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HomeMy WebLinkAbout2008-383CONTRACT DOCUMENTS • ND SPECIFICATIONS FOI EGRET MARSH STORMWATER .R '►. PROJECT NO. 0430 - BID NO. 2008076 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSIONER WESLEY S. DAVIS, CHAIRMAN COMMISSIONER JOSEPH E. FLESCHER, VICE-CHAIRMAN COMMISSIONER GARY C. WHEELER COMMISSIONER PETER D. O'BRYAN COMMISSIONER BOB SOLARI JOSEPH A. BAIRD, COUNTY ADMINISTRATOR JEFFREY K. BARTON, CLERK OF COURT WILLIAM G. COLLINS II, COUNTY ATTORNEY W. KEITH McCULLY, P.E., STORMWATER ENGINEER The ENGINEERS noted in Section 00011 have prepared the Technical Specifications herein for Indian River County Public Works Department. I Last Revised 08/2008 00001-1 �. FAPublic Works\KeithM\Stormwater Projects\Egret Marsh Construction\Conformed Contract Documents\00001 - Project Title Page Egret Marsh.doc TABLE OF CONTENTS EGRET MARSH STORMWATER PARK Section Title DIVISION 0 -_BIDDING DOCUMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00001 Title Page 00010 Table of Contents 00011 Sections Prepared By 00012 ADDENDUMS BIDDING DOCUMENTS 00310 EXECUTED Bid Form a 00452 EXECUTED Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships 00454 EXECUTED Sworn Statement under the Florida Trench Safety Act 00456 EXECUTED Qualifications Questionnaire 00458 List of Subcontractors 00459 EXECUTED Bidder's Affidavit Regarding State of Florida Certified Erosion n and Sediment Control Inspector CONTRACT FORMS 00520 EXECUTED Agreement 00550 EXECUTED Notice -to -Proceed 00610 COPY OF RECORDED Performance Bond 00612 COPY OF RECORDED Payment Bond 00621 Certificates of Insurances 00622 Contractor's Application for Payment 00632 Contractor's Final Certification of the Work 00634 Professional Surveyor and Mapper's Certification as to the Elevations and Locations of the Work 00640 EXECUTED Certification Regarding Debarments, Suspensions, Ineligibility, and Voluntary Exclusion — Lower Tier Federally Funded - Transactions 00642 EXECUTED Release of Claims by Contractor on EPA Subagreement 00644 Disclosure of Lobbying Activities - 00650 Documentation Submitted by the Contractor Prior to Notice of Award CONDITIONS OF THE CONTRACT 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions Last Revised 8/2008 00010-1 Egret Marsh FAPublic Works\KeithM\Stormwater Projects\Egret Marsh Construction\Conformed Contract Documents\00010 - Table of Contents Egret Marsh.doc t aTECHNICAL SPECIFICATIONS Section DIVISION 1 - GENERAL REQUIREMENTS 01009 Special Provisions 01010 Summary of Work D 01013 Indian River Farms Water Control District Operations During Construction 01025 Measurement and Payment 01026 Schedule of Values 01040 Project Coordination 01045 Cutting and Patching 01050 Field Engineering 01091 Reference Standards 01092 Abbreviations and Symbols. 01210 Pre -Construction Conference (� 01215 General Quality Control l�l 01220 Progress Meetings 01310 Construction Schedule (� 01330 Required Submittals U 01340 Submittal of Shop Drawings, Product Data, and Samples 01342 Installation Data 01380 Construction Photographs 01410 Testing Laboratory Services 01520 Construction Facilities and Temporary Controls 01541 Protection.of the Work and Property 01542 Operations in Roadway Rights -of -Way 01543 Maintenance and Protection of Traffic 01550 Access Roads and Parking Areas 01590 Engineer's and Contractor's Field Office 01610 Transportation and Handling of Material and Equipment a 01611 Storage of Material and Equipment 01620 Installation of Equipment Q 01630 Substitutes and "Or -Equals" 01655 Starting and Placing Equipment in Operation 01660 Field Tests of Equipment 01710 Site Cleanup and Restoration 01720 Record Drawings 01730 Operation and Maintenance Data 01750 Spare Parts and Maintenance Materials 01810 Project Closeout 01820 Warranty Inspection F1 01830 Bonds and Equipment Warranties Last Revised 8/2008 00010-2 Egret Marsh FAPublic Works\KeithM\Stormwater Projects\Egret Marsh Construction\Conformed Contract Documents\00010 - Table of Contents Egret Marsh.doc e Section DIVISION 2 - SITE WORK 02050 Site Preparation 02220 Excavation and Backfill 02225 Erosion Control & Treatment of Dewatering Water and Stormwater From the Construction Site 02230 Grading 02232 Grassing by Hydro -Seeding 02234 Seeding and Mulching 02236 Sodding 02240 Landscaping and Wetland Planting 02382 Articulating Concrete Block (ACB) Revetment System 02440 Concrete Driveways, Curbs, Slabs on Grade, and Sidewalks 02457 Prestressed Concrete Piles 02464 Metal Sheet. Piling 02510 Stabilized Subgrade 02514 Base Course 02518 Prime gnd Tack Coats for Base Course 02520 Asphaltic Concrete Pavement 02532 Traffic Signs 02534 Utility Conduits 02536 Pavement Markings 02550 Drainage Pipe 02552 Installation of Drainage Pipe 02560 Drainage Structures 02562 Rubble Riprap 02570 Fencing 02745 High Density Polyethylene Embed Channel 02750 High Density Polyethylene Geomembrane Liner Section DIVISION 03 — CONCRETE 03100 Concrete Formwork 03150 Concrete Joints and Accessories 03200 Concrete Reinforcement 03300 Cast- In- Place Concrete 03350 Concrete Finishes Section DIVISION 05 — METALS 05500 Miscellaneous Metals Section DIVISION 11— EQUIPMENT 11292 Floating. Boom 11312 Submersible Pumping Station Last Revised 8/2008 00010-3 Egret Marsh F:\Public Works\KeithM\Stormwater Projects\Egret Marsh Construction\Conformed Contract Documents\00010 - Table of Contents Egret Marsh.doc u 0 0 0 Section DIVISION 13 — SPECIAL CONSTRUCTION 13120 Prefabricated Concrete Buildings n 13600 Process and Instrumentation Control System Section DIVISION 15 — MECHANICAL 15050 Trash Rake and Bar Screen Assembly at the Lateral D Canal Pumping Station 15051 Buried Piping Installation for Pressure Mains 15052 Exposed Piping Installation 15053 Testing of Piping 15054 Harvest Screen and Bar Screen Assembly at the ATS Site 15056 Ductile Iron Pipe 15057 Buried Pipe Installation for Drainage Pipe 15060 Horizontal Directional Drilling 15100 Valves and Appurtenances 15110 FRP Slide Gates 15121 Wall Pipes, Floor Pipes and Pipe Sleeves 15180 Stop Logs, Guides, and Lifter 15650 Algal Turf Scrubber Section DIVISION 16 - ELECTRICAL 16050 Electrical — General Provisions 16108 Miscellaneous Equipment 16110 Raceways and Fittings 16120 Wires and Cables 16150 Motors 16450 Grounding System 16500 Lighting System APPENDICES Q APPENDIX A — PERMITS 1. SJRWMD Permit No. 4-061-107400-1 2. U.S. Army Corps of Engineers Permit No. SAJ-2006-6164 (SP -TSD) 3. Indian River Farms Water Control District Permits a. Application for Utility Construction: Permit No. U-08-19 b. Application for Connection to or Use of District Facilities: Permit No. 08-28 C. Application for Connection to or Use of District Facilities: Permit No. 08-29 4. Indian River County Site Plan Approval 5. Indian River County Type B Stormwater Permit Li APPENDIX B — CHAPTER 4, "BEST MANAGEMENT PRACTICES FOR EROSION AND SEDIMENTATION CONTROL" OF THE FLORIDA EROSION AND SEDIMENT n CONTROL INSPECTOR'S MANUAL (CD Copy) �J Last Revised 8/2008 00010-4 Egret Marsh FAPublic Works\KeithM\Stormwater Projects\Egret Marsh Construction\Conformed Contract Documents\00010 - Table of Contents D Egret Marsh.doc t C APPENDIX C — COPY OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AGREEMENT NO. G0143 (SECTION 319 GRANT CONTRACT) APPENDIX D — COPY OF STATE FINANCIAL ASSISTANCE AGREEMENT, INDIAN RIVER COUNTY, DEP AGREEMENT NO. LP6734 DRAWINGS Sheet Description 0 Cover Civil and Mechanical Drawings C1 Eastern Paving Layout and Miscellaneous Information C2 Western paving Layout and Miscellaneous Information C3 Eastern Grading, Drainage, and Civil Plan C4 Western Grading, Drainage, and Civil Plan C5 Directional Drill — Stormwater Force Main C6 Drainage Structure Details C7 Miscellaneous Details C8 Discharge Connections to the Lateral C Canal C9 Pond Cross Sections C10 Littoral Zones and Tree Protection C11 Final Polishing Pond Simplex Submersible Pump Station O C12 Lateral D Canal Stabilization Plan & Details C13 Lateral D Canal Pump Station Plan & Details C14 Articulated Concrete Block Details and Influent Structure Sections a C15 Lateral D Canal Simplex Submersible Pump Station C16 Directional Drill Force Main Plan and Profile Station 0+00 to 5+53 C17 Directional Drill Force Main Plan and Profile Station 5+53 to 7+00 0 C18 Easterly Landscaping Plan C19 Westerly Landscaping plan C20 Dumpster Enclosure Details Structural Drawings for Lateral `D' Canal Pump Station sic Drawing Index, Abbreviations and General Notes S2C Pump Station D Foundation Plan S3C Pump Station D Upper Plan S4C Pump Station D Structural Sections S5C Pump Station D Structural Sections S6C Structural Details D Last Revised 8/2008 00010-5 Egret Marsh FAPublic Works\KeithM\Stormwater Projects\Egret Marsh Construction\Conformed Contract Documents\00010 - Table of Contents a Egret Marsh.doc 0 aDRAWINGS CONTINUED a Sheet Algal Turf Scrubber Desc System Drawings C -1A General ATS Information C -2A ATS Plan and Sections C -3A C -4A ATS Headworks Plan, Details, and Sections C5 -A ATS Headworks Details and Sections ATS distribution Manifold C -6A ATS Distribution Laterals C -7A -8A ATS Effluent Works Plan and Effluent Flume Profile ATS DC Effluent Flume Sections C -9A Harvest and Effluent Distribution Box C-1 OA Effluent Details C-1 1A ATS Liner Plan and Details C -12A Miscellaneous Details Algal Turf Scrubber System Structural Drawings S1A S2A Drawing Index, Abbreviations, and General Notes ATS Influent Structures S3A — Foundation Plan ATS Influent Structures — Upper QS4A S5A ATS Influent Structures — Structural Sections S6A ATS Influent Structures — Structural Sections S7A Harvest and Flow Distribution — Foundation Plan S8A Harvest and Flow Distribution — Upper S9A Harvest and Flow Distribution — Structural Sections S10A Harvest and Flow Distribution - Structural Sections S11A Harvest and Flow Distribution - Structural Sections Structural Details Electrical Drawings OE-01 E-02 Electrical Notes Symbols and Abbreviations Electrical Site Plan -1 E-03 E-04 Electrical Site Plan -2 Electrical Site Plan -4 E-05 Single Line diagram E-06 E-07 Polishing Pond Starter Control Panel Details E-08 Lateral D Canal Pump Station Single Line diagram E-09 ATS Headworks Electrical Plan View E-10 Lateral D Canal Pump Station Electrical Plan view ATS E-11 Effluent Structure Electrical Plan view D E-12 Final Polishing Pond Pump Station Electrical Plan view Lighting fixture Details E-13 Panel Schedules E-14 Electrical Details E-15 Electrical Details Last Revised 8/2008 00010-6 FAPublic WorlsIKeithM\Stormwater Projects\Egret Marsh Construction\Conformed Contract Docurnents\00010Egret T blerof of D Egret Marsh.doc s Survey and Topographic Drawings 1 of 8 Cover Sheet, Index, Location Maps 2 of 8 Legal Descriptions, Notes, Legend 3 of 8 Boundary Survey & Survey Control 4 of 8 Aerial Overlay & Aerial Target Control 5 of 8 Overall Topographic Map and Sheet Index 6 of 8 Topographic Survey 7 of 8 Topographic Survey 8 of 8 Topographic Survey + + END OF TABLE OF CONTENTS + + Last Revised 8/2008 00010-7 Egret Marsh F:\Public Works\KeithM\Stormwater Projects\Egret Marsh Construction\Conformed Contract Documents\00010 - Table of Contents Egret Marsh.doc I SECTION 00011 — Sections Prepared By CONTRACT DOCUMENTS AND SPECIFICATIONS FOR EGRET MARSH STORMWATER PARK PROJECT NO. 0430- BID NO. 2008076 The undersigned engineers have prepared the Corresponding Technical Specifications of the above project for Indian River County Public Works Department. AS TO SECTIONS: Division 2 except Sections 02745 and 02750 Sections 09900 D 11292 11312 13120 15050 15051 15052 15053 15056 15057 15060 5100 51121, and 15180 AS TO SECTIONS: 15650. 15110 and 15054 AS TO SECTIONS: Division 16 and Section 13600 William Keith McCully, P.E. Date Florida P.E. Number 32007 NAME, Allen Stewart Ili, P.E. Date Florida P.E. Number 23577 Stephen E. Bailey, P.E. Date Florida P.E. Number 42461 AS TO SECTIONS: Division 3 and Section 05500 Roger A. Barth, P.E. Date Florida P.E. Number 32182 AS TO SECTIONS: 02745 and 02750 Kwasi Badu-Tweneboah PhD, PE Date Florida P.E. Number 42460 D+ + END OF SECTION + + Last Revised 0812008 00011-1 o F:\Public Works\Cliff Suthard\1 A A Egret Marsh Redesign Contract Documents Technical Specifications\Div 0\Final and Printed\00011 - Sections Prepared By Egret Marsh.doc SECTION 00012 - ADDENDUMS This Section contains Addendums 1 through 5, inclusive. In some instances, individual addendum items have revised parts of the Contract Documents. Where possible, these revisions have been inserted in the appropriate locations within the Contract Documents. For instance, Addendum No. 1 included a revised Section 16108 — Miscellaneous Equipment. Revised Section 16108 has been inserted in its appropriate location in the Technical Specifications. * * ATTACHMENTS FOLLOW * * Last Revised 11/21/2008 00012-1 Egret Marsh FAPublic Works\KeithM\Stormwater Projects\Egret Marsh Construction\Conformed Contrapt Documents\00012 - Addendums.doc 1 INDIAN RIVER COUNTY Public Works Department Stormwater Division 4375 43rd Avenue, Unit 102, Vero Beach, Florida 32967 Telephone; (772) 226-3478 FAX. (772) 226-3481 Li ADDENDUM NO. 1 TO THE CONTRACT DOCUMENTS FOR EGRET MARSH STORMWA TER PARK INDIAN RIVER COUNTY PROJECT NO. 0430 INDIAN RIVER COUNTY BID NO. 2008076 September 29, 2008 t TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED: This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements or the Contract Documents. Therefore, it hereby supercedes anything to the contrary in the Bidding Requirements or Contract Documents. This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents. *•***�********** This Addendum M_ be returned with your Bid ****•*•••**•••** This Addendum DOES NOT Extend the Bid Date Company Name:_ -%ll. �a� y��, JC Name: Mr(-kAZ-(-- Title: w (Type / Printed) Authorized Signature: Date: � z �& Telephone: _77Z - YZ�-�� Z U Fax: %-7 Z - VZ � -14 Z ,pr ************************************ R\Public Works\KeithM\Stormwater Projects\Egret Marsh - REVISEDIB d Docu entts\Add nm dusWddendum #1WddenndRE#1 MARSH- 30-2008.doc 1 Item No. 1 — Requirements for Release of Indian River County Site Plan 0 In order for Indian River County to release the site plan for the project, the CONTRACTOR shall submit the following to the Stormwater Division for transmittal to Community Development: 1. A copy of the Florida Department of Environmental Protection (FDEP) Notice of Intent (NOI) acknowledgment letter indicating the effective date of coverage and the project identification number. (The Contractor shall obtain the NOI.) 2. A copy of the approved Stormwater Pollution Prevention Plan (SWPPP) prepared by the Contractor. 3. A completed "Permittee's Affidavit Regarding Pollution Leaving the Construction Site" (copy attached herein). Item No. 2 — One Hundred Percent Electrical Specifications Remove the following Electrical Specifications from the original bid package and replace p them with the Electrical Specifications included herein: Electrical Specification Sections 13600, 16050, 16108, 16110, 16120, 16150, (� 16450, and 16500. I Item No. 3 — One Hundred Percent Electrical Drawings Remove the following Electrical Drawings from the original bid package and replace them with the Electrical Drawings dated September 10, 2008, included herein: Electrical Drawings E-01, E-02, E-03, E-04, E-05, E-06, E-07, E-08, E-09, E-10, E-11, E-12, E-13, E-14, and E-15. Item No. 4 — Indian River County Type B Stormwater Management System Permit Attached, is the approved Indian River County Type B Stormwater Management System Permit No. 2006100156-62049 for the Egret Marsh Stormwater Treatment Facility. Please insert this permit into Appendix A and comply with all requirements included therein. Item No. 5 — Bahia Sod Strip Next to Asphalt Pavement A 4 -foot wide Bahia sod strip shall be laid adjacent to the edge of all asphalt pavement except where the pavement is abutting a structure or concrete. Item No 6 — Approval of Construction of the Algal Turf Scrubber (ATS) System HydroMen tia, Inc. shall review for approval, all shop drawings related to its Algal Turf Scrubber system. The Contractor shall provide Indian River County with copies of all shop drawings reviewed by HydroMentia, Inc. HydorMentia, Inc. shall also approve in writing, all construction of its Algal Turf Scrubber System, including but not limited to all test results. The Contractor shall provide Indian River County with copies of all said Addendum No. 1 - 2 EGRET MARSH FAPublic Works\KeithM\Stormwater Projects\Egret Marsh - REVISED\Bid DocumentS\Addendums\Addendum #1\Addendum #1 - 9- 30-2008.doc t approvals. The County will not pay for any work related to the Algal Turf Scrubber shall system that has not been approved in writing by HydroMentia, Inc. The Contra include the costs for said HydroMentia, Inc.'s reviews and approvals in the appropriate n item in the Bid Form. Item No. 7 — General Information and Questions From the Pre -Bid Meeting Held September 25, 2008 Before taking questions at the Pre -Bid Meeting, Keith McCully, P.E. stressed the tight schedule for awarding the project. Construction must begin before the end of December 2008 or the project will be canceled. The following information was contained in a handout given to attendees: 1. Opinion of Probable Construction Cost: $6 million 2. Bid Opening: Wednesday, October 15, 2008 at 2:00 PM 3. Anticipated Award Date: November 5, 2008 a4. Pre -Construction Meeting: November 18, 2008 5. Anticipated Notice to Proceed Date: November 25, 2008 Submit all questions in writing to: Keith McCully, P.E. Stormwater Division Indian River County Public Works Department 4375 43rd Avenue, Unit 102 Vero Beach, Florida 32967 FAX: (772) 226-3481 kmc,ullv@irc,00v.com Indian River County is securing a construction easement along the north right-of-way of the Lateral D Canal as shown on the Construction Drawings. n Pertinent questions or topics from the Pre -Bid Meeting follow. a. Q: What is an Algal Turf Scrubber (ATS) system? A: It is a sloped, compacted flow way, approximately four acres in size. It has to be firmly compacted and level, accurately constructed to contract specifications. A 40 - mil geomembrane is placed over the compacted surface. A grid is placed on top of the geomembrane and water is flowed from one end of the grid surface to the other end in a very shallow laminar fashion. On either end are cast -in-place concrete structures that are used to receive, intercept, and distribute the flows and process harvested algae. The flat flow way is used to grow algae which in turn removes nutrients from the water. b. Q: Is HydroMentia, Inc. the only firm that can provide the ATS system? A: Yes. c. Q: Who will pay the power company the fee to get the power out to the pump station and to the site? LJ FAPubfic Works\KeithM\Stormwater Projects\Egret Marsh- REVISE dendum No. 1 - 3 EGRET MARSH 30 2008.doc DOd Documents\Addendums\Addendum #1\Addendum #1 - 9- 1 1 A: Indian River County will pay the Florida Power & Light fee to provide electric D service to the Lateral D Canal Pump Station site and to the Egret Marsh Stormwater Park site. The Contractor shall schedule all electric service with FP&L and make all (1 applications for electrical service. d. Q: Will the Contractor have to pay for any permits? A: The County has obtained (or will obtain) the following permits: 1. SJRWMD Permit No. 4-061-107400-1 2. U.S. Army Corps of Engineers Permit No. SAJ-2006-6164 (SP -TSD) 3. Indian River Farms Water Control District Permits (This permit should be issued in Addendum No. 2 shortly.) 4. Indian River County Site Plan. Approval 5. Indian River County Type B Stormwater Management System Permit No. 2006100156-62049 The Contractor shall obtain and pay for all other required permits. Indian River County will pay any impact fees associated with permits. e. Q: Is a Building Permit required? A: The County Building Department will require building permits for the three prefabricated buildings (restroom building, influent monitoring building, and effluent monitoring building) and it will also require electrical permits for all site electric, including the offsite pumping station at the Lateral D Canal. The Contractor shall apply for, pay for, and obtain all required permits from the Building Department. f. Q: Who pays for soil testing? A: Per Section 01410 —Testing Laboratory Services, the Contractor shall pay for all soil testing. g. Q.- Is burning of trees or cleared debris allowed at the site? A: No. h. Q: Are AutoCAD files available to bidders? A: Certain civil and mechanical drawings will be made available to bidders in AutoCAD LT 2006 format if a written request for the files is submitted. PDF files of any sheet may be obtained if a written request for the files is submitted. Submit requests to Luanne Marino at Indian River County Public Works, 1801 27th Street, Building A, Vero Beach, FL 32960, Lmarino@ircqov.com. i. Q: Is the County considering any escalation cost? A: No. j. Clarification of completion dates and liquidated damages: (1) Completion Dates: (a) Substantial Completion: Substantial Completion shall be on or before the a 270th calendar day after the date when the Contract Time commences to run. (b) Ninety Day Startup, Supervisory, and Operational Train b -CL Period: Beginning Addendum No. 1 - 4 EGRET MARSH R\Public Works\KeithM\Stormwater Projects\Egret Marsh - REVISED\Bid Documents\AddendumsWddendum #1\Addendum #1 - 9- 30-2008.doc 1 aon the Substantial Completion date is a ninety day startup, supervisory, and operational training period to be provided by HydroMentia, Inc. and paid for through Construction Contract Bid Item No. a 2.01.12. (c) Final Completion of Construction: Also beginning on the date of Substantial Completion is a thirty day period in which the Contractor shall (1) complete all remaining project construction and final punchlist items; and(2 ) perform a thirty day ATS hydraulic and mechanical operation, paid under Bid Item No 2.01.11. The end of this thirty day period is referred to "Final as Completion of Construction." After Final Completion of Construction is achieved, staff will recommend that the Board of County Commissioners release all remaining construction retainage except for any retainage related to the ninety day supervisory, and operational training pay item. Dstartup, (2) Liquidated Damages: The Contractor shall reimburse Indian River County $500 for each calendar day that expires after the time specified for Substantial Completion and $200 for each calendar day that expires after the time specified for Final Completion of Construction. Delete paragraphs 4.02 and 4.03 of Section 00520 and replace them with the following paragraphs 4.02 and 4.03: 4.02 Days to Achieve Substantial Completion and Final Completion of Construction (� A. The Work will be substantially completed on or before the 270th calendar LJ day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions (and Supplementary Conditions if applicable), and completed and ready for payment of Final Completion of Construction (except for Bid Item No. 2.01.12) in accordance with paragraph 14.07 of the General Conditions (and Supplementary Conditions if applicable) on or O before the 300th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence for this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions (and Supplementary Conditions if applicable). The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $500.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete aF:\Publi Addendum No. 1 - 5ERE c Works\Keithwstormwater Projects\Egret Marsh - REVISED\Bid Documents\Addendums\Addendum #1\Adde dum # MARSH 30-2008.doc Q the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $200.00 for each calendar day that expires after the time specified in paragraph 4.02 for Final Completion of Construction until the Work is completed and ready for final payment. k. HydroMentia, Inc. will provide all contractors with the same price for HydroMentia supplied components. Q: Is there suitable soil for base material at the site under the ATS location? Do you have information of buried material at the site? A: Boring logs are available for bidder's inspection and they are located at Luanne Marino's workstation in the Public Works area. Ms. Marino's telephone number is (772) 226-1379 and the Public Works office physical address is 1801 27th Street, Building A, Vero Beach, FL 32960. Said borings are not a part of the contract documents. With respect to subsurface and physical conditions at the site, refer to the Article 4 of Section 00200 - Instructions to Bidders; Article 4 of Section 00700 - General Conditions; and paragraphs 4.02, 4.03, and 4.06 of Section 00800 - Supplementary Conditions. m. Part of the site was used to store vegetative debris from Hurricanes Frances and Jeanne in 2004. Most of the debris was ground up and hauled off but some was spread in the southeast corner of the site. n. Q: Can the bidders go onto the site and perform their own borings or exploratory test holes? A: Refer to paragraph 4.05 of Section 00200 - Instructions to Bidders. o. A variation of this project has been bid twice. The first bid received no response. Four bidders submitted bid packages for the second bid but all were rejected for various reasons. Copies of the bids may be obtained from Indian River County Purchasing Division. Contact Jerry Davis at 772-226-1418. The Purchasing Division's physical address is 1801 27th Street, Building B, Vero Beach, FL 32960. p. Q: During the five-year exotic maintenance period, can killed exotic vegetation be left on the site, or must the exotic vegetation be physically removed from the site? A: Exotics may be destroyed by spraying with an approved herbicide or hand removed (i.e. pulled out of the ground by hand) and allowed to die in-place. The dead exotics do not have to be physically removed from the site. Delete the third sentence in paragraph 3.6 of Section 02240 — Landscaping and Wetland Planting and replace it with the following sentence: Remeve Kill all exotics #gem at the Egret Marsh Site using methods approved by both the OWNER and St. Johns River Water Management District (SJRWMD) Addendum No. 1 - 6 EGRET MARSH O R\Public Works\KeithM\Stormwater Projects\Egret Marsh - REVISED\Bid Doc uments\Addendums\Addendum #1\Addendum #1 - 9- 30-2008.doc 0 1 a (i.e. hand remove or lightly spray with SJRWMD approved herbicides) and keep the areas free of exotics. Oq. The County will not answer questions about this project after October 6, 2008. r HydroMentia, Inc. will prepare a cost for its services and equipment and thcost (� should be available during the week of September 29, 2008. HydroMentia wil also �J try to provide an estimate of the weight of the materials it will supply. s. Hydromentia's website is http://www, hi/rirnmn-+ia.com/ t. Q: Is grading only at the A TS site? DA: The entire site shall be graded. Refer to the Construction Drawings. u. Q: Was the ATS designed to balance cut and fill? (� A: No v. For information regarding disposal of debris, refer to pay items in the Bid Form and also refer to Section 02220 - Excavation and Backfill. w. Q: Do the Survey and Topographic Drawings reflect all that is current on the site surface and can bidders use an excavator to explore the site? A: The eight Survey and Topographic Drawings in the bid documents contain the most current information available. Bidders are directed to Section 00200 - Instruction to Bidders, Article 4. X Q: Will the County direct purchase any materials or equipment? A: See Section 00200 - Instructions to Bidders Article 22 and Section 0 Form Articles 4.02 and 4.03. 0310 Bid U Y Q: Can the bid form be compressed to a lump sum and is th spread sheet? e bid form an excel A: The Bid Form is a Word document and all items must be submitted as specified in Section 00310. z: Q: Describe the flow of the project. A: Stormwater is pumped from the Lateral D Canal to the site headworks, distributed evenly over the ATS surface, collected at the harvest facility, discharged to the initial polishing pond, routed through the intermediate and final polishing ponds and the wood stork pond, and discharged to the Lateral C Canal. aa: Q: Does the Indian River Farms Water Control District have the right to reroute the flow? A: Yes. See Section 01013 - INDIAN RIVER FARMS WATER CONTROL DISTRICT OPERATIONS DURING CONSTRUCTION. F:\Public WorkslKefthM\Stormwater Projects\Egret Marsh REVIAddendurn No. 1 - 7 EGRET MARS 30-2008.doc SED\Bid DocumentslAddendums\Addendum #1\Addendum #1 - 9- H 0 C bb: Q: Why is bypass pumping not included in the contract? Q A: All Contractor operations are not listed in the Bid Form but must be included as necessary to properly construct the project. r-, cc: Q: What equipment is necessary for handling the ATS materials supplied by HydroMentia? A: This information will be provided by the subcontractor with its costs. Item No. 8 — Site Visit to HydroMentia's existing Taylor Creek Algal Turf Scrubber System Installation HydroMentia, Inc. will provide site tours of its Taylor Creek Algal Turf Scrubber system site on Friday, October 3, 2008 at 10:30 AM and Tuesday, October 7 at 10:30 AM. Tours will not be available on any other dates or times. All individuals need to contact the Ocala Corporate Office to confirm attendance and for directions. Please call 352- 237-6145 ext. 200. Article No. 9 — Pre -Bid Conference Sign -In Sheet A copy of the Pre -Bid Conference Sign -in Sheet is included herein. Item No. 10 —Clarification Regarding GeoSyntec Consultants Paragraph 27.05 of Section 00200 — Instructions to Bidders, incorrectly states that HydroMentia, Inc. will retain GeoSyntec Consultants as a subcontractor to provide quality assurance and construction quality control activities during construction of the Algal Turf Scrubber. Correction — The Contractor shall contract directly with GeoSyntec Consultants to provide said services. Article No. 11 - Attachments to this Addendum 1. "Permittee's Affidavit Regarding Pollution Leaving the Construction Site" 2. Indian River County Type B Stormwater Management System Permit No. 2006100156-62049 3. Revised Electrical Drawings (15 sheets) 4. Revised Electrical Specifications (8 specifications) 5. Pre -Bid Conference Sign -In Sheet. + + END OF ADDENDUM NO. 1 + + Addendum No. 1 - 8 EGRET MARSH FAPublic Works\KeithM\Stormwater Projects\Egret Marsh - REVISED\Bid Documents\Addendums\Addendum #1\Addendum #1 - 9- 30-2008.doc 0 - - -_ - 9 9 1 V %;P1 I This sworn statement is submitted to Indian River County for the followin ect: g P roj STATE OF COUNTY OF _s; _ Ly c , Personally before me tf�e�und rsigned authority, appeared administered, stated as follows: , who upon oath duly 1. This sworn91ement i�submi ed by the PERMOTTE_E, who �a u 7s'nesaddress is ,,address r ell applicable) its Fe d e ral Identification No.(FMN) is IC -7 and and (if 2. My name is Mrd qCL IJP [!ir��o,� entity named above isand my relationship to the (If signing as Owner's Agent, attach Letter of Authonzabon to sign from Owner) 3. Permittee understands and agrees that in addition to the Stormwater Man System Permit, it is responsible for complying with, the terms and conditionss of t following: of the a. The State of Florida Generic Permit for Stormwater Discharge From Lar and Small Construction Activities (for projects one acre or larger), ge b. The Stormwater Pollution Prevention Plan, C. The St. Johns River Water Management District permit, d• All other permits required for this project not specifically listed herein e• All Codes and Ordinances of Indian River County. ,and 4. Permittee understands that "pollution" as defined by Florida Statutes 403.031(7) means: "... the presence in the outdoor atmosphere or waters atof th of any substances, contaminants, noise, or manmade or human -induced impairmenta state air or waters or alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurio of to human health or welfare, animal or plant life, or property or which unreason injurious interfere with the enjoyment of life or property, including outdoor recreation ably authorized by applicable law." unless 5. Permittee understands that in addition to the definition set forth in Item 4 "pollution" is also defined by Florida Administrative Code 62-302.530 and s m further defined in the Indian River County permit, as may be 6. Permittee understands that there are civil and criminal penalties forollut' Florida Statutes Ch. 403.141 and Ch. 403.161 and that there are other enn listed t Last revised: June 6, 2006 penalties listed F:\Public Works\KefthM\Master FOrn1s\Permittee Affidavlt Regarding Pollution Leaving the Construction Site.doc in Indian River County's permits, including but not limited to, Indian River County issuing a Cease and Desist Order for the project. Permittee understands that it may be liable for these and other penalties if pollution occurs as a result of its activities associated D with the Project. Under penalty of perjury, Permittee declares that it has read the foregoing affidavit and the facts stated in it are true. FURTHER AFFIANT SAYETH NAUGHT Permittee: M1 Gl�tdl Authorized Signature: 11;q Co 0-e- / (If signing as Owner's Agent, attach Letter of Authorization to Sign from Owner) Printed Name: _/��� �dNS'/� J � I) Date: The foregoing instrument was subscribed and s Cc- -I We A , 206S by 101 (C' H/ -i &&- who is personally known to me or has produced identification and who did take oath. My Commission expires: Last revised: June 6, 2006 rn t before me this is day of P,1q C. Notary Public State of Florida at Large �` :"• � BRENDA 0. HOW * * MY COMMISSION # DD 627845 EXPIRES: January 13, 2011 ')'�oF W Bonded Tlxu Budget Notary services 2 FAPublic Works\KeithM\Master Forms\Permittee Affidavit Regarding Pollution Leaving the Construction Site.doc as a a. W W C �a � Hz O O z�CY) T cz OD ® z N z W, U LO W Cl) L L Lb W N a.0 CO W D LJ 0 r v v♦ ..y 1_ W VJ V T— CV CEJ Q U-) Qu 1_ W m O T T T T T T T T T T T N N it CL pIQ i o Lu ro eL IT iz x � r N r' 60 N La o 1rlr �l� q ��, cam" �� N V N `q *4CL ' VN a E v - r� Q . 7Z �( 6 S_ j MVV Q `h r v v♦ ..y 1_ W VJ V T— CV CEJ Q U-) Qu 1_ W m O T T T T T T T T T T T N N N M d' Ln CO i`- M M O r N M d" U) Cfl r, m O O r N m d' Lo N N N N N N N N m t'') M m m m m m M m d' d' "t d' d' d' 7 Q S � N M d' Ln CO i`- M M O r N M d" U) Cfl r, m O O r N m d' Lo N N N N N N N N m t'') M m m m m m M m d' d' "t d' d' d' L d L L `n, � \ LF Ul c�& N a toca �- �9 �M 1 r- Do 4 -w 3 N M d' Ln CO i`- M M O r N M d" U) Cfl r, m O O r N m d' Lo N N N N N N N N m t'') M m m m m m M m d' d' "t d' d' d' INDIAN/ RIVER COUNTY Public Works Department Te%phone: Storm water 43rd Avenue, 2 (772) 226-347,6 Vero F/orlda 32967 FAX: (772) 226-3487 ADDENDUM NO.2 TO THE CONTRACT DOCUMENTS ICOR EGRET MARSH STORMWATER PARK INDIAN RIVER COUNTY PROJECT NO. 0430 J INDIAN RIVER COUNTY BID NO. 2008076 October 6, 2008 TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED: This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements or the Contract Documents. Therefore, it hereby supersedes anything to the contrary in the Bidding Requirements or Contract Documents. This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents. j ............••.. This Addendum MUST LJ II be returned w Company Name: ith your Bid ,,,,,,,,,,,,,,,,,, 't �`� co r4 JG ��.v cc,_ (-� Name: �J Title: Q(Type / Printed) Autho:=Z Date: Telephone: Fax: `77 Z - V,?_— #:.Public WorkslKeithM.Stormwater ProjectslEgret Mash _ REVISED�Bid Documre ddendumsWddendum k2WddeGR a2.docx EGRET MARSH a Item No. 1 — Revised Bid Form Replace Section 00310 — Bid Form, with revised Section 00310 — Bid Form — Addendum No. 2, included herein. Item No. 2 — Responses to Written Questions Received From Plan Holders (1) Q: From experience, NTI believes that the positioning of the duck potato (c) and pickerelweed (b) should be reversed as the duck potato grows in deeper water and some species mature height is taller than that of the pickerelweed. It is quite possible that the duck potato will smother out the pickerelweed thereby causing survivability to be of great concern for the contractor. A: The positioning of the duck potato and the pickerelweed may be reversed as recommended by landscape professionals, in order to increase the plants' survivability and growth potential. (2) Q: Does the seed stock need to originate from the state of Florida or can it be an out-of-state source regarding the Wildflower and Native Grass Seed Mix? A: The seed stock must originate from the state of Florida. (3) Q: During the initial exotic removal portion of the project, what exotic and nuisance species must be removed offsite? Woodies (i.e. Brazilian pepper)? Can herbaceous weeds and grasses simply be killed in place to be more cost effective? A: All woodie" species must be removed from the site. The herbaceous weeds and grasses may be killed in place and left at the site. (4) Q: Although the plans and specifications don't reflect any RU' Liners in the lift station/structures; we just wanted to verify they will not be required. A: RU liners will not be required. Item No. 3 — Remove Existing Drainage Culvert and Fill Existing Ditch See revised Sheet C2, included herein. Item No. 4 — Addition of a 16' Wide Gate in the IRFWCD's Existing Fence See revised Sheet C2, included herein. Item No. 5 — Addition of a Shallow Drainage Swale, Catch Basin, and Drainage Culvert Between the Indian River Farms Water Control District's Southern Fence and the Wood Stork Habitat Area's Northern Perimeter Berm See revised Sheet C4, included herein. 0 0 a Addendum No. 2 - 2 EGRET MARSH F:\Public Works\KeithM\Stormwater Projects\Egret Marsh - REVISED\Bid Documents\AddendumsWddendum #2\Addendum O #2.docx Item No. 6 — Delete the Sediment Sump in the Lateral "D" Canal Pump Station Trash Rake Channel See revised Sheets C13 and C14, included herein. Item No. 7 — Construct a 12" Radius at the Entrance to the Lateral "D" Canal Pump Station Trash Rake Channel See revised Sheet C13, included herein. Item No. 8 — Relocate the Stop Log Guide in the Lateral "D" Canal Pum Station Trash Rake Channel p See revised Sheets C13 and C14, included herein. Item No. 8 — Correction to Specification Section 15100 In Section 15100, delete paragraph 2.01.B.6.p on page 15100-5 and replace it with the following new paragraph: p. The 16" " valves in the pumping station valve boxes shall be handwheel gear actuated. The two 24" valves at the final polishing pond shall be gear actuated, extended stem, with indicated floor stand on concrete slab on grade. Item No. 9 — Indian River Farms Water Control District Permits Attached, are the following approved permit applications (with general and special conditions) from Indian River Farms Water Control District for all work within its canal rights-of-way and property: (1) Application for Connection to or use of District Facilities (for Lateral D Canal Pump Station) (2) Application for Utility Construction Permit (for stormwater force main) (3) Application for. Connection to or use of District Facilities (for stormwater park discharge into the Lateral C Canal). The Contractor shall strictly comply with all permit conditions. Please insert the permits into Appendix A of the bidding and contract documents. Item No. 10 — Val -Matic Val -Matic is an acceptable manufacturer for the plug valves and air valves specified in Section 15100. F:\Public w Addendum No. 2 - 3 orks\KeithM\Stormwater ProjectsTgret Marsh - REVISED\Bid DoCUments\AddendUms\Addendum #2\Adde dum MARSH #2.docx Item No. 11 — Golden Harvest Golden Harvest, Inc. is an acceptable manufacturer for aluminum stop logs. Item No. 12 - Attachments to this Addendum 1. Revised Section 00310 — Bid Form — Addendum No. 2 2. Indian River Farms Water Control District Permits a. Application for Connection to or use of District Facilities (for Lateral D Canal Pump Station) b. Application for Utility Construction Permit (for stormwater force main) c. Application for Connection to or use of District Facilities (for stormwater park discharge into the Lateral C Canal). 3. Revised Sheet C2 4. Revised Sheet C4 5. Revised Sheet C13 6. Revised Sheet C14 + + END OF ADDENDUM NO. 2 + +. Addendum No. 2 - 4 EGRET MARSH F:\Public Works\KeithM\Stormwater Projects\Egret Marsh - REVISED\Bid Documents\Addendums\Addendum #2\Addendum #2.docx J 7 O INDIAN RIVER COUNTY Public Works Department Stormwa ter Division j� 4375 43rd Avenue, Unit 102, Vero Beach, Florida 32967 U Telephone: (772) 226-3478 FAX. (772) 226-3481 11, 1 ADDENDUM NO. 3 TO THE CONTRACT DOCUMENTS FOR EGRET MARSH STORMWA TER PARK INDIAN RIVER COUNTY PROJECT NO. 0430 INDIAN RIVER COUNTY BID NO. 2008076 October 8, 2008 TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED: This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements or the Contract Documents. Therefore, it hereby supercedes anything to the contrary in the Bidding Requirements or Contract Documents. This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents. **_****•••This Addendum MUST be returned with your Bid *••��.�.��.�.*.*;* Company Name: L �1 C.V Cc, - -7 -C- Name: 1141 c 144 c, (-7 o v-�-e Title: (Type / Printed) Authorized Signature: Date: /�/S��S Telephone: -2 7Z - VZ 1C-16 Z G Fax: -7-7z- VZ9 -1628 Addendum No. 3 - 1 EGRET MARSH R\Public WorksWeithM\Stormwater Projects\Egret Marsh - REVISED\Bid Docurnents\Addendums\Addendum #3\Addendum #3.docx 1 1 Item No. 1 — Revised Project Budget The project budget has been revised to deduct the Technology Fee for the patented Algal Turf Scrubber process. The revised project budget is $5,620,000. Item No. 2 — Algal Turf Scrubber Scope and Proposal Packages HydroMentia's scope and proposal package for its patented Algal Turf Scrubber process are available upon request. Contact HydroMentia, Inc. at 352-237-6145. Item No. 3 — Septic Tank and Drainfield Size aPer the Indian River Count Health Department, Ythe septic tank shall be at least 900 F-1 gallons and the drainfield shall be at least 200 square feet. Item No. 4 — Traffic Bearing Grates for Precast Structures Traffic bearing precast structure grates may be hot dipped galvanized steel. Item No. 5 — Removal of Exotics from Islands Prior to planting, the Contractor shall remove all exotics from the Wood Stork Island and from the island created between the Initial and Intermediate Polishing Ponds. + + END OF ADDENDUM NO. 3 + + t Addendum No. 3 - 2 EGRET MARSH L! F:\Public WorksWeithWStormwater Projects\Egret Marsh - REVISED\Bid Documents\Addendums\Addendum #3\Addendum #3.docx t INDIAN RIVER COUNTY Public Works Department Storm water Division 4375 43rd Avenue, Unit 102, Vero Beach, Florida 32967 Telephone: (772) 226-3478 FAX. (772) 226-3481 ADDENDUM NO. 4 TO THE CONTRACT DOCUMENTS FOR EGRET MARSH STORMWA TER PARK INDIAN RIVER COUNTY PROJECT NO. 0430 INDIAN RIVER COUNTY BID NO. 2008076 October 9, 2008 TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED: This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements or the Contract Documents. Therefore, it hereby supercedes anything to the contrary in the Bidding Requirements or Contract Documents, This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents. ----This Addendum MUST be returned with your Bid *�.**#.�i*•�*..** Company Name: �ri�-) CO Name: 1� I�C��f�L� IJ! C ,-?CG�Q Title: _ _ i fZ�S�G.✓� (Type / Printed) Authorized Signature: Date:/ SZj � s- Telephone: Fax: 777-- VZ 29 - Addendum No. 4 - 1 EGRET MARSH O FAPublic WorksWeithWStormwater Projects\Egret Marsh - REVISED\Bid Documents\Hddendums\Addendum #4\Addendum #4.docx 0 a` Item No. 1 — Contractor to Provide FRP Slide Gates Delete paragraph 1.1.A of Section 15110 — FRP Slide Gates, and replace it with amended paragraph 1.1.A., below. The Contractor shall furnish the FRP slide gates. HydroMentia will not furnish them. A. SCOPE OF WORK CONTRACTOR shall furnish and install six slide gates of FRP construction to be located and sized as noted on the Drawings, as manufactured by Plasti-Fab of Tualatin, Oregon. Gates shall be provided by manufacturer complete with operators, parts and appurtenances. Gates aFe ,: 1:311i.11 + + END OF ADDENDUM NO. 4 + + n I I F:\Public Works\KeithM\Stormwater Projects\Egret Marsh - REV SEDOd Documentts ddendumsWddendum #41Adde dum MARSH LLL��I #4.docx C INDIAN RIVER COUNTY Public Works Department Stormwater Division 4375 43rd Avenue, Unit 102, Vero Beach, Florida 32967 Telephone: (772) 226-3478 FAX. (772) 226-3481 ADDENDUM NO. 5 TO THE CONTRACT DOCUMENTS FOR EGRET MARSH STORMWA TER PARK INDIAN RIVER COUNTY PROJECT NO. 0430 INDIAN RIVER COUNTY BID NO. 2008076 October 9, 2008 TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED: This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements or the Contract Documents. Therefore, it hereby supercedes anything to the contrary in the Bidding Requirements or Contract Documents. This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents. •*••__•___ This Addendum MUST//be returned with your Bid *#--_.*_***••___ Company Name: %��� cot13-kl U Cor c N (f Name: 7-4ZZ51�"J Title: (Type / Printed) Authorized Signature: Date: C'g Telephone: -7'7,?- 5,7 �- /6'-Z C Fax:Z�-�(Z� Addendum No. 5 - 1 EGRET MARSH a FAPubUc Works\Kei WStormwater Projects\Egret Marsh - REVISED\Bid Documents\Addendums\Addendum #5\Addendum #5.docx O 0 a i - Item No. 1 — Bond Ratings All bond ratings shall be "A-" and Class "VII". + + END OF ADDENDUM NO.4 + + Addendum No. 5 - 2 EGRET MARSH F:\Public Works\KeithM\Storrnwater Projects\Egret Marsh - REVISED\Bid Documents\Addendums\Addendum #5\Hddendum #5.docx SECTION 00310 - BID FORM - ADDENDUM NO. 2 D PROJECT IDENTIFICATION: Project Name: Egret Marsh Stormwater Park County Project Number: 0430 Project Address: 7385 4th Street, Vero Beach, FL 32968 and adjacent to the IRFWCD Canal "D" at the intersection with Canal "C". Project Description: Construction of Stormwater Management Facilities, including Algal Turf Scrubber Stormwater Treatment Unit with Supporting Facilities, Site Works, Pumping Stations, Stormwater Force Main, Pond Construction, Landscaping, Temporary Irrigation, Site Paving, Grading and Drainage, and 30 day start-up operation period. THIS BID IS SUBMITTED TO: INDIAN RIVER COUNTY PURCHASING DIVISION 180027 1h Street (Building B) VERO BEACH, FLORIDA 32960 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with all other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged. Addendum Date Addendum Number Al G IS 4 � !6/y�6 3 B. Bidder has vi ited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Latest Rev. 9/29/2008 ADDENDUM NO. 2 - 00310 - 1 EGRET MARSH FAPubt'ic WorkS\KeIthM\Stonnwater Projects\Egret Marsh - REVISED\Bid Documents\Addendums\Addendum #2\00310 - Bid Form Egret Marsh - REVISED - ADDENDUM #2.doo 0 Facilities) which have been identified in the Supplementary Conditions a Paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which have been identified in the Supplementary Conditions s Provided in as provided in paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully studied (or assumes responsibility all additional or supplementary examinations, investigations, explorations, tests studies data concerning conditions (surface, subsurface and U for having done so) to the Site which may affect cost nderground Facilities) at or cot guous aspect of the means, methods, techniques, sequences, and performance f the rk or which relate to any employed by Bidder, including applying the specific means, methods, techniques se and procedures of construction expressly required b t Procedures of construction to be by Bidder, and safe Y he Bidding Documents to be employed safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations e studies, or data are necessary for the determination of this Bid for performance of th the price(s) bid and within the times and in accordance with the explorations, tests, the Bidding Documents. e Work at other terms and conditions of G. Bidder is aware of the general nature of work to be performed by OWNER an the Site that relates to the Work as indicated in the Bidding Documents. d others at H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the BiddingDocuments,nd all additional examinations, investigations, explorations, tests, studies, and datments, and Bidding Documents. a with the I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, discrepancies that Bidder has discovered in the Bidding Documents, and the writtenlu or thereof by ENGINEER's CONSULTANT is acceptable to Bidder. resolution J. The Bidding Documents are generally sufficient to indicate and convey understanding all terms and conditions for the performance of the Work for which this Bid is submitted. of 4.01 Bidder further represents that this Bid is genuine and not made i behalf of any undisclosed individual or entity and is not submitted in conformity agreement or rules of an n the interest of or on directly or indirectly induced oorusol cited Iany nother aBiddernto subor mit corporation; Bidder has not Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder t a false or sham Bid; has not sought by collusion to obtain for itself any advantage over any other Bidder ov OWNER. or over 4.02 The Bid Form includes columns for "Furnish" (sell and deliver), "Install" and "Tot applicable items. This segregation is intended to provide the OWNER an o ortu i al Cost" for directly purchase major equipment, structures, and material items, as specified i to Instructions to Bidders, Article 22. Within the furnish column shall be the actual cos equipment, structures and material items, to include taxes, transportation,P din the installation assistance as ais for major appropriate, necessary warranties, operatonal and maintenance information, spare parts as recommended by the manufacturer, and other costs which would be paid to the supplier for procurement and delivery of the item. Specifically, furnished included shall be limited to the following. All other construction services for that a uItems shall be listed in the "Installed" column: quiitems • Two (2) Flex -Rakes with controls Latest Rev. 08/08 gWorks\Cliff Suthard\1 A A Egret Marsh Rdt Egret Marsh.doc Redesign Contract Documents Technical Specifications\Dly 0\00310 - Bid Form Egret ■ Two (2) Prefabricated Concrete Buildings ■ One (1) Prefabricated Bathroom structure All other items are not so segregated, because their purchase is integral to the satisfactory completion of this Contract. Payment for direct purchase items will be as follows: 20% Upon Order, subsequent to shop drawing review and approval • 30% Upon manufacturer completion and satisfactory factory testing • 50% Upon delivery . 4.03 Should the OWNER elect to directly purchase any of the "furnished" items as listed in the Bid Form as items 2.02 through 2.06, then the cost of such items whose provision has been assumed by the OWNER shall be reflected within the contracted lump sum. [The Remainder of this Page Intentionally Left Blank] Latest Rev. 08/08 00310-3 FAPublic Works\Cliff Suthard\1 A A Egret Marsh Redesign Contract Documents Technical Specifications\Div 0\00310 - Bid Form Egret Marsh.doc No. 7.0 GENE 1.01 Mobltizal 1.02 Pertormai 1.03 Payment 1.04 Insurance 1.05 Demobiliz 1.06 Record Dr i .07 Process C Inciudin i A Suhtnta EM �A GRET MARSH STORM WATER PARK BID TABULATION FORM rvey Items 1.01 through 1. 01.1 All site construction except as provided in other bid items herein, including but not limited to clearing, grubbing, earthwork, grading, testing, stormwater management, pond construction and littoral zone plantings, site structures, site piping, valves, fittings, drainage, revetment and rip -rap, two precast monitoring buildings, one precast restroom building, equipment, concrete work, electrical, controls, fencing andgates, supply well, septic tank and drainfield system, together with miscellaneous related sundry items, all complete in-place and ready for continuous oeration. 1 LS `= AMOUNT /ZCL5 s 4 LS Areas including testing, subgrade stabilization, oco 1 LS y5 000 _ ar Y 000.� 1 LS , ,0- 1 LS 75, ocr, - - 75 Gro - �= 1 LS ZG ZG o — a 1 LS 7Z off- �c 7Z 000 . 1 LS /.000 o' o of �xt.stpt ars�'Y's�s° tT�k�z?ythaz Ki:: n. .�/Z. �• o� with miscellaneous related sundry items, all complete in-place and ready for continuous oeration. 1 LS `= /ZCL5 2.01.2- Type SP -9.5 Asphalt Roadway and Parking Areas including testing, subgrade stabilization, base and asphalt. 6,249 SY ac cq, ;r, e.01.21) Type SP -12.1 Asphalt Compost Pad, including testing, subgrade stabilization, base, and as halt. 2,051 SY Z6- p. o, 2.0 1.3 ATSTM System Per Specifications 15650 and :53,326. 15054; complete in-place and ready for continuous o eration. 1 LS 4605,ca�'. ` I,GW, Ceti. 2.01.4 Directional Boring 24" HDPE force main and fittings, to include connection to direct burial pipes on both ends, complete with related incidentals. 1 LS Z%���GYi. a Z/c, 3to- os 2.01.5 24 Inch ductile iron force main, including trenching, backfill, compaction, connections, restraints testin and related incidentals 750 LF ZCil . 2.01,6 Ductile iron fittings, including trenching, backfill, compaction, connections, restraints, testing, and related incidentals. 7,600 LBS 9, 2.0 1.7 2R Inch Plug Valves including, connections, restraints, gears, operator, stems, indicator floor stand, complete with related incidentals, 2 EACY– ac Latest Rev. 9/29/2008 ADDENDUM NO. 2 - 00310.4 EGRET F:\Public Works\KeithM\Stormwater Projects\Egret Marsh - REVISED\Hid Documents\Addendums\Adden um #2\003 OS Bid Form Egret Marsh - REVISED - ADDENDUM #2.doc EGRET MARSH STORMWATER PARK BID TABULATION FORM Continued ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL No. AMOUNT 2,01,8 Lateral "D" Canal Submersible Pumping Station, including Intake Structure, Cast -in -Place Rake Channel, Wet Well, Valve Vaults, Valves, Air Release Valve, Access Covers, Grating, Handrails, Piping, Fittings, Connections, Self- 1 LS Cleaning Flex Rake, Two Submersible Pump�� 3 et (includes spare pump), Electrical and Controls, Articulating Concrete Block with Anchors and° - Filter Fabric, Erosion Control, Fencing, Gates, Start-up, Testing, Training, and Incidentals; complete in-place and ready for continuous .operation. 2.01.9 Structures S1, S2, S3, S4, and S5, Including precast reinforced concrete structures, pipes and connections, weirs and check valve, stop logs, handrails and grates, rip -rap and geotextile 1 LS y&S�Gz'G- fabric, earthwork, complete in place with related Incidentals. 2.01.10 48 Inch CAP Outfall and Equalization Pipe, including connection to 83, pipe, fittings, rip-rapc 1 LS flume, articulating concrete block, anchors, and tJG,�c� 1146t:c). related incidentals. 2.01.11 30 Day ATS Hydraulic and Mechanical Process 1 LS Operation 2.01.12 Ninety day start-up, supervisory, operational, 1 LS o and training services ac Z%aG , 7, Y, GUG . - 2.01.13 Update QAPP and associated documents, submit to FDEP and follow through until approval 1 LS 6r J�, • _ G` /g, _50-- - of QAPP by FDEP B Subtotal Items 2.01.1 through!9 . Na bki, i.t1 Y bsijJ. G�" i�b� ry 6 R6&lNl 2.01 13 Y.�bi3 ., I...- 4 b Yw' °# ii.i NMI N I a' Y'se t` si>'i.ui .ik .. Yt•'tX . ; > . aav : �� FbY+ r.:w..:*r . a� T.fe4R.:Ki 3.0 Additional Unit Price Itemsrw� .. : 3,01 Imported Fill, including placing, grading, 2,000 CY 75 oc compaction, testing, and related incidentals. ��"� 3.02 Off -Site Disposal of Buried Waste or 100 TON Z� UnsatisfactorySoils ZS�r- 3.03 Extra Excavation and on-site deposition of unsatisfactory soils, and backfill with acceptable 1,000 CY fill per Section 02200.3.05.F -G of the �s, SO pc /Ilii Specifications 3.04 Cast -in -Place Reinforced Concrete Slab or 55 CY nG° Footers on Grade or Above Groundwater 66"500. 3.05 Cast -in -Place Reinforced Concrete Structures 50 CY x Below Groundwater 3.06 Cast -in -Place Reinforced Concrete Walls above 50 CY Groundwater 3.07 Seeding and Mulch with Polyacrylamide 1,000 SY C Subtotal Items 3.01 throu h 3.07.1 r 2�3 i ` r Latest Rev. g/2g/2008 ADDENDUM NO. 2 - 00310.5 EGRET MARSH FAPubllo Works\KeRhM\Stonnwater Projects\Egret Marsh - REVISED\Bld Documents\Addendums\Hddendum #2\00310 - Bid Form Egret Marsh - REVISED - ADDENDUM #2.doc C 0 EGRET MARSH STORMWATER PARK PHASE I BiD TABULATION FORM ITEMContinued DESCRIPTION No. 4.0Landscape Items QUANTITY UNIT TOTAL UNI F,1:1RICE1 AMOUNT 4.01 Removal of Exotics from entire site (less Wood Stork Habitat) Including disposal, as specified in Section 02240. 1 LS �r , c 9�,Ct;G• 4.02 Two -Year Landscape Items Maintenance Period, including temporary irrigation, any plant re lacement, and wildlife rotection. 2 Year, Sa o, 3 76,b75. 4.03 Five -Year Exotic Elimination Period, including monthly removal'of Exotics and wildlife Protection. 5 Year Zli%G- �� /o ow o0 4.04 Furnish, Install, and Maintain during construction, all #1 Areas with Wildflower and Native Grass Seed Mix for u land areas 219,720 SF O 7-3 4.05 Furnish, Install, and Maintain during 35,720 SF 4.06 construction all #2 Areas with Spa bakers. Furnish, Install, and Maintain during 0.31 construction, all #3 Areas with Wetland Type Wildflower and Native Grass Seed Mix. 30,520 SF o, Z3 4.07 Furnish, Install, and Maintain during construction, all #4 Areas with Muhlenbergia capillaries 59 970 SF 4.08 Furnish, Install, and Maintain during 29 810 SF 4.09 construction, all 45 Areas with S artina atens Furnish, Install, and Maintain during D • 3 qZ'-11/G construction, atl #6 Areas with Helianthus debilis dune sunflower 5,690 SF 6,31 j 763,yG ✓ 4.10 Furnish, Install, and Maintain during construction, all #7 Areas with Zone 1 plantings perSection 'A'onDrawjn C1a 26,070 SF 6,31 SC)S J 7 4.1 T Furnish, Install, and Maintain during construction, all #8 Areas with plantings per section Won Drawing C18 13,300 SF 6,31 g1z3, o, 4.12 Furnish and install i i Cypress trees. 3r entire site as shown on the Drawings, Including maintenance Burin 1 construction and bracing. 66 EA 3577, `5 a6� pj0 oa 4.13 Furnish and install Red Bay trees for entire site as shown on the Drawings, including maintenance during construction and bracin 30 EA oc 1/ 456 4.14 , Furnish and install Live Oaktrees for entire site as shown on the Drawings, including=; maintenance during construction and bracin 23 EA c� 1//0 • q y30' 4.15 Furnish . and install Cabbage Palm trees (or entire �l4.16 site as shown on the Drawings, including maintenance durin construction and bracin . 57 Furnish and install Slash Pine trees for entire siteas maintenance shown on the Drawings, including durin construction and bracin 144.17 ;EA aS �C Fumish . and install Maple trees for entire site as shown on the Drawings, including maintenanceduring construction and bracing. 21 °� �-7/S, w Latest Rev. 9/29/2008 ADDENDUM NO. 2 • o0310. 8 EGRET FAPublic Works\KeithM\Storrnwater Projects\Egret Marsh • REVISED\Bid Dooumenls�Addendums\Addendum #2\0031 0MARS 2\03OS Bid Form Egret Marsh - REVISED - ADDENDUM #2.doc EGRET MARSH STORMWATER PARK PHASE I BID TABULATION FORM Continued ITEM DESCRIPTION TOTAL No. QUANTITY UNIT UNIT PRICE AMOUNT 4,1 g Furnish and install Laurel Oak trees for entire site. as shown on the Drawings, Including 12 EA , 00 o� 366 °r mantenance durinq construction and bracing. 4,19 Furnish and install Water Oak trees for entire site as shown on the Drawings, including 11 EA maintenance during construction and bracing. 4.20 Furnish, Install, and Maintain during construction, Bahia Sod as shown on the Drawings, including ATS site and Pumping 12,450 SY i Station D Site. 4.21 a Furnish, install, and maintain during construction, all Littoral Zone 2,960 SY Z S S oc Plantings in the PolishingPonds 75- V-9 4.21 b Furnish, install, and maintain during construction, the Pickerelweed at the north end of the Final 262 SY yd G (� �- Polishinq Pond z• 4.22 Furnish, install, and maintain during construction, the plantings in the peninsular area inside the 1 LS Final Polishing Pond as indicated on Drawings C10 and C19. 4.23 Furnish, install, and maintain during construction, all plantings in the Wood Stork Habitat Area as1 LS CC 34000. °C indicated on Drawin s 1 C10, and C19. i D Subtotal Items 4.01 through 4,23 53 72 2 y�. 5.0 ALTERNATE BID < s 5,01 Final Polishing Pond Submersible Pumping Station, including Intake Structure S-6, 42 Inch R.C.P. Influent Piping, discharge piping to 24" Force Main, Wetwell, Valve Vaults, Electrical and Controls, Equipment, 1 LS K 2 �/s, fib& G oi_ ZJ, /6p Air Release Valve, Access Covers, Valves, Fittings, Connections, • . and Related Incidentals: Complete in -Place and read for Continuous Use. E Subtotal Item 5.01k-1 gf r 7 �+fa s A ... � h,A �.. ! b § �o F ?!'� +I sygRsk�>. �""3iy!'v. � ,;�..- � � �a��aia QF''�¢ j'�ix I GRAND TOTAL BASE BID ITEMS:AW 4Y� fF i4 k " P'I'.A{',.Mq r '�.�.;' �t�3 - �w=14- 5�,ax fa,L� +�t rr rf , �x�fr r� , Marr ! 14- ., .. R f 't GRAND TOTAL BASE BID PLUS ALTERNATE BID ITEMS: ,IP4 A B C, D& E 5.01 Bidder shall complete the Work in accordance with the Contract Documents for the price(s) contained in the Bid Schedule: A. The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. Latest Rev. 9/29/2008 ADDENDUM NO. 2 - 00310 - 7 EGRET MARSH FAPublic Works\KelthM%Stonnwater Projects\Egret Marsh - REVISED\Bld Documents\Addendums\Addendum #2\00310. Bid Form Egret Marsh - REVISED - ADDENDUM #2.doc 0 B. The OWNER reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated a or shown on the plans. Furthermore, the Owner reserves the right to omit in its entirety any one or more items the of Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions. 0 C. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided. The quantities actually required to complete the contract and work may less or more than so estimated, and, if so, no action for damages or for loss of profits shall accrue to the CONTRACTOR by reason thereof. D. Unit Prices have been computed in accordance with paragraph 11.03.6 of the General Conditions (and Supplementary Conditions if applicable). E. If Bidder believes that the cost of any item of the Work has not been established by the Bid Form, then Bidder shall include that cost in some other applicable bid item, so that Bidder's proposal for the project reflects Bidder's total price for completing the Work in its entirety. 6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14.07.B of the General Conditions Supplementary Conditions if applicable) on or before the dates or within the numbers of calendar days indicated in the Agreement. ILIf 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified., Agreement. which shall be stated in the 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security.in the form of —LFH/P� CNCcl� B• Section 00452 - Swom Statement under Section 105.0 8, Indian River County Code, on Disclosure of Relationships; C. Section 00454 - Sworn Statement Under the Florida Trench Safety Act; D. Section 00456 - General Information Required of Bidders; E. Section 00.458 - List of Subcontractors; and (� F. Section 00459 Bidder's Affidavit Regarding state of Florida Certified Erosion and Sediment Control Inspector U G. Items specified in Section 00200, Article 3, paragraphs 12.05 B and D, and Article 15. H. Names of Geomembrane Installer and Manufacturer. n 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. Latest Rev. 9/29/2008 ADDENDUM NO. 2.00310 - 8 Egret1tc Works\KelSED -tADDE er M #2.docts\Egret Marsh - REVISED\Bid Documents\Addendums\Adden um # 003 OEGRET S Bid Form Egret Marsh •REVISED -ADDENDUM M2.doc 1 9.01 By signing this form, Bidder acknoWledges that it has read and understood all information contained herein. SUBMITTED on 10 —_,20C,9-. State Contractor License No. C4A-C f V 3 O )067 xwxxttxxxxxxxxx►xxxxwxxxxxxxx.exxxxxxw(x�ww r �,�x�w ���wtxwxxxxxxxwxxxxxt�x^wxxxxsrxxxxxwxxttxxwxtxxwxwxxtxw x`,tw Corporation Name: �-r `�� Ci-,r157La )r,It c (SEAL) (� L C.._ State of Incorporation:—L.— Type Type (General Busitless, Prof es ' I, ervice, Limited Liability): C -LI v1 -19C [ By: (Signature -- attach evidence of authority to sign) Name (typed or printed): /V l 1 C HAJt_ ��(7 f ✓L Title: �/� rl\a C (CORPORATE SEAL) Attest (Signature of Corporate Secretary) Business address: 1JP05 S_ ZS �v� � -?f F,-, (, IL 3 KS ( Phone No.: 777' V?%- /GZ0 F No.: 77 2 - V2y -A, 2 Date of Qualification to do business is !rA/0/ xxxwxxxxxxxxxxxxxxxxxxxwxxxxxxxxxwxxxxxxxxwxxxxxxxxwxxxtxxxxtxxxxxxxxxxxxxwxxxxxxxxxxxxxxxxxwxxxxxxxxxxwtxxxxxx * * END OF SECTION * * Latest Rev. 9129/2008 ADDENDUM NO. 2 - 00310 - 9 EGRET MARSH FAPublic Works\Ketthfvr\Stom7water Projects\Egret Marsh - REVISED\Bid Documents%Addendums\Addendum #Z00310- Bid Form Egret Marsh - REVISED - ADDENDUM #2.doc STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION sb CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH � TALLAHASSEEMONROE STREET FL 32399-0783 DIGIACOMO, MICHAEL H & D CONSTRUCTION CO INC 9773 SW SANTA MONICA DR PALM CITY FL 34990 aa Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly, We onstant(hank yolu strive for doing b business in Floridaou better so , and congratulationsg customers. o your new license! Y .- ODETACH HERE AC# sL S !ATEc01 (850) 487-1395 DA 3r Q 8 �Q:2 54 & TD 00jqPIT 4-0 �ERTIEIED uadQr tha onsof Ch:_ 4'8 lretioq aata"'i�'UC$1� i �21I1`, - . fx 1 �Ri per} '4 . � _ r..'•i`i 4 I 1 44 j 1f r GFAR7sE'.S Wry DFCO nIni -SECHE'1'ARY i . STATE OF FLORIDA - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 DIGIACOMO, MICHAEL INDIVIDUAL 9773 SW SANTA MONICA DR PALM CITY FL 34990 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionalsand businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We •onstantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! DETACH HERE 0 (850) 487-139.1 WE 0 NA -L, -RE LQ8t1(8.�r2��t .�EN� ha; OS x2 rn Q$t6 1df. f t rim ` — ,/ -- _ +pci d11 t'i�-%�.�POA�� _ =}1.T Exp 2r--� '-` %' r t✓ — wg PAL1�! CITY R .. Go All wlE Z = YC)p;.�`�5�.,-CtII�ii l'-i%"+'�1'}r t�i� �`�� x'i•�' .tfd 1 Ll. if ir��'7L'r'f�(i�!!'-•':!i'L.. 0�A'1:T .. 3V 1 �4�I 1..+,y[� ,ri( -jS�lf ;.��.. r( Y.lY:n 'FI Lu�� r ,©i�,-J.lr�r sit�H�\,•iiStW, DRA'aO+ SECRETARY -f FfaDtc��i��-5.`At %11 i1 Dc soV'i A110 STATE OF FLORIDA - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD aT 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 H & D CONSTRUCTION CO INC 9773 SW SANTA MONICA DR' PALM CITY FL 34990 DETACH HERE (850) 487-1395 S COUNTY CODE ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Bid, Proposal or Project No. 0430 for Egret Marsh Stormwater Park, ER D 1. This sworn statement is submitted by: �- -k G whose business address is: jb5 S (Name of entity submitting sworn statement) (if applicable) its Federal Employer Identification Number (FEIN) is 105 - 1\5 lo: a and any). (If 2. My name is (~lease print name of individual signing) and my relationship to the entity named above ism, 3. 1 understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 4. 1 understand that the relationship with a County Commissioner or County employee that must be disclosed is as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in- law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, step- father, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half sister, grandparent or grandchild. 5. Based on my best 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: Last Revised 08/2008 00452-1 F:\Public Works\Cliff Suthard\1 A A Egret Marsh Redesign Contract Documents Technical Soecifiratlnn��nEgret Marsh of Ralatinnehi— c....,4 RA_L �__ C IN Name of Affiliate or Entitv E STATE OF "rzC'JZ r 'DA COUNTY OF ,i. Lu _ iL Name of County Relationship Commissioner or emDlovee (signature) /d 1"r e7 (date) Personally appeared before me, the undersigned authority, l Who atter first being sworn by me, affixed his/her signature in the space provided abo eGon his �S L day of pG��i3�2 -,2069- /�i A �OZpRY PV BRENDA C. HORNE * MY COMMISSION # DD 627945 Notary Public, State at large N,9 EXPIRES; January 13, 2011 My Commission Expires:oFFtoR Bonded ThruBudget Notary Services * * END OF SECTION * * Last Revised 08/2008 00452-2 of Af AA—ch flnn F:\Public Works\Cliff Suthard\1 A A Egret Marsh Redesign Contract Documents Technical Specifications\DiEv 0\00452 Marsh Disclosue RohVinnehinc M— a SECTION 00454 —SWORN STATEMENT UNDER THE FLORIDA TRENCH SAFETY ACT THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ("BIDDER"), OR ITS AUTHORIZED REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS. This Sworn Statement is submitted with Project No. 0430, Egret Marsh Stormwater Park. 2. This Sworn Statement is submitted by a ConSA-f CD-, S -n C, (Legal Name of Entity Submitting Sworn Statement) hereinafter "BIDDER". The BIDDER's address is 1'605 S-�-c-ee�- S•.,�,k� 1 �, �- ��e.tce �� 3ticty�7 BIDDER's Federal Employer Identification Number (FEIN) is lP5- 1�512`7-a 3. My name is M,and my relationship to the BIDDER (Print Name of individual Signing) is A ex-, A - (Position or Title) I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. 4. The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act, Section 553.60 et.seq. Florida Statutes and refer to the applicable Florida Statue(s) and/or OSHA Regulation(s) and include the "effective date" in the citation(s). Reference to and compliance with the applicable Florida Statute(s) and OSHA Regulation(s) is the complete and sole responsibility of the n BIDDER. Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 5. The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards. 6. The BIDDER has allocated and included in its bid the total amount of $ 500.00 based on the linear feet of trench to be excavated over five (5) feet deep, for compliance Q with the applicable Trench Safety Standards, and intends to comply with said standards by instituting the following specific method(s) of compliance on this Project: a The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods Will not be checked by the OWNER or ENGINEER for accuracy, completeness, or any other purpose. The OWNER and a ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. oe 7) The BIDDER has allocated and included in its bid the total amount of $'- based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method(s) of compliance on this Project: Last Revised 08/2008 00454-1 Egret Marsh a F:\Public Works\Cliff Suthard\1 A A Egret Marsh Redesign Contract Documents Technical Specifications\Div 0\00454 - Florida 'r --k C.fehi Anf Fnrnt hAnreh rine: The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 8) The BIDDER, in submitting this bid, represents that it has obtained and considered all available geotechnical information, has utilized said geotechnical information and that, based on such information and the BIDDER's own information, the .BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project. BIDDER: ) By: i/G2'-2� ��yG Position or Title: /"7Z�S �GJ �✓� Date: /C/ 0 S, STATE OF C z /JA COUNTY OF _ a. ti cl e Personally appeared before me, the undersigned authority, /10 1C8,A&L who Vter first being sy✓orn by me, affixed his/her signature in the space provided above on this day of o c X036 - (-z. , 2069. "• :� BRENDA C. HORNE * MY COMMISSION # DD 627945 Notary Public, State at large 1P EXPIRES: January 13, 2011 My Commission Expires: �OFFLe Bonded ThNBudget NoWryServfces * * END OF SECTION * * Last Revised 08/2008 00454-2 Egret Marsh FAPublic Works\Cliff Suthard\1 A A Egret Marsh Redesign Contract Documents Technical Specifications\Div 0\00454 - Florida Trench Safety Act Egret Marsh.doc SECTION 00456 —QUALIFICATIONS QUESTIONNAIRE NOTICE: THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON - RESPONSIBLE BIDDERS. UNDER PENALTY OF PERJURY, the undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained. Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Attach additional sheets as required. Documentation Submitted with Project No: 0430 Project Name: Egret Marsh Stormwater Park. 1. Bidder's Name/ Address: 2. Bidder's Telephone, FAX Numbers & Email: L�aC,. ID n 3. Licensing and Corporate Status (NOTE: The bidder must be a licensed General Contractor): a. Is General Contractor License current? des b. Bidder's General Contractor License No: [Attach a copy of Contractor's License to the bid] c. Attach documentation from the State of Florida Division of Corporations that indicates the business entity's status is active and that lists the names and titles of all officers. d. Does Contractor have current file with Indian River County Building Department? `les n 4. Number of years the firm has performed business as a Contractor in construction workof the type involved in this contract: -1,j 9s.% 0 5. What is the last project COMPARABLE TO THIS PROJECT that the firm has completed? SQe- CkA-�-c;checA a 6. Has the firm ever failed to complete work awarded to you? N o a [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which the firm failed to complete the work.] 7. Has the firm ever been assessed liquidated damages? 1"-' LJ [If your answer is "yes, then attach a separate page to this questionnaire that explains the a circumstances and list the project name, Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed.] a Last Revised 08/2008 00456-1 Egret Marsh FAPublic Works\Cliff Suthard\1 A A Egret Marsh Redesign Contract Documents Technical Specifications\Div 0\00456 - Qualifications Questionnaire Egret Marsh.doc 8. Has the firm ever been charged by OSHA for violating any OSHA regulations? 'i" [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which OSHA violations were alleged.] 9. Has the firm ever been charged with noncompliance of any public policy or rules? N O [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project.] 10. Attach to this questionnaire, a notarized financial statement and other information that documents the firm's financial strength and history. 11. Has the firm ever defaulted on any of its projects? No [If your answer is "yes, then attach a separate page.to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which a default occurred.] 12. 13 15 Attach a separate page to this questionnaire that summarizes the firm's current workload and that demonstrates its ability to meet the project schedule. Name of person who inspected the site of the proposed work for the firm: Name: 7o ne5 Date of Inspections: I �,/f)� Name of on-site Project Foreman: \ ,CxM 5Iff \C_ ACc,-� c Number of years of experience with comparable projects as a Project Foreman: 20 KS Name of Project Manager: Le-Lkcc:nc e Number of years of experience with comparable projects as a Project Manager: 25 (a) Please state your bonding capacity per project. (b) Please state your total bonding capacity. (c) Please provide name, address and contact person of your bonding company. Last Revised 08/2008 00456-2 EreMarsh FAPublic Works\Cliff Suthard\1 A A Egret Marsh Redesign Contract Documents Technical Specifications\Dly 0\00456 -Qualifications Questionnaire Egret Marsh.doc 17: What percentage of the total project will be performed by the firm's personnel? -7D 18. Attach a separate page to this questionnaire that lists the firm's construction equipment that will be used on this project. Also, list the construction equipment that the firm will rent for this project. 19. As required by Section 15060 Horizontal Directional Drilling Article 1.06 submit the following. All responses shall be based on the project specific information. Generic assumptions will be acceptable only when site specific data is not available. a. Three (3) examples of similar successful project experience. Minimum requirements are 20" outside diameter, HDPE pipe, and 1500 LF single pull river crossings. Provide project contact name, title, telephone number, mailing address, email address, etc. for whom the successful projects were performed. b. Calculations for pull back force required. and the resulting rig size proposed for this project. c. Calculations demonstrating that the pipe will not be overstressed. d. Verify that the information presented herein will be fully incorporated into the work plan. e. Identify which, if any, items of the basis of design that the CONTRACTOR proposes to change (entry/exit angles, depth, radii, etc.). These changes shall be reflected in the calculations and information required in these evaluation criteria. [The remainder of this page was left blank intentionally) Last Revised 08/2008 00456-3 Egret Marsh FAPublic Works\Cliff Suthard\1 A A Egret Marsh Redesign Contract Documents Technical Specifications\Div 0\00456 - Qualifications Questionnaire Egret Marsh.doc IN rn r r V f6 C 3 O O U E cc Q Fuco=) m E C Q �L O � L E m m EZ V E z 1 N C i a� L OTU7 s ` a � w � f C*0t O = U tv i u L C C C Z CC 0 CE O cc co O CU d U .a+ � C ET O U � O N O �1 ; Q U C L �a ., o a m � R V cu Z w ca D- E U a� w Q Q P oG N ao O U O U .a fn co J Si [NOTE: If requested by the County, the Bidder shall furnish references, and other information, sufficiently comprehensive to permit an appraisal of its abilities as a contractor.] By: �a� (Signature) (Position or Title) (Date) * * END OF SECTION 0 Last Revised 08/2008 00456-5- Egret Marsh FAPublic Works\Cliff Suthard\1 A A Egret Marsh Redesign Contract Documents Technical Specifications\Div 0\00456 - Qualifications Questionnaire Egret Marsh.doc a 2 3, 4. 5. 6. 7. 8. ECTION 00458 - LIST OF SUBCONTRAC The Bidder SHALL list below the name and address of each Subcontractor wh work under this Contract in excess of one-half percent of the total bid price, and shall the portion of the work which will be done by such Subcontractor. After o will perform changes or substitutions will• not be allowed unless a also fist the opening of Bids, such a change has been submitted in writing bytheCONTRACOTOR, which WNER rshal incl for reasons for such request. Subcontractors must be properly licensed and hold a valid Certificate Of Competency. rt►ficate Documentation Submitted with Project No. 0430 for: Egret Marsh Stormwater Park. Work to be Performed Section 15650 - Algal Turf Scrubber@ System Note: Attach additional sheets if required. Subcontractor's Name/Address HydroMentia, Inc. 3233 SW 33' Road, Suite 201 Ocala Florida, 34474 Phone: 352-615-7188 Facsimile: 352-237-0944 f r -e G Gni AZ_ C� CO S �✓4 L. P C Of4 "g � * * END OF SECTION * * Last Revised 08/2008 004 FAPublic Works\Cliff Suthardll A A Egret Marsh Redesign C0t D0 uments Technical Specifications0v 0100458 - Subcontractors Egret Marsh.doc Egret Marsh List of References: H&D Construction Co., Inc.D. CGC 062543 CUC1223748 Woodside Homes Projects Completed for Woodside Homes Completed 2007 — 58th and 77th Street Turn Lane — $ 573,000.00 Completed 2006 — Timberlake Sub Division — $ 843,000.00 Completed 2006 — Trillium West Subdivision — $ 1.8 Million Completed 2005 — Trillium Subdivision - $ 2 Million Other projects completed include Lindsey Lanes and Sebastian Lakes r, Skymark Real Estate Projects completed for Skymark Real Estate Completed 2005 - Ashley Lakes South — $650,000.00 Completed 2006 - Sebastian Crossing Subdivision — $1.9 Million Completed 2007 - Quail Creek — $1.2 Million Completed 2007 - Ashley Lakes North - $ 3.1 Million JVPC Industrial Contractors LJ Projects Working on for WPC Complete in 2007 - JEA Water Treatment Plant — $125,000.00 Complete in 2008 - Rangeline Water Treatment Plant — $1.2 Million Princeton Homes Projects completed for Princeton Homes Completed in 2007 - St Andrews Sales Center - $125,000.00 Completed in 2007 — St. James Blvd Turn Lane — $65,000.00 Projects Currently Working On: Torrey Pines Molecular Studies — $2,250,000.00 — Suffolk Construction Sebastian Crossing Commercial — $378,000.00 — CRF Panthers Palm Beach Road Office Building - $200,000.00 —FD Investments Sebastian River Middle School — $150,000.00 — Heamdon Construction Rangeline Water Treatment Plant - $1,250,000.00 — WPC Industrial Walgreens Ft. Pierce — 405,000.00 — Scherer Construction Holiday Inn - 395,000.00 — Omega Design Build a 1805 S. 25th Street, Suite # 1 Fort Pierce, FL 34947 a Ph 772-429-1620 Fax 772-429-1628 SECTION 00459 - FLORIDA CE -RI IDDER'S AFFIDAV IED EROSION AN STATE OF INSPECTOR JNTROL (TO ACCOMPANY BID - THIS AFFIDAVIT WILL BECOME PART OF THE CONTRACT DOCUMENTS IF A CONSTRUCTION CONTRACT IS AWARDED TO BIDDER) THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Project No. 0430 for: Egret Marsh Stormwater Park, Pumping. Stations, and Force, Main. STATE OF bool 0a COUNTY OF Before me, the undersigned authority, appeared/'/ 1C/4 who upon oath, duly administered, stated as follows: �� b(�(A�`�"`e i I. This sworn statement is submitted by /��� co,J whose bus' ess address is _/ S U C 1 r c .y FederalIdentification N - (FEIN is �6 - Ilglo-2Z and (if applicable) its 2. My name is Arc_ A wt o named above is and my relationship to the entity 3. 1 understand that if selected for this Project, I must provide a full-time State of Florida Certified Erosion and Sediment Control Inspector for the Project's full duration. 4. 1 agree that I will be responsible for complying with all local, state, and federal requirements regarding erosion and sediment control for the Project. 5. 1 understand that "pollution" as defined by Florida Statutes section 403.031(7) means: "... the presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or manmade or human -induced impairment of air or waters or alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law." 6. 1 understand that in addition to the definition set forth in Item 5 above, "pollution" is also defined by paragraph 1.5 of Section 02225 of the Technical Specifications for this Project. 7. 1 understand that there are civil and criminal penalties for pollution listed in Florida Statutes section 403.161 and that there are other penalties listed in Section 02225 of the Technical Specifications for this Project. I understand that I may be liable for these and other penalties if pollution occurs as a result of my activities associated with the Project. Last Revised 08/2008 00459-1 Egret F:\Public Works\Cliff Suthard\1 A A Egret Marsh Redesign Contract Documents Technical Specifications0v 0\0045garsh Affidavit Regarding Certified Stormwater Inspector Egret Marsh.doc 8. My State of Florida Certified Erosion and Sediment Control Inspector who will be assigned to this Project is: __ ,.3E % L,goy 2A -JC and his or her State of Florida Certification Number is: io�9 Under penalty of perjury, I declare that I have read the foregoing affidavit and the facts stated in it are true. FURTHER AFFIANT SAYETH NAUGHT Signature: 'x( Printed Name: iG1fA6c_ �� �� r/g6oVV-C/ a Date: The zy regoing instrument was subscribed and sworn to b,�Qre me this /S day of _OG[� , 20v2- by_ry ICN26L- 4 -�� /ALaVK-16 who is personally known to me and who did take oath. Notary Public State of Florida at Large My Commission expires: * * END OF SECTION * * .• • • ;°�. BRENDA C. HOANE * * MY COMMISSION # DO 627945 EXPIRES: January 13, 2011 -""-F1110' Bonded Thru Budget Notary Services Last Revised 08/2008 00459-2 Egret Marsh I'APublic Works\Cliff Suthard\1 A A Egret Marsh Redesign Contract Documents Technical Specifications\Div 0\00459 - Affidavit Regarding Certified Stormwater Inspector Egret Marsh.doc 0 a SECTION 00520 -AGREEMENT THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, having an address of 1801 27th Ave, Vero Beach, FL 32960 (hereinafter called OWNER) and H & D CONSTRUCTION CO., INC. having an address of 1805 S 25TH Street, Suite 1, Fort Pierce FL 34947 (hereinafter called CONTRACTOR). n OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Construction of Stormwater Management Facilities Including an Algal Turf Scrubber Stormwater Treatment Unit with Support Facilities, Site Works, Earthwork, Grading, Drainage, Paving, Pumping Station at Canal 'D' and Pumping Station at the Site, Directional Bore of a 24" Force Main, Site Landscaping and Temporary Irrigation, 30 day Start Up and Operation Period and all Related Incidentals. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Egret Marsh Stormwater Park County Project Number: 0430 Project Address:' 72954 th Street, Vero Beach, FI f-1 ARTICLE 3 - ENGINEER 3.01 The Indian River County Public Works Department or its representative is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 -_CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed on or before the 270th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions (and Supplementary Conditions if applicable), and completed and ready for payment of Final Completion of Construction (except for Bid Item No. 2.01.12) in accordance with paragraph 14.07 of the General Conditions (and Supplementary Conditions if Last 0 Revision 12/2008 00520-1 Egret Marsh 1 0 1 applicable) on or before the 3001h calendar day after the date when the Contract Times commence to run.. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence for this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions (and Supplementary Conditions if applicable). The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $500.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $200.00 for each calendar day that expires after the time specified in paragraph 4.02 for Final Completion of Construction until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE LJ 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts Qdetermined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:: Numerical Amount: $5,389,972.10 Written Amount: Five million three hundred eighty-nine thousand nine hundred seventy-two dollars and ten cents ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the �1 General Conditions (and Supplementary Conditions if applicable). Applications for Payment will be processed by ENGINEER as provided in the General Conditions (and Supplementary Conditions if applicable). 6.02 Progress Payments; Retainage A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request at intervals not less than once each month as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and Supplementary Conditions if applicable) (and in the case of Unit Price Work Last Revision 12/2008 00520-2 Egret Marsh U based on the number of units completed) or, in the event there is no schedule of values as provided in the General Requirements. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount a due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8) (b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. B. Pay Requests. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR's certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. C. Paragraphs 6.02 A and 6.02 B do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.03. Acceptance and Final Payment A. Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County aCommission approval of the final Contract payment. 6.04. Acceptance of Final Payment as Release. Last Revision 12/2008 00520-3 Egret Marsh t The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. n 6.05 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions (and Supplementary Conditions if applicable), OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER and ENGINEER's CONSULTNAT as provided in said paragraph 14.07. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions (and Supplementary Conditions if applicable) to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other M related data identified in the Bidding Documents., B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or L� which relate to any aspect of the means, methods, techniques, sequences, and procedures �I of construction to be employed by CONTRACTOR, including applying the specific means, r� methods, techniques, sequences, and procedures of construction, if any, expressly required LJ r. Last Revision 12/2008 00520-4 Egret Marsh L.�I aby the Contract Documents to be employed by CONTRACTOR and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the n Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER's CONSULTANT is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. CONTRACTOR is aware of the specific limitations of the INSTRUCTIONS TO BIDDERS Section 00200 Article 26 PUBLIC ENTITY CRIMES. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9, inclusive); a 2. Section 00610 - Performance Bond (pages 00610-1 to 00610-5, inclusive); 3. Section 00612 - Payment Bond (pages 00612-1 to 00612-5, inclusive); 4. Section 00700 - General Conditions (pages 00700-1 to 00700-45, inclusive); 5. Section 00800 - Supplementary Conditions (pages 00800-1 to 00800-18, inclusive); 6. Specifications as listed in the Table of Contents of the Project Manual; 7. Drawings consisting of following sheets, with each sheet bearing the following general title: "Egret Marsh Stormwater Park"; C1 through C20; S1C through S6C; C -1A through C -12A; S1A through S11A; E-01 through E-15; and 8 Survey and Topographic Drawings 8. Addenda (numbers 1 to 5, inclusive); 9. Exhibits to this Agreement (enumerated as follows): a. Section 00550 - Notice to Proceed (page 00500-1); b. Section 00310 — Bid Form (CONTRACTOR's Bid) (pages 00310-1 to 00310-9, inclusive); O c. Section 00452 - Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); d. Section 00454 - Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); e. Section 00456 — Qualifications Questionnaire (page 00456-1 to 00456-3, inclusive including 2 attached pages, Item 19 and Signature Page.); �l l 0 Last Revision 12/2008 00520-5 Egret Marsh af. Section 00458 — List of Subcontractorsa e 00458-1 (P 9 ); g. Section 00459 — Bidder's Affidavit Regarding State of Florida Certified Erosion and Sediment Control Inspector (page 00459-1 to 00459-2, inclusive); h. Section 00622 — Contractor's Application for Payment (pages 00622-1 to 00622-8, inclusive); i. Section 00632 — Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); j. Section 00634 — Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work (page 00634-1); k. Section 00640 — Certification Regarding Debarments, Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Federally Funded Transactions (pages 00640-1 to 00640-3, inclusive); I. Section 00642 - Release of Claims by Contractor on EPA Subagreement (page 00642- 1); m. Section 00644 - Disclosure of Lobbying Activities (pages 00644-1 to 00644-2, inclusive); n. Documentation submitted by CONTRACTOR prior to Notice of Award (pages to inclusive); o. Certificates of all Insurances as required by the General Conditions and Supplementary Conditions. 10. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: (a.)Written Amendments; (b.)Work Change Directives; and (c) Change Order(s). B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in F-1 paragraph 3.04 of the General Conditions (and Supplementary Conditions if applicable). ARTICLE 10 - MISCELLANEOUS 10.01 Terms. Terms used in this Agreement will have the meanings indicated in the General Conditions (and Supplementary Conditions if applicable). 10.02 Assignment of Contract. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. U 10.04 Severability. Any provision or part of the Contract Documents held to be void or U unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions DLast Revision 12/2008 00520-6 Egret Marsh 1 shall continue to be valid and bindingu OWNER and CONTRACTOR who agree that on P g at the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. ARTICLE 11 — DIRECT PURCHSE PROCEDURES. 11.1. Administrative guidelines governing the taxability of materials purchased for public works contracts, such as the Project under these Contract Documents, are contained in Rule 12A- 1.094, Florida Administrative Code ("FAC"). 11.2. The exemption in Florida Statutes Section 212.08(6) is a general exemption for sales made directly to the government. A determination whether a particular transaction is properly characterized as an exempt sale to a governmental entity or a taxable sale to or use by a contractor shall be based on the substance of the transaction, rather than the form in which the transaction is cast. The determination of whether the substance of a particular transaction is a taxable sale to or use by a contractor or an exempt direct sale to a governmental entity, based on all of the facts and circumstances surrounding the transaction as a whole, is ultimately made by the Florida Department of Revenue. 11.3. The conditions that must be met to satisfy the requirements of Rule 12A-1.094, FAC, and establish that Indian River County as Owner, rather than the Contractor, is the purchaser of materials, include: (1) Direct Purchase Order. Indian River County as Owner must issue the purchase orders directly to the vendors for the tangible personal property involved in the Agreement, and the purchase orders must include the County's consumer's certificate of exemption number. The Contractor may present the County's purchase orders to the vendors of the tangible personal property; (2) Passage of Title. Indian River County as Owner must acquire title to and assume liability for the tangible personal property at the point in time when it is delivered to the job site up until the time it is incorporated as real property; (3) Direct Invoice. Vendors must directly invoice Indian River County as Owner for supplies; (4) Direct Payment. Indian River County as Owner must directly pay the vendors for the tangible personal property from public funds; and (5) Assumption of the Risk of Loss. Indian River County as Owner must assume all risk of loss or damage for the tangible personal property involved in the contract, as indicated by the acquisition by Indian River County as Owner of, or inclusion as the insured party under, insurance on the building materials. 11.4. Indian River County as Owner desires to comply with the Direct Purchase Procedures set forth in this Article 11 for purchases of certain items, including, but not limited to, the items set forth in Section 01025, paragraph 1.4, subparagraph 2.0 "Equipment Items" of the Contract Documents. Contractor agrees to cooperate with Owner to enable Owner to comply with the Direct Purchase Procedures set forth in this Article 11 for all such purchases. Whenever the Contract Documents conflict with the direct purchase procedures set forth in this Article 11, this Article 11 shall prevail. ULast Revision 12/2008 00520-7 Egret Marsh s u 11.5. Upon delivery of Owner direct purchase materials to the Project site, the Contractor shall pursuant to the Contract Documents, inspect, accept delivery of, and store Owner direct purchase r l materials pending incorporation into the Project. Contractor shall forward proof of delivery �J acceptance to the Owner's Project Manager. Notwithstanding the transfer of possession of Owner direct purchase materials to the Contractor, Indian River County as Owner retains title to n the Owner direct purchase materials and the transfer of possession shall be deemed a bailment until the Owner direct purchase materials are incorporated into the Project. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. 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 December 9, 2008, the Effective Date of,,th4 Agreemdnt. F °,T y INDIAN RIVER COUNTY Attest:Mary Louise Scheidt, BOARD OF OUNTY COMNIISSIONERS, Clerk, Ad Interim - V By Deputy Clerk Wesley S. Davis, Chairma-n [seal] Ap oved: seph A. Wird, Cunty Aaaojtnoua roas .m dminis as to form and legal sufficiency: Marian E. Fell, Senior distant County Attorney LJ CONTRACTOR: H & D PGPSTRUCTION CO., INC. aPrinted,'Name: ` ,_1c��r�� 1 i�� iAe o� Title: aAttest: CIA, Ri 1 Printed Name: �-Titi'o: Co pbrate,SPcrefary LTJ Last Revision 12/2008 00520-8 [corporate seal] Egret Marsh .j .� •1 a �� 1 .� '� v'. ../ A � ` � � E ~ �- � wj '� ;1 ��. .j 1 SECTION 00550 - NOTICE TO PROCEED Dated December 3, 2008 [EMAIL TRANSMITTAL: Michael DiGiacomo (mdigiacomo@hdroadinc.com)] TO: H & D CONSTRUCTION, COMPANY, INC. (Contractor) ADDRESS: 1805 S. 25th Street, Suite #1, Fort Pierce, Florida 34947 U Contract For: Egret Marsh Stormwater Park. U OWNER's Project No. 0430 a You are notified that the Contract Times under the above contract will commence to run on a December 10, 2008. By that date, you are to start performing your obligations under the Contract Documents. The Contract has allocated 270 calendar days for the substantial completion and 300 calendar days for completion and ready for final payment of this project. 0 Therefore, in accordance with Article 4 of the Agreement, the date of Substantial Completion is September 5. 2009 and the date of Final Completion is October 5, 2009. In accordance with a Cost -Share Agreement with SJRWMD, actual construction activities must begin at the n project site on or before December 24, 2008. �J Before you may start any work at the site, paragraph 2.05.0 of the Supplementary Conditions provides that you obtain all insurance required under Article 5 of the General Conditions (as modified by the Supplementary Conditions), and you must deliver to the Owner (with copies to Engineer and other identified additional insured) certificates of insurance that you are required to purchase and maintain in accordance with the Article 5 of the General Conditions, and the 0 Owner must approve said insurance. Also, before you may start any Work at the Site, the Construction Contract must be executed. a Additionally, you must submit certain documentation to the Indian River County Stormwater Division, which will transmit the information to Indian River County Community Development Division for release of the site plan for the project. The information you must submit is: 0 1. A copy of the Florida Department of Environmental Protection (FDEP) Notice of Intent (NOI) acknowledgment letter indicating the effective date of coverage and the project identification number. (H & D Construction Company, Inc. shall obtain the a NOI.) 2. A copy of the approved Stormwater Pollution Prevention Plan (SWPPP) prepared by H & D Construction Company, Inc. 3. A completed "Permittee's Affidavit Regarding Pollution Leaving the Construction Site." INDIAN RIVER COUNTY u (OWNER) By: r (AUTHORI E SIGNATURE) D` Stormwater Engineer + +END OF SECTION + + Q Last Revised 08/2008 00550-1 Egret Marsh F:\Public Works\KeithM\Stormwater Projects\Egret Marsh Construction\Conformed Contract Documents\00550 - Notice to Proceed Egret Marsh.doc U , - 1 1 1963911 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2308 PG:2432, Pagel of 11 SECTION. 00610 - PERFORMANCE BOND 12/15/2006 at o2:34 PM, JEFFREY K BARTON, CLERK OF COU T KNOW ALL MEN BY THESE PRESENTS: Bond No. 60052711 BY THIS BOND, we H &• D Construction Co., Inc. 1805 25th Street Ste. B ot:t Pierce, FL 349:47 772-429-1620 , as Principal (Contmotor), (Insert name, principal buelness address, and telephone number of Prinolpal/Contractor) ana The Guarantee Company of North AMerica USA 25800 Northwestern Hi hwa STe, 720 Southfield, W 8 8 - -- u (insert name, principal business address, and telephon6 number of Surety) a corporation, as Surety; y f are held and firmly bound unto the Cbun(y of Indian River, Florida (Owner), 180'1, 27th Street, Vero Beach, Florida 3296. �7� 72- ,� 80M in fhe sum of Fa,ve > > on ree un 4 ed Eighty Nine Thousand Nine Hundf-ed Seventy Two and 10/100 } Dollars-($ 5,389,9722 io, ! amounting to IPO,% of the total bid price. For the payment of bald sum we Wild ourselves, our heirs, executors, adminisimtorb and assigns, jointly and seveMliy, for the faithful perfoi'rtb�nce ofs certaln written Contract, dated the '9th day Of December , 20_, entered into between the Principal and the County of Indian River, for: U Bond Number 80052711 Peojeot Name; Egret Marsh. Stormwater Park, County Protect Number 0430 Project Address; 7205 411 Street, Wro Beach, FL 32888 and adjacent tv the IRFWCD Canal "D" at the intersection with Canal "C''. , i O Protect Description: Construction of Stormwater Management Facilites InclodIng an Alged Turf Scrubber Storcnwater Treatment Unit i rith Support Facilities, Site Works,.Earthwork, Grading, Drainage,. PaVIng, I Pumping Station at Canal 'D' and PuMoing Station at the Site, Directlorial Bore of d 241.Force Main, Site Landscaping and Temporary Iriridaitl0h, 30 day Start Up and Operafion Period and � all Related Incideintals. O Legal Descrlptlon of the Pro e : See Attachment' ' p dY A . I A copy of said Contract including all Contract Documents therein referenced and made a part O thereof is incorporated herein by reference and Is made a part hereof as If fully copied herein. The prov, lslons of Florida Statutes secfion 255.05 (2005), together with ali notice and time a provlslons contained In Florida Statutes section 265;05(2), shall apply to this Bond. DLatest'Revlslon 08/2008 00810 -1 Egret Marsh PAPublia-worksicliff 5utharem A A Egrer Marsh Redesign Contraot Documents rechnIMI SpecificatlonsiDiv 0100810 - Performance Bond Egret witimb-d6c ? (RNwd+rkr+.'e.tikkrFk7MMwwvwvw.+erR+tkwirb�itvrkkRkYwFY+W��+,e•eiriFet#r#k'YW4wYwwwr�+»+�►w,rirwermnFii�,vvrVWiwwlwo+�atwrr�F,hr#t ' NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shelf in all respects comply with the terms and conditions of sold Contract and its obligations thereunder, Including all of the Contract Documents therein referred to and made a part thereof, and •such alterations as maybe made in the Contract Drawings and Specifications as therein provided for,and shall indemnify and save harmless the County of Indian River, as set forth in the Contract, 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 sold Contract, then this obligation shall be null and void; otherwise, the Principal and Surety, jointly and severally, agree to pay the County of Indian River any difference between the sum that the County of Indian River may be obliged to pay for the completion of said Work, by contract or otherwise, and any damages, whether direct, Indirect, or consequential, Including reasonable attorney's fees (including appellate proceedings), which the 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. ,t#yFww�vsvww+ww+.m ►+tywrEtkA,trwoW�ptb�wN *vw+htd d IPMh%d trink8 k�4dN �v kN MY�i# 6tlMnviv�rkyerrees�riteera*kst*+�+b AND, the said Principal and Surety hereby further bind themselves, their successors, executors, administrators and assigns, Jointly and severally, that theywili amply and fully protect the County of Indian River against, and will pay any and all amounts, damages, costs and judgments, Including reasonable attorney fees (including appellate proceedings) 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 thoreof, 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. Principal and Surety expressly acknowledge that any and all provisions relating to liquidated damages contained In the Contract are expressly covered by and made a part of this Bond. Principal and Surety acknowledge that any such provisions Ile within their obligations and within the policy coverages and limitations of this Bond. AND, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, increase In the Contract price, alteration or addition to the terms of the Contract orto 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. LJ AND the Surety represents and warrants to the County of Indian River that it has a Best's Key Rating Guide, General Polley Holder's Rating of "A" and Financial Size Category of Class "VII". QAND, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain In.full force and effect for a period of one year commencing on the date of Final Completion as established on the Certificate of Final Completion as issued by the County of Indian River. Latest Revision 08/2008 00610 -2 Egret Marsh F,1Pubila WorWCliff Suthardll A A Egret Marsh Redesign Contract Documents Technical Specllications% W 0100610 - Performance Bond Egret Marah-doo U1 AND, the Surety agrees that it is responsible for all delay damages resulting from the Principal's performance on the Contract. IN Wi TNESS WHEREOF, the above bound parties executed this instrument under their several seals, this 11th day of December , 20 08 the name and corporate seal of each corporate party boing hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. w+v.,r.*.r.►,t,ntt,tr+wwrrarrrrr.rwRrr-rte wrwrwwrrrrrrr.••r.+••r.►+r,�,r,r++w++�*,�rrwwrwr,►r+rw*w+►r•rr.. WHEN THE PRINCIPALIS A CORPORATION: At St.' i b J H& D Construction Co., Inc. S refary Name of Corporation cr^ BY: (Affix Corporatd'SAtL)' (4., Printed Name`' O6•J i Official Title ("C f `` Mfr c CERTIFICATE AS TQ CORPORATE PRiNCIPAt_ SANIES.- 1J (,, , cortik that I am the Secretary of the corporation named `Prfnc�i�aal ; in the within bond; that � rt at -L -I LAa n, -, , who signed the said bond, ti�tSaif of the Principal was then i� s%raE �� of said corporation: that I know's�sinature, and his signature thereto is gen • and that said Bond was duly signed, sealed'anc@tte ed forand on behalf of Said corporationy au city of Its go eming body, Ag6EAL) TO BEE CUTED BY CORPORATE SURETY: Attest: As per attached power of attorney The Guarantee Company of North America USA - See otary SASecretary Corporate Surety, 25800 Northweste Business BY: Latest Revision 08/2008 00610 3 PAPubilo W0rks\0IIff 3utharAl A A Egret Marsh Redesign Contract Bond Egret Marsh.doc %`e 'l d, MI 48075 Egret Marsh 10 -Performance :o (Affix Corporate SEAL) Brett Ro Attomey-in-Fact Nielson, Rosenhaus & Associates Name of Local Agency , 4000 S. 57th ave, Sze. 201 Business Address Lake Worth, FL 33463 STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Brett Rosenhaus , to me ell�UA�gp,.�own wNpaneing by me first duly sworn upon oath, says that he Is. the attorney-in-fact for the � o and that he has been authorized by THEM to- execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of lndian R 20, Florida. Subscribed and sworn to before me this 11th day of December ,l,, If, Y. PUS ., Jason KatzF�aryPublic, ate o-dda�COtIlII115S10Il�DD39's`E.ipires; FEB. 20, My Cotmmission Expires: h a^yN�Teov ,µwWY+wwwyM'wrw wrw+�r����w'��w�etww��MwfwWwwwA��r�Mw�w�+���~r��►r+rrwMwM+wwwwwwIwwwYWWwiM4iAw*MWw�wWtwkrMlF [The remainder of this page was left blank Intentionally] Latest Revision 08/2008 00610 -4 Egret Marsh F.1FubBo WorWCiiff Suthardll A A Egret Marsh Redsstgn Contract DoWments Technical 8pectficattonMDty oloomo - Psrformence Bond Egret Marsh.doo L Any claims under this bond shall be addressed to: Name and address of Surety: The Guarantee Company of North America USA 25800 Northwestern Highway, STe.720 Southfield, MI 48075 Name and address of agent o'r representative in Florida If different from above; Nielson, Rosenhaus & Associates 4000 S. 57th Ave, STe. 201 Lake Worth, FL 33463 Telephone number of Surety and 866' 403 2844 agent•or representative in Florida: (i._) * * END OF BOND * * w,nrt«ry+wwr�W+wrvwwwr�*wAwrwrF�+kr►�••�w,►wAww�rw►r,�*{rt*w+•k�+*uw*rrwwMMw�►w+k+trwAw�H+*•*�wrwwww Note: This Bond shall be recorded by the Principal In the Public Records. of Indian River County, Florida. A certified copy of the recorded Bond must be provided to Indian River County Wore a Notice -to -Proceed will be issued for the Project. w+wY• •.•wYw.• «w• ryrwwwAAfntwwwK+k*++.*.r.«�+'M«•v�rwrpwpwwMwwYfk#r+,4�+tw+«rw•..�w�rwwwwM+tw*kF+t,r+r**wi•w•«wrwiwrNw�•F+wA• END OF SECTION Latest Revision 08/2008 00810 -5, Marsh Fc\Publre Works\Cilff Suthardil A A Egret Marsh Redesign Contract Documents Technical SpeclfloadonaVv 0100610 - Performance Bond Egret Mersh.dord FRONT PAGE OF PUBLIC PAYMENT BOND Florida Statute 255.05 BOND NO. 80052711 CONTRACTOR: H & D Construction Co., Inc. 1803 S. 25th Street, Ste. 1 Fort Pierce, FL 34947 772-429-1620 SURETY: The Guarantee Company of North America USA 25800 Northwestern Highway, Suite 720 Southfield, MI 48075 1-866-403-2944 AGENT: Nielson, Rosenhaus & Associates 4000 South 576' Avenue, Suite 201 Lake Worth, FL 33463 (561) 432-5550 OBLIGEE: Indian River Board of County Commissioners 1800 27h Street Vero Beach, FL 32960 772-567-8000 PROJECT: Egret Marsh Stormwater Park Project