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8 . � qlrl CONTRACT DOCUMENTS AND SPECIFICATIONS FOR THE ENCLAVE SUBDIVISION BID NO . 2009019 PROJECT NO . 0816 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 JOSEPH A . BAIRD , COUNTY ADMINISTRATOR JEFFREY K . BARTON , CLERK OF COURT WILLIAM G . COLLINS , II , COUNTY ATTORNEY JAMES W . DAVIS , P . E . , PUBLIC WORKS DIRECTOR CHRISTOPHER J . KAFER , JR . , P . E . , COUNTY ENGINEER 00001 - Project Title Page - REV 04-07 . doc 00001 - 1 FAEngineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00001 - Project Title Page - REV 04-07 .doc TABLE OF CONTENTS Section No . Title VOLUME 1 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- 1 Bid Package Contents 00310 Bid Form & Itemized Bid Schedule 00430 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 00010 - 1 FAEngineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave. doc\00010 - Table of Contents - REV 04-07 . doc DIVISION 1 - GENERAL REQUIREMENTS DIVISION 2 - TECHNICAL PROVISIONS + + END OF TABLE OF CONTENTS + + 00010-2 F :\Engineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave .doc\00010 - Table of Contents - REV 04-07 .doc SECTION 00100 - Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 1801274h Street, Vero Beach, Florida 32960 � gtVE� ORt Telephone : ( 772 ) 567 - 8000 FAX : ( 772 ) 778 - 9391 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2 : 00 PM on Wednesday , November 12 , 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 " Bid For Indian River County Project #0816 The Enclave Subdivision " . 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 NO. 0816 INDIAN RIVER COUNTY BID NO. 2009019 PROJECT DESCRIPTION: The project will consist of the completion of the remaining improvements in The Enclave Subdivision. These improvements will include but not necessarily be limited to utilities, paving, drainage, grading, landscaping and irrigation work. 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/Engineering Division , 1801 27th Street , Vero Beach , Florida , 32960 , (772 ) 226- 1283 . Copies of the plans and specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Indian River County, in the amount of $ 100. 00 for each set, which represents cost of printing and handling, which is non refundable . All bids shall be submitted in duplicate on the Bid Proposal forms provided within the specifications . A BID SECURITY 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 certified check or cashier' s check on any bank authorized to do business in the State of Florida , in the sum of not less than Five Percent i,' 5%1 of the total amount 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 time frame set by the County . If Bidder fails to do so , 00100 - Advertisement for Bids Rev 04-07 .doc 00100 - 1 F:\Engineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00100 - Advertisement for Bids Rev 04-07.doc the Bid Security shall be 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 judgement , will serve the best interest of Indian River County , Florida . The County will not reimburse any Bidder for bid preparation costs . INDIAN RIVER COUNTY By : Jerry Davis Purchasing Manager For Publication in the Vero Beach Press Journal Date : October 17 . 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 . doc 00100 - 2 F :\Engineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00100 - Advertisement for Bids Rev 04-07.doc SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No . - Title Paae ARTICLE1 - DEFINED TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS " , , , . , , , , , , , , , , , , , , 1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA, ANDSITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 5 - PRE - BID CONFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . 4 ARTICLE 6 - SITE AND OTHER AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 7 - INTERPRETATIONS AND ADDENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE8 - BID SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 9 - CONTRACT TIMES . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 10 - LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE 11 - SUBSTITUTE AND " OR- EQUAL" ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE13 - PREPARATION OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 14 - BASIS OF BID ; EVALUATION OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE15 - SUBMITTAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE17 - OPENING OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE19 - AWARD OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE , , . , . . . , . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 21 - SIGNING OF AGREEMENT . . . . . . . . . . . . . . . . . . . a & a 0 0 & * * 2 0 0 . . . . . . . . . . . . . . . . . . . . d . . . . . . . . . . . . . 10 ARTICLE 22 - SALES AND USE TAXES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 23 — PUBLIC ENTITY CRIMES STATEMENT . . , . , . , . . . . , . . . . . . . " I . . . . . . . . . . . . . . . . . . . 1 . 10 ARTICLE 24 - CONTRACTS TO BE ASSIGNED . . , . , . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE 25 - PARTNERING . . . . . . . . . . . . . . . . . a 0 . . . . . . . . . . . . . . . . . . . a a 9 . . . . . . . . . 11 00200 - Instructions to Bidders REV 04-07 . doc 00200 - i F:\Engineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00200 - Instructions to Bidders REV 04-07.doc SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) Subject Article Award of Contracts . . , . 1110116011 . . . . . . . . . . . . . . . . 19 Basis of 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 . . , . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . " I ' ll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Copies of Bidding Documents . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . seess . , . 6 . . . . . . . . . . . . . . . . . . 2 DefinedTerms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Examination of Bidding Documents , Other Related Data , and Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Interpretationsand Addenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Liquidated Damages . . . . . . . . . . . . I . . . . . . see I . . . . . . . . . . . 10 Modification and Withdrawal of Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . 16 Openingof Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Partnering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Pre- Bid Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Preparationof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Public Entity Crimes Statement . I I . . . . . . 0 . . . . . . . . . see . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Qualificationsof Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Salesand Use Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Signingof Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Siteand Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Subcontractors , Suppliers and Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Submittalof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Substitute or " Or- Equal " Items . . . 1 . 1 . . . . eggs . . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . M . . . . . . . . . . . . . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - ii F:\Engineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00200 - Instructions to Bidders REV 04-07 .doc NOW 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 years' experience 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 . 00200 - Instructions to Bidders REV 04-07. doc 00200 - 1 R\Engineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 E . Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located . 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 , if any , 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 ) , if any, 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 as part of the original land development plans . 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 . 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 . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 2 FAEngineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 low 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 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 (Jack Jolly . , P . E . 772-226- 1697 ) , 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 This paragraph has been deleted intentionally. 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 (Jack Jolly, P . E . (772 ) 226- 1697) 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 ; 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 00200 - Instructions to Bidders REV 04-07.doc 00200 - 3 F:\Engineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00200 - Instructions to Bidders REV 04-07.doc Rev. 05101 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 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 00200 - Instructions to Bidders REV 04-07.doc 00200 - 4 F:\Engineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 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, correct , or change the Bidding Documents as deemed advisable by OWNER or ENGINEER . ARTICLE 8 - BID SECURITY 8 . 01 A Bid must be accompanied by Bid security made payable to OWNER in the amount specified in the Bid Form and in the form of a certified or bank check or an AIA Document A310 Bid Bond . All Bonds shall be executed by such sureties as are named in the current list of " Com- panies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Accept- able 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 forfeited . 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 completed and ready for final payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10 . 01 Provisions for liquidated damages , if any, are set forth in the Agreement. 00200 - Instructions to Bidders REV 04-07 .doc 00200 - 5 FAEngineedng\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 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 . 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 . 00200 - Instructions to Bidders REV 04-07.doc 00200 - 6 F:\Engineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 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 (whose 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 . 13 . 08 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 . 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 . 00200 - Instructions to Bidders REV 04-07. doc 00200 - 7 F:\Engineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 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 other 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 , 1800 27th 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 . 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 00200 - Instructions to Bidders REV 04-07 .doc 00200 - 8 FAEngineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00200 - Instructions to Bidders REV 04-07.doc Rev. 05101 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 . 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 Is 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 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 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 9 FAEngineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00200 - Instructions to Bidders REV 04-07 .doc Rev. 05/01 the Successful Bidder delivers the executed Agreement to OWNER , it must be accompanied by such Bonds , unless the Bonds 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 . ARTICLE 22 - SALES AND USE TAXES 22 . 01 OWNER is exempt from Florida state sales and use taxes on materials and equipment to be incorporated in the Work . Exemption No . 85-8012622034C-3 . Said taxes shall not be included in the Bid . Refer to paragraph 6 . 10 of the Supplementary Conditions for additional information . ARTICLE 23 — PUBLIC ENTITY CRIMES STATEMENT 23 . 01 Pursuant to Florida Statutes Section 287 . 133 (2 )(a ) , all Bidders are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid , proposal , or reply on a contract to provide any goods or services to a public entity ( defined as the State of Florida , any of its departments or agencies , or any political subdivision ) ; may not submit a bid , proposal , or reply on a contract with a public entity for the construction or repair of a public building or public work ; may not submit bids , proposals , or replies on leases or real property to a public entity ; may not awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287 . 017 for CATEGORY TWO [currently $25 , 000] for a period of 36 months from the date of being placed on the convicted vendor list . A " public entity crime" means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States , including , but not limited to , any bid , proposal , reply , or contract for goods or services , any lease for real property , or any contract for the construction or repair of a public building or public work , involving antitrust , fraud , theft , bribery, collusion , racketeering , conspiracy, or material misrepresentation . 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 10 FAEngineering\Special Projects\Enclave Subdivisionzontract Documents\Contract Documents\The Enclave.doc\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 ARTICLE 24 - CONTRACTS TO BE ASSIGNED 24 . 01 This Section intentionally left blank . ARTICLE 25 - PARTNERING 25 . 01 This Section intentionally left blank . * * END OF SECTION 00200 - Instructions to Bidders REV 04-07 . doc 00200 - 11 FAEngineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 SECTION 00300 - Bid Package Contents THIS PACKAGE CONTAINS : SECTION TITLE SECTION NUMBER Bid Form 00310 Bid Bond 00430 Sworn Statement on Disclosure of Relationships 00452 Sworn Statement Under the Florida Trench Safety Act 00454 General Information Required of Bidders 00456 List of Subcontractors 00458 SUBMIT TWO (2 ) COPIES OF THIS COMPLETE PACKAGE WITH YOUR BID * * END OF SECTION 00300 - Bid Package Contents - REV 04-07. doc 003001 F:\Engineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00300 - Bid Package Contents - REV 04-07.doc SECTION 00310 - Bid Form PROJECT IDENTIFICATION : Project Name : The Enclave Subdivision County Project Number: 0816 Project Address : 5910 65 Street Project Description : The project will consist of the completion of the remaining improvements in The Enclave Subdivision . These Improvements will include but not necessarily be limited to utilities , paving , drainage , grading , landscaping and Irrigation work . 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 . Addendum Date Addendum Number b Y� � 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. 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 00310 - Bid Form REV 04-07.doc 00310 - 1 F.%EngheehnglSpedel ProjectslEndave SubdivisionZontrad DoeumentsZontrad DocumentalThe Endave.doc100310 - Bld Form REV 04.07.doc Rev. 05116/01 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.doc 00310 - 2 F \Engineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00310 - Bid Form REV 04-07.doc Rev. 05/16/01 5 .01 Bidder shall complete the Work in accordance with the Contract Documents for the price(s) contained in the 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 . C . 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 . 13 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 jef tj gOA)d Be A tabulation of Subcontractors , Suppliers [and other] individuals and entities required to be identified in this Bid ; C . Sworn Statement under Section 105.08 , Indian River County Code , on Disclosure of Relationships ; D . Sworn Statement Under the Florida Trench Safety Act; E . General Information Required of Bidders; F . List of Subcontractors ; and G . (List other documents as pertinent) . 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 . 00310-3 - Bid Form REV 04-07. doc FAEngineering\Special Projects\Enclave Subdtvislon\Contract Documents\Contract Documents\The Enclave.doc\00310 - Bid Form REV 04-07.doc SUBMITTED on NO \/ 2 , 20ffe State Contractor License No . If Bidder is : An Individual Name (typed or printed ): By: (SEAL) (Individual's signature) Doing business as : Business address : Phone No . : FAX No . : A Partnership (SEAL) Partnership Name : By: (Signature of general partner -- attach evidence of authority to sign) Name (typed or printed ) : Business address : Phone No . : FAX No . : A Corporation L _ SEAL Corporation Name : `� 4' m) ( ) State of Incorporation : Type ( ne I Business , Pr fessional , Service , Limited Liability): By: , (Signature - attach evidence of authority to sign) Name (typed or printed ): /1'01 � A k Title : i e.. N� (CORPORATE SEAL) Attest (Signature of Corporate Secretary) Busigess address: f S - � ✓ N ,� I,G /� /V nod N W .. FAX No . ya > 3 phone No . . Date of Qualification to do business is 00310 - Bid Form REV 04-07.doc 00310 - 4 FAEngineedng\Spedei projeds\Endeve SubdlNsfon\Contmd Dacuments\Control Documents\The Endsve.dod=10 - Bid Forth REV 04-07.doc Rev. 05/16/01 A Joint Venture Joint Venture Name : (SEAL ) By: (Signature of joint venture partner -- attach evidence of authority to sign) Name (typed or printed ) : Title : Business address : Phone No . : FAX No . : Joint Venture Name : ( SEAL ) By: (Signature -- attach evidence of authority to sign) Name (typed or printed ) : Title : Business address : Phone No . : FAX No . : Phone and FAX Number, and Address for receipt of official communications : ( Each joint venturor must sign . The manner of signing for each individual , partnership , and corporation that is a party to the joint venture should be in the manner indicated above . ) 00310 - Bid Form REV 04-07 . doc 00310 - 5 F:\Engineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00310 - Bid Form REV 04-07.doc Rev. 05/16/01 ITEMIZED BID SCHEDULE The Enclave Su division Bidders Name : 9, 17A ra, � DAl Item No. Description Unit Quantity Unit Price Amount . . .: . . . . . . . . . . r.: . . .: . .: . . . ! V.N: . . . ti K'r:.}:.:•:tiY:•}:•:•:•}:1{..ti'}:.}:..{•:•:•:•M1:V:.! � }}:4{{NV. f:.4•.\:•F• � } •; �.. .. .:. . . . • . . . . . . . . . . . . . . . . . . . .:: •::N . . . \ {: • • 11 ff• •Y . J. ••1N•4M1 dN• Y.{.�;{ .'N' }! • . . • . y. .l;r . • . . . . . ..:.::}}:.t::r::.:}:':. . 1:: . ; . .. r. :. : •:••• frly :h .VM1 QVfff• • l.�rN:XNN:.4V:fr✓:✓.Y.14W:rl. . .K ✓. :• ! r.M1 f: .K•.Y4K . . � • N. .M1 . /. N.Vf..1 •a.141YN}:{{{{.}}': V • • • V• • y::J :'r •rrhV:1 •Jr • •• • . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r:J:::. . . .: :.::•:.:• •.!:::'J.:4{•:} :.V /J. :• f.YNr. ::.u•.v:r• .VMJI.VrX1:r1::l.Y.V.•r•!M1•:::N# •r • . . . KVM1 •KM1M1S.NKM1K : • �M1.M1YT .4WJ.•. f.KV• M LiVr.wV1fN•4V: .. r '41.4YfA;Yry.; . f. . r. . . . . • . M . Nff::.4V.M1KKV:.Y: • . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. :,v.•}.4,rn;M14v'Y3;.} :{n1}M1:{?•Y.'%^:?;11.M1Y:�.}V:::.M14•,•N.y •.\4vJ:rf}. •.:•. v:.4•: .rn, M1vr. rr:. .M1vr::nM1Y.}y;} ly4;;ymr.4•.Yr::.K•::.K•::...Y:::::n. .::::.Y::-• ::::• •::::�.;;.:;: . . }. . . h . ..}•v.. w f;;t 4,v,. ;. N,.}4: :. . ?.4 .} . ;ti{.}.v,.}4;•;•:.}}}•.Y::.v:::{{:1:.}•:::�:::r}:.}}}i:u.:•ii}}}:.:.:}'. 101 -1 MOBILIZATION LS 1 '- 102-1 MAINTENANCE OF TRAFFIC LS 104- 13 STAKED SILT FENCE LF 3760 • ' ! :/ 0 r i 110- 1 CLEARING & GRUBBING LS 1 1 000 6 r, , ®Cp , I575-1 SODDING BAHIA SF 2556 © 334-7 SUPERPAVE 1 IN, SP-9 . 5 SY 960 � �• o � 960® °O p a 522 CONCRETE SIDEWALK 4 INCH THICK SY 2180 • © 6 � � e � 120-6 FILL CY 2197 t7o / 7 7 UT- 1 UTILITY POLE RELOCATION EA 1 3 �� dd J��, UT-2 MANHOLEADJUSTMENT EA 1 +� ©� e ��� • � BUF 1 CANOPYTREE EA 13 1570r BUF 2 UNDERSTORY TREE EA 6 ` ©d . 00 b0. BUF 3 SHRUB EA 26 ` �, 5� 9©, o 60 IR 1 IRRIGATION SYSTEM LS 1 j ✓�� , `"'O 520- 1 CONCRETE CURB-MOD , MIAMI LF 50 527- 1 DETECTABLE WARNINGS ON WALKING SURFACES EA 2 5/ 00 l FA 1 FORCE ACCOUNT LS 1 10 000. 00 `'�10 000. 00 TOTAL BID AMOUNT ` TOTAL BID AMOUNT IN WORDS IF, o ajU LS = Lump Sum LF = Linear Foot ED = Each Day CY = Cubic Yard SY = Square Yana TN = Ton EA = Each SF = Square Foot AS = ASSEMBLY SUMMARY - ITEMIZED BID SC EC CW S, t iia PROJECTNAME: TTAe w aAd !JIS 0) BIDDER'S NAME : S c1 SaN rb ;k< ..... ........M�!\.\.dro1.111nnnme .h*%Thn FnMl m .inrt\.Cnorbl PmiwYa Ito 17P.d Rid ISMAdUIP 1 SECTION 00430 AIA DOCUMENT A310 BID BOND The Contractor shall use the document form entitled "AIA Document A310 Bid Bond " . + + END OF SECTION ++ 00430- 1 F :\Engineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave . doc\00430 - AIA Document A310 Bid Bond REV 8-08 .doc THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we SHELTRA & SON CONSTRUCTION CO . , INC . P • 0 . BOX 3362 INDIANTOWN , FLORIDA 34956 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and GREAT AMERICAN INSURANCE COMPANY 580 WALNUT STREET , CINCINNATI , OHIO 45202 (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 full name anress or OF COUNTY COMMISSIONERS , 1801 27TH ST . , VERO BEACH9 FLORIDAd addtitle or owner) 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) BID N0 . 20099019 — THE ENCLAVE SUBDIVISION PROJECT NO . 0816 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 12TH day of NOVEMBER M 2008 SHE TRA & SON CONSTRUCTION CO . INC . (Printf (Seal) (Witness) ( t/e) rr�Jld GREAT AMERICAN INSURANCE CO eal) (Witness) 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 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 0 513=369-5000 • FAX 513-723=2740 The number of persons authorized by this power of attorney is not more than THREE RNEY No. 0 18509 - 74 KNOW ALL MEN BY THESE PRESENTS: That the PGREAT WER 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. TODD L. JOHNSON Name Address Limit of Power ALL OF FRANCIS T. O' REARDON ALL JOANN H . BEBOUT ORLANDO, FLORIDA $759000,000 This Power of Attorney revokes all previous powers issued in behalf of the attorneys)-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-Fac•t 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 theregF 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 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 fficer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though me original affixed. o 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 12TH day of NOVEMBER 2008 S1029w (6/07) SECTION 00452 = Sworn Statement under Sect. 105. 08 Indian River County Code on Disclosure of Relationships THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . This sworn statement is submitted with Bid , Proposal or Contract No . ADO 9 01 9 for The Enclave Subdivision , 1 . This sworn statement is submitted by: ! A %t aw,4 s'p,y Ge.) _1., r 0s) C. , (Name of ntity s mitting sworn staent) whose business address is : I ] �A_� LAN /� U e Allow '� and (if applicable) its Federal Empl yer Identification Number ( FEIN ) is Rrl '.. I2 . Mynameis AR .d <k e. ] 7'R tri. (Please print name of individual signsgg) and my relationship to the entity named above is /�R P,S % r P, 3 . 1 understand that an "affiliate" as defined in Section 105 . 08 , Indian River County Code , means : The term "affiliate " includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in I the management of the entity. 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, father-in-law, mother-in- law, daughter-in-law, son-in-law, brother4n4aw, sister-in-law, step- father, 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 .] 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 . The entity submitting this sworn statement, or one or more of the officers , directors , executives , partners , shareholders , employees , members , or agents who are active in management of the entity have the following relationships with a County Commissioner or County employee . 00452 - Disclosure of Relationships REV 04-07.doc 00452 - 1 FAEnWnmdna%SpecW Proleds\Endave subdMslonlconbzd Document\Contract Document\The Endave.dadOD452 - Diadosure of Relationships REV 04-07.doc Name of Affiliate Name of County Relationship or Entity Commissioner or employee 1 . 2 . 3 . 4. 5 . 6 . 7. 8 . (signature) N0V ► IQQK (date) STATE OF ` COUNTY OF Personally appeared before me , the undersigned authority, '�R i C11 " s )e�l it� who after first being sworn by me , affixed his/her signature in the space provided above on this day of NQ1 Y1 (3 P� , 20DB 0 e.. 011oryy Notary ublic, State at large My Commission Expires : * * END OF SECTION 00452 - Disclosure of Relationships REV 04-07 .doc 00452 - 2 FAEngineering\Spedal ProjectMEndave Subdivlalon\Contract Documents\Contract Documents\The Endave.doc\00452 - Disdosure of Reladonships REV 04.07.doc 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 . 0816 for The Enclave . r� 2 . . This Sworn Statement is submitted by �rJ ,�� ` rpr (Legal Name of Entity Submitting Sworn Statement) hereinafter " BIDDER" . The BIDDER's address is _ BIDDER 's Federal Employer Identification Number ( FEIN ) is - 3 . My name is1 C1� �R e��i� and my relationship to the BIDDER //�� ( rint N me o Individual Signing) is !'P ES.; eATr (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 sea 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 . 6 , The BIDDER has allocated and included in its bid the total amount of $ � , 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 P 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 , 7 ) The BIDDER has allocated and included in its bid the total amount of $ 04* coo 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 : 00454 - Florida Trench Safety Act - REV 04-07 .doc 00454 - 1 FAEngineering\Special ProjectAEndeve SubdivialonZontract Documents\Contract Documents\The Enclave.doc\00454 - 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. BIDDER : By: Position or Title : ?%XJd 6# Date : AM/ 12 n $ STATE OF inr ` COUNTY OF n Personally appeared before me , the undersigned authority, who after first being sworn by me , affixed his/her signature in the space provided above on this _ day of QVeJ"A Ike,!` , 20 a a LWIci Notary Public, State at large My Commission Expires : * * END OF SECTION 00454 - Florida Trench Safety Act - REV 04-07 .doc 00454 - 2 FAEngineering\special Projects\Endeve Subdlvislon\contred Documents\Contrad DocurnwWThe Endow.doc\00454 - Florida Trench Safety Ad - REV 04.07.doc SECTION 00456 - QUALIFICATIONS QUESTIONNAIRE 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 : 0816 Project Name : The Enclave Subdivision 1 . Bidder's Name / Address : iv G e c vN S 2 , Bidder's Telephone & FAX . Numbers : ?707 " SQ '? - 3 / d' D 9 #2a - sg � � y%2 13 3 . Licensing and Corporate Status . a . Is Contractor License current? Yez b . Bidder's Contractor License No : C6C /5'4 93 93 [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 . 4 . Number of years the firm has performed business as a Contractor in construction work of the type involved in this contract: .3 d 5 . What is the IgIst pr ct OF THIS NATURE that the firm has completed ? 6 . Has the firm ever failed to complete work awarded to you? � [ 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? W [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? -�-= [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 . ] 00456 - Qualifications Questionnaire - REV 04-07.doc 00456 - I FAEnglneedng%Spedal ProjecWlEndave Subdiviaion\Contract Documenh\Cantract DocumenteWhe Endave.docW0456 - QuallOcations Questionnaire - REV 04-07.doc 1 . Spoil Pile within 2 feet of edge of trench . 2 . No ladder in Trench 3 . Trench wall steeper than 1j to 1 . All items correct at time of inspection . 9 . Has the firm ever been charged with noncompliance of any public policy or rules? AID _ [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 statement and other information} that documents the firm 's fin ncial strength and history. �TAp/ i AkCV ' 1,D1' Ai ed( Luvt., w i 1l Al- a vld o FIS. 11 . Has the firm ever defaulted orf any of its projects? AID _ [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 : /C"Ir h s �t c,_ Date of Inspections : A a v 0 14. Name of on-site Project Foreman : Bk o ce Number of years of experience with similar projects as a Project Foreman : L� 15 . Name of Project Manager: ;:rd4#v Al" TwIc, I Number of years of experience with similar projects as a Project Manager: 16 . What is the firm 's bonding capacity? t U 0 J [The remainder of this page was left blank intentionally] 00456 - Qualifications Questionnaire - REV 04..07.doc 00456 - 2 F:\Englneering\Spedal Pro)ects\Endave Subdivision\Contract DocunwWContract Documentffhe Endeve.doc\00456 - Qualiflcauons Quea6onnelre - REV 04-07.doc [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 co ctor. By: (Si atureAcf,4 ,1 Ad ) Sk ewt � ,O Y ( Posit on or Title ) IV * * END OF SECTION ( Date ) 00456 - Qualifications Quesbonnalre - REV 04-07.doc 00466 - 1 FAEngineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enotave.doc\00456 - Qualifications Questionnaire - REV 04-07.doc 16 . Complete the following table for SIMILAR projects : Date Contact Person : Name Original Contract Final Contract Name of Project Completed Owner and Telephone Number Amount Amount 00456 - Qualifications Questionnaire - REV 04-07.doc 00456 - 1 FAEngineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00456 - Qualifications Questionnaire - REV 04-07 .doc [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 contractor. ] By: ( Signature ) ( Position or Title ) ( Date ) * * END OF SECTION 00456 - Qualifications Questionnaire - REV 04-07 . doc 00456 - i F:\Engineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00456 - Qualifications 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 . 0816 for The Enclave Subdivision . Work to be Performed Subcontractor's Name/Address 1 . i 2 . 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.doc 00458 - 1 FAEngineering\Special ProjectskEndave Subdivision\Contract Documents\Contract DocumenU\The Endave.doc\00458 - List of Subcontractors REV 04-07.doc BOARD OF COUNTY COMMISSIONERS � VER *FLORIDP Month Day, 2008 VIA OVERNIGHT DELIVERY Persons Name Vendor name Vendor address City/State, Zip NOTICE OF AWARD Reference : Indian River County Bid # Project Name : The Enclave Subdivision Dear Mr. , I am pleased to inform you that on XXX , 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 . ($XXXX . 00) 2 . Payment Bond in the amount of 100 % of the contract amount. ($ XXXX. 00) 3 . Certificate of Insurance . must name Indian River County as an additional insured and must provide for a 30 day Notice of Cancellation . 4 . Agreement, execute the enclosed two (2) copies . In accordance with section 255 . 05 ( l ) (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 Date XX, 2008. Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award . Enclosed are two copies of the Agreement. Please execute both copies and return them together with the required bonds and Certificate of Insurance to the Purchasing Office . Thank you for your prompt attention and if you have any questions , please do not hesitate to contact our office . Sincerely, Jerry Davis , Purchasing Manager cc : Project Engineer ' s name , Department General Services Department • Purchasing Division 180027 1h Street, Vero Beach, Florida 329609(772) 567-8000 Ext. 1416•Fax : (772) 770-5140 E-mail: purchasing @ircgov.com 1 00510 - Notice of Award REV 04-07.doc F:\Engineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00510 - Notice of Award REV 04-07.doc SECTION 00520 = Agreement ( Public Works) TABLE OF CONTENTS Title Page ARTICLE1 - WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 2 = THE PROJECT . . . . . . . . . . . , I ' ll , . . . . . . . . . . . . . . . 11 @a sood ' some 112 ARTICLE3 — ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 4 - CONTRACT TIMES . . . . 01 * 04 so * , 10 * 00 , 000 * 1080 99 * 00410418 00 , 0110 estate * @ 12 ARTICLE 5 an CONTRACT PRICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 6 - PAYMENT PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . go . . . . . . 098 , 86 . . . . 3 ARTICLE 7 = INDEMNIFICATION . . . , . , . . so . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 8 = CONTRACTOR' S REPRESENTATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 9 an CONTRACT DOCUMENTS . . . , . . . . . . . . . . . . 3 ARTICLE10 an MISCELLANEOU5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 00520 - Agreement ( Public Works) REV 04-07.doc 00520 - 1 CADocuments and Settings\mmclaughlin\Local Settings\Temporary Internet Files\OLK1A\00520 - Agreement (Public Works) REV 04.07.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 Sheltra & Son Construction Co . Inc . ( 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 project will consist of the completion of the remaining improvements in The Enclave Subdivision . These improvements will include but not necessarily be limited to utilities , paving , drainage , grading , landscaping and irrigation work 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 : The Enclave Subdivision County Project Number: 0816 Project Address : 5910 65th Street 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 Final Completion and Final Payment A. The Work will be substantially completed on or before the 90th 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 120th day after the date when the Contract Times commence to run . 00520 - Agreement (Public Works ) REV 04-07. doc 00520 - 2 F:\Engineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00520 - Agreement (Public Works) REV 04-07.doc 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 $ 100 . 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 $ 100 . 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: $ 72 ,498 . 20 Written Amount : Seventy two thousand four hundred ninety eight dollars and twenty cents 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 accordance with 00520 - Agreement (Public Works) REV 04-07 .doc 00520 - 3 F:\Engineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00520 - Agreement (Public Works) REV 04-07.doc 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 , shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds . 00520 - Agreement ( Public Works) REV 04-07.doc 00520 - 4 CADocuments and Settings\mm iaughlin\Local Settings\Temporary Internet Files\OLK1A\00520 - Agreement (Public Works) REV 04-07.doc 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 . Be 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) , if any, 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 Contract Documents , and all additional examinations , investigations , explorations , tests, studies , and data with the Contract Documents . 00520 - Agreement (Public Works) REV 04-07.doc 00520 - 5 CADocuments and Settings\mmclaughlin\Local Settings\Temporary Internet Files\OLK1A\00520 - Agreement (Public Works) REV 04-07.doc 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 1 to 8 , inclusive ) ; 2 . Performance Bond ( pages 1 to 5 , inclusive ) ; 3 . Payment Bond ( pages 1 to 5 , inclusive ) ; 4 . General Conditions ( pages 1 to 45 , inclusive ) ; 5 . Supplementary Conditions ( pages 1 to 8 , inclusive ) ; 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 15 , and L- 1 inclusive , with each sheet bearing the following general title : The Enclave . 8 . Addenda ( numbers _ 0 to 0, inclusive ) ; 9 . Appendices to this Agreement (enumerated as follows ) : None needed . 10 . Notice to Proceed ( Page 1 , inclusive ) 11 . CONTRACTOR' S BID ( pages 1 to 6 , inclusive ) 12 . Bid Bond ( page 1 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 , Indian River County Code , on Disclosure of Relationships ( pages 1 to 2 , inclusive ) 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 ; 00520 - Agreement (Public Works) REV 04-07 .doc 00520 - 6 F:\Engineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00520 - Agreement (Public Works) REV 04-07.doc 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 A . This Contract shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other parry 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] 00520 - Agreement (Public Works) REV 04-07.doc 00520 - 7 CADocuments and SettingsVnniclaughlin\Local Settings\Temporary Intemet Files\OLK1A\00520 - Agreement (Public Works) REV 04-07.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 Deombw 16 , 2006 (the date the Contract is approved by the Indian River County Board of County Commissioners , which is the Effective Date of the Agreement) . OWNER : CONTRACTOR : INDIAN RIVER COUNTY , �' (�� Tla Wesley S. is , Chairman (Contractor) - 11 =(CRA SEAL) e kr . Ba+ rti� County Adm istrator - Attest APPROVED ' AS 0� FORM AND LEGAL SUP. Willfliam Y; t . By G . Collins , II , County Attorney Aridreas for givin notices : Jeffrey K. Barton , Clerk of Court License No . dLGr� Attest : `-� (Where applicable) Deputy Clerk (SEAL) Agent for service of process : Designated Representative : Name : Christopher J . Kafer, Jr. , P . E . Designad R resent ivp . Title : County Engineer Name : 1801 27th Street Title : Vero Beach , Florida 32960 A 3 :3 3 (o (772 ) 226- 1221 Facsimile : (772) 778-9391 Phone : '7 Facsimile : "') 9% ftzA — ( If CONTRACTOR is a corporation or a partnership , attach evidence of authority to sign . ) o * * END OF SECTION * * 00520 - Agreement ( Public Works) REV 04-07.doc 00520 - 8 CADocuments and SettingsVrxnclaughlin\Local Settings\Temporary Internet Files\OLK1A\00520 - Agreement (Public Works) REV 04-07.doc SECTION 00550 - Notice to Proceed Dated [Certified Mail -- Return Receipt Requested ] TO : ( BIDDER) ADDRESS : Contract For: The Enclave Subdivision ( Insert name of Contract as it appears in the Contract Documents ) Project : OWNER's Contract No . 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 days for the completion of this project . In accordance with Article 4 of the Agreement the date of Substantial Completion is and the date of readiness for final payment is 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 .doc 00550 - 1 FAEngineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00550 - Notice to Proceed REV 04-07.doc Rev. 05/01 1968433 THIS DOCUMENT HAS BEEN SECTION 00610 - Performance Bond RECORDED IN THE PUBIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2313 PG :2469, Pagel of 12 KNOW ALL MEN BY THESE PRESENTS : 01 /09/2009 at 02:48 PM , BY THIS BOND , we JEFFREY KBARTON , CLERK OF COURT SHELTRA & SON CONSTRUCTION COOS INC * 14911 SW VAN BUREN AVENUE INDIANTOWN , FLORIDA 34956 �Cg ' or 31g 0 as Principal ( Contractor) , ( insert name , principal business address , and telephone number of Principal/Contractor) and GREAT AMERICAN INSURANCE COMPANY 580 WALNUT STREET Q1 CINNATIs OHIO 45202 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 , 1801 27th Street , Vero Beach , Florida 32960 , (772-567-8000) , in the sum of SEVENTY-M THOUSM , FOM BMRED NDM�IICHT & 20 / 100 Dollars ( $ 72 , 498 . 20 ) amounting to 100% of the total bid price. For the payment of said sum we bind ourselves , our heirs, executors , administrators and assigns , jointly an severally, for the faithful performance of a certain written Contract, dated the �Vsday of 201 , entered. into between the Principal and the County of Indian River, for: Bond Number: 417 - 45 - 90 BSO 4Jo . Project Name : The Enclave Subdivision - a00P101 c� County Project Number: 0816 Project Address : 5910 65th Street Project Description : The project will consist of the completion of the remaining improvements in The Enclave Subdivion . These improvements will include but not necessarily be limited to utilities , paving , drainage , grading , landscaping and irrigation work. 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 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 00610 - Performance Bond REV 04-07.doc 00610 - 1 PkEngineering%Spedal ProjedsXEnclavo Subdlvlslon\Contract Documents%Conlract Documents%The Endava.doc100510 - Performance Bond REV 04-07.doc 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 Final Completion as established on the Certificate of Final Completion as issued by the County of Indian River. IN WITNESS WHEREOF , the above bound parties executed this instrument under their several seals , this -.D7V#A da1% .0 a , 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. WHEN THE PRINCIPAL IS AN INDIVIDUAL: Signed , sealed and delivered in the presence of. Witness Signature of Individual Address Printed Name of Individual Witness Address +kfr.,r*k**Nr**,r**,r*******,!-k**,t****«a*+N.*****. F*�#r,rwr**,i.�***w*MF#*i,►.F**« F«�+.tMr«k,M�^kt,M1r« It*,►,.*******#«,k,r*,r,r*,k** [The remainder of this page . was left blank intentionally] 00610 - Performance Bond REV 04-07.doc 00610 - 2 P.%Engineedng%$pedei ProjeM%ndeve su"%ieioMcontraat Mcumenta\Contract OocumentalThe Endave.doWM10 - Performance Bond REV 04.07.doc WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME: Signed , sealed and delivered in the presence of: Witness Name of Partnership BY: Address Partner Printed Name of Partner Witness ( SEAL) Address WHEN THE PRINCIPAL IS A PARTNERSHIP : Signed , sealed and delivered in the presence of: Witness Name of Partnership BY: Address Partner Printed Name of Partner Witness ( SEAL) Address [The remainder of this page was left blank intentionally] 00810 - Performance Bond REV 04-07.doc 00610 - 3 F:\Englneadmg%Spedal Pro]eM%Endave SubdMWon\Contract DowmentACwhvd Dmrnent the Endeve:do600810 - Performw=e Bond REV 04-07.dx WHEN THE PRINCIPAL IS A CORPORATION : I e t: Secretary Name of Corporation S ELT & SON ONSTRUCTION CO . , INC . x;.r i#t • t �at4 r 4- - BY: i- - a w M' YY'' (Affix Corporate /'t 7 <F ,� // ,,/ e ms • �. t Printed Name /� r ^ ; , `,�dd , Official Title mos / '" f' t x 1 � ? , 1 r .. �� '" + ilii it� EYt k,: IIN ''r" . . CERTIFICATE AS TO CORPORATE PRINCIPAL °r• I r ri c Q %,Sbe, 14)ncerlt, ' y that I e S retary of the corporation named as Principal in the within bond ; that , who signed the said bond on behalf of the Principal was then of said corporation : that F know his signature , and his signature thereto is genuine; and that said Bond was duly signed ," , igned „ sealed �, and attested for and an behalf of Said corporation by authority of Its governing body. h r ,� ti .l a, Fi , 4 ♦F lc Secretary (SEA* > . K TO BE EXECUTED BY CORPORATE SURETY: p r< ; �' ' �,'� '; Attest : vr�, GREAT AMERICAN INSURANCE COMPANY " ry T LL JOHNSON Corporate Surety IF 580 WALNUT STREET ; ro, ; � «. �; ' ger Secreta L . a, . , ,, 0 . Business Address CINCINNATI OHIO 52Ay VRFlV t ' • ir? (Af ix corporate 1jMjyJ, . i Volt . 13 Aftomey- In-Fact FRANCIS T . O ' REARDON AND RESIDENT FLORIDA AGENT W"' } Name of Local Agency JOHNSON & COMPANY P . Oe DRAWER 672 Business Address ORLANDO , FLORIDA 32802 [The remainder of this page was left blank intentionally] 00610 - Performance gond REV 04-07.doc 00610 ,& 4 F1Eng ftdnglSpedal Pmjects\Endeve.subdlvislonlCbntrad DowmentMontrect Dowmpnts\The Endave.doc100610 - Performance Bond REV 04-07.dx STATE OF FLORIDA COUNTY OF INDIAN RIVER 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 AMERICAN INSURANCE CQnd that he has been authorized by THEM to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida . Subscribed and sworn to before me this 22ND day of DECEMBER , 20 08 Notary Public, State of Florida My Commission Expires : JULY 12 , 2009 lot ► Y., v , Joann H . Bebout .. ,� Commission # DD406298 Expires i es July , 260049 104F �`` Some7019 * * END OF SECTION 00610 - Perfbnnance Bond REV 0"7.doc 00610 - 5 F.�npineerinQZPedat PmjecWTndeve SubdMslon\Contract DowmeMs%Contraot Doeu wWThe Endays.dodOD610 - Perfarmance Bond REV 04-07.doc SECTION 00612 - Payment Bond KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND , we SHELTRA & SON CONSTRUCTION CO . , INC . 14911 SW VAN BUREN AVENUE INDIANTOWN . FLORIDA 34956 as Principal (Contractor), ( 772 ) 597 - 3180 (Insert name , principal business address, and telephone number of Principal/Contractor) and GREAT AMERICAN INSURANCE COMPANY 580 WALNUT STREET CINCINNATI OHIO 45202 a corporation , as Surety, ( 800 ) 331 - 3379 ( Insert name , principal business address , and telephone number of Surety) are held and firmly bound unto the County of Indian River, Florida , 1801 , 27th Street, Vero Beach , Florida 329601 ( 772-567-8000) 1 in the sum of SEVETWO THOUSAND a FOUR HLNEM EI(E1T & 20/ 100 Dollars ($ 72 9498 a 20 ) , amounting to 100 % of the total bid price . For the payment of said sum we bind ourselves , our heirs , executors , administrators and assign , jointly anc severally , for the faithful performance Ik of a certain written Contract, dated the (gay of ,�lr�� o �-- � , 20 03 , entered into between the Principal and. the County of Indian River, for: Bond Number: 417 - 45- 90 Project Name : The Enclave Subdivision County Project Number: 0816 Project Address : 591065 inStreet Project Description . The project will consist of the completion of the remaining improvements in The Enclave Subdivision . These improvements will include but not necessarily be limited to utilities , paving , drainage , grading , landscaping and irrigation work 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 voids 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 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 . 00612 - Payment Bond REV 0"7.doe 00612 = 1 F:1Enatneerina%ftedal PrdedMEndave SubdlvisloMCordred Documents\Connect Documents%Tbe Endave.doc100612 - Pevment Bond REV 04-07.doc Rev. 05101 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 F:%Eng1newinjASpW4W Pro"NEndow SubdMsionTDT&ad Dxunxnts\Contr d Doeumentsttrie Enaieve.dod=612 - Payment Bond REV 04*07.doc Rev. D5101 IN WITNESS WHEt' EOF, th above bound parties executed this instrument under their several seals, this _ �� day of , 20.! ,, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative , pursuant to authority of its governing body. t***wrrw*ww+r,tr***w,t*,r*,tww*ww**w,r*w**ww*t**wwwr.,tr***,tw.t*+,t,►+r*www+wwww**,rww*t**,�w**www,r*,art**+.w* ,r**w,rww,t*w*ww**w WHEN THE PRINCIPAL IS AN INDIVIDUAL" Witness Signature of Individual Address Printed Name of Individual Witness Address wwwwwwwwwwwwwwwwwwwwwwwwwwar,t*w*w*,t*wwwww,Www.wwwwwwwwwwwwwwwwwwa*,twwwwwwwwwww*wwawwwwwwwwwwww,�ww*ww,rwww**w**w * WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME : Signed , sealed and delivered inthe presence of: Witness Name of Partnership BY: Address Partner Printed Name of Partner Witness (SEAL) Address wwwww**w*www*wwwwwwwwwws.,kwwwww#wwwwwwwww*w*w+rwwwwwwwww ,twwarwwwwwww;rntwww+wwww*wwwwwwwwwwww*,twwwwwar+*w,twwwwwwww [The remainder of this page was left blank intentionally 00612 - Payment Bond REV 04-07-doc 00612 - 3 F: 4neerin0pedai ProjectalEndeve SubdMalonkeontrad Dowments%Cootract DopmsgtalThe Endave.doc\oosl2 - Payment Bond REV 1E 04-07.doc Rev. 05/01 WHEN THE PRINCIPAL IS A PARTNERSHIP : Signed , sealed and delivered in the presence of: Witness Name of Partnership BY: Address Partner Printed Name of Partner . Witness ( SEAL) - Address WHEN THE PRINCIPAL IS A. CORPORATION : Aft t: SHELTRA & SON . CONSTRUCTION CO . , INC . :,-+ +>. ' AW,a Secretary Name of orporation " , Li � °° ?�+ a BY Y , Ila 4 . • . (Affix Ci% e-I Off rs ¢"• >~ - wa. Of Printed Name ,, O � � �Li Official Title • =h� .d CERTIFICATE AS TO CORPORATE PRINCIPAL 1 , ert' that ljeuq t e Se retary of the corporation named as Principal in the within bond ; that , who signed the said bond on behalf of the Principal was then of said corporation : that I know his signature; and his signature thereto is genuine; and that said Bond"` .9 duly signed , sealed and attested for and on behalf of Said corporation by authority of It s F � ' - e �B.A . 4 .�f• SecretaryA (SEAL) f, �� r Tls ',' [The remainder of this page was left blank intentionallvl rte ' +C.if lo f Nil r jr r f '�'•iiiai, I , 1 � 'q 00612 - Payment Bond REV 04-07.doc 00612 - 4 F:1ngln"dng4SpecW Pro)ede�Enolave SubdlvlelonlContrad m Dom entsZontract Docunwus\The Endave.docW0612 . Payment Bond REV 04 07 doc Rev. 05/01E TO BE EXECUTED BY CORPORATE SURETY: Attest: , r a. ti• r }: GREAT AMERICAN INSURANCE COMPANY � SecretarySurety .1 •r '� " L . tche Johnson Corporate 580 WALNUT STREET Business Address CINCINNATI o • - . . . r, {, : , .. vli BY: • 1` far f ( y • (Affix Corporate SEAQ asp. ♦�,as ., ,..• r� 'W � , F., "dw la Attorney-In- Fact FRANCIS T . O ' REARDON 4 AND RESIDENT FLORIDA AGENT Name of Local Agency JOHNSON & COMPANY P . 0 . DRAWER 672 Business Address ORLANDO , FLORIDA 32802 STATE OF FLORIDA COUNTY OF INDIAN RIVER 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 attomey-in-fact for the GREAT AMERICAN INSURANCE COMPANY and that he has been authorized by THEM . to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida . Subscribed and sworn to before me this 22ND day of DECEMBER 20 08 9 Notary Public; State of Florida My Commission Expires: JULY 12 , 2009 RJoann H . Bebout . , Commission # D0406298 • ;� Expires July 12 , 2009 Sondod Troy Frain • inwrnnw, Ine, /00~019 * * END OF SECTION 00612 - Payment Bond REV 04-07.doc 00612 - 5 FAEnp1r»erin9%SPadW ProjeetalEnda" S,rbd1Mon%Contmd DocumerdAContrect Dockjnw t %The EndaVe.doc=612 - Payment Bond REV 04-07.doc Rev. 05101 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 No . 0 18509- 96 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 Address Limit of Power TODD L. JOHNSON ALL OF ALL FRANCIS T. O'REARDON ORLANDO, FLORIDA $759000 , 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 , 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 authoiiiy 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 Companv 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 :'"` I , RONALD C. HAYES . Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power df ;Shp are now in full force and effect Resolutions of the Board of Directors of March 1 , 1993 have not been revoked and l fi af, A,z,� Signed and sealed this day of 4t.. ..r s . r M • N;s yF-, S1029W (6/07) y. .ta ACORD,-M CERTIFICATE OF LIABILITY INSURANCE 12/22/20 s' PRODUCER (407) 843 - 1120 FAX (407 ) 843 - S772 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Johnson & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 801 N Orange Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 510 Orlando , FL 32801 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERX- CONTINENTAL CAUALTY COMPANY 20443 SHELTRA & SON CONSTRUCTION CO . INC . INSURER B: GREAT AMERICAN INSURANCE CO . 16691 P 0 Box 336 INSURERc: BRIDGEFIELD CASUALTY INSURANCE 0110 10701 Indiantown , FL . 34956 INSURER D: INSURER E: COVERAGES 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 DD'NqRr TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDIYYI DATE IMMIDDIM LIMITS GENERAL LIABILITY U2834S2S99 08/01/2008 08/01/2009 EACH OCCURRENCE $ 11000900 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100 , 00 CLAIMS MADE FqOCCUR MED EXP (Any one person) $ S , OO A X X CONTRACTUAL PERSONAL & ADV INJURY $ 190009000 GENERAL AGGREGATE $ 29000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 200009000 POLICY FXj JEC LOC AUTOMOBILE LIABILITY BUA 1015877916 08/01/2008 08/01/2009 COMBINED SINGLE LIMIT (Ea accident) $ X ANY AUTO 100009000 ALL OWNED AUTOS BODILY INJURY $ (Per person) A X SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY TUU 0330054 00 08/01/2008 08/01/2009 EACH OCCURRENCE $ S , 000 , OO X OCCUR 7 CLAIMS MADE UMBRELLA FORM AGGREGATE $ S , 000 , 00 B $ S9000900 RXDEDUCTIBLE $ RETENTION $ 109000 $ WORKERS COMPENSATION AND 196 - 061 SO 08/01/2008 08/01/2009 1 we sTATU- oTH- EMPLOYERS' LIABILITY E. L. EACH ACCIDENT $ 5009000 C ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E. L. DISEASE - EA EMPLOYE $ 5009000 N yea, describe under E. L. DISEASE - POLICY LIMIT $ 500 , OO SPECIAL PROVISIONS below OTHER EQUIPMENT TCP 1015877902 08/01/2008 08/01/2009 DEDUCTIBLE 2% A PECIAL FORM INCLUDING RENTAL EQUIPMENT $ 200 , 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E : THE ENCLAVE SUBDIVISION , 5910 65TH STREET NDIAN RIVER COUNTY BID NO . 0816 NDIAN RIVER COUNTY , FLORIDA SHALL BE AN ADDITIONAL INSURED . CERTIFICATE HOLDER CANCELLATION 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, INDIAN RIVER COUNTY , FLORIDA BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1801 27TH STREET OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. VERO BEACH , FL 32960 AUTHORIZED REPRESENTATIVE Francis T . O ' Reardon BPOTTS ��• -•-� ACORD 25 (2001 /08) FAX : ( 772) 226 - 1221 ©ACORD CORPORATION 1988 SECTION 00622 - Contractor's Application for Payment Application for Payment No . For Work Accomplished through the period of through To : Indian River County ( 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 : 8 . DUE THIS APPLICATION 6 MINUS 7) :- - 00622 : 00622 - Contractor's Application for Payment REV 04-07.doc 00622 - 1 F:\Engineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00622 - Contractor's Application for Payment REV 04-07.doc Rev. 05101 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 ( CONTRACTOR) By : State of County of Subscribed and sworn to before me this day of Notary Public My Commission expires : 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 : fThe Remainder of Page Intentional Left Blankl 00622 - Contractor's Application for Payment REV 04-07 .doc 00622 - 2 F:\Engineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00622 - Contractor's Application for Payment REV 04-07 .doc Rev. 05/01 To : Indian River County ( OWNER) From : ( CONTRACTOR) Contract: Project: Bid Schedule Percent Material Amount Completed Item Unit Price Estimated Of Values Quantity Amount Complete Quantity Completed NStored and Stored No , Amount 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 , 11 . 12 , 13 . 14 . 15 . 16 , 17 . 18 , 19 , 20 . 21 , 22 . TOTAL AMOUNT [Note: Total Schedule of Values Amount should equal the current Contract Price .] * * END OF SECTION 00622 - Contractor's Application for Payment REV 04-07 .doc 00622 - 1 FAEngineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00622 - Contractors Application for Payment REV 04-07.doc Rev. 05101 SECTION 00630 - Certificate of Substantial Completion Date of Issuance : 20 OWNER : Indian River County CONTRACTOR - Contract: Project : OWNER' s Contract No . ENGINEER's Project No . 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 OWNER And To , 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 .doc 00630 - 1 FAEngineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\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 .doc 00630 - 2 FAEngineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00630 - Certificate of Substantial Completion REV 04-07.doc SECTION 00632 = CONTRACTOR' S FINAL CERTIFICATION 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 saidstate tate to administer oaths , comes 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\Special Projects\Enclave Subdivision\Contract Documents\Contract Doc uments\The Enclave .doc\00632 - Contractor's Final Certification REV 04-07.doc ( Corporate Seal ) ( Contractor) By: Subscribed and sworn to before me this _ day of , 20 Notary Public State of Florida at Large My Commission expires : + + END OF SECTION + + 00632-2 FAEngineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00632 - Contractor's Final Certification REV 04-07.doc SECTION 00634 - PROFESSIONAL SURVEYOR AND OF THE WORK CERTIFICATION AS TO ELEVATIONS AND LOCATIONS (TO BE COMPLETED BY A FLORIDA PROFESSIONALSURVEYOR AND FINALAPPLICATIONCA ION ER RETAINED FOR BY THE CONTRACTOR AND TO ACCOMPANY 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 : The Enclave Subdivision INDIAN RIVER COUNTY PROJECT # 0816 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 .doc 00634 - 1 FAEngineering\Special Projects\Enclave Subdivision\Contract Documents\Contract Documents\The Enclave.doc\00634 - Professional Surveyor and Mappees Certification as to Elevations and Locations of the Work REV 04-07.doc Rev. 06101 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute Copyright ©1996 National Society of Professional Engineers 1420 King Street, Alexandria , VA 22314 American Consulting Engineers Council 1015 15th Street N .W . , Washington , DC 20005 American Society of Civil Engineers 345 East 47th Street, New York , NY 10017