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HomeMy WebLinkAbout2010-051 INDIAN RIVER COUNTY 14 0R'w'W f�9 ' a6 �1�i1 BOARD OF COUNTY COMMSS NERS Department Y tiiit Services OPERATIONS OF THE INDIAN RIVER COUNTY BIOSOLIDS DEWATERING FACILITY , SLUDGE DEWATERING AND HIAULING Indian River County Bid No : 2010029 Synagro South , LLC 1002 Village Square , Suite C Tomball , TX 77375 U Z= 6 - Q AIJI, sit 4;Z0 60 INDIAN RIVER COUNTY � dIt t WINi , , g qq p +yUif k ', Of BOARD OF COUNTY COV M I SS INERS epartment of Utility Services OPERATIONS OF THE INDIAN RIVER COUNTY BIOSOLIDS DEWATERING FACILITY , SLUDGE DEWATERING AND MAULING Indian River County Bid No : 201. 0029 Synagro South , LLC 1002 Village Square , Suite C Tomball , TX 77375 �1VE� INDIANRIVER COUNTY ®� PURCHASING DIVISION 180027 Tll STREET VERo BEACH FL 32960 y (772) 226- 1416 FAX (772) 770-5140 L®Rl� INVITATION TO BID PROJECT NAME : BID FOR OPERATIONS OF THE INDIAN RIVER COUNTY BIOSOLIDS DEWATERING FACILITY , SLUDGE DEWATERING , AND MAULING BID NUMBER: 2010029 BID BOND REQUIRED : YES (IF BID PRICE EXCEEDS $259000) PAYMENT BOND REQUIRED : YES (IF BID PRICE EXCEEDS $ 259000) PERFORMANCE BOND REQUIRED : YES (IF BID PRICE EXCEEDS $ 259000) REFER TECHNICAL QUESTIONS TO : TERRY SOUTHARD , UTILITIES OPERATIONS MANAGER TELEPHONE : (772) 226 - 1833 E - MAIL : tsouthardgirc oov . coM FAX : (772) 770 - 5143 REFER GENERAL TERMS & CONDITIONS QUESTIONS TO : JERRY DAVIS , PURCI-IASING MANAGER TELEPHONE : (772) 226 - 1416 FAX : (772) 770 - 5140 E -MAIL : purchasinpnov . com BID OPENING DATE : FEBRUARY 29 2010 BID OPENING TIME : 2 : 00 PM ALL BIDS MUST BE RECEIVED BY THE PURCHASING DIVISION , 1800 27TH STREET , VERO BEACH , FLORIDA 32960 PRIOR TO THE DATE AND TIME SHOWN ABOVE . LATE BIDS WILL BE RETURNED UNOPENED , SUBMIT ONE ( 1 ) ORIGINAL AND ONE ( 1 ) COPY OF YOUR BID Page I of 47 �1VE� INDIANRIVER COUNTY ®� PURCHASING DIVISION 180027 Tll STREET VERo BEACH FL 32960 y (772) 226- 1416 FAX (772) 770-5140 L®Rl� INVITATION TO BID PROJECT NAME : BID FOR OPERATIONS OF THE INDIAN RIVER COUNTY BIOSOLIDS DEWATERING FACILITY , SLUDGE DEWATERING , AND MAULING BID NUMBER: 2010029 BID BOND REQUIRED : YES (IF BID PRICE EXCEEDS $259000) PAYMENT BOND REQUIRED : YES (IF BID PRICE EXCEEDS $ 259000) PERFORMANCE BOND REQUIRED : YES (IF BID PRICE EXCEEDS $ 259000) REFER TECHNICAL QUESTIONS TO : TERRY SOUTHARD , UTILITIES OPERATIONS MANAGER TELEPHONE : (772) 226 - 1833 E - MAIL : tsouthardgirc oov . coM FAX : (772) 770 - 5143 REFER GENERAL TERMS & CONDITIONS QUESTIONS TO : JERRY DAVIS , PURCI-IASING MANAGER TELEPHONE : (772) 226 - 1416 FAX : (772) 770 - 5140 E -MAIL : purchasinpnov . com BID OPENING DATE : FEBRUARY 29 2010 BID OPENING TIME : 2 : 00 PM ALL BIDS MUST BE RECEIVED BY THE PURCHASING DIVISION , 1800 27TH STREET , VERO BEACH , FLORIDA 32960 PRIOR TO THE DATE AND TIME SHOWN ABOVE . LATE BIDS WILL BE RETURNED UNOPENED , SUBMIT ONE ( 1 ) ORIGINAL AND ONE ( 1 ) COPY OF YOUR BID Page I of 47 TABLE OF CONTENTS Tableof Contents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - page 2 Advertisementfor Bid- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - page 3 a Instructions to Bidders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - pages 4 - 9 Local Preference pages 10 - 11 a GeneralConditions- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - pages 12 - 14 Summary of Work- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - pages 15 - Technical Specifications - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ - . - - - - - - - pages 15 - 20 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Bid Form - - - - - - - - - - - - - - - - - - - - - - page 21 - 22 Local Business Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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Page 23 Qualification Questionnaire- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - page 24 - 25 Public Entity Crimes - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - page 26 Statement of Disclosure of Relationships- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . pages 27 -28 BidCheck List- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - page 29 Agreement - - - - - - - - - - - - - - pages 30 - 32 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Exhibit A — Insurance Requirements , - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - page 33 BidBond - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - pages 34 - 38 Payment Bond. . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - pages 39 -43 Performance Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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I too I too pages 44 -471 Page 2 of 47 TABLE OF CONTENTS Tableof Contents - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - page 2 Advertisementfor Bid- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - page 3 a Instructions to Bidders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - pages 4 - 9 Local Preference pages 10 - 11 a GeneralConditions- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - pages 12 - 14 Summary of Work- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - pages 15 - Technical Specifications - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ - . - - - - - - - pages 15 - 20 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Bid Form - - - - - - - - - - - - - - - - - - - - - - page 21 - 22 Local Business Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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Page 23 Qualification Questionnaire- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - page 24 - 25 Public Entity Crimes - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - page 26 Statement of Disclosure of Relationships- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . pages 27 -28 BidCheck List- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - page 29 Agreement - - - - - - - - - - - - - - pages 30 - 32 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Exhibit A — Insurance Requirements , - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - page 33 BidBond - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - pages 34 - 38 Payment Bond. . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - pages 39 -43 Performance Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . I too I too pages 44 -471 Page 2 of 47 ADVERTISEMENT FOR BID Notice is hereby given that the Indian River County Board of County Commissioners is calling for and requesting bids for the following : Indian River County Bid # 2010029 BID FOR OPERATIONS OF THE BIOSOLIDS DEWATERING FACILITY , SLUDGE DEWATERING , AND MAULING Indian River County is accepting sealed bids for the operations of the Biosolids Dewatering Facility , sludge dewatering , and hauling of sludge generated at the Indian River County owned wastewater treatment facilities to the Biosolds Dewatering Facility . Detailed specifications for the above referenced bid are available from DemandStar . com at : ( 800 ) 711 - 1712 or may be downloaded from their web site at : www . demandstar . com Deadline for receipt of bids has been set for 2 . 00 P. M. on February 2 , 2010. Only bids received on or before the time and date listed will be considered . The Board of County Commissioners reserves the right to. accept or reject any and all bids in whole or in part and to waive all informalities . PURCHASING MANAGER INDIAN RIVER COUNTY Publish : January 13 , 2010 For Publication in the Press Journal Please furnish Tear Sheet , Affidavit of Publication , and Invoice to : Indian River County Purchasing Division 1800 27th. Street Vero Beach , Fl 32960 Page 3 of 47 ADVERTISEMENT FOR BID Notice is hereby given that the Indian River County Board of County Commissioners is calling for and requesting bids for the following : Indian River County Bid # 2010029 BID FOR OPERATIONS OF THE BIOSOLIDS DEWATERING FACILITY , SLUDGE DEWATERING , AND MAULING Indian River County is accepting sealed bids for the operations of the Biosolids Dewatering Facility , sludge dewatering , and hauling of sludge generated at the Indian River County owned wastewater treatment facilities to the Biosolds Dewatering Facility . Detailed specifications for the above referenced bid are available from DemandStar . com at : ( 800 ) 711 - 1712 or may be downloaded from their web site at : www . demandstar . com Deadline for receipt of bids has been set for 2 . 00 P. M. on February 2 , 2010. Only bids received on or before the time and date listed will be considered . The Board of County Commissioners reserves the right to. accept or reject any and all bids in whole or in part and to waive all informalities . PURCHASING MANAGER INDIAN RIVER COUNTY Publish : January 13 , 2010 For Publication in the Press Journal Please furnish Tear Sheet , Affidavit of Publication , and Invoice to : Indian River County Purchasing Division 1800 27th. Street Vero Beach , Fl 32960 Page 3 of 47 INDIAN RIVER COUNTY INSTRUCTIONS TO BIDDERS GENERAL TERMS AND CONDITIONS Sealed Bids and Envelope Markings: All bids shall be submitted in a sealed envelope . The outside of the envelope shall be clearly marked with the Bid # , Title of the Bid , Date of the Bid opening, and Time of the Bid Opening . Opening Location : It will be the sole responsibility of the bidder to deliver personally or mail their proposal to the office of the Indian River County Purchasing Division , 1800 27`x' Street , Vero Beach , FL 32960 on or before the closing hour and date shown for receipt of bids . Bids received in person or by mail after the stated time and date will not be considered . Bid Submission : All proposals must be signed with the legal Firm name and by an Officer or employee having authority to bind the company or firm by his / her signature . Proposals shall be submitted on forms provided by Indian River County . Bids not submitted on the attached form shall be rejected. An original bid and one copy shall be submitted unless otherwise instructed . Should one desire to submit two separate bids , photocopy the bid form provided and submit on the reproduce form . Withdrawal of Bids: Bids may be amended or withdrawn only by written notice prior to the bid opening . Amendments must be sealed . Amendments or withdrawals received after the bid opening will not be effective , and the original bid submitted will be considered . Delivery Requirements: Delivery is "FOB Destination" unless delivery terms are specified otherwise . If Indian River County agrees in writing to reimburse Seller for transportation costs , Indian River County shall have the right to designate the method of shipment . In either case , the title and all risk of loss of the goods shall remain with the Seller until the goods received and accepted by Indian River County . Rejected materials will be returned to Seller at the Seller ' s risk and expense . Price and Discount Requirements : Quote net prices after deducting trade discounts . All discounts must be incorporated in the prices contained in the bid , and not shown separately . Invoices submitted must agree with the prices formally bid . Delivery and Completion Dates : Indicate delivery and completion dates . This may be a determining factor in the award of the bid . Indian River County may at its option , grant additional time for any delay or failure to perform hereunder if the delay will not adversely affect the best interests of the Indian River County and is due to causes beyond the control of the Vendor . Such grant must be in writing . Irrevocable Offer: Bidder warrants by virtue of bidding that the prices quoted in this bid shall remain firm and be considered an irrevocable offer for a period of sixty (60) days , during which time one or more of the bids received may be accepted by Indian River County . Assignment/Delegation : No right, obligation or interest shall be assigned or delegated by the Seller without prior written consent of Indian River County , without prejudice to Indian River County ' s other rights and remedies . Page 4 of 47 INDIAN RIVER COUNTY INSTRUCTIONS TO BIDDERS GENERAL TERMS AND CONDITIONS Sealed Bids and Envelope Markings: All bids shall be submitted in a sealed envelope . The outside of the envelope shall be clearly marked with the Bid # , Title of the Bid , Date of the Bid opening, and Time of the Bid Opening . Opening Location : It will be the sole responsibility of the bidder to deliver personally or mail their proposal to the office of the Indian River County Purchasing Division , 1800 27`x' Street , Vero Beach , FL 32960 on or before the closing hour and date shown for receipt of bids . Bids received in person or by mail after the stated time and date will not be considered . Bid Submission : All proposals must be signed with the legal Firm name and by an Officer or employee having authority to bind the company or firm by his / her signature . Proposals shall be submitted on forms provided by Indian River County . Bids not submitted on the attached form shall be rejected. An original bid and one copy shall be submitted unless otherwise instructed . Should one desire to submit two separate bids , photocopy the bid form provided and submit on the reproduce form . Withdrawal of Bids: Bids may be amended or withdrawn only by written notice prior to the bid opening . Amendments must be sealed . Amendments or withdrawals received after the bid opening will not be effective , and the original bid submitted will be considered . Delivery Requirements: Delivery is "FOB Destination" unless delivery terms are specified otherwise . If Indian River County agrees in writing to reimburse Seller for transportation costs , Indian River County shall have the right to designate the method of shipment . In either case , the title and all risk of loss of the goods shall remain with the Seller until the goods received and accepted by Indian River County . Rejected materials will be returned to Seller at the Seller ' s risk and expense . Price and Discount Requirements : Quote net prices after deducting trade discounts . All discounts must be incorporated in the prices contained in the bid , and not shown separately . Invoices submitted must agree with the prices formally bid . Delivery and Completion Dates : Indicate delivery and completion dates . This may be a determining factor in the award of the bid . Indian River County may at its option , grant additional time for any delay or failure to perform hereunder if the delay will not adversely affect the best interests of the Indian River County and is due to causes beyond the control of the Vendor . Such grant must be in writing . Irrevocable Offer: Bidder warrants by virtue of bidding that the prices quoted in this bid shall remain firm and be considered an irrevocable offer for a period of sixty (60) days , during which time one or more of the bids received may be accepted by Indian River County . Assignment/Delegation : No right, obligation or interest shall be assigned or delegated by the Seller without prior written consent of Indian River County , without prejudice to Indian River County ' s other rights and remedies . Page 4 of 47 Consideration of Bids : Telegraphic , telephonic , or faxed bids will not be considered . Indemnification : The successful bidder shall agree to indemnify and save harmless Indian River County , its agents and employees , from and against all claims , suits , liabilities , actions , damages , costs , orders , judgments , or other liabilities , including all attorney ' s fees , and expenses for any personal injury , loss of life , or damage to property sustained by Indian River County arising out of or in incident to or in connection with Contractor' s performance under the contract . Nothing in the award or resulting contract shall be deemed to affect the rights , privileges , and immunities of Indian River County as set forth in Florida Statutes section 768 . 28 . Royalties and Patents: The successful bidder shall pay all royalties and license fees for the equipment or processes in conjunction with the equipment their furnishing . Further, the bidder shall defend at their expense all suits , actions, or judgments alleging infringement on any United States Patent by reason of the use or resale of any piece of material furnished user and will save Indian River County harmless from all expense of defending said suits and from all payments which may be assessed against the purchaser on account of such infringement . Public Access : The Seller shall allow public access to all documents and materials in accordance with the provisions of Chapter 119 , Florida Statutes . Should the Seller assert any exemptions to the requirements of Chapter 119 , Florida Statutes , and related statutes , the burden of establishing such exemption, by the way of injunctive or other relief as provided by law, shall be upon the Seller . Records/Audit: The Seller shall maintain books , records and documents pertinent to performance under this Order in accordance with generally accepted accounting principles consistently applied . Indian River County shall have inspection and audit rights to such records for audit purposes during the term of the contract and for three years following the termination of obligations hereunder . Records which relate to any litigation , appeals or settlements of claims arising from performance under this Order shall be made available until a final disposition has been made of such litigation , appeals , or claims . Variations to Specifications : For purposes of evaluation , Bidder must indicate any variances from the specifications and / or conditions on the form provided with this Invitation to Bid . Otherwise , It will be assumed that the product or service fully complies with the specifications . Items specifically described as alternates shall be reviewed as an alternative bid to be considered by Indian River County, in lieu of the primarily specified item(s) . However, item (s) varying from the published specifications shall be considered substitutes , and Indian River County reserves the right to consider or not to consider substitute bids . Substitutes shall be subject to disqualification if Indian River County does not approve the substitution . Interpretations: No oral interpretations will be made to any Bidder as to the meaning of the Specifications . Every request for such an interpretation shall be made in writing, addressed and forwarded to Indian River County Purchasing , ten ( 10) or more days before the date fixed for opening of the bids . Indian River County shall not be responsible for oral interpretations given by any Indian River County employee . Every interpretation made to bidder will be in the form of an Addendum to the specifications , which if issued, will be sent promptly as is practical to all persons to whom specifications have been issued . All such Addenda shall become part of the specifications . Further, it shall be the responsibility of each bidder , prior to submitting their bid, to contact Indian River County ' s Page 5 of 47 Consideration of Bids : Telegraphic , telephonic , or faxed bids will not be considered . Indemnification : The successful bidder shall agree to indemnify and save harmless Indian River County , its agents and employees , from and against all claims , suits , liabilities , actions , damages , costs , orders , judgments , or other liabilities , including all attorney ' s fees , and expenses for any personal injury , loss of life , or damage to property sustained by Indian River County arising out of or in incident to or in connection with Contractor' s performance under the contract . Nothing in the award or resulting contract shall be deemed to affect the rights , privileges , and immunities of Indian River County as set forth in Florida Statutes section 768 . 28 . Royalties and Patents: The successful bidder shall pay all royalties and license fees for the equipment or processes in conjunction with the equipment their furnishing . Further, the bidder shall defend at their expense all suits , actions, or judgments alleging infringement on any United States Patent by reason of the use or resale of any piece of material furnished user and will save Indian River County harmless from all expense of defending said suits and from all payments which may be assessed against the purchaser on account of such infringement . Public Access : The Seller shall allow public access to all documents and materials in accordance with the provisions of Chapter 119 , Florida Statutes . Should the Seller assert any exemptions to the requirements of Chapter 119 , Florida Statutes , and related statutes , the burden of establishing such exemption, by the way of injunctive or other relief as provided by law, shall be upon the Seller . Records/Audit: The Seller shall maintain books , records and documents pertinent to performance under this Order in accordance with generally accepted accounting principles consistently applied . Indian River County shall have inspection and audit rights to such records for audit purposes during the term of the contract and for three years following the termination of obligations hereunder . Records which relate to any litigation , appeals or settlements of claims arising from performance under this Order shall be made available until a final disposition has been made of such litigation , appeals , or claims . Variations to Specifications : For purposes of evaluation , Bidder must indicate any variances from the specifications and / or conditions on the form provided with this Invitation to Bid . Otherwise , It will be assumed that the product or service fully complies with the specifications . Items specifically described as alternates shall be reviewed as an alternative bid to be considered by Indian River County, in lieu of the primarily specified item(s) . However, item (s) varying from the published specifications shall be considered substitutes , and Indian River County reserves the right to consider or not to consider substitute bids . Substitutes shall be subject to disqualification if Indian River County does not approve the substitution . Interpretations: No oral interpretations will be made to any Bidder as to the meaning of the Specifications . Every request for such an interpretation shall be made in writing, addressed and forwarded to Indian River County Purchasing , ten ( 10) or more days before the date fixed for opening of the bids . Indian River County shall not be responsible for oral interpretations given by any Indian River County employee . Every interpretation made to bidder will be in the form of an Addendum to the specifications , which if issued, will be sent promptly as is practical to all persons to whom specifications have been issued . All such Addenda shall become part of the specifications . Further, it shall be the responsibility of each bidder , prior to submitting their bid, to contact Indian River County ' s Page 5 of 47 Purchasing Division at ( 772) 226 - 1418 to determine if addenda were issued and to make such addenda a part of their bid . Default Provision : In case of default by the Bidder, Indian River County may procure the articles or services from other sources and hold the Bidder responsible for excess incurred thereby , and may take such action , as it deems appropriate , including legal action for Damages or Specific Performance . Manufacturer 's Certification : Indian River County reserves the right to request from the Bidder a separate manufacturer ' s certification of all statements made in the proposal . Signed Bid Considered an Offer: This signed bid shall be considered an offer on the part of the Bidder . Indian River County Board of County Commissioners shall deem the offer accepted upon approval . Non Collusion : By signing and submitting the Bid Form , the Bidder certifies that, • This bid has been arrived at by the bidder independently and has been submitted without collusion , and without any agreement , understanding , or planned common course , or action with , any vendor of materials , supplies , equipment, or services described in the invitation to bid , designed to limit independent bidding or competition , and • The contents of the bid have not been communicated by the bidder or its employees or agents to any person not an employee or an agent of the bidder or its surety on any bond furnished with the bid , and will not be communicated to any such person prior to the official opening of the bid . • No attempt has been made or will be made by the bidder to induce any other person(s) or firm ( s) to submit or not to submit a bid for the purpose of restricting competition . Regulations : It shall be the responsibility of the bidder to assure compliance with any OSHA , EPA and / or other Federal or State of Florida rules , regulations , or other requirements, as each may apply . Applicable Law and Venue : This Order and all rights and duties of the parties hereto shall be governed by the laws of the State of Florida, including but not limited to the provisions of the Florida Uniform Commercial Code Chapters 671 - 679 F . S . , for any terms and conditions not specifically stated in this Order . Conflict of Interest: Any entity submitting a bid or proposal or entering into a contract with Indian River County shall disclose any relationship that may exist between the contracting entity and an Indian River County Commissioner or an Indian River County Employee . The relationship with a Indian River County Commissioner or an Indian River 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. The term " affiliate" includes those officers , directors , executives , partners , shareholders , employees , members , and agents who are active in the management of the entity . The disclosure of relationships shall be a sworn statement made on an Indian River County approved form . Failure to submit the form may be cause for rejection of the bid . Page 6 of 47 Purchasing Division at ( 772) 226 - 1418 to determine if addenda were issued and to make such addenda a part of their bid . Default Provision : In case of default by the Bidder, Indian River County may procure the articles or services from other sources and hold the Bidder responsible for excess incurred thereby , and may take such action , as it deems appropriate , including legal action for Damages or Specific Performance . Manufacturer 's Certification : Indian River County reserves the right to request from the Bidder a separate manufacturer ' s certification of all statements made in the proposal . Signed Bid Considered an Offer: This signed bid shall be considered an offer on the part of the Bidder . Indian River County Board of County Commissioners shall deem the offer accepted upon approval . Non Collusion : By signing and submitting the Bid Form , the Bidder certifies that, • This bid has been arrived at by the bidder independently and has been submitted without collusion , and without any agreement , understanding , or planned common course , or action with , any vendor of materials , supplies , equipment, or services described in the invitation to bid , designed to limit independent bidding or competition , and • The contents of the bid have not been communicated by the bidder or its employees or agents to any person not an employee or an agent of the bidder or its surety on any bond furnished with the bid , and will not be communicated to any such person prior to the official opening of the bid . • No attempt has been made or will be made by the bidder to induce any other person(s) or firm ( s) to submit or not to submit a bid for the purpose of restricting competition . Regulations : It shall be the responsibility of the bidder to assure compliance with any OSHA , EPA and / or other Federal or State of Florida rules , regulations , or other requirements, as each may apply . Applicable Law and Venue : This Order and all rights and duties of the parties hereto shall be governed by the laws of the State of Florida, including but not limited to the provisions of the Florida Uniform Commercial Code Chapters 671 - 679 F . S . , for any terms and conditions not specifically stated in this Order . Conflict of Interest: Any entity submitting a bid or proposal or entering into a contract with Indian River County shall disclose any relationship that may exist between the contracting entity and an Indian River County Commissioner or an Indian River County Employee . The relationship with a Indian River County Commissioner or an Indian River 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. The term " affiliate" includes those officers , directors , executives , partners , shareholders , employees , members , and agents who are active in the management of the entity . The disclosure of relationships shall be a sworn statement made on an Indian River County approved form . Failure to submit the form may be cause for rejection of the bid . Page 6 of 47 Cancellation : It is the intention of Indian River County to purchase material and / or services from sources of supply that will provide prompt and convenient shipment and service . Any failure of the supplier to satisfy the requirements of Indian River County shall be reason for termination of the award . Errors: When an error is made in the bid extension of generating total bid prices or in any other process of completing the bid , the original unit prices submitted will govern . Carelessness in quoting prices , or in preparation of the bid otherwise , will not relieve the bidder . Bid Rejection : Failure to comply with all the above instructions may result in rejection of the bid . Bid Protest: Any actual or prospective bidder who is aggrieved in connection with the solicitation or proposed award of a contract may protest to the Purchasing Manger . The protest shall be submitted in writing within seven (7 ) calendar days after such aggrieved person knows or should have known the facts rise thereto . If the protest is not resolved by mutual agreement, the Purchasing Manager shall promptly issue a decision in writing , after consulting the Department and the Office of Indian River County Attorney . Co- Operative Purchasing: It is the intent of the Invitation of Bid to secure goods or services to be used by Indian River County . However, by virtue of bidding, the bidder accepts the right of other Florida Governmental agencies to purchase from this bid proposal . The successful bidder and the requesting Governmental agency , apart from Indian River County, shall handle any such purchases separately . Further , Indian River County assumes no liability for materials or services ordered by any other Governmental agency by virtue of this bid . (Bidders that find this condition unsatisfactory should indicate this by showing exception on the Bid Form .) Awards: Indian River County reserves the right to make award(s) by individual item , aggregate or none, or a combination thereof; with one or more suppliers ; to cancel the bid , reject any and all bids or waive any minor irregularity or technicality in bids received . When it is determined there is no competition to the lowest responsive bidder , evaluation of other bids is not required . Bidders are cautioned to make no assumptions unless their bid has been evaluated as being responsive . Indian River County reserves the right to not make any award( s ) under this bid . Criteria for Award : A . Compliance to the specifications B . Delivery C . Warranty and Service Location D . Cost E . Disclosure Statement Indian River County reserves the right to accept or reject any or all bids in whole or in part and waive all formalities . Termination by Indian River County: Indian River County reserves the right to terminate a contract by giving thirty (30) days notice , in writing , of the intention to terminate , if at any time the contractor fails to abide by or fulfill any of the terms and conditions of the contract . Indian River County also reserves Page 7 of 47 Cancellation : It is the intention of Indian River County to purchase material and / or services from sources of supply that will provide prompt and convenient shipment and service . Any failure of the supplier to satisfy the requirements of Indian River County shall be reason for termination of the award . Errors: When an error is made in the bid extension of generating total bid prices or in any other process of completing the bid , the original unit prices submitted will govern . Carelessness in quoting prices , or in preparation of the bid otherwise , will not relieve the bidder . Bid Rejection : Failure to comply with all the above instructions may result in rejection of the bid . Bid Protest: Any actual or prospective bidder who is aggrieved in connection with the solicitation or proposed award of a contract may protest to the Purchasing Manger . The protest shall be submitted in writing within seven (7 ) calendar days after such aggrieved person knows or should have known the facts rise thereto . If the protest is not resolved by mutual agreement, the Purchasing Manager shall promptly issue a decision in writing , after consulting the Department and the Office of Indian River County Attorney . Co- Operative Purchasing: It is the intent of the Invitation of Bid to secure goods or services to be used by Indian River County . However, by virtue of bidding, the bidder accepts the right of other Florida Governmental agencies to purchase from this bid proposal . The successful bidder and the requesting Governmental agency , apart from Indian River County, shall handle any such purchases separately . Further , Indian River County assumes no liability for materials or services ordered by any other Governmental agency by virtue of this bid . (Bidders that find this condition unsatisfactory should indicate this by showing exception on the Bid Form .) Awards: Indian River County reserves the right to make award(s) by individual item , aggregate or none, or a combination thereof; with one or more suppliers ; to cancel the bid , reject any and all bids or waive any minor irregularity or technicality in bids received . When it is determined there is no competition to the lowest responsive bidder , evaluation of other bids is not required . Bidders are cautioned to make no assumptions unless their bid has been evaluated as being responsive . Indian River County reserves the right to not make any award( s ) under this bid . Criteria for Award : A . Compliance to the specifications B . Delivery C . Warranty and Service Location D . Cost E . Disclosure Statement Indian River County reserves the right to accept or reject any or all bids in whole or in part and waive all formalities . Termination by Indian River County: Indian River County reserves the right to terminate a contract by giving thirty (30) days notice , in writing , of the intention to terminate , if at any time the contractor fails to abide by or fulfill any of the terms and conditions of the contract . Indian River County also reserves Page 7 of 47 the right to terminate this contract for convenience of Indian River County and / or with or without cause . Compliance with Laws and Regulations : Bidder agrees that they will comply with all Federal , State , and Local Laws and Regulations applicable to the production, sale , and delivery of the goods or the furnishing of any labor or services called for by this order, and any provisions required thereby to be included herein shall be deemed to be incorporated herein by reference . Noncompliance may be considered grounds for termination of contracts . Public Record Law : Correspondence , materials , and documents received pursuant to this Invitation for Bid become public records subject to the provisions of Chapter 119 , Florida Statutes . Safety Standards : Unless otherwise stipulated in the bid , all manufactured items and fabricated assemblies shall comply with applicable requirements of the Federal Occupational Safety and Hazards Act (OSHA) , American National Standards Institute Safety Standards , and any Florida standards there under . ® Material Safety Data Sheets : In accordance with Chapter 442 , Florida Statutes , it is the seller ' s duty to advise Indian River County if a product is a listed toxic substance and to provide a Material Safety Data Sheet (MSDS ) at the time of delivery . Insurance : a Owners and Subcontractors Insurance : The contractor shall not commence work until they have obtained all the insurance required under this section , and until such insurance has been approved by the owner , nor shall the contractor allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor ' s work us covered by the protections afforded by the contractor ' s insurance . • Workers ' Compensation Insurance : The contractor shall procure and maintain workers ' compensation insurance to the extent required by law for all their employees to be engaged in work under this contract . In case any employees are to be engaged in hazardous work under this contract and are not protected under the workers ' compensation statute , the contractor shall provide adequate coverage for the protection of such employees . • Public Liability Insurance : The contractor shall procure and maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below . The owner shall be an additional named insured on this insurance on this insurance with respect to all claims arising out of the operations or work to be performed . Page 8 of 47 the right to terminate this contract for convenience of Indian River County and / or with or without cause . Compliance with Laws and Regulations : Bidder agrees that they will comply with all Federal , State , and Local Laws and Regulations applicable to the production, sale , and delivery of the goods or the furnishing of any labor or services called for by this order, and any provisions required thereby to be included herein shall be deemed to be incorporated herein by reference . Noncompliance may be considered grounds for termination of contracts . Public Record Law : Correspondence , materials , and documents received pursuant to this Invitation for Bid become public records subject to the provisions of Chapter 119 , Florida Statutes . Safety Standards : Unless otherwise stipulated in the bid , all manufactured items and fabricated assemblies shall comply with applicable requirements of the Federal Occupational Safety and Hazards Act (OSHA) , American National Standards Institute Safety Standards , and any Florida standards there under . ® Material Safety Data Sheets : In accordance with Chapter 442 , Florida Statutes , it is the seller ' s duty to advise Indian River County if a product is a listed toxic substance and to provide a Material Safety Data Sheet (MSDS ) at the time of delivery . Insurance : a Owners and Subcontractors Insurance : The contractor shall not commence work until they have obtained all the insurance required under this section , and until such insurance has been approved by the owner , nor shall the contractor allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor ' s work us covered by the protections afforded by the contractor ' s insurance . • Workers ' Compensation Insurance : The contractor shall procure and maintain workers ' compensation insurance to the extent required by law for all their employees to be engaged in work under this contract . In case any employees are to be engaged in hazardous work under this contract and are not protected under the workers ' compensation statute , the contractor shall provide adequate coverage for the protection of such employees . • Public Liability Insurance : The contractor shall procure and maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below . The owner shall be an additional named insured on this insurance on this insurance with respect to all claims arising out of the operations or work to be performed . Page 8 of 47 Commercial General COMMERCIAL GENERAL (PUBLIC) LIABILITY , A . Premises / Operations {`1 � OTHER THAN AUTOMOBILE Q . Independent Contractors C . Products / Completed Operations $ 1 , 000 ,000 . 00 COMBINED SINGLE LIMIT FOR D . Personal Injury BODILY INJURY AND PROPERTY DAMAGE F. Contractual n , Collapses , and Underground Property Damage AUTOMOBILE A . Owner Leased Automobiles B . Non-Owned Automobiles 51 ,000 , 000 . 00 COMBINED SINGLE LIMIT BODILY C . I-lire Automobiles INJURY AND DAMAGE LIABILITY • Proof of Carriage of Insurance : The contractor shall furnish the owner a certificate of insurance in a form acceptable to the owner for the insurance required . Such certificate or an endorsement provided by the contractor must state that the owner will be given thirty ( 30) days written notice prior to cancellation or material change in coverage . Copies of an endorsement- naming owner as Additional Name Insured must accompany the Certificate of Insurance . Note : Any and all special conditions attached hereto, n; hich may vary from these General Conditions, shall have precedence . Page 9 of 47 Commercial General COMMERCIAL GENERAL (PUBLIC) LIABILITY , A . Premises / Operations {`1 � OTHER THAN AUTOMOBILE Q . Independent Contractors C . Products / Completed Operations $ 1 , 000 ,000 . 00 COMBINED SINGLE LIMIT FOR D . Personal Injury BODILY INJURY AND PROPERTY DAMAGE F. Contractual n , Collapses , and Underground Property Damage AUTOMOBILE A . Owner Leased Automobiles B . Non-Owned Automobiles 51 ,000 , 000 . 00 COMBINED SINGLE LIMIT BODILY C . I-lire Automobiles INJURY AND DAMAGE LIABILITY • Proof of Carriage of Insurance : The contractor shall furnish the owner a certificate of insurance in a form acceptable to the owner for the insurance required . Such certificate or an endorsement provided by the contractor must state that the owner will be given thirty ( 30) days written notice prior to cancellation or material change in coverage . Copies of an endorsement- naming owner as Additional Name Insured must accompany the Certificate of Insurance . Note : Any and all special conditions attached hereto, n; hich may vary from these General Conditions, shall have precedence . Page 9 of 47 LOCAL PREFERENCE IN PURCHASING OR CONTRACTING �✓ Effective August 1 , 2009 , Indian River County adopted a local preference ordinance , Ordinance No . 2009 — 010 as set forth below : Section 105 . 041 LOCAL PREFERENCE IN PURCHASING OR CONTRACTING A . DEFINITIONS ( 1 ) " Local business " shall mean a business that meets all of the following criteria : ( a ) Has had a staffed and fixed office or distribution point , with a verifiable street address , located within Brevard ; Indian River ; Martin ; Okeechobee ; Osceola ; or St . Lucie County for at least one ( 1 ) full calendar year immediately prior to the issuance of the request for competitive bids or request for proposals by the County . Post office boxes shall not be used or considered for the purpose of establishing a physical address ; and ( b ) Has had , for at least 12 months prior to the date of the advertisement for the particular good or service being solicited , a current " Local Business Tax Receipt" issued by Brevard ; Indian River ; Martin ; Okeechobee ; Osceola ; or St . Lucie County , if applicable ; and ( c) Holds any license or competency card required by Indian River County ; if applicable and ( d ) if the contract is awarded , will be the person or entity in direct privity of contract with Indian River County and not as subcontractor , or any lower-tier subcontractor , materialman , or supplier . ( 2 ) " Non - local business " means a bidder that is not a local business , as defined herein . B . CERTIFICATION . Any person or entity claiming to be a local business , as defined herein , and desiring to receive local preference , shall complete and submit , together with all required attachments , a " Local Business Certification Form in the form provided by the County and contained within the bid package accompanying a public notice/advertisement. Any bidder who fails to complete , and submit the " Local Business Certification Form together with all required attachments with their bid shall not be granted local preference consideration for the purposes of that specific contract award . The Purchasing Division shall determine if a person or entity meets the definition of a " local business . " C . LOCAL PREFERENCE IN PURCHASES BY MEANS OF COMPETITIVE BID . In connection with any solicitation to which this Ordinance applies , Indian River County will give preference to local businesses in the following manner: 1 . When a qualified and responsive , non - local business submits the lowest price bid ( herein , " Apparent Low Bidder" ) , and the bid submitted by one or more qualified and responsive local businesses is equal to or within five percent ( 5 % ) of the price submitted by the Apparent Low Bidder , then the local business with the apparent next- lowest qualified and responsive bid offer ( herein , the " Lowest Local Bidder" ) shall have the opportunity to submit an offer to match the price ( s ) offered by the Apparent Low Bidder as follows : ( a ) the Purchasing Division shall invite , in writing , by e - mail , fax , or certified mail , the Lowest Local Bidder to submit a written matching offer to the Purchasing Division ( herein " Invitation " ) ; ( b ) the Lowest Local Bidder may , but shall not be obligated to , submit a written matching offer to the Purchasing Division within five ( 5 ) business days after receipt of the Invitation ; Page 10 of 47 LOCAL PREFERENCE IN PURCHASING OR CONTRACTING �✓ Effective August 1 , 2009 , Indian River County adopted a local preference ordinance , Ordinance No . 2009 — 010 as set forth below : Section 105 . 041 LOCAL PREFERENCE IN PURCHASING OR CONTRACTING A . DEFINITIONS ( 1 ) " Local business " shall mean a business that meets all of the following criteria : ( a ) Has had a staffed and fixed office or distribution point , with a verifiable street address , located within Brevard ; Indian River ; Martin ; Okeechobee ; Osceola ; or St . Lucie County for at least one ( 1 ) full calendar year immediately prior to the issuance of the request for competitive bids or request for proposals by the County . Post office boxes shall not be used or considered for the purpose of establishing a physical address ; and ( b ) Has had , for at least 12 months prior to the date of the advertisement for the particular good or service being solicited , a current " Local Business Tax Receipt" issued by Brevard ; Indian River ; Martin ; Okeechobee ; Osceola ; or St . Lucie County , if applicable ; and ( c) Holds any license or competency card required by Indian River County ; if applicable and ( d ) if the contract is awarded , will be the person or entity in direct privity of contract with Indian River County and not as subcontractor , or any lower-tier subcontractor , materialman , or supplier . ( 2 ) " Non - local business " means a bidder that is not a local business , as defined herein . B . CERTIFICATION . Any person or entity claiming to be a local business , as defined herein , and desiring to receive local preference , shall complete and submit , together with all required attachments , a " Local Business Certification Form in the form provided by the County and contained within the bid package accompanying a public notice/advertisement. Any bidder who fails to complete , and submit the " Local Business Certification Form together with all required attachments with their bid shall not be granted local preference consideration for the purposes of that specific contract award . The Purchasing Division shall determine if a person or entity meets the definition of a " local business . " C . LOCAL PREFERENCE IN PURCHASES BY MEANS OF COMPETITIVE BID . In connection with any solicitation to which this Ordinance applies , Indian River County will give preference to local businesses in the following manner: 1 . When a qualified and responsive , non - local business submits the lowest price bid ( herein , " Apparent Low Bidder" ) , and the bid submitted by one or more qualified and responsive local businesses is equal to or within five percent ( 5 % ) of the price submitted by the Apparent Low Bidder , then the local business with the apparent next- lowest qualified and responsive bid offer ( herein , the " Lowest Local Bidder" ) shall have the opportunity to submit an offer to match the price ( s ) offered by the Apparent Low Bidder as follows : ( a ) the Purchasing Division shall invite , in writing , by e - mail , fax , or certified mail , the Lowest Local Bidder to submit a written matching offer to the Purchasing Division ( herein " Invitation " ) ; ( b ) the Lowest Local Bidder may , but shall not be obligated to , submit a written matching offer to the Purchasing Division within five ( 5 ) business days after receipt of the Invitation ; Page 10 of 47 (c) If the Lowest Local Bidder submits a written offer that matches the bid from the Apparent Low Bidder , such written offer shall be accepted and the Lowest Local Bidder shall be awarded the -' contract ; (d ) If the Lowest Local Bidder submits a written offer that does not match the bid from the Apparent Low Bidder , such written offer shall be rejected ; and (e ) thereupon , the next successive lowest qualified and responsive local bidder , if and only if their bid is less than or within five percent ( 5 % ) of the Apparent Low Bidder will receive the Invitation . (f) This cycle shall be repeated until there are no remaining local bidders less than or within five percent ( 5 % ) , then award shall be made to the Apparent Low Bidder 2 . If the Lowest Local Bidder and successive next lowest local bidders do not respond , decline , or are unable to match the Apparent Low Bidder bid price ( s ) , then award will be made to the Apparent Low Bidder . D . BOARD APPROVAL OF CHANGE ORDERS . In the event a Local Bidder is awarded a contract pursuant to this Ordinance , all requests for change orders increasing the cost of the project must be approved by the Board of County Commissioners . E . NOTICE . All solicitations that are subject to this Ordinance shall include the substance of this local preference Ordinance and the " Local Business Certification Form " . F . EXCLUSIONS AND LIMITATIONS . 1 . Waiver of local preference . The application of this Ordinance to a particular purchase or contract of the Board of County Commissioners may be waived only prior to bid solicitation/advertisement and with the approval of the Board of County Commissioners . 2 . The provisions of this Ordinance shall not apply where prohibited by federal law or Florida law , or under the conditions of any grant or other funding source . 3 . The provisions of this Ordinance shall not apply to contracts under the Consultants Competitive Negotiation Act ( CCNA) , Florida Statutes Section 287 . 055 , as CCNA allows consideration of location in the evaluative process . 4 . The provisions of this Ordinance shall not apply to any procurement where the local nature of a business has been addressed through scoring criteria . 5 . The General Services Department shall be responsible for developing , implementing , and maintaining administrative procedures in support of this policy . G . SUBSEQUENT REVIEW AND SUNSET PROVISION . On or about six months after the Effective Date of this Ordinance , the General Services Department will provide the Board with the results to date of this local preference policy and the status of regional reciprocity for Indian River County businesses by Brevard ; Martin ; Okeechobee ; Osceola ; and St . Lucie Counties . Within one year after the first bid awarded under this policy , the Board shall receive a similar report from the General Services Department and shall determine whether to continue or modify this policy . Nothing in this section shall prevent the Board from taking action sooner to revise or remove this local preference policy . Page 11 of 47 (c) If the Lowest Local Bidder submits a written offer that matches the bid from the Apparent Low Bidder , such written offer shall be accepted and the Lowest Local Bidder shall be awarded the -' contract ; (d ) If the Lowest Local Bidder submits a written offer that does not match the bid from the Apparent Low Bidder , such written offer shall be rejected ; and (e ) thereupon , the next successive lowest qualified and responsive local bidder , if and only if their bid is less than or within five percent ( 5 % ) of the Apparent Low Bidder will receive the Invitation . (f) This cycle shall be repeated until there are no remaining local bidders less than or within five percent ( 5 % ) , then award shall be made to the Apparent Low Bidder 2 . If the Lowest Local Bidder and successive next lowest local bidders do not respond , decline , or are unable to match the Apparent Low Bidder bid price ( s ) , then award will be made to the Apparent Low Bidder . D . BOARD APPROVAL OF CHANGE ORDERS . In the event a Local Bidder is awarded a contract pursuant to this Ordinance , all requests for change orders increasing the cost of the project must be approved by the Board of County Commissioners . E . NOTICE . All solicitations that are subject to this Ordinance shall include the substance of this local preference Ordinance and the " Local Business Certification Form " . F . EXCLUSIONS AND LIMITATIONS . 1 . Waiver of local preference . The application of this Ordinance to a particular purchase or contract of the Board of County Commissioners may be waived only prior to bid solicitation/advertisement and with the approval of the Board of County Commissioners . 2 . The provisions of this Ordinance shall not apply where prohibited by federal law or Florida law , or under the conditions of any grant or other funding source . 3 . The provisions of this Ordinance shall not apply to contracts under the Consultants Competitive Negotiation Act ( CCNA) , Florida Statutes Section 287 . 055 , as CCNA allows consideration of location in the evaluative process . 4 . The provisions of this Ordinance shall not apply to any procurement where the local nature of a business has been addressed through scoring criteria . 5 . The General Services Department shall be responsible for developing , implementing , and maintaining administrative procedures in support of this policy . G . SUBSEQUENT REVIEW AND SUNSET PROVISION . On or about six months after the Effective Date of this Ordinance , the General Services Department will provide the Board with the results to date of this local preference policy and the status of regional reciprocity for Indian River County businesses by Brevard ; Martin ; Okeechobee ; Osceola ; and St . Lucie Counties . Within one year after the first bid awarded under this policy , the Board shall receive a similar report from the General Services Department and shall determine whether to continue or modify this policy . Nothing in this section shall prevent the Board from taking action sooner to revise or remove this local preference policy . Page 11 of 47 GENERAL CONDITIONS Annual Bid for Sludge Dewatering and hauling EXPENSES INCURRED This solicitation does not commit Indian River County to pay any costs incurred in the preparation and submission of an offer in any form or to produce or contract for said services . Indian River County reserves the right to require any or all Respondents , at no cost to Indian River County , to provide additional information or documents as may be required . The Indian River County Board of County Commissioners or its designee are the only individuals who can commit Indian River County to the expenditure of funds in connection with any contract resulting from this solicitation . RESPONDENT ' S RESPONSIBILITY Before submitting a bid proposal , each Respondent shall make all investigations and examinations necessary to learn the conditions and requirements that may influence the performance of the services requested and the contract . Failure to make such investigations and examinations shall not relieve successful Respondents from the obligations to comply , in every detail , with all the provisions and requirements of the awarded contract nor shall it be a basis for any claim whatsoever for alteration in any condition of the awarded contract . ACCEPTANCE/REJECTION OF BID PROPOSALS Indian River County reserves the right to reject any and all bid proposals with or without cause , to waive technical errors and informalities , or to accept that bid proposal or combination of bid proposals , which in Indian River County ' s sole and absolute judgment, best serves the public interest. BIDDER ' S QUALIFICATIONS All Bidders ' must complete the questionnaire following the bid form in order to be considered for bid award . Indian River County reserves the right to reject the bids of unqualified or non-responsive Bidder ' s . COOPERATION/COORDINATION The OWNER and its authorized representatives shall be permitted access at every facility or property for the inspection of all work . Work by OWNER : Indian River County hereby reserves the right to perform activities in the area where work is being done under this contract with its own forces . Work by Other CONTRACTORS : Indian River County hereby reserves the right to permit other CONTRACTORS to work within the area, which is the site of the work under this contract . Coordination : CONTRACTOR shall afford OWNER and other CONTRACTORS reasonable opportunity for the introduction and storage of their equipment, materials and the execution of their work concurrently , and shall properly coordinate its work with theirs in the best interest of Indian River County . Page 12 of 47 GENERAL CONDITIONS Annual Bid for Sludge Dewatering and hauling EXPENSES INCURRED This solicitation does not commit Indian River County to pay any costs incurred in the preparation and submission of an offer in any form or to produce or contract for said services . Indian River County reserves the right to require any or all Respondents , at no cost to Indian River County , to provide additional information or documents as may be required . The Indian River County Board of County Commissioners or its designee are the only individuals who can commit Indian River County to the expenditure of funds in connection with any contract resulting from this solicitation . RESPONDENT ' S RESPONSIBILITY Before submitting a bid proposal , each Respondent shall make all investigations and examinations necessary to learn the conditions and requirements that may influence the performance of the services requested and the contract . Failure to make such investigations and examinations shall not relieve successful Respondents from the obligations to comply , in every detail , with all the provisions and requirements of the awarded contract nor shall it be a basis for any claim whatsoever for alteration in any condition of the awarded contract . ACCEPTANCE/REJECTION OF BID PROPOSALS Indian River County reserves the right to reject any and all bid proposals with or without cause , to waive technical errors and informalities , or to accept that bid proposal or combination of bid proposals , which in Indian River County ' s sole and absolute judgment, best serves the public interest. BIDDER ' S QUALIFICATIONS All Bidders ' must complete the questionnaire following the bid form in order to be considered for bid award . Indian River County reserves the right to reject the bids of unqualified or non-responsive Bidder ' s . COOPERATION/COORDINATION The OWNER and its authorized representatives shall be permitted access at every facility or property for the inspection of all work . Work by OWNER : Indian River County hereby reserves the right to perform activities in the area where work is being done under this contract with its own forces . Work by Other CONTRACTORS : Indian River County hereby reserves the right to permit other CONTRACTORS to work within the area, which is the site of the work under this contract . Coordination : CONTRACTOR shall afford OWNER and other CONTRACTORS reasonable opportunity for the introduction and storage of their equipment, materials and the execution of their work concurrently , and shall properly coordinate its work with theirs in the best interest of Indian River County . Page 12 of 47 COMMENCEMENT OF WORK The work shall commence within 7 days of the Notice to Proceed , which is subject to construction completion of the new Indian River County Biosolids Dewatering Facility . REQUIRED BONDS (IF PROJECT COST EXCEEDS $251000 . 00) Bid Security : Each bid must be accompanied by a cashier' s check, certified check or bid bond in the form attached to these specifications payable to Indian River County in the amount of five ( 5 ) percent of the bid submitted . Bid security will be forfeited if the successful bidder fails to execute a contract with Indian River County substantially in the form attached hereto within fifteen ( 15 ) days after notification of award of the contract. The OWNER shall within twenty (20) business days after the opening of the bids , return the bid securities of all bidders except those posted by the three lowest responsive bidders, whose bid securities will be returned upon the final award and execution of the contract between the successful bidder and the OWNER, and after proof of insurance and/or a Performance Bond as specified herein has been received by OWNER . Payment and Performance Bonds : Tile successful Bidder as Contractor shall furnish the County immediately upon execution of the Contract a Performance Bond in an amount equal to 100 percent of the contract price and a. Payment Bond in an amount equal to 100 percent of the contract price , each in the form provided in the Contract Documents . The Surety shall be authorized to issue surety bonds in Florida and be included in the most recent United States Department of Treasury List of Acceptable Sureties . The successful Bidder shall require the attorney-in -fact, who executed the Payment Bond and the Performance 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 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 Contractor shall provide two separate bonds ; a combined Payment and Performance Bond for 100 percent of the contract price is not an acceptable substitute . DEFECTIVE EQUIPMENT All equipment furnished or work performed , when not in accordance with the intent of these Specifications , shall be rejected and shall be removed immediately and replaced by suitable and satisfactory equipment . Failure to reject any defective work or equipment will not prevent later rejection when such a defect is discovered and shall not relieve the CONTRACTOR of his obligation to fulfill his contract even though such work and equipment have been previously inspected by the OWNER and accepted ; it shall not obligate the OWNER to final acceptance nor shall it prevent the OWNER in any time subsequent from recovering damages from work actually shown to be defective within a one ( 1 ) year period after the final acceptance . If the CONTRACTOR fails to remove any defective work or equipment, the OWNER shall have the right to stop work and remedy the cause at the expense of the CONTRACTOR . If the OWNER deems it expedient to accept minor imperfect work, the OWNER shall have the right to retain such work and an equitable deduction shall be made in the Conti-act price . SAFETY AND PROTECTION Safety. The CONTRACTOR shall furnish and install all necessary equipment and facilities for the protection of the workers and the safety of the public and shall cavy on this work in a manner best calculated to avoid injury to the public or to the workers . Protection of Adjacent Property and Utilities : The CONTRACTOR shall conduct his work in such a manner as to avoid damage to adjacent private or public property and shall immediately repair or pay for any damage incurred through his operations . The CONTRACTOR shall take cognizance of all existing utilities and he shall operate with due care in the vicinity of such utilities and shall immediately repair or have repaired at no additional costs to the OWNER any breakage or damage caused by his operation . Should the OWNER be a ' required to make such repairs , the cost of such repairs shall be deducted from the contract price . Page 13 of 47 COMMENCEMENT OF WORK The work shall commence within 7 days of the Notice to Proceed , which is subject to construction completion of the new Indian River County Biosolids Dewatering Facility . REQUIRED BONDS (IF PROJECT COST EXCEEDS $251000 . 00) Bid Security : Each bid must be accompanied by a cashier' s check, certified check or bid bond in the form attached to these specifications payable to Indian River County in the amount of five ( 5 ) percent of the bid submitted . Bid security will be forfeited if the successful bidder fails to execute a contract with Indian River County substantially in the form attached hereto within fifteen ( 15 ) days after notification of award of the contract. The OWNER shall within twenty (20) business days after the opening of the bids , return the bid securities of all bidders except those posted by the three lowest responsive bidders, whose bid securities will be returned upon the final award and execution of the contract between the successful bidder and the OWNER, and after proof of insurance and/or a Performance Bond as specified herein has been received by OWNER . Payment and Performance Bonds : Tile successful Bidder as Contractor shall furnish the County immediately upon execution of the Contract a Performance Bond in an amount equal to 100 percent of the contract price and a. Payment Bond in an amount equal to 100 percent of the contract price , each in the form provided in the Contract Documents . The Surety shall be authorized to issue surety bonds in Florida and be included in the most recent United States Department of Treasury List of Acceptable Sureties . The successful Bidder shall require the attorney-in -fact, who executed the Payment Bond and the Performance 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 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 Contractor shall provide two separate bonds ; a combined Payment and Performance Bond for 100 percent of the contract price is not an acceptable substitute . DEFECTIVE EQUIPMENT All equipment furnished or work performed , when not in accordance with the intent of these Specifications , shall be rejected and shall be removed immediately and replaced by suitable and satisfactory equipment . Failure to reject any defective work or equipment will not prevent later rejection when such a defect is discovered and shall not relieve the CONTRACTOR of his obligation to fulfill his contract even though such work and equipment have been previously inspected by the OWNER and accepted ; it shall not obligate the OWNER to final acceptance nor shall it prevent the OWNER in any time subsequent from recovering damages from work actually shown to be defective within a one ( 1 ) year period after the final acceptance . If the CONTRACTOR fails to remove any defective work or equipment, the OWNER shall have the right to stop work and remedy the cause at the expense of the CONTRACTOR . If the OWNER deems it expedient to accept minor imperfect work, the OWNER shall have the right to retain such work and an equitable deduction shall be made in the Conti-act price . SAFETY AND PROTECTION Safety. The CONTRACTOR shall furnish and install all necessary equipment and facilities for the protection of the workers and the safety of the public and shall cavy on this work in a manner best calculated to avoid injury to the public or to the workers . Protection of Adjacent Property and Utilities : The CONTRACTOR shall conduct his work in such a manner as to avoid damage to adjacent private or public property and shall immediately repair or pay for any damage incurred through his operations . The CONTRACTOR shall take cognizance of all existing utilities and he shall operate with due care in the vicinity of such utilities and shall immediately repair or have repaired at no additional costs to the OWNER any breakage or damage caused by his operation . Should the OWNER be a ' required to make such repairs , the cost of such repairs shall be deducted from the contract price . Page 13 of 47 CONTRACT PERIOD This Contract shall be binding on the parties for a period of twelve ( 12 ) consecutive months from the date of this Contract by both parties unless terminated earlier in accordance with its terms . The contract start date is subject to construction completion of the new Indian River County Biosolids Dewatering Facility . Indian River County may extend the term of this Contract for up to four (4) additional terms of twelve ( 12) months each on the same terms and conditions subject to CONTRACTOR acceptance , satisfactory performance and determination that renewal will be in the best interest of Indian River County . REQUIRED NOTIFICATIONS The Contractor shall notify Indian River County immediately upon any change in ownership or financial condition of the company . Indian River County reserves the right to terminate any contract entered into between Indian River County and an awarded Contractor if in Indian River County ' s sole and absolute judgment changes to the company ' s ownership or financial condition renders the Contractor unable to perform the scope of services sought under this contract . The Contractor shall disclose future contractual obligation within the State of Florida throughout the term of the contract and provide reasonable assurance that such obligations will not preclude the Contractor from meeting its obligations under this Contract . ADJUSTMENTS TO RATES Price adjustments will be made on an annual basis after the first 12 -month term based on the consumer price index (CPI) . Unit prices shall be adjusted upward or downward annually to reflect changes in the CPI for all urban consumers for the South. Should the CPI be discontinued or substantially modified, an alternate index shall be chosen by mutual agreement of the Contractor and Indian River County . Beginning on January 2011 and on each January 1 thereafter, the unit contract prices shall be adjusted to reflect the increase or decrease in the CPI for the immediately preceding twelve ( 12 ) month period of January to January . The Contractor shall notify Indian River County in writing of increases that are based on the CPI , as provided in this section , no less than thirty ( 30) days prior to their implementation. Page 14 of 47 CONTRACT PERIOD This Contract shall be binding on the parties for a period of twelve ( 12 ) consecutive months from the date of this Contract by both parties unless terminated earlier in accordance with its terms . The contract start date is subject to construction completion of the new Indian River County Biosolids Dewatering Facility . Indian River County may extend the term of this Contract for up to four (4) additional terms of twelve ( 12) months each on the same terms and conditions subject to CONTRACTOR acceptance , satisfactory performance and determination that renewal will be in the best interest of Indian River County . REQUIRED NOTIFICATIONS The Contractor shall notify Indian River County immediately upon any change in ownership or financial condition of the company . Indian River County reserves the right to terminate any contract entered into between Indian River County and an awarded Contractor if in Indian River County ' s sole and absolute judgment changes to the company ' s ownership or financial condition renders the Contractor unable to perform the scope of services sought under this contract . The Contractor shall disclose future contractual obligation within the State of Florida throughout the term of the contract and provide reasonable assurance that such obligations will not preclude the Contractor from meeting its obligations under this Contract . ADJUSTMENTS TO RATES Price adjustments will be made on an annual basis after the first 12 -month term based on the consumer price index (CPI) . Unit prices shall be adjusted upward or downward annually to reflect changes in the CPI for all urban consumers for the South. Should the CPI be discontinued or substantially modified, an alternate index shall be chosen by mutual agreement of the Contractor and Indian River County . Beginning on January 2011 and on each January 1 thereafter, the unit contract prices shall be adjusted to reflect the increase or decrease in the CPI for the immediately preceding twelve ( 12 ) month period of January to January . The Contractor shall notify Indian River County in writing of increases that are based on the CPI , as provided in this section , no less than thirty ( 30) days prior to their implementation. Page 14 of 47 SUMMARY OF WORK PART 1 - - GENERAL 1 . 01 LOCATION OF WORK The work is located Countywide within the Indian River County Utility Urban Service Area. 1 . 02 DESCRIPTION OF WORK Indian River County Utilities is the owner of three wastewater treatment facilities and the Indian River County Biosolids Dewatering Facility (Biosolids Dewatering Facility) located at 1350 74th Ave . SW , Vero Beach Florida 32968 . This facility receives domestic residuals, septage and grease from Indian River County wastewater treatment facilities , local septic tank haulers , and recreational vehicles from residents . Indian River County is requesting proposals from qualified CONTRACTORS to operate the Biosolids Dewatering Facility and haul sludge from Indian River County owned wastewater treatment facilities to the Biosolids Dewatering Facility . CONTRACTOR will also be responsible for dewatering the sludge and disposing of it in the Indian River County Landfill . The CONTRACTOR will be responsible for providing all labor, equipment , trucks , trailers , operators , drivers , chemicals , and supplies to haul sludge from Indian River County owned wastewater treatment facilities to the Biosolids Dewatering Facility , dewater it, and dispose of it in the landfill . The CONTRACTOR will ( also be responsible for the cost of the electricity required to operate the CONTRACTOR ' S centrifuge equipment . Indian River County will not be responsible for providing any labor, equipment, trucks , trailers , operators , drivers , chemicals , or supplies to the CONTRACTOR other than the Biosolids Dewatering Facility. Indian River County will be responsible for the cost of the water, telephone , and alarm monitoring at the Biosolids Dewatering Facility . The Indian River County owned wastewater treatment facilities have the capability of producing an annual volume of approximately 30 million gallons , and such residuals are required to be hauled to the Biosolids Dewatering Facility, dewatered , and disposed of at Indian River County Landfill located at 1325 74`x' Ave . S . W . The hauling , dewatering , and disposal of such is to be conducted by a professional licensed CONTRACTOR in accordance with the following . TECHNICAL SPECIFICATIONS ARTICLE I — OPERATIONS OF THE INDIAN RIVER COUNTY BIOSOLIDS DEWATERING FACILITY 1 . CONTRACTOR shall operate the Biosolids Dewatering Facility between the hours of 7 : 00 A . M . and 3 : 30 P . M Monday through Friday and 9 : 00 A . M . and 12 P . M . , Saturday . 2 . CONTRACTOR shall operate the Dewatering Facility in accordance with the Florida Department of Environmental Protection (FDEP) Domestic Wastewater Facility Permit (Permit No . FLA010434) . Page 15 of 47 SUMMARY OF WORK PART 1 - - GENERAL 1 . 01 LOCATION OF WORK The work is located Countywide within the Indian River County Utility Urban Service Area. 1 . 02 DESCRIPTION OF WORK Indian River County Utilities is the owner of three wastewater treatment facilities and the Indian River County Biosolids Dewatering Facility (Biosolids Dewatering Facility) located at 1350 74th Ave . SW , Vero Beach Florida 32968 . This facility receives domestic residuals, septage and grease from Indian River County wastewater treatment facilities , local septic tank haulers , and recreational vehicles from residents . Indian River County is requesting proposals from qualified CONTRACTORS to operate the Biosolids Dewatering Facility and haul sludge from Indian River County owned wastewater treatment facilities to the Biosolids Dewatering Facility . CONTRACTOR will also be responsible for dewatering the sludge and disposing of it in the Indian River County Landfill . The CONTRACTOR will be responsible for providing all labor, equipment , trucks , trailers , operators , drivers , chemicals , and supplies to haul sludge from Indian River County owned wastewater treatment facilities to the Biosolids Dewatering Facility , dewater it, and dispose of it in the landfill . The CONTRACTOR will ( also be responsible for the cost of the electricity required to operate the CONTRACTOR ' S centrifuge equipment . Indian River County will not be responsible for providing any labor, equipment, trucks , trailers , operators , drivers , chemicals , or supplies to the CONTRACTOR other than the Biosolids Dewatering Facility. Indian River County will be responsible for the cost of the water, telephone , and alarm monitoring at the Biosolids Dewatering Facility . The Indian River County owned wastewater treatment facilities have the capability of producing an annual volume of approximately 30 million gallons , and such residuals are required to be hauled to the Biosolids Dewatering Facility, dewatered , and disposed of at Indian River County Landfill located at 1325 74`x' Ave . S . W . The hauling , dewatering , and disposal of such is to be conducted by a professional licensed CONTRACTOR in accordance with the following . TECHNICAL SPECIFICATIONS ARTICLE I — OPERATIONS OF THE INDIAN RIVER COUNTY BIOSOLIDS DEWATERING FACILITY 1 . CONTRACTOR shall operate the Biosolids Dewatering Facility between the hours of 7 : 00 A . M . and 3 : 30 P . M Monday through Friday and 9 : 00 A . M . and 12 P . M . , Saturday . 2 . CONTRACTOR shall operate the Dewatering Facility in accordance with the Florida Department of Environmental Protection (FDEP) Domestic Wastewater Facility Permit (Permit No . FLA010434) . Page 15 of 47 3 . CONTRACTOR shall provide a qualified , certified operator in accordance with FDEP Permit No . FLA010434 for operation of the Biosolids Dewatering Facility . At a minimum , the operator shall be Class B or higher operator and be onsite 1 hour/day for 3 days/week . The operator ' s qualifications shall be submitted to Indian River County for approval . In addition, other personnel that are trained in the treatment process and equipment being used, working under the direction of a certified operator, shall be present at the Dewatering Facility during loading and unloading operations and during other operating hours . A certified operator shall be on call during periods the plant is unattended . 4 . Submitted proposals shall include the number of daily and monthly man- hours of operator coverage anticipated to be provided by the Proposer . This information shall be labeled as "ATTACHMENT 1 " and attached to the Bid Form . 5 . Monitoring results shall be reported at the intervals specified in FDEP Permit No . FLA010434 and shall be reported on a Discharge Monitoring Report (DMR) , DEP Form 62 - 620 . 910 ( 10) . The CONTRACTOR shall submit a copy of the DMR to Indian River County , for Indian River County ' s review of compliance with FDEP Permit No . FLA010434 and other regulatory requirements . DMRs shall include at a minimum the following : ® Flow, liquid sidestream to the Indian River County West Wastewater Treatment Facility • Biochemical oxygen demand • Total suspended solids • pH • Bulk weight of dewatered product ® Percent solids of dewatered product e Dry weight of dewatered product o Total grit removed from septage 6 . Submittal and approval of the DMR from a compliance perspective with all applicable regulatory requirements shall be a condition for payment of the CONTRACTOR ' s unit treatment cost for the particular month covered by the DMR . 7 . Payment of the CONTRACTOR ' s unit treatment cost for the particular month will only be approved if the DMR shows that the CONTRACTOR ' s is operating the Dewatering Facility in compliance with the permit conditions listed in FDEP Permit No . FLA010434 . 8 . CONTRACTOR shall collect and analyze all parameters which must be monitored in accordance with Chapter 62 - 601 , F . A . C . CONTRACTOR has maintain properly executed load manifests and daily scale weight ledgers on- site and be readily available for FDEP inspection . The reports shall address the total quantity of domestic residuals , septage , and grease processed and trucked away each day . 9 . Field activities including on- site tests and sample collection , whether performed by a laboratory or a certified operator, must follow the applicable procedures described in DEP - SOP - 001 /01 (January 2002 ) . Alternate field procedures and laboratory methods may be used where they have been approved according to the requirements of Rules 62 - 160 . 220 , and 62 - 160 . 330 , F . A . C . Page 16 of 47 3 . CONTRACTOR shall provide a qualified , certified operator in accordance with FDEP Permit No . FLA010434 for operation of the Biosolids Dewatering Facility . At a minimum , the operator shall be Class B or higher operator and be onsite 1 hour/day for 3 days/week . The operator ' s qualifications shall be submitted to Indian River County for approval . In addition, other personnel that are trained in the treatment process and equipment being used, working under the direction of a certified operator, shall be present at the Dewatering Facility during loading and unloading operations and during other operating hours . A certified operator shall be on call during periods the plant is unattended . 4 . Submitted proposals shall include the number of daily and monthly man- hours of operator coverage anticipated to be provided by the Proposer . This information shall be labeled as "ATTACHMENT 1 " and attached to the Bid Form . 5 . Monitoring results shall be reported at the intervals specified in FDEP Permit No . FLA010434 and shall be reported on a Discharge Monitoring Report (DMR) , DEP Form 62 - 620 . 910 ( 10) . The CONTRACTOR shall submit a copy of the DMR to Indian River County , for Indian River County ' s review of compliance with FDEP Permit No . FLA010434 and other regulatory requirements . DMRs shall include at a minimum the following : ® Flow, liquid sidestream to the Indian River County West Wastewater Treatment Facility • Biochemical oxygen demand • Total suspended solids • pH • Bulk weight of dewatered product ® Percent solids of dewatered product e Dry weight of dewatered product o Total grit removed from septage 6 . Submittal and approval of the DMR from a compliance perspective with all applicable regulatory requirements shall be a condition for payment of the CONTRACTOR ' s unit treatment cost for the particular month covered by the DMR . 7 . Payment of the CONTRACTOR ' s unit treatment cost for the particular month will only be approved if the DMR shows that the CONTRACTOR ' s is operating the Dewatering Facility in compliance with the permit conditions listed in FDEP Permit No . FLA010434 . 8 . CONTRACTOR shall collect and analyze all parameters which must be monitored in accordance with Chapter 62 - 601 , F . A . C . CONTRACTOR has maintain properly executed load manifests and daily scale weight ledgers on- site and be readily available for FDEP inspection . The reports shall address the total quantity of domestic residuals , septage , and grease processed and trucked away each day . 9 . Field activities including on- site tests and sample collection , whether performed by a laboratory or a certified operator, must follow the applicable procedures described in DEP - SOP - 001 /01 (January 2002 ) . Alternate field procedures and laboratory methods may be used where they have been approved according to the requirements of Rules 62 - 160 . 220 , and 62 - 160 . 330 , F . A . C . Page 16 of 47 10 . Indian River County will maintain all of the Indian River County - owned buildings , equipment, instrumentation , and site facilities at the Biosolids Dewatering Facility . Indian River County will provide all maintenance records required by FDEP Permit No . FLA010434 to the CONTRACTOR for records . The CONTRACTOR shall maintain all of their own equipment and provide maintenance records required by FDEP Permit No . FLA010434 . 11 . CONTRACTOR shall maintain all documentation required by regulatory agencies and make such documentation available to Indian River County upon request . CONTRACTOR shall maintain the following records and make them available for inspection on the site of the permitted facility : a. Records of all compliance monitoring information , including all calibration and maintenance records and all data for continuous monitoring instrumentation and a copy of the laboratory certification showing the certification number of the laboratory , for at least three years from the date the sample or measurement was taken ; b . Copies of all reports required by the permit for at least three years from the date the report was prepared ; c . Records of all data, including reports and documents , used to complete the application for the permit for at least three years from the date the application was filed; d . Monitoring information, including a copy of the laboratory certification showing the laboratory certification number, related to the residuals use and disposal activities for the time period set forth in Chapter 62 - 640 , F . A . C . , for at least three years from the date of sampling or measurement; e . A copy of the current permit ; f. A copy of the current operation and maintenance manual as required by Chapter 62 - 600 , F . A . C . ; g . A copy of the facility record drawings ; h . Copies of the licenses of the current certified operators ; and i . Copies of the logs and schedules showing plant operations and equipment maintenance for three years from the date of the logs or schedules . The logs shall , at a minimum, include identification of the plant ; the signature and license number of the operator( s) and the signature of the person( s) making any entries ; date and time in and out ; specific operation and maintenance activities ; tests performed and samples taken ; and major repairs made . The logs shall be maintained on- site in a location accessible to 24 -hour inspection , protected from weather damage , and current to the last operation and maintenance performed . 12 . CONTRACTOR shall furnish all labor, materials , equipment and incidentals required to dewater the sludge complete with all pumps , piping , valves , and all appurtenances necessary to connect to the Dewatering Facility . 13 . CONTRACTOR shall meet all local ordinance requirements . 14 . CONTRACTOR will be responsible for purchasing the chemicals and fuel to be used at the facility during the dewatering process only . 15 . CONTRACTOR shall be responsible for the clean- up of any leachate , sludge , or residuals spills caused by the CONTRACTOR, on or off Indian River County property as well as any required Page 17 of 47 10 . Indian River County will maintain all of the Indian River County - owned buildings , equipment, instrumentation , and site facilities at the Biosolids Dewatering Facility . Indian River County will provide all maintenance records required by FDEP Permit No . FLA010434 to the CONTRACTOR for records . The CONTRACTOR shall maintain all of their own equipment and provide maintenance records required by FDEP Permit No . FLA010434 . 11 . CONTRACTOR shall maintain all documentation required by regulatory agencies and make such documentation available to Indian River County upon request . CONTRACTOR shall maintain the following records and make them available for inspection on the site of the permitted facility : a. Records of all compliance monitoring information , including all calibration and maintenance records and all data for continuous monitoring instrumentation and a copy of the laboratory certification showing the certification number of the laboratory , for at least three years from the date the sample or measurement was taken ; b . Copies of all reports required by the permit for at least three years from the date the report was prepared ; c . Records of all data, including reports and documents , used to complete the application for the permit for at least three years from the date the application was filed; d . Monitoring information, including a copy of the laboratory certification showing the laboratory certification number, related to the residuals use and disposal activities for the time period set forth in Chapter 62 - 640 , F . A . C . , for at least three years from the date of sampling or measurement; e . A copy of the current permit ; f. A copy of the current operation and maintenance manual as required by Chapter 62 - 600 , F . A . C . ; g . A copy of the facility record drawings ; h . Copies of the licenses of the current certified operators ; and i . Copies of the logs and schedules showing plant operations and equipment maintenance for three years from the date of the logs or schedules . The logs shall , at a minimum, include identification of the plant ; the signature and license number of the operator( s) and the signature of the person( s) making any entries ; date and time in and out ; specific operation and maintenance activities ; tests performed and samples taken ; and major repairs made . The logs shall be maintained on- site in a location accessible to 24 -hour inspection , protected from weather damage , and current to the last operation and maintenance performed . 12 . CONTRACTOR shall furnish all labor, materials , equipment and incidentals required to dewater the sludge complete with all pumps , piping , valves , and all appurtenances necessary to connect to the Dewatering Facility . 13 . CONTRACTOR shall meet all local ordinance requirements . 14 . CONTRACTOR will be responsible for purchasing the chemicals and fuel to be used at the facility during the dewatering process only . 15 . CONTRACTOR shall be responsible for the clean- up of any leachate , sludge , or residuals spills caused by the CONTRACTOR, on or off Indian River County property as well as any required Page 17 of 47 notification of, and documentation to regulatory agencies . Indian River County shall be immediately notified of any spill . ARTICLE II —DEWATERING 1 . CONTRACTOR shall process Indian River County sludge generated at Indian River County- owned wastewater treatment facilities . Indian River County sludge is anticipated to total approximately 30 million gallons per year with a feed percent solids range 2 percent to 3 percent . This figure is an estimate , and the actual Indian River County sludge , which is a mixture of septage and grease , generated may vary . The feed percent solids range is estimated and may increase or decrease depending on the operations of the Indian River County- owned wastewater treatment facilities . The CONTRACTOR shall be responsible for accepting and dewatering the sludge regardless of solids percentage . NOTE : CONTRACTOR shall assume all responsibility for the proper disposition of all Indian River County sludge once it is accepted by the CONTRACTOR . 2 . CONTRACTOR shall mobilized within 7 days of the Notice to Proceed . The contract start dated is subject to construction completion of the new Indian River County Biosolids Dewatering Facility . 3 . CONTRACTOR shall accept all of Indian River County ' s sludge , unless : a) The sludge is not of a type with respect to which CONTRACTOR is legally authorized , by regulatory agencies , to process . 4 . CONTRACTOR shall utilize centrifuge equipment for the dewatering operations . 5 . CONTRACTOR shall dewater Indian River County sludge to a minimum Total Solids Percent of 17 percent solids , and guarantee that the sludge will pass a paint filter test upon final disposition . 6 . CONTRACTOR shall perform daily Total Solids Percent testing and submit the test reports to Indian River County on a weekly basis . Grab samples of the sludge feed, centrate , and cake shall be taken each hour for each operating centrifuge . Each grab sample shall be combined in equal portions into daily composites for the sludge feed , centrate and cake . Each composite sample shall be analyzed for Total Solids Percent. These samples are in addition to any other parameters that may be required by the permit . The CONTRACTOR shall provide an operational log sheet, which will be provided by Indian River County , that shows the time and operating conditions at the time that each grab sample is taken . The operating conditions on the log shall include but not be limited to centrifuge speed, drive amps , torque , feed rate , totalizer flow number, polymer rate , polymer setting , holding tank feeding centrifuge , holding tank level ) . 7 . In the event the Total Solids Percent test shows that the minimum Total Solids Percent ( 17 percent) was not met, payment for that day will not be approved . 8 . Indian River County sludge volume calculations shall be based on dry tons produced , or other mutually acceptable methods , yielding a net price per dry ton produced . Page 18 of 47 notification of, and documentation to regulatory agencies . Indian River County shall be immediately notified of any spill . ARTICLE II —DEWATERING 1 . CONTRACTOR shall process Indian River County sludge generated at Indian River County- owned wastewater treatment facilities . Indian River County sludge is anticipated to total approximately 30 million gallons per year with a feed percent solids range 2 percent to 3 percent . This figure is an estimate , and the actual Indian River County sludge , which is a mixture of septage and grease , generated may vary . The feed percent solids range is estimated and may increase or decrease depending on the operations of the Indian River County- owned wastewater treatment facilities . The CONTRACTOR shall be responsible for accepting and dewatering the sludge regardless of solids percentage . NOTE : CONTRACTOR shall assume all responsibility for the proper disposition of all Indian River County sludge once it is accepted by the CONTRACTOR . 2 . CONTRACTOR shall mobilized within 7 days of the Notice to Proceed . The contract start dated is subject to construction completion of the new Indian River County Biosolids Dewatering Facility . 3 . CONTRACTOR shall accept all of Indian River County ' s sludge , unless : a) The sludge is not of a type with respect to which CONTRACTOR is legally authorized , by regulatory agencies , to process . 4 . CONTRACTOR shall utilize centrifuge equipment for the dewatering operations . 5 . CONTRACTOR shall dewater Indian River County sludge to a minimum Total Solids Percent of 17 percent solids , and guarantee that the sludge will pass a paint filter test upon final disposition . 6 . CONTRACTOR shall perform daily Total Solids Percent testing and submit the test reports to Indian River County on a weekly basis . Grab samples of the sludge feed, centrate , and cake shall be taken each hour for each operating centrifuge . Each grab sample shall be combined in equal portions into daily composites for the sludge feed , centrate and cake . Each composite sample shall be analyzed for Total Solids Percent. These samples are in addition to any other parameters that may be required by the permit . The CONTRACTOR shall provide an operational log sheet, which will be provided by Indian River County , that shows the time and operating conditions at the time that each grab sample is taken . The operating conditions on the log shall include but not be limited to centrifuge speed, drive amps , torque , feed rate , totalizer flow number, polymer rate , polymer setting , holding tank feeding centrifuge , holding tank level ) . 7 . In the event the Total Solids Percent test shows that the minimum Total Solids Percent ( 17 percent) was not met, payment for that day will not be approved . 8 . Indian River County sludge volume calculations shall be based on dry tons produced , or other mutually acceptable methods , yielding a net price per dry ton produced . Page 18 of 47 9 . CONTRACTOR ' S centrifuge dewatering equipment shall be self- contained in operation . Indian River County will provide an electrical connection point and connection points to the biosolids holding tank and the centrate lift station. CONTRACTOR shall be responsible for all connections to Indian River County equipment . 10 . The CONTRACTOR shall be responsible for the cost of the electricity required to operate the CONTRACTOR ' S centrifuge equipment . Indian River County will meter the electricity required to operate the CONTRACTOR ' S centrifuge equipment and deduct the cost from the CONTRACTOR ' S monthly invoice . 11 . CONTRACTOR will be responsible for purchasing the chemicals and fuel that is required for the dewatering process . 12 . CONTRACTOR ' S centrifuge dewatering equipment shall meet all current noise ordinance requirements . 13 . CONTRACTOR shall provide adequate , trained personnel to efficiently process Indian River County sludge . 14 . CONTRACTOR shall provide sufficient replacement dewatering equipment in the event of mechanical failure . 15 . CONTRACTOR ' S centrifuge dewatering equipment shall be portable and capable of dewatering all generated Indian River County sludge on a schedule mutually agreeable ; however , Indian River County shall have final approval of said schedule . 16 . CONTRACTOR shall provide the necessary equipment to deliver dewatered sludge to the Class I landfill cell at the Indian River County Landfill . CONTRACTOR shall be responsible for the tipping fees . 17 . CONTRACTOR shall be responsible for the clean- up of any spills caused by the CONTRACTOR, on or off Indian River County property , and required notification of, and documentation to regulatory agencies . Indian River County shall be immediately notified of any spill . CONTRACTOR shall be responsible for paying all fines or regulatory penalties that result from the spill or spills caused by the CONTRACTOR. IS . CONTRACTOR shall maintain all documentation required by regulatory agencies and make such documentation available to Indian River County upon request . 19 . CONTRACTOR responsibility for Indian River County sludge shall cease upon disposal in the Class I landfill , or other Indian River County authorized locations . 20 . CONTRACTOR shall provide a list of equipment that is proposed to be used for dewatering operations at the Indian River County Biosolids Dewatering Facility . CONTRACTOR will not be required to supply any equipment for Indian River County ' s use . 21 . CONTRACTOR shall provide an operating plan for work to be done . Page 19 of 47 9 . CONTRACTOR ' S centrifuge dewatering equipment shall be self- contained in operation . Indian River County will provide an electrical connection point and connection points to the biosolids holding tank and the centrate lift station. CONTRACTOR shall be responsible for all connections to Indian River County equipment . 10 . The CONTRACTOR shall be responsible for the cost of the electricity required to operate the CONTRACTOR ' S centrifuge equipment . Indian River County will meter the electricity required to operate the CONTRACTOR ' S centrifuge equipment and deduct the cost from the CONTRACTOR ' S monthly invoice . 11 . CONTRACTOR will be responsible for purchasing the chemicals and fuel that is required for the dewatering process . 12 . CONTRACTOR ' S centrifuge dewatering equipment shall meet all current noise ordinance requirements . 13 . CONTRACTOR shall provide adequate , trained personnel to efficiently process Indian River County sludge . 14 . CONTRACTOR shall provide sufficient replacement dewatering equipment in the event of mechanical failure . 15 . CONTRACTOR ' S centrifuge dewatering equipment shall be portable and capable of dewatering all generated Indian River County sludge on a schedule mutually agreeable ; however , Indian River County shall have final approval of said schedule . 16 . CONTRACTOR shall provide the necessary equipment to deliver dewatered sludge to the Class I landfill cell at the Indian River County Landfill . CONTRACTOR shall be responsible for the tipping fees . 17 . CONTRACTOR shall be responsible for the clean- up of any spills caused by the CONTRACTOR, on or off Indian River County property , and required notification of, and documentation to regulatory agencies . Indian River County shall be immediately notified of any spill . CONTRACTOR shall be responsible for paying all fines or regulatory penalties that result from the spill or spills caused by the CONTRACTOR. IS . CONTRACTOR shall maintain all documentation required by regulatory agencies and make such documentation available to Indian River County upon request . 19 . CONTRACTOR responsibility for Indian River County sludge shall cease upon disposal in the Class I landfill , or other Indian River County authorized locations . 20 . CONTRACTOR shall provide a list of equipment that is proposed to be used for dewatering operations at the Indian River County Biosolids Dewatering Facility . CONTRACTOR will not be required to supply any equipment for Indian River County ' s use . 21 . CONTRACTOR shall provide an operating plan for work to be done . Page 19 of 47 22 . CONTRACTOR shall provide a list of similar operating contracts in last ( 3 ) years . 23 . CONTRACTOR shall provide qualifications of the Company . ARTICLE III— SLUDGE HAULING SERVICES 1 . CONTRACTOR shall pump and haul sludge from Indian River County owned wastewater treatment facilities to the Biosolids Dewatering Facility as approved by the FDEP . 1 . 1 . The quantity shall be at the discretion of the wastewater treatment facility Operator in charge . The CONTRACOTR shall be capable , on any day of the week needed , of hauling sludge from any two (2 ) Wastewater Treatment Facilities at a minimum of 50 , 000 gallons from each , between the hours of 7 : 00 A . M . and 3 : 30 P . M Monday through Friday and 9 : 00 A . M . and 12 P . M . , Saturday . CONTRACTOR must provide assurances that no delay in hauling , as a result of not providing the equipment, can take place during the contract . 1 . 2 . Historically the facilities have had approximately 10 million gallons of sludge hauled over a twelve - ( 12 ) month period . Any changes in schedule will require a 24 -hour notice to the operator of the wastewater treatment facility . CONTRACTOR must respond to the operator ' s request to pump and haul sludge within 48 hours between the hours of 7 : 00 A . M . and 3 : 30 P . M Monday through Friday and 9 : 00 A . M . and 12 P . M . , Saturday . 1 . 3 . All drivers must be CDL licensed and insured for this work . Proof of CDL license and insurance for all drivers must be provided by the CONTRACTOR . 1 . 4 . CONTRACTOR shall furnish certification of liability / property damage, vehicle insurance , and workman ' s compensations required by law . 1 . 5 . Indian River County may utilize an alternative means of sludge disposal in an emergency situation . 1 . 6 . Any expense in excess of the contracted rate incurred , as a result of the failure of the CONTRACTOR to meet the conditions stated herein , shall be borne by the CONTRACTOR . 2 . Estimated Haul Quantities and Locations : 2 . 1 . South Regional WWTF Quantity 2 , 000 , 000 gallons 2 . 2 . West Regional WWTF Quantity 4 , 000 , 000 gallons 2 . 3 . Central Regional WWTF Quantity 4 , 000 , 000 gallons 3 . Interpretation of the Approximate Quantities - 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 proposed form, or elsewhere , is approximate only and not guaranteed . Indian River County does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities , nor shall the Selected Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work, or other condition pertaining thereto . Indian River County will not be bound by any exact quantities on this bid . The quantities are estimated and may increase or decrease depending on the needs of Indian River County . Page 20 of 47 22 . CONTRACTOR shall provide a list of similar operating contracts in last ( 3 ) years . 23 . CONTRACTOR shall provide qualifications of the Company . ARTICLE III— SLUDGE HAULING SERVICES 1 . CONTRACTOR shall pump and haul sludge from Indian River County owned wastewater treatment facilities to the Biosolids Dewatering Facility as approved by the FDEP . 1 . 1 . The quantity shall be at the discretion of the wastewater treatment facility Operator in charge . The CONTRACOTR shall be capable , on any day of the week needed , of hauling sludge from any two (2 ) Wastewater Treatment Facilities at a minimum of 50 , 000 gallons from each , between the hours of 7 : 00 A . M . and 3 : 30 P . M Monday through Friday and 9 : 00 A . M . and 12 P . M . , Saturday . CONTRACTOR must provide assurances that no delay in hauling , as a result of not providing the equipment, can take place during the contract . 1 . 2 . Historically the facilities have had approximately 10 million gallons of sludge hauled over a twelve - ( 12 ) month period . Any changes in schedule will require a 24 -hour notice to the operator of the wastewater treatment facility . CONTRACTOR must respond to the operator ' s request to pump and haul sludge within 48 hours between the hours of 7 : 00 A . M . and 3 : 30 P . M Monday through Friday and 9 : 00 A . M . and 12 P . M . , Saturday . 1 . 3 . All drivers must be CDL licensed and insured for this work . Proof of CDL license and insurance for all drivers must be provided by the CONTRACTOR . 1 . 4 . CONTRACTOR shall furnish certification of liability / property damage, vehicle insurance , and workman ' s compensations required by law . 1 . 5 . Indian River County may utilize an alternative means of sludge disposal in an emergency situation . 1 . 6 . Any expense in excess of the contracted rate incurred , as a result of the failure of the CONTRACTOR to meet the conditions stated herein , shall be borne by the CONTRACTOR . 2 . Estimated Haul Quantities and Locations : 2 . 1 . South Regional WWTF Quantity 2 , 000 , 000 gallons 2 . 2 . West Regional WWTF Quantity 4 , 000 , 000 gallons 2 . 3 . Central Regional WWTF Quantity 4 , 000 , 000 gallons 3 . Interpretation of the Approximate Quantities - 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 proposed form, or elsewhere , is approximate only and not guaranteed . Indian River County does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities , nor shall the Selected Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work, or other condition pertaining thereto . Indian River County will not be bound by any exact quantities on this bid . The quantities are estimated and may increase or decrease depending on the needs of Indian River County . Page 20 of 47 INDIAN RIVER COUNTY PURCHASING DI VISION G 1800 27TH STREET rVERoBEAcLfFL 32960-3365 (772) 226- 1416 FAX (772) 770- 5140 OR I9� SECTION B REVISED BID FORINT SPECIFICATIONS FOR : BID FOR OPERATIONS OF THE BIOSOLIDS DEWATERING FACILITY , SLUDGE DEWATERING , AND HAULING BID NUMBER : 2010029 BID OPENING DATE : FEBRUARY 2 , 2010 AT 2 : 00 PM BID OPENING LOCATION : PURCHASING DIVISION 180027 T11 STREET . VERO BEACH FL 32960 THE UNDERSIGNS HEREBY CERTIFY THAT THEY HAVE READ AND UNDERSTAND THE CONTENTS OF THIS SOLICITATION AND AGREE TO FURNISH ALL LABOR, MATERIALS AND EQUIPMENT AT THE PRICES SHOWN BELOW SUBJECT TO ALL INSTRUCTIONS , CONDITIONS , SPECIFICATIONS , AND ATTACHMENTS HERETO . FAILURE TO HAVE READ ALL THE PROVISIONS OF THIS SOLICITATION SHALL NOT BE CAUSE TO ALTER ( ANY RESULTING CONTRACT OR REQUEST ADDITIONAL COMPENSATION . The Bid will be awarded to the lowest bidder with the combination of both truck & processing . In accordance with all terms , conditions , specifications , and requirements , the bidder offers the following : Estimated Hauling Location Unit Price Total Quantity South Regional WWTF 2 , 000 , 000 gals 25006 1h Avenue SW $ 0 . 021 $ 42 , 000 . 00 Vero Beach FL West Regional WWTF 4 , 000 , 000 gals 8405 8th Street $ 0 . 021 $ 42 , 000 . 00 Vero Beach FL Central Regional WWTF 4 , 000 , 000 gals 3550 49th Street $ 0 . 021 $ 84 , 000 . 00 Vero Beach FL ESTIMATED DEWATERING QUANTITY Price per dry tons produced 30 . 0 million gallons sludge & septage $ 179 . 00 (Approximately 2 , 515 dry tons produced) Total Cost Trucking & Processing $ .660 , 185 . 00 NUMBER OF DAILY MAN - HOURS OF OPERATOR COVERAGE 3 hours per week minimum * NUMBER OF MONTHLY MAN - HOURS OF OPERATOR COVERAGE 15 minimum *for Class B WWTP Certified Operator /f Paoe5 11 o -f 4- �7 INDIAN RIVER COUNTY PURCHASING DI VISION G 1800 27TH STREET rVERoBEAcLfFL 32960-3365 (772) 226- 1416 FAX (772) 770- 5140 OR I9� SECTION B REVISED BID FORINT SPECIFICATIONS FOR : BID FOR OPERATIONS OF THE BIOSOLIDS DEWATERING FACILITY , SLUDGE DEWATERING , AND HAULING BID NUMBER : 2010029 BID OPENING DATE : FEBRUARY 2 , 2010 AT 2 : 00 PM BID OPENING LOCATION : PURCHASING DIVISION 180027 T11 STREET . VERO BEACH FL 32960 THE UNDERSIGNS HEREBY CERTIFY THAT THEY HAVE READ AND UNDERSTAND THE CONTENTS OF THIS SOLICITATION AND AGREE TO FURNISH ALL LABOR, MATERIALS AND EQUIPMENT AT THE PRICES SHOWN BELOW SUBJECT TO ALL INSTRUCTIONS , CONDITIONS , SPECIFICATIONS , AND ATTACHMENTS HERETO . FAILURE TO HAVE READ ALL THE PROVISIONS OF THIS SOLICITATION SHALL NOT BE CAUSE TO ALTER ( ANY RESULTING CONTRACT OR REQUEST ADDITIONAL COMPENSATION . The Bid will be awarded to the lowest bidder with the combination of both truck & processing . In accordance with all terms , conditions , specifications , and requirements , the bidder offers the following : Estimated Hauling Location Unit Price Total Quantity South Regional WWTF 2 , 000 , 000 gals 25006 1h Avenue SW $ 0 . 021 $ 42 , 000 . 00 Vero Beach FL West Regional WWTF 4 , 000 , 000 gals 8405 8th Street $ 0 . 021 $ 42 , 000 . 00 Vero Beach FL Central Regional WWTF 4 , 000 , 000 gals 3550 49th Street $ 0 . 021 $ 84 , 000 . 00 Vero Beach FL ESTIMATED DEWATERING QUANTITY Price per dry tons produced 30 . 0 million gallons sludge & septage $ 179 . 00 (Approximately 2 , 515 dry tons produced) Total Cost Trucking & Processing $ .660 , 185 . 00 NUMBER OF DAILY MAN - HOURS OF OPERATOR COVERAGE 3 hours per week minimum * NUMBER OF MONTHLY MAN - HOURS OF OPERATOR COVERAGE 15 minimum *for Class B WWTP Certified Operator /f Paoe5 11 o -f 4- �7 COMPANY NAME : Synagro South , LLC COMPANY ADDRESS : 1002 Village Square Suite C CITY , STATE Tomball , TX ZIP CODE 77375 TELEPHONE : ( 281 ) 516 - 0305 FAX : ( 281 ) 516- 1427 BUSINESS TAX RECEIPT NUMBER : n /a FEIN NUMBER : 76 - 0612568 AUTHORIZED SIGNATURE : DATE : January 29 , 2010 NAME : Karl J . Scott TITLE : Vice President & Assistant Secretary (TYPE / PRINTED PLEASE SUBMIT ONE ( 1 ) ORIGINAL AND ONE ( 1 ) COPY OF YOUR BID * �A � es 2 2 o -F 4' 7 COMPANY NAME : Synagro South , LLC COMPANY ADDRESS : 1002 Village Square Suite C CITY , STATE Tomball , TX ZIP CODE 77375 TELEPHONE : ( 281 ) 516 - 0305 FAX : ( 281 ) 516- 1427 BUSINESS TAX RECEIPT NUMBER : n /a FEIN NUMBER : 76 - 0612568 AUTHORIZED SIGNATURE : DATE : January 29 , 2010 NAME : Karl J . Scott TITLE : Vice President & Assistant Secretary (TYPE / PRINTED PLEASE SUBMIT ONE ( 1 ) ORIGINAL AND ONE ( 1 ) COPY OF YOUR BID * �A � es 2 2 o -F 4' 7 Local Business Certification Form ( 1 ) " Local business " shall mean a business that meets all of the following criteria : ( a ) Has had a staffed and fixed office or distribution point , with a verifiable street address , located within Brevard ; Indian River ; Martin ; Okeechobee ; Osceola ; or St . Lucie County for at least one ( 1 ) full calendar year immediately prior to the issuance of the request for competitive bids or request for proposals by the County . Post office boxes shall not be used or considered for the purpose of establishing a physical address ; and ( b ) Has had , for at least 12 months prior to the date of the advertisement for the particular good or service being solicited , a current " Local Business Tax Receipt" issued by Brevard ; Indian River ; Martin ; Okeechobee ; Osceola ; or St . Lucie County , if applicable ; and ( c ) Holds any license or competency card required by Indian River County ; if applicable ; and ( d ) If the contract is awarded , will be the person or entity in direct privity of contract with Indian River County and not as subcontractor , or any lower-tier subcontractor , materialman , or supplier. 1 . Company Name : Synagro South LLC 2 . Address : 2200 N Kings Highway Ft Pierce FL 34951 3 . If applicable , Contractor License or Competency Card # : none to our knowledge 4 . PLEASE ATTACH COPY OF CONTRACTOR LICENSE OR COMPETENCY CARD 5 . If applicable , Business Tax Receipt # : n / a 6 . PLEASE ATTACH COPY OF BUSINESS TAX RECEIPT 7 . Phone Number : ( 772 ) 461 -0233 8 . Fax Number: ( 772 ) 461 - 0234 9 . 1 hereby certify that , If the contract is awarded , the entity set forth in item 1 above will be the person or entity in direct privity of contract with Indian River County and not as subcontractor , or any lower-tier subcontractor , materialman , or supplier . Signature : Name and Title : Karl J . Scott , Vice President _ & Assistant Secretary VENDOR PLEASE DO NOT COMPLETE BELOW To be completed by an authorized representative from Indian River County Purchasing Division : Meets definition of Local Business — YES _ NO If NO , provide reason : Date : (Authorized Signature) To receive Local Bid preference , this certification and copies of all required documents must be submitted with your Bid package . Page 23 of 47 Local Business Certification Form ( 1 ) " Local business " shall mean a business that meets all of the following criteria : ( a ) Has had a staffed and fixed office or distribution point , with a verifiable street address , located within Brevard ; Indian River ; Martin ; Okeechobee ; Osceola ; or St . Lucie County for at least one ( 1 ) full calendar year immediately prior to the issuance of the request for competitive bids or request for proposals by the County . Post office boxes shall not be used or considered for the purpose of establishing a physical address ; and ( b ) Has had , for at least 12 months prior to the date of the advertisement for the particular good or service being solicited , a current " Local Business Tax Receipt" issued by Brevard ; Indian River ; Martin ; Okeechobee ; Osceola ; or St . Lucie County , if applicable ; and ( c ) Holds any license or competency card required by Indian River County ; if applicable ; and ( d ) If the contract is awarded , will be the person or entity in direct privity of contract with Indian River County and not as subcontractor , or any lower-tier subcontractor , materialman , or supplier. 1 . Company Name : Synagro South LLC 2 . Address : 2200 N Kings Highway Ft Pierce FL 34951 3 . If applicable , Contractor License or Competency Card # : none to our knowledge 4 . PLEASE ATTACH COPY OF CONTRACTOR LICENSE OR COMPETENCY CARD 5 . If applicable , Business Tax Receipt # : n / a 6 . PLEASE ATTACH COPY OF BUSINESS TAX RECEIPT 7 . Phone Number : ( 772 ) 461 -0233 8 . Fax Number: ( 772 ) 461 - 0234 9 . 1 hereby certify that , If the contract is awarded , the entity set forth in item 1 above will be the person or entity in direct privity of contract with Indian River County and not as subcontractor , or any lower-tier subcontractor , materialman , or supplier . Signature : Name and Title : Karl J . Scott , Vice President _ & Assistant Secretary VENDOR PLEASE DO NOT COMPLETE BELOW To be completed by an authorized representative from Indian River County Purchasing Division : Meets definition of Local Business — YES _ NO If NO , provide reason : Date : (Authorized Signature) To receive Local Bid preference , this certification and copies of all required documents must be submitted with your Bid package . Page 23 of 47 QUALIFICATION QUESTIONNAIRE INFORMATION REQUIRED OF ALL BIDDERS NOTICE : THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON-RESPONSIVE 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 are required . 1 . Bidder ' s Name /Address : Synagro South , LLC 1002 Village Square , Suite C , Tomball , TX 77375 2 , Bidder ' s Telephone : ( 281 ) 516 -0305& FAX Numbers (281 ) 516- 1427 3 . Licensing and Corporate Status : a . Is Contractor License Current? N /A b . Contractor ' s License No : N /A (Attach copy to bid) c . Attach documentation from 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 work of the type involved in this contract : 31 5 . What is firm ' s bonding capacity? $ 100 , 000 , 000 6 . Attach a list of at least three ( 3 ) separate and verifiable clients . At least one of the client references shall be for a service as requested in this bid . See Section 5 . 0 of our bid submittal . 7 . Attach a detailed description of the Contractor ' s organizational structure , " chain of command" of Contractor ' s response team and project management methods . Provide the name and address of Subcontractors and detail the intended scope of their work . See Section 3 . 0 of our bid submittal . (PLEASE INCLUDE THIS FORA WITH YOUR SID Page 24 of 47 QUALIFICATION QUESTIONNAIRE INFORMATION REQUIRED OF ALL BIDDERS NOTICE : THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON-RESPONSIVE 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 are required . 1 . Bidder ' s Name /Address : Synagro South , LLC 1002 Village Square , Suite C , Tomball , TX 77375 2 , Bidder ' s Telephone : ( 281 ) 516 -0305& FAX Numbers (281 ) 516- 1427 3 . Licensing and Corporate Status : a . Is Contractor License Current? N /A b . Contractor ' s License No : N /A (Attach copy to bid) c . Attach documentation from 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 work of the type involved in this contract : 31 5 . What is firm ' s bonding capacity? $ 100 , 000 , 000 6 . Attach a list of at least three ( 3 ) separate and verifiable clients . At least one of the client references shall be for a service as requested in this bid . See Section 5 . 0 of our bid submittal . 7 . Attach a detailed description of the Contractor ' s organizational structure , " chain of command" of Contractor ' s response team and project management methods . Provide the name and address of Subcontractors and detail the intended scope of their work . See Section 3 . 0 of our bid submittal . (PLEASE INCLUDE THIS FORA WITH YOUR SID Page 24 of 47 AFFIDAVIT OF COMPLIANCE IRC Bid # 2010029 for Bid for Operations of the Biosolids Dewatering Facility , Sludge Dewatering and Hauling x❑ We DO NOT take exception to the Bid / Specifications . We TAKE exception to the Bid / Specifications as follows : ( Company Name : Synagro South , LLC �• / Company Address : 1002 Village Square Suite C Tomball , TX 77375 Telephone Number : ( 281 ) 516 - 0305 Fax : ( 281 ) 516 - 1427 E- mail : Ikemp@sVnagro . com Authorized Signature : c, - Date : January 29 , 2010 Name : Karl J . Scott Title : Vice President & Treasurer (Typed / Printed) Page 25 of 47 AFFIDAVIT OF COMPLIANCE IRC Bid # 2010029 for Bid for Operations of the Biosolids Dewatering Facility , Sludge Dewatering and Hauling x❑ We DO NOT take exception to the Bid / Specifications . We TAKE exception to the Bid / Specifications as follows : ( Company Name : Synagro South , LLC �• / Company Address : 1002 Village Square Suite C Tomball , TX 77375 Telephone Number : ( 281 ) 516 - 0305 Fax : ( 281 ) 516 - 1427 E- mail : Ikemp@sVnagro . com Authorized Signature : c, - Date : January 29 , 2010 Name : Karl J . Scott Title : Vice President & Treasurer (Typed / Printed) Page 25 of 47 PUBLIC ENTITY CRIMES Pursuant to Florida Statutes Section 287 . 133 (2 ) (a) , all Bidders are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid , proposal , or reply on a contract to provide any goods or services to a public entity (defined as the State of Florida, any of its departments or agencies , or any political subdivision) ; may not submit a bid , proposal , or reply on a contract with a public entity for the construction or repair of a public building or public work ; may not submit bids , proposals , or replies on leases of real property to a public entity ; may not be awarded or perform work as a contractor , supplier , subcontractor, or consultant under a contract with any public entity ; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287 . 017 for CATEGORY TWO [currently $ 25 , 000 ] for a period of 36 months from the date of being placed on the convicted vendor list . A " public entity crime " means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States , including , but not limited to , any bid, proposal , reply , or contract for goods or services , any lease for real property , or any contract for the construction or repair of a public building or public work, involving antitrust, fraud , theft , bribery , collusion, racketeering, conspiracy , or material misrepresentation . Page 26 of 47 PUBLIC ENTITY CRIMES Pursuant to Florida Statutes Section 287 . 133 (2 ) (a) , all Bidders are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid , proposal , or reply on a contract to provide any goods or services to a public entity (defined as the State of Florida, any of its departments or agencies , or any political subdivision) ; may not submit a bid , proposal , or reply on a contract with a public entity for the construction or repair of a public building or public work ; may not submit bids , proposals , or replies on leases of real property to a public entity ; may not be awarded or perform work as a contractor , supplier , subcontractor, or consultant under a contract with any public entity ; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287 . 017 for CATEGORY TWO [currently $ 25 , 000 ] for a period of 36 months from the date of being placed on the convicted vendor list . A " public entity crime " means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States , including , but not limited to , any bid, proposal , reply , or contract for goods or services , any lease for real property , or any contract for the construction or repair of a public building or public work, involving antitrust, fraud , theft , bribery , collusion, racketeering, conspiracy , or material misrepresentation . Page 26 of 47 �✓ SWORN STATEMENT UNDER SECTION 105 . 089 INDIAN RIVER COUNTY CODE , ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . 1 . This sworn statement MUST be submitted with Bid , Proposal or Contract No . 2010029 for Bid for Operations of the Biosolids Dewatering Facility Sludge Dewatering and Hauling 2 . This sworn statement is submitted by : Synagro South , LLC (Name of entity submitting Statement) whose business address is : 1002 Village Square , Suite C , Tomball , TX 77375 and its Federal Employer Identification Number (FEIN) is 76 -0612568 3 . My name is Karl J . Scott (Please print name of individual signing) and my relationship to the entity named above is Vice President & Assistant Secretary 4 . 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 . 5 . 1 understand that the relationship with a County Commissioner or County employee that must be disclosed 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 . Page 27 of 47 �✓ SWORN STATEMENT UNDER SECTION 105 . 089 INDIAN RIVER COUNTY CODE , ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . 1 . This sworn statement MUST be submitted with Bid , Proposal or Contract No . 2010029 for Bid for Operations of the Biosolids Dewatering Facility Sludge Dewatering and Hauling 2 . This sworn statement is submitted by : Synagro South , LLC (Name of entity submitting Statement) whose business address is : 1002 Village Square , Suite C , Tomball , TX 77375 and its Federal Employer Identification Number (FEIN) is 76 -0612568 3 . My name is Karl J . Scott (Please print name of individual signing) and my relationship to the entity named above is Vice President & Assistant Secretary 4 . 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 . 5 . 1 understand that the relationship with a County Commissioner or County employee that must be disclosed 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 . Page 27 of 47 6 . 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 . ] X Neither the entity submitting this sworn statement , nor any officers , directors , executives , partners , shareholders , employees , members , or agents who are active in management of the entity , have any relationships as defined in section 105 . 08 , Indian River County Code, with any County Commissioner or County employee . The entity submitting this sworn statement, or one or more of the officers , directors , executives , partners , shareholders , employees , members , or agents , who are active in management of the entity have the following relationships with a County Commissioner or County employee : Name of Affiliate Name of County Commissioner Relationship or entity or employee Signature) January 29 , 2010 (Date) STATE OF TEXAS COUNTY OF HARRIS The foregoing instrument was acknowledged before me this 29th day of January 2010 by Karl J . Scott who is personally known to me or who has produced as identification . NOTARY PUBLIC � 1 1 SIGN : PRM : U\j , Notary Public , State at rge My Commission Expires : �,;.. KATHLEEN M . WRIGHT • .- �/ h!Y COMMISSION EXPIRES Page 28 of 47 : . ,:-+:+`` JANUARY 22, 2013 6 . 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 . ] X Neither the entity submitting this sworn statement , nor any officers , directors , executives , partners , shareholders , employees , members , or agents who are active in management of the entity , have any relationships as defined in section 105 . 08 , Indian River County Code, with any County Commissioner or County employee . The entity submitting this sworn statement, or one or more of the officers , directors , executives , partners , shareholders , employees , members , or agents , who are active in management of the entity have the following relationships with a County Commissioner or County employee : Name of Affiliate Name of County Commissioner Relationship or entity or employee Signature) January 29 , 2010 (Date) STATE OF TEXAS COUNTY OF HARRIS The foregoing instrument was acknowledged before me this 29th day of January 2010 by Karl J . Scott who is personally known to me or who has produced as identification . NOTARY PUBLIC � 1 1 SIGN : PRM : U\j , Notary Public , State at rge My Commission Expires : �,;.. KATHLEEN M . WRIGHT • .- �/ h!Y COMMISSION EXPIRES Page 28 of 47 : . ,:-+:+`` JANUARY 22, 2013 VE �O z D o 0 0 THIS CHECKLIST IS PROVIDED TO ASSIST EACH BIDDER IN PREPARATION OF THEIR BID RESPONSE . TI-IIS CHECKLIST IS ONLY A GUIDELINE IT IS THE RESPONSIBILITY OF EACH BIDDER TO READ AND COMPLY WITH THE INVITATION TO BID IN ITS ENTIRETY. ✓ Is the Invitation to Bid Form completed and signed ? ✓ All price extensions and totals have been reviewed for accuracy ? ✓ Is the Affidavit of Compliance completed, signed , and attached ? ✓ Is the Warranty Information Form completed and attached (if applicable) ? ✓ Is the Disclosure of Relationship Sworn Statement completed, signed, notarized, and attached? ✓ Is each Bid Addendum (if issued) signed and included with the Invitation to Bid Form ? ✓ Is the Trench Safety Form completed and attached (if applicable ) ? ✓ Is the Bid # , Bid Title , and Bid Opening Date & Time marked clearly on the outside of the envelope ? ✓ Is your company' s name and address clearly printed on the outside of the envelope ? ✓ Is the Bid Form and other required documents submitted in duplicate? ✓ Is the original marked " ORIGINAL " and is the copy marked " COPY " ? ✓ Is all of the above in the envelope and is the envelope sealed ? If you have any questions about submission of the Invitation to Bid Form , please contact the Indian River County Purchasing Division at (772) 226 - 141. 6 or by Fax at (772) 770 - 5140 or via E-mail at purchasinga ,iregov . com Thank you for your interest ! Page 29 of 47 VE �O z D o 0 0 THIS CHECKLIST IS PROVIDED TO ASSIST EACH BIDDER IN PREPARATION OF THEIR BID RESPONSE . TI-IIS CHECKLIST IS ONLY A GUIDELINE IT IS THE RESPONSIBILITY OF EACH BIDDER TO READ AND COMPLY WITH THE INVITATION TO BID IN ITS ENTIRETY. ✓ Is the Invitation to Bid Form completed and signed ? ✓ All price extensions and totals have been reviewed for accuracy ? ✓ Is the Affidavit of Compliance completed, signed , and attached ? ✓ Is the Warranty Information Form completed and attached (if applicable) ? ✓ Is the Disclosure of Relationship Sworn Statement completed, signed, notarized, and attached? ✓ Is each Bid Addendum (if issued) signed and included with the Invitation to Bid Form ? ✓ Is the Trench Safety Form completed and attached (if applicable ) ? ✓ Is the Bid # , Bid Title , and Bid Opening Date & Time marked clearly on the outside of the envelope ? ✓ Is your company' s name and address clearly printed on the outside of the envelope ? ✓ Is the Bid Form and other required documents submitted in duplicate? ✓ Is the original marked " ORIGINAL " and is the copy marked " COPY " ? ✓ Is all of the above in the envelope and is the envelope sealed ? If you have any questions about submission of the Invitation to Bid Form , please contact the Indian River County Purchasing Division at (772) 226 - 141. 6 or by Fax at (772) 770 - 5140 or via E-mail at purchasinga ,iregov . com Thank you for your interest ! Page 29 of 47 UNANIMOUS WRITTEN CONSENT OF THE MANAGER OF SXNAGROSOUTH, LLC The undersigned, being the Manager of Synagro South, LLC , a Delaware limited liability company (the "Company"), for the purpose of taking action without a meeting and waiving all notice requirements with respect thereto , hereby consents to , adopts and approves the following resolutions : Appointment of Officer RESOLVED , that the following individual be and hereby is approved , adopted and ratified as an officer of the Company to serve as an officer of the Company until his successor shall have been duly appointed and qualified : Joseph L. Page Vice President/Secretary Enabling Resolutions RESOLVED , that the officer of the Company be, and hereby is , authorized to take, or cause to be taken, any and all actions which he may deem necessary or desirable in connection with effectuating the above resolutions ; FURTHER RESOLVED , that the actions of the officer of the Company previously taken in connection the above resolutions be, and they hereby are, in all respects authorized, ratified and confirmed as the acts and deeds of the Company; and FURTHER RESOLVED, that the officer of the Company be, and hereby is , authorized to take, or cause to be taken any and all actions which he may deem necessary or desirable in connection with binding the Company. K:\Board of Directors & CommitteeASubsidiary Actions\2009\Page Appointed Officer\Synagro South LLC - Officer - 020209 .doc UNANIMOUS WRITTEN CONSENT OF THE MANAGER OF SXNAGROSOUTH, LLC The undersigned, being the Manager of Synagro South, LLC , a Delaware limited liability company (the "Company"), for the purpose of taking action without a meeting and waiving all notice requirements with respect thereto , hereby consents to , adopts and approves the following resolutions : Appointment of Officer RESOLVED , that the following individual be and hereby is approved , adopted and ratified as an officer of the Company to serve as an officer of the Company until his successor shall have been duly appointed and qualified : Joseph L. Page Vice President/Secretary Enabling Resolutions RESOLVED , that the officer of the Company be, and hereby is , authorized to take, or cause to be taken, any and all actions which he may deem necessary or desirable in connection with effectuating the above resolutions ; FURTHER RESOLVED , that the actions of the officer of the Company previously taken in connection the above resolutions be, and they hereby are, in all respects authorized, ratified and confirmed as the acts and deeds of the Company; and FURTHER RESOLVED, that the officer of the Company be, and hereby is , authorized to take, or cause to be taken any and all actions which he may deem necessary or desirable in connection with binding the Company. K:\Board of Directors & CommitteeASubsidiary Actions\2009\Page Appointed Officer\Synagro South LLC - Officer - 020209 .doc IN WITNESS WHEREOF, the undersigned Manager has executed this Unanimous Written Consent effective as of February 2 , 2009 . MANAGER * SYNAGRO T, INC . Robert C . Boucher, rr. , resident K:\Board of Directors & Committees\Subsidiary Aetions\2009\Page Appointed Officer\Synagro South LLC - Officer - 020209 .doc IN WITNESS WHEREOF, the undersigned Manager has executed this Unanimous Written Consent effective as of February 2 , 2009 . MANAGER * SYNAGRO T, INC . Robert C . Boucher, rr. , resident K:\Board of Directors & Committees\Subsidiary Aetions\2009\Page Appointed Officer\Synagro South LLC - Officer - 020209 .doc AGREEMENT THIS AGREEMENT made and entered into this lLA+lwtday of _C-.C 'oy , _, 20105 b and between SVnagro South LLC , hereinafter ailed the Y CONTRACTOR and INDIAN RIVER COUNTY herein called the OWNER . WITNESSED : That whereas, the OWNER and the CONTRACTOR for the consideration hereinafter named, agree as set forth below : Article 1 . SCOPE OF WORK As per specifications as advertised and included in Indian River County Bid # 2010029 for : Bid for Operations of the Biosolids Dewatering Facility, Sludge Dewatering and Hauling . Article 2 . NOTICE TO PROCEED The CONTRACTOR shall not commence work until it receives a written Notice to Proceed from the OWNER. The CONTRACTOR shall commence work within the time frames established for the type of service or project requested after receiving the Notice to Proceed unless the Notice to Proceed indicates otherwise. The contract start dated is subject to construction completion of the new Indian River County Biosolids Dewatering Facility. Article 3 . GENERAL The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made ; and shall complete the same the time limit specified herein in accordance with the plans and specifications . The OWNER and CONTRACTOR agree to maintain records, invoices , and payments for the work. The CONTRACTOR shall provide Payment and Performance Bonds for all work in this greement. All work under this Contract shall be done to the satisfaction of the OWNER, who shall in all cases determine the amount, quality, fitness , and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the CONTRACTOR, and his decision thereon shall be final and conclusive ; and such determination and decision, in case any question shall arise , shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder. Any clause or section of this contract or specification which may for any reason be declared invalid by a court of competent jurisdiction, including appeal, if any, may be eliminated therefrom ; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein . Article 4 . QUANTITIES AND PRICES The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract, based on the items of work set forth in the CONTRACTOR ' S Bid Form . The CONTRACTOR' s price at the time of delivery of goods and services will be the price set forth on the Bid Form . The CONTRACTOR, by January 1 of each year, shall notify Indian River County t in writing of any proposed price schedule changes with justification for each change . Indian River �./ FAPurcha6ng\Bids\2009-2010 FY (2010000)\2010029 Operaiions orthe Indian River County Biosolids Dewatering, Sludgc Dewatering, and Haul ing\Agenda w-Contract.doc �a yes 3 0 0 � 4� 7 AGREEMENT THIS AGREEMENT made and entered into this lLA+lwtday of _C-.C 'oy , _, 20105 b and between SVnagro South LLC , hereinafter ailed the Y CONTRACTOR and INDIAN RIVER COUNTY herein called the OWNER . WITNESSED : That whereas, the OWNER and the CONTRACTOR for the consideration hereinafter named, agree as set forth below : Article 1 . SCOPE OF WORK As per specifications as advertised and included in Indian River County Bid # 2010029 for : Bid for Operations of the Biosolids Dewatering Facility, Sludge Dewatering and Hauling . Article 2 . NOTICE TO PROCEED The CONTRACTOR shall not commence work until it receives a written Notice to Proceed from the OWNER. The CONTRACTOR shall commence work within the time frames established for the type of service or project requested after receiving the Notice to Proceed unless the Notice to Proceed indicates otherwise. The contract start dated is subject to construction completion of the new Indian River County Biosolids Dewatering Facility. Article 3 . GENERAL The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made ; and shall complete the same the time limit specified herein in accordance with the plans and specifications . The OWNER and CONTRACTOR agree to maintain records, invoices , and payments for the work. The CONTRACTOR shall provide Payment and Performance Bonds for all work in this greement. All work under this Contract shall be done to the satisfaction of the OWNER, who shall in all cases determine the amount, quality, fitness , and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the CONTRACTOR, and his decision thereon shall be final and conclusive ; and such determination and decision, in case any question shall arise , shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder. Any clause or section of this contract or specification which may for any reason be declared invalid by a court of competent jurisdiction, including appeal, if any, may be eliminated therefrom ; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein . Article 4 . QUANTITIES AND PRICES The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract, based on the items of work set forth in the CONTRACTOR ' S Bid Form . The CONTRACTOR' s price at the time of delivery of goods and services will be the price set forth on the Bid Form . The CONTRACTOR, by January 1 of each year, shall notify Indian River County t in writing of any proposed price schedule changes with justification for each change . Indian River �./ FAPurcha6ng\Bids\2009-2010 FY (2010000)\2010029 Operaiions orthe Indian River County Biosolids Dewatering, Sludgc Dewatering, and Haul ing\Agenda w-Contract.doc �a yes 3 0 0 � 4� 7 County will either accept the proposed changes or decline to accept the price changes within thirty (30) days and ask for negotiation. Article 5 . PAYMENT PROCEDURES Payments : OWNER shall make payments on account at the Contract Price on the basis of CONTRACTOR' s Invoices for Payment at intervals not less than once each month during performance of the Work . In accordance with the Florida Prompt Payment Act, after final acceptance by the OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount . PAYMENT and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the CONTRACTOR in connection with this Contract. Article 6 . THE CONTRACT DOCUMENTS The General Terms and Conditions, Invitation to Bid Form, Qualification Questionnaire, Special Provisions , Insurance Requirements (Exhibit A) , Payment Bond, Performance Bond, together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein. Article 7 . VENUE This agreement 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 agreement shall be in Indian River County, Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. Article 8 . CONTRACT PERIOD This Contract shall be binding on the parties for a period of twelve ( 12) consecutive months from the date of this Contract by both parties unless terminated earlier in accordance with its terms . The contract start date is subject to construction completion of the new Indian River County Biosolids Dewatering Facility. Indian River County may extend the term of this Contract for up to four (4) additional terms of twelve ( 12) months each on the same terms and conditions . 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 E (the date the Contract is approved by the Indian River County Board of County Commi ioners, which is the Effective Date of the Agreement) . OWNER : CONTRACTOR : INDIAN RIVER COUNTY Synagro . South , LLC S t • By: I By: Pe r D . O ' Bryan, Chairman c� ontractor) qdfte h Page , Vice President B Y: ; �. . CORPORATE SEAL) Jo eph A. Baird, County Administrato woo* ° ° ° a ° ° a a FAPurchasin9%Bids\2009.2010 FY (2010000) 2010029 Operations of the Indian River Cou ° solids Judge Nwftainip and HaulingWgenda w-Contraet.doc Ce °° e e 7,y e e o A gOVUeOe \p0 ° /Oo County will either accept the proposed changes or decline to accept the price changes within thirty (30) days and ask for negotiation. Article 5 . PAYMENT PROCEDURES Payments : OWNER shall make payments on account at the Contract Price on the basis of CONTRACTOR' s Invoices for Payment at intervals not less than once each month during performance of the Work . In accordance with the Florida Prompt Payment Act, after final acceptance by the OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount . PAYMENT and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the CONTRACTOR in connection with this Contract. Article 6 . THE CONTRACT DOCUMENTS The General Terms and Conditions, Invitation to Bid Form, Qualification Questionnaire, Special Provisions , Insurance Requirements (Exhibit A) , Payment Bond, Performance Bond, together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein. Article 7 . VENUE This agreement 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 agreement shall be in Indian River County, Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. Article 8 . CONTRACT PERIOD This Contract shall be binding on the parties for a period of twelve ( 12) consecutive months from the date of this Contract by both parties unless terminated earlier in accordance with its terms . The contract start date is subject to construction completion of the new Indian River County Biosolids Dewatering Facility. Indian River County may extend the term of this Contract for up to four (4) additional terms of twelve ( 12) months each on the same terms and conditions . 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 E (the date the Contract is approved by the Indian River County Board of County Commi ioners, which is the Effective Date of the Agreement) . OWNER : CONTRACTOR : INDIAN RIVER COUNTY Synagro . South , LLC S t • By: I By: Pe r D . O ' Bryan, Chairman c� ontractor) qdfte h Page , Vice President B Y: ; �. . CORPORATE SEAL) Jo eph A. Baird, County Administrato woo* ° ° ° a ° ° a a FAPurchasin9%Bids\2009.2010 FY (2010000) 2010029 Operations of the Indian River Cou ° solids Judge Nwftainip and HaulingWgenda w-Contraet.doc Ce °° e e 7,y e e o A gOVUeOe \p0 ° /Oo Attest Ce t) Q APPROVED AS TO FORM AND LEGAL SUFFICIENCY : By: County Attorney Address for giving notices : 1200 South Pine Island Road Plantation , Fi 31394 Jeffrey K. Barton, Clerk of Court �.- - License No . N /A Attest : (Where applicable) Deputy Clerk (SEA,) Agent for service of process : C T Corporation System (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign. ) FANrchasinglBidsl2009-2010 FY (2010000)\2010029 Operations of the Indian River County Biosolids Dewatering, Sludge Dewatering, and Haulin"genda w-Comramdoc Pa y e5 3 4 o -P 47 Attest Ce t) Q APPROVED AS TO FORM AND LEGAL SUFFICIENCY : By: County Attorney Address for giving notices : 1200 South Pine Island Road Plantation , Fi 31394 Jeffrey K. Barton, Clerk of Court �.- - License No . N /A Attest : (Where applicable) Deputy Clerk (SEA,) Agent for service of process : C T Corporation System (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign. ) FANrchasinglBidsl2009-2010 FY (2010000)\2010029 Operations of the Indian River County Biosolids Dewatering, Sludge Dewatering, and Haulin"genda w-Comramdoc Pa y e5 3 4 o -P 47 EXHIBIT A f INSURANCE REQUIREMENTS 1 . 0 INSURANCE : 1 . 1 CONTRACTORS and SUBCONTRACTORS Insurance : The CONTRACTOR shall not commence work until he has obtained all the insurance required under this section , and until such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any SUBCONTRACTOR to commence work until the SUBCONTRACTOR has obtained the insurance required for a CONTRACTOR herein and such insurance has been approved unless the SUBCONTRACTOR' s work is covered by the protections afforded by the CONTRACTOR' s insurance . 1 . 2 Workers ' Compensation Insurance : The CONTRACTOR shall procure and maintain workers ' compensation insurance to the extent required by law for all his employees to be engaged in work under this contract . In case any employees are to be engaged in hazardous work under this contract and are not protected under the workers ' compensation statute, the CONTRACTOR shall provide adequate coverage for the protection of such employees . 1 . 3 Public liability Insurance : The CONTRACTOR shall procure and shall maintain broad form commercial general liability insurance ( including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below . The OWNER shall be an additional named insured on this insurance with respect to all claims arising out of the operations or work to be performed . Corn nercial General $ 1 , 000 , 000 combined liability single limit for (other than automobile) bodily injury and property damage A) Premises/Operations B ) Independent Contractors C) Products/Completed Operations D) Personal Injury E) Contractual liability F ) Explosion , collapses and underground property damage Commercial Automobile $ 1 , 000 , 000 Combined and Damage liability single limit for Bodily Injury and Property Damage A) Owned/ leased Automobiles B ) Non -Owned Automobiles C) Hired Automobiles 1 . 4 Proof of Insurance : The CONTRACTOR shall furnish the OWNER a certificate of insurance in a form acceptable to the OWNER for the insurance required . Such certificate or an endorsement provided by the CONTRACTOR must state that the OWNER will be given thirty ( 30) days written notice prior to cancellation or material change in coverage . Copies of an endorsement-naming OWNER as Additional Name Insured must accompany the Certificate of Insurance . END OF EXHIBIT A Page 33 of 47 EXHIBIT A f INSURANCE REQUIREMENTS 1 . 0 INSURANCE : 1 . 1 CONTRACTORS and SUBCONTRACTORS Insurance : The CONTRACTOR shall not commence work until he has obtained all the insurance required under this section , and until such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any SUBCONTRACTOR to commence work until the SUBCONTRACTOR has obtained the insurance required for a CONTRACTOR herein and such insurance has been approved unless the SUBCONTRACTOR' s work is covered by the protections afforded by the CONTRACTOR' s insurance . 1 . 2 Workers ' Compensation Insurance : The CONTRACTOR shall procure and maintain workers ' compensation insurance to the extent required by law for all his employees to be engaged in work under this contract . In case any employees are to be engaged in hazardous work under this contract and are not protected under the workers ' compensation statute, the CONTRACTOR shall provide adequate coverage for the protection of such employees . 1 . 3 Public liability Insurance : The CONTRACTOR shall procure and shall maintain broad form commercial general liability insurance ( including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below . The OWNER shall be an additional named insured on this insurance with respect to all claims arising out of the operations or work to be performed . Corn nercial General $ 1 , 000 , 000 combined liability single limit for (other than automobile) bodily injury and property damage A) Premises/Operations B ) Independent Contractors C) Products/Completed Operations D) Personal Injury E) Contractual liability F ) Explosion , collapses and underground property damage Commercial Automobile $ 1 , 000 , 000 Combined and Damage liability single limit for Bodily Injury and Property Damage A) Owned/ leased Automobiles B ) Non -Owned Automobiles C) Hired Automobiles 1 . 4 Proof of Insurance : The CONTRACTOR shall furnish the OWNER a certificate of insurance in a form acceptable to the OWNER for the insurance required . Such certificate or an endorsement provided by the CONTRACTOR must state that the OWNER will be given thirty ( 30) days written notice prior to cancellation or material change in coverage . Copies of an endorsement-naming OWNER as Additional Name Insured must accompany the Certificate of Insurance . END OF EXHIBIT A Page 33 of 47 DATE ( MMIDDIYYYY) A4C R ®® CERTIFICATE OF LIABILITY iNSURANC 2010 2/25/2010 PRODUCER LOCKTON COMPANIES, LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 5847 SAN FELIPE, SUITE 320 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOUSTON TX 77057 HOLDER, THIS CERTIFICATE DOES NOT AMEND , EXTEND OR 866-260-3538 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE NAIC # INSURED SYNAGRO SOUTH, LLC INSURER A: American International Specialty Lines Insurance CO. 26883 1305901 1002 VILLAGE SQUARE INSURER B: Libcrty Mutual Firc Insurance Company 23035 SUITE C INSURER C : Liberty Insurance Corporation 42404 TOMBALL TX 77375 INSURER D: Illinois National Insurance Company 23817 INSURER E_ COVERAGES SYNS001 AR THIS CERTIFICATE OF INSURANCE GOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR DD' POLICY EFFECTNE POLICY EXPIRATION LTR !NSRC TYPE OF INSURANCE POLICY NUMBER DATE MM/DD DATE MMIOD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1 ,000,000 A X CODAMAGE TO RENTED' MMERCIAL GENERAL LIABILITY EG 18305986 5/ 1 /2009 11 / 1 /2010 PREMISES Ea occurrence $ 1 ,000,000 CLAIMS MADEXa OCCUR MED EXP (Any one person) S 10,000 X XCU NOT EXCLUDED PERSONAL 8 ADV INJURY S 110001000 GENERAL AGGREGATE S 2 ,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 21000,000 POLICY X PRO JECj LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 2 ,000,000 B X ANY AUTO AS2 -691 -437721 -019 5/ 1 /2009 5/ 1 /2010 (Ea accident) ALL OWNED AUTOS BODILY INJURY S XXXXXXX SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY S XXXXXXX X NON-OWNED AUTOS (Per accident) X $ 1 ,000 DED: PROPERTY DAMAGE X COMP & COLL (Per accident) S XXXXXXX GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX ANY AUTO NOT APPLICABLE OTHER THAN EA ACC S X}(XX.XX}( AUTO ONLY: AGG S XXXXXXX EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE S 5 000 000 D X OCCUR CLAIMS MADE BE 268 21 25 5/ 1 /2009 11 / 1 /2010 AGGREGATE $ 000 000 UMBRELLA $ XXXXXXX DEDUCTIBLE X FORM S XXXXXXX X RETENTION S 10 ,000 S XXXXXXX WORKERS COMPENSATION X TORY TATUS OER C AND EMPLOYERS' LIABILITY YIN WA7-69D-437721 -029(AOS) 5/ 1 /2009 5/ 1 /2010 C ANY PROPRIETOR/PARTNERIEXECUTIVE WC7-691437721 -039(Wl ) 5/ 1 ,02009 5/ 1 /2010 E.L. EACH ACCIDENT S 1 ,000,000 OFFICER/MEMBER EXCLUDED? ❑N (Mandatory in NH) E.L. DISEASE - EA EMPLOYEEI S 1 ,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT I S 1 ,000,000 A OTHER COPS 18294567 5/ 1 /2009 5Jl /2011 EACH CLAIM 510,000,000 PROFlPOLLUTION AGGREGATE S20,000.000 LEGAL-GENERAL RETENTION 5100,000 CONTRACTOR'S FORM DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CANCELLATION: 30 DAYS EXCEPT 10 DAYS FOR NON-PAYMENT. BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED (EXCEPT FOR WORKERS' COMPEL) WHERE REQUIRED BY WRITTEN CONTRACT. SEE ATTACHED. RE: CONTRACT #2010029 - OPERATIONS OF THE INDIAN RIVER COUNTY BIOSOLIDS DEWATERING FACILITY, SLUDGE DEWATERING AND HAULING; LOCATION : VERO BEACH , FL. CERTIFICATE HOLDER CANCELLATION EM "99941 10492389 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION INDIAN RIVER COUNTY DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN PURCHASING DEPARTMENT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 180027TH STREET IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR VERO BEACH FL 32960 REPRESENTATIVES. l AUTHORIZED REPR SENTATIVE ACORD 25 (2009/01 ) © 1988-2009 ACORD CORPORATI N . All rights reserved . The ACORD name and logo are registered marks of ACORD For questions regarding this certificate, contact the number listed In the 'Producer' sectlon above and specify the client code 'SYNSODI '. DATE ( MMIDDIYYYY) A4C R ®® CERTIFICATE OF LIABILITY iNSURANC 2010 2/25/2010 PRODUCER LOCKTON COMPANIES, LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 5847 SAN FELIPE, SUITE 320 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOUSTON TX 77057 HOLDER, THIS CERTIFICATE DOES NOT AMEND , EXTEND OR 866-260-3538 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE NAIC # INSURED SYNAGRO SOUTH, LLC INSURER A: American International Specialty Lines Insurance CO. 26883 1305901 1002 VILLAGE SQUARE INSURER B: Libcrty Mutual Firc Insurance Company 23035 SUITE C INSURER C : Liberty Insurance Corporation 42404 TOMBALL TX 77375 INSURER D: Illinois National Insurance Company 23817 INSURER E_ COVERAGES SYNS001 AR THIS CERTIFICATE OF INSURANCE GOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR DD' POLICY EFFECTNE POLICY EXPIRATION LTR !NSRC TYPE OF INSURANCE POLICY NUMBER DATE MM/DD DATE MMIOD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1 ,000,000 A X CODAMAGE TO RENTED' MMERCIAL GENERAL LIABILITY EG 18305986 5/ 1 /2009 11 / 1 /2010 PREMISES Ea occurrence $ 1 ,000,000 CLAIMS MADEXa OCCUR MED EXP (Any one person) S 10,000 X XCU NOT EXCLUDED PERSONAL 8 ADV INJURY S 110001000 GENERAL AGGREGATE S 2 ,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 21000,000 POLICY X PRO JECj LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 2 ,000,000 B X ANY AUTO AS2 -691 -437721 -019 5/ 1 /2009 5/ 1 /2010 (Ea accident) ALL OWNED AUTOS BODILY INJURY S XXXXXXX SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY S XXXXXXX X NON-OWNED AUTOS (Per accident) X $ 1 ,000 DED: PROPERTY DAMAGE X COMP & COLL (Per accident) S XXXXXXX GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX ANY AUTO NOT APPLICABLE OTHER THAN EA ACC S X}(XX.XX}( AUTO ONLY: AGG S XXXXXXX EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE S 5 000 000 D X OCCUR CLAIMS MADE BE 268 21 25 5/ 1 /2009 11 / 1 /2010 AGGREGATE $ 000 000 UMBRELLA $ XXXXXXX DEDUCTIBLE X FORM S XXXXXXX X RETENTION S 10 ,000 S XXXXXXX WORKERS COMPENSATION X TORY TATUS OER C AND EMPLOYERS' LIABILITY YIN WA7-69D-437721 -029(AOS) 5/ 1 /2009 5/ 1 /2010 C ANY PROPRIETOR/PARTNERIEXECUTIVE WC7-691437721 -039(Wl ) 5/ 1 ,02009 5/ 1 /2010 E.L. EACH ACCIDENT S 1 ,000,000 OFFICER/MEMBER EXCLUDED? ❑N (Mandatory in NH) E.L. DISEASE - EA EMPLOYEEI S 1 ,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT I S 1 ,000,000 A OTHER COPS 18294567 5/ 1 /2009 5Jl /2011 EACH CLAIM 510,000,000 PROFlPOLLUTION AGGREGATE S20,000.000 LEGAL-GENERAL RETENTION 5100,000 CONTRACTOR'S FORM DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CANCELLATION: 30 DAYS EXCEPT 10 DAYS FOR NON-PAYMENT. BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED (EXCEPT FOR WORKERS' COMPEL) WHERE REQUIRED BY WRITTEN CONTRACT. SEE ATTACHED. RE: CONTRACT #2010029 - OPERATIONS OF THE INDIAN RIVER COUNTY BIOSOLIDS DEWATERING FACILITY, SLUDGE DEWATERING AND HAULING; LOCATION : VERO BEACH , FL. CERTIFICATE HOLDER CANCELLATION EM "99941 10492389 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION INDIAN RIVER COUNTY DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN PURCHASING DEPARTMENT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 180027TH STREET IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR VERO BEACH FL 32960 REPRESENTATIVES. l AUTHORIZED REPR SENTATIVE ACORD 25 (2009/01 ) © 1988-2009 ACORD CORPORATI N . All rights reserved . The ACORD name and logo are registered marks of ACORD For questions regarding this certificate, contact the number listed In the 'Producer' sectlon above and specify the client code 'SYNSODI '. INSURED LETTER A INSURANCE TYPE POLLUTION & REMEDIATION LEGAL POLICY NUMBER EG 18305986 POLICY TERM 05/01 / 2009 - 11/01/ 2010 LIMITS EACH LOSS $ 10, 000, 000 TOTAL ALL LOSSES $ 10, 000, 000 RETENTION - EACH LOSS $ 250 , 000 Miscellaneous Attachment : M448994 Master ID: 1305901 INSURED LETTER A INSURANCE TYPE POLLUTION & REMEDIATION LEGAL POLICY NUMBER EG 18305986 POLICY TERM 05/01 / 2009 - 11/01/ 2010 LIMITS EACH LOSS $ 10, 000, 000 TOTAL ALL LOSSES $ 10, 000, 000 RETENTION - EACH LOSS $ 250 , 000 Miscellaneous Attachment : M448994 Master ID: 1305901 l U - BID BOND KNOW ALL MEN BY THESE PRESENTS , that we Synagro South , LLC as (BIDDER' S NAME) Principal , and U . S . Specialty Insurance Company - (SURETY ' S NAME) a corporation duly organized under the Laws of the State of Florida as a Surety with its principal offices in the City of Vero Beach and authorized to do business in the State of Florida, are held and firmly bound unto fNDIAN RIVER COUNTY (hereinafter called the OWNER) in the penal sum of Five Percent of Total Amount Bid ---------------- Dollars ($ 51!o TAB ), lawful money of the United States , amounting to 5 % of the total bid price, for the payment of which sum well and truly be made, we bind ourselves , our heirs, executors, administrators , and successors , jointly and severally, firmly by these presents. Whereas said Principal is herewith submitting a Bid dated February ,2 . .. 32010- for the construction of: Project Name: Bid for Operations of the Biosolids Dewatering Facility Sludge Dewatering and Hauling Bid Number: 2010029 Project Address : Indian River County Utilities 1325 74`h Avenue Vero Beach Fl . Project Description: Bid for Operations of the Biosolids Dewatering Facility, Sludge Dewatering , and Hauling NOW THEREFORE, the condition of the above obligation is such that if the Principal does not withdraw said Bid within the period of time set forth in the Bid Documents, and on or before the fifteenth day after the Notice of Award, the Principle enters into a written contract with the OWNER in accordance with the Bid as accepted, and if the Principal gives the required bonds with good and sufficient sureties for the faithful performance and proper fulfillment of such Contract and for the protection of laborers and materialmen, then this obligation shall be null and void. Otherwise, the Principal and Surety , jointly and severally, shall on or before the sixtieth day after request by the OWNER, pay to the OWNER in money , the difference between the amount specified in said Bid and the amount for which the OWNER may procure the required work if the latter amount is greater than the former, together with any expense and reasonable attorney fees, including appellate proceedings, incurred by the OWNER if suit is brought hereon , but in no event shall Surety ' s liability exceed the penal sum hereof plus such expenses and attorney' s fees. Page 34 of 47 l U - BID BOND KNOW ALL MEN BY THESE PRESENTS , that we Synagro South , LLC as (BIDDER' S NAME) Principal , and U . S . Specialty Insurance Company - (SURETY ' S NAME) a corporation duly organized under the Laws of the State of Florida as a Surety with its principal offices in the City of Vero Beach and authorized to do business in the State of Florida, are held and firmly bound unto fNDIAN RIVER COUNTY (hereinafter called the OWNER) in the penal sum of Five Percent of Total Amount Bid ---------------- Dollars ($ 51!o TAB ), lawful money of the United States , amounting to 5 % of the total bid price, for the payment of which sum well and truly be made, we bind ourselves , our heirs, executors, administrators , and successors , jointly and severally, firmly by these presents. Whereas said Principal is herewith submitting a Bid dated February ,2 . .. 32010- for the construction of: Project Name: Bid for Operations of the Biosolids Dewatering Facility Sludge Dewatering and Hauling Bid Number: 2010029 Project Address : Indian River County Utilities 1325 74`h Avenue Vero Beach Fl . Project Description: Bid for Operations of the Biosolids Dewatering Facility, Sludge Dewatering , and Hauling NOW THEREFORE, the condition of the above obligation is such that if the Principal does not withdraw said Bid within the period of time set forth in the Bid Documents, and on or before the fifteenth day after the Notice of Award, the Principle enters into a written contract with the OWNER in accordance with the Bid as accepted, and if the Principal gives the required bonds with good and sufficient sureties for the faithful performance and proper fulfillment of such Contract and for the protection of laborers and materialmen, then this obligation shall be null and void. Otherwise, the Principal and Surety , jointly and severally, shall on or before the sixtieth day after request by the OWNER, pay to the OWNER in money , the difference between the amount specified in said Bid and the amount for which the OWNER may procure the required work if the latter amount is greater than the former, together with any expense and reasonable attorney fees, including appellate proceedings, incurred by the OWNER if suit is brought hereon , but in no event shall Surety ' s liability exceed the penal sum hereof plus such expenses and attorney' s fees. Page 34 of 47 IN WITNESS WHEREOF , the above-bound parties have executed this instrument under their several seals this 28th day of January , 2010, 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 . � r . ■ r . . . . . • ■ r . . . . . . . . . ■ . . . . . . . . . . a . . . . . • • . . • . • . . . . . . . . r . r . . . . . . e . . . e rte . . . . r . . • r . . r . . • WHEN THE PRINCIPAL IS AN INDIVIDUAL : Signed , sealed and delivered in the presence of: Witness Signature of Individual Address Printed Name of Individual Witness Address - ■ rm . • • rr . r • • • • • . • r . . . . . • . . r . . . . rrrr . . . r • . . rs . r . rr . rrrrr • . • . r . r . . . . . rs . . . . . r . . r . . r • r . • • WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME : Signed , sealed and delivered in the presence of: Witness Name of Partnership BY : Address Partner Printed Name of Partner Witness (SEAL) Address Page 35 of 47 IN WITNESS WHEREOF , the above-bound parties have executed this instrument under their several seals this 28th day of January , 2010, 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 . � r . ■ r . . . . . • ■ r . . . . . . . . . ■ . . . . . . . . . . a . . . . . • • . . • . • . . . . . . . . r . r . . . . . . e . . . e rte . . . . r . . • r . . r . . • WHEN THE PRINCIPAL IS AN INDIVIDUAL : Signed , sealed and delivered in the presence of: Witness Signature of Individual Address Printed Name of Individual Witness Address - ■ rm . • • rr . r • • • • • . • r . . . . . • . . r . . . . rrrr . . . r • . . rs . r . rr . rrrrr • . • . r . r . . . . . rs . . . . . r . . r . . r • r . • • WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME : Signed , sealed and delivered in the presence of: Witness Name of Partnership BY : Address Partner Printed Name of Partner Witness (SEAL) Address Page 35 of 47 1 �1 WHEN THE PRINCIPAL IS A PARTNERSHIP: Signed, sealed and delivered in the presence of: Witness Name of Partnership -BY : Address Partner Printed Name of Partner Witness (SEAL) Address . r . � . . . • . r ■ ■ r ■ vrr . . ■ e . WA • . ra . rr . r . rr . rra . . . rr . rr . e . . . . • ■ . . � . . . • ■ . r . r . ■ . ■ rr ■ r • ■ • rr . r . • WHEN THE PRINCIPAL IS A CORPORATION : A ✓ C � 6y\ Synagro South , LLC Asst . Secretary Suzanne Nicholie Name of Corporation 4-/ BY : 4 1 (Affix Corporate SEAL) Karl J . Scott Printed Name Vice President & Assistant Secretary Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL I Assistant o Suzanne Nicholie corporation certify that I am the Secretary of the co oration named as Principal in the within bond; that Karl J . Scott , who signed the said bond on behalf of the Principal was then Vice President & Assistant Secretaryof 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 corpora6n- {bey authority of Us govQming body. Asst . Secretary (SEAL) Page 36 of 47 t. i 1 �1 WHEN THE PRINCIPAL IS A PARTNERSHIP: Signed, sealed and delivered in the presence of: Witness Name of Partnership -BY : Address Partner Printed Name of Partner Witness (SEAL) Address . r . � . . . • . r ■ ■ r ■ vrr . . ■ e . WA • . ra . rr . r . rr . rra . . . rr . rr . e . . . . • ■ . . � . . . • ■ . r . r . ■ . ■ rr ■ r • ■ • rr . r . • WHEN THE PRINCIPAL IS A CORPORATION : A ✓ C � 6y\ Synagro South , LLC Asst . Secretary Suzanne Nicholie Name of Corporation 4-/ BY : 4 1 (Affix Corporate SEAL) Karl J . Scott Printed Name Vice President & Assistant Secretary Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL I Assistant o Suzanne Nicholie corporation certify that I am the Secretary of the co oration named as Principal in the within bond; that Karl J . Scott , who signed the said bond on behalf of the Principal was then Vice President & Assistant Secretaryof 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 corpora6n- {bey authority of Us govQming body. Asst . Secretary (SEAL) Page 36 of 47 t. i TO BE EXECUTED BY CORPORATE SURETY: Atte t/ l - / v U . S . Specialty Insurance Company Secretary Corporate Surety 8 Forest Park Drive , Farmington , CT 06032 iness Ad es BY : /j X44 W v000��� FF (Affix Corp ate SEAL) (Attach Power of Attorney) Jon Douglas Burnham Attorney-In-Fact Lockton Companies, LLC Name of Local Agency 3601 SW 160th Avenue, Suite 200 , Miramar, FL 33027 Business Address STATE OF FL'OMM Texas COUNTY OFMIYA�<M1•zR Harris Before me , a Notary Public, duly commissioned , qualified and acting, personally appeared Jon Douglas Burnham to me well known , who being by me first duly sworn oath, says that he is the attorney-in-fact for the U . S . Specialty Insurance Company and that he has been authorized by _ U . S . Specialty Insurance Company to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this 28th day of January .) 2010 ��at�;�ti�jtt;un�rrurq r { AW,% vI ) _ . �;� `,`nwN r4P, d ``'�.� otaay ublic , State of�sri i exas `Z` ' � Ry , � Shona D . Holmes 61 ✓� ' fi ' Page 37 of 47 cn CID FOF 10 • . FIRES , . . • '• 20 A -\ <rpirn�tnmmt�t�»o4 TO BE EXECUTED BY CORPORATE SURETY: Atte t/ l - / v U . S . Specialty Insurance Company Secretary Corporate Surety 8 Forest Park Drive , Farmington , CT 06032 iness Ad es BY : /j X44 W v000��� FF (Affix Corp ate SEAL) (Attach Power of Attorney) Jon Douglas Burnham Attorney-In-Fact Lockton Companies, LLC Name of Local Agency 3601 SW 160th Avenue, Suite 200 , Miramar, FL 33027 Business Address STATE OF FL'OMM Texas COUNTY OFMIYA�<M1•zR Harris Before me , a Notary Public, duly commissioned , qualified and acting, personally appeared Jon Douglas Burnham to me well known , who being by me first duly sworn oath, says that he is the attorney-in-fact for the U . S . Specialty Insurance Company and that he has been authorized by _ U . S . Specialty Insurance Company to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this 28th day of January .) 2010 ��at�;�ti�jtt;un�rrurq r { AW,% vI ) _ . �;� `,`nwN r4P, d ``'�.� otaay ublic , State of�sri i exas `Z` ' � Ry , � Shona D . Holmes 61 ✓� ' fi ' Page 37 of 47 cn CID FOF 10 • . FIRES , . . • '• 20 A -\ <rpirn�tnmmt�t�»o4 My Commission Expires: 01 -27-2011 Any claims under this bond shall be addressed to: Name and address of Surety U . S . Specialty Insurance Company 8 Forest Park Drive Farmington , CT 06032 Name and address of agent or representative in Florida if different from above: Telephone number of Surety 883 _ 2000 and agent or representative in Florida: ( g54_54 ) Page 38 of 47 My Commission Expires: 01 -27-2011 Any claims under this bond shall be addressed to: Name and address of Surety U . S . Specialty Insurance Company 8 Forest Park Drive Farmington , CT 06032 Name and address of agent or representative in Florida if different from above: Telephone number of Surety 883 _ 2000 and agent or representative in Florida: ( g54_54 ) Page 38 of 47 FLORIDA DEPARTMENT OF INSURANCE JON DOUGLAS ,BURNHAM License Numbe( E02160 r5 %. CF.NSEO TOM soicf THSFOLLOWWO CL A SSSS OF "SURANLE ienerF l : r�es Pap A: Cali pw r 5 C .. r?wr• , r '. r - rrt .>rr �' nr.:. ..� , .. f. . .ht„ . :.e' S c 'Ntrv+ r.. .n".� A Y FLORIDA DEPARTMENT OF INSURANCE JON DOUGLAS ,BURNHAM License Numbe( E02160 r5 %. CF.NSEO TOM soicf THSFOLLOWWO CL A SSSS OF "SURANLE ienerF l : r�es Pap A: Cali pw r 5 C .. r?wr• , r '. r - rrt .>rr �' nr.:. ..� , .. f. . .ht„ . :.e' S c 'Ntrv+ r.. .n".� A Y o __ lil 'I ll II I I I 'lll IIII i IIII III I llli I IIII11 , '°i 1 11 IIII III 'I1 III Ill Ii1ll i. 111 ,I^ _ hill lit ill l ' I II SII , li' Illi HI I 1111 ' illi) ILI ! ali ' ldl Illl k4 ATTORNEY POWEIARX OF (To be used with bonds issued on behalf of U. S . SPECIALTY INSURANCE COMPANY) Till Know-All Men 6y_These Presents That,IlllU S,. SPECIALTY INSURANCE=COMPANthe "Company"), a coiporahon =duly __ l 1 e of Texasl and having its pnnci a office in �ouston, Harris County,-Texas , does by vas existing under the laws of the Statmake constitute and appoint IIll ; lllli� l III !!Itil1'„ 111611, _ - .11IIII III Angela P . Hyle, Florence McClellan, Shona D . Holmes , John A . Martinez, John Douglas Burnham or Keicha Ann Smith of Houston, Texas its true and lawful_ Attorneys)-in-fact, with full power and authority hereby confI . erred1111inI,,itslilllname, place and stead, to execute, acknowled e and deliver an and all bonds, -recogmzances , under-takings for 11 ,other, ) insntrnments or contracts of suretysht�to include - riders, =amendments, and consents =aft sureroviding'I tli'e 'li��il'�'bond' , 11!" penalty does _ not exceed_= 1 :1 d1l Seventy-Five Million Dollars Dollarst($ * 75 ;000 ,000100 * *I jll''I1'and to bind the CoWany_f ereb}Tas -- * * * * fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises . Said appointment is made under and by authority of the following resolutions of the Board of Directors of the U. S . Specialty Insurance Company: shall be and is hereb vested_wrthfull B _ = yippippilpip Utce-President, any Secretary_oranyAssistankSecretary ylIlp e rtResolveirtha—hEt c3resident an Vrce Prestdent, anylAssrstaliplir .ntl, werand authontyto appoint any one or more suiA, ltable persi ns asAttorney(s)-in-Fact to representand- actfor and on be (f of the Company subject to the following - _ -_ III IP I ' ' ' l I' ll IIIA III Illi ILII iIjIIII III , . _provisions= = II Ill I ' aI ' 1111 IIII Il ' l� — — _ Attorney-m-Fact may be given full power and authontyfor and m the name of and on behalf 6M Company, to execute, aclmowledge and deliver; anyand all bonds, recogmzances, contracts, agreements or indemnity and other conditional or obligatory undertalangs and any and all notices and documents canceling or terminating the Company' s liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that-the: signature of any authorized officer and_seaL=ofthe Company heretofore or hereafter affixed to' any power of attorney or anycertificate relating ,hereto liy__facsimile any power of attorney oieertificat bearing facsimile signature or facsimile seal 'Ishall be valid.1, and binding upon the Gompan�with espect to= any bond orundertakmg fo which itis attacbed= dopted bZsuiammous_written consent in heul f meetiOilng on July 711, 2003'.)l:;;V' :ii iI 41 till: III l� 7n Witness Whereof, U. S. SPECIALTY INSURANCE COMPANY has caused these presents to be signed by its Vice President, and its corporate seal to be hereto affixed this 15th day of June 2009 . Corporate Seal y¢ Iq< U. S . SPECIALTX—INS JRANCE COMPANX— EC _ __ Ell — p Jam T I` �� I: B r7 N „ j III . r State of California °'Wv� �o County of Los Angeles ss : Adam S Pessm , Vice President On this 15th day_o�June, 2009 , before me,AV Wnght,a rotary public, personally Ilappeared ; IA1 , lip dam S . Pessm, Vice President oZI S Specialty Insurance ;Company, who_ pioved o i on the basis of satisfactory)Ill It l l evideik'eI'll tb l be the person(s�wbose named hare= subscribed to the o __ lil 'I ll II I I I 'lll IIII i IIII III I llli I IIII11 , '°i 1 11 IIII III 'I1 III Ill Ii1ll i. 111 ,I^ _ hill lit ill l ' I II SII , li' Illi HI I 1111 ' illi) ILI ! ali ' ldl Illl k4 ATTORNEY POWEIARX OF (To be used with bonds issued on behalf of U. S . SPECIALTY INSURANCE COMPANY) Till Know-All Men 6y_These Presents That,IlllU S,. SPECIALTY INSURANCE=COMPANthe "Company"), a coiporahon =duly __ l 1 e of Texasl and having its pnnci a office in �ouston, Harris County,-Texas , does by vas existing under the laws of the Statmake constitute and appoint IIll ; lllli� l III !!Itil1'„ 111611, _ - .11IIII III Angela P . Hyle, Florence McClellan, Shona D . Holmes , John A . Martinez, John Douglas Burnham or Keicha Ann Smith of Houston, Texas its true and lawful_ Attorneys)-in-fact, with full power and authority hereby confI . erred1111inI,,itslilllname, place and stead, to execute, acknowled e and deliver an and all bonds, -recogmzances , under-takings for 11 ,other, ) insntrnments or contracts of suretysht�to include - riders, =amendments, and consents =aft sureroviding'I tli'e 'li��il'�'bond' , 11!" penalty does _ not exceed_= 1 :1 d1l Seventy-Five Million Dollars Dollarst($ * 75 ;000 ,000100 * *I jll''I1'and to bind the CoWany_f ereb}Tas -- * * * * fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises . Said appointment is made under and by authority of the following resolutions of the Board of Directors of the U. S . Specialty Insurance Company: shall be and is hereb vested_wrthfull B _ = yippippilpip Utce-President, any Secretary_oranyAssistankSecretary ylIlp e rtResolveirtha—hEt c3resident an Vrce Prestdent, anylAssrstaliplir .ntl, werand authontyto appoint any one or more suiA, ltable persi ns asAttorney(s)-in-Fact to representand- actfor and on be (f of the Company subject to the following - _ -_ III IP I ' ' ' l I' ll IIIA III Illi ILII iIjIIII III , . _provisions= = II Ill I ' aI ' 1111 IIII Il ' l� — — _ Attorney-m-Fact may be given full power and authontyfor and m the name of and on behalf 6M Company, to execute, aclmowledge and deliver; anyand all bonds, recogmzances, contracts, agreements or indemnity and other conditional or obligatory undertalangs and any and all notices and documents canceling or terminating the Company' s liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that-the: signature of any authorized officer and_seaL=ofthe Company heretofore or hereafter affixed to' any power of attorney or anycertificate relating ,hereto liy__facsimile any power of attorney oieertificat bearing facsimile signature or facsimile seal 'Ishall be valid.1, and binding upon the Gompan�with espect to= any bond orundertakmg fo which itis attacbed= dopted bZsuiammous_written consent in heul f meetiOilng on July 711, 2003'.)l:;;V' :ii iI 41 till: III l� 7n Witness Whereof, U. S. SPECIALTY INSURANCE COMPANY has caused these presents to be signed by its Vice President, and its corporate seal to be hereto affixed this 15th day of June 2009 . Corporate Seal y¢ Iq< U. S . SPECIALTX—INS JRANCE COMPANX— EC _ __ Ell — p Jam T I` �� I: B r7 N „ j III . r State of California °'Wv� �o County of Los Angeles ss : Adam S Pessm , Vice President On this 15th day_o�June, 2009 , before me,AV Wnght,a rotary public, personally Ilappeared ; IA1 , lip dam S . Pessm, Vice President oZI S Specialty Insurance ;Company, who_ pioved o i on the basis of satisfactory)Ill It l l evideik'eI'll tb l be the person(s�wbose named hare= subscribed to the 2054427 THIN DOCUMENT HAS BEEN RECORDED IN THE Pl B - IC RE :. OFDS OF INDIAN RIVER COL NTY FL PAYMENT BOND 03/23/2010 2407 PG : 1387 , Pal lel of 11 03/23/2010 at 03 : 19 FIM , JEFFREY K BARTON , CL = RK 0 _ CUUR7 KNOW ALL MEN BY THESE PRESENTS : BY THIS BOND, we Synagro South , LLC 1800 Bering Drive , Suite 100 Houston , TX 77057 ('► 1 ��1 311 _ � '1 rj 9 , as Principal (Contractor) ( insert name, principal business address, and telephone number of Principal/Contractor) and U . S . Specialty Insurance Company 8 Forest Park Drive Farmington , CT 06032 ( ' 113> LA (A a - \ LW' o0 , a corporation , as Surety, ( Insert name, principal business address, and telephone number of Surety) are held and firmly bound unto the County of Indian River, Florida , 1800 27`h Street, Vero Beach, Florida 32960 , ( 772) 567 - 8000, in the sum of Six Hundred Sixty Thousand One Hundred Eighty Five and NO/ 100 Dollars ( $ 660 , 185 . 00 ) , amounting to 100% of the total bid price . For the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the LjR .' day of 20,12b entered into between the Principal and the County of Indian River, for : Bond Number: 1000831792 Project Name : Bid for Operations of the Biosolids Dewatering Facility Sludge Dewatering and Hauling County Bid Number : Project Address : Indian River County Utilities 1325 74'h Ave Vero Beach , Florida A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein . NOW , THEREFORE , THE CONDITIONS OF THIS OBLIGATION ARE SUCH , that, if the Principal shall 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 : A . A claimant is defined as any person supplying the Principal with labor, material or supplies, used directly or indirectly by the Principal or any subcontractor in the prosecution of the Page 39 of 47 2054427 THIN DOCUMENT HAS BEEN RECORDED IN THE Pl B - IC RE :. OFDS OF INDIAN RIVER COL NTY FL PAYMENT BOND 03/23/2010 2407 PG : 1387 , Pal lel of 11 03/23/2010 at 03 : 19 FIM , JEFFREY K BARTON , CL = RK 0 _ CUUR7 KNOW ALL MEN BY THESE PRESENTS : BY THIS BOND, we Synagro South , LLC 1800 Bering Drive , Suite 100 Houston , TX 77057 ('► 1 ��1 311 _ � '1 rj 9 , as Principal (Contractor) ( insert name, principal business address, and telephone number of Principal/Contractor) and U . S . Specialty Insurance Company 8 Forest Park Drive Farmington , CT 06032 ( ' 113> LA (A a - \ LW' o0 , a corporation , as Surety, ( Insert name, principal business address, and telephone number of Surety) are held and firmly bound unto the County of Indian River, Florida , 1800 27`h Street, Vero Beach, Florida 32960 , ( 772) 567 - 8000, in the sum of Six Hundred Sixty Thousand One Hundred Eighty Five and NO/ 100 Dollars ( $ 660 , 185 . 00 ) , amounting to 100% of the total bid price . For the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the LjR .' day of 20,12b entered into between the Principal and the County of Indian River, for : Bond Number: 1000831792 Project Name : Bid for Operations of the Biosolids Dewatering Facility Sludge Dewatering and Hauling County Bid Number : Project Address : Indian River County Utilities 1325 74'h Ave Vero Beach , Florida A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein . NOW , THEREFORE , THE CONDITIONS OF THIS OBLIGATION ARE SUCH , that, if the Principal shall 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 : A . A claimant is defined as any person supplying the Principal with labor, material or supplies, used directly or indirectly by the Principal or any subcontractor in the prosecution of the Page 39 of 47 Work provided for in said Contract, and is further defined in Section 713 . 01 of the Florida (� Statutes . The above name Principal and Surety hereby jointly and severally agree with the County of Indian River that every claimant as herein defined , who has not been paid in full before the expiration of a period of ninety (90) days after performance of the labor or after complete delivery of materials and supplies by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sums or sums as may be justly due claimant, and have execution thereon . The County of Indian River shall not be liable for the payment of any costs or expenses of any such suit . No suit or action shall be commenced hereunder by any claimant : 1 . Unless claimant, other than one having a direct contract with the Principal , shall within forty five (45 ) days after beginning to furnish labor, materials or supplies for the prosecution of the work , furnish the Principal and Surety with a notice that he intends to look to this Bond for protection . 2 . Unless claimant, other than one having a direct contract with the Principal , shall within ninety (90) days after such claimant ' s performance of the labor or complete delivery of materials or supplies , deliver to the Principal and Surety written notice of the performance of such labor or delivery of such material or supplies and the nonpayment therefore . 3 . After the expiration of one ( 1 ) year from the performance of the labor or completion of delivery of the materials or supplies ; it being understood , however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction hereof, such limitations shall be deemed to be amended , so as to be equal to the minimum period of limitation permitted by such law . 4 . Other then in a state court of competent jurisdiction in and for Indian River County, Florida , or in the United States District Court for the Southern District of Florida, and not elsewhere . The Surety, for value received , hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or to the Specifications applicable thereto, shall in any way affect its obligations on this Bond , and the Surety hereby waives notice of any such change, extension of time , alterations of or addition to the terms of the Contract, or to the work or to the Specifications . The Surety represents and warrants to the County of Indian River that it has a Best ' s Key Rating Guide, General Policyholder ' s rating of " A " and Financial Size Category of Class "V . 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 India River . Page 40 of 47 Work provided for in said Contract, and is further defined in Section 713 . 01 of the Florida (� Statutes . The above name Principal and Surety hereby jointly and severally agree with the County of Indian River that every claimant as herein defined , who has not been paid in full before the expiration of a period of ninety (90) days after performance of the labor or after complete delivery of materials and supplies by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sums or sums as may be justly due claimant, and have execution thereon . The County of Indian River shall not be liable for the payment of any costs or expenses of any such suit . No suit or action shall be commenced hereunder by any claimant : 1 . Unless claimant, other than one having a direct contract with the Principal , shall within forty five (45 ) days after beginning to furnish labor, materials or supplies for the prosecution of the work , furnish the Principal and Surety with a notice that he intends to look to this Bond for protection . 2 . Unless claimant, other than one having a direct contract with the Principal , shall within ninety (90) days after such claimant ' s performance of the labor or complete delivery of materials or supplies , deliver to the Principal and Surety written notice of the performance of such labor or delivery of such material or supplies and the nonpayment therefore . 3 . After the expiration of one ( 1 ) year from the performance of the labor or completion of delivery of the materials or supplies ; it being understood , however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction hereof, such limitations shall be deemed to be amended , so as to be equal to the minimum period of limitation permitted by such law . 4 . Other then in a state court of competent jurisdiction in and for Indian River County, Florida , or in the United States District Court for the Southern District of Florida, and not elsewhere . The Surety, for value received , hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or to the Specifications applicable thereto, shall in any way affect its obligations on this Bond , and the Surety hereby waives notice of any such change, extension of time , alterations of or addition to the terms of the Contract, or to the work or to the Specifications . The Surety represents and warrants to the County of Indian River that it has a Best ' s Key Rating Guide, General Policyholder ' s rating of " A " and Financial Size Category of Class "V . 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 India River . Page 40 of 47 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. IN WITNESS WHEREOF , the above bound parties executed this instrument under their several seals, this 11 day of M r h , 20A03 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 . ■ r ■ ■ m ■ r ■ ■ ■ ■ mrr ■ ■ ■ • . rmm rrrrrrrrmr ■ rrr ■ mrm • rr ■ rrrrrr • • r ■ rrr ■ ■ rrrrrrrrrrrrrrrrrmrmrrrrrrr WHEN THE PRINCIPAL IS AN INDIVIDUAL : Witness Signature of Individual Address Printed Name of Individual Witness Address rrrrrrrrrvrrrrrrrrrrrrrr ■ rrrr ■ ■ rrrrrrrrrrrrrrrrrrrrrrr a rrrrrrrrrrrrrrrrrrrr ■ ° ° ° ■ r ° ° ° • WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME : Signed , seated and delivered in the presence of: Witness Name of Partnership BY : Address Partner Printed Name of Partner Witness (SEAL) Address ■ r ■ ■ rrm ■ rr ■ ■ rrr ■ rr ■ rr ■ r ■ • m • ■ mmm rmm mr . sr ■ mm • • ■ mmm . ■ mm • ■ m • mmm mmm mmrm ■ rmrrr ■ m rm ■ mrr rrrmr ■ Page 41 of 47 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. IN WITNESS WHEREOF , the above bound parties executed this instrument under their several seals, this 11 day of M r h , 20A03 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 . ■ r ■ ■ m ■ r ■ ■ ■ ■ mrr ■ ■ ■ • . rmm rrrrrrrrmr ■ rrr ■ mrm • rr ■ rrrrrr • • r ■ rrr ■ ■ rrrrrrrrrrrrrrrrrmrmrrrrrrr WHEN THE PRINCIPAL IS AN INDIVIDUAL : Witness Signature of Individual Address Printed Name of Individual Witness Address rrrrrrrrrvrrrrrrrrrrrrrr ■ rrrr ■ ■ rrrrrrrrrrrrrrrrrrrrrrr a rrrrrrrrrrrrrrrrrrrr ■ ° ° ° ■ r ° ° ° • WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME : Signed , seated and delivered in the presence of: Witness Name of Partnership BY : Address Partner Printed Name of Partner Witness (SEAL) Address ■ r ■ ■ rrm ■ rr ■ ■ rrr ■ rr ■ rr ■ r ■ • m • ■ mmm rmm mr . sr ■ mm • • ■ mmm . ■ mm • ■ m • mmm mmm mmrm ■ rmrrr ■ m rm ■ mrr rrrmr ■ Page 41 of 47 rarrrrarrrrrraaaarraarereereeraeeeareraeraarrarrrrereaeereereeerreerearerrrarrrrrrrrar WHEN THE PRINCIPAL IS A PARTNERSHIP : Signed , sealed and delivered in the presence of: W itness Name of Partnership BY : Address Partner Printed Name of Partner Witness ( SEAL) Address • reereereraeerrerreereasrrrerrrerrareeereeeeeerreaerrreareerrrrrrerrerrrrerrrrreerrrr ■ WHEN THE PRINCIPAL IS A CORPORATION : µ Attest : 's• ( A Synagro South , LLC fir • Secretary Name of Corporation r BY : (Alx Corporate SEAL) Karl J . Scott k. Printed Name Vice President Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL Catherine Elkins fit • Limited Liability Company 1 certify that I am the Secretary of the tbif@MW named as Principal in the within bond ; that Karl J . Scott who signed the said Limited Liability Ca:npany bond on behalf of the Principal was then Vice President of said t�U�Ai : Page 42 of 47 rarrrrarrrrrraaaarraarereereeraeeeareraeraarrarrrrereaeereereeerreerearerrrarrrrrrrrar WHEN THE PRINCIPAL IS A PARTNERSHIP : Signed , sealed and delivered in the presence of: W itness Name of Partnership BY : Address Partner Printed Name of Partner Witness ( SEAL) Address • reereereraeerrerreereasrrrerrrerrareeereeeeeerreaerrreareerrrrrrerrerrrrerrrrreerrrr ■ WHEN THE PRINCIPAL IS A CORPORATION : µ Attest : 's• ( A Synagro South , LLC fir • Secretary Name of Corporation r BY : (Alx Corporate SEAL) Karl J . Scott k. Printed Name Vice President Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL Catherine Elkins fit • Limited Liability Company 1 certify that I am the Secretary of the tbif@MW named as Principal in the within bond ; that Karl J . Scott who signed the said Limited Liability Ca:npany bond on behalf of the Principal was then Vice President of said t�U�Ai : Page 42 of 47 ,r /�^.'�. /•a4yr!u • u �op/✓�>r tilt, that 1 know his signature, and his signature thereto is genuine , and th,-, , 8�B d y s lied , sealed • 7,f + a`• '+ . . and attested for and on Zecretiary f corporation by authority of its go + e�r�ii� rr Asst ( SEA ; • , , ;;� ,.;, ,.: :, . T BE EXECUTED BY CORPORATE SURETY : Attest: U . S . Specialty Insurance Company retary Corporate Surety John A . Martinez 8 Forest Park Drive Fyo I I . �j , .• ;f+i �i' Farmington Cf 06032 t x Vii, Busi s Addr ss . M r s • . d j •: 6 BY : ( Affix Co porate SEAL} ti ] on Douglas Burnham111 ; � S � � Attorney-In -Fact Lockton Companies LLC Name of Local Agency 5847 San Felipe, Suite 320 Houston TX 77057 Business Address STATE OF nORKM Texas COUNTY OFINOLMAIVER Harris Before me, a Notary Public, duly commissioned , qualified and acting, personally appeared Jon Douglas Burnham , to me well known , who being by me first duly sworn upon oath , says that he is the attorney-in-fact for the U . S . Specialty Insurance Company and that he has been authorized by U . S . Specialty Insurance Company to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida . Subscribed and sworn to before me this 17th day of March 2010 . IIO� I! ,/// Q PUS 4ona tary Publ , State of Fl rida ly ego ' Holmes O .: o Q My Commission Expires : 01 - 2 ?-2011 slgrE oF ��;' 1 END OF SECTION EXP\� • O'er �• . Page 43 of 47 ,r /�^.'�. /•a4yr!u • u �op/✓�>r tilt, that 1 know his signature, and his signature thereto is genuine , and th,-, , 8�B d y s lied , sealed • 7,f + a`• '+ . . and attested for and on Zecretiary f corporation by authority of its go + e�r�ii� rr Asst ( SEA ; • , , ;;� ,.;, ,.: :, . T BE EXECUTED BY CORPORATE SURETY : Attest: U . S . Specialty Insurance Company retary Corporate Surety John A . Martinez 8 Forest Park Drive Fyo I I . �j , .• ;f+i �i' Farmington Cf 06032 t x Vii, Busi s Addr ss . M r s • . d j •: 6 BY : ( Affix Co porate SEAL} ti ] on Douglas Burnham111 ; � S � � Attorney-In -Fact Lockton Companies LLC Name of Local Agency 5847 San Felipe, Suite 320 Houston TX 77057 Business Address STATE OF nORKM Texas COUNTY OFINOLMAIVER Harris Before me, a Notary Public, duly commissioned , qualified and acting, personally appeared Jon Douglas Burnham , to me well known , who being by me first duly sworn upon oath , says that he is the attorney-in-fact for the U . S . Specialty Insurance Company and that he has been authorized by U . S . Specialty Insurance Company to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida . Subscribed and sworn to before me this 17th day of March 2010 . IIO� I! ,/// Q PUS 4ona tary Publ , State of Fl rida ly ego ' Holmes O .: o Q My Commission Expires : 01 - 2 ?-2011 slgrE oF ��;' 1 END OF SECTION EXP\� • O'er �• . Page 43 of 47 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS : BY THIS BOND, we Synagro South , LLC 1800 Bering Drive , Suite 1000, Houston , TX 77057 C_713 ) 3U6 . 1 "159 as Principal (Contractor) ( Insert name, principal business address, and telephone number of Principal/Contractor) and U . S . Specialty Insurance Company 8 Forest Park Drive , Farmington , CT 06032 C1 j3> ULaa - l000 , a corporation , as Surety , (Insert name, principal business, and telephone number of Surety) are held and firmly bound unto the County of Indian River, Florida, 1800 27`h Street, Vero Beach , Florida 32960, (772 -567 - 8000), in the sum of Six Hundred Sixty Thousand One Hundred Eighty Five and NO/ 100 Dollars ($660, 185 . 00 ), amounting to 100% of the total bid price . For the payment of said sum we bind ourselves , our heirs, executors , administrators and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the . day of 20.1.Q , entered into between the Principal and the County of Indian River, for : Bond Number: 1000831792 ( Project Name : Bid for Operations of the Biosolids Dewatering Facility, Sludge Dewatering , and Hauling County Project Number : 2010029 Project Address : 1325 74th Avenue Vero Beach , FL A copy of said Contract is incorporated herein by reference and is made a part hereof as fully copied herein . NOW , THEREFOR, 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 Page 44 of 47 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS : BY THIS BOND, we Synagro South , LLC 1800 Bering Drive , Suite 1000, Houston , TX 77057 C_713 ) 3U6 . 1 "159 as Principal (Contractor) ( Insert name, principal business address, and telephone number of Principal/Contractor) and U . S . Specialty Insurance Company 8 Forest Park Drive , Farmington , CT 06032 C1 j3> ULaa - l000 , a corporation , as Surety , (Insert name, principal business, and telephone number of Surety) are held and firmly bound unto the County of Indian River, Florida, 1800 27`h Street, Vero Beach , Florida 32960, (772 -567 - 8000), in the sum of Six Hundred Sixty Thousand One Hundred Eighty Five and NO/ 100 Dollars ($660, 185 . 00 ), amounting to 100% of the total bid price . For the payment of said sum we bind ourselves , our heirs, executors , administrators and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the . day of 20.1.Q , entered into between the Principal and the County of Indian River, for : Bond Number: 1000831792 ( Project Name : Bid for Operations of the Biosolids Dewatering Facility, Sludge Dewatering , and Hauling County Project Number : 2010029 Project Address : 1325 74th Avenue Vero Beach , FL A copy of said Contract is incorporated herein by reference and is made a part hereof as fully copied herein . NOW , THEREFOR, 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 Page 44 of 47 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 and difference between the sum that the County of Indian River may be obliged to pay for the completion of said Work, by contract or otherwise , and any damages, whether direct, indirect, or consequential , including reasonable attorney ' s fee ( including appellate proceedings) , which the County of Indian River may incur as a result of the failure of the Principal to properly execute all of the provisions of the Contract . AND , the said Principal and Surety hereby further bind themselves , their successors, executors, administrators and assigns, jointly and severally , that they will amply and fully protect the County of Indian River against, and will pay any and all amounts, damages , costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work , repair or maintenance thereof, or the manner of doing the same, or his agents or his servants, or the infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise . AND , the said Surety, for value received , hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder , or the Specifications or Drawings accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications or Drawings . AND , the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Final Completion as established I n the Certificate of Final Completion as issued by the County of Indian River . IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals , this day of 20., the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WHEN THE PRINCIPAL IS AN INDIVIDUAL : Signed , sealed and delivered in the presence of. Witness Signature of Individual Address Printed Name of Individual Witness Page 45 of 47 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 and difference between the sum that the County of Indian River may be obliged to pay for the completion of said Work, by contract or otherwise , and any damages, whether direct, indirect, or consequential , including reasonable attorney ' s fee ( including appellate proceedings) , which the County of Indian River may incur as a result of the failure of the Principal to properly execute all of the provisions of the Contract . AND , the said Principal and Surety hereby further bind themselves , their successors, executors, administrators and assigns, jointly and severally , that they will amply and fully protect the County of Indian River against, and will pay any and all amounts, damages , costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work , repair or maintenance thereof, or the manner of doing the same, or his agents or his servants, or the infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise . AND , the said Surety, for value received , hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder , or the Specifications or Drawings accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications or Drawings . AND , the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Final Completion as established I n the Certificate of Final Completion as issued by the County of Indian River . IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals , this day of 20., the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WHEN THE PRINCIPAL IS AN INDIVIDUAL : Signed , sealed and delivered in the presence of. Witness Signature of Individual Address Printed Name of Individual Witness Page 45 of 47 Address • ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ass ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ r ■ r ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ e ■ ■ ■ ■ ■ ■ ■ ■ rr ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATED UNDER A TRADE NAME : Signed , sealed and delivered in the presence of: Witness Name of Partnership BY : Address Partner Printed Name of Partner Witness ( SEAL) Address WHEN THE PRINCIPAL IS A PARTNERSHIP : Signed , sealed and delivered in the presence of: Witness Name of Partnership BY : Address Partner Witness Printed Name of Partner (SEAL) Address r: WHEN THE PRINCIPAL IS A CORPORATION : , � r Atte 'As so z Synagro South , LLC � ` , +fir' �, ✓, Ass Secretar Name of Corporation Y p i' ' s {fes \ � / / BY : ffix CorporalIF S Karl J . Scott Llq Printed Name ,. ,.�� ' " ' ° • • M� Vice President '` � 117 ) 1f/ 111411�� r Official Title Page 46 of 47 Address • ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ass ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ r ■ r ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ e ■ ■ ■ ■ ■ ■ ■ ■ rr ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATED UNDER A TRADE NAME : Signed , sealed and delivered in the presence of: Witness Name of Partnership BY : Address Partner Printed Name of Partner Witness ( SEAL) Address WHEN THE PRINCIPAL IS A PARTNERSHIP : Signed , sealed and delivered in the presence of: Witness Name of Partnership BY : Address Partner Witness Printed Name of Partner (SEAL) Address r: WHEN THE PRINCIPAL IS A CORPORATION : , � r Atte 'As so z Synagro South , LLC � ` , +fir' �, ✓, Ass Secretar Name of Corporation Y p i' ' s {fes \ � / / BY : ffix CorporalIF S Karl J . Scott Llq Printed Name ,. ,.�� ' " ' ° • • M� Vice President '` � 117 ) 1f/ 111411�� r Official Title Page 46 of 47 CERTIFICATE AS TO CORPORATE PRINCIPAL. Linated Liability Company �-✓ I Catherine Elkins certify that I am then*aWtoFthe aurpomti= named as Principal in the within bond ; that Karl J . Scott who signed the said bond on behalf of the Principal was then Vice President of said t, d, .V.ability coca ny ::, .that I know his signature , and his signature thereto is genuine ; and that said Bond was duly 5ig,64 st4jq ,arid attested for and on behalf of Said orporation by authority of its governing body . Secretary T BE EXECUTED BY CORPORATE SURETY : .<00 Js ?, ;:Attest : U . S . Specialty Insurance Company ec etaiy Corporate Surety 8 Forest Park Drive r John A. Martinez Farmington , CT 06032 f ;> Hess A ss ' ` j � Rlelf�)re , , , � BY : b . , a`r` , - � r {Affixrporate SEAL ' )y _• i d' J ' fpSG yCt yFqjr > ly s ° o 3on ouglas Burnham Attorney-In - Fact Lockton Companies, LLC a Name of Local Agency 5847 San Felipe, Suite 320 r �191 ' 1 ' ls '•t� ` Houston . TX 77057 Business Address STATE OF rt)OMM Texas COUNTY OF 1NDLAN>RYVBR Harris Before me, a Notary Public, duly commissioned , qualified and acting, personally appeared Jon Douglas Burnham , to me well known , who being by me first duly sworn upon oath , says that he is the attorney- in - fact for the U . S . Specialty Insurance Company and that he has been authorized by _ U . S . Specialty Insurance Company to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida . Subscribed and sworn to before me this 17th day of March 2010 Notary Public , State oMlcmW. Florida 01 -27- 2011 Shona D . Holmes \\\\\\\ uD" wurnru/ My Commission Expires : � P, . . • • • . . 0� Page 47 of 47 !/ CID LP F 0 P1 Re , . 1N 0� ' CERTIFICATE AS TO CORPORATE PRINCIPAL. Linated Liability Company �-✓ I Catherine Elkins certify that I am then*aWtoFthe aurpomti= named as Principal in the within bond ; that Karl J . Scott who signed the said bond on behalf of the Principal was then Vice President of said t, d, .V.ability coca ny ::, .that I know his signature , and his signature thereto is genuine ; and that said Bond was duly 5ig,64 st4jq ,arid attested for and on behalf of Said orporation by authority of its governing body . Secretary T BE EXECUTED BY CORPORATE SURETY : .<00 Js ?, ;:Attest : U . S . Specialty Insurance Company ec etaiy Corporate Surety 8 Forest Park Drive r John A. Martinez Farmington , CT 06032 f ;> Hess A ss ' ` j � Rlelf�)re , , , � BY : b . , a`r` , - � r {Affixrporate SEAL ' )y _• i d' J ' fpSG yCt yFqjr > ly s ° o 3on ouglas Burnham Attorney-In - Fact Lockton Companies, LLC a Name of Local Agency 5847 San Felipe, Suite 320 r �191 ' 1 ' ls '•t� ` Houston . TX 77057 Business Address STATE OF rt)OMM Texas COUNTY OF 1NDLAN>RYVBR Harris Before me, a Notary Public, duly commissioned , qualified and acting, personally appeared Jon Douglas Burnham , to me well known , who being by me first duly sworn upon oath , says that he is the attorney- in - fact for the U . S . Specialty Insurance Company and that he has been authorized by _ U . S . Specialty Insurance Company to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida . Subscribed and sworn to before me this 17th day of March 2010 Notary Public , State oMlcmW. Florida 01 -27- 2011 Shona D . Holmes \\\\\\\ uD" wurnru/ My Commission Expires : � P, . . • • • . . 0� Page 47 of 47 !/ CID LP F 0 P1 Re , . 1N 0� ' FLORIDA DEPARTMENT OF INSURANCE JON DOUGLAS BURNHAM License Number E021663 IS LICENSED TO rPA S T T FO LO"#G CL^S9 % OE WVLN�NLE , enerai Lanes {Prop 8 Gast �tC -REs1DENT UICENSE .• ,.++a r"n 'Co tiafYai at Yt4ivvrra � na + •, » „ _ . r. nd r .. :^,� -. , ..t +N :r u � aiYN �✓ar ;tsw 'v , ,•ox+ �� r > :r V - FLORIDA DEPARTMENT OF INSURANCE JON DOUGLAS BURNHAM License Number E021663 IS LICENSED TO rPA S T T FO LO"#G CL^S9 % OE WVLN�NLE , enerai Lanes {Prop 8 Gast �tC -REs1DENT UICENSE .• ,.++a r"n 'Co tiafYai at Yt4ivvrra � na + •, » „ _ . r. nd r .. :^,� -. , ..t +N :r u � aiYN �✓ar ;tsw 'v , ,•ox+ �� r > :r V - POWER OF ATTORNEY - __ - (To be used with bonds issued on behalf of U. S . SPECIALTY INSURANCE COMPANY) ( Know All Men by These Presents That, U.S. SPECIALTY INSURANCE COMPANY (the 'Company"); _a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas , does by these presents make, constitute and appoint Angela P . Hyle, Mary Pierson, Florence McClellan , Shona D . Holmes, John A . Martinez or Jon Douglas Burnham _ of Houston, Texas its true and lawful Attorneys) m fact, with full power=and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all- bonds,recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed * * * * * Seventy-Five Million* * * * * Dollars (S * 75 ,000,000 . 00 * * ) and to bind the Company thereby as fully and to the same extent as if such bonds were signed b the President, sealed with the corporate seal of the Company and duly. gt?L Y firming!, all that the said Attorney-in-Fact may do in the premises-Said= appointment— attested by its Secretary, hereby ratifying and con is made under and by authority of the following resoluhogs of the Board of Directors of the U. S . Specialty Insurance Company - _ ' III, Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and-ia herehy_vested w�rlili full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions : Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other condi or obligatory undertakings and any and all notices and documents canceling or tenanting the I, Company' s liability thereunder, and any such instruments so executed_-by any such Attomey-m Fact shall be binding upon the Company as if signed by the President 14 It and sealed and effected by the Corporate -Secretary R RIA RL Be it Resolved that the signature of any authonzad=officer and seal of Company heretofore or hereafter affixed to any power of attomey, or any certificate relating thereto by facsimile, and any power of attorney certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company" with respect to any bond or undertaking to which it is attached. (Adopted by unanimous written consent in lieu of meeting on July 7, 2003 .) In Witness Whereof, U. S. SPECIALTY INSURANCE COMPANY has caused these presents to be signed by its Vice President, — _ and its -corporate seal to be hereto affixed this 12nd, da jof January, 2008 .It — — — III ''. ' �ilil � S I I ' IN Ilijll'III IIII Ili VIII I Il i I '��u Corporate Seal U.S . SPECIALTY INSURANCE C BONIPP�N�-- J. T Y (a to C 6p i' State of California County of Los Angeles ss : = am _ ice Presi P ' Vice Pres f I Ad S Pot! V .dl t 'll, I���IIIIII�I j�III'll,� I1111 it � � ���� , g ill ILII On this 2nd day of January, 2008 , iefore me, Deborah Reese, a IEEE notary public , • personally appeared Adam S . esstn; jli ident o U . S . Specialty Insurance Company, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his /her /their authorized capacity(ies) , and that by his/her/their signatures) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. ERE_ = =_ I Ir certify under PENALTY OF PERJURY under the lawsllof the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal . Comm ,:n 0 1726211 ,(/ 777 potory p,�bN0 - CoilforMo �/ ! /17 c/1 �Gci _ (Seal) Lot Mvolo. County Signature _ — _ f U -S SPECIALTY INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; furthermore , the I , Jeannie Kim, Assistant Secretary o resolutions of the Board of Directors, set tin the Power of Attorney are in full force and effect. In Witness . Whereof, I have her. `"'Aid andl affixed the seal of said Company at Los Angeles , California this day _ yNl II I r i ;, / lip Iib lilll lh itij = _ -- \ I�h II `I ASrc h Ill irll $ IIIiJ !I III — of ) - — -_ or Corporate Seal " Y�" 'r ✓ j' r ` s` .1° ^ < < '� ' 7`' to �Z �. �r G*��s�/"P� .w•. : Jeannie Kim, Assistant Secretary ter ndNo . 10 % � / it���� s • 00831792 hlty jt { t , • Agency No . 16413 To inquire about this bond, please write to us at surety-bond-inquiry@hcacom POAl1lA01 0E POWER OF ATTORNEY - __ - (To be used with bonds issued on behalf of U. S . SPECIALTY INSURANCE COMPANY) ( Know All Men by These Presents That, U.S. SPECIALTY INSURANCE COMPANY (the 'Company"); _a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas , does by these presents make, constitute and appoint Angela P . Hyle, Mary Pierson, Florence McClellan , Shona D . Holmes, John A . Martinez or Jon Douglas Burnham _ of Houston, Texas its true and lawful Attorneys) m fact, with full power=and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all- bonds,recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed * * * * * Seventy-Five Million* * * * * Dollars (S * 75 ,000,000 . 00 * * ) and to bind the Company thereby as fully and to the same extent as if such bonds were signed b the President, sealed with the corporate seal of the Company and duly. gt?L Y firming!, all that the said Attorney-in-Fact may do in the premises-Said= appointment— attested by its Secretary, hereby ratifying and con is made under and by authority of the following resoluhogs of the Board of Directors of the U. S . Specialty Insurance Company - _ ' III, Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and-ia herehy_vested w�rlili full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions : Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other condi or obligatory undertakings and any and all notices and documents canceling or tenanting the I, Company' s liability thereunder, and any such instruments so executed_-by any such Attomey-m Fact shall be binding upon the Company as if signed by the President 14 It and sealed and effected by the Corporate -Secretary R RIA RL Be it Resolved that the signature of any authonzad=officer and seal of Company heretofore or hereafter affixed to any power of attomey, or any certificate relating thereto by facsimile, and any power of attorney certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company" with respect to any bond or undertaking to which it is attached. (Adopted by unanimous written consent in lieu of meeting on July 7, 2003 .) In Witness Whereof, U. S. SPECIALTY INSURANCE COMPANY has caused these presents to be signed by its Vice President, — _ and its -corporate seal to be hereto affixed this 12nd, da jof January, 2008 .It — — — III ''. ' �ilil � S I I ' IN Ilijll'III IIII Ili VIII I Il i I '��u Corporate Seal U.S . SPECIALTY INSURANCE C BONIPP�N�-- J. T Y (a to C 6p i' State of California County of Los Angeles ss : = am _ ice Presi P ' Vice Pres f I Ad S Pot! V .dl t 'll, I���IIIIII�I j�III'll,� I1111 it � � ���� , g ill ILII On this 2nd day of January, 2008 , iefore me, Deborah Reese, a IEEE notary public , • personally appeared Adam S . esstn; jli ident o U . S . Specialty Insurance Company, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his /her /their authorized capacity(ies) , and that by his/her/their signatures) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. ERE_ = =_ I Ir certify under PENALTY OF PERJURY under the lawsllof the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal . Comm ,:n 0 1726211 ,(/ 777 potory p,�bN0 - CoilforMo �/ ! /17 c/1 �Gci _ (Seal) Lot Mvolo. County Signature _ — _ f U -S SPECIALTY INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; furthermore , the I , Jeannie Kim, Assistant Secretary o resolutions of the Board of Directors, set tin the Power of Attorney are in full force and effect. In Witness . Whereof, I have her. `"'Aid andl affixed the seal of said Company at Los Angeles , California this day _ yNl II I r i ;, / lip Iib lilll lh itij = _ -- \ I�h II `I ASrc h Ill irll $ IIIiJ !I III — of ) - — -_ or Corporate Seal " Y�" 'r ✓ j' r ` s` .1° ^ < < '� ' 7`' to �Z �. �r G*��s�/"P� .w•. : Jeannie Kim, Assistant Secretary ter ndNo . 10 % � / it���� s • 00831792 hlty jt { t , • Agency No . 16413 To inquire about this bond, please write to us at surety-bond-inquiry@hcacom POAl1lA01 0E Z= 6 - Q AIJI, sit 4;Z0 60 INDIAN RIVER COUNTY � dIt t WINi , , g qq p +yUif k ', Of BOARD OF COUNTY COV M I SS INERS epartment of Utility Services OPERATIONS OF THE INDIAN RIVER COUNTY BIOSOLIDS DEWATERING FACILITY , SLUDGE DEWATERING AND MAULING Indian River County Bid No : 201. 0029 Synagro South , LLC 1002 Village Square , Suite C Tomball , TX 77375