thereto. ARTICLE 15 - SUBMITTAL OF BID 15.01 The Bid form is to be completed and submitted with the Bid security and the following data: A. Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships. B. Sworn Statement under the Florida Trench Safety Act. C. General Information Required of Bidders. D. List of Subcontractors. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If mail or other delivery system sends a Bid, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Indian River County, Purchasing Division, 1801 27"' Street, Vero Beach, Florida, 32960. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. - 00200 - Instructions to Bidders REV 04-07 00200-8 F.NEngineering\Capital Nojects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00200 - Instructions to Bidders REV 0"IrAOc Rsv nsini 16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder Will be disqualified from further bidding on the Work. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and- place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 - AWARD OF CONTRACT 19.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non -responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs. Owner reserves the right to cancel the award of any Contract at any time before the execution of such Contract by all parties without any liability to the Owner. For and in consideration of the Owner considering Bids submitted, the Bidder, 'by submitting its Bid, expressly waives any claim to damages, of any kind whatsoever, in the event the Owner exercises its right to cancel the award in accordance herewith. - 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the - rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. It is the OWNER's intent to accept alternates (if any are accepted) in the order in which they are listed on the Bid form, but OWNER may accept them in any order or combination. 19.04 in evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or 00200 - Instructions to Bidders REV 04-07 00200 - 9 F:\Engineering\Capltal Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT 8110\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents, 19.06 If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER's requirements as to performance and payment Bonds and insurance. When _ the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such. Bonds, unless the BQnds have been waived due to the total contract being. less than $50,000. - ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within fifteen (15) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. - 21.02 OWNER shall return one fully signed counterpart to Successful Bidder, 21.03 Should Bidder to whom the Contract has been awarded refuse or fail to complete the requirements of Article 21.01 above, the additional time in calendar days, required to correctly complete the documents will be deducted, in equal amount, from the Contract time. Or, the OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred, and the Contract may be awarded as the OWNER desires. * * END OF SECTION * * — 00200 - Instructions to Bidders REV 04-07 00200 - 10 FAEnglneedng\Capital Projeds'0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway 1„ ,provements\CONTRACT B000200 - InsWdtons to Bidders REV 04 07.doe SECTION 00300 = Bid ,Package Contents THIS PACKAGE CONTAINS: SECTION TITLE Bid Form AIA Document A310 Bid Bond Sworn Statement on Disclosure of Relationships Sworn Statement Under the Florida Trench Safety Act General Information Required of Bidders List of Subcontractors SECTION NUMBER 00310 00430 00452 00454 00456 00458 SUBMIT TWO (2) COPIES OF THIS COMPLETE PACKAGE WITH YOUR BID * * END OF SECTION * * 00300 - Bid Package Contents - REV 04-07 003001 FAEnginearing%Capital Pmjectst0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway knprovements\CONTRACT B113\00300 - Bid Package Contents - REV 04-07.doc SECTION 00310 = Bid Form PROJECT IDENTIFICATION: Project Name: 5th Street SW / 43`d Avenue Bridge Replacement and Intersection Improvements County Project Number: 0206 - Project Address: 5TH Street SW and 43 Avenue, Vero Beach, Florida Project Description: The project will include the replacement of the 5�h Street SW Bridge over the 43`d Avenue Indian River Farms Water Control District Canal. The work will include improvements to the 5t' Street SW / 43`d Avenue Intersection associated with the bridge replacement. The project will also include tree stump removal along the west side of 43`d Avenue adjacent to the proposed intersection Improvements. THIS BID IS SUBMITTED TO: INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street VERO BEACH, FLORIDA 32960 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 Advertisement 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 Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged. B. Bidder has visited the Site and become familiar with and is satisfied as to the general, _. local and Site conditions that may affect cost, progress, and performance of the Work. 00310 - Bid Form REV 04-07 00310 -1 r.e...d..nerinnrnnital Dmw4*wonF Fth RT RW R 43rd AVE Bridge Redacement & Roadwav ImorovementsNCONTRACT BIDX00310 - Bid Forth REV 04-07.doe Rev. 0516/01 C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully 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 have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions, 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 or 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 are 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 aware 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 - directly or 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 from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. [The remainder of page intentionally left blank] 00310 - Bid Form REV 04-07 00310 - 2 c4C"ra"& rinnXr.Ardta1 vrniar A&M206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT B10�00310 - Bid Form REV 04-07.doc Rev. 06116101 ITEMIZED BID SCHEDULE 104-2008 PROJECT NAME: 43RD AVENUE & STH STREET SW ROAD IMPROVEMENTS PROJECT #0206,I13ID,#Z0080D BIDDER'S 00310-3 F:\Engineedng\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BIDUTEMIZED BID SCHEDULE - REVISED 10-02-08 ROADWAY IMPROVEMENTS 110-1-1 CLEARING AND GRUBBING LS 1 v51 0006 ' &5. s 11 0001 110-1-1A STUMP & ROOT REMOVAL (t 158 STUMPS) LS 1 (91) PALMS, (29) OAKS, (16) PINES 20-48" (11) PINES 6-18" 4 AUST. PINES 6-18" 7 AUST. PINES 20-48' SVD ik� i©, 120-1 REGULAR EXCAVATION CY 2,467 120-6 EMBANKMENT CY 3,512 ' A O ROADWAY MATERIALS 160-4-12 TYPE B STABILIZATION 12" SY 21 177 i 1 285-706 CEMENTED COQUINA SHELL BASE GROUP 4 (61) ONE LIFT TEMPORARY BASE SY 3 500 V 1, 0 281 0004 285-707 CEMENTED COQUINA SHELL BASE GROUP 6 8" TWO LIFTS SY 12,307 f O • `' ' �j 327-70-6 MILLING EXISTING ASPHALT PAVEMENT 1-1/2" AVERAGE SY 1 911 O" :3: e CO 0:3:3 334-1-1 ISUPERPAVE ASPHALTIC CONCRETE -1"-SP 9.5 SY 16,000 let " "' 0 w 334-1-1A SUPERPAVE ASPHALTIC CONCRETE -1 -1/2" -SP 9.5 SY 1.222 v ` 00 a j q /1 64 00 334-1-2 SUPERPAVE ASPHALTIC CONCRETE -1 1/2" -SP 12.5 SY 19,500 06 �� ° 334-1-163 SUPERPAVE ASPHALTIC CONCRETE OVERBUILD -SP 12.5 TN 50 ' �Q 00 61 0C)OW 0c) 339-1 MISCELLANEOUS ASPHALT PAVEMENT TN 25 jo' V V 14 OD 425-1-351 INLET TYPE "P-5" <10' EA 2 O OO. � �v • ©© 425-1-361 INLET TYPE "P-6" <10' EA 1 425-1-461 INLET TYPE "J -6"<10'P EA 1 u 00I9+� OUC/8 1LET 425-1:41 TYPE "C" <10' �` 3 0� 425-1LET TYPE "E" <10' 9 � D01��� 425-2-43 MANHOLE TYPE "P-7" <10' PARTIAL EA 1 a1Jo1� 425-2-71 MANHOLE TYPE "J -T' <10, 2 yy�� ��yy �VV� 425-2-71A MANHOLE CONFLICT STRUCTURE TYPE "J-7' <10' EA 1 ` 00,✓ Ong 1 00310-3 F:\Engineedng\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BIDUTEMIZED BID SCHEDULE - REVISED 10-02-08 ITEMIZED BID SCHEDULE 10-2-2008 PROJECT NAME: 43RD AVENUE 815TH STREET SW ROAD IMPROVEMENTS PROJECT #02 6,/BID # 08075 F:\Engineering\Capitai Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BIMITEMIZED BID SCHEDULE - REVISED 10-02-08 m 37 � • 1 XANH� PIPE, PLUGGING , 1CONCRETE QQNCRETE PI f1 �® r 1 1 • 770� 1 1 • , 1 •PIP ®� • goNCRETE 801)BITUMINOUS COATED CORRUGATED ALUMINUM PIPEr (16 GAUGgj. ' ' • ®� �® UNDERDRAIN OUTLET, 411 ... ©© r ® 1 1 • 1• LQhICRETE SIDEWALK, 4" THICK CONCRET SIDEWALK 6" TH�ICK �� ► r _!DCEMELNT— RIP- SAt GU�AR—QRAIL GUARDRAIL BRIDGE ANCHORAGE ASSEMBLY (SEE DTL. J) • 11 -.- .. 111CRASH CUSHION -VEHICULAR IMPACT ATTENUATOR (4 -BAY F:\Engineering\Capitai Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BIMITEMIZED BID SCHEDULE - REVISED 10-02-08 oa31a 5 FAEngineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BIDVTEMIZED BID SCHEDULE - REVISED 10-02-08 FsYT13.386 IA o� ` 01) 575-1-1 SODDING BAHIA OR MATCH EXISTING 03 $ O 45r 1 ROADWAY IMPROVEMENTS SUBTOTAL TRAFFIC SIGNALS 630-1-12 CONDUIT LF 2,733 r)2 0 -! u/ i` 630.1-13 ICONDUIT LF 1.353 00i 5'1 0 Q(24 632-6 CABLE PI 1 633-121-1 FIBER OPTIC CABLE LF 1.320 '5`00 634-4-112 SPAN-WIRE ASSEMBLY PI , �j 635-1-11 PULL & JUNCTION BOXES EA 10� v� 635-1-15 PULL & JUNCTION BOXES EA 5 I 'Zon "' I, 2 ` ' ' -� 639-1-21 ELECTRICAL POWER SERVICE AS 1 i t,5 ` 00 639-2-1 ELECTRICAL SERVICE WIRE LF 100 �/ 0VCom! r 641-17-148 PRESTRESSED CONCRETE POLES EA 4 01911" t919650-51-3 11 TRAFFIC SIGNAL AS 4 ` 1000 L4 650-51-511 TRAFFIC SIGNAL AS 4 Lr**)Vn � t �oof I 653-191 PEDESTRIAN SIGNALS AS 4 v f� 659-101 SIGNAL HEAD AUXILIARIES EA 2 659-107 SIGNAL HEAD AUXILIARIES 659-118 ISIGNAL HEAD AUXILIARIES EA 2 �1� to ovo' 1663-74-11 VEHICLE DETECTOR ASSEMBLIES EA 4 665-11 PEDESTRIAN DETECTOR EA 4 /(�l,/ J� � /. V /� 4 A� oOlJt 670-5-110 TRAFFIC CONTROLLER ASSEMBLY AS 1 oa31a 5 FAEngineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BIDVTEMIZED BID SCHEDULE - REVISED 10-02-08 ITEMIZED BID SCHEDULE 104=2008 PROJECT NAME: 43RD AVENUE 8.5TH STREET SW ROAD IMPROVEMENTS F:\EngineeringkCapitai Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway ImprovementACONTRACT BIDVTEMIZED BID SCHEDULE - REVISED 10-02-06 ITEMIZED BID SCHEDULE 104-2008 PROJECT NAME: 43RD AVENUE & 5TH STREET SW ROAD IMPROVEMENTS PROJECT #0206 9"D #AOr8075 1 F.\Engineedng\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BIMITEMIZED BID SCHEDULE - REVISED 10-02-08 SKIP TTkFFIC STRIPE (6" YELLOW THE OP STIC) TRAFFIC MARKING AND STRIPING SUB TOTAL WATER UTIL[IlEa. �� • LITY WORK, CONNECT . .,, .I ILITY WORK, 1LTjLjCFjjEjj!QjL&j1j45 DEGREE ELBOW ly'MJWM) �► �© CONNECT TO EXISTING WATER MAIN (1811 x I Y'TAPPING �! CONNECT TO EXISTING WATER MAIN (18" x 8" TAPPI ,:. F.\Engineedng\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BIMITEMIZED BID SCHEDULE - REVISED 10-02-08 ITEMIZED BID SCHEDULE 10=2-2008 PROJECT NAME: 43RD AVENUE & 5TH STREET SW ROAD IMPROVEMENTS F.\Engineering\Capital Projects\0206 Sth ST SW & 43rd AVE Bridge Replacement & Roadway impnrvements\CONTRACT BIDVTEMIZED BID SCHEDULE - REVISED 10-02-06 ITEMIZED BID SCHEDULE 10=24008 PROJECT NAME: 43RD AVENUE & STH STREET SW ROAD IMPROVEMENTS PROJECT #02209 /BID 08075 BIDDEWS NAME/ ' + F:\Enginsering\Capital Projects\0208 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\ITEMIZED BID SCHEDULE - REVISED 10.02-08 PRESTRESSED PILES • 1 • ®� • 1 . . 1 �® 1 . . f y r SIDEWALK ,11CONCRETE REINFQRCING STEEL MISCELLANEOUS ASPHALT (SLQPE PROTEC I TIONL_ All PIPE CRADLES CLASS it qQUQR�ETE LREINFORCING STEEL �� APPROACH SLABS •11 1CLASS 11 CONCRE REINFORCING STEEL F:\Enginsering\Capital Projects\0208 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\ITEMIZED BID SCHEDULE - REVISED 10.02-08 ITEMIZED BID SCHEDULE 10-2-2008 PROJECT NAME: 43RD AVENUE & STH STREET SW ROAD IMPROVEMENTS PROJECT #0206 / ID #2111075 BIDDER'S NAME: S-� Q R 6. ��a� F:\Engineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BIDVTEMIZED BID SCHEDULE - REVISED 10-02-08 ITEMIZED BID SCHEDULE 10-2-2008 PROJECT NAME: 43RD AVENUE & STH STREET SW ROAD IMPROVEMENTS PROJECT #0206 /BID #2008075 BIDDER'S NAME: ROADWAYIMPROVEMENTS SUB -TOTAL: SUB-TOTA AMOUNT OF ID (IN WOR ` Se,>/EX1 BRIDGE IM ROVEMEN 4 SUB -TOTAL: SUB-TOTIAL AM�QQ1rUNT OF BI (IN i�r`r1f tNt J04 o MISCELLANEOUS SUB -TOTAL: SUB -TOTAL AMOUNT OF BIP IN 1wns�r FORCE ACCOUNT: Veo r1 EM oma , ,' i 0 � $50,000,00 FORCE ACCOUNT (IN WORDS): FIFTY -THOUSAND DOLLARS AND NO CENTS TOTAL BID AMOUNT: $ 11 ,W31r 3az1 0031011 F1Engineering\Capital Projects\0208 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BIDUTEMIZED BID SCHEDULE - REVISED 10-02-08 5.01 Bidder shall complete the Work in accordance with the Contract Documents for the price(s) contained in the Itemized Bid Schedule: A. The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. Be The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans. Furthermore, the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions. Co Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities .provided. The quantities actually required to complete the contract and work may be less or more than so estimated, and, if so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. D. Unit Prices have been computed in accordance with paragraph 11.03.13 of the General Conditions. 6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14.07.6 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, 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 1 Be A tabulation of Subcontractors, required to be identified in this Bid; Suppliers [and other] individuals and entities C. Statement of Public Entity Crimes; D. Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships; E. Sworn Statement Under the Florida Trench Safety Act, F. General Information Required of Bidders; G. List of Subcontractors; and H. Itemized Bid Schedule 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. 00310 . Bid Form REV 04-07 00310 - 8 c-NFnninAPAna\Caottal ProiectsW206 5th ST SW & 43rd AVE Bridge Replacement & Roadway ImprovementlACONTRACT BIDW0310 - Bid Form REV 0407.doc SUBMITTED on (f , 20IN• State Contractor License No. ( C; Coe 1 S 0q If Bidder is: A Corporation Corporation Name: State of Incorporatic Type (Genera} Busj.. (Signature — attach evidence of authority to sign) Liability): (SEAL) Date of Qualification to do business is * * END OF SECTION * * )RATE SEAL) 00310 - Bid Form REV 04-07 00310-9 FAEnglneedng\Capftal PrgectsWme 206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvemants�CONTRACT BIDWOM - Bid Form REV 04-07.doc THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe SHELTRA & SON CONSTRUCTION CO.,INC. (Here insert full name and address or legal title of Contractor) INDIANTOWN, FLORIDA as Principal, hereinafter called the Principal, and CINCINNATI, OHIO GREAT AMERICAN INSURANCE COMPANY (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of OHIO as Surety, hereinafter called the Surety, are held and firmly bound unto INDIAN RIVER COUNTY BOARD (Here insert full name and address or legal title of Owner) OF COUNTY COMMISSIONERS, 1800 27TH STREET, VERO BEACH, FLORIDA 32960 as Obligee, hereinafter called the Obligee, in the sum of FIVE PER CENT OF THE BID AMOUNT Dollars ($ 5% OF BID ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) 5TH STREET SW AND 43RD AVENUE BRIDGE REPLACEMENT AND INTERSECTION IMPROVEMENTS, BID NO. 2008075 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 8TH (Witness) day of SHEL OCTOBER rnNCTDHrTTnN rn XX 2008. INC. FRANCIS T. O' REARDON (Title) ATTORNEY-IN-FACT RESIDENT FLORIDA AGENT AIA DOCUMENT A310 • BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 7 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513=369-5000 • FAX 513=723-2740 The number of persons authorized by this power of attorney is not more than THREE No.0 18509-54 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in- fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name TODD L. JOHNSON FRANCIS T. O'REARDON JOANN H. BEBOUT Address ALL OF ORLANDO, FLORIDA Limit of Power ALL $75,000,000 This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 7TH day of FEBRUARY , 2008 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (513-412-4602) On this 7TH day of FEBRUARY 2008 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Divisional President, the Divisional Senior Vice President, the several Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, • to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES. Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 8TH S1029w (6/07) day of OCTOBER Nmoe SECTION 00430 AIA DOCUMENT A310 BID BOND The Contractor shall use the document form entitled "AIA Document A310 Bid Bond". END OF SECTION + + END OF SECTION + + 00430 - Bid Bond REV 04-07 00430-1 F:\EnaineerinptCapftal Projeds10206 5th ST SW & 43rd AVE Bridge Replacement & Roadway improvements\CONTRACT BI1R00430 - Bid Bond REV 04-07.doc Rev. 05/01 SECTION 00452 DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Bid, Proposal or Contract No. 2QRRQg4 for 5"' Street SW / 43rd Avenue Bridge Replacement and Intersection Improvements. 1. 2. 3 This sworn statement is submitted by: entity whose business address is: (if applicable) its Federal Employer Identification Number (FEIN) is My name is � % t)1� (j►l'� +� (Please print name of i and my relationship to the entity named above is signing) sworn statement) 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. I. 4. 1 understand that the relationship with a County Commissioner or County employee that must be disclosed is as follows: Father, mother, son; daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father4n-law, mother-in- law, daughter -fn -law, son-in-law, ' brother4n-law, sister4n-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent or grandchild. 5: Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. Please indicate which statement applies. V/Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in Section 105.08, Indian River County Code, with any County Commissioner or County employee. - 00452 - Disclosure of Relationships REV 04-07 00452-1 F:\Engineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00452 - Disclosure of Relationships REV 04 07.doe The entity submitting this swom statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity have the following relationships with a County Commissioner or County employee: (signature) (date) STATE OF 14,Q pi otv� COUNTY OF Personally appeared before me, the undersigned authority, KIC In Imo_ who after first bein s orr� by me, affixed his/her si nature in the space provided above on this day of Tp2�` , 20V? . h4Vft eao^rti NotaryPublic, State at large My Commission Expires: END OF SECTION sa ALYSA A. COMFORT :.: Commission DD 764786 ` r Expires May 26, 2012 eaaaeanwTwyFain trune.eoo,9es7oti 00452 - Disclosure of Relationships REV 04-07 00452-2 FAEngineering\Caphal Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & RoadwaY ImproremantS=NTRACT BID100452 - Disclosure of Relationships REV 04- n9 Ai Name of Affiliate or Entity Name of County Commissioner or employee Relationship 1. 2. 3. 4. 5. 6. 7. 8. (signature) (date) STATE OF 14,Q pi otv� COUNTY OF Personally appeared before me, the undersigned authority, KIC In Imo_ who after first bein s orr� by me, affixed his/her si nature in the space provided above on this day of Tp2�` , 20V? . h4Vft eao^rti NotaryPublic, State at large My Commission Expires: END OF SECTION sa ALYSA A. COMFORT :.: Commission DD 764786 ` r Expires May 26, 2012 eaaaeanwTwyFain trune.eoo,9es7oti 00452 - Disclosure of Relationships REV 04-07 00452-2 FAEngineering\Caphal Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & RoadwaY ImproremantS=NTRACT BID100452 - Disclosure of Relationships REV 04- n9 Ai SECTION 00454 - Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ("BIDDER"), OR ITS AUTHORIZED REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS. 1. This Sworn Statement is submitted with Project No. 0206 for 5th Street SW / 43d Avenue Bridge Replacement and Intersection Improvements /� 2. This -Sworn Statement is submitted by yjh6Hr} 1�1� Sgin alymgoe (Legal Name of Entity Submitting Sworn Statement) hereinafter "BIDDER".n _ Th, BID ER's addressis _ rC BIDDER's Federal Employer Identification Number (FEIN) i 3. My name is RICJ\P&A ri 29ti and my relationship to the BIDDER it i (Print Name of Individual Signing) iS t'rl (Position or Title) I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. 4, The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act Section 553.60 et.se4. Florida Statutes and refer to the applicable Florida Statue(s) and/or OSHA Regulation(s) and include the "effective date" in the citation(s). Reference to and compliance with the applicable Florida Statute(s) and OSHA Regulation(s) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards, 5, The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards. o .A 6. The BIDDER has allocated and included in its bid the total amount of $1600 - based on the linear feet of trench to be excavated over five (5) feet deep, for compliance with the applicable Trench Safety Standards, and intends to comply with said standards by.instituting the following specific method(s) of compliance on this Project: o e The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness, or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 00 7) The BIDDER has allocated and included in its bid the total amount of $ / a O . based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method(s) of compliance on this Project: �� c �' �_ 00454 - Florida Trench Safety Act - REV 04-07 00454 - 1 FAEngineeringZapital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BIDW0464 -Florida Trench Safety Act - REV 04- 07.doc The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 8) The BIDDER, in submitting this bid, represents that it has obtained and considered all available geotechnical information, has utilized said geotechnical information and that, based on such information and the BIDDER's own information, the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project. 109 0 Date: I U - L�) STATE OF f4 LP COUNTY OF M Personally appeared before me, the unders• ned authority, R u A r I who after first being swrn y me, affixed.. /her si nature in the space provided above on this — day of Or 20 UZI X� Q - C. Notary Public, State at la My Commission Expires: * * END OF SECTION * * .ti:'r'' • ALYSA A. COMFORT -M Commission DD 764786 `;'•s Expires May 26, 2012 -�, eonaoan>,unorFrrw.me.eoosesamo 00454 - Florida Trench Safety Act • REV 04-07 00454 - 2 F:AEngineeringXCapital Project90206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00454 - Florida Trench Safety Act - REV 04- 07.doc N 00456 - QUALIFICATIONS QUESTION NOTICE: THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON - RESPONSIBLE BIDDERS. UNDER PENALTY OF PERJURY, the undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained. Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Attach additional sheets as required. Documentation Submitted with Project No: 0206 Project Name: a Street SW / 43`d Avenue Bridge Replacement and Intersection Improvements Bidder's Name / 1 Telephone & FAX Numbers. 2. Licensing and Corporate Status: a. Is Contractor License current? �S b. Bidder's Contractor License No: [Attach a copy of Contractor's License to the bid] c. Attach documentation from the State of Florida Division of Corporations that indicates the business entity's status is active and that lists the names and titles of all officers. 3. Number of years the firm has performed business as a Contractor in construction work of the type involved in this contract:3 ) 4. Wohat is tAAe mast p�ojec SOF THIS NA URE that the firm has completed? 5. Has the firm ever failed to complete work awarded to you? 0 [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which the firm failed. to complete the work.] 7.. Has the firm ever been assessed liquidated damages?O [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and. list the project name, Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed.] 8. Has the firm ever been charged by OSHA for violating any OSHA regulations . 4 [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which OSHA violations were alleged.] Has the firm ever been charged with noncompliance of any public policy or rules? .No— [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project.] 10. Attach to this questionnaire, a notarized financial statpment and other i fid orma ' t a documents the firm's financial t ngth and history. J 11. Has he�fn�v r defaulted on any of its projects? [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which a default occurred.] 12. Attach a separate page to this questionnaire that summarizes the firm's current workload and that demonstrates its ability to meet the project schedule. 13. Name of person who inspected the site of the proposed work for the firm: Name: �-d"c.. Date of Inspections: " a 14. Name of on-site Project Foreman: Ir 0 c e., /Jo. -s Number of years of experience with similar projects as a Project Foreman: 15. Name of Project Manager: Number of years of experience with similar projects as a Project Manager: 16. State your total bonding capacity: 17. 00 State your bonding capacity per job: �l �) ©�` 18. Please provide name, address, telephone number, and contact person of your bonding company: C�,Ve 4 me r% r -v4 -+n lS [The remainder of this page was left blank intentionally] r 3 r m D w tA a 0 n d bo Q S4 I �� H a `r O U W a a H a H to pal A U 0 a 0 0 in . Ln M M ft LM to El H E4 J a 3 H W H H .E•+ J . a 3 M N W4 W W H� En to 0 to to Ch A to H cnv wm O M H O H Pk 3pHyH '' o, aU zcozc �f� H N cen N t0 r r•- Ln Ob %c to P4 m a a A tANOpi p4 0 M 1'sj A 0 H H 04 cq G 3 E,4 a tN HMat` a 1 aP in Ch r o p o O p O O p O � p o co 0 0 N toM 1%%vo in N 1 E pal ' xH ' W P4 P4 H E" pq A t03 wpq as 3 3� O Z O 3 W z a O H 5 4 a a a m N N M W tEA c00 M to UH H QD pay H M E4 C04 o WWW M d H V a Oma Wo 9410 Vo UHCoClvo O b4 N �C 0 p� 0 Cl 3W �� H U co U a�prll� �V� � M aoo�� ZC4go%o 0o m a cn T2 �' H�aN 19060E to) prAp4Ln agqa3 Ln to C�7 H A to H wm a a A tANOpi p4 0 M 1'sj A 0 H H 04 cq G 3 E,4 a tN HMat` a 1 aP in Ch r o p o O p O O p O � p o co 0 0 N toM 1%%vo in N 1 E pal ' xH ' W P4 P4 H E" pq A t03 wpq as 3 3� O Z O 3 W z a O H 5 4 a a a m N N M W tEA c00 M to UH H QD pay H M E4 C04 o WWW M d H V a Oma Wo 9410 Vo UHCoClvo O b4 N �C 0 p� 0 Cl 3W �� H U co U a�prll� �V� � M aoo�� ZC4go%o 0o m a cn T2 �' H�aN 19060E to) prAp4Ln agqa3 Ln � ti w_; • ft dP Cr V CDO • Ln M mbN N 'J O N WF H Z as 0 H �W H wHH s� A LA0 co %& M h A Oa0O'd O U3HHN ,P4 tj to A w a OulmN 0 04 In • Go r- co b A a °az >+ O H 2w m 0 Q� o°a a az O Ora P4 Z U3 O y H co %& M h A Oa0O'd O U3HHN ,P4 tj to A w a OulmN 0 04 In • Go r- co b A a °az >+ O H 2w U1 0 00 Go ft or r - m O>1� Q� az Ora � Z M 03 U P4 HNH EH .- 0 •w N N U1 0 00 Go ft or r - �o H o� H %DCD E=4 94 43 r- UWM N a14 H', H U CO P in rt ZNR1Ln Hc)pgrON 'L aor� H r- 0 P J rn z H o� to H N N H en pH4' U >4 .; W 29wqw aHca a4•d WDaZ�o au A �HZcaV O%Dxm T- M . m P4 Q� az Ora N H 03 �o H o� H %DCD E=4 94 43 r- UWM N a14 H', H U CO P in rt ZNR1Ln Hc)pgrON 'L aor� H r- 0 P J rn z H o� to H N N H en pH4' U >4 .; W 29wqw aHca a4•d WDaZ�o au A �HZcaV O%Dxm T- M . [NOTE: If requested by the County, the Bidder shall furnish references, and other information, sufficiently comprehensive to permit an appraisal of its abilities as a cn . 61 By: (Signature) (Position or Title) * * END OF SECTION * * (Date) 00456 - Qualifications Questionnaire - REV 04-07 00456 - 1 F:�Engineering\Capital ProjectsW206 5th ST SW & 43rd AVE Bridge Replacement & Roadway kMMvemantS\C0NTRACT BIDW0456 - Qual'fications Questionnaire •REV 04 07.doc SECTION 00458 - List of Subcontractors The Bidder SHALL list below the name and address of each Subcontractor who will perform work under this Contract in excess of one-half percent of the total bid price, and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Bids, changes or substitutions will not be allowed unless approved by Indian River County after a request for such a change has been submitted in writing by the Contractor, which shall include reasons for such request. Subcontractors must be properly licensed and hold a valid Certificate of Competency. Documentation Submitted with Project No. 0206 for 5t' Street SW / 43`d Avenue Bridge Replacement and Intersection Improvements. Work to be Performed Subcontractor's Name/Address j5 A) croup - FpJ 3. 4. 5. 6. 7. 8. 9. 10, 11. 12. 13. 14. 15. 16. 17. Note: Attach additional sheets if required. * * END OF SECTION * * 00458 - List of Subcontractors REV 04-07 00458 - 1 o..a�w%ona r0% e'r a►J Z e4rA eve arlri . w.rdit�o nM A Imn #rn nle%MN"Arlr RIMMt458 -1•iat of Subcontractors REV 04-07.dac 1 oz MmD m zO *cz gW� to "0 a, CD �n.�m coo ZOO W Ln Ln D G) 0 =NC a) _a cn D 0 m m z m -1 m mm= z a� mm D rd 7�c m�D . m 07) C.&C Z nom "0oD SO Opp � 'n D mmmrl *mn m C C000 w< CO) fn z mmi �0z m �nzm �0� M z ci nnz mwm = -�m z v cf) M m N 0 0 w 0 w CD N to 0 o' 0 N in i O 0 1 m n o x to H Indian River County Purchasing Division 1 800 27th Street Vero Beach, FL 32960 Phone (772) 5674000 Ext. 1416 Fax (772) 770-5095 ADDENDUM NO.2 Date. Date September 10, 2008 Project Name: 5th Street SW Bridge Replacement and Intersection Improvements Bid Number: 2008075 Bid Opening Date: October 8, 2008 at 2:00 pm *************This Addendum MUST be returned with your Bid************** All Bids must be received by the Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960 Prior to the Date and Time shown above. Late bids will be returned unopened. The above paragraph on previous Addendums state "All bids must be mailed to the Purchasing Division...... It should read "All Bids must be received by the Purchasing Division office located at 27th Street, Vero Beach, FL 32960 Prior to the Date and Time shown above:• Late bids be returned uriopened." We apologize for any inconvenience. Page 1 of 2 1800 will Company Name `�� L � a. � `' &n1 C&iUS/� Name: (Type / Printed) Title: I� Authorized Signature: _ _Ed,.�.,c�,- b�e�/G- Date: Telephone: '1'io�-S�I %' 3 /c�� Fax: 'A)J � Page 2 of 2 Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 Phone (772) 2264986 Fax (772) 770-5095 ADDENDUM NO.3 Date: October 2, 2008 Project Name: 50` Street SW Bridge Replacement and Intersection Improvements IRC Project No. 0206 Bid Number: 2008075 Bid Opening Date: The Bid Opening date October 8, 2008 at 2:00 pm is hereby amended to October 15, 2008 at 2:00 p.m. TO ALL PROSPECTIVE BIDDERS: TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED: This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements of the Contract Documents. Therefore, it hereby supersedes anything to the contrary in the Bidding Requirements or contract Documents. This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents. All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents. Questions received less than five days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All Bids must be received by the Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960 prior to the date and time shown above. Late bids will be returned unopened. Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. *************This Addendum MUST be returned with your Bid************** Page I of 3 F:lEngineeringl Capital Projects10206 5th ST SW & 43rd AVE Bridge Replacement & Roadway ImprovementslAddendum #3.doc GENERAL Public Entity Crimes: Have been removed from the Contract Documents, however on page 00310-8, paragraph 7.01 — C. Statement of Public Crimes, was inadvertently not deleted from this form. Please ignore this Statement. PRE-BID MEETING September 3, 2008 (Questions, clarifications, corrections and changes): Clarification / Correction: The Itemized Bid Schedule and Division 2 Technical Provisions in the Contract Documents and Specifications shall be amended by replacing the attached revised Itemized Bid Schedule and revised Division 2 Technical Provisions. Question 1. Is the intersection of 43`d Avenue and 5h Street SW intended to be widened with an overlay or reconstructed? Answer. The intersection is intended to be reconstructed. The plans were revised to clarify the intent. In addition, the plans and Itemized Bid Schedule were amended by including additional sheets showing a temporary road that is to be constructed during the reconstruction of the intersection. (See revised 43rd Avenue and 5th Street Roadway Widening Plans, Sheets 1, 11, 12, 13, 14, 15, 16, 17, 20, 55, 56, 57) Question 2. There are signal mast arm items indicated in the Itemized Bid Schedule under the Traffic Signal Section that are not indicated on the plans. Answer. The mast arms are intended to be included in the future, not part of this contract. The items were taken out of the Itemized Bid Schedule. Question 3. Line Item series 710 in the Itemized Bid Schedule should be series 711 for Thermo Plastic pavement markings. Answer. The pavement markings are intended to be thermo plastic. The line item series 710 were revised to series 711 (See revised Itemized Bid Schedule), Question 4. Line item 44041 50 UNDERDRAIN PIPE TYPE V, 4" SMOOTH quantity 1104 Linear Feet appears to be too high. Answer. The Plans and Itemized Bid Schedule were amended to indicate the correct length of piping. (See revised plans and revised Itemized Bid Schedule). Question 5. Provide more information on the cross sections for the canal Rubble Riprap installation. Answer. Sheet A5 of the 5th Street Bridge plans shows the general configuration of the rubble riprap installation. Sheets 27 and 28 of the 43rd Avenue and 5ffi Street Road widening plans show the existing cross sections of the canal. Page 2 of 3 F:IEngineeringl Capital projects10206 5th ST SW & 43rd AVE Bridge Replacement & Roadway ImprovementslAddendum #3.doc Question 6. Can 5t' Street SW west of 43rd Avenue be closed for the installation of the 48" RCP? Answer. There will be no 48" culvert crossing of 5h Street west of 43rd Avenue. The 48" RCP runs parallel to the road far enoup from the roadway to not require a road closure. Therefore, no road closure of 5h Street SW west of 43t Avenue will be permitted. Attachments. Itemized Bid Schedule, Revised 10-2-08 Division 2 Technical Provisions, Revised 10-2-08 Revised plans for 43rd Avenue and 50' Street SW, Roadway Widening, Sheets 1, 11,12, 13,14, 15, 16, 17, 20, 55, 56, 57 ADDENDUM NO.3 is submitted by Company Name Name: .E., Roadway Production Manager (Type / Printed) Authorized Signature: Telephone: ..J�f..J �► . . i a _�IS7q q �j /�� Fax: �� 6772 Page 3 of 3 F:IEngineeringl Capital Projects10206 5th ST SW & 43rd AVE Bridge Replacement & Roadway ImprovementslAddendum #3.doc BOARD OF COUNTY COMMISSIONERS November 4, 2008 Sheltra & Son Construction Co., Inc. Attn: Mr. Richard Sheltra 14911 SW Van Buren Ave Indiantown, FL 34956 Reference: Indian River County Bid No. 2008075 5'* ST SW Bridge Replacement and Intersection Improvements Dear Mr. Sheltra: • I am pleased to inform you that on November 4, 2008, the Board of County Commissioners awarded the above -referenced project to your company. The following documents are required before the applicable County department can issue a "Notice to Proceed" letter. 1. Performance Bond in the amount of 100% of the contract amount. (S 1,831,323.01) 2. Payment Bond in the amount of 100% of the contract amount. ($1,831,323.01) 3. Certificate of Insurance. must name Indian River County as an additional insured and must provide for a 30 day Notice of Cancellation. In accordance with section 255.05(1)(a), Florida Statutes, you are required to execute a Performance Bond and a Payment Bond for the above referenced project. Please submit the Bonds and the Certificate of Insurance to this office at the address provided below no later than November 18, 2008. Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award. In addition, enclosed are two (2) copies of the Agreement. PLEASE EXECUTE BOTH COPIES AND INSURANCE TO THIS OFFICE. Thank you for your prompt attention and if you have any questions, please do not hesitate to contact this office. Sincerely, 7L Davis, Purchasing Manager cc: Christopher J. Kafer, Jr., P.E., County Engineer, Engineering General Services Department• Purchasing Division 1800 27'h Street, Vero Beach, Florida 329609(772) 567-8000 Ext.1416•Fax: (772) 770-5140 E-mail: purchasing @ircgov.com SECTION 00520 = Agreement (Public Works) TABLE OF CONTENTS Title ARTICLE1 -WORK.................................................................................................................................2 ARTICLE2 - THE PROJECT..................................................................................................................2 ARTICLE3 — ENGINEER........................................................................................................................2 ARTICLE 4 - CONTRACT TIMES...,........ 8 .... 1.111.111,12 ARTICLE 5 no CONTRACT PRICE.,. "1 3 ARTICLE 6 - PAYMENT PROCEDURES.,.,..."....... 3 ARTICLE 7 - INDEMNIFICATION. ARTICLE 8 -CONTRACTOR'S REPRESENTATIONS......................................................................5 ARTICLE 9 - CONTRACT DOCUMENTS""...,.,..... oloolood ... 6 ARTICLE10 - MISCELLANEOUS.........................................................................................................7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] Agreement.doc 00520-1 F:\Purchasing\Bids\2007-2008 FY (2008000)\2008075 5th St SW and 43rd Ave Bridge ReplacementWgreement.doc SECTION 00520 = Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and 2Lr e.1+rzq., at (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 = WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The proiect will include the replacement of the 5th Street SW Bridge over the 43rd proposed intersection Improvements. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: 5th Street SW / 43rd Avenue Bridge Replacement and Intersection Improvements County Project Number: 0206 Project Address: 5th Street SW and 43rd Avenue, Vero Beach, Florida. ARTICLE 3 — ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents, ARTICLE 4 = CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Final Payment Agreement.doc 00520-2 F:\Purchasing\Bids\2007.2008 FY (2008000)\2008075 5th St SW and 43rd Ave Bridge Replacement\Agreement.doc A. The Work will be substantially completed on or before the 210 day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 240 day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,423.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $1,423.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 = CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.6, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:: Numerical Amount: Written Amount: ARTICLE 6 = PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents, 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in Agreement.doc 00520-3 FAPurchasing\Bids12007-2008 FY (2008000)12008075 5th St SW and 43rd Ave Bridge Replacement\Agreement.dac accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents, 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER 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 OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, Agreement.doc 00520-4 FAPurchasing\Bids\2007-2008 FY (2008000)\2008075 5th St SW and 43rd Ave Bridge Replacement\Agreement.doc shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. ARTICLE 7 = INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 = CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully 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, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions, E. CONTRACTOR 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 or 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 CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents, G. CONTRACTOR is aware 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 Contract Documents, H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Agreement.doc 00520-5 FAPurchasin9\B1ds\2007-2008 FY (2008000)\2008075 5th St SW and 43rd Ave Bridge ReplacementWgreerrent.doc Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9); 2. Performance Bond (pages 00610-1 to 00610-5); 3. Payment Bond (pages 00612-1 to 00612-5); 4. General Conditions (pages 00700-1 to 00700-46), 5. Supplementary Conditions (pages 00800-1 to 00800-8); 6. Specifications as listed in the table of contents of the Project Manual; 7. Drawings consisting of a cover sheet and sheets numbered 1 through 54, inclusive, with each sheet bearing the following general title: 43rd Ave @ 5th Street SW Drawings consisting of a cover sheet and sheets numbered 1 through 54, inclusive, with each sheet bearing the following general title: 5th Street SW Bridge over 43`d Avenue Canal. Drawings consisting of a cover sheet and sheets numbered 1 through 7, inclusive, with each sheet bearing the following general title: 43rd Ave C 5th Street SW, Tree Stump Removal 8. Addenda NONE 9. Appendices to this Agreement (enumerated as follows): Appendix A — Permits Appendix B - Best Management Practices Appendix C — As Built Record Survey Appendix D — Roadway Soil Survey Appendix E — Traffic Detour Map 10. Notice to Proceed (Page 1, inclusive) 11. CONTRACTOR'S BID (pages 1 to 9, inclusive) Agreement.doc 00520-6 F:\Purchasing\Bids\2007-2008 FY (2008000)\2008075 5th St SW and 43rd Ave Bridge Replacement\Agreement.doc 12. Bid Bond (pages 1 to 4, inclusive), Qualifications Questionnaire (page 1 to 4, inclusive), List of Subcontractors (page 1 inclusive). 13. Sworn Statement Under the Florida Trench Safety Act (pages 1 to 2, inclusive) 14. Sworn Statement Under Section 105.08, Relationships (pages 1 to 2, inclusive) Indian River County Code, on Disclosure of 15. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). 16. Contractor's Final Certificate of the Work (page 00632 —1 & 2 of the Specifications) ARTICLE 10 = MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue Agreement.doc 00520-7 FAPurchasing\BidM2007-2008 FY (2008000)\2008075 5th St SW and 43rd Ave Bridge ReplacemenAAgreement.doc A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either parry against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. [The remainder of this page was left blank intentionally] Agreement.doc 00520-8 FAPurchasing\Bids\2007-2008 FY (2008000)\2008075 5th St SW and 43rd Ave Bridge ReplacemenAAgreement.doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on November 4 , 2008 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: -- Wes ev S. Davis, ice- airman By: APPROVED AS TO FORM AND LEGAL S4UFUI Y: B, William G. Collins, II, County Attorney Jeffrey K. Barton, Clerk of Court Attest: (SEAL) Deputy Clerk Designated Representative: Name: Christopher J. Kafer, Jr.. P.E. Title: County Engineer 1801 27th Street Vero Beach, Florida 32960 (770) 567-8000, ext. 1221 Facsimile: (770) 772-9391 CONTRACTOR: By: -k- Attest tL;oniracior) (CORPORATE SEAL) - License No. ( r7rb1zp `f 3 `i n (Where applicable) Agent for service of process: I( I-t�f Desig Name Title:. (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) **END OF SECTION** Agreement.doc 00520-9 FAPurchasing\Bids\2007.2008 FY (2008000)\2008075 5th St SW and 43rd Ave Bridge ReplacemenhAgreement.doc SECTION 00550 = Notice to Proceed [Certified Mail -- Return Receipt Requested] _ TO: ADDRESS: Contract For: (BIDDER) (Insert name of Contract as it appears in the Contract Documents) Dated Project: 5th Street SW / 43rd Avenue Bridge Replacement and Intersection Improvements. OWNER's Contract No, 2008075 You are notified that the Contract Times under the above contract will commence to run on By that date, you are to start performing your obligations under the Contract Documents. The contract has allocated 240 days for the completion of this project. In accordance with Article 4 of the Agreement the date of Substantial Completion is 210 and the date of readiness for final payment is 240. Before you may start any work at the site, paragraph 2.05.0 of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insured) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: (add other requirements, if applicable) INDIAN RIVER COUNTY (OWNER) By: (AUTHORIZED SIGNATURE) (TITLE) END OF SECTION 00550 - Notice to Proceed REV 04-07 00550-1 F.\Engineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00550 - Notice to Proceed REV 04-07.doc Rev. 05/01 SECTION 00610 - Performance Bond 1959943 . THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS KNOW ALL MEN BY THESE PRESENTS: OF INDIAN RIVER COUNTY FL BK: 2304 PG:244Q Pags1 of 11 BY THIS BOND, we 11/21/2008 at 10:05 AM, SHELTRA & SON CONSTRUCTION CO., INC. JEFFREY K BARTON, CLERK OF COURT P, 0. BOX 336 INDIANTOWN, FLORIDA 34956 (772) 597-11 AQ as Principal (Contractor), (Insert name, principal business address, and telephone number of Principal/Contractor) and GREAT AMERICAN INSURANCE COMPANY 580 WALNUT STREET CINCINNATI, OHIO 45202 (800) 331-3379 a corporation, as Surety, (Insert name, principal business address, and telephone number of Surety) are held and firmly bound unto the County of Indian River, Florida, 1800, 27th Street, Vero Beach, Florida 32960, (772-567-8000)1 ONE MILLION, EIGHT HUNDRED THIRTY—ONE THOUSAND, in the sum of THREE HUNDRED TWENTY THREE AND o1 1nn-----_____ Dollars ($1,831,323.01), amounting to 100% of the total bid 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, dated the Lr"day of \0g:&A"a.r , 20 Al entered into between the Principal and the County of Indian River, for: Bond Number: 417 45 88 Project Name: 5'Fr Street SW / 43`d Avenue Bridge Replacement and Intersection Improvements. tato No. ZwO61075 County Project Number: 0206 Project Address: 5th Street SW and 43` Avenue, Vero Beach, Florida. Project Description: The prosect will include the replacement of the 5th Street SW Bridge the 43`d Avenue Indian River Farms Water Control District Canal. The work will include .. _ . —. _ . . A. rel 1 .. 1 1... .. Avenue adjacent to the proposed intersection Improvements. A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. 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, including all of the Contract Documents therein referred to and made a part thereof, and such alterations as may be made in the Contract Drawings and Specifications as therein provided for, and shall indemnify and save harmless the County of Indian River against and from all expenses, damages, injury or conduct, want of care of skill, negligence or default, including patent infringement on the part of the Principal, his agents or employees, in the execution or performance of said Contract, including errors in the Drawings furnished by the Principal, and further, if the Principal shall promptly make payments to all who supply him with 00610 - Performance Bond REV 04-07.doc 00610-1 CADocuments and Settings) oannU_ocal Settings\Temporary Internet Files%Content.OutlookWW4VKPNA\00610 - Performance Bond REV 04-07.doc labor and/or materials used directly or indirectly by the Principal in the prosecution of the Work provided for in said Contract, then this obligation shall be null and void; otherwise, the Principal and Surety, jointly and severally, agree to pay the County of Indian River any difference between the sum that the County of Indian River may be obliged to pay for the completion of said Work, by contract or otherwise, and any damages, whether direct, indirect, or consequential, including reasonable attorney's fees (including appellate proceedings), which the County of Indian River may incur as a result of the failure of the Principal to properly execute all of the provisions of the Contract. AND, the said Principal and Surety hereby further bind themselves, their successors, executors, administrators and assigns, jointly and severally, that they will amply and fully protect the County of Indian River against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same, or his agents or his servants, or the infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise. AND, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications or Drawings accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications or Drawings. AND, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. IN WITNESS VVHEREOF, the above bound parties executed this instrument under their several seals, this '�`' day of N t1g4N 1="*WO , 20.4, 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. [The remainder of this page was left blank intentionally] 00610 - Performance Bond REV 04-07.doc 00610-2 CADocuments and SettingsNoann%ocal SettingslTemporary Internet Files%Content.OutlookOW4VKPNA100610 - Performance Bond REV 04.07.doc WHEN THE PRINCIPAL IS A CORPORATION. i4' gJj Itite Secretary SHELTRA & SON CONSTRUCTION CO., INC. BY: (Affix Corporate S ;� C1 Printed Name69rV7� 0� Official Title V ��L-� A%Z 6/e CERTIFICATE AS TO CORPORATE PRINCIPAL r 6 , LPGE 114 4 I certify that I am the Secretary of the corporation . ameirt= s ; 5 Principal in the within bond; that 0uo00ho 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. 6r1qAv Attest: Secretary L. MITCHELL Secretary (SEA CD TO BE EXECUTED BY CORPORATE SURETY: Corporate Surety Business Address BY: AMERICAN I 580 WALNUT CINCIMAT (Affix Corporate SEAL) Attorney -In -Fact FRANCIS T. O' REARDON RESIDENT FLORIDA AGENT Name of Local Agency JOHNSON & COMPANY P. 0. DRAWER 672 Business Address ORLANDO, FLORIDA 32802 [The remainder of this page was left blank intentionally] 00610 - Performance Bond REV 04-07.doc 00610-3 C:%Documents and Setlings4oanntLocal Settings\Temporary Internet Files\Content.OutlooMDW4VKPNAW0610 - Performance Bond REV 04-07.doc STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared FRANCIS T. O' REARODN , to me well known, who being by me first duly sworn upon oath, says that he is the attorney-in-fact for the (MEAT AMERICAN mst)RANCE and that he has been authorized by GREAT AMERICAN INSURANCE CCWANY to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this 14TH day of NOVEMBER , 20 08 ry Public, State of Florida My Commission Expires: JULY 12, 2009 Joann H. Bebout = Commission # DD406298 ;Expires July 12, 2009 ��1,•,ri�� Bonded Troy Fain - Insurance, Inc. 800.385.7019 * * END OF SECTION * * 00610 - Performance Bond REV 04-07.doc 00610-4 CADocuments and Settingsyoannlocal Settings\Temporary Internet FileslContent.OutlooMDW4VKPNA%DWIO - Performance Bond REV 04-07.doc GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513423-2740 The number of persons authorized by this power of attorney is not more than THREE POWER OF ATTORNEY No. 0 18509 —7 6 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in- fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power TODD L. JOHNSON ALL OF ALL FRANCIS T. O'REARDON ORLANDO, FLORIDA $751000,000 JOANN H. BEBOUT This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 7TH day of FEBRUARY 1 2008 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KiTCHuv (513-412-4502) On this 7TH day of FEBRUARY 2008 , before me personally appeared DAVID C. KITCHIN, to me known. being duly sworn, deposes and says that he resides in Cincinnati. Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Divisional President, the Divisional Senior Vice President, the several Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute oil behalf of the Company, as surety, anv and all bonds, undertakings and contracts of suretyship, or otter written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke anv such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature gf any of the aforesaid gfficers and any Secretary or Assistant Secretary of the Company may be affixed by,facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION' 1, RONALD C. HAYES. Assistant Secretary of Great American Insurance Company, do hereby certify that the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this I q�" s1029w (stoz) day of t\7 `4c1M. art ; zc)% bregoingeI'o Rt,A�tomey and the 'J� �� • mow/ • . � / � • �•! W t' r.<'= "V10:en 09,N%N SECTION 00612 - Payment Bond KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we SHELTRA & SON CONSTRUCTION CO., INC. Pa Oa BOX 336 INDT NTOWN, FLORIDA 14956 (772) 597-3180 as Principal (Contractor), (Insert name, principal business address, and telephone number of Principal/Contractor) and GREAT AMERICAN INSURANCE COMPANY 580 WALNUT STREET CINCINNATI OHIO 45202 (800) 331-3379 a corporation, as Surety, (Insert name, principal business address, and telephone number of Surety) are held and firmly bound unto the County of Indian River, Florida, 1800, 27th Street, Vero Beach, Florida 32960, (772-567-8000), ONE MILLION, EIGHT HUNDRED THIRTY—ONE THOUSAND, in the sum of THREE HUNDRED TWENTY—THREE & 01/100------..--- Dollars ($ 1, 831,323.01), amounting to 100% of the total bid price. For the payment of said sum we bind ourselves, our heirs, executors, administrators and assi ns, jointly and severally, for the faithful performance of a certain written Contract, dated the day of 2015�k, entered into between the Principal and the County of Indian River, for: Bond Number: 417 45 88 Project Name: 5 Street SW / 43`d Avenue Bridge Replacement and Intersection Improvements. $%o IAe. QdQ 0'15 County Project Number: 0206 Project Address: 5 1 H Street SW and 43" Avenue, Vero Beach, Florida. Project Description: The project will include the replacement of the 5`n Street SW Bridge over the 43rd Avenue Indian River Farms Water Control District Canal. The work will include improvements to the 5th Street SW / 43`d Avenue Intersection associated with the bridge replacement. The project will also include tree stump removal along the west side of 43`d Avenue adjacent to the proposed intersection Improvements. A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly make payments to all claimants, as herein below defined, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions: 1. A claimant, as defined in Florida Statutes Section 255.05(1), supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution 00612 - Payment Bond REV 04-07.doc 00612 - 1 C:\Documents and SettingsyoannV ocal Settings\Temporary Internet Files\Content.Outlook\DW4VKPNA\00612 - Payment Bond REV 04-07.doc Rev. 05/01 of the Work provided for in the Contract. 2. Florida Statutes Section 255.05 (2002), as amended from time to time, together with all notice and time provisions contained therein, is incorporated herein in its entirety by this reference. The Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or to the Specifications 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. The Surety represents and warrants to the County of Indian River that it has a Best's Key Rating Guide, General Policyholder's rating of "A" and Financial Size Category of Class "X". The Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Final Completion as established on the Certificate of Final Completion as issued by the County of Indian River. The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that the County of Indian River sustains because of a default by the Principal under the Contract. [The remainder of this page was left blank intentionally] 00612 - Payment Bond REV 04-07.doc 00612-2 C:lOocuments and SettingsVoannlLocal Settings\Temporary Internet Files\Content.OutlookM)W4VKPNAWW12 - Payment Bond REV 04-07.doc Rev. 05/01 IN WITNESS V�(HEREOF, the af�ove bound parties executed this instrument under their several seals, this '�'day of JZ n%jevolame , 20 A, 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. [The remainder of this page was left blank intentionally] 00612 - Payment Bond REV 04-07.doc 00612-3 C:%oocuments and Sellingsyoann%Local Settingsuemporary Internet Files%Cont@nLOuUooklDW4VKPNA%OW12 - Payment Bond REV 04-07.doc Rev. 05101 WHEN THE PRINCIPAL IS A CORPORATION: n Name of Corporation S TRA & SON CONSTRUCT BY: I o .., i. � coo , IATC . (Affix Corporate SFAI� aNII4. 4C.'. Q Printed Name r rnew3 Official Titlex, CERTIFICATE AS TO CORPORATE PRINCIPAL I , certify that I m the Secretary of the corporation name as rincipal in the within bond; that ,who signed the said bond on behalf of the Principal was then 1 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. Secretary (SEAL) [The remainder of this page was left blank intentionally] 00612 - Payment Bond REV 04-07.doc 00612-4 CADocuments and Settingsyoannlocal Settings\Temporary Internet Fibs%Content.OutlooklDW4VKPNAVM12 - Payment Bond REV 04-07.doc Rev. 05101 TO BE EXECUTED BY CORPORATE SURETY: Attest: Secretary L. MITCHELL STATE OF FLORIDA COUNTY OF INDIAN RIVER Corporate Surety GREAT AMERICAN Business Address BY: Attorney -In -Fact 580 WA.LNurr,-: CINCINNAt (Affix Corporate SEAL) FRANCIS T. O'REARDON RESIDENT FLORIDA AGENT Name of Local Agency Business Address JOHNSON & COMPANY P. 0. DRAWER 672 . •ii • i y fY�4 6 b f ^ ORLANDO, FLORIDA 32802 Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared FRANCIS T. O' REARDON , to me well known, who being by me first duly sworn upon oath, says that he is the attorney-in-fact for the GREAT AMMICAN INSURANCE CCHPANv VVIVand that he has been authorized by GREAT AMERICAN INSURANCE COMPANY to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this 14TH day of NOVEMBERGoo , 20 08 N My Commission Expires: JULY 12, 2009 Public, State of Florida * * END OF SECTION * * Joann H. Bebout Commission # DD406298 "o w Expires July 12, 2009 :Opt INP Bonded Troy Fain • Insurance, Inc. 8003857019 00612 - Payment Bond REV 04-07.doc 00612 - 5 C:1Documenls and SettingsyoannU.ocal Settings\Temporary Intemet Files%ContenLOutlook%DW4VKPNA\00612 - Payment Bond REV 04-07.doc Rev. 05101 y GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513=723=2740 The number of persons authorized by this power of attorney is not more than THREE No.0 18509 —77 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in- fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name TODD L. JOHNSON FRANCIS T. O'REARDON JOANN H. BEBOUT Address ALL OF ORLANDO, FLORIDA Limit of Power ALL $75,0001000 This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 7TH day of FEBRUARY 4 2008 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (513-412-4602) On this 7TH day of FEBRUARY 2008 before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Divisional President, the Divisional Senior Vice President, the several Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety; arty and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective dirties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of arty of the aforesaid officers and arty Secretary or Assistant Secretary of the Companv may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation: in rite nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such of and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES. Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. 710 • ��. wy Ji t� e Signed and sealed this Ike" S1029W (6/07) day of N iN QAD�bR N.. cf.. TM CERTIFICATE OF LIABILITY INSURANCE MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 11/14/20 s' PRODUCER (407)843-1120 FAX (407)843-5772 Johnson & Company 801 N Orange Avenue 9 Suite 510 Orlando, FL 32801 ADD'L THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE POLICY EFFECTIVE NAIC # INSURED SHELTRA & SON CONSTRUCTION CO. INC. P 0 Box 336 Indiantown, FL. 34956 INSURER A: CONTINENTAL CAUALTY COMPANY 20443 INSURER B: GREAT AMERICAN INSURANCE CO. 16691 INSURER C: BRIDGEFIELD CASUALTY INSURANCE C0. 10701 INSURER D: DAMAGE TO RENTED MED EXP (Any one person) INSURER E: $ 5 1 00 CnVFRAnFA THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR U283452599 08/01/2008 08/01/2009 EACH OCCURRENCE $ 110009000 DAMAGE TO RENTED MED EXP (Any one person) $ 1009000 $ 5 1 00 PERSONAL & ADV INJURY $ 19000,000 A X X CONTRACTUAL GENERAL AGGREGATE $ 2 1 000 j 00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICYFX PRO LOC JECT ED PRODUCTS - COMP/OP AGG $ 290009000 AUTOMOBILE LIABILITY X ANY AUTO BUA 1015877916 08/01/2008 08/01/2009 COMBINED SINGLE LIMIT (Ea accident) $ 190009000 A X ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ THAN EA ACC $ ANY AUTOOTHER $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY X OCCUR D CLAIMS MADE TUU 0330054 00 UMBRELLA FORM 08/01/2008 08/01/2009 EACH OCCURRENCE $ 590009000 AGGREGATE $ 5 , 000 , 00 $ 510009000 B DEDUCTIBLE $ $ X RETENTION $ 10100 WORKERS COMPENSATION AND 196-06150 08/01/2008 08/01/2009 WC srnrIT orH- C EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. EACH ACCIDENT $ 500, 00 E.L. DISEASE - EA EMPLOYE $ 500 , 00 E.L. DISEASE - POLICY LIMIT $ 500 , 000 A OTHR ONWRACTORS EQUIPMENT PECIAL FORM TCP 1015877902 08/01/2008 08/01/2009 DEDUCTIBLE 2% INCLUDING RENTAL EQUIPMENT $200,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: 5th STREET SW BRIDGE REPLACEMENT AND INTERSECTION IMPROVEMENTS NDIAN RIVER COUNTY BID NO. 2008075 INDIAN RIVER COUNTY, FLORIDA SHALL BE AN ADDITIONAL INSURED. INDIAN RIVER COUNTY, FLORIDA 1801 27TH STREET VERO BEACH, FL 32960 ACORD 25 (2001/08) FAX: (772)226-1221 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Francis T. O'Reardon/BPOTTS Tom-- 90 OACORD CORPORATION 1988 SECTION 00622 - Contractor's Application for Payment.doc Application for Payment No. For Work Accomplished through the period of through To: Indian River Countv (OWNER) From: (CONTRACTOR) Contract: Project: OWNER's Contract No, ENGINEER's Contract No. ENGINEER 1: Original Contract Price: 2. Net change by Change Orders and Written Amendments (+ or 3. Current Contract Price (1 plus 2): 4. Total Work to date: 4.a Percentage of Work completed to date: % 4.b Total Work completed to date: $ 4.c Total equipment and material stored to date: $ (1) 4.d Total Work completed and stored to date: (4.b plus 4.c) 5. Retainage (per Agreement): 5.a 10% of completed Work (0.10 x 4.b): 5.b 20% of stored equipment and material (0.20 x 4.c): 5.c Total Retainage (5.a plus 5.b): 6. Total Work completed and stored to date less retainage (4.d minus 5.c): 7. Previous Payments: 8. AMOUNT DUE THIS APPLICATION (6 MINUS 7): (1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: 2. Net change by Change Orders and Written Amendments (+ or 3. Current Contract Price (1 plus 2): 4. Total completed and stored to date: 5. Retainage (per Agreement): of completed Work: of stored material: Total Retainage: 6. Total completed and stored to date less retainage (4 minus 5): 7. Less previous Application for Payments: - 80 DUE THIS APPLICATION (6 MINUS 7): .' 00622 - Contractor's Application for Payment REV 04-07 00622-1 F:\Engineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00622 - Contractor's Application for Payment REV 04-07.doc Rev. 05/01 CONTRACTOR'S CERTIFICATION. UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied on account to discharge CONTRACTOR's legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective and (4) If this Periodic Estimate is for .a Final payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by No. 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Dated By: State of County of Subscribed and sworn to before me this day of Notary Public My Commission expires: (CONTRACTOR) CERTIFICATION OF ARCHITECT OR CONSULTING ENGINEER (WHERE APPLICABLE): I certify that I have checked and verify the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it is a true and correct statement of the work performed and/or material supplied by the Contractor. Dated (ARCHITECT / ENGINEER) SIGNATURE CERTIFICATION OF ENGINEER/ INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. It is my opinion that this statement of work performed and/or materials supplied is accurate, that the Contractor is observing the requirements of the Contract, and that the Contractor should be paid the amount requested above. Dated (ENGINEER/INSPECTOR) SIGNATURE Accompanying Documentation: [The Remainder of Page Intentional Left Blankl 00622 - contractors Application for Payment REV 04-07 00622-2 FAEngineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00622 - Contractor's Application for Payment REV 04-07.doc Rev. 05101 .a d d 'G C. y E L Q lw UN C � 45 � C O R a z •� L C G Cl) a 0 ds C d � ae d � IL o v C O W a a 0 0 v d R O NO R E R 0 W V �L a C .O E C�NMd to COIF o00)Oc-NMS L�COhCO�O�N ca z 0 0 z u z O n 0 v 0 w c d E, d o c 0 m U Q Q Q U) t O U 9 C O U N co 0 0 U � U E O O 'o O L F-LL0d L .a d d 'G C. y E L Q lw UN C � 45 � C O R a z •� L C G Cl) a 0 ds C d � ae d � IL o v C O W a a 0 0 v d R O NO R E R 0 W V �L a C .O E C�NMd to COIF o00)Oc-NMS L�COhCO�O�N ca z 0 0 z u z O n 0 v 0 w c d E, d o c 0 m U Q Q Q U) t O U 9 C O U N co 0 0 SECTION 00630 =Certificate of Substantial Completion Date of Issuance: 2008 OWNER: Indian River County CONTRACTOR- Contract: ONTRACTORContract: Project: 5h Street SW / 43rd Avenue Bridge Replacement and Intersection Improvements. OWNER's Contract No. ENGINEER'S Project No.0206 CONTACT FOR: (Insert Name of Contract as it appears in the Bid Documents) This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To: And T OWNER CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. 00630 - Certificate of Substantial Completion REV 04-07 00630-1 F:\Engineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00630 - Certificate of Substantial Completion REV 04-07.doc The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents. Executed by ENGINEER on: (Date). ENGINEER: By: (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on (date). CONTRACTOR: By: (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on (date). OWNER: INDIAN RIVER COUNTY By: (Authorized Signature) * * END OF SECTION * * 00630 - Certificate of Substantial Completion REV 04-07 00630-2 FAEngineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BIO\00630 - Certificate of Substantial Completion REV 04-07.doc SECTION 00632 - CONTRACTOR'S FINAL CERTIFICA' OF THE WORK (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) STATE OF _ COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths, comes- , who on oath says: That he is the CONTRACTOR with whom Indian River County, Florida, a political subdivision of said state, did on the day of --20., enter into a contract for the performance of certain work, more particularly described as follows: UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth. Affiant further says that: 1. CONTRACTOR has reviewed the Contract Documents, 2. CONTRACTOR has reviewed the Work for compliance with the Contract Documents. 3. CONTRACTOR has completed the Work in accordance with the Contract Documents, 4. All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. 5. The Work is complete and ready for final acceptance by the OWNER. 6. CONTRACTOR hereby certifies that it has no claims against the OWNER. 00632-1 FAEngineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00632 - Contractor's Final Certification REV 04-07.doc Subscribed and sworn to before me this Notary Public State of Florida at Large My Commission expires: (Corporate Seal) (Contractor) By: day of , 20 + + END OF SECTION + + 00632-2 FAEngineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00632 - Contractoes Final Certification REV 04-07.doc SECTION 00634 = PROFESSIONAL SURVEYOR AND MAPPER'S CERTIFICATION AS TO ELEVATIONS AND LOCATIONS OF THE WORK (TO BE COMPLETED BY A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER RETAINED BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) I CERTIFY that I am a Florida Professional Surveyor and Mapper retained by: (Insert name of CONTRACTOR) Who is the CONTRACTOR for the following Project: PROJECT NAME: INDIAN RIVER COUNTY PROJECT # I FURTHER CERTIFY that. I have personally performed the survey work for the preparation of Record Drawings for the CONTRACTOR for this project or that such work was performed under my direct control and supervision. I FURTHER CERTIFY that all constructed elevations and locations of the Work are in conformance with the Contract Documents, except for discrepancies listed below. [Attach additional sheets as necessary] (SURVEYOR'S SEAL) CERTIFIED BY: Printed Name. Florida Professional Surveyor and Mapper Registration Number: Date Signed and Sealed by Professional Surveyor and Mapper: Company Name: Company Address: Telephone Number: 00634 - Professional Surveyor and Mapper's certification as to Elevations and Locations of the Work REV 04-07 00634 - 1 FAEngineering\Capital Projects\0206 6th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT 6113\00634 - Professional Surveyor and Mappers certification as to Elevations and Locations of the Work REV 04-07.doc Rev. 06/01