Loading...
HomeMy WebLinkAbout2008-26010th CONTRACT DOCUMENTS AND SPECIFICATIONS FOR 1St ROAD FROM 35"' AV SW FROM OSLO RD (9i" STREET BID NO. 2008062 PROJECT NO. 0522. 0436 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA SANDRA L. BOWDEN, CHAIRMAN WESLEY S. DAVIS, VICE CHAIRMAN COMMISSIONER GARY C. WHEELER COMMISSIONER JOSEPH E. FLESCHER COMMISSIONER PETER D. O'BRYAN b? 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 MICHAEL D. NIXON, P.E., ROADWAY PRODCUTION MANAGER ARJUNA D. WERAGODA, P.E., PROJECT ENGINEER 00001-1 FAEngineering\Petition PavingW522 1 st Rd. from 32nd Ave. to 35th Ave\Bid Documents100001 - Project Title Page.doc BOARD OF COUNTY COMMISSIONERS 180127th Street, Vero Beach, Florida 32960 Telephone: (772) 56M000 FAX: (772) 770-5140 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY JI? I Sealed bids will be received by Indian River County until 2:00 PM on , July(02008. 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 1ST Road from 35th Ave. to 32nd Ave. and 10th Court SW from Oslo Road to 7th Street SW, Project No's. 0522, 0436 and Bid No.2008062. Bids should be addressed to Purchasing Division, 1800 27th Street, Bldg. "B", 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.0522. 0436 INDIAN RIVER COUNTY BID NO.2008062 PROJECT DESCRIPTION: consists of roadside swales stormdrain pipe replacement signing ana pavement marKing ana utility adjustments 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, Bldg. "A", Vero Beach, Florida, 32960, (772) 226-1384. 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 BOND must accompany each Bid, and be 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 (5%) 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, he will enter into a Contract with the County and furnish the required Performance Bond and Payment Bond. If he fails to do so, he shall forfeit the said bid Bond as liquidated damages. Please note that the questionnaire must be filled out completely including the financial statement. 00100 - Advertisement 00100-1 FAEngineering\Patition Paving\05221st Rd. from 32nd Ave. to 35th Ave\Bid Documents\00100 - Advertisement.doc 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: June 9, 2008 For: Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to: INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street Building "B" Vero Beach, FL 32960 * * END OF SECTION * * 00100 - Advertisement 00100-2 FAEngineerm9%Petiti0n Paving\0522 1 st Rd. from 32nd Ave. to 35th AvekBid Document91001DD - Advertisementdoc TABLE OF CONTENTS Section No. Title VOLUME 1 SION 0 - CONTRACT 00001 00010 DING Cover Sheet Table of Contents BIDDING DOCUMENTS CONT AND CON THE 00100 Advertisement for Bids 00200 Instructions to Bidders 00300-1 Bid Package Contents 00310 Bid Form & Itemized Bid Schedule 00430 Bid Bond 00450 Sworn Statement under Section 287.133, Florida Statutes on Public Entity Crimes 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 Locations of the Work CONDITIONS OF THE CONTRACT Elevations and 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions 00942 Change Order Form 00948 Work Change Directive 00010-1 FAEngineering\Petition Paving\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documents\00010 - Table of Contents.doc DIVISION 1 - GENERAL REQUIREMENTS DIVISION 2 - TECHNICAL PROVISIONS VOLUME II APPENDIX A - PERMITS NDIX B - CHAPTE IEMENT P' APPENDIX C - AS -BUILT RECORD SURVEY CHECKLIST APPENDIX D - ROADWAY SOIL SURVEY + + END OF TABLE OF CONTENTS + + 00010-2 FAEnaineerina\Petition Paving\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documents\00010 - Table of Contents.doc SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No. - Title ARTICLE1 - DEFINED TERMS.............................................................................................1 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS... .... 11 111"..6666 0 000.090*61 11 .... "I'll., ... I... t ... mot*.... 1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS......................................................................1 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, ANDSITE...................................................................................................................2 ARTICLE 5 - PRE-BID CONFERENCE.,. ...... III.., ................ &.be., ... ................ o ..... os000000 ...... 4 ARTICLE 6 - SITE AND OTHER AREAS, ....... "I'll, ................... 111.11 .................... 0 , a .... a.w.o.vo ..... 4 ARTICLE 7 - INTERPRETATIONS AND ADDENDA..............................................................4 ARTICLE8 - BID SECURITY.................................................................................................5 ARTICLE9 - CONTRACT TIMES.., ....... 1.1110 .... be ... go** ............. o..6*00900 ..... a .................... 06.600,06 .... 5 ARTICLE10 - LIQUIDATED DAMAGES................................................................................ 5 ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS., ... ...... .... 0.. 6 ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS.......................................6 ARTICLE 13 - PREPARATION OF BID.,,,, ...... 11.119,050, ... *so*** ... "I'll, ..... 000 ................................. 6 ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS..........................................................7 ARTICLE15 - SUBMITTAL OF BID.,,,.,, .... ..Ile ..... a ...... No,., ...... III.., ................ 6 & be. Go. *.. 1. 0 ............ 8 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID................................................8 ARTICLE17 - OPENING OF BIDS., ..... 11 .... I .... 4.6ba.600 ..... ......... I ........ I'll ........ S..*..09 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE ........................................... 9 ARTICLE19 - AWARD OF CONTRACT..............................................6.....................1..1.11..... 9 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE..... ..... ............. m .... I ..... 110 ARTICLE 21 - SIGNING OF AGREEMENT............................................................................10 ARTICLE 22 - SALES AND USE TAXES.."..,... ... p ........ 1111119 ..... 10 ARTICLE23 — RETAINAGE...................................................................................................11 ARTICLE 24 - CONTRACTS TO BE ASSIGNED...................................................................11 ARTICLE25 - PARTNERING.................................................................................................11 00200 - Instructions to Bidders 00200 - i F:\Engineering\PetitionPaving\0522 1 st Rd. from 32nd Ave. to 35th Ave\Bid Documents\00200 - Instructions to Bidders.doc Rev. 05/16/01 SECTION 00200 One Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) Subject Article Awardof Contract'...... .... I'll .... a & a a 0 ..... 01,11.111,111, ... 1.. 0. 11 1 1 1 1. 11 No No '.. 00. be me, ... ...... 0499..b.*0111 ... 1..".19 Basisof Bid; Evaluation of Bids................................................................................................14 BidSecurity................................................................................................................................8 Bids to Remain Subject to Acceptance.....................................................................................18 Contract Security and Insurance.,.,,',,,,.,.., "I .... "I ....... 11116.110.0 ...... a.. 0 ....... 20 ContractTimes..............................................................................................................::...........9 Contractsto be Assigned..........................................................................................................24 Copiesof Bidding Documents., .... I'll., ... 1. a a . . 0 0 . . . N . , a 6 1 . . I I 1 0 1 1 1 1 1 . 6 0 a I . a * . . a . . a , . I I I A . I . I I I I . I . I . a 0 0 0 . V . . 0 . . . . I . I . I I . 1 12 DefinedTerms.. ..... I ..... I ............ M .... $0.0 ... ......................................... M ....... 4 ........ a D ..... M ............ 1 Examination of Bidding Documents, Other Related Data, and Site.............................................4 Interpretationsand Addenda.......................................................................................................7 LiquidatedDamages.... .... "I .... a*..* .... beef*, ...................... 00 ........................ #0 ... 0. be. 0 .................. 0.... 10 16 Modification and Withdrawal of Bid ............1.1.........0......................0.04.0.................................1111. Openingof Bids........................................................................................................................17 Partnering., ... ............... 0 ....... 60,69, .............................................. *6.60.,g ... 0,0 ........................ 25 Pre -Bid Conference....................................................................................................................5 Preparationof Bid..... ...... ........ 0.11.1. . I I I I I I I I . 0 0 a . a , . N 0 . . b & I I I . I . I I I . I . I I 1 0 . 0 . a . & 0 . . . . . . . . . . . . . . . . . . . . 9 . 6 0 a 0 . . . . 13 Qualificationsof Bidders.............................................................................................................3 Retainage.........................................................................................0.................6....0..0...6......... 23 Salesand Use Taxes................................................................................................................22 Signingof Agreement...............................................................................................................21 Siteand Other Areas..................................................................................................................6 Subcontractors, Suppliers and Others......................................................................................12 Submittalof Bid........................................................................................................................15 Substituteor "Or -Equal" Items..................................................................................................11 00200 ON Instructions to Bidders 00200 - ii FAEngineering\Petition Paving\05221st Rd. from 32nd Ave. to 35th AveOd Documents\00200 - Instructions to Bidders.doc Rev. 05/16/01 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. 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. 00200 - Instructions to Bidders 00200-1 FAEngineering\Petition Paving\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documents\00200 - Instructions to Bidders.doc Rev. 05/01 3.03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents, B. Copies of reports and drawings referenced in paragraph 4.01.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and established in paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERs of such Underground Facilities, including OWNER, or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.06 of the General Conditions has been identified and established in paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or 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 00200 - Instructions to Bidders 00200-2 FAEngineeringTetition Pavingt0522 1 st Rd. from 32nd Ave. to 35th Av81Bid Documents100200 - Instructions to Bidders.doc Rev. 05101 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 (Aduna Weragoda, P.E., (772) 226-19311 On request, OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of any other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work. [Note: If there is no Article 7 in the Supplementary Conditions, then delete this paragraph and add in its place: "[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 (Ariuna Weragoda. P.E.. (772) 226-1931. 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 00200-3 F:%Engineering%PetiGon Paving\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documentst00200 - Instructions to Bidders.doc Rev. 05/01 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 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 00200-4 FAEngineering\Petition Paving\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documents\00200 - Instructions to Bidders.doc Rev. 05/01 ENGINEER in response to such oquestions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, deemed advisable by OWNER or ENGINEER. correct, or change the Bidding Documents as ARTICLE 8 - BID SECURITY 8.01 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 a Bid Bond [on the form attached except as provided otherwise by Laws or Regulations]. All Bonds shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. The Surety must be authorized to issue surety bonds in Florida. The Bidder shall require the attorney-in-fact who executes any Bond, to affix to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida. Further, at the time of execution of the Contract, the Successful Bidder shall for all Bonds, provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304- 9308. The Surety shall also meet the requirements of paragraphs 5.01 and 5.02 of the General Conditions. 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 a Bid Bond [on the form attached] issued by a surety meeting 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 fumish 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 (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 00200 - Instructions to Bidders 00200-5 FAEngineering\Petition Paving\0522 tat Rd. from 32nd Ave. to 35th Ave\Bid Documents\00200 - Instrudions to Bidders.doc Rev. 05101 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or - equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements, ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid. 12.02 If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions. 12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection. 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 00200 - Instructions to Bidders 00200-6 FAEngineeringTatition Pavingt05221st Rd. from 32nd Ave. to 35th Ave\Sid Document"0200 - Instructions to Bidders.doc Rev. 05/01 Applicable" entered. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (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 venture 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 00200 - Instructions to Bidders 00200-7 FAEngineering\Petition Paving\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documents\00200 - Instructions to Bidders.doc Rev. 05/01 between words and figures will be resolved in favor of the words. 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 11.02 of the General Conditions. 14.03 The Bidder's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule, or elsewhere, is approximate only and not guaranteed. The OWNER does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work, or 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 27"' Street, Vero Beach, Florida, 32960, ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 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 00200-8 FAEngineering\Petition PmAng\05221st Rd. from 32nd Ave. to 35th Ave\Bid Documentst00200 - Instructions to Bidders.doc Rev. 05/01 ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 - AWARD OF CONTRACT 19.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non -responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs. The OWNER reserves the right to select, from among the various Bid alternatives, those alternatives to be included in the final Contract as well as the right and option to award or re -bid alternatives in any sequence or at any time deemed to be in the best interest of the OWNER. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. It is the OWNER's intent to accept alternates (if any are accepted) in the order in which they are listed on the Bid form, but OWNER may accept them in any order or combination. 19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or 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. 00200 - Instructions to Bidders 00200-9 FAEngineering\Petition Paving\0522 Iat Rd. from 32nd Ave. to 35th Ave\Bid Documents\00200 - Instructions to Bidders.doc Rev. 05/01 19.06 If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 = CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER's requirements as to performance and payment Bonds and insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds, unless the Bonds have been waived due to the total contract being less than $50,000. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. The sureties for all Bonds must be authorized to issue surety bonds in Florida. The CONTRACTOR 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 CONTRACTOR 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. 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. 85-801262203413-3. Said taxes shall not be included in the Bid. Refer to paragraph 6.10 of the Supplementary Conditions for additional information. 00200 - Instructions to Bidders 00200-10 FAEngineeringTetition Paving10522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documentst00200 - Instructions to Bidders.doc Rev. 05101 ARTICLE 23 — RETAINAGE 23.01 This Section intentionally left blank. ARTICLE 24 - CONTRACTS TO BE ASSIGNED 24.02 This Section intentionally left blank ARTICLE 25 - PARTNERING 25.01 This Section intentionally left blank * * END OF SECTION * * 00200 - Instructions to Bidders 00200 - 11 FAEngineeringTotition Pavingt0522 let Rd. from 32nd Ave. to 35th Ave%Bid Documentst00200 - Instructions to Bidders.doc Rev. 05/01 SECTION 00300 = Bid Package Contents THIS PACKAGE CONTAINS: SECTION TITLE Bid Form Bid Bond Public Entity Crimes Statement Sworn Statement on Disclosure of Relationships Sworn Statement Under the Florida Trench Safety Act General Information Required of Bidders List of Subcontractors SECTION NUMBER 00310 00430 00450 00452 00454 00456 SUBMIT TWO (2) COPIES OF THIS COMPLETE PACKAGE WITH YOUR BID * * END OF SECTION * * 00300 - Bid Package Contents 003001 17:1EngineeringlPetition PavingX0522 tat Rd. from 32nd Ave. to 35th AvelBid Documentsk00300 - Bid Package Contents.doc SECTION 00310 - Bid Form PROJECT IDENTIFICATION: Project Name: County Project Number: Project Address: SW nsgq n4AR SW Project Description: The projects consist of paving existing two- lane marl -roads with roadside swales owned and maintained by Indian River County, Florida. THIS BID IS SUBMITTED TO: INDIAN RIVER COUNTY PURCHASING 1800 27th Street, Bldg. "B" 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 01AINER. 301 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 Number E 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 conditions at or contiguous to 00310- 1 FAEngineeringTotition Paving\0522 1 st Rd. from 32nd Ave. to 35th Ave\Bid Documents100310 - Bid Form.doc the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents, H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. [The remainder of page intentionally left blank] 00310- 2 FAEngineering\Petition Pavingl0522 1 St Rd. from 32nd Ave. to 35th Ave\Bid Documenlsl00310 - Bid Form.doc 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. B. 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 /3 ,10 Joe, 4j'; B. 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 FAEnaineerina\Petition Pevina105221st Rd. from 32nd Ave. to 35th Ave\Bid Documents100310 - Bid Fonn.doc SUBMITTED on , 20.0f State Contractor License No. 0.cc;L4 IZT11/ If Bidder is: An Individual Name (typed or printed): By: (Individual's signature) Doing business as: Business address: Phone No.: A Partnership Partnership Name: By: FAX No.: (Signature of general partner -- attach evidence of authority to sign) Name (typed or printed): Business address: Phone No.: A Corporation Corporation Name: State of Incorporatic Type (General Business, FAX No.: Byk/ (Signature Name (typed Title: Attest , Service, Limited Liability): evidence of authority to sign) printed): (Signature of Corporate Secretary) Business address: (SEAL) (SEAL) (SEAL) (CORPORATE SEAL) Phone No.: FAX No.: :z7.� 778' aR6? 1� Date of Qualification to do business is 0 e- un 45 sa 00310- 4 FAEngineering\Petition Paving\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documents\00310 - Bid Form. doc A Joint Venture Joint Venture Name: By: (Signature of joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title: Business address - Phone No.: Joint Venture Name: By: FAX No.: (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: (SEAL) (SEAL) (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.) * * END OF SECTION * * 00310- 5 FAEngineering\Petition Paving\0522 Ist Rd. from 32nd Ave. to 35th Ave\Bid Documents\00310 - Bid Form.doc ITEMIZED BID SCHEDULE (REVISED) PROJECT NAME: 043610th Court SW Paving and Drainage BIDDER'S NAME 01-1 MOBILIZATION LS 02-1 MAINTENANCE OF TRAFFIC LS 1 — tz� 03-1 EROSION & WATER POLLUTION CONTROL LS 08-1 AS-BUILTS LS 1 49 el 08.2 N.P.D.E.S, PERMITTING LS 10-1-1 CLEARING & GRUBBING AC 2.0 10-7-1 MAILBOX REPLACEMENT FURNISH & INSTALL EA 11.0 20-1 EXCAVATION REGULAR CY 2 1 201 20-6-1 EMBANKMENT CY 37 % 604-1 TYPE B STABILIZATION - 12" SY 6,387 85-706 8" CEMENTED COQUINA SHELL BASE SY 5 761 %�6 & 400 ,34-1-113 SUPERPAVE ASPHALTIC CONCRETE TRAFFIC C SP -9.5 1Yz' SY 4 690 BITUMINOUS COATED CORRUGATED STEEL PIPE CULVERT (10 GAUGE) 30-34-021 12" LF 458 30-174-101 PIPIE CULVERT CONC. RCP 159')LF 32 Z�� L�• ��% •30-982-223 MITERED END SECTION CONC. RCP 15" EA 2 40 969.00 ;22-1 CONCRETE SIDEWALK 4" THICK)SY 306 c*ee ,Ci�J 60-10-228 RELOCATE EXIST, CHAIN LINK FENCE LF 200 �� 75-1-1 SODDING BAHIA SY 7 546 /t Ar/r/ '0040-1 SINGLE POST SIGNS R1-1) (STOP)EA 3 el '0041-10 DOUBLE POST SIGN, T -INTERSECTION (W1-7) EA ITEMIZED BID SCHEDULE (REVISED) PROJECT NAME: 043610th Court SW Paving and Drainage BIDDER'S NAME 11-35-241 124" WHITE(THERMOPLASTIC) I LF 643-700 IVALVE BOX / VALVE PAD ADJUST_ OR MOVE I EA 1 6 644-800 FIRE HYDRANT ASSEMBLY ADJUST EA 1 RCUD-1 ADJUST WATER METER EA 1; 100 PAYMENT BOND I S 10TH COURT SW PAVING AND DRAINAGE LS = Lump Sum LF = Linear Foot EA = Each SY = Square Yard PROJECT NAME: 10TH COURT SW PAVING AND DRAINAGE BIDDER'S NAME: SUB -TOTAL: 1 e961) 860 i3%Dv G 3.00 14�3,0� SUB TOTAL TN = Ton c,, e7r-7 f500 lin �D • o0 14 C, 3 00 14G3.a� Is 776, FORCE ACCOUNT: 120,000.00 FORCE ACCOUNT (IN WORDS): TWENTY THOUSAND DOLLARS AND NO CENTS TOTAL ESTIMATE AMOUNT. $ 3 S 'I 4 46 , TOTAL ESTIMATE AMOUNT (IN WORDS): 14q.,MQDre Cl Kim ITEMILEV bIU b(;HLUULt (hctviatuj PROJECT NAME: 0522 1st Road Paving and Drainage BIDDER'S NAME 5aS C!1...:.. tii :........... i#I?.at> ou Asn.... rel:»::<.:::>;::: ... ....... ........f1mE.P.n .. 1-1 MOBILIZATION LS 1 (o (OTJ ,cp 2-1 MAINTENANCE OF TRAFFIC LS 1 c c.�' 6V c;)I ; do 4-1 EROSION & WATER POLLUTION CONTROL LS 1 8-1 AS-BUILTS LS 1 0-1-1 CLEARING & GRUBBING LS 1Jc� i0-7-1 MAILBOX REPLACEMENT FURNISH & INSTALL EA 17 )ce),er Oi? >_0-1 EXCAVATION REGULAR CY 1509 5-fr/ 20-6-1 EMBANKMENT FILL CY 7 DO ,C10 60-4-1 TYPE B STABILIZATION - 12" SY 4,468 85-706 8" CEMENTED COQUINA SHELL BASE SY 3 843 �1 l0 • �� J#Cl.0-3 34-1-113 SUPERPAVE ASPHALTIC CONCRETE TRAFFIC C SP -9.5 1%:" SY 3,271 00-1-1 CONCRETE JACKET FDOT INDEX 280 EA 02 130-172-201 CONCRETE PIPE CULVERT CLASS III - 12"x18" LF 104 130-172-201 BITUMINOUS COATED CORRUGATED STEEL PIPE CULVERT 17"x13" LF 15 130-174-101 BITUMINOUS COATED CORRUGATED STEEL PIPE CULVERT 12" LF 453 36130-982-223 MITERED END SECTION RCP 15" EA 3 'yS©• /*3�0• ��� 575-1-1 SODDING BAHIA SY 4,094 •5 t, (fro1643-700 VALVE BOX/ VALVE PAD ADJUSTMENT EA 1 LYS yl�L', nV 1644-800 FIRE HYDRANT ASSEMBLY ADJUST EA 1 700-40-1 SINGLE POST SIGNS R1-1 STOP WITH STREET SIGN EA 2 „'75 17 -10 IS I ENT ITEMIZED BID SCHEDULE (REVISED) PROJECT NAME: 0522 1st Road Paving and I BIDDER'S NAME S{PS (n)A-f.PC6ifc l ffi:, l 10721III4 Sum LF = Linear Foot EA = Each 15 LS 1 1 1 / 6,O O. ckd 1 0 SD , o 0 16,116,001 r�SD. 00 EaWns"iillgty SY = Sauare Yard TN = Ton PROJECT NAME: IST ROAD PAVING AND DRAINAGE BIDDER'S NAME: S P-3 c 4p y T&^ a T+d ` ..1 cA SUB -TOTAL: $ LC7 /z/4 . 95w TOTAL AMOUNT OF BID (IN WORDS) 00r�. FORCE ACCOUNT: 15.000.00 FORCE ACCOUNT (iii WORDS): FIFTEEN THOUSAND DOLLARS AND NO CENTS TOTAL ESTIMATE AMOUNT: $ 1 7A LS = I ENT ITEMIZED BID SCHEDULE (REVISED) PROJECT NAME: 0522 1st Road Paving and I BIDDER'S NAME S{PS (n)A-f.PC6ifc l ffi:, l 10721III4 Sum LF = Linear Foot EA = Each 15 LS 1 1 1 / 6,O O. ckd 1 0 SD , o 0 16,116,001 r�SD. 00 EaWns"iillgty SY = Sauare Yard TN = Ton PROJECT NAME: IST ROAD PAVING AND DRAINAGE BIDDER'S NAME: S P-3 c 4p y T&^ a T+d ` ..1 cA SUB -TOTAL: $ LC7 /z/4 . 95w TOTAL AMOUNT OF BID (IN WORDS) 00r�. FORCE ACCOUNT: 15.000.00 FORCE ACCOUNT (iii WORDS): FIFTEEN THOUSAND DOLLARS AND NO CENTS TOTAL ESTIMATE AMOUNT: $ 1 7A SECTION 00430 , Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we (BIDDER'S NAME) S.P.S. Contracting , Inc. _ _ as Principal, and Fidelity & Deposit Company of Maryland (SURI=TY'S NAME) a corporation duly organized under the Laws of the State of Florida as a Surety with its principal offices in the City of Maitland and authorized to do business in the State of Florida, are, held and firmly bound unto INDIAN RIVER COUNTY (hereinafter called the OWNER) in the penal sum of Five Percent of amt. bid Dollars ($ 5% of amt bid ), lawful money of the United States, amounting to 5% of the total bid price, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. Whereas said Principal is herewith submitting a Bid dated July it , 20 08 , for the construction of: lip Project Name: 1 Street SW County Ptovject Ne Project Address: Roadto 7�h _ Street SW Project Description: The projects consist of saving existing two-lane marl -roads with roadside swale_s owned and maintained by Indian River County, Florida. NOW THEREFORE, the condition of the above obligation is such that if the Principal does not withdraw said Bid within the period of time set forth in the Bid Documents, and on or before the fifteenth day after the Notice of Award, the Principal enters.into a written contract with the OWNER in accordance with the Bid as accepted, and if the Principal gives the required bonds with good and sufficient sureties for the faithful performance and proper fulfill! Hent of such Contract and for the protection of laborers and materialmen, then this obligation shall be null and void. Otherwise, the Principal and Surety, jointly and severally, shall on or before the sixtieth day after request by the OWNER, pay to the OWNER in money, the difference between the amount specified in said Bid and the amount for which the OWNER may procure the required work if the latter amount is greater than the former, together with any expense and reasonable attorney fees, including appellate proceedings, incurred by the OWNER if suit is brought hereon, but in no event shall Surety's liability exceed the penal sum hereof plus such expenses and attorney's fees. IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several seals this 1, ltnday of July , 20 08 , 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. 00430 - Bld Bond 00430 -1 or.�.......... 4.# IDA awn v9rni A%m M Arlh AvNR1f1 Ylnrasm+nL%\0U20 - 8l0 Rdnd.daC Ray. 05101 Signed, sealed and delivered in the presence of: Witness Signature o Individual Address Printed Nanhe of Individual Witness Address NAME: Signed, sealed and delivered in the presence of: Witness Name of Partn rship BY: Address Partner Printed Name of Partner Witness (SEAL) Address Signed, sealed and delivered in the presonce of: Witness Name of Address Partner Printed Name of Partner 00430 - Bid gond 00430.2 F^EnglneeriftPeUtion PaA40522 let Rd. from 32nd Am to 36th Awl d Occoyent9100430 - Bid Bond.doe Rov.05101 Witness (SEAL) Address WHEN TIME PRINCIPAL IS A CORPORATION, Attest: �__ _ drul Secretary Name of Corporation S.P; . Contracting, Inc. BY: Printed Official I 2.4 so Alis d yr , ) 7"1 , certify that I am Principal in the within bond; that t., behalf of the Principal was then A& &sgrAAr_•.. his signature, and his signature thereto is genuine; a and attested for and on behalf of Said corporation by Secretary_ Attest: Secretary. Corporate Surety Fideli Business BY: (Attach Power of Attomey-1 (Affix SEAL) ,n^ wapMn.N� j;:% p M, ttlr 6rv(:,.rF Secretary of the corporation named as —, who signed the said bond on 4„4 „_ rof said corporation: that I know that said Bond was duly signed, sealed thority of Its governing body, (SEAL) & Deposit Company of Maryland 11924 Forest Hill Blvd., Suite 22-323 Wellington, FL 33414 (Affix Corpi)rate SEAL) John S. Harris Name of Llocal Agency Coastal Bonding, Inc. 00430-3 00430 - Bid Bond G4#nn1nneAnrAPcff11 r MsAmVA27 Ul Rrl *Mn 17nrl Avn M Vth AVOAAM r1nr91 r r.ralntA {tt . qM RmAd.tinr; Rrw, 05161 Business Address STATE OF FLORIDA COUNTY OF INDIAN RIVER Before mel, a Notary Public, duly commissioned, qualified and acting, personally appeared John S. Harris T, to me well known, who being by me first duly sworn upon oath, F' lit & Deposit Compan says that he is h� �tliorne =}�-fact .for the o ar YYand end that he has been authorized by omnanvyo Fia�vosland 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 llthday of July, 20 08 r NOTARY PUBLIC - STATE OF FLORIDA Notary Public, State of Florida Beverly Kenny Fell :;• Commission # DD629777 My Commission Expires: ��/ � � BONDED TBRUATLANT�C BONDPI G CO.;INC. *er,r**:*,rer**+r,e,e,v*,►w*x�+a*fiew�w+r+ar�v.,r+nrt*�*+�+tt**:*++r�**ter******x�r*,t *w,�*,�w,k�rxrnv*,vie Any claims under this bond shall be addressed to: Name and address of Surety: Fidelity & Deposit Company of Maryland 863 Creston Dr. Maitland, FL 32751 Name and address of agent or representative in Florida if different from above: John S. Harris - Coastal Bonding, Inc. 11924 Forest Hill Blvd., Suite 22-323 Wellington, FL 33414 Telephone number of Surety and agent or representative in Florida:5( 61. } 753 _ 5547 + + END OF SECTION + + 00430 - Bid Bond 00430 - 4 C.1Cw..IwwwAwMDNllinw VMAw nc;071 ,a7 AA Qm "nr1 A.re m 1rrh AvdQIA Rr.n nronlelRHa9(1 . FNri Annrf rin I*mr FIRM Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, w ' set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s nate, constitute and appoint John S. HARRIS, of Wellington, Florida, its true and lawful tt -in- make, execute, seal and deliver, for, and on its behalf as surety, and as its act and o ngs, and the execution of such bonds or undertakings in pursuan a , s on said Company, as fully and amply, to all intents and purposes, as if xe c3Q ged by the regularly elected officers of the Company at its office in Ba r1 eir o r The said Assistant r ' ere rttt tract set forth on the reverse side hereof is a true copy of Article VI, Section 2 of the By- s d ' now in force. IN WITNESS W o e said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate ea of the said FI.DELITY AND DEPOSIT COMPANY OF MARYLAND, this 23rd day of F ebraary, A.D. 2004. ATTEST: State of Maryland1 ss: City of Baltimore f T. E. Smith FIDELITY AND DEPOSIT COMPANY OF MARYLAND I Assistant Secretary By: y�-�— Paul C. Rogers Vice President On this 23rd day of February, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above i Titten. o4 a`sFL N4 �ArvD POA -F 031-0035 Dennis R. Hayden Notary Public My Commission Expires: February 1, 2009 SECTION 00450 = PUBLIC ENTITY CRIMES Pursuant to Florida Statutes Section 287.133(2)(a), all Bidders are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity (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 of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287.017 for CATEGORY TWO [currently $25,0001 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. * * END OF SECTION * * 00450 - Public Entity Crimes Statement 00450-1 c.t c....:..........ao.�rf:.... o.., a...anco7 ICf 04 f'....., 79nA A%. In 75th Avn\Ri.i nnrnvwnldflnm;n . W ohlir Fnfiht fkimo Rfafa n nt rinr 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. 6) for 1St Road from 35th Avenue to 32nd Avenue and 10th Court SW from Oslo Road to 7 Stre 1. This sworn statement is submitted by: whose business address is: (Name of entitykubrdfitting sworn statement) and (if applicable) its Fdderal Employer Identification Number (FEIN) is (oSej 7-71,w1/r i (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement ). 2. My name is (Please print name and my relationship to the entity named above is - 3. 1 understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 4. 1 understand that the relationship with a County Commissioner or County employee that must be disclosed is as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in- law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother,_ stepson, stepdaughter; stepbrother 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 00452-1 F:%EngineeringlPeGtion Paving\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documents\00452 - Disclosure of Relationships.doc STATE OF ! et,� COUNTY OF /(h 1t i Ve Personally appeared before me, the undersigned authority, who after first beiW sworn by me, affixed his/her signature //-J/L- day of 4/z , 20 QY. Notary�ublic, State/at large My C mmission Expires: e�11/41,:n in the space provided above on this NOTARY PUBLIC, STATE OF FLOIUDA Beverly Kenny Fell 0M3 fission #DD629777 B0Z9 T Pires: JAN 16 2011 HRUATLWnC BONDBVG CO, zic * * END OF SECTION * * 00452 - Disclosure of Relationships 00452-2 F•\Fnoirw.wino\PPtition Pavina\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documents\00452 - Disclosure of Relationshios.doc Name of Affiliate or Entity Name of County Commissioner or employee Relationship 1. 2. 3. 4. 5. 6. 7. 8, STATE OF ! et,� COUNTY OF /(h 1t i Ve Personally appeared before me, the undersigned authority, who after first beiW sworn by me, affixed his/her signature //-J/L- day of 4/z , 20 QY. Notary�ublic, State/at large My C mmission Expires: e�11/41,:n in the space provided above on this NOTARY PUBLIC, STATE OF FLOIUDA Beverly Kenny Fell 0M3 fission #DD629777 B0Z9 T Pires: JAN 16 2011 HRUATLWnC BONDBVG CO, zic * * END OF SECTION * * 00452 - Disclosure of Relationships 00452-2 F•\Fnoirw.wino\PPtition Pavina\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documents\00452 - Disclosure of Relationshios.doc 1 is 3. 0 5. 6. 7) 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. This Sworn Statement is submitted with Project No's. This Sworn Statement is submitted by "BIDDER". (Legal Name of Entity BIDDER's BIDDER's Federal Employer Identification Number (FEIN) is St !Yi C-- Subhitting Sworn Statement) i --6, , hereinafter address is My name is Jird (Li fi d lna n _ and my relationship to the BIDDER /� (Pjint Name of Individual Signing) is L_Lnl -Crw f r1�4111Y1l <�IYlti f r, r— (Position or Title) I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. 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. The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards. The BIDDER has allocated and included in its bid the total amount of $_ rdad 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: 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. The BIDDER has allocated and included in its bid the total amount of $ 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 00454-1 FAEngineering\Petition Paving\0522 1 st Rd. from 32nd Ave. to 35th Ave\Bid Documents\00454 - Florida Trench Safety AcLdoc 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 Date: STATE OF F/Z:rrl�;, COUNTY OF a�, /n C i7►'► 11V iia mi�i nnn f �FJ/7t�'Ct C� Ul7'I,rn Ih `S�ffix�li. Personally appeared before me, the undersigned authority,... `,yam l ,n z) who after first bein sworn by me, affixed his/her signature in the space provided above on this //ft- day of /L , 20OV, NOTARY PUBLIC - STATE OF FLORIDA Z #s Beverly fenny FQll :Commission # DD629777 Notary Pu ic, State at r e Expires: JAN. 16 20 My Com ission Expires: a'/�rc%�cr� BONDED TMUATLANTIC BONDING Co,,INC * * END OF SECTION * * 00454-2 00454 - Florida Trench Safety Act FAEngineering\Petition Paving\05221st Rd. from 32nd Ave. to 35th Ave\Bid Docvments\00454 - Florida Trench Safety Act.doc 31456 - QUALIFICA' ESTIONNAIRE 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: 0522, 0436 Project Name: 1. Bidder's Name/ Address:�S 4, 2_ Bidder's Telephone & FAX Numbers: 7 7,j 3. Licensing and Corporate Status: a. Is Contractor License current? Ales b. Bidder's Contractor License No: 7fL4.1 [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: r� 5. What is the last project OF THIS NATURE that the firm has completed? 4IVUry y Toa""J C&I dsT4R 6. Has the firm ever failed to complete work awarded to you? IV E) [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? 0 o [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed.] 8. Has the firm ever been charged by OSHA for violating any OSHA regulations? 043 [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 00456 - i FAEngineering\Petition Paving\05221 st Rd. from 32nd Ave. to 35th Ave\Bid Documents\00456 - Qualifications Questionnaire.doc [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.] 9. Has the firm ever been charged with noncompliance of any public policy or rules? dd [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 financial strength and history. u., /[ of pp4.y u Po,. q wAgL ,b IR� of tq 4r 11. Has the firm ever defaulted on any of its projects? L) o [if your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which 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. w / C s s p p �.-V 41 Pftd Adoa*Aft �+� 12agviRwp 13. Name of person who inspected the site of the proposed work for the firm: Name: ;J , &,, X x,,3 e 200,, y f Date of Inspections: .sem .J,y 14. Name of on-site Project Foreman: �,} .sem, Number of years of experience with similar projects as a Project Foreman: a o YRwto 15. Name of Project Manager: IL k „S LV. PL 1 ` 14 Number of years of experience with similar projects as a Project Manager: Qv A IL so 16. What is the firm's bonding capacity? — /vim o p [The remainder of this page was left blank intentionally] 00456 - Qualifications Questionnaire 00456-2 tr: MA l...... ""A fl:.n 1.. OCK. peel MA nasac iMnziro Anr I U N 2- 42 0 a� ED rn c 0 0 m a� CL E U v L i+ O 3 �a LL ° m L y q o C `Q O v 30 O L � tm V �L O L E Z = q an Z L o l N L a K e v � W `o v L CD _ Q 6 O' Z Z � � d � d d of a a 0 c� 'o .c CL t - O d CD E ° w A Z v � T m 0 N N 7 0 0 cc U C cc 3 to 0 0 [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 contrator.] ^, By: * * END OF SECTION * * (Position or Title) (Date) 00456 - Qualifications Questionnaire 00456-4 neM 4-4 OA a..... %n. A A 11 b. ecfti Avn\GIA fin.::mnnly\!\MSR. n: rolifire/inne (Niac innnnir> Anr 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. 0522 for 1St 1. 2. 3. 4. 5. 6. 7. Ii 9. 10, 11. 12. 13, 14. 15. 16, 17. Work to be Performed Subcontractor's Name/Address Note: Attach additional sheets if required. * * END OF SECTION * * 00458 - List of Subcontractors 00458-1 F:\Engheering\Petition Paving\0522 tst Rd. from 32nd Ave. to 35th AveWd Documents\00458 - List of Subcontractors.doc .. .. .. .yw.11 yau.Va �. aIVVKl {.111V114 Vl Vll4ll' Home Contact Us E -Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Profit Corporation S.P.S. CONTRACTING, INC. Filing Information Document Number P97000073507 FEI Number 650776401 Date Filed 08/25/1997 State FL Status ACTIVE Principal Address 9015 AMERICANA ROAD SUITE 1 VERO BEACH FL 32966 US Changed 06/29/2005 Mailing Address 9015 AMERICANA ROAD SUITE 1 VERO BEACH FL 32966 US Changed 06/29/2005 Registered Agent Name & Address SMITH, DEBORAH S 9015 AMERICANA ROAD SUITE 1 VERO BEACH FL 32966 US Address Changed: 06/29/2005 Officer/Director Detail Name & Address Title D SMITH, DENNIS L PO BOX 690115 VERO BEACH FL 32969 Title D SMITH, DEBORAH S PO BOX 690115 VERO BEACH FL 32969 Annual Reports Report Year Filed Date 2006 01/16/2006 2007 06/04/2007 2008 05/02/2008 Document Images Document Searches 05;0212008 - ANNUAL_REPQRT View image Ln PDF format 0.6/0412007 -- ANNUAL REPORT .. View image Ln PDF format 01{1¢/20.0(..-7_AN- NUAL REPORT View Image in PDF format 06/29/2005-- ANNUMM REPQRT View image in PDF format 07/13/2004 - ANNVALREEDRT._ f View image Ln PDF foml8t. 09/12/2003.-- ANNUM-. REPURT View ima a in PDF rm foat Q7.10.1.12902. --_ANN.UAL..REP.9R'T.. View image in PDF format 9.712412001_.-.-._ANN.U.A...L,,.R.EPQRT.._ View image in PDF format 05!3112..000..-_ANNUAL_REPQRT,. View image in PDF format 0---5--1-0---6- 1-1999 --ANNUALREPORT View image in PDF format 01(2T09Q8-- ANNUAL,._REP,QRT View image in PDF format 081.2511.097...-..<7grnestc,,P.rofit_Attic�ef View image Ln PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Forms Help 1. Entity Name Search rage 1 or 1 http://www. sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc_number=P97000073507&inq... 7/10/2008 A69 00C i4./_0 DEPART N FLORIDA M� PROFESSIONAL REGULATION FTRY LICENSING BOARD SEQ# L08061801093 • . YW VYi\VY i\Yi\ 06/18/200,8 070'5;24879 G 0 ` ` �r. The G NERC L CQNTRA TO Named below IS', CR`'IFY3�' , Under the provisions o€ :Chapter,=`8q Expiration date: AUG 31, 2010 SMITH? DM"M--'IXS p SPS G..N'�'1�,AS���$G 4 901 5 :-AMERT Z'ANi�, ROAD `:"STE . VERO BEACH FL 32966 17T CHARLIE :GRIST = ��'•e' =1 f�, GOVERNORD `bal..A A k UIRED BYLAW CHUCK DRAGO INTERIM SECRETARY The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. In the event the Contract is awarded to the Bidder, he will enter into a Contract with Indian River County and furnish the required Performance and Payment Bond. *************This Addendum MUST be returned with your Bid************** All Bids must be mailed to or hand delivered to the Purchasing Division office located at 180027 1h Street, Vero Beach, FL 32960 prior to the Date and Time shown above. Late bids will be returned unopened. Company Name Name: -5 (Type / Printed) Authorized Signature: l/ v Telephone: 7 74- 7 7,Y 2 Title: Date: z////a� Fax: 7 ' 77 -Y 4�'� Indian Riva X.Ounty Purchashng Division - 1800 27 Street Vero Beach, AFL 32960 Photn:e (772) 567-8000 Fax (772) 770-5095 Ext. 1986 ADDENDUM NO, 2 Date, June 18, 2008 Project Name: 1St Road from 35th Avenue to 32"d Avenue & 10th Court SW from Oslo Road (9th Street SW) to 7th Street SW Bid Number: 2008062 Bid Opening Date: Friday, July 11, 2008 at 2:00 p.m. TO ALL PROSPECTIVE BIDDERS: TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED: This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements of the Contract Documents. Therefore, it hereby supercedes anything to the contrary in the Bidding Requirements or contract Documents. This ADDENDUM is hereby made a part of the subject Bidding and Contract Documents. The subject addendum was generated from the questions raised by a plan holder. The questions and the answers are indicated below: Reference l Oth Court Plans: 1. Are we to construct the 15" RCP coming out of structures S-430 & S-431? (See sheet 7 of 20) (The bid form only indicates we are to construct the mitered end sections. There is no line item for the 15" RCP) Yes you are to construct the I5" RCP with the subject project. Aline item has been added to the Itemized Bid Schedule (Please see revised Itemized Bid Schedule' a. Will these structures be constructed prior to the subject project being started? Yes. The structures S-430 & S431 will have to be in place. 2. Are we to include the replacement of the concrete drive at Lot 1 and Lots 18 & 19, from the right- of-way to the edge of pavement? No. Please refer to Driveway Detail on sheet 4. 3. The quantity for the 4' sidewalk (Item #522-1) appears to be incorrect. My take -off indicated the quantity to be approximately 310 SY in lieu of the 550 SY shown on the bid form. Could you please verify? 1 The sidewalk quantity b• ,en < evised to 306 SY (Please revised Itemized Bid SchedifI Reference 1" kctiau: 1 . The bid form shows 15" RC' .::id 15" MES. Should this be ]2"xl6" ERCP? The Itemized Bid Schedule 1:as been revised to reflect the changes. General: 1. Is the fill quantity an in place measured quantity? Yes, it is an in place measured quantity. 2. There are some runs of existing 12" CMP that are not shown to be removed. Are we to remove all existing 12" CMP where new pipe is being installed or only those to be removed? Yes, within the existing right -of --way. The removal of existing pipes are paid underbid item 110-1-1- Clearing & Grubbing. 3. Will a pre -construction video of these two roads be required? Yes. Please refer to Division I- General Requirements, under Section 01215 -General Quality Control in your contract documents for detail specifications. 4. The Bid form indicates we are to "furnish and install" mailboxes. Are we replacing these mailboxes with new ones? If so is there a detail available for the type of mailbox desired and how the County wants these to be installed? The furnishing and installing mailboxes will be on a case by case basis. If the mailboxes are severely damaged and can not be used after construction then replace in like kind. IRC has no standard detail for installing mailboxes. Please see FDOT Standard Specifications for Road and Bridge Construction 110.10.4 for further coordination during construction. The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. In the event the Contract is awarded to the Bidder, he will enter into a Contract with Indian River County and furnish the required Performance and Payment Bond. *************This Addendum MUST be returned with your Bid************** All Bids must be mailed to or hand delivered to the Purchasing Division office located at 180027 th Street, Vero Beach, FL 32960 prior to the Date and Time shown above. Late bids will be returned unopened. Company Name Name: Author Telephi 0 2 ITEMIZED BID SCHEn} ' ,_ I, ,t ; ISED) PROJECT NAME: 0622 1st ,ad Paving and Drainage BIDDER'S NAME em Na. ; Descripfion '` lttni# Quantif U it.Price '; A'i»bunt' ' _ . 31-1 MOBILIZATION LS 1 )2-1 MAINTENANCE OF TRAFFIC LS 1 )4-1 EROSION & WATER POLLUTION CONTROL LS 1 )8-1 AS-BUILTS LS 1 10-1-1 CLEARING & GRUBBING LS 1 10-7-1 MAILBOX REPLACEMENT FURNISH & INSTALL EA 17 ?0-1 EXCAVATION REGULAR CY 1 509 ?0-6-1 EMBANKMENT FILL CY 7 50-4-1 TYPE B STABILIZATION - 12" SY 4 468 35-706 8" CEMENTED COQUINA SHELL BASE SY 3 843 14-1-113 SUPERPAVE ASPHALTIC CONCRETE TRAFFIC C SP -9.5 1 %N)SY 3 271 10-1-1 CONCRETE JACKET FDOT INDEX 280 EA 1 tn-172-2n1 r;nM( PETE PIPE rl'l ERT CI ACC 111 - 12"x1 R" I F 104 ;0-172-201 BITUMINOUS COATED CORRUGATED STEEL PIPE CULVERT 17"x13" LF 15 •0-174-101 BITUMINOUS COATED CORRUGATED STEEL PIPE CULVERT 12" LF 453 0-982-223 MITERED END SECTION RCP 1591` EA 3 5-1-1 SODDING BAHIA SY 4 094 43-700 VALVE BOX / VALVE PAD ADJUSTMENT EA 1 44-800 FIRE HYDRANT ASSEMBLY ADJUST EA 1 )40-1 SINGLE POST SIGNS R1-1 STOP(WITH STREET SIGN EA 2 )-41-10 SIGN DOUBLE POST (T -INTERSECTION) (W1-7) EA 1 ITEMIZED BID SrHEDULE (REVISED) PROJECT NAME: 0522 1st Road Paving and Drainage BIDDER'S NAME Cl ,ntr�z�1'1C . em No.� Deserl iiQrt77Unit ,Qiantix :� '::Unit'Pri� ..Amount' 11-35-241 24" WHITE (THERMOPLASTIC)LF 40 ZCUD-1 ADJUST WATER METERS EA 15 00 PAYMENT BOND LS 1 01 PERFORMANCE BOND LS 1 IST ROAD PAVING AND DRAINAGE SUB TOTAL LS = Lump Sum LF = Linear Foot EA = Each SY = Square Yard TN = Ton 'ROJECT NAME: IST ROAD PAVING AND DRAINAGE ;IDDER'S NAME: &nfi(6 c Inc . _S ;UB -TOTAL: $ iUB-TOTAL AMOUNT OF BID (IN WORDS) ORCE ACCOUNT: $ 15.000.00 ORCE ACCOUNT (IN WORDS): FIFTEEN THOUSAND DOLLARS AND NO CENTS OTAL ESTIMATE AMOUNT: $ OTAL ESTIMATE AMOUNT (IN !ORDS), ITEMIZED BID SCHEDULE (REVISED) PROJECT NAME: 0436 101h Court SW Paving and Drainage BIDDER'S NAME �/ "c i r C, em No Descrl tion tl t, „l uariti. .UriIforice Amount ,, 01-1 MOBILIZATION LS 1 02-1 MAINTENANCE OF TRAFFIC LS 1 03-1 EROSION & WATER POLLUTION CONTROL LS 1 08-1 AS-BUILTS LS 1 08.2 N.P.D.E.S. PERMITTING LS 1 10-1-1 CLEARING & GRUBBING AC 2.0 10-7-1 MAILBOX REPLACEMENT FURNISH & INSTALL)EA 11.0 20-1 EXCAVATION REGULAR CY 2 201 20-6-1 EMBANKMENT CY 37 i0-4-1 TYPE B STABILIZATION - 12" SY 6 387 35-706 8" CEMENTED COQUINA SHELL BASE SY 5 761 34-1-113 SUPERPAVE ASPHALTIC CONCRETE TRAFFIC C SP -9.5 1%10 SY 4 690 BITUMINOUS COATED CORRUGATED STEEL PIPE CULVERT (10 GAUGE) z0-34-021 1112"1 IF 458 30-174-101 PIPIE CULVERT CONC. RCP 15" LF 32 50-982-223 MITERED END SECTION CONC. RCP 1511' EA 2 !2-1 CONCRETE SIDEWALK 4" THICK SY 306 i0-10-228 RELOCATE EXIST. CHAIN LINK FENCE LF 200 '5-1-1 SODDING BAHIA SY 7t546 1040-1 SINGLE POST SIGNS R1-1 STOP EA 3 0-41-10 DOUBLE POST SIGN T -INTERSECTION W1-7 EA 1 1-35-241 24" WHITE THERMOPLASTIC LF 48 ITEMIZED BID SCHEDULE (REVISED) PROJECT NAME: 0436 19th Court SW Pavingand Drainage /- BIDDER'S NAME � , z_►"� em No. 343-700 C)escc `'tion VALVE BOX / VALVE PAD ADJUST OR MOVE EA 6 344-800 FIRE HYDRANT ASSEMBLY ADJUST EA 1 tCUD-1 ADJUST WATER METER EA 12 )0 PAYMENT BOND LS 1 )1 PERFORMANCE BOND LS 1 10TH COURT SW PAVING AND DRAINAGE SUB TOTAL LS = Lum Sum LF = Linear Foot EA = Each SY = S uare Yard TN = Ton 'ROJECT NAME: 10TH COURT SW PAVING AND DRAINAGE IDDER'S NAME:n'rr�L_'1�►YY���C.- UB-TOTAL: $ UB -TOTAL AMOUNT OF BID (IN WORDS) ORCE ACCOUNT: $ 20,000.00 ORCE ACCOUNT (IN WORDS): TWENTY THOUSAND OTAL ESTIMATE AMOUNT: $ OTAL ESTIMATE AMOUNT (IN WORDS): DOLLARS AND NO CENTS Indian River County Purchasing Division 180027 1h Street Vero Beach, FL 32960 Phone (772) 567-8000 Fax (772) 770-5095 Ext. 1986 ADDENDUM NO, 3 Date. June 24, 2008 Project Name: 1St Road from 35th Avenue to 32nd Avenue & 10th Court SW from Oslo Road (9th Street SW) to 7th Street SW Bid Number: 2008062 Bid Opening Date: Friday, July 11, 2008 at 2:00 p.m. TO ALL PROSPECTIVE BIDDERS: TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED: This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements of the Contract Documents. Therefore, it hereby supercedes anything to the contrary in the Bidding Requirements or contract Documents. This ADDENDUM is hereby made a part of the subject Bidding and Contract Documents. The subject addendum was generated from the questions raised by a plan holder. The question and the answer are indicated below: l . There may be excess dirt for this project. Who will retain ownership of any excess excavated u1awi iaia Please refer to Division 1- General Requirements, under Section 01009 -Special provisions in your contract documents for detail specifications. The pertinent specification from the contract document is quoted below. "All salvageable material and equipment for which specific use, relocation or other disposal is not specifically noted, shall remain the property of the OWNER and shall be delivered to the OWNER at the following location: 4550 41St Street, at the CONTRACTOR's expense. All material and equipment not in salvageable condition, as determ�nined by the ENGINEER and the OWNER, shall be disposed of by the CONTRACTOR, at the CdNTRACTOR's expense." The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. In the event the Contract is awarded to the Bidder, he will enter into a Contract with Indian River County and furnish the required Performance and Payment Bond. *************This Addendum MUST be returned with your Bid************** All Bids must be mailed to or hand delivered to the Purchasing Division office located at 180027 1h Street, Vero Beach, FL 32960 prior to the Date and Time shown above. Late bids will be returned unopened. Company Name Name: (Type / Pri Authorized Signature: Telephone: ..)- % `7 7� 2 C_ Title:C.G�Iltq�} Date: cS� Fax: 77.E-- �7 7• - ��� �- BOARD OF COUNTY COMMISSIONERS August 20, 2008 SPS Contracting, Inc. Attn: Mr. Jim Widman 9015 Americana Road, Suite 1 Vero Beach, FL 32966 NOTICE OF AWARD Reference: Indian River County Bid No. 2008062 Paving of 10`h Court and P Road Dear Mr. Widman: VIA OVERNIGHT DELIVERY I am pleased to inform you that on August 19, 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. ($408,412.90) 2. Payment Bond in the amount of 100% of the contract amount. ($408,412.90) 3. Certificate of Insurance, must name Indian River County as an additional insured and must provide for a 30 day Notice of Cancellation. In accordance with section 255.05(1)(a), Florida Statutes, you are required to execute a Performance Bond and a Payment Bond for the above referenced project. Please submit the Bonds and the Certificate of Insurance to this office at the address provided below no later than September 3, 2008. Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award. In addition, enclosed are two (2) copies of the; Agreement. Thank you for your prompt attention and if you have any questions, please do not hesitate to contact this office. Sincerely, 9 A* - Jerry Davis, Purchasing Manager cc: Arjuna Weragoda, P.E., Project Engineer Mike Hotchkiss, P.E., Utilities Capital Projects Manager General Services Departments Purchasing Division 180027 1h Street, Vero Beach, Florida 32960•(772) 567-8000 Ext. 1416•Fax: (772) 770-5140 E-mail: purchasing @ircgov.com SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title ARTICLE1- WORK.................................................................................................................................2 ARTICLE2 - THE PROJECT..................................................................................................................2 ARTICLE3 - ENGINEER........................................................................................................................2 ARTICLE4 - CONTRACT TEVIES..........................................................................................................2 ARTICLE5 - CONTRACT PRICE........................................................................................................3 ARTICLE6 - PAYMENT PROCEDURES..............................................................................................4 ARTICLE7 - INDENINIFICATION........................................................................................................5 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS......................................................................5 ARTICLE9 - CONTRACT DOCUMENTS.............................................................................................6 ARTICLE10 - NUSCELLANEOUS.........................................................................................................7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLYI 00520 - Agreement (Public Works) 00520 - 1 G•\Fnninaarinn\Patitinn Pavinn\nFi79 iet Rri frnm 19nd Ava to RFIh AvaMe nnp,e anwnn59n . Anraanwnt Mohlie Wnrke\ rine 1 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) 1 and l (hereinafter called CONTRACTOR). i OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK t I 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: roadside swales, stormdrain pipe replacement, signing and pavement marking and utility adjustments. 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: 1St Road from 35th Avenue to 32nd Avenue and 10th Court SW from Oslo Road to'T' Street County Project I Project Address 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. 00520-2 F:1EngineeringTetition Pavingt0522 1 at Rd. from 32nd Ave. to 35th Ave%Bld DocumenteW0520 - Agreement (Public Works).doc 00520 - Agreement (Public Works) i 0 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed on or before the 120 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 150 day after the date when the Contract Times commence to run. 4.03 Days to Achieve Final Completion and Final Payment A. The Work will be fully completed (Final Completion) and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 150 day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions. 4.04 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 specked 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 $.2 121,00 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 $ 2.121.00 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.B, 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: $_41 a. ?o Written Amount: F..v.c /JA AN Sra"ANy&1~12 7r"+ w& rat P• I 1 A it4 +va v ri C a ars nnrzo R Z 00520 - Agreement (Public Works) 1 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 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. 00520 - Agreement (Public Works) 00520-4 i6.04 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. {this is another provision in the agreement between owner and contractor that you may or may not have] 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 fumished 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. t 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 s 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 j Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and 00520 - Agreement (Public Works) 00520 - 5 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. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or j 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. I ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520A to 00520-9); 2, Performance Bond (pages 00610-1 to 00610-5); 3. Payment Bond (pages 00612-1 to 00612-5); 4, General Conditions (pages 00700-1 to 00700.-45); 5. Supplementary Conditions (pages 0080A to 0080-8); 6. Specifications as listed in the table of contents of the Project Manual; 7. Drawings consisting: A. Proposed Paving and Drainage Improvements, Project #0522, and 0436 dated 8/27/07 and 11/14/06. 8. Appendices to this Agreement Appendix A — Permits 00520 - 6 00520 - Agreement (Public Works) 1 Appendix B - Best Management Practices Appendix C - As -Built Record Survey Checklist Appendix D - Roadway Soil Survey l ra 9. Notice to Proceed (Page 1, inclusive) 10. CONTRACTOR'S BID (pages 1 to 8, inclusive) 11. Bid Bond (pages 1 to 4, inclusive), Qualifications Questionnaire (page 1 to 4, inclusive), List of Subcontractors (page 1 inclusive). 12. Sworn Statement Under the Florida Trench Safety Act (pages 1 to 2, inclusive) 13, Sworn Statement Under Section 105.08, Relationships (pages 1 to 2, inclusive) Indian River County Code, on Disclosure of 14. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s), 15, 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. 00520-7 FAEngineeringtPetition Pavingt0522 1st Rd. from 32nd Ave. to 35th AvetBid DocumentsW0520 -Agreement (Public Works).doc 00520 - Agreement (Public Works) a l10.04 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 i Contract Documents shall be reformed to replace such stricken provision or part thereof 1 with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 1 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 party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Other Provisions t NOTE TO USER 9. Insert other provisions here if applicable. [The remainder of this page was left blank intentionally] 00520 - Agreement (Public Works) 00520-8 l10.04 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 i Contract Documents shall be reformed to replace such stricken provision or part thereof 1 with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 1 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 party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Other Provisions t NOTE TO USER 9. Insert other provisions here if applicable. [The remainder of this page was left blank intentionally] 00520 - Agreement (Public Works) 00520-8 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$ A�1?eerr!ent-an►ONibi4ffective on ft 200$_ (the date the Contract is aWrrayed by the "Indra fiver County Board of County Commissioners, which is the Effective Date of the Agreement); APPRI SUM By: fof ) AS CY: iam LEGAL II, County Attorney Jeffrey K. Barton, Clerk of Court Attest: Deputy Clerk (SEAL) Designated Representative: Name: Christopher J. Kafer, Jr. P.E. Title: County Engineer 1801 27th Street Vero Beach, Florida 32960 (772) 226-1986 Facsimile: (772) 778-9391 CONTRACTOR: 45 P5 'jTM By: Lj� (Contractor) (CORPORATE SEAL) Attest cress for iving notices: 015 Arne KN -t -C. -A A License No. G !:2 L o© 9 S'14 (Where applicable) Agent for service of processerm W\dWal,n A(ldress: Qt 15 A r )P.P i i9&n A Phone: Facsimile: * 7%)� 778 —(12810G - (if CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 00520 - 9 t } l IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by -OWNER and CONTRACTOR or on their behalf.., , This$ A�1?eerr!ent-an►ONibi4ffective on ft 200$_ (the date the Contract is aWrrayed by the "Indra fiver County Board of County Commissioners, which is the Effective Date of the Agreement); APPRI SUM By: fof ) AS CY: iam LEGAL II, County Attorney Jeffrey K. Barton, Clerk of Court Attest: Deputy Clerk (SEAL) Designated Representative: Name: Christopher J. Kafer, Jr. P.E. Title: County Engineer 1801 27th Street Vero Beach, Florida 32960 (772) 226-1986 Facsimile: (772) 778-9391 CONTRACTOR: 45 P5 'jTM By: Lj� (Contractor) (CORPORATE SEAL) Attest cress for iving notices: 015 Arne KN -t -C. -A A License No. G !:2 L o© 9 S'14 (Where applicable) Agent for service of processerm W\dWal,n A(ldress: Qt 15 A r )P.P i i9&n A Phone: Facsimile: * 7%)� 778 —(12810G - (if CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 00520 - Agreement (Public Works) 00520 - 9 00520 - Agreement (Public Works) SECTION 00550 - Notice to Proceed Dated September 5, 2008 [Certified Mail — Return Receipt Requested] TO: SPS ADDRESS: Inc 9015 Americana Road, Suite 1 Vero Beach, Florida 32966 Contract For: Paving of 10th Court and 1st Road (Insert name of Contract as it appears in the Contract Documents) Project: 1st Road from 35th Avenue to 32nd Avenue and 10th Court SW from Oslo Road to 7th Street SW OWNER'S Bid No, 2008062 You are notified that the Contract Times under the above contract will commence to run on September 22, 2008. By that date, you are to start performing your obligations under the Contract Documents. The contract has allocated 150 days for the completion of this project. In accordance with Article 4 of the Agreement the date of Substantial Completion is January 25, 2009 and the date of readiness for final payment is February 24, 2009. 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) Must review limits of clearing with Indian River County Surveyor. SWPPP shall be approved by the Construction Coordination Manager. NOI must be filed with DEP. INDIAN RIVER COUNTY 00550 - Notice to Proceed September 5 2008 00560-1 ., 1948808 THIS DOCUMENT HAS BEEN RECORDED IN THE Pl1B_IC RECORDS OF INDIAN RIVER COUNTY FL BK: 2291 PG:597, Pagel of 11 09/11 /2008 at 10:18 AM, JEFFREY K BARTON, CLERK OF COURT Bond No. 08891580 PERFORMANCE & PAYMENT BOND (Public Work) In compliance with U.S. Chapter 255.05(t)(a) Contractor: S.P.S. Contracting, Ince Name: 9015 Americana Rd., Suite #1 Address: Vero Beach, FL 32966 Phone No. (772) 778-4878 Surety: Fidelity & Deposit Company of Maryland Phone No. (407) 629-1955 Name: 863 Creston Dr. Address: Maitland, FL 32751 Owner: County of Indian River, Florida Name: 1800 27th. St. Address: Vero Beach, FL 32960 Phone No. (772) 567-8000 Obligee: (If contracting entity is different from the owner, the contracting public entity) Name: Same Address: Phone No. Bond Amount: $ 408, 412.90 Contract No. (if applicable): 0522, 0436 Description of Work: The project consist of paving existing two—lane mari—roads with roadside swales owned & maiintained by Indian River County, FL Project Location: 1st. Rd. from 35th. Ave. to 32nd. Ave. & 10th. Court SW from Oslo Rd. to 7th. St. SW Legal Description: FRONT PAGE All other page(s) are deemed subsequent to this page regardless of any page number(s) that may be re- printed thereon. SECTION 00610 - Performance Bond KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we S.P.S. Contrac Americana e #1 Vero Beach, FL 32966 (772) 778-4878 as (Contractor), (Insert name, principal business address, and telephone number of PrincipallContmetor) and Fidelity & Deposit Company of Maryland 863 Creston Dr. _ Maitland, FL 327516 (407) 629-1955 a corporation, as Surety, (Insert name, principal business address, and telephone number of Surety) are held and firmly bound unto the County of Indian River, Florida, 1800, 27th Street, Vero Beach, Florida 3V60, 772m567m%)7ourun re T o�andin the sura of ourun rev rc Dollars ($�r�8 , 412,20 ), amounting to 100% of the total bid price. For the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the lqtday of0 entered into between the Principal and the County of Indian R' er, for. Bond Number Project Name County Project Number0522. 0436 e to 32nd Avenue and 10"' Court SW from Oslo Project Address: 1st Road from 35" Avenu Road to 7n Street SW Project Description: The protects consist oa= Davina xisirn9 IMM- ane man-msus w swales owned and ma' wined b Indian Rive Coun Florida. 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 sold 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 00610 - Performance Bond 0081041 F:16noin Wmn%Pv%Mon P0dm0109r21st Ftd. Ren 92nO Av.e, to EM AveW4 oo=T* ts100B10 - PvAdnv+b BOMAN 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 'attomey's fees (including appellate proceedings), which the County of Indian River may incur as a result of the failure of the Principal to properly execute all of the provisions of the Contract. AND, the said Principal and Surety hereby further bind themselves, their successors, executors, administrators and assigns, jointly and severally, that they will amply and fully protect the County of Indian River against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same, or his agents or his servants, or the infringements of any patent rights by reason of the use of any material fumished or work done, as aforesaid or otherwise. AND, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications or Drawings accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications or Drawings. AND, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, this tg4*6w day of , 20.91, the name and corporate seal of each corporate party being hereto Wixed and these presents duly signed by Its undersigned representative, pursu'ant to authority of its governing body. �e�r+e*�tv„�*,tt:yaw,w,rwe*��*,rwit�rww+va�+a�***sex*w*t..w�*,rwrx w+rr***morin►f��.r+,e�„E,�e�ew*+rx�r*x*�r,kw�rr+wwrie WHEN THE PRINCIPAL IS AN ANDD 11JUALI Signed, sealed and delivered in the presence of: Witness Address Witness Signature of individual Printed Name of Individual Address •ww+c,e+r+rw* }ww MM wwwwx+,w�-1Fa4+wwwwwwwww,►x.Flrtle R�Ywrt4 V+**ww,!*�k�wwwwwwwwwG 1.+k11+k+tRlre�*+►w*�'►tw��**���w [The remainder of this page was left blank intentionally] 00640 - 2 F*- hoop Non p"gVM let FOd. nm $2nd Ave, to 3M Ave181d UMMO� MOM0 - PMlbrmanee 6en0.0oo NAME: Signed, sealed and delivered in the presence of: Witness Address witness Address Name of Partnership 'A Partner Printed Name of Partner (SEAL) .�e.�1h,FkN«.««««««w«w«�+lwrtlNr«/kir««ale«vele«««««««+tr««««««*«�+�//«««*4�ie«in►+A>k+Fk««*««9e«k1F�«wrrwltae*+tkka►,t,Y*«««««««frft«««« WHEN TH5 PRINCIPAL IS A PARTNERSHIP: Signed, sealed and delivered in the presence of: Witness Address Witness Address Name of Partnership BY: Partner Printed Name of Partner (SEAL) ««« *Pop ...««,.«r*«««,r«««««««,.r.+tx++t,t.irir«««,r««ax.«« [The remainder of this page was left blank Intentionally) 00610.3 r.+ � Iw r� w. . dw�Y I�1 nJ 6�r MrJ A.+ l• OCIY l��IT.J /Vr�dwl Me/�R Dw�I r�wT DMd Ahr WHEN THE PRINCIPAL IS A CORPORATION.: Attest; Secretary Name of Corporation S .P . S . Contracting, Ince V, BY: (Affix Corporate SEAL) Printed Name s..h w v o m a#4 0 Official Title e a aTwKA `Tr A O#% , s j' &r&9 tR,. CERTIFICATE AS TOCORPORATE PRINCIPAL I O er j „s us s ,,,.: ; - � , certify that I am the Secretary of the corporation named as Principal in the within bond; that , r4 W i oM oj&j , who signed the said bond on behalf of the Principal was then c e Ljyw.* T_ said corporation: that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed and attested for and on behalf of Said corporation by authority of Its governing body. Secretary (SEAL_) TO BE EXECUTED BY CORPORATE SURETY: Corporate Surety Fidelity & Seposit Company of Maryland Business Address 863 Creston Dr. Maitland, FL 32751: _.3 BY: 1wxrporate SEAL) 6 In -Fact John S . Harris Name of Local Agency Coastal Bonding >y Business Address 11924 Forest Hill Blvd., Wellington, FL 33414 [The remainder of this page was left blank intentionally) F Suite 22-32 00410.4 Q+s.niwnrwlwNlNl:l:... WnArAMC99 �d ow aNw ao..�, ew «. aRN� eus1AW n,Y,nnw„aHx,R,n- v.�+Rair. w,m+Anr. F Suite 22-32 STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared John S* Harris , to mewei! whjin b me first duly swom upon oath, i e tysays that he is pjapeftfly�J' the om an oand and that he has been authorized by pany oand toexecute 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 T7X day of in. SJ , 20,. k NOTARY PUBLIC • STATE OF FLORIDA Beverly %• Kenny Fell ;Commission # DD629777 Expires: JAN. 16, 2011 o P �S t of Florida BONDED TLANTIC BONDING CO, INC. My Commission Expires: !ten a * * END OF SECTION * * 000,0 - 5 I'AI•.rW.wnrin.N�'IMMrw OH.rM/1M7 Imp no f.r.rw "l A A%" M Ogdw hl. hq%111 MMIRW11O~4h 8 AO1qflfrf UT "Z"w1 feet 08/26/2008 69:14 7727705140 Bond 4608891580 IRC PURCHASING KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we M EU eF delity & De Dsit Company of • 1 Courty of .Rl1vW, FWda, IBM, 27th Street, VOM • • _ • • , • 1 .+ • ! ♦. �••• :1 ,for W 0 0 . 1 0 '- - or" •== TME25M I go —WJ t 1 • Project Description: 1 Ir copiedA copy of said ContraCt is W=rpoMed hwWn by reference and is made a post hem& as If fully NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shell promptly make payments to all claimants, as herein below defined, then this obligation shall be void; otherwise, this Bond shall remain in full force and affect, subject to the following terms and aoncri�titions: 11. 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 W 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 00612.2 pnenphNpPdMw Pewng t ill Re_ from mm Aw, to 3ft Ave%Bk oe&~tsVM1Z • Paye ev,a.ax Rev. 95MI 09/02/2008 14;22 7727705140 IRC PURCHASING PAGE 03 STATE OF FLORIDA COUNTY OF INDIAN RIVER Corporate $Li Vy►Fidelity & Deposit Company of Maryland Businow Addl"' 6 eston Dr., Maitland, FL 32751 Y':V4 (Affix Attorney-In=Faot John S . Harri k Name of Local AgericY Coastal Bo Business Address 11924 Forest Hill Blvd., Wellington, FL 33414 y ¢, �, J •. - x Zn q 1 i IY.H�•,• � Suite 22-323 :- WPM i . r _• ♦ • ' foregoing bond on Wall c River, Florida. Subscribed and Sworn to before me this �deiy Of ..;hi 20 08 ubl to of F r�da NOTARY PUBLIC - STATE OF FLORIDA My Commission Expires: Beverly Kenny Fell ,, Commission # DD629777 Expires: JAN, 16, 2011 BONDED THRU ATLANnC BONDING CO., INC. r END OF SECTION C Aw �■y yQnIWLd StMKµTww'.^• a. ,� - v1f12• PAYW 0Md,dppA&V-08.'" , -- 00612. P•tvmwni Bund.doc Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s nate, constitute and appoint John S. HARRIS, of Wellington, Florida, its true and lawful tt -m- make, execute, seal and deliver, for, and on its behalf as surety, and as its act and o ngs, and the execution of such bonds or undertakings in pursuan o , s on said Company, as fully and amply, to all intents and purposes, as if xe ged by the regularly elected officers of the Company at its office i Ba r5 r o r The said Assistant Section 2, of the By IN WITNESS V1 affixed the Corpora A.D. 2004. ATTEST: eo G set forth on the reverse side hereof is a true copy of Article VI, '��d4s now in force. e said Vice -President and Assistant Secretary have hereunto subscribed their names and of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 23rd day of February, State of Maryland1 ss: City of Baltimore f T• E. Smith FIDELITY AND DEPOSIT COMPANY OF MARYLAND Assistant Secretary By: Paul C. Rogers Vice President On this 23rd day of February, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. R. N4)7,1 w.w�awrn+ RY;5;t) eo�� Dennis R. Hayden Notary Public My Commission Expires: February 1, 2009 r. ♦ � h � th IM 6 " M;i i e•. w rr . 1� k POA -F 031-0035 r � set forth on the reverse side hereof is a true copy of Article VI, '��d4s now in force. e said Vice -President and Assistant Secretary have hereunto subscribed their names and of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 23rd day of February, State of Maryland1 ss: City of Baltimore f T• E. Smith FIDELITY AND DEPOSIT COMPANY OF MARYLAND Assistant Secretary By: Paul C. Rogers Vice President On this 23rd day of February, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. R. N4)7,1 w.w�awrn+ RY;5;t) eo�� Dennis R. Hayden Notary Public My Commission Expires: February 1, 2009 r. ♦ � h � th IM 6 " M;i i e•. w rr . 1� k POA -F 031-0035 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this l �"' day of Assistant Secretary ACORy_ CERTIFICATE F LIABILITY INSURANCE sps� 021 °A08/2 ; Huckleberry, Sibley Insurance & Bonds, 1020 N Orlando Ave, Maitland FL 32751 Phone:407-647-1616 & Harvey Inc. Suite 200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A INSURER B: SPS Contracting Inc INsuRER c: Attn: Deborah Smith 9015 Americana Rd. S# 1 INSURER D: Vero Beach FL 3296 INSURER E: COVERAGES Amerisure Insurance Amerisure Mutual Insurance Cc 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. NAIC # 19488 23396 LTRINSRE TYPE OF INSURANCE POLICY NUMBER DATE MMIDD DATE MMIDD LIMITS A GENERAL LIABILITY X COMMERCIALGENERAL LIABILITY CLAIMS MADE OCCUR GL2054579 06/06/08 06/06/09 EACH OCCURRENCE S 1 , OOO , OOO PREMISES Eaocwrence S 50 000 MED EXP (Any one person) $5f000 PERSONAL &ADV INJURY S 1 OOO OOO GENERAL AGGREGATE S 2 000, 000 PRODUCTS - COMP/OP AGG S 2 , 000 0 00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X EC LOC B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CA2054576 06/06/08 06/06/09 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGG $ $ B EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE RDEDUCTIBLE X RETENTION $ O CU2054580 06/06/08 06/06/09 EACH OCCURRENCE S 5 000 , 000 AGGREGATE $5,000,000 S $ i B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? K describe under SPECIAL PROVISIONS below WC2054581 06/06/08 06/06/09 X TORY LIMITS ER 1 E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000 1000 E.L. DISEASE - POLICY LIMIT $ 1 000 000 A A OTHER Rented/Leased Equi Scheduled Equip CPP2054578 CPP2054578 06/06/08 06/06/08 06/06/09 06/06/09 Coverage 500,000 Coverage 1,803 888 DESCRIPTION OF OPERATIONS / LOCATIONS r VEHIGLES r EXULUSIVNU AMUCO aT ENUVROCNIMn i I QVMU. & rMW V CERTIFICATE HOLDER CANCELLATION Indian River County Board of County Commisioners Attn: Jerry Davis 1801 27th Street Vero Beach 8'L 32960 ACORD 25 INDIRIV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR fLIII IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. SECTION 00622 - Contractor's Application for Payment.doc Application for Payment No. For Work Accomplished through the period of through To: Indian River County (OWNER) From: (CONTRACTOR) Contract: 2008062 Project: 1St Road from 35th Avenue to 32"d Avenue and 10th Court SW from Oslo Road to 7 Street SW OWNER's Contract No.0522, 0436 ENGINEER's Contract No.N/A ENGINEER Indian River County 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: BeDUE THIS APPLICATION (6 MINUS 7): 00622 - Contractor's Application for Payment 00622-1 FAEngineering\Petition Paving\0522 1 St Rd. from 32nd Ave. to 35th Ave\Bid Documents=622 - Contractors Application for Paymentdoc 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 By: State of County of Subscribed and swom to before me this day of Notary Public My Commission expires: (CONTRACTOR) LICABLE). t certify that I have checked and verify the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it is a true and correct statement of the work performed and/or material supplied by the Contractor. Dated (ARCHITECT / ENGINEER) SIGNATURE CERTIFICATION OF ENGINEER/ INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. It is my opinion that this statement of work performed and/or materials supplied is accurate, that the Contractor is observing the requirements of the Contract, and that the Contractor should be paid the amount requested above. Dated (ENGINEER/INSPECTOR) SIGNATURE Accompanying Documentation: [The Remainder of Page Intentional Left Blankl 00622 - Contractor's Application for Payment 00622-2 FAEngineering\Petition Paving\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documents\00622 - Contractor's Application for Payment.doc Rev. 05101 O r n U C4 d E N U C•-, O U. U a C F O UNz �co 1 O� O m N L U co 201 QE Z ea M OCC L.V G d y J H O H d C _d v CL o m E d O U r C O E Q r d Q. E (?j O U m d �+ 3 � C d M O N0E Q rdi R � E 5 N (J W v LM CL _ C M E C e -NCM 44 Ln co1�C60)d -NM c! LOCOt�Coa)O�N Co CD Z r r r r r r r r r r N N N ai U ts C: 0 U cr C L U a) L_ c 4) Wo 75 O L y C O Q to a) 3 aS O a) 7 a� L U U) m O f- 0 O Z O uiF— v LL O G Z W x a� E T l6 CL L C O U CL n N 0 O V (�6 C O U N N O Cl O U C4 U E N C•-, O U. U a L U co 201 QE Z ea M OCC L.V G d y J H O H d C _d v CL o m E d O U r C O E Q r d Q. E (?j O U m d �+ 3 � C d M O N0E Q rdi R � E 5 N (J W v LM CL _ C M E C e -NCM 44 Ln co1�C60)d -NM c! LOCOt�Coa)O�N Co CD Z r r r r r r r r r r N N N ai U ts C: 0 U cr C L U a) L_ c 4) Wo 75 O L y C O Q to a) 3 aS O a) 7 a� L U U) m O f- 0 O Z O uiF— v LL O G Z W x a� E T l6 CL L C O U CL n N 0 O V (�6 C O U N N O Cl O SECTION 00630 = Certificate of Substantial Completion Date of Issuance: 20 OWNER: Indian River County CONTRACTOR, Contract: Project: 1St Road from 35th Street SW OWNER's Contract No. CONTACT FOR: ENGINEER's Project No. 0522, 0436 0 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 00630-1 R\EngineeringTotition paving\0522 tst Rd. from 32nd Ave. to 35th Ave\Bid Documents\00630 - Certificate of Substantial Completion .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 00630-3 FAEngineeringTotition Paving\0S22 1st Rd. from 32nd Ave. to 35th Ave\Bid Documents\00630 - Certificate of Substantial Completion .doc iECTION 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 said state to administer oaths, comes , who on oath says: That he is the CONTRACTOR with whom Indian River County, Florida, a political subdivision of said state, did on the day of ,20 , enter into a contract for the performance of certain work, more particularly described as follows: UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth. Affiant further says that: 1. CONTRACTOR has reviewed the Contract Documents. 2. CONTRACTOR has reviewed the Work for compliance with the Contract Documents, 3. CONTRACTOR has completed the Work in accordance with the Contract Documents. 4. All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. 5. The Work is complete and ready for final acceptance by the OWNER. 6. CONTRACTOR hereby certifies that it has no claims against the OWNER. 00632-1 FAEngineering\Petition Paving\05221st Rd. from 32nd Ave. to 35th Ave\Bid Documents\00632 - Contractor's Final Certification.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 R\Engineering\Petition Paving\05221 st Rd. from 32nd Ave. to 35th Ave\Bid Documents\00632 - Contractors Final Certification.doc