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2018-078A
Indian River County Purchasing Division Vero Beach, FL 32960 Phone (-772) 226-1416 . Invitation to Bid Project Name: Gifford Area Stormwater Project IRC -1502 Bid #: 2018045 Bid Bond Required: 5% Public Construction Bond Required: Yes, for contracts over $100,000 19 Bid Opening Date: Tuesday, -March 27, 2018 Bid Opening Time: 2:00 P.M. All bids must be received by the Purchasing Division, 1800 271h Street, Vero Beach, Florida 32960 prior to the date and time shown above. Late bids not be accepted or considered. PLEASE SUBMIT (1) ONE MARKED ORIGINAL AND (1) COPY OF YOUR BID. Refer All Questions to: Jennifer Hyde, Purchasing Manager Phone: (772) 226-1416 Email: purchasing@ircgov.com . N PY Indian River County Purchasing Division4 prath Drive :1900 2 -Ph Street, FL.,33462 8 Veto'Beach., FL 92960. 5a 17G Phone (771.) 22614416 ADDENDUM NG.'l Date; March 16) 2018 Proje.d Name:, Gifford Area Starmwatet Project (IRC -1502) �Wid Numbe.V, 2018045 Rid Openind Date: TUESDAY, March 27, 2018 at -2 00 -p.m.., This addendum. is released to answer questions "received to date. All information provided 'herein it hereby t b s�o�mift d'to,r)urchasing@ircgov..com no. later 'Incorporated into. the bid documents: AdV fUrth0`qUe"t" ' ' s. ions must. et —e fhan.-8:00-a.m. Monday, March 19,.2018. Plea$ -6 see the following nine ;(9) questions: and answers: ,1,., Question: Is thore.a project esiimate, forthl's lob7 Answer:; The," project estimate is$205,804.064' -Question: is this a k(mp`sum.or,unit cost bid? Ans�worV. This isa unit cost project." 3. 'Question: 'What permits are required? Answen F r this Ort project,. Indian River County is exempt from Indian RiveeWOef Control :Districtand St.. johhs River Water Managern , ent District -,permit requiremehts� All other porffi'itt-are,'.thq rqspp%nsibjj4:'of the contractor. e 4. Question: Whols. on: paying y Answer; Contractor shall' be, responsible for :all 'quality . control t6Stihg (per MOT Sp0tiffeations.) as established lnlhe. contract: documents. bcuments. CostO, this: testin :sh .,0,. 0 allbeindu ed in qqqit,ftmbt. cost. Indian, 'Rlver. County -will be, Verifitaflon'tesfingi 5, -Qwastipiv: Can we: keep each.intersecdon closed for the duration ofthe, pipe� crossing? Answer�i You will, need to submityou . r MOT plan to the IRC;Ttaffilc EngneeringDiviSioii for acceptance - !or to establishing a. work,zone; one Gane shall be open. at-m[timesv 6. Questiori:00 only erosion Control shown if for'! - rilet protection. Are we also placing.a siltf ence at,thefi h ght of way:where we, are constructing swla les? p WbI0for'8,W'P P, d V!1g, all,. ArisWqm 'Silt fence shall be installed as.needed. Conteadof ShAhbb re5-0n., P aomeeting NP -DES -requirements, while utilizing ' ' b- (BWs)' This i�'a lumpisum pay ritem,,as: : best - .such;, Contractor is responsible fo--r es tablishing. Means and method and costs' for, meeting contractual 16 rnerit gal requirement; F,VubridWorkAENGINEERING DIV150N:PR6kcjfs\1502-E affQrobrai'nag Isi-St to.49.rd, S,A,Admihi\bid documents\Adddhdums\2018045 Addendum :l IRC - 1 502.docx, I Bid No. 2018045 Addendum No.1 March 16, 2018 7. Question: Will video inspection of the storm pipe be required? Answer: Yes, video inspection of the storm pipes is required. S. Question: On 411t Street (Sheet C11 of the plans approximately stations 405+40 and 406+20) there are 3 power/light poles and guy wires that appear to be in conflict with the swale construction. Will the County handle any required relocation with the proper utility company? Answer: Power/light poles at stations 405+40 and 406+20 are shown to be at or near the proposed Swale top of bank. If necessary, the proposed swale can be adjusted during construction at the direction of the Engineer. Utility relocation is not expected for this concern. 9. Question: Same question about the power pole at the intersection of 251' Ave and 42nd street on the northeast corner? Answer: Utility relocation is not expected forthis location. If necessary, the proposed swale can be adjusted during construction at the direction of the engineer. 10. Question: Please clarify— Plans show a pavement section with 1 % asphalt, 6" of base rock and 8" stabilized subgrade. The bid form has 1 %z" asphalt and optional base group 11(12" of base rock) and no stabilized subgrade. Are we bidding the items on the bid form? Answer: Plans have been updated and the bid form will remain the bidding quantity amount. Attachments: Construction Drawing: C-13, Drawing titled "Gifford Area Stormwater Project, Paving, Grading, and Drainage Detail' *************This Addendum must be acknowledged with submittal package and/or by return of this Acknowledgement with your submittal package ************ Company Name Johnson -Davis Inc. Name: Scott J. Johnson (Type / Printed) Authorized Signature: Telephone: 561-588-1170 Title: President Date: Email: sjohnson@johnsondavis.com ESR .IT Am � PRwIDE Il SLWC AS RE0'D PPOVI➢E TRENCN tl?Y AS RCO'D !1X15160 (FARE 11IR11ED M4INTNN TRER[X �' '1 M�1100 TO AENIEVE TDP d z.:' b vox ffWA[TDR+ TDP P1PE hyS xSXDw vATEa - EFVFL N1wA0tE •• \/ LA1 1.-MLrxa RucnrN OOD& E BERO[K' IC IVC IF � PEA I✓flCX vIQRE' WCt$TURBED [NDITIDNS REOo1RE W SDEL TRE Oi ELEVATION NOTES I a Awnwe. u uaw rmnR' wren[. oW,• T. IT w Ih . ![A.[RvWL n_vc tPD1AN RIv6l1 COUNTY TRENCH DETAIL DEPARTLlM 01 xlrnmry eaanLr_r (UNPAVED EASEMENTS) M -I TIE- v10TX KEWINI[ALLG TRENLTI VIm --E -TPV- 6 � y 4 \4l� tDSEECNO-IELTA Ba 4- �T}Y' :.'t r'�i r.. LIf ER]:S D.SE IN ] LIlTS AT 90X f' dAE) U106 '0 - IEEE M]}E 65 xx MAXIMAL VAf[RLLVEL p@ -1✓i, ' ppI -1 L_-LAYEARf QSdIFICi1W I .. �":Y AT 90X .• D:A SIDO�zL RDE[—�— NP[; PDG( VKRE CgImq REURRx'. Iz• PIPE (iz• D ' WOISMt9ED SOR .. aacx vlmM ELEVATION NOTES A. TI AT T. =.T-day .amu rr H�`.nrsE w aoAou Er nwT� I 1aAm d ' INolnl: ""ER Cp1RrzT EPAdvrFT DP TRENCH DETAIL ^� V:WT059[RYICE9 (PAVED AREAS 6 SMOULDERS) IM -2 Ix xDL�Fm�E�Dw¢ Ga..c �CRAwi mnvD c [ ¢ {—y G.S�Re AVNLLi I rA rL f:Smw.R.e-dwc ravasn wv-m.w PAVEMENT SAW -CUT AND BUTT JOINT f�y� µ•rd v�eeaE rlv�,- u.. w.......ru... I �1J1-.--_� ... 1 •� � I .. SINGLE ANO MULTIP[E ELLIPTICAL CONCRETE PIPE mlvuvT � J, �I.- Y•.' OE OR090 DRAW IIYrtSReD DND 9DCCIO*i DI .v/D WLGti D�'fAG:. emerasT 9 ` oev - a VM TYPE 'C' CATCH BASH 5} c+P Dt•!+sa15 L r!mr nA.. ERI zJin 4u �pw st >Ka ■� ■Y�� a a ISI w y=- Wsv ®OW2Pi 0 Z Q J q Z go W 0 Z Q � a a �LU LU QQLLI U Ocr0 H -0E8 C13 15 16127 REXELE PAVEMENT SECTION KT ________ --__-- �CRAwi mnvD c [ ¢ {—y G.S�Re AVNLLi I rA rL f:Smw.R.e-dwc ravasn wv-m.w PAVEMENT SAW -CUT AND BUTT JOINT f�y� µ•rd v�eeaE rlv�,- u.. w.......ru... I �1J1-.--_� ... 1 •� � I .. SINGLE ANO MULTIP[E ELLIPTICAL CONCRETE PIPE mlvuvT � J, �I.- Y•.' OE OR090 DRAW IIYrtSReD DND 9DCCIO*i DI .v/D WLGti D�'fAG:. emerasT 9 ` oev - a VM TYPE 'C' CATCH BASH 5} c+P Dt•!+sa15 L r!mr nA.. ERI zJin 4u �pw st >Ka ■� ■Y�� a a ISI w y=- Wsv ®OW2Pi 0 Z Q J q Z go W 0 Z Q � a a �LU LU QQLLI U Ocr0 H -0E8 C13 15 16127 Notice is hereby given that the Indian River County Board of County Commissioners is calling for and requesting bids for the following: Indian River County Bid # 2018045 Gifford Area.Stormwater Project IRC -1502 Detailed specifications are available at: www.demandstar.com or by contacting the Purchasing Division at (772) 226-1416 or purchasing@ircgov.com. Deadline for receipt of bids has been set for 2:00 PM on Tuesday. March 27, 2018. Only bids received on or before the time and date listed will be considered. Bids should be addressed to Purchasing Division, 1800 27th Street, Vero Beach, Florida 32960. All bids will be opened publicly and read aloud at 2:00 PM. Bids submitted after 2:00 PM on the day specified above, will not be accepted or considered. BID SECURITY in the sum of not less than five percent (5%) of the total bid must accompany each bid. The Board of County Commissioners reserves the right to accept or reject any and all bids in whole or in part and to waive any technicality or irregularity. PURCHASING MANAGER INDIAN RIVER COUNTY Publish: For Publication in the Indian River Press Journal Date: Sunday, March 4, 2018 Please furnish Tear Sheet, Affidavit of Publication, and Invoice to: Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 General Terms and Conditions Cone of Silence. Potential bidders/respondents and their agents must not communicate in any way with the Board of Commissioners, County Administrator or any County staff other than Purchasing personnel in reference or - relation to.this solicitation. This restriction is effective from the time of bid advertisement until the Board of County Commissioners meets to authorize award. Such communication may result in disqualification. Sealed Bids and Envelope Markings: All bids must be submitted in a sealed opaque envelope. The outside of the envelope must be clearly marked with the Sealed Bid #, Title of the Bid, Date of the Bid opening, and Time of the Bid Opening and name of firm submitting. Opening Location: It will be the sole responsibility of the Bidder to deliver personally or by mail or other delivery 'service, their proposal to the office of the Indian River County Purchasing Division. Bids should be delivered to 1800 27d' Street, Vero Beach, FL 32960, on or before the closing hour and date shown for receipt of bids. Bids received in person or by mail after the stated time and date will not be considered. Bid Submission: All bids must be signed with the legal Firm name and by an Officer or employee having authority to bind the company or firm by his / her signature. Bids must be submitted on forms provided by Indian River County. Bids notsubmitted on the attached form(s) shall be rejected. Submittal of one marked original bid and one copy is required unless otherwise instructed. Bid Security and Public Construction Bond. Bid security must accompany each Bid and must be in the form of an AIA Document A310 Bid Bond, properly executed by the Bidder and by a qualified surety, or a certified check or'a cashier's check, drawn on any bank authorized to do business in the State of Florida. Bid Security must be in the sum of not less than five percent (5%) of the total amount of the bid, made payable to Indian River County Board of County Commissioners. In the event the Contract is awarded to the Bidder, Bidder will enter into a Contract with the County and furnish the required 100% Public Construction Bond within the timeframe set by the County. If Bidder fails to do so, the Bid Security will be retained by the County as liquidated damages and not as a penalty. Bid Security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. Withdrawal of Bids: A bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time of opening of bids. If, within 24 hours after Bids are opened, any bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that bidder may withdraw its bid and bid security will be returned. Thereafter, if the work is rebid, that bidder may be disqualified from further bidding on the work. Direct Purchase: Indian River County reserves the option to purchase certain tangible materials necessary for the performance of the Contract, and thereby save the amount of the sales tax thereon by virtue of the Owner's status as a Tax -Exempt Institution. For the purpose of these procedures, the Contractor will assign to the County any rights the Contractor may have under quotes, contracts or commitments received from the particular vendor or supplier for the materials described in the requisition. -The invoiced amount of County Purchased Materials and applicable sales tax, had the purchases not been tax exempt, once finalized through the Owner's Purchase Order . Page.3 of 37 Bid N,6.2618045/IRC-1502 . and after confirmation of completed delivery and acceptance, will be deducted .from. the Contractor's Contract price via Change.Order. Taxes: Indian River County is exempt .from any taxes imposed by State and / or Federal Government. Exemption Certificates, if required, are'to, be furnished by the successful bidder and will be filled out by, the County. Delivery and Completion Dates: Indicate delivery and,completion dates. This may be a determining factor in the award of the bid. The County may, at its option, grant additional time for any delay or failure to perform hereunder if the delay will not adversely affect the best interests of the County and is due.to causes beyond the control of the Bidder. Such grant must be in writing and made part of the resulting Agreement. Irrevocable Offer: Bidder warrants by virtue of bidding that the prices quoted in this bid will remain firm and be considered an irrevocable offer for a period of sixty (60) -days; during which time one or more of the bids received may be accepted by Indian River County. Assignment/Delegation: No right, obligation or interest in an awarded Agreement may be assigned or delegated by the Bidder without prior written consent of the County, without prejudice to County's other rights and remedies. Consideration of Bids: Verbal, emailed or faxed bids will not be considered. Indemnification: The successful Bidder shall indemnify and hold harmless the County, and its commissioners, officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the contractor and persons employed or utilized by the contractor in the performance of the construction contract. Public Access: The Bidder shall allow public access to all documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. If this project is federally -funded, the Department of Homeland Security (DHS) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials shall not be used by the Bidder without specific FEMA pre -approval. Records/Audit The Bidder shall maintain books, ,records and documents pertinent to performance under this Invitation and any resulting Agreement in accordance with generally accepted accounting principles consistently applied. The County and the Florida Office of the Inspector General shall have inspection and audit rights to such records for audit purposes during the term of the contract .and for three years following the termination of obligations hereunder. Records which relate to any litigation, appeals or settlements of claims arising from performance under this work or purchase shall be made available until a final disposition has been made of such litigation, appeals, or claims. Permits, Impact and Inspection Fees. In accordance with Florida Statutes Section 218.80, the "Public Bid Disclosure Act", Indian River County as OWNER is obligated to disclose all license, permit, impact, or inspection fees that are payable to Indian River County in connection with the construction of the Work by the accepted bidder. All permit, impact, or inspection fees payable to Indian River County.in connection with the work on this County project will be paid by Indian River County, with the exception of re -inspection fees. The Bidder shall not include ANY PERMIT, IMPACT, NOR INSPECTION FEES payable to Indian River County in the bid. Descriptive Information: Descriptive literature including Specifications must accompany your bid: Manufacturer's name and model numbers are used herein solely for the purpose of establishing a standard of design, quality, and Page 4 of 37 use of the merchandise required. Products of other manufacturers will be acceptable if they meet `or exceed established standards with the exception of those items specified "NO SUBSTITUTION". Variations to Specifications: For purposes of evaluation, Bidder must indicate any variances from the specifications and/ or conditions on the form provided with this Invitation to Bid. Otherwise, it will be assumed that the product or service fully complies with the specifications. Items specifically described, as alternates shall be reviewed as an alternative bid to be considered by the County, .in Lieu of the primarily'specified item(s). However, item(s) varying from the published specifications shall be considered' substitutes, and the County reserves the right to consider or not to consider substitute bids. Substitutes shall be subject to disqualification if the County does not approve the substitution. Interpretations: No oral interpretations will be made to any Bidder as to the meaning of the Specifications. Every request for such an interpretation shall be made in writing, addressed and forwarded to Indian River County (purchasing@irceov.com) ten (10) or more days before the date fixed for opening of the bids. The'County shall not be responsible for oral interpretations given by any -County employee. Every interpretation made to bidder will be in the form of an Addendum to the specifications, -which if issued, will be sent promptly as is practical to all persons to whom specifications have been issued. All such Addenda shall become part of the specifications. Further, it shall be the responsibility of each bidder, prior to submitting their bid, to contact Indian River County's Purchasing Division at (772) 226-1416 to determine if addenda were issued and to make such addenda a part of their bid. Default Provision: In case of default by the Bidder, Indian River County may procure the articles or services from other sources and hold the Bidder responsible for excess costs incurred thereby, and may take such action, as it deems appropriate, including legal action for Damages or Specific Performance. Signed Bid Considered an Offer. This signed bid shall be considered an offer on the part of the Bidder. Indian River County Board of County Commissioners shall deem the offer accepted upon approval. Non -Collusion: By signing and submitting the Bid Form, the Bidder certifies that, • This bid has been arrived at by the Bidder independently and has been submitted without collusion, and Without any agreement, understanding, or planned. common course, or action with, any vendor of materials, supplies, equipment, or services described in the invitation to bid, designed to limit independent bidding or competition, and • The contents of the bid have not been communicated by the Bidder or its employees or agents to any person not an employee or an agent of the bidder or its surety on any bond furnished with the bid, and will not be communicated to any such person priorto the official opening of the bid. • No attempt has been made or will be made,by the Bidder to induce any other person(s) or firm(s) to submit or not to submit a bid for the purpose of restricting competition. Public Entity Crimes: Pursuant to Florida Statutes Section 287.133(2)(a), all Bidders are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity (defined as the State of Florida, any of its departments or agencies, or any political subdivision); may not submit a bid, proposal, or reply on .a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as'a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and Page 5 of 37 Bid No. 2018045/IRC71502 may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes .Section 287.017 for CATEGORY TWO [currently $35;000] for a period of 36 months from the date of being placed on the convicted vendor list. A "public entity crime" means a violation of any state or federal law by a person with respect to and directly related.to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public . building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. Suspension and Debarment: Indian River County will not make award to parties listed on the government' -wide exclusions in the System for Award Management (SAM). The Bidder agrees -to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. . Non -Discrimination: Indian River County will. not knowingly do business with vendors or contractors who discriminate on the basis of, race, color or national origin, sex, sexual orientation, gender identity, age and/or disability. Through the course of providing services to the County, Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act. of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the County's Title VI/Nondiscrimination Coordinator through the office of the County Attorney. Local Preference: Indian River County has no local ordinance or preferences, as described in Florida Statutes section 255.0991(2) in place, therefore no preference prohibited by that section will be considered in the acceptance, review or award of this bid. Energy Policy and Conservation Act — The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Regulations: It shall be the responsibility of the bidder to assure compliance with any OSHA, EPA and / or other Federal or State of Florida rules, regulations, or other requirements, as each may apply. Applicable Law and Venue: The resulting Agreement and all rights and duties of the parties hereto shall be governed by the laws of the State of Florida, including but not limited to the provisions of the Florida Uniform Commercial Code Chapters 671-679 F.S., for any terms and conditions not specifically stated within. 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. Conflict of Interest: Any entity submitting a bid or proposal or entering into a contract with the County shall disclose any relationship that may exist between the contracting entity and a County Commissioner or a County Employee. The relationship with a County Commissioner or a County Employee that must be disclosed is as follows: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter.=in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, . stepdaughter, stepbrother, stepsister, half-brother, half-sister, grandparent, or grandchild. The term "affiliate" includes those officers, directors, executives, partners,. shareholders, employees,'. members, and agents who .are Page 6 of 37 Bid .No. 2018045/1 RC -1502 active in the management of the entity. The, disclosure of relationships shall be a sworn statement made on a County,approved form. Failure to submit the form may be cause for rejection of the bid or proposal. Cancellation: It is the intention of Indian River County to purchase material and / or services from sources of supply that will provide prompt and convenient shipment and ,service. Any failure of the supplier to satisfy the requirements of the County shall be reason for termination of the award. Errors: When an error is made in the bid extension of generating total bid prices or in any other process of completing the bid, the original unit prices submitted will govern. Carelessness in quoting prices, or in preparation of the bid otherwise, will not relieve the bidder from performance. - Bid Rejection: Failure to comply with all the above instructions may result in rejection of the bid. Bid Protest: Any actual or prospective bidder or proposer who is aggrieved in connection with a competitive selection process may protest to the Purchasing Manager. The protest shall be submitted to the Purchasing Manager in writing within seven (7) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest. If the protest is not resolved by mutual agreement, the Purchasing Manager shall promptly issue a decision in writing, after consulting the Department and the Office of the County Attorney. Supplemental Information: The County reserves the right to conduct such investigations as it deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed subcontractors, suppliers, and other relevant parties to perform and furnish the work. To demonstrate qualifications to perform the work, each Bidder must be prepared to submit, within 5 days of Owner's request, written evidence, such as financial data, previous experience, present commitments, and other such data as may be necessary to prove to the satisfaction of the Owner that the Bidder is qualified by experience to do the work and is prepared to complete the work within the stated time period. Failure to provide any requested information may result in the determination of the Bidder as non -responsible. Awards: The County reserves the right to cancel the bid, reject any and all bids or waive any irregularity or technicality in bids received. When it is determined there is no competition to the lowest responsive, responsible Bidder, evaluation of other bids is not required. Bidders are cautioned to make no assumptions unless their bid has been evaluated as being responsive. The County reserves the right to not make any award(s) under this bid. Termination by the County: The County reserves the right to terminate a contract by giving thirty (30) days notice, in writing, of the intention to terminate, if at any time the contractor fails to abide by or fulfill any of the terms and conditions of the contract. The County also reserves the right to terminate this contract for convenience of the County and / or with or without cause. Compliance with Laws and Regulations: Bidder agrees that they will comply with all Federal, State, and Local Laws and Regulations applicable to the production, sale, and delivery of the goods or the furnishing of any labor or services called for by the resulting Agreement, and any provisions required thereby to be includedherein shall be deemed to be incorporated herein by reference. Noncompliance may be considered grounds for termination of contracts. Public Record Law: Correspondence, materials, and documents received pursuant to this Invitation for Bid become public. records subject to the provisions ,of Chapter 119, Florida. Statutes. Should the Bidder assert any exemptions to the requirements of Chapter 119, Florida Statutes, and related statutes, the burden of establishing such exemption, by the way of injunctive or other relief as provided by law, shall be upon the Bidder. Page 7 of 37 Bid No. 2018045/iRC-1502 Licensure: Bidder must possess. State of Florida General Contractor's license and be actively registered with the Indian River County Building Division. Insurance:, • Owners and Subcontractors Insurance: The Contractor shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by the Owner, nor shall the contractor allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved 'unless the subcontractor's work is,covered by the protections afforded by the Contractor's insurance. • Worker's Compensation Insurance: The Contractor shall procure and maintain worker's compensation insurance to the extent required by law for all their employees to be engaged in work under. this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the Contractor shall provide. adequate coverage for the protection of such employees. • Public Liability Insurance: The Contractor shall procure and maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The Owner shall be an additional named insured on this insurance on this insurance with respect to all claims arising out of the operations or work to be performed. Commercial General Commercial General (Public) Liability, A. Premises / Operations other than Automobile B. Independent Contractors C. Products / Completed Operations $1,000,000.00 Combined single limit D. Personal Injury for Bodily Injury and Property Damage E. Contractual Liability F. Explosion, Collapse, and Underground Property Damage Automobile A. Owner Leased Automobiles B. Non -Owned Automobiles $1,000,000.00 Combined single limit C. Hired Automobiles Bodily Injury and Damage Liability D. Owned Automobiles • Proof of Insurance: The Contractor shall furnish the owner a certificate of insurance in a form acceptable to the Owner for the insurance required. Such certificate or an endorsement provided by the Contractor must state that the Owner will be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement -naming owner as Additional Insured must accompany the Certificate of Insurance. Indian River County reserves the right to acceptor reject any or all bids in whole or in part and waive all any technicality or irregularity. Note: Any and all special conditions attached hereto, which may varyfrom these General Conditions, shall have precedence. End of General Terms and Conditions Bid No. 2018045%I11G1502' Technical Specifications Scope The project will consist of the drainage improvements in an area in Gifford bordered by 43'd Street to the north, 41st Street to the south, 28' Avenue to the west and'the F.E.C.R.R. (Florida East Coast Rail Road) tracks to the east. Drainage pipe and drainage structures will be added, swales will be re -graded and asphalt restoration will ' be performed. Other work to include earthwork, maintenance of traffic, erosion control and any other incidental work required to complete the project. The project shall conform to the applicable technical specifications of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 2015. Construction Drawings Sheet C-1—to C-15 sheets with the title "Gifford Area Stormwater Project" End of Technical Specifications i Indian River County Purchasing Division 180027th Street Vero Beach, FL 32960 Phone (772) 226-1416 604 { a.niana., i .ini~r �• 5x13-ii���, �ilCi•i8 �5 3 ! ! - �•�� � ''?611 �', --•,�-.7,. Bid Form Project Name: GIFFORD AREA STORMWATER PROJECT IRC -1502 Bid #: 2018045 Bid Opening Date and Time: Tuesday, March 27, 2108 at 2:00 P.M. Bid Opening Location: Purchasing Division 1800 27th Street Vero Beach, FL 32960 Project completion time after receipt of "Notice to Proceed" or PO: 90 DAYS The following documents must be submitted and made a condition of this Bid: A. Bid Form & Itemized Bid Schedule; (pages 10 to 12, inclusive, B. Required Bid security in the form of 5% Bond of toial bid amount C. Drug -Free Workplace Certification (page 14); D. Sworn Statement under Section 105.08, Indian River Code, on Disclosure of Relationships (pages 15 to 16, inclusive); E. Bidders Qualifications Questionnaire (pages 17 to 20, inclusive); F. Sworn Statement Under the Florida Trench Safety Act (pages 21 to 22, inclusive); G. List of Subcontractors (page 23) Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 Phone (772) 226-1416 ITEMIZED BID SCHEDULE PROJECT NAME: GIFFORD AREA STORMWATER PROJECT IRC PROJECT NOJBID NO.: 150212018045 BIDDER'S NAME: Johnson -Davis Inc. De`s�`c`Qf.1dr-W -1- 3 E., err E : t x . "mss F y, w 5 ;" ;Muant . *1"Wowl liitE ROADWAY IMPROVEMENTS 101-1 MOBILIZATION LS' 1 7,000 7,000 102-1 MAINTENANCE OF TRAFFIC LS 1 7,500 7,500 104-1 ARTIFICIAL COVERINGS! ROLL EROSION CNTL LS 1 1,500 1,500 110-1-1 CLEARING & GRUBBING LS 1 12,000 12,000 120-1 REGULAR EXCAVATION CY 490 17 1 8,330 285-7-11 OPTIONAL BASE,BASE GROUP 11 SY 250 20 5,000 334-1-11 SUPERPAVE ASPHALTIC CONC, TRAFFIC A, 1 -1/2" SP 12.5 TN 25 415 10,375 425-15-21 INLETS, DT BOT, TYPE C, <10' EA 13 2,500 32,500 430-174-215 PIPE CULV, 14!'x 23" ERCP LF 585 100 58,500 430-982-625 MITERED END SECT, 14" x 23" EA 1 1,700 1,700 530-3-4 RIPRAP, RUBBLE, F&I, DITCH LINING TN 15 140 2,100 570-1-2 PERFORMANCE TURF, SOD SY 3912 5 19,560 700-1-40 SINGLE POST SIGN, INSTALL EA 11 250 2,750 700-1-50 SINGLE POST SIGN, RELOCATE EA 11 150 1,650 1080-15 UTILITY FIXTURE, ADJUST& MODIFY EA 3 300 900 999-1 AS -BUILT DRAWING BY REGISTERED SURVEYOR LS 1 10,000 10,000 SUBTOTAL OF IMPROVEMENTS 181,365 FORCE ACCOUNT 30,000.00 TOTAL PROJECT BID (INCLUDING FORCE ACCOUNT) GIFFORD AREA STORMWATER PROJECT TOTAL 211,365.00 TOTAL PROJECT BID AMOUNT (IN WORDS): Two Hundred Eleven Thousand Three Hundred Sixty Five and Zero Cents NOTE: IF THERE IS A DISCREPANCY BETWEEN THE PLANS (SUMMARY OF PAY ITEMS) AND THE ITEMIZED BID SCHEDULE. THE BID SCHEDULE WILL GOVERN. LS = Lump Sum EA = Each SY = Square Yard TN = Ton CY = Cubic Yards. Page 11 of 37 . Indian River County Purchasing Division 1800.27th Street Vero Beach, FL 32960 Phone (772) 226-1416 The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Company Name: Johnson -Davis Inc. Company Address:- 604 Hillbrath Drive ' City, State Lake Worth, Florida Zip Code 33462 Telephone: 561-588-1170 Fax: 561-585-5252 E-mail: sjohnson@johnsondavis.co - Business Tax Receipt Number FEIN Number: 59-1753888 Authorized Signature: Date: 3/27/2018 Name: Scott J. Joh/on Title: President (Type / Printed) Page 12 of 37 The Contractor shall use the document form entitled "AIA Document A310 Bid Bond." t— ��AI Document A310TM - 2010 CONTRACTOR: (Name, legal status and address) JOHNSON-DAVIS INCORPORATED 604 Hillbrath Drive Lantana, FL 33462 SURETY: (Name, legal status and principal place of business) LIBERTY MUTUAL INSURANCE COMPANY 175 Berkeley Street Boston, MA 02116 OWNER: (Name, legal status and address) INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street, Vero Beach, FL 32960 BOND AMOUNT: Fivepercent of amount bid. (5. 5 . of Amount Bid) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. PROJECT: (ilfrnne, location: or address, and Projectnumber, if any) Gifford Area Storm Water Project Project Number, if any: The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material firmished in the prosecution thereof~, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid -to a Contractor, the tern Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed ' rporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not Tnolaw bond. Signed and scaled this 23rd day of March, 2018 JOHNSON-DAVIS I O Pi (Principal) (Seal) (Wi ess) - ., OO t7OS01 GG (Title) ffitneQ Elizabeth K. Sterling AIA Document AM0'"I — 2010. Copyright 61963,1970 and 2010 by The American Institute of Architects. All rights reserved. Attorney in Fact W :5 7 L v O O Ly N O Q 4 O O y0. C t0 m MLO 0 O O2 U > ` ZU THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7964058 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Stale of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Maria Signorile• Benjamin A Stahl• Elizabeth K Sterling; Wesley P Williams all of the city of Atlanta stale of GA . each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the.president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 15th day of December _ 2017 �iV IWSV �tF1sUR Puastr The Ohio Casualty Insurance Company 1919 1912 0 �` 1991 r Liberty Mutual Insurance Company io a r West American Insurance Company o= y�`r;•Hata,s�' {a D) �Ss�,�r,=' tS' '� n»v.,,� i' a ti ,ti By. ' �.*14 STATE OF PENNSYLVANIA ss David M. Care . Assistant Secretary COUNTY OF MONTGOMERY On this 15th day of December 2017 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. Sp- PAST COMMONWEALTH OF PENNSYLVANIA Q� 3ar ON WFv ��� Notarial Seat Y Teresa Pastella. Notary Public BY: Upper Marlon Twp.. Montgomery county Teresa Pastella, Notary Public yVp`svG My Commission Explres March 28.2021 OTgAy v� Member. Pennsylvania Association of Notaries This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS— Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations. Such altorneys4ri-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fad subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as.bidding as if signed ti r the president and attested by the secretary. Certificate of Designation — The Presidehi of the Company, acting pursuant.to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-m- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,. bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified. copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of'whiclY the foregoing is a full, true and coned copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. c IN TESTIMONY WHEREOF, I have hereunto seamy hand and affixed the seals of said Companies this r7-'.5 day of/I/la Y 1 , 20 6 tiJP ovjINSt" �JP1.trna•tr�ti-INSIJ. , c •r, oma- �- �^ 4..�` 4, r^ t,,.t�'�'" tJ�isd.�"' i"�+ 0 1919 n > 1912 3 1991 ° BY' o a Renee C. Llewe sistant Secretary 4. I nec »a•ry nrnrr 154 of 500 N rn d C .N 7 .Q Bid No. 2018045/IRC-1502 DRUG-FREE WORKPLACE CERTIFICATION (Please include this form with your bid) The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that Johnson -Davis Inc. does: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in'providingthe commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the.employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5. Impose a sanction -on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section 287.087. As the persouthorized to sign the statement, I certify that this firm complies fully with the. above requires Inc. Com Bidder's Signatu Date: 3/27/2018 Bid No. 2018045/IRC-1502 SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement'MUST be submitted with Bid, Proposal or Contract No. 2018045 for Gifford Area Stormwater Project 2. This sworn statement is submitted by: Johnson -Davis Inc:. (Name of entity submitting Statement) whose business address is: 604 Hillbrath Drive: Lantana,FL 33462 and its Federal Employer. Identification Number (FEIN) is 59-1753888 3. My name is Scott J. Johnson (Please print name of individual signing) and my relationship to the entity named above is. President 4. 1 understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are,active in the management of the entity. 5. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in- law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, grandparent, or grandchild. Page 15 of 37 Bid No. 2018045/IRC-1502 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.) X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: Name of Affiliate Name of County Commissioner Relationship or entity or employee N/A (Signature) (.Date) STATE OF F7I0Ct da COUNTY OF PAM &_DZI A . The foregoing instrument was acknowledged before_ me this 29 day of 0qACk 20 by SCO.,�t��1YLS0n• ,who is personallvlcnown to me or who has produced as identification. NOTARY PUBLIC ?off; ?�avc YAMILM HOFFMAN * * MY COMMISSION# GG 021599 SIGN: �-�, �^.,�<< EXPRES:August1S,2020 a_ ��OFF�°� ����etNotarySe�vloes PRINT: YYl t�� Notary Public, State at large My Commission Expires: 'S h rl2ozo Bid No. 2018045/IRC-1502 BIDDERS 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: IRC -1502 Project Name: GIFFORD AREA STORMWATER PROJECT 1. Bidder's Name /Address: Johnson -Davis Inc. 604 Hillbrath Drive. Lantana; FL 33462 2. Bidder's Telephone ,& FAX Numbers: Phone: 561-588-1170 Fax:561-585-5252 3. Licensing and Corporate Status: a. Is Contractor License current? Yes. b. Bidder's Contractor License No: ' cuc043067 [Attach a copy of Contractor's License to the bid] C. Attach documentation from the State of Florida Division of Corporations that indicates the business entity's status is active and that lists the names and titles of all officers. 4. Number of years the firm has performed business as a Contractor in construction work of the type involved in this contract: 40 years 5. What is the last project OF THIS NATURE that the firm has completed? - Sarno Lakes Phase 2 6. Has the ,firm ever failed to complete work awarded to you? 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 the firm failed to complete, the work.] 7. Has the firm ever been assessed liquidated damages? No [If your answer is "yes", then'aftach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed.] 8.' - Has the firm ever been charged by OSHA for violating any OSHA regulations? 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 OSHA -violations were alleged.] Page 17 of 37 i ANNE M. G A.N N O N P.O. Box 3353, West Palm Beach, FL 33402-3353 "LOCATED AT" CONSTITUTIONAL TAX COLLECTOR www•pbetax.com Tel: (561) 355-2264 604 HILLBRATN DRIVE Serving Prrlrn Beach Connly LANTANA, FL 33462-1656 Serving you. TYPE OF BUSINESS OWNER CERTIFICATION@ RECEIPT 111DATE PAID AMT PAID BILL@ 23-0097 UNDERGROUND UTtUTY&EXCAVATION JOHNSON SCOTTJ CUC0430ST 817.483948-0724117 599.00 840141078 This document is valid only when receipted by the Tax Collectors Office. STATE OF FLORIDA PALM BEACH COUNTY 2017/2018 LOCAL BUSINESS TAX RECEIPT 133-59 JOHNSON DAVIS INC LBTR Number: 199306319 JOHNSON DAVIS INC EXPIRES: SEPTEMBER 30, 2018 604 HILLBRATH DR LANTANA, FL 33462-1656 This receipt grants the privilege of engaging in or 11111111111 I lilts I1I1tt111 I IR,i I I III managing any business profession or occupation i 111 I t u within its jurisdiction and MUST be conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION -` CONSTRUCTION INDUSTRY LICENSING BOARD 'cob.., ` 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783 JOHNSON, SCOTT JAMES JOHNSON - DAVIS INCORPORATED 604 HILLBRATH DRIVE LANTANA FL 33462 Congratulations With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Oui• 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 leam more about the Department's initiatives. Our mission at the Department is: Licerise Efficiently, Regulate Fairly.. We constantly strive to serve you'better so that you can serve your customers. Thank you for doing business in Florida, and congratulations'on your new license! (850) 487-1395 .- -STATE O,F FLORIDA 4 DEPARTMEIOF_BUSINESSAND hR PROF SSICQ EGULA710.N ;.�; is •• .- `''. - , �,- __ CUC0.43087' 0. - S2t5 °; 08125/2016 CERT` UNDEP:fIf. i�,Bk EXCj�(TR N. JOHI�ISOK.S _ ,�4 HtYM.:iI..,; J JOHNSON - D'j31f NGD,i? TED ��� _ _ .�r•���yk�.• ter.:-� � • Si • ' ' ' � -` ^ � —;.. `o#*Prz1 •';:'';�,-� awn, ^' ' .. 66R, fYTIF16U yndPt the p�o.vislons of-Ch.489• FS: ••. --.; :'Ex�t�p6n dale �;; AUG.31; 2U]8•- ..., ; _ - L1608250Q02599 _ . DETACH HERE RICK SCOTT, GOVERNOR KEN LAWSON, SECRETARY _ — g - - - - - .- _ T ATE:OF'f LaRIDA •- �..: .-I EPAkTMENT OF BUSINESS AND PROFESSIONAL REGCt(.ATION . _: . :• ...-CONSTKUCTION`LND.USTRY U*btNSING BOARD; Y - • W9943087- _. : - - - - - as }v _ The-UNbERGROUND-UTI LITY&-•EXCAVATION„OQ I Ndmed below I--CERTIF-IEO.:' Under tie ,provfsions.of CIia--tei,48R FS:` _ Ex�kr iod,date:=:AC1G$1' 209,8.:- JOHNSON -T JAMES JOHNSON:- DA1/IS"1iC0'` TED 604'HILL8RATH-bR LAN DANA' � 'wap- �� `� - - ``�`` r:k i - 4% ME , SEEM �~ .'ic"`c"C'n�vq°�•y, _ -., y'•y' •. `• 1,'•t'•.. •. _.._. - ISSUED: 08/25/2016 ^� tJI�PL�YAS'R i71i ED'$Y L� �SEQ# L1608 50,002589 ::. y lil.)i-th f✓rt'd61 .. ` 1ic �{ Irl 7>✓ Bid No. 2018045/IRC-1502 9. Has the firm implemented a drug-free workplace program in compliance with Florida Statute 287.087? Yes (In the case of a tie, preference will be given to businesses with drug-free workplace programs). 10. Has the firm ever been charged with noncompliance of any public policy or rules? 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.] 11. Attach to this questionnaire, a notarized financial statement and other information that documents the firm's financial strength and history. 12. 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.] 13. Attach a separate page to this questionnaire that summarizes the firm's current workload and that demonstrates its ability to meet the project schedule. 14. Name of person who inspected the site of the proposed work for the firm: Name: Scott J. Johnson Date of Inspections: 3/20/2018 15. Name of on-site Project Foreman: David Reid Number of years of experience with similar projects as a Project Foreman: 15 16. Name of Project Manager: Clark Cryer Number of years of experience with similar projects as a Project Manager: 5 17. State your total bonding capacity: $80,000,000 18. State your bonding capacity per job: $25,000,000 19. Please provide name, address, telephone number, and contact person of your bonding company: Agent: Maria Signorile Aon Risk Seances South, Inc 3550 Lenox Rd. NE, Suite 1700 Atlanta, GA 30326 Page 18 of 37 EMPLOYEE PROFILE William Clark Clifford Cryer EDUCATION: B.S. — Business Administration, Real Estate and Construction Management Major University of Denver, Denver, CO EXPERIENCE: 2014 — Present Johnson -Davis Inc., Lantana, FL Project Manager Underground utility construction contractor specializing in water, sewer, storm drainage systems, as well as highway and road construction. Company representative at pre -construction and project meetings. Order materials, billing, and job coordination for private and public utility projects. 2013-2014 Johnson -Davis Inc., Lantana, FL Superintendent Liaison between Project Manager and Foremen overseeing field operations of storm drainage, sanitary sewer, water, and force main crews. 2012-2013 Johnson -Davis Inc., Lantana, FL Foreman Field supervisor responsible for 7 to 10 person crew installing storm drainage, sanitary sewer, water, and force mains. 2011-2012 Johnson -Davis Inc., Lantana, FL Punch Out Crew Leader and Skilled OTHER CERTIFICATIONS: OSHA 30 hour Construction Health and Safety Course Florida DOT Maintenance of Traffic Advanced Certification ;0HNS0I,q--DAVI,S, INC.. W4 1-fillbrait'n Drivc-i Lantana, FL 3346"' rhcme (56 170' .5 585-52. 2 19.. Complete the following table for SIMILAR projects: Bid No. 2018045/IRC-1502 Name of Project Date Completed Owner Contact Person: Name/ Email Address/Phone Original Contract Amount Final Contract Amount See attached Page 19 of 37 JOHNSON DAVIS INC. 604 Hillbrath Drive, Lantana FL 33462 561-588-1170 COMPLETED PROJECTS Project Name Sarno Lakes Phase II Final Contract Amount $3,158,963.00 Description of Project Construction of a master drainage system to relieve flooding in the Sarno Lakes area of Brevard County. 6961f 48" C.I.P.P liner was installed beneath 195 to provide corrosion protection for steel casing. Liner Subcontractor; Layne Inliner Type of Contract Prime Contractor Owner Brevard County B.O.C.0 Address 2725 Judge Fran Jamieson Way Viera, FL 32940 Contact Bach V. McClure P.E 321-633-2016 bach.mcclure brevardcounty.us JOHNSON DAVIS INC. 604 Hillbrath Drive, Lantana FL 33462 C^.kLl^"•..�"._Il"I��CC.3'S^t:�^5'..L"`.'.¢S'FS3�81.'P�.'�£'iSSSi ..5"...�5^xS.i:. _ - _ .: �....-.�.o: � ET �'h'!f,RtfL':ffiiY=.i ���SPiAi�.^_.'°..Yfi:.C3"S^v�3'^ i! TS.�Y.. 3^�:SSx"^••�-:x:^c-•:.4Cw'S'CCS4529SPSr. 561-588-1170 COMPLETED PROJECTS Project Number 11019 Project Name Park Trail Acres Drainage Imrpovements Final Contract Amount $633,648.98 Description of Project Repair and Installation of storm drainage facilities Type of Contract Prime contractor Completion date June 2014 Owner City of Fort Pierce Address 100 N. U.S 1, Fort Pierce, FL 34950 Contact Ms. Tracy Telle Ph.: (772) 467-3000 ttelle@city-ftpierce.com ATTACHMENT B Job 41118 CONTRACTOR: Johnson -Davis Inc. PROJECT NAME: Turnpike -All Electronic Tolling Phase 43 (MP 49 to 54) i ! PROJECT DESCRIPTION: installation of storm drainage and water distribution associated with construction of electroic Turnpike tolling on the Florida ! LOCATION OF PROJECT: Miami -Dade County . OWNER'S NAME AND ADDRESS: FDOT -Turnpike District Turkey LakeService Plaza, MP 263, Bldg 5315, Ocoee, FL 34761 OWNER'S REPRESENTATIVE AND ROLE: Halley Engineering Contractors, Inc. - General Contractor OWNER'S REPRESENTATIVE'PHONE: I ! 305-883-0055 Michael Halley, P.E. TYPE OF PROJECT (NEW OR REHAB): New PROJECT DURATION (NOTICE TO PROCEED—FINAL COMPLETION): i i 12/01/2014 — 4/01/2016 490 days YEAR COMPLETED: 2016 7 ORIGINAL CONTRACTAMOUNT/FINAL CONTRACT AMOUNT: 253,649.00/ 266,417.28 I AMOUNT OF CHANGE ORDERS AND COST: CO #01 +12,768.28 P:\Environmental Services\Contractor PreQuai Submittals\2011 Prequal Meetings\8-29-2011\prequal a I p changes 1 Ii J1 { I AT'T'ACHMENT B Job 41105 j CONTRACTOR: Johnson -Davis Inc. . ! PROJECT NAME: I Design Build SR -7/ US -441 Broward County i it PROJECT DESCRIPTION: f FIN, No.: 227775-1-52-01 & 227775-1-56-01, Contract E4N82, CAC job # 6838 Construct new�sanitary sewer, storm drainage, and water main for the reconstruction.of-SR7 in Broward County. _ LOCATION OF PROJECT: { Broward County OWNER'S NAME AND ADDRESS: Florida Department of Transportation, 604 Suwannee Street, Tallahassee, FL 32399-0450 I OWNER'S REPRESENTATIVE AND ROLE: Rodolfo Hoyos, P.E. Progressive Design & Engineering 10891 La Reina Road, Suite 100, Delray Beach, FC33445 i OWNER'S REPRESENTATIVE PHONE: I 561-498-2304 TYPE OF PROJECT (NEW OR REHAB): i New i PROJECT DURATION (NOTICE TO PROCEED -- FINAL COMPLETION): j 10/02/2014- E YEAR COMPLETED: ! Ongoing project t ORIGINAL CONTRACT AMOUNT/FINAL CONTRACT AMOUNT: 5,870,017.00 / i I . i AMOUNT OF CHANGE ORDERSAND COST: ! CO # 07- increase of 1,123,525.90 P:\Environmental Services\Contractor PreQual Submittals\207.1 Prequal Meet1ngs\8-29-2011\prequa1 ap 1 changes 1, i , s W. ATTACHMENT B Job 41188 CONTRACTOR: Johnson -Davis Inc. E PROJECT NAME: SR 710- Beeline Hwy, Contract FDOT NO.: T-4418 I PROJECT DESCRIPTION: FIN # 229896-1-52-01,229896-1-56-04 & 229896-1-56-05 FAP #:65600140 Installation of new sanitary sewer, storm drainage, and water main associated with the reconstruction of SR -710 in Riviera Beach LOCATION OF PROJECT: 1 Palm Beach County I s OWNER'S NAME AND ADDRESS: I Florida Department of Transportation, 604 Suwannee Street, Tallahassee, FL 32399-0450 OWNER'S REPRESENTATIVE AND ROLE: Kimley-Horn and Associates Inc. 1221 Brickell Ave., Suite 400, Miami, F: 33131 Burt Baido, P.E. W, i i I OWNER'S REPRESENTATIVE PHONE: 305-673-2025 TYPE OF PROJECT (NEW OR REHAB): i PROJECT DURATION (NOTICE TO PROCEED — FINAL COMPLETION): j 10/19/2015- " ! ! YEAR CO M PLETED: Ongoing project ORIGINAL CONTRACT AMOUNT/FINAL CONTRACT AMOUNT: # 4,518,955.00 / AMOUNT OF CHANGE ORDERS AND COST: CO # 03- decrease of 6,848.62 (fuel adjusts) P:\Environmental Services\Contractor PreQual Submittals\2011 Prequal Meetings\8-29-2011\prequal app changes _ ;,�>,;;;?., ''•, 4 � moi',:•'_ i7U 252 [NOTE: If requested by the County, the Bidder shall furnish references, and sufficiently comprehensive to permit an appraisal of its abilities as a contract By: _L Bid No. 2018045/IRC-1502 (Signature) ion or Title) 3/27/2018 (Date) [END OF BIDDERS QUALIFICATIONS QUESTIONNAIRE] Page 20 of 37 Bid No. 2018045/IRC-1502 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. 1. This Sworn Statement is submitted with Project No. IRC -1502 for GIFFORD AREA STORMWATER PROJECT 2. This Sworn Statement is submitted by Johnson -Davis Inc. (Legal Name of Entity Submitting Sworn Statement) 604 Hillbrath Drive. Lantana, FL 33462 , , hereinafter "BIDDER". The BIDDER's address is BIDDER's Federal Employer Identification Number (FEIN) is 59-1753888 3. My name is Scott J. Johnson and my relationship to the BIDDER (Print Name of individual Signing) is President (Position or Title) 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.seo. Florida Statutes and refer to the applicable Florida Statue(s) and/or OSHA Regulation(s) and 'include the "effective date" in the citation(s). Reference to and compliance with the applicable Florida Statute(s) and OSHA Regulation(s) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 5. The BIDDER assures the OWNER that it will comply with the applicable Trench Safety -Standards. A 6. The BIDDER has allocated and included in its bid the total amount of $ based on the linear feet of trench to be excavated over five (5) feet deep, for compliance with the applicable Trench Safety Standards, and intends to comply with said standards by instituting the following specific methodis) of compliance on this Project: The determination of the appropriate method(s) of compliance is the ,complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness, or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 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 Page 21 of 37 Bid No. 2018045/IRC-1502 requirements and intends to comply with said shoring requirements by instituting the following specific method(s) of compliance on this Project: The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no 'responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 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. /7 BIDDER: Johnson -Davis Inc. By: Scott J. Johnson Position or Title: Presid t Date: 3/27/2018 STATE OFF] Df 4C>% COUNTY OF vvl c5 ohwSt� Personally appeared .before me, theundersigned authority, c �• whoa tger first being worn y me, affixed his/her signature in the space provided above on this 2 day of Vct.l; 12016.. o ruesYAMILETH HOFFMAN . ap /c MY COMMISSION # GG 021596 No ary Public, State at largdj �% �OFFL�xlsEs:auc�5,zozoMy Commission Expires: BorWW7? 8W00IN0WYSeMoas Hillbral, F�rtve 3.►��«<�='F-} . es.-I1'?lj Bid No. 2018045/IRC-1502 ,H inne 5C O 588 i List of Subcontractors The Bidder MUST list below the name and address of each Subcontractor who will perform work under this Contract in excess of one-half percent of the total bid price, and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Bids, additions, changes or substitutions will not be allowed unless approved by Indian River County after a request for such a change has been submitted in writing by the Contractor, which shall include reasons for such request. Subcontractors must be properly licensed and hold a valid Certificate of Competency. Documentation Submitted with Project No.IRC-1502-for GIFFORD AREA STORMWATER PROJECT: Work to be Performed Subcontractor's Name/Address Portion of Work 1 Paving Precision Paving & Excavation 3479 S. US Hwy Unit 19 Ft -Pierce, FL 34982 4% 2. 3. 4. 5. 6. 7. 8. 9. 10. ' t i Bid No. 2018045/IRC-1502 Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Johnson -Davis, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The project will consist of the drainage improvements in an area in Gifford bordered by 43'd Street to the north, 4150 Street to the south, 28th Avenue to the west and the F.E.C.R.R. (Florida East Coast Rail Road) tracks to the east. Drainage pipe and drainage structures will be added, swales will be re- graded and asphalt restoration will be performed. Other work to include earthwork, maintenance of traffic, erosion control and any other incidental work required to complete the project. The project shall conform to the applicable technical specifications of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 2015. ARTICLE 2 -THE PROJECT 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: Bid Number: Project Number: Project Address: ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence GIFFORD AREA STORMWATER PROJECT 2018045 IRC -1502 43rd Street to the north, 41" Street to the south, 28th Avenue to the west and the F.E.C.R.R. (Florida East Coast Rail Road) tracks to the east.. Vero Beach. Florida 32967 A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 90th day after the date when the Contract Times commence to run. 3.03 Liquidated Damages Page 24 of 37 Bid No. 2018045/IRC-1502 A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $958.00 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.6, 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 Documents: Numerical Amount: $ 211,365.00 Written Amount: Two hundred eleven thousand three hundred sixty-five dollars ARTICLE 5 PAYMENT PROCEDURES 5.01 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Bid and Specification 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. Page 25 of 37 Bid No. 2018045/IRC-1502 5.02 Pay Requests. A. Each request for a progress 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. 5.03 Paragraphs 5.01 and 5.02.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. 5.04 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement 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 this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 — Performance, Payment and Other Bonds 6.01 Within fifteen (15) days of receipt of the Contract Documents for execution, the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100% of the Contract Price. If bid does not exceed $100,000, no Public Construction/Payment or Performance Bond will be required. A. In lieu of the Public Construction Bond, the CONTRACTOR may furnish an alternative form of security in the form of cash, money order, certified check, cashier's check, irrevocable letter of Page 26 of 37 Bid No. 2018045/IRC-1502 credit or a security as listed in Part 11 of F.S. Chapter 625. Any such alternative form of security shall be for the same purpose, and be for the same amount andsubject to the same conditions as those applicable ,to the bond otherwise required. The determination of the value of an alternative form of security shall be made by the OWNER. B. Such Bond shall continue in effect for one (1) year after acceptance of the Work by the OWNER. C. The OWNER shall record the Public Construction Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue, Vero Beach, Florida 32960. ARTICLE 7 -INDEMNIFICATION 7.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its commissioner, officers, employees, and agents, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid 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 obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning. conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. 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. Page 27 of 37 Bid No. 2018045/IRC-1502 G. 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. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: (1) Invitation to Bid 2018045; (2) CONTRACTOR'S Bid Form (pages 10 to 12, inclusive); (3) Bid Bond (page 13); (4) Drug Free Workplace Form (page 14); (5) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 15 to 16, inclusive); (6) Bidders Qualifications Questionnaire (pages 17 to 20, inclusive); (7) Sworn Statement Under the Florida Trench Safety Act (page 21 to 22, inclusive); (8) List of Subcontractors (page 23); (9) Sheet C-1— to C-15 sheets titled "Gifford Area Stormwater Project" (10) This Agreement (pages 24 to 32, inclusive); (11) Public Construction Bond (pages 33to 35 inclusive); (12) Certificates of Liability Insurance (page 36); (13) Notice to Proceed (page 37); (14) Addenda (if applicable) t to —L; Page 28 of 37 Bid No. 2018045/IRC-1502 (15) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. Page 29 of 37 Bid No. 2018045/IRC-1502 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian -River -County -Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article 11 - TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: Page 30 of 37 Bid No. 2018045/IRC-1502 (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. (6) if CONTRACTOR fails to pay subcontractors, materialman and/or suppliers on a timely basis. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. Page 31 of 37 Bid No. 2018045/IRC-1502 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on May 1 , 2018 (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: By: By: APPROVEQ AS O FORM AND G L ICIENCY: CBy• „ Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: James W. Ennis,.P.E., PMP Title: County Engineer Address: 180127th Street Vero Beach, Florida 32960 Phone: (772) 226-1221 Email: iennis@ircgov.com Page 32 of 37 CONTRACTOR: (Contractor) 0 SEAL) Attest apis 'PP���•`au„ocn0648166C9��0 Address for giving notices: License No. dZe C 043,907 z (Where applicable) Agent for service of process: Aoi—/ Designated Representative: Name: Acte- k!'416-6fl— Title: Address: Phone: o -- Email: 1,he l a e* (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) CORPORATE RESOLUTION OF JOHNSON-DAVIS INCORPORATED WHEREAS, it is in the best interests of this corporation to enter into a contract with the INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida for Project Name: Gifford Area Stormwater Project (specify the nature of the contract). NOW THEREFORE, IT IS RESOLVED, that the Vice President, Robert A. Hopler (specify authorized officer; e.g. President, Vice President, Treasurer, followed by printed name of officer) of this corporation is hereby authorized and empowered on behalf of the corporation to enter into a contract with the INDIAN RIVER COUNTY, in consideration of Two Hundred Eleven Thousand Three Hundred Sixty -Five Dollars ($211,365.00), upon the terms and conditions contained in the proposed contract, a copy of which is attached hereto as Exhibit A, and made a part hereof. CERTIFICATE OF RESOLUTION I, Christopher Johnson, secretary of JOHNSON-DAVIS INCORPORATED (name of corporation), a Florida corporation, or a corporation founded in the State of Florida , and authorized by the Secretary of State, State of Florida, to conduct business in the State of Florida, hereby.certify that the foregoing is a full, true, and correct copy of the resolution of the Board of Directors of the corporation, duly and regularly passed and adopted at a meeting of the Board duly called and held in all respects as required by law, and by the bylaws of the corporation, on the 7th day of May, 2018, at which meeting a quorum of the Board was present. Executed by me as secretary of the corporation on this. '-'�7 day of�'� 20 1 Signature of f ry, Christopher Johnson Name of Secretary printed or typed Bid No. 2018045/IRC-1502 PUBLIC CONSTRUCTION BOND INSTRUCTION FOR PUBLIC CONSTRUCTION BOND The front or cover page to the required public construction/payment and performance bond shall contain the information required by Fla. Stat. 255.05(1)(a), and be substantially in the format shown on the first page following this instruction. The Public Construction Bond shall be in the form suggested by Fla. Stat. 255.05(3) as shown on the second page following this instruction. A Power of Attorney from a surety insurer authorized to do business in Florida, authorizing the signature of the Attorney in Fact who executes the Public Construction Bond shall accompany that Bond. Page 33 of 37 3120180029825 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3116 PG: 1733,5/15/201811:14 AM Page 34 of 37 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Bid No. 2018045/IRC-1502 Public Work F.S. Chapter 255.05 (1)(a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. BOND NO: 016215860 CONTRACTOR NAME: Johnson -Davis Inc. CONTRACTOR ADDRESS: 604 Hillbrath Drive Lantana, FL 33462 CONTRACTOR PHONE NO: (561) 588-1170 SURETY COMPANY NAME: Liberty Mutual Insurance Company SURETY PRINCIPAL 175 Berkeley Street. BUSINESS ADDRESS: Boston, MA 02116 SURETY PHONE NO: (617) 357-9500 OWNER NAME: Indian River County OWNER ADDRESS: 1800 27th Street Vero Beach, FL 32960 OWNER PHONE NO: (772) 226-1416 OBLIGEE NAME: Indian River County (if contracting entity Is different from the owner, thecontracting public entity) OBLIGEE ADDRESS: 1800 27th Street Vero Beach, FL 32960 OBLIGEE PHONE NO: (772) 226-1416 BOND AMOUNT: $211,365.00 CONTRACT NO: Bid No. 2018045/IRC-1502 (If applicable) DESCRIPTION OF WORK: GIFFORD AREA STORMWATER PROJECT Bid Number: 2018045; Project Number: IRC -1502 PROJECT LOCATION: 43rd Street to the north, 41 st Street to the south, 28th Avenue to the west and the F.E.C.R.R. (Florida East Coast Rail Road) tracks to the east., Vero Beach, Florida 32967 LEGAL DESCRIPTION: (If applicable) FRONTPAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. Page 34 of 37 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK BK: 3116 PG: 1734 Bid No. 2018045/IRC-1502 PUBLIC CONSTRUCTION BOND Bond No. 016215860 (enter bond number) Liberty Mutual 175 Berkeley Street BY THIS BOND, We Johnson -Davis Inc. as Principal and Insurance Company , Boston, MA 02116 a corporation, as Surety, are bound to Indian River County___, herein called Owner, in the sum of $211,365.00 , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated May 1, 2018, between Principal and Owner for construction of Gifford Area Stormwater Proiect , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in. the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time = limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any ,.forrgaIiii6s. connected with the contract or the changes does not affect Surety's obligation under this bond: DATED ON May 3, 2018 Jo :�. Y � 21-05� Name of Princi paVr rQer,f,el!N`t By Maria Sig orile, (ALAttornev i ct) Liberty Mutual Insurance Cotn(ianq,J; a" - (Name of Surety) `. rte.,,,• � t'�i. ,('• ��i � fl 1 • «y Page 35 of 37 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK BK: 3116 PG: 1735 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7964321 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State, of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein. set forth, does hereby name, constitute and appoint, Maria Siqnorile; Benjamin A. Stahl; Elizabeth K. -Sterling Wesley P Williams all of the city of Atlanta state of GA, each individually if there be more than one named, its true and lawful attorney-in4act to make, execute, seal, acknowledge and deliver, for and on its behalf as surely and as its act and deed,:anyand all undertakings, bonds; Tacognizances and other surety obligations, in: pursuance of these presents and shall be as binding upon the Companies as if they, have;been duly signed by the president and attested: by the secretary of the. Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Altomey}1as been subscribed by an authorized officer, or official ofthe Companies and the corporate seals of the Companies have been affixed thereto this 15th day of December .2017 P, X(Y INS(, 1, sup. N1NSUq yJoevcvtt�g9�- JA ue?aF��"t'� Q�v��cw'arn "ir, �e. ; m ? �. w � • ; .� The Ohio Casualty Insurance Company O 1912 1991 Liberty Mutual Insurance Company o a westAmerican Insurance Company STATE OF PENNSYLVANIA ss David M. Care , Assistant Secretary COUNTY OF MONTGOMERY On this 15th day of December 2017 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. �Sp PA qp� COMMONWEALTH OF PENNSYLVANIA 1�Qoo�koNwe9rs`vNotarial Seal Teresa Pastella• Notary Public By: °f Upper MerinnTwp., Montgomery County Teresa Pastella, Notary Public v LNMy Commission Expires March 28. 2021 'Y PF OTqFly Member. Pennsylvania Assuciation of Notaries This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV—OFFICERS — Section 12. Power of Attomey. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -Fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as If signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and .attested by the secretary. Certificate of Designation — The President:of the Company,. acting pursuant to the Bylaws of the Company,.authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fad as may be necessary to act on behalf of.the Company to make;. execute, seal, acknowledge'and deliver as surety,any,and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the',Company's Board of Directors, the Company consents That facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified 'copy ot;any power of attomey issued by the Company in coriilection with surety bonds, shall be;valid and binding upon the Company with the same force and effect as though manually Affixed. I, Renee C. Llewellyn, the undersigned, Assisfarif.:.Secretary, The Ohio.'. .Insurance Company; I;Ibe. y ;Mutual Irisurance any, .and West American Insurance Company do hereby certify that the original power of attorney of whic4 the foregoing is 8:ftiiC, tree and correof•copy of the .Pana of Altomey'execpted by said Companies, is In full force and effect and has not been revoked. - .. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals bf said CgmQ4Ilies'ps-Zjkday of ' 20 -t'?IN,S(� 1,1NSup �11NSUh • t eJAypneunq,�gyn�pero�rf.,1�� ATE OF FLORIDA- ; �' : • .. c t = a IAN RIVER COUNIY - _ • ' . •., r_ �.w"",t�:�tti,, r,•�i o 1819 0 > 1912 N 1991 IIS IS TO CERTIFY THAT TlifS:ISA1RliE AND CORRE� • ~�' a -.Renee C. ssistant Secretary �y rn„nnNs���d° 9�,,SMM„�; �, Mrn,an!• '' PY OF THE ORIGINAL,OIV h; IN' TN OFFICE, T R ORIGINAL MAY HAVE REDACTED1'6}FORt�OITrk(��l�A�i[TT`,' N FLORIDA STATUE 119.07• •� ���� r 1 r K� • " \°y 417 of 500 1 LM 17871 n22n17 ,; ,-A BY DATE M [il._l.- MOYM MMC UILL ACORO' CERTIFICATE OF LIABILITY INSURANCE /DDIYI DA005/115/11/20188 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO.RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS. WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Johnson Insurance RacinePHONE 555 Main Street, Suite 291 Racine, WI 53403 CONTACT Sharon Majeski, ARM FAX (A/c, No, Ext): (920) 433-7107 IA/c, No): (877) 254-8586 E-MAIL j �j ADDRESS: eski sma ohnsonins.com INSURERS AFFORDING COVERAGE NAIC # X INSURER A: HDI Global Insurance Company 41343 EGGCC000173517 INSURED INSURER B: Endurance American Specialty Insurance Company 41718 INSURER C: Travelers Property Casualty Company of America 25674 Johnson -Davis, Inc. INSURER D: 604 Hillbrath Drive Lantana, FL 33462 INSURER E: ' INSURER F: COVERAGES CERTIFICATE NUMBER: RFVISInN NHMBFR: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 'NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID.CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUER WVD. POLICY NUMBER POLICY EFF MM DD Y POLICY EXP MM OD YY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X EGGCC000173517 03/01/2017 08/01/2018 EACH OCCURRENCE $ 2,000,000 DAMAGE TO PREMISES (Ea N E enc $ . 300'000 MED EXP (Any oneperson) $ 10,000 PERSONAL 8 ADV INJURY $ 21000,000 ,GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑X PEC LOC GENERAL AGGREGATE $ 2'000'000 PRODUCTS -COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 (Ea accident) - BODILY INJURY Per person)$ X I ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X EAGCC000173517 03/01/2017 08/01/2018 BODILY INJURY Per accident $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY AMAGE Per accident $ PIP Basic $ 10,000 A UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 4'000'000 AGGREGATE $ 4,000,000 X EXCESS LIAB CLAIMS -MADE EXAGC000173517 03/01/2017 08/01/2018 DED I X I RETENTION$ 0 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ FFICER/M EMBER EXCLUDED? Mandatory In NH) If yes, describe under N I A E.L. EACH ACCIDENT $ E.L. DISEASE = EA EMPLOYEE $ . E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below B Excess Liability ELD10006501302 03/01/2017 08/01/2018 Excess Liab over 4 M 1,000,000 C Equipment Floater 6604H592540 03/01/2018 03/01/2019 Leased Rented 300,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If mores pace is required) Contractor's Pollution Liability - Policy # 7930030920003- Limit - $1,000,000 - 3/1/2018-311/2019 - Homeland Insurance Company of NY Project: Gifford Area Stormwater Project Bid# 2018045 Project# RC -1502 Address: 43rd Street to the north, 41st Street to the south, 28th Avenue to the west and the F.E.C.R.R. (Florida East Coast Rail Road) tracks to the east., Vero Beach, Florida 32967 Indian River County is additional insured with respect to General Liability and Automobile Liability. A 30 day notice of cancellation applies to the certificate holder. Indian River. County 1801 27th Street Vero Beach, FL 32960 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1k%,UML; Lo <<U -I 131UI) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACCORE) CERTIFICATE OF LIABILITY INSURANCE ll% . , DATE(MM/DD/YYYY) 5/2/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on'this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER M3 Insurance Solutions, Inc, 828 John Nolen Drive CONTACT NAME: AIBX Friedl A cc°NNo Exti: 608-288-2898 q/c No): Madison WI 53713 ADMDRESS: alex.friedl m3ins.com GENERAL LIABILITY PRODUCER CUSTOMER ID #: JOHNINC-01 INSURERS AFFORDING COVERAGE NAIC # INSURED Johnson -Davis Incorporated INSURER A: Amerisure Mutual Insurance EACH OCCURRENCE $ 604 Hillbrath Drive INSURER B: INSURER C: Lantana FL 33462 INSURER D: • INSURER E: DAMAGE TO RENTED PREMISES Ea occurrence $ INSURER F: COVERAGES CERTIFICATE NUMBER: 1799863098 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE, AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ CLAIMS -MADE D OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $' GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG $ POLICY JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ (Per accident) HIRED AUTOS NON -OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DEDUCTIBLE $. RETENTION S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEMBER EXCLUDED' ❑ N / A WC210013502 311/2018 3/1/2019 X WC STATU- DTH - I TORY EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) ' Project: Gifford Area Stormwater, Bid 2018045, Projqct Number: IRC -1502, 43rd Street to the north, 41 st Street to the south, 28th Avenue to the west and the F.E.C.R.R. (Florida East Coast Rail Road) tracks to the east, Vero Beach, FL 32967. 30 days notice of cancellation to Indiap River County applies. CERTIFICATE HOLDER CANCELLATION Indian River County 1800 27th Street Vero Beach FL 32960 ACORD 25 (2009/09) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORI EDD REPRE{\SEE'N'+T'ATTIIV,E,, ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Johnson -Davis, Inc.. POLICY NUMBER: EGGCC000173517 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLIICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modirres inswanceprovided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or O anization s Locations Of Covered Operations Indian River County • Project: Gifford Area Stormwater Project 1801 27th StreetBid# 2018045 Project# RC -1502 - Vero Beach, FL 32960. Address: 43rd Street to the north, 41 st Street to the south, 28th' Avenue to. the westand the F.E.C.R.R. (Florida East.Coast Rail Road) tracks to the east., Vero Beach, Florida 32967 Information required to complete this Schedule, If not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organizations) shown in the Schedule, but - only with respect to liability for "bodiPy injury" 'property damage„ or "personal and advertising injury" caused, in whole or in pari by: " 1. Your acts or omissions; or 2. The acts or .omissions of those acting on your behalf; in the perfonnance of'your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and . 2. If coverage provided to the additional insured is required by a contract or, agreement, the insurance afforded to such additional insured will not be broader than that which you are required by We contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materiats; parts or equipment furnished in connection with such work, on -the project (other than service, maintenance or repairs) to be performed by or on" behalf of the additional insured(s) at the location of the covered operations has been completed; of 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations 'for a principai as a part of the same project_ CG 20 10 0413 Q Insurance Services Ofrrce, 1nc., 2012 Pagel of 2 C. With respect to the insurance afforded to these 2. Avallable. under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III — Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall, not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations, amount of insurance: 1. Required by the contract or agreement; or 0 Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 Johnson -Davis, Inc. EAGCC000173517 EN CA Al PNC 09 11 THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART SCHEDULE Name of Person(s) or Organization(s) Project: Gifford Area Stormwater Project Indian River County Bid# 2018045 Project# RC -1502 18 27th Street . Address: 43rd Street to the north, Veroo Beach, FL 32960 41 st Street tothe south, 28th Avenue to the west and the F.E.C.R.R. (Florida East Coast Rail Road) tracks to the east., Vero Beach, Florida 32967 This insurance shall be excess over any other insurance naming the scheduled additional insured as an insured on a primary, excess, contingent, or on any other basis unless: 1. Awritten contract or agreement specifically requires that this insurance be primary and noncontributory. 2. The written contract is signed and executed by the named insured and additional insured"prior to any "bodily injury", "property damage" or. "personal and advertising injury". 3. This policy does not apply for defense or indemnity of the additional insured if state or federal law does not permit indemnification of the additional insured by . the Named Insured for the.claim of a third party. 4. This insurance.does not apply to the additionalinsured's liability to indemnify, _ defend or hold harmless a third party. EN CA Al PNC 09 11 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ENDORSEMENT # This endorsement, effective 12:01 A.M. forms a part of Policy No. EGGCC000173517, EAGCC000173517, EXAGCC000173517 issued to Johnson. Davis, Inc. By: HDkGerling Insurance Company LIMITED NOTICE OF CANCELLATION TO ENTITIES OTHER THAN THE NAMED INSURED NAME OF PERSON OR ORGANIZATION Indian River County This policy is amended as follows: SCHEDULE ADDRESS 1801 27th Street Vero Beach, FL 32960 In the event that we cancel or non -renew this policy for any reason including non payment of premium, and 1. The cancellation effective date is prior to this policy's expiration date; 2. You are under an existing 'contractual obligation to notify a certificate holder when this policy. is canceled; and 3. You have provided to us, either directly or through your broker of record, within 30 days of this policy's cancelation effective date, either (a) the name of the entity shown on the certificate, a contact name at such entity and the mailing address of such entity; or (b) the email address of the contact at such entity we will provide (30) thirty day written notice or (10) ten day written notice for non-payment of premium to all certificate holders for whom you have provided the information referenced above. We will send such notice in accordance with the Cancellation provision of this policy. If any of the conditions set forth above are not applicable or are not satisfied, we are under no obligation to provide the notice referenced in this endorsement. All other terms, conditions and exclusions shall remain the same. (Insert name of Contract as it appears in the Contract Documents) Project No: 1502 IRC Bid No. 2018045 You are notified that the Contract Times under the above contract will commence to run on By that date, you are to start performing your obligations under the Contract Documents. The contract has allocated N/A calendar days for Substantial Completion of this project and 90 calendar days for Final Completion. In accordance with Article 3.2 of the Agreement the date of Substantial Completion is and the date of readiness for final payment is CONTRACTOR shall not commence work under this Contract until he ha's obtained all insurance required under "Instructions to Bidder, General Terms and Conditions" and such insurance has been, delivered to the OWNER and approved by the. OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with Article 6 of the Agreement. Also, before you may start any Work at the Site, you must: (add other requirements, if applicable) INDIAN RIVER COUNTY (Owner) (Authorized Signature)