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HomeMy WebLinkAbout2008-213 (6)17. What percentage of the total project will be performed by the firm's personnel? 25 % ' /o 18. Attach a separate page to this questionnaire that lists the firm's construction equipment that will be used on this project. Also, list the construction equipment that the firm will rent for this project. Please see attached Equipment List, and please note no equipment will be rented for this project. [The remainder of this page was left blank intentionally] 9 Last Revised 12/2007 00456 - 3 Wabasso Beach Pk, Restoration FAPublic Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8- im 2008\00456 - Qualifica*ms QuesbonnaireAm L OCEAN GATE GENERAL CONTRACTORS, INC. HE ' �kkkk BALANCE lok js� ASSETS Current assets: Cash and cash equivalents Investments Contracts receivable Contract retainage Other receivables Costs and estimated earnings in excess of billings on uncompleted contracts Employee loans Prepaid expenses Total current assets Property and equipment: Construction equipment Transportation equipment Furniture and fixtures Leasehold improvements Less - accumulated depreciation Other assets: Deposits 2007 $ 1,5219543 729,073 2,119,949 1,337,462 13,462 132,034 1,200 50,050 5,904,773 361,484 216,259 127,948 25,559 731,250 (361,340) 369,910 2,754 $ 692779437 $ 607,685 626,467 757,299 387,007 2,352 548,222 21,603 2,950,635 330,883 214,216 80,943 13,557 639,599 (266,554) 373;045 2,094 $ 3,325,774 'r Current liabilities: Accounts payable Retainage payable Accrued expenses Billings in excess of costs and estimated earnings on uncompleted contracts Customer deposits Current portion of long-term debt rr. Total current liabilities Long-term debt Total liabilities Stockholder's equity: Common stock - par $1; 1,000 shares authorized issued and outstanding Additional paid -in capital Accumulated other comprehensive income Retained earnings Total stockholder's equity 2007 $ 214329568 898,018 69,326 377,772 26,672 2006 $ 831,226 264,421 6,521 122,975 5,000 799496 77,684. 3,883,852 19307,827 60,312 = 1409905 3,944,164 40,347 2,191,926 2,333,273 $ 692779437 The accompanying notes are an integral part of these financial statements. See accountant 'review report. 1,448,732 1,000 250,000 47,560 1,578,482 1,877,042 $ 39325,774 Confidential Part X -1 of 3 Rate Sheet OCEAN GATE GENERAL CONTRACTORS EQUIPMENT RENTAL RATES *All Rates Weekly Only* EQUIPMENT/DESCRIPTION WEEKLY RATE Electric Hand Tools Circular Saw $ 45.00 Portable Band Saw $ 95.00 Cordless Drill (3/8) $ 45.00 Hand Drill (3/8) $ 35.00 Hand Drill (1/2) $ 45.00 Demo Hammer (50 Ib) $ 210.00 Magnetic Drill Press $ 150.00 Hand Grinder (7") $ 85.00 Hand Grinder (4.59') $ 75.00 Electric Air Compressor $ 120.00 Table Saw (10") $ 85.00 Compound Miter Box $ 85.00 Die Grinder $ 35.00 Nibbler (Half Moon) $ 85.00 Center Cut Shears $ 75.00 Screw Gun $ 75.00 Sawzall $ 75.00 Heat Gun $ 20.00 Jig Saw $ 20.00 Construction Vacuum $ 35.00 48" Fan $ 150.00 Pneumatic Tools Gas Compressor $ 280.00 Impact Gun $ 75.00 Air Wrench $ 75.00 Frame Nail Gun $ 130.00 Finish Nail Gun $ 120.00 "T"Nail Gun $ 120.00 Die Grinder $ 25.00 3/8 Hose $ 10.00 Han-- d_ Wheelbarrow $ 50.00 Shovel (Round & Square) $ 10.00 Leaf Rake $ 5.00 Hard Tine Rake $ 10.00 Come -A -Long $ 10.00 12/20/2007 Confidential Part X - 2 of 3 Rate Sheet OCEAN GATE GENERAL CONTRACTORS EQUIPMENT RENTAL RATES *All Rates Weekly Only* EQUIPMENT/DESCRIPTION WEEKLY RATE Asphalt Lute $ 25.00 Hand Tools (continued) Demo Shovel $ 5.00 Floor Scraper $ 5.00 Post Hole Digger $ 12.00 Floor Broom (finish/street/etc.) $ 10.00 Wrecking Bar $ 10.00 Hand Probe $ 5.00 Sledge Hammer $ 5.00 Pick Ax $ 8.00 Traffic Maintenance Barricades (Type III) $ 6.00 Arrow Boards $ 11200.00 Construction Signs $ 12.00 Traffic Cones $ 9.50 Stripe Machine $ 21500.00 Trailers Semi Storage $ 230.00 Containers (20 foot) $ 100.00 Office Trailer (single and double office) $ 210.00 Dump Trailer (10 yard) $ 420.00 Dump Trailer (8 yard) $ 400.00 8' Flat Deck $ 180.00 16' Flat Deck $ 310.00 30' Goose Neck $ 385.00 Job Box Storage Box $ 50.00 Generators/Pumps/Compressors 5000 Watt Generator $ 320.00 16000 Watt Generator $ 700.00 Welder Miller 250 $ 710.00 Plasma Torch $ 500.00 Cutting Torch & Bottles $ 265.00 Light Tower $ 850.00 2" Trash Pump $ 210.00 3" Trash Pump $ 240.00 Pressure Washer $ 350.00 12/20/2007 Confidential Part X - 3 of 3 Rate Sheet OCEAN GATE GENERAL CONTRACTORS EQUIPMENT RENTAL RATES *All Rates Weekly Only* EQUIPMENT/DESCRIPTION WEEKLY RATE Generators/Pumas/Compressors (continued) Chainsaw 16" $ 220.00 Concrete saw 14" $ 225.00 Blower $ 35.00 Trucks/ BoatslVeh icles F-250 Pick Up $ 450.00 F-150 Pick Up $ 420.00 F-150 Pick Up 4X4 $ 475.00 Off Road Vehicle $ 215.00 Scissor Lift $ 720.00 Boom Lift $ 11350.00 Lull $ 11200.00 Case 580 Backhoe $ 21800.00 Volvo L70 Wheel Loader with Rake $ 31200.00 12/20/2007 Approach to Project Through Ocean Gate's previous experiences with similar design/build construction projects both public and private, we have been able to develop a proven system to provide a highly efficient design and construction process to achieve the goals and visions of our clients while at the same time developing a lasting working relationship for the future. Ocean Gate recognizes that the foundation of the design/build nature of a project begins by communicating with the client ultimately allowing us to deliver the expectations as outlined in this request for qualifications. Preconstruction This process will begin with the Preconstruction Team and the Architect meeting to develop a clear vision as to the established goals, requirements and expectations of the Owner. During these initial meetings we will establish that the "Scope of Work" is understood by each of the individuals responsible for the successful completion of this Project. After evaluating the it criteria, we will present our proposal of the most attractive building systems option, initial cost and life cycle cost option to the Owner. We will make recommendations based on our knowledge of the local building conditions, economy, esthetic preference and past experience of working with the Owner. Upon being selected for construction of this Project, we will then work together with the Owner to create a detailed set of Construction Drawings. These drawings will start out as basic conceptual drawings and progress to a level of detail that will enable construction of an Owner accepted building while minimizing the possibility of future change orders. Prior to the "Construction Drawings" being approved, the "Scope of Work," provided upon being short listed for this Project, will be reviewed by both the Owner and the Contractor to ensure that there are no gaps in interpretation of the requirements. We will also use these meetings to present options to value engineer the Project based upon conversations with the Owner that is contractually prohibited prior to this point. Ocean Gate General Contractors, Inc. considers this period of time, prior to Construction Drawings, the most appropriate time to address the issue of the quality versus cost. By presenting specific option scenarios and identifying which items are of priority, Ocean Gate will work with the Owner to insure that a superior level of quality is achieved in area's prioritized by the Owner while maintaining an overall high standard and staying within the budget parameters. This process is achieved through the submittal process. Every finish and mechanical component to be utilized in the construction progression will go through a series of submittal packages given to the Owner. The submittals will give a clear vision of exactly the type of component that is proposed to be utilized in the construction of the building for the Owners to review and comment upon. The submittal process allows the Owner to play an active ongoing role in the progression of the construction process while maintaining a high level of selection standards. The submitting and acceptance of these submittals during the design phase will play an invaluable part in eliminating delays that are often unnecessary. �".y 1«111 U, ucLaii specinea in the bidding documents shall be included in the Construction Documents. However, we would expect that previous protocol remain in effect for items outside of these circumstances. Documentation for any work or items not specified in the bidding documents will then be subject to the Owners contractually allotted markup of documented costs. This would hold true for any deductive changes where a savings will be passed on to the Owner. While not having received details for this Project, we would expect special attention will be given to the interior layout of the facility to ensure ease in the day-to-day operations of the professionals that will be employed at the facility. Ocean Gate recognizes that this building will play a vital role in the maintenance and upkeep of Martin County Emergency Services and believes that the proper layout both in the service area as well as the logistical and office areas is critical in creating a streamlined operation for such an important facet of our County. Specific details of day-to-day operations will be addressed in these meetings enabling Ocean Gate's design team to account for such items as accommodating specialized equipment to electrical switch and outlet locations specific to office and equipment layout. Once these documents are accepted by the Owner, a revised construction schedule that is realistic and adjusted based on any required changes to the scope of work will be submitted to the Owner for approval. Our firm is fully confident in our ability to schedule projects effectively as evidenced by the fact that Ocean Gate has NEVER been assessed liquidated damages for failing to complete a project on time. Construction For the construction of this facility, Ocean Gate has identified a full-time Project Manager and Superintendent familiar to the County's policies and procedures to oversee the Project. These individuals will ensure the success of this endeavor through the following standard practices: Weekly Progress Meetings: These meetings allow a clear vision to be established as a construction team approach isgiven to finish the project. All expectations are communicated to all involved subcontractors at this time while presenting a venue to present upcoming coordination issues. This inter -trade meeting process is critical to the success of the project. Owner Progress Meetings- Historically, Martin County Capitol Projects will also hold a progress meeting every two weeks to discuss the progression of the job and to review any scheduling, contract or design issues, as well as working on the coordination of the owner specific requirements of the job such as account set up and management with the various utility companies necessary to service the facility. Ocean Gate encourages this type of communication throughout the various stages of the project. At these meetings it is beneficial to provide an updated schedule to all of the individuals involved in the Project. Daily Field Logs- Our on-site Superintendent will keep daily logs for the activity on the job site. These records will be made available for the Owner and have proved to be a valuable tool in assessing the progress of the Project. Video Records of the Site- We will arrange to have monthly video of the site prior to construction until completion of the Project. These records will also document the progress of the Project. Subcontractor Coordination and Supervision= It is imperative that proper supervision be given to subcontractors on the Project. Workmanship will not be accepted if properly supervised. In addition, it is the responsibility of the Superintendent to verify that all installed components are exactly what were specified in the Construction Documents and approved upon submittal. Closeout . The Ocean Gate team understands that our job is not finished once substantial completion is achieved. We expect a punch -list to be issued and completed within the contractually allotted time. Our Superintendent will be available until the Owner says the Project is complete. We will also gather all necessary documentation for a Project turnover. These documents shall include all warranties, as -built drawings and required releases. Any required equipment training shall be given prior to the building being turned over. At the point of completion our Project Manager will ensure with the Owner that General Services and Emergency Services are in the sole possession of any building access capabilities One of the factors that have made Ocean Gate General Contractors an area innovator in this type of specialized project is our willingness to commit a management team to dedicate their time to a specific project. Ocean Gate's project team will consist of a Preconstruction Specialist, Architect, Project Executive, a Project Manager, a Superintendent and a Project Coordinator specifically assigned to this project (see attached personnel schedules). Through a coordinated effort of these specific roles, contract management, permitting, scheduling and quality control can be closely monitored to insure all standards of expectations are met or exceeded within the allotted time and budget parameters. Utilizing our experience with similar projects, Ocean Gate has developed a level of understanding of the time durations necessary to complete specific phases of the construction process. From our past experiences with Martin County on similar projects such as Fire Station #21, the LifeStar and Sheriff s helicopter hangars and offices, the Martin County Sheriff s Vehicle Maintenance facility and the Martin County Golf and Country Club Golf Cart Facility, we bring a specialized and unique approach to the design and construction of this facility as well as an intimate knowledge of county procedure. With this understanding we are able to proactively create a project duration schedule that will often times exceed the expectations originally projected at the conceptual stage. Through a concentrated effort amongst the construction team, we have the necessary job management tools to meet this schedule while maintaining quality control and cost effectiveness. Scheduling & Cost Control 1. Do you use or provide construction? computer generated schedules for the management of co Yes. Ocean Gate utilizes Microsoft Project to prepare its project schedule. This software program allows us to plan each phase of the project in detail and helps to identify in advance activities that form the critical path. The critical path will indicate the progress of the schedule. Manufacturing lead times, availability of key equipment, owner requested milestones, and accurate activity durations are all key elements that are imputed into our schedules. 2• To what level of detail should a construction schedule be defined? How do you schedule the processing of shop drawings? The project schedule should be just a minimum in conformance with the Contract Requirements and in sufficient detail to allow adequate control of the project. In order to provide adequate control, the project schedule should be formally reviewed and updated at least once every thirty (30) days. Progress is to be posted at least weekly. The project schedule should indicate critical shop drawing submittal and usually be a comprehensive Time Scale or Logic Chart, approval dates, critical equipment lead times and delivery dates. This schedule will Ocean Gate schedules the processing of shop drawings by first identifying lead items along with the project schedule to determine what shop drawings must be submitted and approved early in the project in order to maintain the project schedule without delays. 3• How do you coordinate development of schedule information from subcontractors? The assigned Project Manager will solicit the subcontractors input in developing a schedule. There are several ways in which Ocean Gate can assure compliance by the subcontractor. We involve the subcontractor as the schedule is being made. Ocean Gate can include it in the instructions to bidders prior to subcontractor bidding. WE can also include it as a Contract Document to the subcontractor. A third option is that Ocean Gate transmits the schedule with a letter that states -that the lack of a response by a set date constitutes acceptance. We will select a method to coordinate development of schedule information from subcontractors. 4• State experience in handling crew loading and coordinated construction scheduling. Ocean Gate has completed more than 50 construction projects in the last 10 years. Each project requires extensive research for critical activities including coordination with subcontractors involved on the project. IN most cases, Ocean Gate is given a predetermined amount of days that we must complete the project in. Utilizing our knowledge and subcontractors' knowledge of crew productivity, we are able to determine the quantity of labor on the job in order to meet the predetermined schedules. 5. State your experience in cost loading of schedules. Ocean Gate has the ability to produce cost loaded schedules and typically submits this documentation for clients upon request. We do not recommend this method for several reasons: accuracy issues; alignment of subcontractor scheduled values is impractical when building a project schedule; and it is easy for a Contractor to front end load costs associated to a project which creates the potential of overcharging. In general, Ocean Gate monitors and controls cost in detail with weekly labor reports and monthly material reports. The assigned Project Superintendent is responsible for maintaining the quantities and labor by cost coding each labor report. This information can then be accessed on our website once the client has logged in, i SECTION 00520 =AGREEMENT 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) andOC� (hereinafter called 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: Construction of Public Park Facilities, Boardwalks, Benches, Restrooms, Picnic Pavilions, Site Work, Paving, Walks, Landscape, Lift Station, Site Lighting, Electrical Work, and Related Incidentals. 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: Wabasso Beach Park Restoration County Project Number: 0612 Project Address: 1820 93`d Street, Vero Beach, FL 32963 ARTICLE 3 — ENGINEER 3.01 The Indian River County Public Works Department or it's representative 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 and as defined in Supplementary Conditions SC -1.01 A. 20. ARTICLE 4 --CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed on or before the 180"' calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions (and Supplementary Conditions if applicable), and completed and ready for final IL Last Revision 12/2007 00520- 2 Wabasso Beach Pk. Restoration F:\Public Works\Cliff Suthard\Wabasso Beach ParkW Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8- 2008\00520 - Agreement (Public Works).doc 0 payment in accordance with paragraph 14.07 of the General Conditions (and Supplementary Conditions if applicable) on or before the 210th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages and Bonus A. CONTRACTOR and OWNER recognize that time is of the essence for 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 (and Supplementary Conditions if applicable). 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 $500.00 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 $200.00 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. B. The OWNER shall pay a bonus for early completion of the items on the Statutory List in the amount of $200.00 for each calendar day that the Statutory List Work is completed before the Contract Time on the terms and conditions set forth herein. OWNER and CONTRACTOR agree that, for CONTRACTOR to be eligible for the bonus, CONTRACTOR must complete the Work on the Statutory List at least one entire calendar day before the expiration of 30 calendar days after Substantial Completion , i.e., before the Contract Time or any proper extension thereof granted by OWNER, and OWNER shall not pay for partial days. ARTICLE 5 =CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for Documents in current funds the amount of Amount): Written Amount: completion of the Work in accordance with the Contract $ R �`�� �%- (Numerical ARTICLE 6 =PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments .k+Lv 0 A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions (and Supplementary Conditions if applicable). Applications for Payment will be processed by ENGINEER as provided in the General Conditions (and Supplementary Conditions if applicable). 6.02 Progress Payments; Retainage A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request at intervals not less than once each month as recommended by ENGINEER in accordance with the provisions of the Local Government Last Revision 12/2007 00520- 3 Wabasso Beach Pk, Restoration F:\Public Works\Cliff Suthard\Wabasso Beach ParkW Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8- 2008\00520 - Agreement (Public Works).doc Prompt Payment Act, Florida Statutes section 218.70 et. seq. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and Supplementary Conditions if applicable) (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements, 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, B. Pay Requests. 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. C. Paragraphs 6.02 A and 6.02 B 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. 6.03. Acceptance and Final Payment A. Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment. Last Revision 12/2007 00520- 4 Wabasso Beach Pk. Restoration F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8- 2008\00520 - Agreement (Public Works).doc 6.04. Acceptance of Final Payment as Release. 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, 6.05 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions (and Supplementary Conditions if applicable), OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER and ENGINEER's CONSULTNAT as provided in said paragraph 14.07. ARTICLE 7 =INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions (and Supplementary Conditions if applicable) 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 Last Revision 12/2007 00520-5 Wabasso Beach Pk, Restoration F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8- 2008\00520 - Agreement (Public Works).doc the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents, G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER's CONSULTANT 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. K. CONTRACTOR is aware of the specific limitations of the INSTRUCTIONS TO BIDDERS Section 00200 Article 26 PUBLIC ENTITY CRIMES. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9, inclusive); 2. Section 00610m Performance Bond (pages 00610-1 to 00610-5, inclusive); 3. Section 00612 - Payment Bond (pages 00612-1 to 00612-5, inclusive); 4. Section 00700 = General Conditions (pages 00700-1 to 00700=45, inclusive); 5. Section 00800- Supplementary Conditions (pages 00800=1 to 00800-18, inclusive); 6. Specifications as listed in the Table of Contents; 7. Drawings consisting of following sheets, with each sheet bearing the following general title: "Wabasso Beach Park Restoration", C-1 through C-6; U-1 through U-9; A0.109 AS0.10, A1.109 A2.10, A2.209 A2.219 A2.309 A2.409 A3.109 A3.111 A4.109 A4.209 A5.10, A6.10; S-1 through S-4; E1.009 E1.01, E1.029 E1.10, E2.009 E3.00, E3.10; Last Revision 12/2007 00520- 6 Wabasso Beach Pk. Restoration F:\Public Works\Cliff Suthard\Wabasso Beach ParkW Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 -AS OF 1-8- 2008\00520 - Agreement (Public Works).doc t M1.10, M3.10; P1.10, P3.10; Landscape 1 of 1. 8. Addenda (numbers to , inclusive); 9. Exhibits to this Agreement (enumerated as follows): a. Section 00550 - Notice to Proceed (page 00500-1); b. Section 00310 — Bid Form (CONTRACTOR's Bid) (pages 00310-1 to 00310-7, inclusive); c. Section 00452 - Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); d. Section 00454 - Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); e. Section 00456 — Qualifications Questionnaire (page 00456-1 to 00456-3, inclusive including 2 attached pages, Item 19 and Signature Page.); f. Section 00458 — List of Subcontractors (page 00458-1); g. Section 00459 — Bidder's Affidavit Regarding State of Florida Certified Erosion and Sediment Control Inspector (page 00459-1 to 00459-2, inclusive); h. Section 00622 — Contractor's Application for Payment (pages 00622-1 to 00622-5, inclusive); i. Section 00632 — Contractor's Final Certification of the Work (pages 00632A to 00632- 2, inclusive); j. Section 00634 — Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work (page 00634-1); k. Section 00640 — Certification Regarding Debarments, Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Federally Funded Transactions (pages 00640-1 to 00640-3, inclusive); I. Section 00642 - Release of Claims by Contractor on EPA Subagreement (page 00642-1); m. Section 00644 - Disclosure of Lobbying Activities (pages 00644-1 to 00644-2, inclusive); n. Documentation submitted by CONTRACTOR prior to Notice of Award (pages to inclusive); o. Certificates of all Insurances as required by the General Conditions and Supplementary Conditions, 10. 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), Last Revision 12/2007 00520-7 Wabasso Beach Pk. Restoration F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 1-9-20080iv 0 AS OF 1-8- 2008\00520 - Agreement (Public Works).doc B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9, D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.04 of the General Conditions (and Supplementary Conditions if applicable). ARTICLE 10 = MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions (and Supplementary Conditions if applicable). 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents, 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents, 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06. Counterparts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 10.07. Public Records. The OWNER and the CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. Last Revision 12/2007 00520- 8 Wabasso Beach Pk. Restoration F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8- 2008\00520 - Agreement (Public Works).doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20�2j (the date the Contract is approved by the Indian River County Board of Countyyommfgsioners, which is the Effective Date of the Agreement). OWNER. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLOR'IM"'' s Sandra L. by BCC ATTEST. Jeffery K. Barton, Clerk of Circuit Court Approved: By ACA Jos . Baird, County Administrator as to form and legal sufficiency: E. FbT Assistant County Attorney CONTRACTOR, Witnessed by: (Printed name) Last Revision 12/2007 00520-9 Wabasso Beach Pk, Restoration F:\Public Works\Cliff Suthard\Wabasso Beach Park1A Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8- 2008\00520 - Agreement (Public Works).doc I [CERTIFIED MAIL - RETURN RECEIPT REQUESTED] TO: (BIDDER) BIDDER) Contract For. Wabasso Beach Park Restoration OWNER's Project No. 0612 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 180 calendar days for the substantial completion and 210 calendar days for completion and ready for final payment of this project. Therefore in accordance with Article 4 of the Agreement the date of Final Completion is Before you may start any work at the site, paragraph 2.05.0 of the Supplementary Conditions provides that you obtain all insurance required under Article 5 of the General Conditions (as modified by the Supplementary Conditions), and you must deliver to the Owner (with copies to Engineer and other identified additional insured), certificates of insurance that you are required to purchase and maintain in accordance with the Article 5 of the General Conditions, and the Owner has approved said insurance. Also, before you may start any Work at the Site, you must: (requirements W be added before issuance) By: Mn.E) + + END OF SECTION + + =jag oil iQA, NUT1 • - • .. -.c • - c w • �� •. ::• • • • - ti • • r ti • 11 : 1 t L 1 The PERFORMANCE BOND FORM in Section 00610 and the PAYMENT BOND FORM in Section 00612 are the only bond forms the owner will accept. Use only those forms. * * END OF SECTION * * Last Revised 12/2007 00609= I Wabasso Beach Pk, Restoratua THE AMERICAN INSTITUTE OF ARCHITECTS 1936791. THIS DOCUMENT HAS BEEN RECORDED IN THE PUBIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2280 PG: 1237, Pagel of 7 07/21/2008 at 04:32 PM, JEFFREY K BARTON, CLERK OF COURT L Bond No. 08934252 6 AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that Ocean Gate General Contractors, Inc. (Here insert full name and address or legal title of Contractor) 2854 SE Federal Hwy, Stuart, FL 34994 as Principal, hereinafter called Contractor, and, Fidelity and Deposit Company of Maryland (Here insert full name and address or legal title of Surety) 1400 American Lane, Tower I, 19th Floor, Schaumburg, IL 6019&1056 as Surety, hereinafter called Surety, are held and firmly bound unto Indian River County Board of County Commissioners, (Here Insert full name and address or lege) title of owner) 40 1801 27th Street, Vero Beach, FL 32960 as Obligee, hereinafter called Owner, in the amount of Eight Hundred Fifty Eight Thousand Two Hundred Dollars and 44/100 Dollars ($ 858,200.44 for the payment whereof. Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated July 1, 2008 for (Here insert full name, address and descriptlon of project) Wabasso Beach Park Restoration; Project No. 0612 , entered into a contract with Owner in accordance with Drawings and Specifications prepared by Donadio & Associates Architects PA. (Hen Insert U name and.addnss or Ngel title of Architecp 609174h Street, Vero Beach, FL 32960 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND . • AIA ® . 1 FEBRUARY 1970 ED. •THE AMERICAN INST17UTE OFARCHITECTS, 1735 N.Y.AVE, N.W, WASHINGTON, D.C. 20006 t PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owners obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under W Signed and sealed this ATTEST: 14th { the contract or contracts of completion arranged under this Paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. July, 2008. Ocean Gate General Cnntrnrtnrc Inn Fidel Brett Rosenhaus AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AIA a 2 FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OFARCHITECTS, 1735 N.Y. AVE, N.W., WASHINGTON, D.C. 20006 t FRONT PAGE OF PUBLIC PAYMENT BOND Florida Statute 255.05 BOND NO.08934252 CONTRACTOR: Ocean Gate General Contractors, Inc. 2854 SE Federal Highway Stuart, FL 34994 772-283-6744 SURETY: Fidelity and Deposit Company of Maryland 1400 American Lane, Tower 1, 191h Floor Schaumburg, IL 601964 056 800-382-2150 AGENT: Nielson, Rosenhaus & Associates 4000 South 57th Avenue, Suite 201 Lake Worth, FL 33463 (561) 432-5550 OBLIGEE: Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 772-77&9391 PROJECT: Wabasso Beach Park Restoration, Project No. 0612 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 08934959 A1A Document A311 Labor and Material Payment Bond 3: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that r; 2854 SE Federal Hwy, Stuart, FL 34994 as Principal, hereinafter called Principal, and, Ocean Gate General Contractors, Inc. (Here insert full name and address or legal title of Contractor) Fidelity and Deposit Company of Maryland 1400 American Lane, Tower -I, 19th Floor,.. .Schaumburg, IL 60196-1056 reinsert full name and address or legal title of Surety) " as Surety, hereinafter called Surety, are held and firmly bound unto Indian River County Board of County Commissioners (Here insert full name and address or legal title of Owner) Wr 1801 27th Street, Vero Beach, FL 32960 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the 11110 amount of Eight Hundred Fifty Eight Thousand Two Hundred Dollars and 44/100 (Here insert a sum equal to at least one-hatf of the contract price) Dollars ($ . 8589200,44 for thea p yment whereof Principal and Surety bind themselves, their heirs, executors, administrators, a successors and assigns, jointly and severally, firmly by these presents. , WHEREAS, Principal has by written agreement datedJuly 1, 2008 for ,.entered into a contract with Owner (Hen Insert IIr1 name, address and description of piciscq Wabasso Beach Park Restoration; Project No. 0612 in accordance with Drawings and Spec .Ifications'prepared by Donadio & Associates Architects P.A. (FMre kmd 11x1 name and address or Iega1 two orArdescq 609 17' Street, Vero Beach, FL 32960 which contract is liy referenc 6 made a part Woof, and Is hereinafter referred to as the Contract. AIA DOCUMMT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AIA FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTA 1735 N.Y. AVE, N.W, WASHINGTON, D.C. 20008 1 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void, otherwise it shall remain in full force and effect, subject, however, to the following conditions: I. . A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for, labor, material, or both, used or. reasonably required for use in the performance of the Contract, labor and material being construed 'to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of etluipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimants work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The owner Shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did4or performed the last of the work or labor, or furnished the last of the materials for which said claim is made; stating with substantial accuracy the amount claimed and,the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction•of business, or served in any manner in which legal process may be served. in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. 0 - Other than in state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District.Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety or mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. 61'his "i graJqVs&?l?g this 14th day of July, 2008. ClOmPly with section 25505 Florida rtattthes, and any action instituted by a claimant under this {.ond for payment must be 'ih accordance with the notice and 0 me limitation provisions in Section 255.05(2). Florida St ATTEST: n Gate General Contractors, Inc, (Principa9 • _ By: n'n Rat n��� (Witness) IIIB �zn Fidelity and Deposit Company of Maryland (Surety) (Se 87Ry, w B (Title) } ,i. fse Brett Rosenhaus . Attorney -tri j �,"A a A'k t > i Y AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OFARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 2 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND r KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the da ereby nominate, constitute and appoint Brett ROSENHAUS and Jason KATZ, both ofVi t da Hits true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver }t, ° act and deed: any and all bonds and undertakings, and the executiorl pf I and r nce of these presents, shall be as binding upon said Company, as fully ancj,,� is and, i ey had been duly executed and acknowledged by the regular tai a tit ice in Baltimore, Md., in their own proper persons. This power of attor I th e SENHAUS, Jason KATZ, dated February 17, 2005. The said Assistant7e(c �c� hat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- .3 C any, and is now in force. IN WITNESS W OF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 24th day of February, A.D. 2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp DEPO,�i ti ra t W , 4�4n\/'.�L"✓'I'Ii.,E`j,/. By: Eric D. Barnes Assistant Secretary Theodore G. Martinez State of Maryland City of Baltimore }ss: On this 24th day of February, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, to and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority Im and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. do .u.e.ewn+ ZiPA Dennis R. Hayden Notary Public My Commission Expires: February 1, 2009 POA -F 031-0022 L EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 4" day of do E7 sr 0 RS �, Assistant Secretary Wr ACORD� CERTIFICATE OF LIABILITY INSURANCE 7"ii4/2oo8 ' PRODUCER (561) 746-4546 FAX: (561) 746-9599 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Tequesta Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 218 S, US Highway One ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 300 Teguesta FL 33469 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA:National Fire Insurance 20893C INSURERB:Valley Forge Insurance 205080 Ocean Gate General Contractors, Inc. INSURERc:Continental Casualty 20443C 2854 SE Federal Highway INSURER D: Stuart FL 34994 INSURER E: OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER PDATEYMM DDIYYE POLICYEXPIRATION LIMITS A X GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR C2095108161 7/3/2008 7/1/2009 EACH OCCURRENCE $ 11000,000 PREMISES Ea occurrence $ 50 , 000 MED EXP (Any oneperson) $ 51000 PERSONAL 8 ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 21000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY X PREf LOC PRODUCTS - COMP/OP A $ 2 r 000 r 000 B AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS C2095198931 7/3/2008 7/1/2009 COMBINED SINGLE LIMIT (Ea accident) $ 1,0001000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANYAUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: A $ $ C EXCESS/UMBRELLA LIABILITY X OCCUR F1 CLAIMS MADE DEDUCTIBLE X RETENTION $10,000 C2095108144 7/3/2008 7/1/2009 EACH OCCURRENCE $ 51000,000 AGGREGATE $ 51 000 , 000 $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC2095108158 7/1/2008 7/1/2009 X I WC STATUCRY LIM - 107H E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT I $ 50 0 , 000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE: WABASSO BEACH PARR RESTORATION PROJECT, BID NO. 2008032 The Certificate Holder is an additional insured per form G140331 -A attached to the General Liability Policy. Form G140331 -A is attached for reference. *IN THE EVENT OF NON-PAYMENT OF PREMIUM, ONLY 10 DAYS NOTICE OF CANCELLATION SHALL BE GIVEN. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001/08) 141en9R,n4nc, no.. C ACORD CORPORATION 1988 Dnn< 1 of I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE INDIAN RIVER COUNTY EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL BOARD OF COUNTY COMMISSIONERS 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT 1800 27th STREET VERO BEACH, FL 32960 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Mark Kasten/DEBBIE a --CtD, ACORD 25 (2001/08) 141en9R,n4nc, no.. C ACORD CORPORATION 1988 Dnn< 1 of I Cl IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. art ACORD 25 (2001/08) INS025 (0108).08a Page 2 of 2 CNA G -140331-A (Ed. 01/01) 91 IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.i. OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS=COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Designated Project. (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section II) is amended to 3. The coverage provided to the additional insured include as an insured any person or organization, by this endorsement and paragraph f. of the including any person or organization shown in the definition of "insured contract" under schedule above, (called additional insured) whom you DEFINITIONS (Section V) do not apply to "bodily are required to add as an additional insured on this injury" or "property damage" arising out of the policy under a written contract or written agreement; "products -completed operations hazard" unless but the written contract or written agreement must be: required by the written contract or written 1. Currently in effect or becoming effective during the agreement. $ term of this policy; and 4. The insurance provided to the additional insured 2. Executed prior to the "bodily injury," it does not apply to "bodily injury," "property damage," or personal and advertising injury". damage," or "personal and advertising injury" " arising out of an architect's, engineer's, or Be The insurance provided to the additional insured is surveyor's rendering of or failure to render any limited as follows: professional services including: 1. That person or organization is an additional a. The preparing, approving, or failing to prepare MENOMINEE insured solely for liability due to your negligence or approve maps, shop drawings, opinions, specifically resulting from "your work" for the reports, surveys, field orders, change orders Mil additional insured which is the subject of the or drawings and specifications; and written contract or written agreement. No b. Supervisory, or inspection activities performed coverage applies to liability resulting from the sole as part of any related architectural or negligence of the additional insured. engineering activities. 2. The Limits of Insurance applicable to the C. As respects the coverage provided under this additional insured are those specified in the endorsement, SECTION IV — COMMERCIAL written contract or written agreement or in the GENERAL LIABILITY CONDITIONS are amended as Declarations of this policy, whichever is less. follows: These Limits of Insurance are inclusive of, and not ANEMONES in addition to, the Limits of Insurance shown in the 1. The following is added to the Duties In The Event Declarations. of Occurrence, Offense, Claim or Suit Condition: G -140331-A Page 1 of 2 (Ed. 01/01) e. An additional insured under this endorsement will as soon as practicable: f. r7 Ej G -140331-A (Ed. 01/01) to (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; (2) Tender the defense and indemnity of any claim or "suit' to any other insurer which also has insurance for a loss we cover under this Coverage Part; and (3) Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement G -140331-A (Ed. 01101) until we receive written notice of a claim or "suit' from the additional insured. 2. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. Page 2 of 2