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HomeMy WebLinkAbout2008-353CONTRACT DOCUMENTS AND SPECIFICATIONS FOR REET SIDEWALK 16th AVENUE BID NO. 2008081 PROJECT No's. 0216 PREPARED FOR th 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 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 WILLIAM W DEBRAAL ff DEPUTY COUNTY ATTORNEY 00001 -1 F:\Engineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Bid Documents\00001 - Project Title Page.doc I t f 4 p -l�)C � I �"( , u Ll` C1 4 00001 - Project Title Page SECTION 00100 - Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 1801 27th Street, Vero Beach, Florida 32960 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2:00 PM on Wednesday, Oct 15, 2008. Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words 12th Street Sidewalk from 161h Ave. to 11th PI., Project No. 0216, and Bid No.2008081. 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, 0216 INDIAN RIVER COUNTY BID NO. 2008081 PROJECT DESCRIPTION: 11 County, Florida. 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) 226-1380. Copies of the plans and specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Indian River County, in the amount of $100.00 for each set, which represents cost of printing and handling, which is non refundable.. Communications concerning this bid shall be directed to IRC Purchasing Department at 772-226-1416. All bids shall be submitted in duplicate on the Bid Proposal forms provided within the specifications. BID SECURITY must accompany each Bid, and must be in the form of an AIA Document A310 Bid Bond, properly executed by the Bidder and by a qualified surety, or a certified check or a cashier's check, drawn on any bank authorized to do business in the State of Florida. Bid Security must be in the sum of not less than Five Percent (5%) of the total amount of the bid, made payable to Indian River County Board of County Commissioners. In the event the Contract is awarded to the Bidder, Bidder will enter into a Contract with the 00100 - Advertisement 00100-1 R\EngineeringZapital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Bid Documents\00100 -Advertisement.doc County and furnish the required 100% Performance Bond and 100% Payment Bond within the timeframe set by the County. If Bidder fails to do so, the Bid Security shall retained by the County as liquidated damages and not as a penalty. Please note that the questionnaire must be filled out completely including the financial statement. The County reserves the right to delay awarding of the Contract for a period of sixty 60 days after the bid opening, to waive informalities in any bid, or reject any or all bids in whole or in part with or without cause, or to accept the bid that, in its judgment, will serve the best interest of Indian River County, Florida. The County will not reimburse any Bidder for bid preparation costs. A Pre -Bid Conference will be held on Sept. 24, 2008 at 10:00 AM, in conference 303 in Building "A" of the Indian River County Administration Building located at Street, Vero Beach, Florida, 32960, ATTENDANCE AT THIS CONFERENCE BIDDERS IS HIGHLY ENCOURAGED, INDIAN RIVER COUNTY By: Jerry Davis Purchasing Manager For Publication in the Vero Beach Press Journal Date: Sept. 5, 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 * * 00100-2 F:\Engineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Bid Documents\00100 - Advertisement.doc room A1- 1800 27th BY ALL 00100 - Advertisement TABLE OF CONTENTS Section No. Title IVISION 0 - BIDDING DO CONTRACT 00001 Cover Sheet 00010 Table of Contents BIDDING DOCUMENTS 00100 00200 00300 00310 00430 00452 00454 00456 00458 ENTS. CONT Advertisement for Bids Instructions to Bidders Bid Package Contents Bid Form & Itemized Bid Schedule AIA Document A310 Bid Bond C1 FT Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships Sworn Statement under the Florida Qualifications Questionnaire List of Subcontractors CONTRACT FORMS Trench Safety Act 00510 Notice of Award 00520 Agreement 00550 Notice to Proceed 00610 Performance Bond 00612 Payment Bond 00620 Sample Certificate of Liability Insurance 00622 Contractor's Application for Payment 00630 Certificate of Substantial Completion 00632 Contractor's Final Certification of the Work 00634 Professional Surveyor and Mapper's Certification as to the Elevations and Locations of the Work FT 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions 00942 Change Order Form 00946 Field Order Form 00948 Work Change Directive 00010-1 F:\Engineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Bid Documents\00010 - Table of Contents -REV 04-07.doc DIVISION 1 =GENERAL REQUIREME 2 - APPENDIX A - PERMITS B - CHAPTER 4, BEST C - CHAPTER AS BUIL - FEDE IST + + END OF TABLE OF CONTENTS + + 00010-2 F:\Engineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Bid Documents\00010 -Table of Contents -REV 04-07.doc SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No. - Title Page ARTICLE1 - DEFINED TERMS.............................................................................................1 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS................................................................1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS......................................................................1 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, ANDSITE...................................................................................................................2 ARTICLE5 -PRE-BID CONFERENCE..................................................................................4 ARTICLE 6 - SITE AND OTHER AREAS..*""" meopebeed ..................... 4 ARTICLE 7 goo INTERPRETATIONS AND ADDENDA..............................................................4 ARTICLE8 -BID SECURITY.................................................................................................5 ARTICLE 9 - CONTRACT `TIMES.,,,',,,',,", 5 ARTICLE 10 - LIQUIDATED DAMAGES................................................................................5 ARTICLE 11 -SUBSTITUTE AND "OR -EQUAL" ITEMS,,.".......".. ...... 0 ........ 6 ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS.......................................6 ARTICLE13 - PREPARATION OF BID.................................................................................. 6 ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS................................................"I.......7 ARTICLE 15 - SUBMITTAL OF BID.""",,, ... 1..118 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID................................................8 ARTICLE17 - OPENING OF BIDS.,. 4 oe*.t ,,gone"* ................ a ...................................... 8 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE ...................................1.111... 9 ARTICLE19 - AWARD OF CONTRACT................................................................................ 9 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE...." I .... 1111.110 ARTICLE 21 - SIGNING OF AGREEMENT,.,,,,,,.,,,,,,";* ......................................................... 10 00200 - Instructions to Bidders REV 04-07 00200 - i FAEngineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Bid Documents\00200 - Instructions to Bidders REV 04-07.doc SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) Subject Article Award of Contract...".,,',, all. a a ... ............................ ............................................19 ......................... Basis of Bid; Evaluation of Bids ... ........ ...................................................................14 .................. BidSecurity................................................................................................................................8 Bids to Remain Subject to Acceptance.....................................................................................18 Contract Security and Insurance...............................................................................................20 Contract Times......................................9 ............................................. Contracts to be Assigned ............. ...........24 ..................................... Copies of Bidding Documents.. ............... ........................ 2 Defined Terms ...................1 ................................................................................ Examination of Bidding Documents, Other Related Data, and Site.............................................4 Interpretations and Addenda... ... I,.,, .... 1"..17 LiquidatedDamages.........,...,. .... **..*..be@ ............................ 0 ....................... 0 .................... "I'll ... 1110 Modification and Withdrawal of Bid..................................................16 ......................................... Opening of Bids...............17 .................................................................................... Partnering .................................. 25 ............................................................................................... Pre -Bid Conference............ """""""""""5 .............................................................................. Preparationof Bid.....................................................................................................................13 Qualificationsof Bidders.............................................................................................................3 Retainage..............23 ................................................................................................................... Salesand Use Taxes................................................................................................................22 Signing of Agreement............ ........ # ... as ... ................ 21 Siteand Other Areas..................................................................................................................6 Subcontractors, Suppliers and Others......................................................................................12 Submittalof Bid........................................................................................................................15 Substituteor "Or -Equal' Items..................................................................................................11 00200 - Instructions to Bidders REV 04-07 00200 - ii FAEngineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Bid Documents\00200 -Instructions to Bidders REV 04-07.doc SECTION 00200 = Instructions to. Bidders ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder --The individual or entity who submits a Bid directly to OWNER. B. Issuing Office --The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. C. Successful Bidder --The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents, 2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within five days of OWNER's request Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below. A. Bidder must have at least five 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 REV 04-07 00200-1 FAEngineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Bid Documents\00200 -Instructions to Bidders REV 04-07.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 REV 04-07 00200-2 FAEngineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Bid Documents\00200 - Instructions to Bidders REV 04-07.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 (Michael D. Nixon, P.E. 772-226-1986)1 OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of any other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; B. VISIT THE SITE AFTER CONTACTING THE ENGINEER (MICHAEL D. NIXON, P.E., (772) 567-8000, EXT. 1986) TO MAKE ARRANGEMENTS IN ADVANCE, AND BECOME FAMILIAR WITH AND SATISFY BIDDER AS TO THE GENERAL, LOCAL, AND SITE CONDITIONS THAT MAY AFFECT COST, PROGRESS, AND PERFORMANCE OF THE WORK; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work; D. carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions; E. obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (overhead, surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; 00200 - Instructions to Bidders REV 04-07 00200-3 R\Engineering\Capital Projects\0216-12th Street Between 16th Avenue and 111th Place\0216 Bid Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05101 G. become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 The date, time, and location for a Pre -Bid conference, if any, are specified in the Advertisement for Bids. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents. Questions received 00200 - Instructions to Bidders REV 04-07 00200-4 FAEngineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Bid Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05101 less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, deemed advisable by OWNER or ENGINEER. correct, or change the Bidding Documents as ARTICLE 8 - BID SECURITY 8.01 Each Bid must be accompanied by Bid Security made payable to Owner in an amount of five percent of the Bidder's maximum base bid price and in the form of a certified check; cashiers check; or an AIA Document A310 Bid Bond issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. The Bid Bond shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. The Surety must be authorized to issue surety bonds in Florida. The Bidder shall require the attorney-in-fact who executes any Bond, to affix to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida. Further, at the time of execution of the Contract, the Successful Bidder shall for all Bonds, provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304-9308. The Surety shall also meet the requirements of paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be retained by owner. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. 8.03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of calendar days within which, or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 00200 - Instructions to Bidders REV 04-07 00200-5 F:\Engineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Bid Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 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 REV 04-07 00200-6 F:\Engineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Bid Documents\00200 -Instructions to Bidders REV 04-07.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 venturor in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. 13.10 The address and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number or county registration number for the state or county of the Project, if any, shall also be shown on the Bid form. 13.12 All supporting information requested in the Bid Form must be furnished. Do not leave any questions or requests unanswered. ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 00200 - Instructions to Bidders REV 04-07 00200-7 F.\Engineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Bid Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05101 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, 1801 27th Street, Vero Beach, Florida, 32960, ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 - OPENING OF BIDS 00200 - Instructions to Bidders REV 04-07 00200-8 F:\Engineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Bid Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 - AWARD OF CONTRACT 19.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non -responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs. Owner reserves the right to cancel the award of any Contract at any time before the execution of such Contract by all parties without any liability to the Owner. For and in consideration of the Owner considering Bids submitted, the Bidder, by submitting its Bid, expressly waives any claim to damages, of any kind whatsoever, in the event the Owner exercises its right to cancel the award in accordance herewith. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. It is the OWNER Is intent to accept alternates (if any are accepted) in the order in which they are listed on the Bid form, but OWNER may accept them in any order or combination. 19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. 00200 - Instructions to Bidders REV 04-07 00200-9 F:\Engineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Bid Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 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. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within fifteen (15) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. 21.02 OWNER shall return one fully signed counterpart to Successful Bidder. 21.03 Should Bidder to whom the Contract has been awarded refuse or fail to complete the requirements of Article 21.01 above, the additional time in calendar days, required to correctly complete the documents will be deducted, in equal amount, from the Contract time. Or, the OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred, and the Contract may be awarded as the OWNER desires. * * END OF SECTION * * 00200 - Instructions to Bidders REV 04-07 00200-10 F:\Engineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Bid Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 SECTION 00300 = Bid Package Contents THIS PACKAGE CONTAINS: SECTION TITLE Bid Form AIA Document A310 Bid Bond Sworn Statement on Disclosure of Relationships Sworn Statement Under the Florida Trench Safety Act General Information Required of Bidders List of Subcontractors SECTION NUMBER 00310 00430 00452 00454 00456 00458 SUBMIT TWO (2) COPIES OF THIS COMPLETE PACKAGE WITH YOUR BID * * END OF SECTION * * 00300 - Bid Package Contents 003001 F:\Engineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Bid Documents\00300 -Bid Package Contents.doc PROJECT IDENTJFICATION: Project Name: SECTION 00310 - Bid Form Place County Project Number: 0216 Project Address:12 S Place Project Description: THIS BID IS SUBMITTED TO: 1.01 The undersigned Bidder Agreement with OWNER in as specified or indicated in indicated in this Bid and in Documents. 1360 SW Old Dixie Hwy Suite; 106 Verb -Beach, f: L 32962'" " th The Proiect consists of constructing a 6' wnicn includes drainage improvements INDIAN RIVER COUNTY PURCHASING DIVISION 180027 th Street, Bldg. "B" VERO BEACH, FLORIDA 32960 proposes and agrees, if this Bid is accepted, to enter into an the form included in the Bidding Documents to perform all Work the Bidding Documents for the prices and within the times accordance with the other terms and conditions of the Bidding 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that. Bidder may agree to in writing upon request of OWNER. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged. Addendum Date Addendum Number B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing 00310-1 74 mode e4aftad&O". 1360 SW Old -Dixie Hwy. Swte'106 Veto: Beach, .FL 3 2' 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 ITEMIZED BID SCHEDULE REVISED 10-1048 *1014 1 1360 Bid Number 2008081 SW Otd°flixie Hx�ry � b -T NAME: 0216 12th Street Sidewalk 16th Ave. to 11th PL.) Verb.$1=L32each, 9 BIDDER'S NAME- -- n `� Cern s�c� he item No Descri tion 1 104-1 1 11 1 425- 11 1 74-1 174-1 1 -1 Unit-`-Quahti Unit Price Amount C % MOBILIZATION LS 1 U G` U l2 ar MAINTENANCE OF TRAFFIC LS 1�y EROSION & WATER POLLUTION CONTROL LS 1 AS-BUILTS a' - LS 1 00 N.P.D.E.S. PERMITTING LS CLEARING & GRUBBING LS 1 its EXCAVATION AND EMBANKMENT LS 48 CEMENTED COQUINA SHELL BASE GROUP 11 12" TWO LIFTS SY 154 Otss SUPERPAVE ASPHALTIC CONCRETE SP -9.5 1%i' SY 149 Ioco 0v I LI `L 010 24"x24" CATCH BASIN WITH TYPE 4167-6235 COVER EA 1 vZ a I�J CID INLET TYPE "C" EA 11 - " (C� .3 MANHOLE TYPE P-7 ALT. A EA 1 NOD [z L Ll CD BITUMINOUS COATED CORRUGATED METAL PIPE (1211) (16 1 GAUGE)LF 1,124 o- i (PSI BITUMINOUS COATED CORRUGATED METAL PIPE (15") (16 ��I o.0 S I D IA GAUGE)LF 15 BITUMINOUS COATED CORRUGATED METAL PIPE (18") (16 i 113 GAUGE LF 4 ^l lrD`� Sb 1 MITERED END SECTION (1211)SD EA 7 CONCRETE SIDEWALK 6" THICK SY 9932 i 03 SODDING BAHIA SY 3023 ( LI3Crr7 -- SINGLE POST SIGNS R1-1 STOP WITH STREET SIGN D-3 EA 4 00310-3 u ,` v -~ je ITEMIZED BID SCHEDULE SW Old" Dixie Henry, Sujte;106 REVISED 10-10-08 1360 Bid Number 2008081 Veto fL 3296-ROJECT -Beach, NAME: 0216 12th Street S' ewalk (16th Ave. to 11th PL.) BIDDER'S NAMEE �,f Q item No. Descri tion =^ Ulit • 0 uantitv. Unif•:Price Amount. 711-11-123 12" SOLID WHITE THERMOPLASTIC)3� LF 289 00 711-11-125 24" SOLID WHITE THERMOPLASTIC LF 63 Od / Cho lA 3 711-11-221 SOLID TRAFFIC STRIPE DOUBLE YELLOW THERMOPLASTIC LF 150 oo 1643-700 VALVE BOX/ VALVE PAD ADJUSTMENTEA 5 15 0 fv� C.0 I)� 1644-800 FIRE HYDRANT �n RELOCATION EA 1 12TH STREET SIDEWALK SUB TOTAL LS = Lump Sum LF = Linear Foot EA = Each SY = Square Yard TN = Ton PROJECT NAME: 12th STREET SIDEWALK BIDDER'S NAME: I i vro T*C ne N _ SUB -TOTAL: $ l a Q , LitI SUB -TOTAL AMOUNT OF BID (IN WORDS) _Orw, I'l.l. VlCLk QCi ` u.).e it W lPCO&UC &ctUUYU J6-Uc)"wcw oYw FORCE ACCOUNT: $ 20 000 00 FORCE ACCOUNT (IN WORDS): TWENTY THOUSAND DOLLARS AND NO CENTS i Ll Ll Li I Q I TOTAL BID AMOUNT: $ TOTAL BIDAMOUNT(IN WORDS): La hicUL is U rl [Q-- u --{-'}y ua/o kocl ' r ' lJ�-'�CiViSL] </ 1 lC:t �-� .✓I.Q a'o &17 1360 SW Old Dixie Hwy Suite 106 Ve o aeh; FLBidder shall complete the Work in accordance With the Contract Documents for the price(s) contained in the Itemized Bid Schedule: A. The Discrepancies between the multiplication of units of Work and unit pricos 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 11.03.6 of the General Conditions, 6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14.07.6 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of�� veld B. A tabulation of Subcontractors, Suppliers [and other] individuals and entities required to be identified in this Bid; C. Statement of Public Entity Crimes; D. Sworn Statement under Section 105.08, of Relationships; Indian River County Code, on Disclosure E. Sworn Statement Under the Florida Trench Safety Act; F. General Information Required of Bidders; G. List of Subcontractors; and H. Itemized Bid Schedule. 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. %� y' ,erode (�a cts�ca tt ZINC& 1360$W Old Dixie H.wy Suite 106 Ve.ro,Beach-,TL 32962 SUBMITTED on 'p a 20tN State Contractor License No. If Bidder is: A Corporation Corporation Na State of Incorpo Type (Generali By: Narr Title Atte: me: l rc. - �� � t7i1 (SEAL) ratinn- 4 isiness, Professional, Service, Limited Liability): CrAAJACAS -- attacn evidence of authority to sign) iness address: V 40 MI"N Xo*; 4(, M eW Phone No.: ni Date of Qualification to do business is FAX No.: * * END OF SECTION * * �. I ORATE SEAL) THE AMERICAN INSTITUTE OF ARCHITECTS ALA Document A310 Bid Bond BOND# BB02068 KNOW ALL MEN BY THESE PRESENTS, that we Timothy Rose Contracting, Inc. 1360 SW Old Dixie Hwy., Ste 106 (Rom inunM,am,"d,d&*&SQrkwltide pf wr) Vero Beach, FL 32962 as Principal, hereinafter called the Principal, and Developers Surety and Indemnity Company a corporation duly organized under the laws of the States of ;I owa as Surety, hereinafter called the Surety; are held and firmly boundunto Indian River County Board of County Commissioners 1800 27 Street, Vero Beach, FL 32960 t�i�ltW AWa or orot telpi as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid -Dollars ($ 50A), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 6' concrete sidewalk along the north right of way line of 12 street from 16 Avenue to 11 Place utero i oat N name, ad&m and description of p%iacs) NOW, THEREFORE, if the Obligee shall.accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as maybe specified in thebidding or Contract Documents with good and sufficient surety for the faithful performance of such. Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty.hereofbetween the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and affect. Signed and sealed this 8 day of October 2008 iNS1111 F OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGCON, D.0 20006 1 WARNING: Unlicensed photocopying violates US, copyright taws And is subject to legal prosecution. pany BB 0 2 0 0 8 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, do each, hereby make, constitute and appoint: ***Robert Barra*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the altorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1 st, 2008. By:atit�Ntl11r11k�� e AN �i ' Ilk Stephen T. Pate, Senior Vice President t�JQ".�' ;0&:7 Fait a Charles L. Day, Assistant Secretary State of California County of Orange OCT: 10 1936 On January 1st, 2008 before me, Christopher J Roach Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T Pate and Charles L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized CHER I capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OW # 174'SW9 oRY PUBLIC t AW I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is ORANGE Cf* LINTY true and correct. WITNESS my hand and Place Notary Seal Above Signature A4:711itdc\to J. Roach The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attomey remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attomey, are in force as of the date of this Certificate. By: This Certificate is executed in the City of Irvine, California, the 8 day of October 2008 Albert Hillebrand, Assistant ID-1438(Wet)(Rev.10111) SECTION 00452 DISCLOSURE OF RELATIONSHIPS 1360 SW 01d Dixie Hwy Suite 106 Vero Beach, FL 32962 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.4 (tea 1(92 for 12th Street Sidewalk from 16th Ave to 11th PI. H This sworn statement is submitted by: sworn statement) business address is: (if applicable) its Federal Employer Identification Number (FEIN) is to% 0 and 2. My name is M0 T `r � (Please print name of in vldual signing) and my relationship to the entity named above is iR Esa'D�3T 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. 00452 - Disclosure of Relationships REV 04-07 00452-1 %i�auuy �oee eaxt�cactlor y, �Ke. 1360 SW Old Dixie Hwy Suite 106 Vero Beach, FL 32962 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: lob IS—al)c)% (date) STATE OF 1f -- COUNTY OF 10 r`i-IIkJ (K11U &R Personally appeared before me, the undersigned authority, 1 t yyy) who fter first bein sworn by me, affixed his/her signature in the space prov ed above on this JZ5+FFN day of C)CZ,1n 6EY0s, 1 2008 . My Commission Expires: Name of Affiliate or Entity Name of County Commissioner or employee Relationship 1. 2. 00452-2 3. 4. 5. F \Fnnin eorinn\!'anflal Prniaric\n5FI F -19th 6. Ratw>^n 1Rih G..cnno 7. 0:A n__.....__•_•nn.cn 8, lob IS—al)c)% (date) STATE OF 1f -- COUNTY OF 10 r`i-IIkJ (K11U &R Personally appeared before me, the undersigned authority, 1 t yyy) who fter first bein sworn by me, affixed his/her signature in the space prov ed above on this JZ5+FFN day of C)CZ,1n 6EY0s, 1 2008 . My Commission Expires: END OF SECTION 00452 - Disclosure of Relationships REV 04-07 GLORIA J. KUZMICK 00452-2 MY COMMISSION Y DD 119964 EXPIRES May 26.2009 F \Fnnin eorinn\!'anflal Prniaric\n5FI F -19th Bonded Thru NotaN Pudic Underwdlere Ratw>^n 1Rih G..cnno e...i 1111. 0:A n__.....__•_•nn.cn END OF SECTION 00452 - Disclosure of Relationships REV 04-07 00452-2 F \Fnnin eorinn\!'anflal Prniaric\n5FI F -19th RIrPAf Ratw>^n 1Rih G..cnno e...i 1111. 0:A n__.....__•_•nn.cn --- •.:-- n. .....-. -- 74*w4 Rade Iadr�taetucg, %rc. 1,360 SW Old Dixie Hwy Suite 106 Vero Beach, FL 32962 SECTION 00454 - Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO FOR THE EXCAVATION REPRESENTATIVE, IN THE ADMINISTER OATHS. WORK ("BIDDER"), PRESENCE OF A NOTARY WILL BE RESPONSIBLE OR ITS AUTHORIZED PUBLIC AUTHORIZED TO 1. This Sworn Statement is submitted with Project No. 0216 for 12th Street Sidewalk from 16th Ave to 11th PI 2. 3. 4. 5 lei This Sworn Statement is submitted by ISIWO auomaung %.-.)worn waiemeni) BIDDER's Federal Employer Identification Number (FEIN) is (o50QL8-cA.),4a My name is of Individual Signing) and my relationship to the BIDDER is r 17, (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.sep. 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. 1 0 The BIDDER has allocated and included in its bid the total amount of $`� ut , 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: 14 fVC4 1E- 0-P REPDSP The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness, or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 7) The BIDDER has allocated and included in its bid the total amount of $ `moi t�2 Gt 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: Y,F tr k�j3� 00454 - Florida Trench Safety Act 00454-1 °6~14 Ve, ;'dde G��rtnaet��c . ' 7ccc. 1360 SW Old Dixie Hwy Suite 106 Vero Beach, FL 32962 + 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: ✓�'�� .rte%._ . Position or Title:rZ��(Cl I Date: 1D) I� I awl STATE OF ��t� COUNTY OF _J U D IfgU I Personally appeared before me, the undersigned authority,i ry,Q who after first being sworn by me, affixed his/her signature in the space provided above on this day of ESC c:*NkQ�- , 20 �Di5. My Commission Expires: GLORIA J. KU2MICK MY COMMISSION M DD 719964 EXPIRES. May 26.2009 Bonded Thru Notary Public UndetWete * * END OF SECTION * * 00454 - Florida Trench Safety Act 00454-2 FAEnciineerinalCaoital Profea1F\n716-19th crroor aor,.,00.. +=a n,. .. __.... ..._._ _.. _ 7«aelf#y ;e"e eon q. 9006. 1360 SW Old Dixie Hwy Suite 106 Vero Beach, FL 32962 ECTION 00456 - QUALIFICATIONS QUESTIONNAIRE NOTICE: THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON - RESPONSIBLE BIDDERS, UNDER PENALTY OF PERJURY, the undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained. Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Attach additional sheets as required. Documentation Submitted with Project No: 0216 Project Name: 1 2. eto11thPI, Bidder's Name / Address: Bidder's Telephone & FAX Numbers: 711 �41 %���) ` OC_n_3 3. Licensing and Corporate Status: a. Is Contractor License current? Z b. Bidder's Contractor License No: CGC©5QT40 [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: Qt4 5. What is the last project OF HIS NATURE that the firm has completed? 6. Has the firm ever failed to complete work awarded to you?_ [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which the firm failed to complete the work.] 7. Has the firm ever been assessed liquidated damages? 0A— [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.] h 8. Has the firm ever been charged by OSHA for violating any OSHA regulations? 00456 - Qualifications Questionnaire 00456 - i 9. 7us>Laticy Rade e4oc&4a4W r %.cc. 1360 SW Old Dixie Hwy Suite 106 Vero Beach, FL 32962 [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which OSHA violations were alleged.] Has the firm ever been charged with noncompliance of any public policy or rules? [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. 0. 11. Has the firm ever defaulted on any of its projects? Q [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 curre_`nt �-��C-1 workload and that demonstrates its ability to meet the project schedule. ct 13. Name of person who inspected the site of the proposed work for the firm: Name: t Vv1 Date of Inspections: 17, 4Z QL)r,�T 14. Name of on-site Project Foreman: Loyu-.0d 16eK Number of years of experience with similar projects as a Project Foreman: z?0+ 15. Name of Project Manager: 1 i M rc_70i 'lam Number of years of experience with similar projects as a Project Manager:���' 16. State your bonding capacity? 10 000 QCD 17. State your bonding capacity per job: (C 0 C�-C' -' 18. Please provide Name, address, telephone number, and contact person of your bonding company: 00456 - Qualifications Questionnaire 00456-2 n.....-c......�:....1...- '7aproet y Fade &a4aaet4VO *% c. 1360 SW Old Dixie Hwy Suite 106 Vero Beach, FL 32962 [The remainder of this page was left blank intentionally] 00456 - Qualifications Questionnaire 00456- 3 U N O Nom.. 6L a J_ 0 m 0) C 3 O O w N L Q 0 U #7em4t4 Roae e"azact "t 7Koao 1360 SW Old Dixie Hwy Suite 106 vem bea,h, FL 32962cc 1 �1 0 0 ca or p3 _ _ q Q Lo Oy t4 Q bo �' p o U � LLa L O 0 �o� �, r E r6 O to L RE Z N (D L o Qhim w a cT' a b Pa to O u O ` O e N L o Q� o 3 3� o V � O � m O N u FL 70 jp (/ m E. I� m oE 0 re 00 ev 7Zr 3 w m r CN s L � � a 0 OI a Po U 2 fl c c� 0 7w%aa. 1360 SW Old Dixie Hwy Suite 106 Vero Beach, FL 32962 [NOTE: If requested by the County, the Bidder shall furnish referen6es, and other information, sufficiently comprehensive to permit an appraisal of its * * END OF SECTION * * k�k j 00456 - Qualifications Questionnaire 00456-5 P9Fnnino<rinn\r=nii=t Prninnlc\n91R-171h Clrcnl Rnh.mnn n:A n......___. _.nn. cc-- 7«ic-"e ry Rode edajy ract r '%ac. 1360 SW Old Dixie Hwy Suite 106 SECTION 00458 - List of Subcontractors Vero Beach, FL 32962 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. 0216 for 12th Street Sidewalk from 16th Ave to 11th PI. 2. 3. 4. 5. 6. 7. a 10. 11. 12. 13, 14, 15, 16. 17, Work to be Performed Note: Attach additional sheets if required. Subcontractor's Name/Address Ic - 3 fA� r )P�" \ * * END OF SECTION * * 00458 - List of Subcontractors 00458-1 FAEngineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Bid Documents\00458 - List of Subcontractors.doc www.sunbiz.org - Department of State Home Contact Us E -Filing Services Document Searches Previous on List Next_o_n List Return..T...o List Events No Name History Detail by Entity Name Florida Profit Corporation TIMOTHY ROSE CONTRACTING, INC. Filing Information Document Number S75343 FEI Number 650284242 Date Filed 08/23/1991 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 10/04/2005 Event Effective Date NONE Principal Address 1360 OLD DIXIE HWY SW STE 106 VERO BEACH FL 32962 US Changed 05/13/2003 Mailing Address 1360 OLD DIXIE HWY SW STE 106 VERO BEACH FL 32962 US Changed 05/13/2003 Registered Agent Name & Address ROSE, TIMOTHY W. 1360 OLD DIXIE HIGHWAY SW 106 VERO BEACH FL 32962 Address Changed: 05/06/2008 Officer/Director Detail Name & Address Title P ROSE, TIMOTHY W. 1360 OLD DIXIE HWY SUITE 106 VERO BEACH FL 32962 Title SEC ROSE,RONALD 1360 SW OLD DIXIE HWY #106 Forms Page 1 of 2 Help rT� o_:...., Al '% ......�1.—v'7<IA1P.:.� 1n/1Z/')nnQ www.sunbiz.org - Department of State VERO BEACH FL 32962 Title TREA ROSE, LISA A 1360 SW OLD DIXIE HWY #106 VERO BEACH FL 32962 Annual Reports Report Year Filed Date 2007 10/18/2007 2007 12/05/2007 2008 05/06/2008 Document Ima�c es 05/06/2008 - ANNUAL ,.._R_EPOR. 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N U UW W Vl U D` 00 ON J 00 W A C N W J N O 4= O 00 W J �O Vl ^ N O U w 00 �O W N C` J Vi --• ^ Vl -- U U U Vf W V] J �l J \C y J O J tJ Vi tJ O i= A D\ C J O N 00 A rA w O U A N G` �O O tJ O W O D1 w "lfD G N C — O O J G O w O C C U O D` V. C�) U Q M w O O✓ b7 � W FJi ' p tJ rj ^ 00 J V. ry 00 69 Vi b9 b9 'r9 �D VI 69 �O b9 69 b9 v9 b9 69 64 Elj o9 b9 00 C O O O O O C C `C 0 O G C O C C C C „�„ R Z !f W N C V3 V3 V3 V3 V3 w 00 0 O 00 O ► Vl DD 00 N N N N A w w O O O O P J 00 J UA C: c O ? n c� b b � N 00 00 N � V� A U �o w P 00 U t J -A A W N C V3 V3 V3 V3 V3 w 00 0 O 00 O ► Vl DD 00 0o O� O O A w w 00 A N P ON C O O ? W N C V3 V3 V9 69 V3 w 00 0 O O O V? w A 00 00 0 0 0 .P O W 00 mp�l 4D ON W N C 00 n V3 w 00 0 N O w V? w A O N 69 65 O O O O N ' V3 n V3 O w O N 69 65 V? 'p ON eD A k.: id FA n V3 O N 69 V3 EAw 'p ON rD 00 00 C O V� `p r. �o w 00 U t Y -A A troy J V O O Ir A ? O O O A 'y V' C7 w .. uj w O 00 v n Vi W V3 s9 v� C +- o O TIMOTHY ROSE CONTRACTING, INC. FINANCIAL STATEMENTS DECEMBER 31, 2007 TIMOTHY ROSE CONTRACTING, INC. DECEMBER 31, 2007 CONTENTS • • Accountants' Report 1 Financial Statements: Balance Sheet 2 Statement of Income and Retained Earnings 3 Statement of Cash Flows 4 Notes to Financial Statement 5-9 Supplementary Information: Schedule of Cost of Revenues and Schedule of General and Administrative Expenses 10 Schedule of Completed Contracts 11-12 Schedule of Contracts in Progress 13 Schedule of Total Revenues Earned and Costs 14 CAROL SO$OLOw, C.P.A. MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS CAROL SOxOLOW, C.P.A., P.A. CERTIFIED PUBLIC ACCOUNTANTS SUITE 700, DADELAND TOWERS 9500 SOUTH DADELAND BOULEVARD Board of Directors Timothy Rose Contracting, Inc. Vero Beach, FL M lADII, FLORIDA 33150 cJElway SOgOLOw, C.P.A. TELEPHONE (305) 357-3700 FACSIMILE (305) 421-3381 E-MAIL carol @ sokolowcpa.com jerry@sokolowcpa.com We have reviewed the accompanying balance sheet of Timothy Rose Contracting, Inc. (an S corporation) as of December 31, 2007 and the related statements of operations and retained earnings and cash flows for the year then ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. All information included in these financial statements is the representation of the management of Timothy Rose Contracting, Inc. A review consists principally of inquiries of Company personnel and analytical procedures applied to financial data. It is substantially less in scope than an audit in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with generally accepted accounting principles. Our review was made for the purpose of expressing limited assurance that there are no material modifications that should be made to the financial statements in order for them to be in conformity with generally accepted accounting principles. The information included in the accompanying supplementary information is presented only for supplementary analysis purposes. Such information has been subjected to the inquiry and analytical procedures applied in the review of the basic financial statements, and we are not aware of any material modifications that should be made thereto. U4-� 11� Carol L. Sokolow, C.P.A., P.A. May 20, 2008 TIMOTHY ROSE CONTRACTING, INC. BALANCE SHEET DECEMBER 31, 2007 ASSETS CURRENT ASSETS: Cash $ 53,548 Marketable securities 501316 Contracts receivable 21052,370 Cost and estimated earnings in excess of billings on uncompleted contracts 11,588 Other receivables 17,050 Total Current Assets $ 21184,872 PROPERTY AND EQUIPMENT: Construction equipment 31123,917 Office furniture and equipment 46,091 Vehicles 11095,229 4,265,237 Less: Accumulated depreciation 3,911,043 354,194 OTHER ASSETS: Security deposits 517 LIABILITIES AND STOKHOLDERS' EQUITY CURRENT LIABILITIES: Current portion of long term debt $ 1051955 Accounts payable 693,783 Billings in excess of costs and estimated earnings on uncompleted contracts 54,445 Other payables 81849 Total Current Liabilities $ 863,032 LONG TERM DEBIT: Long term debt, less current portion 150,608 STOCKHOLDERS' EQUITY: Common stock, $1 par value, 500 shares authorized, issued and outstanding 500 Additional paid -in capital 277,897 Retained earnings 1,247,546 1,525,943 Read the accompanying notes and accountants' review report 2 TIMOTHY ROSE CONTRACTING, INC. STATEMENT OF INCOME AND RETAINED EARNINGS FOR THE YEAR ENDED DECEMBER 31, 2007 REVENUES COST OF REVENUES GROSS PROFIT GENERAL AND ADMINISTRATIVE EXPENSES INCOME FROM OPERATIONS OTHER INCOME (EXPENSES): Interest and dividend income Other income Interest expense Loss on disposal of equipment NET INCOME Unrealized loss on available - for sale marketable securities TOTAL COMPREHENSIVE INCOME RETAINED EARNINGS, Beginning of Year LESS STOCKHOLDER DISTRIBUTIONS RETAINED EARNINGS, End of Year $ 61040,008 5,130, 846 909,162 660.721 248,441 22,263 (13,651) (13,009) (4,397) 2441044 (4,593) 239,451 1,052,263 44.168 Read the accompanying notes and accountants' review report 3 TIMOTHY ROSE CONTRACTING, INC. STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 2007 CASH FLOWS FROM OPERATING ACTIVITIES Net Income $ 244,044 Adjustments to reconcile net income to net cash provided by operating activities: Depreciation $ 217,959 Changes in: Decrease in contract receivables 183,822 Decrease in cost and estimated earnings in execess of billings on uncompleted contracts 561147 Increase in other receivables (41986) Decrease in accounts payable (406,511) Decrease in billings in excess of costs and estimated earnings on incomplete contracts (61,253) Increase in other payables 7,931 TOTAL ADJUSTMENTS TO NET INCOME (61891) NET CASH PROVIDED BY OPERATING ACTIVITIES 2371153 CASH FLOWS FROM INVESTING ACTIVITIES: Purchase of property and equipment (178,012) Disposal of property and equipment 61364 Disposal of marketable securities 60,524 Addition of marketable securities (14,948) NET CASH USED BY INVESTING ACTIVITIES (126,072) CASH FLOWS FROM FINANCING ACTIVITIES: Payments on notes payable (182,762) Proceeds from notes payable 1350994 Distributions to stockholder (44,168) NET CASH PROVIDED BY FIANACING ACTIVITIES 90,936 NET INCREASE IN CASH 201145 CASH, Beginning of Year 33,403 CASH, End of Year $ 531548 SUPPLEMENTAL DISCLOSURE Interest paid $ 13,651 Read the accompanying notes and accountants' review report 4 NOTES TO FINANCIAL STATEMENTS TIMOTHY ROSE CONTRACTING, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2007 NOTE 1: SUMMARY OF SIGINFICANT ACCOUNTING POLICIES General Timothy Rose Contracting, Inc. (the "Company") incorporated in Florida and began business in 1991. The Company is engaged in site clearing and paving for commercial projects for private industry and for municipal agencies in Florida. Revenue and Cost Recognition Revenues from fixed price and modified fixed price construction contracts are recognized on the percentage of completion method, measured by the percentage of cost incurred to date to estimated total cost for each contract. Contract costs include all direct materials, direct labor costs, subcontractor costs and those indirect costs related to contract performance, such as indirect labor, contract supervision and support costs, equipment cost allocations, supplies, tools, repairs and depreciation. General and administrative costs are charged to expense as incurred. Changes in job performance, job conditions, and estimated profitability may result in revisions to costs and income, which are recognized in the period in which the revisions are determined. Changes in estimated job profitability resulting from job performance, job conditions, claims, change orders, and settlements are accounted for as changes in estimates in the current period. Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosures of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. Concentration of Credit Risk Financial instruments that potentially subject the Company to credit risk consist principally of cash and contract receivables. During the year, the Company maintained cash balances that exceeded federally insured limits. Iq TIMOTHY ROSE CONTRACTING, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2007 NOTE 1: SUMMARY OF SIGINFICANT ACCOUNTING POLICIES - CONTINUED Cash Equivalents The Company considers securities with maturities of three months or less to be cash equivalents. Marketable Equity Securities The Company has elected to classify its investments in equity securities as available for -sale securities and report them at fair value, with unrealized gain or loss excluded from earnings and reported as a separate component of equity. Under this method, the cost of marketable securities sold is determined on the average cost, method. Depreciation Property and equipment are recorded at cost. Depreciation is provided using accelerated and straight-line methods over the estimated useful lives (5 to 7 years) of the assets. Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized. Expenditures for maintenance and repairs are charged to expense as incurred. Depreciation expense for the current year totaled $307,048. Income Taxes The Company, with the consent of its shareholder, has elected under the Internal Revenue Code to be taxed as an S Corporation. In lieu of corporation income taxes, the shareholder of an S corporation is taxed on the Company's taxable income. Therefore, no provision or liability for federal income taxes has been included in these financial statements. NOTE 2: MARKETABLE SECURITIES Marketable securities consist of available for sale common stock securities with an unrealized holding loss of $4,594 from its cost to fair value. NOTE 3: CONTRACT RECEIVABLES Contract receivables at December 31, 2007, consists of the following: Contracts in progress $1,035,807 Retention 110167563 $2052 370 No allowance for uncollectible accounts has been provided since in management's opinion all accounts receivables are fully collectible. As of May 15, 2008, substantially all of the receivables were collected. He NOTE 4: TIMOTHY ROSE CONTRACTING, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2007 COSTS AND ESTIMATED EARNINGS ON UNCOMPLETED CONTRACTS AND BACKLOG Costs, estimated earnings and billings on uncompleted contracts are summarized as follows: Cost incurred on uncompleted contracts $11086,297 Estimated earnings 1911179 1,277,476 Less: Billings to date 11320,333 (42.8571 These items are included in the accompanying balance sheet under the following captions: Costs and estimated earnings on uncompleted contracts $ 11,588 Billings in excess of costs and estimated earnings on uncompleted contracts (54,445) (42,857 The following schedule summarizes backlog from uncompleted contracts in progress at December 31, 2007: Contract amount $2,570,209 Less: Contract revenue earned to date 11277,476 $1,292,733 TIMOTHY ROSE CONTRACTING, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2007 NOTE 5: LONG TERM DEBT Long term debt at December 31, 2007 consists of the following notes payable which were all collateralized by construction equipment and vehicles: Monthly Interest Maturity Balance Holder Installment Rate Date Due Catepillar Finance $ 11191 4.90% February 2010 $ 29,269 Ford Credit 733 4.98% December 2011 31,847 Hypac Compactor 11126 0.00% August 2008 8,685 GMAC 11096 0.00% December 2012 651757 Case Credit 31483 Prime+ .15% March 2008 121266 Velde Ford 933 3.90% January 2008 862 Sun Trust 11594 6.06% April 2008 73854 Hitachi Credit 713 5.65% January 2011 24,173 Ford Motor Credit 770 2.94% December 2008 91049 Komatsu Financial 988 0.00% January 2008 51929 Ford Credit 895 3.90% December 2011 39,669 Riverside Bank 990 7.25% November 2009 21,203 256,563 Less: Current Portion 105,955 Total $150,608 Maturities of long term debt are as follows: Year ending, December 31, Amount 2008 $105,955 2009 621586 2010 411993 2011 321880 2012 13,149 $256,563 8 TIMOTHY ROSE CONTRACTING, INC, NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2007 NOTE 6: RELATED PARTY TRANSACTIONS The Company leases its office facilities from the stockholder on a month to month basis. Rental expense totaled $12,700 in 2007. NOTE 7: MAJOR CONTRACTS For the year ended December 31, 2007, revenues from the largest five contracts represented 43% of total sales. Of these contracts, the largest contract represented 10% of total revenues. 9 SUPPLEMENTARY INFORMATION TIMOTHY ROSE CONTRACTING, INC. SUPPLEMENTARY INFORMATION FOR THE YEAR ENDED DECEMBER 31, 2007 COST OF REVENUES Depreciation $ 216,093 Direct Payroll 11335,439 Equipment fuel and oil 225,555 Equipment rental 257,369 Equipment repairs 208,002 Insurance and bond expense 222,780 Materials 1,888,264 Other direct costs 80,652 Subcontractors 421,139 GENERAL AND ADMINISTRATIVE EXPENSES: Advertising and promotion $3,689 Auto and truck expense 191672 Bank charges 11241 Bid expenses 76,258 Depreciation 11867 Donations 31260 Dues and subscriptions 35 Entertainment and meals 21915 Insurance 63,909 Licenses and taxes 41,719 Miscellaneous 81610 Office expense 91662 Professional fees 1391854 Postage and delivery 2,501 Rent 121700 Repairs and maintenance 11327 Telephone 44,761 Travel 907 Salaries 225,340 Utilities 494 Read accountants' review report. 10 ti N o C) N Z M Z LuLu Z O m p0g Z W 0 0aw W O ❑ w LU1. 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SUPPLEMENTARY INFORMATION FOR THE YEAR ENDED DECEMBER 31, 2007 Gross Revenue Cost of Gross Profit Earned Revenues Profit Percentage Completed Contract $4,957,326 $4,213,047 $744,279 15.0% Construction In Progress 11082,682 917,799 164,883 15.2% Read accountants' review report 14 GENERAL Public Entity Crimes: Have been removed from the Contract Documents, however on page 00310-11, paragraph 7.01 —.C. Statement of Public Crimes, was inadvertently not deleted from this form. Please ignore this Statement. G September 24, 2008 (Questions, clarifications, corrections and changes): Clarification / Correction: Section 310 pages 1 through 6 including the Itemized Bid Schedule and Division 2 Technical Provisions in the Contract Documents and Specifications shall be amended by replacing the attached Section 310 pages 1 through 6 including the Itemized Bid Schedule revised (10=10- 08) and Division 2 Technical Provisions revised' (10-10-08). Attachments: Section 310 pages 1 through 6 including the Itemized Bid Schedule, Revised 1040-08 Division 2 Technical Provisions, Revised 10-10-08 ADDENDUM NO.1 is submitted b Company Name Name7 I " -- - - - -- ----_� nager (Type / Authorized Signature: Telephone:) Page 2 of 2 Date: lolmia= Fax: Ila SA I M STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 ROSE, TIMOTHY WILLIAM TIMOTHY ROSE CONTRACTING INC 1360 SW OLD DIXIE HIGHWAY #106 VERO BEACH FL 32962 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto wwwvmyfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! (850) 487-1395 AD. OF FLORIDA AD 3 8 2 4 DEPARTMENT OF BUSINESS AND e 0-BRO PROFESSIONAL REGULATION CGCO52940 06/20/08 07816971 CERTIFIED GENERAL CONTRACTOR ROSE, TIMOTHY WILLIAM TIMOTHY ROSE CONTRACTING INC IS CERTIFIED under the provisions of Ch.469 Expiration date, AUG 31, 2010 L0806200091' �, DETACH HERE AD 3821'1398 .9T'AT8- 0P FLORIDA DEPARTMENT OF � xI1tS AND PROFESSIONAL REGULATION T 4 CONSTKUN I�US.TRY LICENSING BOARD D ; LICENSE SEQ# L08062000 06/20/2008 1078169700 �CGC0594Q' The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter4��;`FS;:.. Expiration date: AUG 311 2010 ROSE, TIMOTHY WILLIAM TIMOTHY ROSE CONTRACTING TT4" 120 43RD AVE SW trrpn Qwbru RT. 047.4A6) BOARD OF COUNTY COMMISSIONERS November 4, 2008 Timothy Rose Contracting Attn: Mr. Timothy Rose 1360 SW Old Dixie Hwy, Suite 106 Vero Beach, FL 32962 NOTICE OF AWARD Reference: Indian River County Bid No. 2008081 12'h Street Sidewalk (16`x' AV to 11th A P) Dear Mr. Rose: M I am pleased to inform you that on November 41 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. ($140,441.91) 2. Payment Bond in the amount of 100% of the contract amount. ($140,441.91) 3. Certificate of Insurance must name Indian River County as an additional insured and must provide for a 30 day Notice of Cancellation. In accordance with section 255.05(1)(a), Florida Statutes, you are required to execute a Performance Bond and a Payment Bond for the above referenced project. Please submit the Bonds and the Certificate of Insurance to this office at the address provided below no later than November 18, 2008. Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award. In addition, enclosed are two (2) copies of the Agreement. PLEASE EXECUTE BOTH COPIES AND i2wrinDw 'f' wxx t7/rTrr ... _ T..-.._.. . -- -- _- - _ _ INSURANCE TO THIS OFFICE Thank you for your prompt attention and if you have any questions, please do not hesitate to contact this office. Sincerely, Jerry Davis, Purchasing Manager cc: Michael D. Nixon, P.E., Roadway Production Manager, Engineering General Services Department• Purchasing Division 1800 27`b Street, Vero Beach, Florida 32960•(772) 567-8000 Ext 1416•Faa: (772) 770-5140 E-mail: purchasing Ca ircgovcom SECTION 00520 = Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE1 -WORK................................................................................................................. ARTICLE2 - THE PROJECT..................................................................................................................2 ARTICLE3 - ENGINEER........................................................................................................................2 ARTICLE 4 on CONTRACT TIMES.,. 2 ................................................. ARTICLE 5 - CONTRACT PRICE ............................. ......................3 ................................................... ARTICLE 6 - PAYMENT PROCEDURES..............................................................................................3 ARTICLE 7 - INDEMNIFICATION........................................................................................................5 ARTICLE 8 on CONTRACTOR'S REPRESENTATIONS......................................................................5 ARTICLE 9 - CONTRACT DOCUMENTS ........................................... 6 ........................ ARTICLE 10 a MISCELLANEOUS ........................ 00520-1 Agreement.doc F:\Purchasing\Bids\2007.2008 FY (2008000)\2008081 12th ST Sidewalk Construction 16th AV to 11th PUAgreement.doc SECTION 00520 = Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER/COUNTY) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents, The Work is generally described as follows: mainia(nea pv inaian haver county, Fioncia. 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: 12th Street Sidewalk from 16th Ave to 11 th Ave. County Project Number: 0216 Project Address: 12th Street Sidewalk from 16th Ave to 11th Ave. 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 Agreement.doc F:\Purchasing\13ids\2007-2008 FY (2008000)\2008081 12th ST Sidewalk Construction 16th AV to 11th PLVAgreement.doc 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 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $ 580.00 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 $ 580.00 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 5.01.8, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:: Numerical Amount: $ Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments 00520-3 Agreement.doc FAPurchasing\Bids\2007-2008 FY (2008000)\2008081 12th ST Sidewalk Construction 16th AV to 11th PLVipreement.doc 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. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. 00520-4 Agreement.doc F:\Purchasing\Bids\2007-2008 FY (2008000)\2008081 12th ST Sidewalk Construction 16th AV to 11th PL\Agreement.doc A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds, ARTICLE 7 = INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract, ARTICLE 8 = CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions, E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 00520-5 Agreement.doc F:\Purchasing\Bids\2007-2008 FY (2008000)\2008081 12th ST Sidewalk Construction 16th AV to 11th PLVlgreement.doc 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. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9); 2, Performance Bond (pages 00610-1 to 00610-5); 3. Payment Bond (pages 00612-1 to 00612-5); 4. General Conditions (pages 00700-1 to 0070045); 5. Supplementary Conditions (pages 0080-1 to 0080-8); 6. Specifications as listed in the table of contents of the Project Manual; 7. Drawings consisting of a cover sheet and sheets numbered 1 through 17, & SW1 eeeeeeeee throughtSW2 inclusive_ with+eachmsheet bearing the following general title: 12"' Street 8. Addenda (numbers to , inclusive); 9. Appendices to this Agreement Appendix A — Permits Appendix B - Best Management Practices Appendix C — AS Built Record Survey Appendix D — Federal Required Contract Provisions 10. Notice to Proceed (Page 1, inclusive) 11. CONTRACTOR'S BID (pages 1 to 8, inclusive) 12. Bid Bond (pages 1 to 4, inclusive), Qualifications Questionnaire (page 1 to 4, inclusive), List of Subcontractors (page 1 inclusive). 13. Statement of Public Entity Crime. 00520-6 Agreement.doc F:\Purchasing\Bids\2007-2008 FY (2008000)\2008081 12th ST Sidewalk Construction 16th AV to 11th PLWgreement.doc 14. Sworn Statement Under the Florida Trench Safety Act (pages 1 to 2, inclusive) 15. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 1 to 2, inclusive) 16. 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). 17. 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 parry hereto, its partners,' successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract 00520-7 Agreement.doc FAPurchasing\Bids\2007-2008 FY (2008000)\2008081 12th ST Sidewalk Construction 18th"to 11th PLAgreement.doc 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 NOTE TO USER 1. Insert other provisions here if applicable. [The remainder of this page was left blank intentionally] 00520-8 Agreement.doc F:%Purchasinq\Bids\2007-2008 FY (2008000)\2008081 12th ST Sidewalk Construction 16th AV to 11th PL\Agreement.doc V IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on November 4 , 2008 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER• , CONTRACTOR, INN'&iI l�tl�/ R rrni inFTJ ` _ Bj: By: m APPROVED SUFFICIEN( By: AS TO FORM AND LEGAL G. Collins, II, County Attorney Jeffrey K. Barton, Clerk of Court Attest: NRS- 'N Deputy Clerk (SEAL) Designated Representative: Name: Christopher J. Kafer Jr.. P, Es Title: County Engineer 1801 27th Street Vero Beach, Florida 32960 (772) 226-1221 Facsimile: (772) 778-9391 Attest Address for 13(Do C>1( (c;ontractor) RATE SIA: -L) License No. CG; CO lk- L/ (Where applicable) Agent for service of processe YYl Designated Rep Name: Title: I Address: 13�r Phone: 'I'l O Facsimile: (if CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) **END OF SECTION** Agreement.doc FY (2008000)\2008081 12th ST Sidewalk Construction 16th AV to 11th PL\Agreement.doc F:\Purchasing\Bids\2007.2008 00520-9 SECTION 00550 - Notice to Proceed Dated [Certified Mail -m Return Receipt Requested] TO: (BIDDER) ADDRESS: Contract For: (Insert name of Contract as it appears in the Contract Documents) Project: 12th Street Sidewalk from 16th Avenue to 11th Place OWNER's Contract No. 2008081 You are notified that the Contract Times under the above contract will commence to run on By that date, you are to start performing your obligations under the Contract Documents. The contract has allocated 150 days for the completion of this project. In accordance with Article 4 of the Agreement the date of Substantial Completion is 120 and the date of readiness for final payment is 150. 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) VED NER) By: (AUTHORIZED SIGNATURE) 00550 - Notice to Proceed 00550-1 FAEngineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Bid Documents\00550 - Notice to Proceed.doc Rev. 05/01 (TITLE) END OF SECTION 00550 - Notice to Proceed 00550-2 F.\Engineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Bid Documents\00550 -Notice to Proceed.doc Rev. 05/01 1959314 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2304 PG:799, Papel of 11 11 /19/2008 at 10:46 AM, JEFFREY K BARTON, CLERK OF COURT �• :�ow 014U1 153AASErmt) THIS IS THE FRONT PAGE OF THIS PERFORMANCE AND PAYMENT BOND ISSUED IN COMPLIANCE WITH CHAPTER x255.05 FLORIDA STATUTES. BOND NO. CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTOR PHONE NO. SURETY COMPANY: OWNER NAME: OWNER ADDRESS: OWNER PHONE NO. OBLIGEE NAME:(If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO. BOND AMOUNT: CONTRACT NO. (If Applicable) DESCRIPTION OF WORK: PROJECT LOCATION: LEGAL DESCRIPTION: (ALL OTHER BOND PAGES ARE DEEB PAGE NUMBERS THAT MAY BE PRE - 534746P 1/ I gG r 'J V Y-/ O V V Developers Surety and Indemnity Company 150 South Pine Island Road, Ste 510 Plantation, FL 33324 (954)693-0270 Board of County Commissioners Indian River Count 1800 27 Street Vero Beach FL 32960 567-80 0 $1 40 441 .91 12th Street ao Vero Beach FL FRONT PAGE 4ED SUBSEQUENT TO THIS PAGE REGARDLESS OF ANY PRINTED THEREON) Bond .e 5 3 4 7 4 6 P SECTION 00610 • Performance Bond KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we. Timothy Rose Contracting, Inc. (Contractor), ' (Insert name, principal buslness address, and telephone number of Principal/Contractor) and Developers Surety and Indemnity Company 50 South -Pine IsIand Road, Ste 510 Plantation, FL 33-324 9b4 -b93 -0270a corporation as Surety, (Insert name, principal business address, and telephone number of Surety) are held and firmly bound unto the County of Indian River, Florida, 1800, 27th Street, Vero Beach, Florida 32960, (772-567=8000), in the sum of One Hundred Forty Thous a: d Four Hundrebollars ($ 140, 441 • , 1 amounting to o f e to a 1 puce. ora payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and several!y, for the faithful performance of a certain written Contract, dated the _L14' day of og.a..r%. r , 20 0 , entered into between the Principal and the County of Indian River, for: Bond Number: 5 3 4 7 4 6 P Project Name: 12 Street Sidewalk from 16"' Ave to 11th County Project Number: Project Address: 12"' S ih rrnp.rvvemenrs. A copy of said Contract is incorporated herein by reference and is made a part hereof as if f copied herein, NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall in all respects comply with the terms and conditions of said Contract and its obligations thereunder, including all of the Contract Documents therein referred to and made a part thereof, and such alterations as may be made in the Contract Drawings and Specifications as therein provided for, and shall indemnify and save harmless the County of Indian River against and from all expenses, damages, injury or conduct, want of care of skill, negligence or default, including patent infringement on the part of the Principal, his agents or employees, in the execution or performance of said Contract, including errors in the Drawings furnished by the Principal, and further, if the Principal shall promptly make payments to all who supply him with labor and/or materials used directly or indirectly by the Principal in the prosecution of the Work provided for in said Contract, then this obligation shall be null and void; otherwise, the Principal and Surety, jointly and severally, agree to pay the County of Indian River any difference between the sum that the County of Indian River may be obliged to pay for the completion of 00610 • Performance 00610-1 F!lfinpif%WiW..V yi Pm1@te\0218.12Ih 8tree18ehvwn 1" AVEMAe end 1M PIAW210 gid 006unenh%10W10 • P ertorr� w,nd.doe said Work, by contract or otherwise, and any damages, whether direct, indirect, or consequential, including reasonable attorney's fees (including appellate proceedings), which the County of Indian River may incur as a result of the failure of the Principal to property execute all of the provisions of the Contract. AND, the said Principal and Surety hereby further bind themselves, their successors, executors, administrators and assigns, jointly and severally, that they will amply and fully protect the County of Indian River against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same, or his agents or his servants, or the infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise. AND, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications or Drawings accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications or Drawings. AND, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River, IN WITNESS WHr=REQF, the above bound parties executed this instrument under their several seals, this 7 day of November , 200 8 , 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. **W kW W W W W#W*WYew kwlMt*wrtatiw7errYu*s*tss+F*�t+h+l• W*fir V,►V,►*MN W WM W W#�k#WiW##*#*####•k###*####*#-r4#**yes,-fi#+RR+►R+�MM1111, W#IYII [The remainder of this page was left blank intentionally) 00610 - Performance Bond 00810-2 F;16npift*it44& lW Pta* tM216.12M SMpol lBotw " IM AveAm And tip, PLAC"210 bid Pow rnwtaWGG10.14Homnnco bomemG Attest: Secretary N: Timothy Rose Contracting, Inc. Name of BY: Timothy Rose Printed Name President Official Title V:" 4 IS i i , ,,1, 4,4 (Affix Corporat" S �„ 1 - '.rJ __ - _ -_ Tom. .. �. ...rte• •�nY1. /-\V certify that am the Secretary of the corporation named ac Principal in the within bond: that E' ,who signed the Said bond or behalf of the Principal was then of said corporation: that I knom his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealec and attested for and on behalf of Said corporation by authority of its governing body, IN, Secretary ,f�/`v `' TO BE EXECUTED BY CO PORATE SURETY: Developers Surety and rndemniy Cc Surety 150 St, BY: Robert Barra Attorney-In-l`act Name of Local Agency Business Address uth Pine Island 0 ation, FL 33324 Bob Barra Bond; 9373 W. Sample' Coral Springs, [The remainder of this page was left blank intentionally) Performance 00610 a, 3 00610 W 1M- *4 1 M t S°t'e2 0 6 3 0'65 STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Robert Barra , to me welll(nowri who beimbYy rhe firstguly sworn upon oath, Says that he is the attorney-in-fact for the eve oilers e y an azaaaMR3 *:*V nd that he has been at authorized by Attached Power of oltDijX cu a th oregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida, Subscribed and sworn to before me this 7 day of November 0 My Commission Expires, Public, State of Florida N - siapiMiapun ),nd AUMN Z 600Z'9Z APA S38IdX3 MLL 00 0 NOISSIWYYoo,OY � 01?anx r vldoiz) * * END OF SECTION t * 00610 - 4 00610 - Performance Bond F � Capn91 Ptgeels1�21e.1 nh Streel Between 781A Awrn,e ara t ttl► pWOM025e old rx Wff""%=10 • pN�y—'- - • ' . . Bond: 5 3 4 7 4 6 P SECTION 00612 . Payment Bond KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we Timothy Rose Contracting,Inc. 1360 SW Old Dixie �Hwy.r Ste 106 Vero Beach, FT. q?QA9 771 CCA -,onn -- - - (Contractor), (Insert name, principal business address, and telephone number of Principal/Contractor) Developers Surety and Indemnity Company Principal Plantation FL 33324 954-693-0270 as Surety, ' (Insert name, principal business address, and telephone number of Surety) u �1tJV3P4rVl1, are held and firmly bound unto the County of Indian River, Florida, 1800, 27th Street, Vero Beach, Florida 32960, (772-587-8000, in the sum of One tHundreT% p .1� T Sus rl e 'our Hundrq liars ($140, 441. 1 amounting to 100% f�1 @IcT price orrp�a1yment of said sum we bind ourselves, vas, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the � day of A D'fttl&lr20 bk entered into between the Principal and the County of Indian River, for: i �� Bond Number: Project Name; 534746P County Project Number: 0216 Project Address: 12 Street Sidewalk from 18 Ave to 11 ' PI Project Description. The prolect consist of constructing a 6' concrete sidewalk along the north right of wa line of 12 St. from 16m Ave, to i 1 PI. which Includes drainage Improvements, A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein, NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly make payments to all claimants, as herein below defined, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions: 1. A claimant, as defined in Florida Statutes Section 255.05(1), supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal In the prosecution of the Work provided for in the Contract. 2. Florida Statutes Section 256.05 (2002)9 as amended from time to time, together with all notice and time provisions contained therein, is incorporated herein in its entirety by this reference, 00612 -1 00812 -Payment Bond F:1r1fONeWUVJCe0* PM*f MZ1&12th orVeN Betwew 16th AveraA and 114r PlM=W-t$ 8W Doame1tUWW12 .Payment OWol4ac Rt v, QW1 The Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed there under or to the Specifications applicable thereto, shall In any way affect its obligations on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to the work or to the Specifications. The Surety represents and warrants to the County of Indian River that it has a Best's Key Rating Guide, General Policyholder's rating of "A" and Financial Size Category of Class "X". The Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Final Completion as established on the Certificate of Final Completion as issued by the County of Indian River, The Principal and Surety jointly and severally, agree to pay the County of Indian River all %losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that the County of Indian River sustains because of a default by the Principal under the Contract. [The remainder of this page was left blank intentionally] 00012 -Payment Bond 00t3�2 - 2 +�^^ m,InaNeMPlya P(g6M10218-12th Street be~ 10th Avenue and 111h PWO4216 Bid COownenWMO12.peytnen1 Qond.&4 Rev, ow IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, this 7 day of November , 20 0 8, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. [The remainder of this page was left blank intentionally] 00612.3 00612 -Payment Bond F+f..^anserlMPCaWtel ftW9 b216.171h Sheol 9clucnn 161h Avwtic rnw1 i11h PbcgAD*16 IN 0Q*fflwt0M1%i2 -Pvflm4A 4and.dor Row. MM WHEN THE PRINCIPAL_ IS A CORPORATION, Attest; Secretary Timothy Rose Contracting, Inc. Name of Cor pa ation 4' BY. 4r (Affix Corporate S EAL) , F Timothy Rose s Coo. 7, a C) ; 1r%NI4` f Printed Name President *' `#44 Official Title, ,` .., ` a CERTIFICATE AS TO CORPORATE PRINCIPAL I - - JqD rW d h 5ep""' as Principal in the within bond; that= bond on behalf of the Principal was the Secretary corporation named who signed the said Of said corporation: that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed and attested for and on behalf of Said corporation by authority of Its governing body, Secreta ry� (SEAL) [The remainder of this page was left blank intentionally] 11f :• 11. ' .. .fRev.t. t TO BE EXECUTED BY CURPORATE SURETY: qWtneWi ss 000�- STATE OF FLORIDA COUNTY OF INDIAN RIVER Developers Surety and Indemnity Company Corporate Surety 150 Lation, h Pine Island Road, Busi ss d r to an FL 33324 BY. Robear,. �.r :r•. Attorney-In-FactRobert JBarra � Ver� i Bob Barra Name of Local Agency0 f% 0r j y 9373 W. Sample F2(j d,''sAt- .. Business Address Coral Springs, F33�,65 Before me a Notary Public, duly Commissioned, qualified and acting, personally appeared Robert Barra , to me well kno , who bean b me firs duly sworn upon oath, says that he is the attorney -In -fact for the Developers Sirc�ty and and that he has been authorized by Attached Po_w o to execute the foregoing bond on behalf of the CONTRACTOR named therein In favor of the County of Indian Rive dFlorida, Subscribed and swom to before me this 7 day of November ..._, . _ My Commission Expires: Notary PubiiQ, * * END OF SECTION * * of Florida GLORIA J. KUZMIM MY COMM; SION 0 DD 719M EXP qES May26.2009 Bondod'hru Nota^. Pudic Underwmanl 00612 - 5 00612 -Payment Bond �.��. r1QlCepilel P�ojeCU102i8 12tT Som( t3el ween 181h Avenue and 11th Mace{0218 Uid l)oar erni"oi2 •Payment 64W.doe R9v. 05M, 534746P POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expresslylimited, DEVELOPERS SURETY AND INDEMNITY COMPANY, do each, hereby make, constitute and appoint: ***Robert Barra*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney: RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. By: �� AND of Stephen T Pate, Senior Vice President 4$ ZiLP0R y°str` Charles L. Day, Assistant Secretary State of California County of Orange OCTS 10 1930 On January 1st. 2008 before me, Christopher J. Roach Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Da Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that heishe/they executed the same in his/her/their authoozed4 I� capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behao f #CHRISTOPHfid, ROACHR which the person(s) acted, executed the instrument. r, w; COWNCfiA1RY PUIiG CACiFt?ANiA°`, ; GM °14 J) + t Ct�311VTY 1 an e under PENALTY OF PERJURY under the laws of the State of California that the ptc rig P*.9 igra frls true and correct. � •.-*�'+� ' .�-*' r, Place Notary Seal Above WITNESS my hand and Signature Chrypt Weir J. Roach W ' ` CERTIFICATE �t4 The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attorney remains,%,I force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attomey, .. in; ' force as of the date of this Certificate. , ?t.; This Certificate is executed in the City of Irvine, California, the 7 day of November 2008 Albert Hillebrand, Assistant ID-1438(Wet)(Rev.10/11) ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID TJ DATE(MMiDDIYYYY) PRODUCER TIMOR -1 11 06 / 08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Stuart Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3070 S W Mapp HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Palm City FL 34990 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_ Phone:772-286-4334 Fax:772-286-9389 INSURED INSURERS AFFORDING COVERAGE NAIC # INSURER A: Harleysville Insurance Group Timothy Rose Contracting, Inc. INSURER 8: BridgeLield Employers Ins. Co. & Haulin Trash Inc. INSURER C: 1360 Old Dixie Hwy SW Vero Beach FL 32912 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. RUM TYPE OF INSURANCE POLICY NUMBER DATE MMIDD DATE MM/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $110001000 A X COMMERCIAL GENERAL LIABILITY GL00000049465A 06/06/08 06/06/09 PREMISES Faaooccurence) $ 100,000 E7 CLAIMS MADE F OCCUR MED EXP (Any one person) $5,000 — — PERSONAL 8 ADV INJURY $ 1 r 000 , 000 L --J •10 DAYS NOTICE NON -PAY GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY JE LOC AUTOMOBILE LIABILITY AIBA00000049464A 06/06/08 06/06/09 (Ea accident) 111000,000 ALL OWNED AUTOS i Xr SCHEDULED AUTOS BODILY INJURY (Per (Per person) HIRED AUTOS I X NON -OWNED AUTOSBODILY INJURY . S 10 DAYS NOTICE NON -PAY (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO t— 1I OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE S 3 r 000 , 000 A OCCURE:1CLAIMS MADE CHB00000049462A 06/06/08 06/06/09 AGGREGATE $31000r 000 *10 DAYS $ DEDUCTIBLE NOTICE $ RETENTION $ NON PAY a WORKERS COMPENSATION AND X TORY LIMITS ER B EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE 08.30 28562 02/01/08 02/01/09 E.L. EACH ACCIDENT $ 1000000 OFFICER/MEMBER EXCLUDED? •10 DAYS NOTICE NON -PAY If E.L. DISEASE - EA EMPLOYEE $1000000 y SPes. describe under ECIAL PROVISIONS below OTHER E.L. DISEASE - POLICY LIMIT S 1000000 A CI241676 06/06/08 06/06/09 Rented 50,000 •10 DAYS NOTICE NON -PAY Equipment 5% DED DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Grading of Land/Site Prep - State of Florida RE:JOB 2008-081/12th Street SW (16th Ave to 11th Ave) Indian River County is additional insured for general liability CERTIFICATE HOLDER CANCELLATION IRCBD-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 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 Indian River County IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1801 27th S t REPRESENTA E8, Vero Beach FL 32960 AUTHORIZE ENTAm/E i e ACORD 25 (2001108) O t s ; s $:77eI:Zr j[eI: iFI�I�1 e 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: 2008081 Project: TT�Street Sidewalk from 16th Ave to 11th PI. OWNER's Contract No.2008081 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: $ Be DUE THIS APPLICATION 6 MINUS 7): i- 00622 - Contractor's Application for Payment 00622-1 F.\Engineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Bid Documents\00622 -Contractor's Application for Payment.doc Rev. 05/01 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied on account to discharge CONTRACTOR's legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective and (4) If this Periodic Estimate is for a Final payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by No. 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Dated (CONTRACTOR) By: State of County of Subscribed and sworn to before me this day of Notary Public My Commission expires: CERTIFICATION OF ARCHITECT OR CONSULTING ENGINEER (WHERE APPLICABLE): I certify that I have checked and verify the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it is a true and correct statement of the work performed and/or material supplied by the Contractor. Dated (ARCHITECT/ ENGINEER) SIGNATURE CERTIFICATION OF ENGINEER / INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. It is my opinion that this statement of work performed and/or materials supplied is accurate, that the Contractor is observing the requirements of the Contract, and that the Contractor should be paid the amount requested above. Dated (ENGINEER/INSPECTOR) SIGNATURE Accompanying Documentation: [The Remainder of Page Intentional Left Blankl 00622 - Contractor's Application for Payment 00622-2 F:\Engineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Bid Documents\00622 - Contractor's Application for Payment.doc Rev. 05/01 .o II U ca U E N C .9 LL U m .o m Q. 'a as E L 00 UN c � O 3 R O E Q Z R 00 w Lo O R Q C0 d C y O LE. d O av AMP C 7 O � d W � .F+ ai Q. 00 V Fa wm Q co 0 _T E r N d W 0 L IL 02 E O O e- N m a;Z r r' e- r r NNN w 0 z u i� z 0 U LU LL O c W 0 0 i U O O C a 0 c 0 u M n N4 i 0 O m c U N O O U O O fL O N 0 d U m a v c m d c d Q L N y3 W cn r N O u U 0 CL m CL m co U c m c w LL SECTION 00632 - CONTRACTOR'S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) STATE OF _ COUNTY OF Personally before me the undersigned officer, authorized by the laws of 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 F:\Engineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Bid Documents\00632 - Contractor's Final Certification.doc Subscribed and sworn to before me this Notary Public State of Florida at Large My Commission expires: (Corporate Seal) (Contractor) By: day of , 20 + + END OF SECTION + + 00632-2 F:\Engineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Bid Documents\00632 - Contractor's Final Certification.doc