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HomeMy WebLinkAbout2018-092ACONTRACT DOCUMENTS AND SPECIFICATIONS FOR 43rd AVENUE BRIDGE OVER IRFWCD SOUTH RELIEF CANAL RAILING REPAIR BID NO. 2018043 PROJECT NO. 1523 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA PETER D. O'BRIAN, CHAIRMAN BOB SOLARI, VICE CHAIRMAN COMMISSIONER SUSAN ADAMS COMMISSIONER JOSEPH E. FLESCHER COMMISSIONER TIM ZORC JASON E. BROWN, COUNTY ADMINISTRATOR JEFFREY R. SMITH, CLERK OF COURT AND COMPTROLLER DYLAN REINGOLD., COUNTY ATTORNEY RICHARD B. SZPYRKA, P.E., PUBLIC WORKS DIRECTOR JAMES W. ENNIS, P.E., PMP, COUNTY ENGINEER 00001 - Project Title Page - REV 04-07 F 00001 -1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1523-43rd Ave Bridge_S Rel Canal -Railing Repair\Admin\BIDS\bid documents\00001 -Project Title Page -REV 04-07 F doc Indian River County Purchasing Division z 1800 2711 Street Vero Beach, FL 32960 \* * Phone (772) 226-1416 \�oRID ' Invitation to Bid Project Name: :.• Bid Bond Required: Public Construction Bond Required: Mandatory Pre -Bid Meeting: 43RD AVENUE BRIDGE OVER IRFWCD SOUTH RELIEF CANAL RAILING REPAIR (IRC -1523) 2018043 5% YES, for contracts over $100,000 Monday, March 12, 2018, 10:00 AM Indian River County Administration Building 180127 1h Street — Conference Room AI -303 Vero Beach, Florida 32960 Bid Opening Date: Tuesday, March 27, 2018 Bid Opening Time: 2:00 PM All bids must be received by the Purchasing Division, 1800 27th Street, Vero Beach, Florida 32960 prior to the date and time shown above. Late bids will 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: purchasine(cDircgov.com Page 1 of 37 Indian River County Purchasing Division 180027 th Street Page 1 of 2 Vero Beach, FL 32960 ��L�p Phone (772) 226-1416 ADDENDUM NO. 1 Date: March 15, 2018 Project Name: 43RD AVENUE BRIDGE OVER IRFWCD SOUTH RELIEF CANAL RAILING REPAIR (IRC -1523 Bid Number: 2018043 Bid Opening Date: Tuesday, March 27, 2018 at 2:00 p.m. This addendum is released to provide minutes, and sign in sheet from the Mandatory Pre -Bid Meeting and updated plan sheets B-4 and B-5, with the title "Railing Retrofit for: 43`d Avenue Bridge over South Relief Canal". The Engineer's Cost Estimate for this project is $56,250.00 and this amount includes the Force Account. All information provided herein is hereby incorporated into the invitation to bid documents. Any questions must be submitted to purchasing@ircgov.com no later than 8:00 a.m. Monday, March 19, 2018. The following changes are being made to the bid documents: Under Technical Specifications, Page 10, change the following: From Bidder must hold FDOT Prequalification Work Class 13 — Guardrail. To Bidder or Subcontractor who is performing the guardrail work must hold "FDOT Prequalification Work Class 13 — Guardrail." Attachments: Pre -Bid Meeting Minutes Pre -Bid Meeting Sign -In Sheet Construction Drawings: B-4 to B-5, - Drawings titled "Railing Retrofit for: 43`d Avenue Bridge over South Relief Canal' F:\PubhcWorkS\ENGINEER1NG DIVISION PROJECTS\1523-43rd Ave Bridge_S Rel Canal -Railing Repair\Admin\bid documents\Addendum No 1\IRC- 1523_Adden du m_20180315.docu Page 2 of 2 Bid No. 2018043 Addendum No. 1 March 15, 2018 *************This Addendum must be acknowledged on the bid form and/or by return of this Acknowledgement with your Bid************ Company Name Timothy Rose Contracting Name: Timothy Rose Title: President (Type / Printed) Authorized Signature*, Date: 03/27/18 Telephone: 772.564.7800 Email: TimRose7@comcast.net V T;3 Q W a w � O r A � A z ZM 4t Q� M si �- � Azz�¢A�N V' UzoV�'�iU- �z a:C) Q�1v wU as M Is tw� z w v N A z w z A a M 't7 C Q z w l 0 0 J a � d O a 3 c V '-' O W aF aM� 4 � 04 CA WWz �bxVo z CIA N A�Wgz a d��Uc p.i�W Va�'a u v a hw- A z z � 4w A 2 w 0 Q z ( J I�j a A W A '-' � U A zHa W X00 E., ooe a r AZA¢AWN Ez- a� ox H ra z A w s Page I of 3 ��»ER Board of County Commissioners z 180127th Street r Vero Beach, Florida 32960-3365 *�LoRl�t' Telephone: (772) 567-8000 Fax: (772) 778-9391 PRE-BID MEETING MINUTES MARCH 12, 2018, 10:00 A.M. INDIAN RIVER COUNTY ADMINISTRATION BUILDING Room Al -303 Building A Project Name: 43RD AVENUE BRIDGE OVER IRFWCD SOUTH RELIEF CANAL RAILING REPAIR Project Number: IRC -1523 Bid Number: 2018043 The following meeting notes set forth our understanding of the discussions and decisions made at the subject meeting. If no objections, questions, additions, or comments are received within five (5) working days from issuance of the meeting notes, we will assume that our understandings are correct. The project will move forward according to the bid plans and specifications and the understandings herein. INTRODUCTIONS/ SIGN IN SHEET This meeting is being recorded as part of the project records. This is a PRE-BID MEETING; attendance at this conference by all bidders is MANDATORY. Bidders must sign in before 10:00 A.M. to receive credit for attending. No bidder arriving after the meeting has begun will be allowed to sign in. The meeting was called to order by Kirstin Leiendecker. See the attached sign in sheets for a list of the attendees. PROJECT DESCRIPTION: The project will consist of the complete removal of the existing concrete railing in both directions of the 43rd Avenue Bridge over South Relief Canal and installing Thrie Beam Guardrail in its place. Remove posts flush, grind steel down 1" and replace with epoxy. Miscellaneous asphalt around guardrail is to be installed in accordance with the applicable FDOT standard index. Kirstin Leiendecker stated the existing concrete railing will be cut flush and not repaired as indicated on the construction plans. CONTRACT DETAILS Bid opening: Tuesday, March 27, 2018 at 2:00 PM Contract time: N/A days to substantial completion 30 days to final completion FA'ublic Works\E,NGINEERING DIVISION PROJECTS\ 1523-43 rd Ave Bridge_S Rel Canal -Railing Repair admin\BIDS\Moved from Const\Meetings\Pre-Bid Meeting\1523_Pre Bid Meeting Minutes_20180312.doc Page 2 of 3 Estimate: $56,250.00 (includes force account) Liquidated Damages: $958.00 per day CONTACTS BIDDING PROCESS All communications concerning this bid shall be directed to Indian River County Purchasing Division at purchasing(@ircgov.com. PROJECT CONSULTANTS: Wantman Group, Inc. UTILITIES Indian River County Utilities OTHER ISSUES • Maintenance of Traffic: o Contractor shall submit a Maintenance of Traffic Plan to the Indian River County, Engineering Division for approval prior to commencing work. o Traffic shall be maintained at all times. o Bridge traffic without any traffic railing shall be limited to the work shift. o The Maintenance of Traffic Plan shall meet the FDOT Index 600, FY2017-2018 Edition and shall be signed and sealed by a Florida PE. o Access for residences shall be maintained at all times. o School buses, sanitation & US Postal Service must be maintained. • Addendums if required — Bidders to review plan docs and provide comments to Purchasing as soon as possible and within 5 business days following receipt of Pre -Bid Meeting minutes. No further comments or questions 10 days prior to bid opening. • Bidder must hold FDOT Prequalification Work Class 13 — Guardrail Construction Drawings • Sheet C-1— Cover sheet with the title "Railing Retrofit for: 43rd Avenue Bridge over South Relief Canal" • B-1 to B-5, - Drawings with title "Railing Retrofit for: 43rd Avenue Bridge over South Relief Canal" FDOT Standard Sheets (201 S) • 400 Guardrail (Sheets 1-26) • 470 Traffic Railing — (Thrie Beam Retrofit), General Notes and Details (Sheets 1-3) • 475 Traffic Railing — (Thrie Beam Retrofit) Wide Curb Type 1 (Sheets 1-4) PROJECT REQUIREMENTS: Invoicing: One (1) invoice for lump sum items and measured quantities shall be submitted for project upon completion. Summary of required contractor form submittals checklist on Bid Form page 11 of 37 of the "Invitation to Bid". F:\Public Works\ENGINEERING DIVISION I'ROJECTS\1523-43rd Ave Bridge_S Rel Canal -Railing Repair\AdminCBIDS\Moved from Const\MeetingsTre-Bid Meeting\1523_Pre Bid Meeting Minutes 20180312.doc Pale 3 of 3 DISCUSSION Questions & Answers • James Ennis, Indian River County Engineer - explained that MOT will be a challenge. This is a restricted/ narrow bridge, while traffic needs to be maintained. • During removal of the bridge railing, the bridge cannot be opened to traffic with an unshielded drop condition, the drop-off must be protected from traffic at the end of each work shift. • IRC Utilities has an aerial crossing attached to the bridge substructure on the western side of the bridge. Care shall be taken during construction not to damage the pipe. • Contractor is advised to choose epoxy from the FDOT approved material list, IRC will expect the epoxy material to be submitted and the material can be verified by the Indian River County. • Tim Rose, Timothy Rose Contracting, Inc. — mentioned that the damaged post is broken below the bridge deck. James Ennis responded that all broken and loose parts shall be removed, cut flush and filled with epoxy for corrosion protection. • James Ennis - IRC is planning to replace the bridge and this repair will be a short to medium retrofit/ repair. • Tim Rose, Timothy Rose Contracting, Inc. — asked if the Contractor has to have FDOT Prequalification Work Class 13 — Guardrail or if the Subcontractor that will perform the work can to be qualified. —Jennifer Hyde, Purchasing Manager responded that the current documents show that the Bidder needs to have the Prequalification, but IRC will clarify that requirement so that it is sufficient to have the subcontractor prequalified in an addendum. ATTACHED: Sign In Sheet HPublic Works\ENGINEERING DIVISION PROJECTSA523-43rd .Ave Bridee_S Rel Canal -Railing Repair\Admin\BIDS\Moved from Const\Meetings\Pre-Bid Meeting\I523_Pre Bid Meeting Minutes_20180312.doc O v z � ID oa _moo o �- a~mi p•,..__ ! //l111111��� b r 1 4 maw OD U .• C V 4J a 0 d m � C x, o c Z � � e CW o W � o O Of V o*T�• , a ~) LU LU p � m � m � m 0 0 (7 L z i Y X W d (J) Y l F Q C �OO V 63Q - udi OOL C N y 3 tC w c �...�...: ..w. aa..e nxni+u..ar aulan�lmnl •wzac io�rtsi<iG - NJ /F 5 m MY M'SIfiY�:S mb:".f - s: v: ✓: v? 1b 0 vi o 0 x Q d W W d 9 V ` o�v a" � m c � C U y m 0-Z A! v p m a W O IS omz` J 0 vi o 0 x Q d W W d 9 V ` Bid No. 2018045/IRC-1523 ADVERTISEMENT FOR BID Notice is hereby given that the Indian River County Board of County Commissioners is calling for and requesting bids for the following: Indian River County Bid # 2018043 43RD AVENUE BRIDGE OVER IRFWCD SOUTH RELIEF CANAL RAILING REPAIR (IRC -1523) 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, 180027 th 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. A MANDATORY pre-bid conference will be held on: Monday. March 12, 2018, 10:00 AM, in the first - floor conference room of the Indian River County Administration Building located at 1801 27th Street, Vero Beach, Florida, 32960. No person arriving after the meeting has begun will be allowed to sign in. BID SECURITY in the sum of not less than five percent (5%) of the total bid must accompany each bid over $25,000. 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 04, 2018 Please furnish Tear Sheet, Affidavit of Publication, and Invoice to: Indian River County Purchasing Division 180027 1h Street Vero Beach, FL 32960 Page 2 of 37 Bid No. 2018045/IRC-1523 Instructions to Bidders 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 27`h 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 not submitted on the attached forms) 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 over $25,000, 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 for bids over $25,000 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/Payment and Performance Bonds 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. If bid does not exceed $100,000, no Public Construction/Payment or Performance Bond will be required. 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 Page 3 of 37 Bid No. 2018045/IRC-1523 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 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. Acceptance: Receipt of an item shall not be an indication that the items are acceptable. Final acceptance and authorization of payment shall be given after a thorough inspection indicates that the item is delivered in accordance with the Bid Specifications. Suppliers are advised that in the event the delivered item does not meet specifications, payment will be withheld until such time the supplier takes necessary corrective action. 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 Page 4 of 37 Bid No. 2018045/IRC-1523 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 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@ircgov.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 prior to the official opening of the bid. • No attempt has been made or will be made by the Bidder to induce any other person(s) or firm(s) to submit or not to submit a bid for the purpose of restricting competition. Page 5 of 37 Bid No. 2018045/IRC-1523 Public Entity Crimes: Pursuant to Florida Statutes Section 287.133(2)(a), all Bidders are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity (defined as the State of Florida, any of its departments or agencies, or any political subdivision); may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287.017 for CATEGORY TWO [currently $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. Page 6 of 37 Bid No. 2018045/IRC-1523 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 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 included herein shall be Page 7 of 37 Bid No. 2018045/IRC-1523 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. Licensure: Bidder must possess State of Florida General Contractor's license and shall be F.D.O.T. qualified. 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. Page 8 of 37 Bid No. 2018045/IRC-1523 Indian River County reserves the right to accept or 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 vary from these General Conditions, shall have precedence. End of General Terms and Conditions Page 9 of 37 Technical Specifications Scope Bid No. 2018045/IRC-1523 The project will consist of the complete removal of the existing concrete railing in both directions of the 43' Avenue Bridge over South Relief Canal and installing Thrie Beam Guardrail in its place. Remove posts flush, grind steel down 1" and replace with epoxy. Miscellaneous asphalt around guardrail is to be installed in accordance with the applicable FDOT standard index. A maintenance of traffic plan shall be submitted to the Indian River County Trak Division by a Florida Licensed Professional Engineer for approval prior to commencing work. Bidder must hold FDOT Prequalification Work Class 13 — Guardrail. A MANDATORY Pre -Bid Conference will be held on Monday. March 12. 2018 at 10:00 AM, in the first -floor Conference Room No. Al -303 of the Indian River County Administration Building located at 1801 27th Street, Vero Beach, Florida, 32960. ATTENDANCE AT THIS CONFERENCE BY ALL BIDDERS IS REQUIRED. No individual arriving after the meeting begins will be allowed to sign in. Construction Drawings Sheet C-1— Cover sheet with the title "Railing Retrofit for: 43rd Avenue Bridge over South Relief Canal' B-1 to B-5, - Drawings with title "Railing Retrofit for: 43rd Avenue Bridge over South Relief Canal' FDOT Standard Sheets 400 Guardrail (Sheets 1-26) 470 Traffic Railing — (Thrie Beam Retrofit), General Notes and Details (Sheets 1-3) 475 Traffic Railing — (Thrie Beam Retrofit) Wide Curb Type 1 (Sheets 1-4) End of Technical Specifications Page 10 of 37 Indian River County Purchasing Division 180027 th Street Vero Beach, FL 32960 Phone (772) 226-1416 ORi�// Bid Form PROJECT NAME: 43RD AVENUE BRIDGE OVER IRFWCD SOUTH RELIEF CANAL RAILING REPAIR (IRC -1523) Bid #: Bid Opening Date and Time: Bid Opening Location: 2018043 Tuesday, March 27, 2018 Purchasing Division 1800 27th Street Vero Beach, FL 32960 2:00 PM Project completion time after receipt of "Notice to Proceed" or PO: 30 DAYS The following documents must be submitted and made a condition of this Bid: A. Bid Form & Itemized Bid Schedule (pages 11 to 13, inclusive); B. Required Bid security in the form of ; C. Drug -Free Workplace Certification (page 15); D. Sworn Statement under Section 105.08, Indian River Code, on Disclosure of Relationships (pages 16 to 17, inclusive); E. Bidders Qualifications Questionnaire (pages 18 to 21, inclusive); F. Sworn Statement Under the Florida Trench Safety Act (pages 22 to 23, inclusive); G. List of Subcontractors (page 24) Page 11 of 37 Indian River County Purchasing Division 180027 th Street Vero Beach, FL 32960 Phone (772) 226-1416 ITEMIZED BID SCHEDULE PROJECT NAME: 43RD AVENUE BRIDGE OVER SOUTH RELIEF CANAL PROJECT PROJECT NO: IRC -1523, BID NO. 20180043 BIDDER'S NAME: Timothy Rose Contracting lte o: - `Descriotlon un)t_ NO lJ;nWt 101-1 MOBILIZATION LS 1 $14,000.00 $14,000.00 102-1 MAINTENANCE OF TRAFFIC LS 1 $15,000.00 $15,000.00 053611 GUARDRAIL- ROADWAY, GEN TL -3 LF 250 $78.00 $19,500.00 0460 71 2 THRIE BEAM PANEL RETROFIT, CONCRETE HAND LF 150 $274.00 $41,100.00 0401701 RESTORE SPALLED AREAS, EPDXY LS 1 $2,800.00 $2,800.00 0536 85 26 GUARDRAIL END ANCH ASSY/END TRE- TYP CRT EA 1 $3,007.00 $3,007.00 0536 85 22 GUARDRAIL END ANCH ASSY/END TREA- FLARED EA 3 $3,428.00 $10,284.00 03391 MISCELLANEOUS ASPHALT PAVEMENT TN 2 $400.00 $800.00 053673 EXISTING GUARDRAIL, REMOVE LF 220 $10.00 $2,200.00 0110410 REMOVAL OF EXIST CONC LS 1 $18,240.00 $18,240.00 999-1 ASBUILT CONSTRUCTION DRAWINGS LS 1 $6,500.00 $6,500.00 SUB -TOTAL OF IMPROVEMENTS $133,431.00 FORCE ACCOUNT $10,000.00 TOTAL PROJECT BID (INCLUDING FORCE ACCOUNT) 43RD AVENUE BRIDGE OVER SOUTH RELIEF CANAL PROJECT TOTALI $143,431.00 TOTAL PROJECT BID AMOUNT IN WORDS One Hundred Forty Three Thousand Four Hundred Thirty One dollars NOTE• IF THERE IS A DISCREPANCY BETWEEN THE PLANS (SUMMARY OF PAY ITEMS) AND THE ITEMIZED BID SCHEDULE, THE BID DOCUMENTS WILL GOVERN. LS=Lump Sum LF=Linear Foot EA=Each TN=Ton Page 12 of 37 Indian River County Purchasing Division 180027 1h 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: Timothy Rose Contractin Company Address: 1360 SW Old Dixie Hwy Suite 106 City, State Vero Beach FL Zip Code 32962 Telephone: 772.564.7800 Fax: 772.564.7888 E-mail: TimRose7@comcast.net Business Tax Receipt Number: 5125407.000 FEIN Number: 65-0284242 Authorized Signatures Date: 03/27/18 Name: Timothy Rose Title: President (Type / Printed) Page 13 of 37 Bid or Proposal .Westfield Insurance Company Bond Westfield GroupsMOne Park Circle, P O Box 5001 Westfield Center, Ohio 44251-5001 KNOW ALL MEN BY THESE PRESENTS, that we, TIMOTHY ROSE CONTRACTING, INC. as Principal, and the WESTFIELD INSURANCE COMPANY, an Ohio Corporation, with its principal office at Westfield Center, Ohio, as Surety, are held and firmly bound unto INDIAN RIVER COUNTY 1800 27th STREET, VERO BEACH, FL 32960 as Obligee, in the penal sum of 5% OF AMOUNT OF BID DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the said Principal is herewith submitting a bid or proposal for 43RD AVENUE BRIDGE OVER IRFWCD SOUTH RELIEF CANAL RAILING REPAIR NOW THEREFORE, the condition of the above obligation is such, that if the said Principal shall execute a contract and give bond for the faithful performance thereof, if required by the contract, or if the Principal or Surety shall pay the Obligee the difference, not exceeding the penal sum hereof, between the amount of the contract entered into in good faith to perform the work to which the bid or proposal relates and the amount bid or proposed by the Principal, then this obligation shall be void; otherwise it shall remain in full force and effect. SIGNED this 26th day of MARCH - 2018 TIMOTHY ROSE CONTRACTING, INC. Principal By: Westle cLI surance Companx B CAB W. LORD Attorney-in-fact BD 5046 (9-03) ,2018 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# S75343 Entity Name: TIMOTHY ROSE CONTRACTING, INC. Current Principal Place of Business: 1360 OLD DIXIE HWY SW STE 106 VERO BEACH, FL 32962 Current Mailing Address: 1360 OLD DIXIE HWY SW STE 106 VERO BEACH, FL 32962 US FEI Number: 65-0284242 Name and Address of Current Registered Agent: ROSE, TIMOTHY W. 1360 OLD DIXIE HIGHWAY SW 106 VERO BEACH, FL 32962 US FILED Jan 03, 2018 Secretary of State CC3756237418 Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida SIGNATURE: Electronic Signature of Registered Agent Officer/Director Detail Title P Name ROSE, TIMOTHY W. Address 1360 OLD DIXIE HWY SUITE 106 City -State -Zip: VERO BEACH FL 32962 Title TREA Name ROSE, LISA A Address 1360 SW OLD DIXIE HWY #106 City -State -Zip: VERO BEACH FL 32962 Title SEC Name ROSE,RONALD Address 1360 SW OLD DIXIE HWY #106 City -State -Zip: VERO BEACH FL 32962 I hereby electronic signature shall the same legal as made under oath that 1 am that the information or director o�thetco on n r thethis report rreceiversupplemental r trustee reps true and ort empowered o execute this report te and that as required by Chapter 607, Florida Sta ules; and�tt my name ame appears above, or on an attachment with all other like empowered. 01/03/2018 SIGNATURE: ROSE, TIMOTHY W. PRESIDENT Date Electronic Signature of Signing Officer/Director Detail POWER NO. 0990102 00 General Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. Ohio Farmers Insurance Co. CERTIFIED COPY Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint CABOT W. LORD, JOSEPH E. COONS, JOINTLY OR SEVERALLY of PALM CITY and State of FL its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - • - - - - - - - - - - - - - - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE CUMATEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of thea Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed b the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designatedpersonand the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 21st day of MARCH A.D., 2014 . Corocrate y$� oNAL�''., WESTFIELD INSURANCE COMPANY sP�is �A:•- �!�� , �?•• "' NSG; }r , WESTFIELD NATIONAL INSURANCE COMPANY Affixed �'` +�► o; ,P �^ OHIO FARMERS INSURANCE COMPANY SEAL ;m; q9 ran��•f y o; %1848 :*. State of Ohs- "`"`•,. ib� " 4 "" ` ByDennis P.P. Bl National SuretyLeader and coumy of viedina ss.: Senior Executive On this 21st day of MARCH A.D., 2014 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial w•• •ter SealA L Affixed • David A. Kotnik, Attorney at Law, Notary Public State of Ohio N do* o My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.; , 4 w T�01;0 I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. in Witness W(h�elreof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 15th day of yiva��►^��sarr�.c���i'f=�J„���t�tiT No; Pit' 'Nay............ NAL MS�EAL � �t Secrowy T j���' ,y; �: :• 1848 s Frank A. Carrino, Secretary BPOAC2 (combined) (06-02) p� Su,F STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD ',N OOD WESQ�` 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 ROSE, TIMOTHY WILLIAM TIMOTHY ROSE CONTRACTING INC 1360 SW OLD DIXIE HIGHWAY #106 VERO BEACH FL 32962 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We 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! RICK SCOTT, GOVERNOR (850) 487-1395 , uSTATE OF DEPARTMENT OIFDBUSINESS AND PROFESSIONAL REGULATION CGC052940 ISSUED: 06/14/2016 CERTIFIED GENERAL CONTRACTOR ROSE, TIMOTHY WILLIAM TIMOTHY ROSE CONTRACTING INC IS CERTIFIED under the provisions of Ch.489 FS. Expirationdate : AUG 31, 2018 L1606140001345 DETACH HERE KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF CONSTRUCT NEINDUSTRYSS AND RREGULATION LICENSING BOARD The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2018 _ ROSE, TIMOTHY WILLIAM TIMOTHY ROSE CONTRACTING INC 1360 SW OLD DIXIE HIGHWAY SUITE 106 '` VERO BEACH FL 32962 �„ T... hifiPl AY AS REQUIRED BY LAW SEQ # L1606140001345 of`Sw�, STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Y CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 ROSE, TIMOTHY WILLIAM TIMOTHY ROSE CONTRACTING INC 1360 SW OLD DIXIE HIGHWAY #106 VERO BEACH FL 32962 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We 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 I? STATE OF FLORIDA DEPARTMEN.T,QF BUSINESS AND PROFESSIONAL REGULATION CGC052940x 16SUED: 06/14/2016 CERTIFIED GENILC�ONTRAGTOR ROSE, TIMOTH(Ah�l i TIMOTHY ROSE GOWTl ..RA�JI IS.CERTIFIED under the provisions of Ch.489 FS. Expiralion date AUG 31, 2018 L1606140W1345 DETACH HERE _ ... ...-..........._..._.........._....... .. __............... ... - ..... _._.... ._............ _ ......... RICK SCOTT, GOVERNOR KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD CGC052940 Fhe GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Exp--iration. date`- AUG 31, 2018 R0SF. TIMCITHY WII I IAM . SEQ # L1606140001345 2018 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# S75343 Jan 03, 2018 "3 Entity Name: TIMOTHY ROSE CONTRACTING, INC. Secretary of State CC3756237418 Current Principal Place of Business: 1360 OLD DIXIE HWY SW STE 106 VERO BEACH, FL 32962 .a Current Mailing Address: r 1360 OLD DIXIE HWY SW r STE 106 VERO BEACH, FL 32962 US FEI Number: 65-0284242 Certificate of Status Desired: No Name and Address of Current Registered Agent: ROSE, TIMOTHY W. 1360 OLD DIXIE HIGHWAY SW 106 s VERO BEACH, FL 32962 US M w The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. -3 SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail Title P Title SEC d Name ROSE, TIMOTHY W. Name I ROSE, RONALD Address 1360 OLD DIXIE HWY SUITE 106 Address 1360 SW OLD DIXIE HWY #106 City -State -Zip: VERO BEACH FL 32962 City -State -Zip: VERO BEACH FL 32962 1 Title TREA Name ROSE, LISA A ?� Address 1360 SW OLD DIXIE HWY #106 City -State -Zip: VERO BEACH FL 32962 I hereby certify that the informallon indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as ifmade under oath; that I am an officer or director of the corporation or the receiver or Iruslee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other(ke empowered. SIGNATURE: ROSE, TIMOTHY W. PRESIDENT 01/03/2018 Electronic Signature of Signing Officer/Director Detail Date i 1. 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Z K W J Z�EQ F}m mQ AC!ORO� CERTIFICATE OF LIABILITY INSURANCE ATE(MMIDDIYYYY) r 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. 9/26/2017 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 SUNZ Insurance Solutions, LLC ID: (Essential) c/o Essential HR, Inc. dba First Star HR 4455 LBJ Freeway, Suite 1080 Dallas, TX 75244 CONTACT NAME: Jennifer Hau er PHONE ----FAX 972-404-0295 we No: E-MAIL ADDRESS: jennifer.hau er. firststarhr.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: SUNZInsurance Company 34762 INSURED Essential HR Inc., Essential HR II, Inc. dba FirstStar HR INSURER B: - INSURER C: 4455 LBJ Freeway Suite 1080 Dallas TX 75244 INSURER D: INSURERE: INSURER F UUVtKRU1:J CFKIIF-I(.AIF NUIVIRPR• 4rtnnna1)n APVIQInKI klllaa C2CD• 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 SUER POLICY NUMBER POLICY EFF MM/DD/YYYY) POLICY EXP fMM/DDNYYYJ LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ _ DAMAGE TO REMED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER POLICY PRO- JECT LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea acddenl BODILY INJURY (Por person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS Per accent id BODILY INJURY ( ) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ UMBRELLALIAB OCCUR EACHOCCURRENCE AGGREGATE $ EXCESS 'AB CLAIMS -MADE DED RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEMBEREXCLUDED7 ❑ N/A WCPE0000018405 WCPE0000018404 10/1/2017 10/1/2016 10/1/2018 10/1/2017 �/ STATUTE FORTH- EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) Mas describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Coverage provided for all leased employees but not subcontractors of: Timothy Rose Contracting, Inc. 1360 SW OLD DIXIE HWY SUITE 106 Effective date: 10/1/2013 CERTIFICATE HOLDER CANCELLATION 62200099 Indian River County Building Department SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1801 27th r 9 P THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Vero Beach FL 32960 AUTHORIZED REPRESENTATIVE Glen J Distefano ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 36008820 1 Essential HR Inc PEO 164 MASTER CERT I Natalie Matthews 1 9/26/2017 5:16:08 PM (CDT) I Page 1 of 1 TIMOR -1 OP ID: TJ CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 0611212017 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 772-286-4334 Stuart Insurance, Inc. 3070 S W Mapp CONTACT Rick Halcomb, CIC, ARM PHONE 772-286-4334 FAX 772-286-9389 (A/C, No, Ext): A/c, No Palm City, FL 34990 Rick Halcomb, CIC, ARM E-MAIL rhalcomb@stuartinsurance.net ADDRESS 06/0612017 06/06!2018 INSURERS AFFORDING COVERAGE NAIC ff INSURER A: Westfield Insurance Co. 24112 5,000 MED EXP An one person)_ INSURED Timothy Rose Contracting Inc 1360 Old Dixie Hwy SW, Ste 106 Vero Beach, FL 32962 INSURER B: INSURER C: GENERALAGGREGATE $ 2'000'000 PRODUCTS - COM P/OPAGG $ 2,000,000 INSURER D: INSURER E: AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS p AUTOS ONLY X AUTOS ONLYROPERTY 1XX PIP $10000 INSURER F: COVERAGES CERTIFICATE NUMBER: 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 L TYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF MI POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X occuR X Contractual Liab CMM6079889 06/0612017 06/06!2018 EACH OCCURRENCE $ 1,000'000 DAMAGE ro RENTED $ 500,000 5,000 MED EXP An one person)_ X Incl XCU PERSONAL &ADV INJURY 1,000,000 GEMLAGGREGATE LIMIT APPLIES PER: POLICY a jPo- El LOC OTHER: GENERALAGGREGATE $ 2'000'000 PRODUCTS - COM P/OPAGG $ 2,000,000 Emp Ben. $ 1,000,000 A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS p AUTOS ONLY X AUTOS ONLYROPERTY 1XX PIP $10000 CMM6079889 06/06/2017 06/06/2018 COMBINEDSINGLE LIMIT 11000,000 r' BODILY INJURY Per erson $ BODILY INJURY Per accident $ AMAGE Per accident E $ A X UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS -MADE CMM6079889 06106/2017 06/06/2018 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N PROPRIETOR/PARTNER/ECUTIVE ❑ PROPRIETOR/PARTNER/EXECUTIVE Mend tory in NH) EXCLUDED? Ifyes, desuibe under DESCRIPTION OF OPERATIONS below N / A PER OTH- TA UTE ER E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYE $ E.L. DISEASE- POLICY OMIT $ A Contractors Equip CMM6079889 06/06/2017 06106/2018 Rented 50,000 Equipment $1000 ded raC lilPTIONng o oL.aond ,' eN Y LOCArep TJYSJ oft�o l"IAc1a0RW1Ill itofi CI iregoV conn Schedule, may be attached if more space is required) IRCBD-1 Indian River County 1801 27th St 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 ACORD 25 (2016103) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 0000cory voou>oLou> I- oo r N ui N o co (D CY) CD T w z clNNuOTT� �:-:D co c0 Lr) co co o T ZfjH-0 i rk r�N"tM"t N (y) EA (14 64 N 64 co N Ln 6<i Cr) 64 tQ 69, c� '' 0 o d" 0 0 0 o orno00 -)LO - 0 N I n Cl) voice r o) CD N M 64 0 . 69� a �-'000rncoro =v oocl� Lr, Lno OU rrooyr-ui0i CO (0 CY) Cl) Cl) r rNrnrnT<Y Qp�,TmuiotiC)ao N ch U N 69 LO 64m rn U') 64 r 64 a'! vi � z U)�. [a F Z Z a) m cn e o o m to .M •— =_ n t a� W Ops as c > c CL O J � 0] �� t o /0, C 0 (tl / O ro Q >_ m CL o az 2 Y#; W fl (1) a> a c .a a o� C W a� C p n U c 2i Q c U._ fU d � O C a €LU X W of U o > N O . C) U) U) z LL - RV (U 3 0 u O. U) wro wc>a m CD CD cu co ': LL a LL LL a) o a> o () q) m -0 N -0 m ro N C co C (SS C C C x(0 x LL D LL 12;12 PM Timothy Rose Contracting, Incorporated 03/23/18 Balance Sheet Accrual Basis As of February 28, 2018 Page 1 Feb 2.8, 18 ASSETS Current Assets Checking/Savings PNC Operating Account -812,256.17 PNC SWEEP Money Market 3,906,222.26 Space Coast C Union Savings 24,807.03 Space Coast Credit Union Check 50.00 Total Checking/Savings 3,118,823.12 Accounts Receivable Accounts Receivable 587,160.96 Total Accounts Receivable 587,160.96 Other Current Assets Accounts rec adj 449,275.50 Costs in excess of billings 334,979.00 Invstmnt Morgan Stanley Smith B Cash -Morgan Stanley Investment 4,888.64 Equities - Morgan Stanley SB 116,425.19 Total Invstmnt Morgan Stanley Smi... 121,313.83 Prepaid insurance 59,294.70 Total Other Current Assets 964,863.03 Total Current Assets 4,670,847.11 Fixed Assets Accum Dep - All Assets -2,329,380.79 Construction Equipment 1,633,423.26 Ditch Witch JT922 25,700.00 Furniture & Fixtures 17,535.66 Ice Machine 7,152.00 Locating Equipment 20,567.00 Office Equipment 34,377.65 Thompson Pump - Erickson Truck 67,700.00 Thompson Pumps 9,900.00 Vacuum Truck 2004 L7500 22,330.12 Vehicles 931,038.78 Total Fixed Assets 440,343.68 Other Assets Equipment deposit 28,057.94 Security Deposits 315.00 Total Other Assets 28,372.94 TOTAL ASSETS 5,139,563.73 LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable Accounts Payable 560,849.46 Total Accounts Payable 560,849.46 Credit Cards American Express CC 525,672.67 Capital One Credit Card 204,070.21 PNC Visa # 4490 Control 257.25 Total Credit Cards 730,000.13 Page 1 12:12 PM Timothy Rose Contracting, Incorporated 03/23/18 Balance Sheet Accrual Basis As of February 28, 2018 Feb 28, 18 Other Current Liabilities Accrued expenses 49,253.25 Billings in excess of costs 19,191.00 Total Other Current Liabilities 68,444.25 Total Current Liabilities 1,359,293.84 Long Term Liabilities Harley Davidson FLTRXSE 2018 47,870.72 NIP Advance Acceptance - GPS 590.79 NIP Ally -17 Silverado 961.18 -4,805.90 NIP Ally - 2015 Chev Tahoe 36,386.56 NIP Ally 15 LandRover (1238.69) 81,804.69 NIP Ally 15 Silverado (836.13) 35,761.10 NIP Ally 16 Silverado (835.71) 29,509.84 NIP GE Capital - Bobcat E351 T4 14,687.75 NIP GE Capital - Bobcat T630 51,241.03 NIP GE Capital 9766086-001 15,131.13 NIP GM Financial -1415.28 73,807.25 NIP Komatsu Financial - WA270-7 -29,510.60 NIP Komatsu WA270-7/ 81518 -3,929.79 NIP Kubota 2017 Excavator 26631 58,306.88 NIP PNC - $506.61 14,898.25 NIP PNC Bank - Boring Machine 215,163.72 NIP TO Bank - 215 Nissan Van 10,828.45 NIP Volvo Financial Svcs Loader 4,787.54 NIP Wells Fargo - 2017 flat bed 48,099.32 NIP Wells Fargo - T740 T4 (1569 46,635.61 NIP Wells Fargo T650 ALJG23743 -65,275.94 NIP Wells Fargo T650 ALJG24202 52,864.35 PNC - #**68244 2012 Ford truck -2,025.50 PNC - $2265.37 92,050.19 PNC - Sany SY135C 31,879.32 PNC #8087 2006 Wheel Loader -781.29 PNC Bomag Mixer21MPH100S/#85809 -29.16 PNC Equip Finance 272,088.03 PNC Equipts Finance 121,119.37 PNC Mortgage - Euclid Street -4,580.16 PNC NIP Sany earth mover 115,620.00 Total Long Term Liabilities 1,360,193.55 Total Liabilities 2,719,487.39 Equity *Retained Earnings 4,668,344.22 Capital Stock 500.00 Opening Balance Equity -1,339,349.80 Paid In Capital 277,897.49 Shareholder Distribution -671,899.50 Unrealized Gain (Loss) on Inves 2,901.86 Net Income -518,317.93 Total Equity 2,42.0,076.34 TOTAL LIABILITIES & EQUITY 5,139,563.73 yJ 0;P.Pa�f�51� I� .0 0�4q ptiq cc �� `" �SS,�S• oma o�, Page 2 Bid No. 2018043/IRC-1523 DRUG-FREE WORKPLACE CERTIFICATION (Please include this form with your bid) The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that Timothy Rose Contracting 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 providing the 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 person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Timothy Rose Contracting Co77�� Bidder's Signature Date: 03/27/18 Page 15 of 37 Bid No. 2018043/IRC-1523 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. 2018043 for 43RD AVENUE BRIDGE OVER IRFWCD SOUTH RELIEF CANAL RAILING REPAIR (IRC -1523) This sworn statement is submitted by: Timothy Rose Contracti (Name of entity submitting Statement) whose business address is: 1360 SW Old Dixie Hwy Suite 106 Vero Beach FL 32962 and its Federal Employer Identification Number (FEIN) is 65-0284242 3. My name is Timothy Rose (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. 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. 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 Page 16 of 37 Bid No. 2018043/IRC-1523 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 or entity STATE OF Florida COUNTY OF Indian River Name of County Commissioner or employee Relationship (Signature) 03/27/18 (Date) The foregoing instrument was acknowledged before me this 27th day of March , 2048__, by Timothy Rose , who is personally known to me or who has produced as identification. NOTARY PUBLIC fX,,✓AORAH WEST 5 SIGN: 1 .�11"•� � . ;rt N1%, MMISSION # FF904578 r",ZES: October 03, 2019 cpr- ��� 0.4FV.h~"' 1V � f kvA,11 R, PRINT: Deborah West Notary Public, State at large My Commission Expires: (Seal) Page 17 of 37 Bid No. 2018043/IRC-1523 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 -1523 Project Name: 43RD AVENUE BRIDGE OVER IRFWCD SOUTH RELIEF CANAL RAILING REPAIR 1. Bidder's Name / Address: Timothy Rose Contracting 1360 SW Old Dixie Hwy Suite 106 Vero Beach FL 32962 2. Bidder's Telephone & FAX Numbers: 772.564.7800 / 772.564.7888 3. Licensing and Corporate Status a. Is Contractor License current? Yes b. Bidder's Contractor License No: CGCO52940 [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: 27 5. What is the last project OF THIS NATURE that the firm has completed? Old Dixie Hwy Phase II 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 attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed.] 8. Has the firm ever been charged by OSHA for violating any OSHA regulations? No Page 18 of 37 Bid No. 2018043/IRC-1523 [If your answer is yes', then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which OSHA violations were alleged.] 9. Has the firm 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: Timothy Rose Date of Inspections: 03/15118 15. Name of on-site Project Foreman: Zigmund York Number of years of experience with similar projects as a Project Foreman: 15 16. Name of Project Manager: Timothy Rose Number of years of experience with similar projects as a Project Manager: 3_ 17. State your total bonding capacity: 10 Million 18. State your bonding capacity per job: 5 Million 19. Please provide name, address, telephone number, and contact person of your Westfield Insurance Company bonding company:Dan McAnallen 1 Park Circle Westfield Center OH 44251 904.661.4708 Page 19 of 37 Bid No. 2018043/IRC-1523 19. Complete the following table for SIMILAR projects: Page 20 of 37 Date Contact Person: Name/ Original Contract Final Contract Name of Project Completed Owner Email Address/Phone Amount Amount Oslo Road 10/2014James Indian River Ennis, PE PMP $3,812,202.37 $3,731,268.75 Improvements County 772226,1221 jennis@ircgov.com Old Dixie Hwy 06/2015 Indian River James Ennis, PE PMP $1,792,422.35 $1,745,660.08 County ty 772.226.1221jennis@ircgov.com Old Dixie Resurfacing 05/2017 Indian River James Ennis, PE PMP $2,467,160.62 $2,195,986.52 Phase II County 772.226.1221 jennis@ircgov.com Indian River Blvd 12/2011 Indian River James Ennis, PE PMP 772.226.1221 $469,809.21 $428,753.97 Sidewalks County jennis@ircgov.com 6th Ave SW Culvert 06/2012 Indian River James Ennis, PE PMP $172,544.85 $175,844.85 Replacement County 772.226.1221 jennis@ircgov.com Page 20 of 37 Bid No. 2018043/IRC-1523 [NOTE: If requested by the County, the Bidder shall furnish references, and other information, sufficiently comprehensive to permit an appraisal of its abilities as a contractor.] By:4�`�- (Signature) President (Position or Title) 03/27/18 (Date) [END OF BIDDERS QUALIFICATIONS QUESTIONNAIRE] Page 21 of 37 Bid No. 2018043/IRC-1523 Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ("BIDDER"), OR ITS AUTHORIZED REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS. This Sworn Statement is submitted with Project No. IRC -1523 for 43RD AVENUE BRIDGE OVER IRFWCD SOUTH RELIEF CANAL RAILING REPAIR This Sworn Statement is submitted by Timothy Rose Contracting (Legal Name of Entity Submitting Sworn Statement) hereinafter "BIDDER". The BIDDER's address is _ 1360 SW Old Dixie Hwy Suite 106 Vero Beach FL 32962 BIDDER's Federal Employer Identification Number (FEIN) is 65-0284242 3. My name is Timothy Rose 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.seq. Florida Statutes and refer to the applicable Florida Statue(s) and/or OSHA Regulation(s) and include the "effective date" in the citation(s). Reference to and compliance with the applicable Florida Statute(s) and OSHA Regulation(s) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 5. The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards. 6. The BIDDER has allocated and included in its bid the total amount of $ based on the linear feet of trench to be excavated over five (5) feet deep, for compliance with the applicable Trench Safety Standards, and intends to comply with said standards by instituting the following specific method(s) of compliance on this Project: N/A The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness, or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. Page 22 of 37 Bid No. 2018043/IRC-1523 7. The BIDDER has allocated and included in its bid the total amount of $ based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method(s) of compliance on this Project: The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 8. The BIDDER, in submitting this bid, represents that it has obtained and considered all available geotechnical information, has utilized said geotechnical information and that, based on such information and the BIDDER's own information, the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project. BIDDER: Timothy Rose Position or Title: President Date: 03/27/18 STATE OF Florida COUNTY OF Indian River Personally appeared before me, the undersigned authority, Timothy Rose who after first being sworn by me, affixed his/her signature in the space provided above on this 27th day of March , 201$_. i 1 NO.iftiiol'��SSI�Eaef2F e?Q \ l DL..S(—)rJr.H WEST 4578 Notary Public, tate at large ,� NIYCONLtvL'SS[ONitFF9019 y &+ fF FyplRES; Octa' a 03, 2019 My CommisWo, Expires: Page 23 of 37 Bid No. 2018043/IRC-1523 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-1523 for 43R1 AVENUE BRIDGE OVER IRFWCD SOUTH RELIEF CANAL RAILING REPAIR Note: Attach additional sheets if required. Page 24 of 37 Work to be Performed Subcontractor's Name/Address Portion of WorkLOA I 1. Guardrail SE Guardrail 7760 Hooper Road West Palm Beach, FL 33411 80% 2. 3. 4. 5. 6. 7. 8. 9. 10. Note: Attach additional sheets if required. Page 24 of 37 Bid No. 2018045/IRC-1523 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) Timothy Rose Contracting, Inc. and (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: PROJECT DESCRIPTION: The project will consist of the complete removal of the existing concrete railing in both directions of the 43" Avenue Bridge over South Relief Canal and installing Thrie Beam Guardrail in its place. Remove posts flush, grind steel down 1" and replace with epoxy. Miscellaneous asphalt around guardrail is to be installed in accordance with the applicable FDOT standard index. A maintenance of traffic plan shall be submitted to the Indian River County Traffic Division by a Florida Licensed Professional Engineer for approval prior to commencing work. Bidder must hold FDOT Prequalification Work Class 13 — Guardrail. 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: 43RD AVENUE BRIDGE OVER IRFWCD SOUTH RELIEF CANAL RAILING REPAIR (IRC -1523) Bid Number: 2018043 Project Address: 43rd AVENUE, SOUTH RELIEF CANAL, VERO BEACH, FLORIDA 32968 ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the 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 30th day after the date when the Contract Times commence to run. 3.03 Liquidated Damages Page 25 of 37 Bid No. 2018045/IRC-1523 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: $ 143,431.00 Written Amount: One Hundred Forty -Three Thousand Four Hundred Thirty -One Dollars ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this 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. Page 26 of 37 Bid No. 2018045/IRC-1523 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 credit or a security as listed in Part II of F.S. Chapter 625. Any such alternative form of security shall be for the same purpose, and be for the same amount and subject 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 commissioners, 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. 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. E. Contractor does not consider that any further examinations, investigations, explorations, tests, Page 27 of 37 Bid No. 2018045/IRC-1523 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. 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 2018043; (2) CONTRACTOR'S Bid Form (pages 11 to 13, inclusive); (3) Bid Bond (page 14); (4) Drug Free Workplace Form (page 15); (5) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 16to 17, inclusive); (6) Bidders Qualifications Questionnaire (pages 18 to 21, inclusive); (7) Sworn Statement Under the Florida Trench Safety Act (page 22 to 23, inclusive); (8) List of Subcontractors (page 24); (9) Construction Drawings: Sheet C-1— Cover sheet titled "Railing Retrofit for: 43`d Avenue Bridge over South Relief Canal", B-1 to B-5, - Drawings titled "Railing Retrofit for: 43`d Avenue Bridge over South Relief Canal", FDOTStondord Sheets 400 Guardrail (Sheets 1- 26), 470 Traffic Railing — (Thrie Beam Retrofit), General Notes and Details (Sheets 1-3), 475 Traffic Railing — (Thrie Beam Retrofit) Wide Curb Type 1 (Sheets 1-4) (10) This Agreement (pages 25 to 32, inclusive); Page 28 of 37 Bid No. 2018045/IRC-1523 (11) Public Construction Bond (if applicable) (pages 33 to 35 inclusive); (12) Certificates of Liability Insurance (page 36); (13) Notice to Proceed (page 37); (14) Addenda (if applicable) ' to ; (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 Page 29 of 37 Bid No. 2018045/IRC-1523 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. 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 180127 1h Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Page 30 of 37 Bid No. 2018045/IRC-1523 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: (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, materialmen 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. 7 Page 31 of 37 Bid No. 2018045/IRC-1523 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 15 , 20 18 (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: JITY GO INDIAN RIVER COUNTY s By: P O'Bryan, a O By:�MTY, �F��P\• Jason E. Brow , County Administrator APPROVE AS TO FOR AND EGAL SUFFICIENCY: By. fDylan Reingold, County Attorney ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: (-= Deputy Clerk (SEAL) Designated Representative: Name: James W. Ennis, P.E., PMP Title: County Engineer Address: 180127 th Street. Vero Beach, FL 32960 Phone: (772) 226-1221 Email: jennis@ircgov.com Page 32 of 37 CONTRACTOR: Timothy Rose Contracting By: (Contractor) (CORPORATE SEAL) Attest to _ Address for giving notices: 1360 SW Old Dixie Hwy Suite 106 Vero Beach FL 32962 License No. c4&C-o5 ZC 0 (Where applicable) Agent for service of process: Designated Representative: Name: Debbie West Title: Office Manager Address: 1360 SW Old Dixie Hwy Suite 106 Vero Beach FL 32962 Phone: 772.564.7800 Email: timrose7@comcast.net (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 3120180033698 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3121 PG: 1263, 6/1/2018 10:57 AM Public Work P.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 INSMUTED 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: 9815814 CONTRACTOR NAME: Timothy Rose Contracting, Inc. CONTRACTOR ADDRESS; 1360 Old Dixie Hwy SW, Suite 106 Vero Beach, FL 32962 CONTRACrOR PHONE NO: (772) 564-7800 SURETY COMPANY NAME: Westfield Insurance Company SURETY PRINCIPAL One Park Plaza, P.O. Box 5001 BUSINESS ADDRESS: Westfield Center, OH 44251-5001 SURETY PHONE NO: (904) 226-1416 OWNBRNAME: Indian River County, a political subdivision of the State of Florida OWNER ADDRESS: 1801 27th Street Vero Beach, FL 32960 OWNPR PHONE NO: (772) 226-1416 OBLIGEE NAME: Of CoetractIng entity to ditfmnt from the otrne4 the coetraCln j publlr ontlty) ' OBLIGES ADUMS: OBLIGEE PHONE NO: BOND AMOUNTt $143,431.00 CONTRACT NO: III applicable) DESCRIPTION OF WORK: 43rd Avenue Bridge Over IRFWCD South Relief Canal Railing Repair PROJECT LOCATION: as per description of work LEGAL DESCRIPTION: (tf appl"bl0 FROt,T PAG F. AN ether bond pnje(e) are dnmrd tubaequenf In ON page rwrdtere of any pege ovtnherp) that may be printed themon. 00810-2 00610 - Pubilc Construction Bond F:V�ub(ic WorksIENGINEERING DIVISION PROJECTS10225 201h Ave and 16th St intersection tmprovemontVAdmimibid do=fnenbj\Mester Contract Doaunents100610 -Public Construckn Bond.doc A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK BK: 3121 PG: 1264 PUBLIC CONSTRUCTION BOND Bond No. 9815814 enter bond number) BY THIS BOND, We Timothy Rose Contracting, Inc. ' as Principal and Westfield Insurance Company a corporation, as Surety, are bound to Indian River County , herein called Owner, In the sum of $ 143,431.00 , 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 15 2018 , between Principal and Owner for construction of 43rd Ave Bridge overt SoutlMelief Canal Railing Repairthe 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 formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON May 15, 2018, 00810.3 'y Timothy Rose Contracting, Inc. (Name of Prin I al By Attorney in act C Lord 1 Westfield Insurance Company (Name of Surety) 00610 - Public Corwruction Bond F:Wubr)c waYWENQINEERING DIVISION PROJECTSt0225 20th Ave and 16th Sl IntersecUon Improvemen0AdmkftId documentsVA"ar Conhwt DocurnentsNOW10. Pub0c Construction Sond.doc A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK BK: 3121 PG: 1265 '.z COUNTY T7:: 16 TO CERTIFY THAT THIS IS A TRUE AND CORRECT CC?Y OF THE ORIGINAL ON F!LE IN THIS MICE. THIS CF;C �,L MAY HAVE REDACTED INFOR'd„ TION AS STATED IN FL0RIDA STATUE 119.01, General ;•y';::ti; / SMITH, C K Power�t BY of Attorney ;. f DEP �1 U�1 CLE K °'•� DATE CERTIFIED COPY POWER NO, 0990102 00 Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies,' duly organized and existing under the laws of the State of Ohio, and having Its principal office In Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint CABOT W. LORD, JOSEPH E. COONS, JOINTLY OR SEVERALLY of PALM CITY and State of FL its true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship - - - - - - - - - - - - - - - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANIL OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-In-Fact may do in thePremises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fldellty & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomeyin-Fact shall be as binding upon the Company as if signed b the President and sealed and attested by the Corporate Secretary.' Be it Further Resolved, that the signature of any such designatedpersonand the seal of the Company heretofore or hereafter affixed to any power of attorneyor any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be vald and binding upon the Company with respect to any bond or undertaking to which it is attached," (Each adopted at a meeting held on Februaryy 8, 2000). In Witness lNhereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto atfitA1 Mt ° of MARCH A.D., 2014 . o}wratb t y„ �;ONAi �' '"" WESTFIELD INSURANCE COMPANY 5fett . a •� ,'�? tisG•; f WESTFIELD NATIONAL INSURANCE COMPANY Witted `Y = o• .Q�r�yE OHIO FARMERS INSURANCE COMPANY o °j, Y : H- • SEAL 1848 • S r` "`~.•• }`.,.* �r w"'' +� By yDennis P. B� aV\ u~s National Surety Leader and Sta4nc ofib G,puHtyrq°PRteeRf°°r ss.: Senior Executive '6rv1hi*,A1 "day of MARCH A.D., 2014 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did depose and say, that, he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Seal Flt A L S Affixed gyp..... F David A. Kotnik, Attorney at Law, Notary Public State of Ohio N M o My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.; q ?� ,r£ OF 0� ,I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attomey are in full lfpro,4nd effect. ,')WWitness Mweol, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 15th day of " AlJay {Y7L4 01$ .��oNAt,y •,, ;.., ,,......, ,SG,; fes{ Ap �t�.A�.. �" N SEAL :m. 1 Sec -f07 1848 1,_ • ��jr' :,�. ;p,:iB4H f Frank A. Carrino, Secretary ;. rf ►, , 8P0ACZjcbmbined) (06-02) -�-� I0R-1 OP ID: TJ ACORO" CERTIFICATE OF LIABILITY INSURANCE DATE(M 05/155/20/20YYY) 18 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 772-286-4334 Stuart Insurance, Inc. 3070 S W Mapp Palm City, FL 34990 CONTACT Tani Jacobson NAME - PHONE 772-286-4334 FAX 772-286-9389 (A/C, No, Ext): (A/C, No): E-MAIL taco son stuartinsurance.net ADDRE S: Rick Halcomb, CIC, ARM INSURERS AFFORDING COVERAGE NAIC p INSURER A: Westfield Insurance Co. 24112 INSURED Timothy Rose Contracting Inc 1360 Old Dixie Hedy SW, Ste 106 INSURER B CLAIMS -MADE X OCCUR Vero Beach, FL 32962 INSURER C ; INSURER D 06/06/2017 INSURER E: DAMAGE TO RENTED SOO,000 PR a occurrence $ INSURER F: COVERAGES CERTIFICATE NUMBER: 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 TYPE OF INSURANCEDDL Indian River County SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR Y CMM6079889 06/06/2017 06/06/2018 DAMAGE TO RENTED SOO,000 PR a occurrence $ MED EXP (Any oneperson) $ 5,000 X Contractual Liab X Incl XCU PERSONAL BADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY LX] jEo F—] LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 Emp Ben. $ 1,000,000 OTHER: A AUTOMOBILE LIABILITY COMBIINdED SINGLE LIMIT $ 1,000,000 BODILY INJURY Perperson) $ X ANY AUTO y CMM6079889 06/06/2017 06/06/2018 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PerOaccidentDAMAGE $ X AUTOS ONLY X NON-OWNED ONELYY $ X PIP $10000 A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3'000'000 AGGREGATE $ EXCESS LIAB CLAIMS -MADE CMM6079889 06/06/2017 06/06/2018 DED RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE F__l OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under N I A - PER OTH- TAT TE I ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Contractors Equip CMM6079889 06/06/2017 06/06/2018 Rented 50,000 Equipment $1000 ded DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) RE: Indian River County Bid No. 2018043, 43rd Ave Bridge over IRFWCD South Relief Canal Railing Repair. -Indian River County is additional insured with respect to general liability and auto liability CERTIFICATE HOLDER CANCFI I ATInNI IRCBD-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Indian River County ACCORDANCE WITH THE POLICY PROVISIONS. Bldg Dept AUTHORIZED REPRESENTATIVE 1801 27th St Vero Beach, FL 32960 AuuKu 25 (2016103) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD / ® A " O CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/17/2018 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 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). SUNZ Insurance Solutions, LLC ID: (Essential) c/o Essential HR, Inc. dba First Star HR 4455 LBJ Freeway, Suite 1080 Dallas, TX 75244 CONTAPRODUCER NAME: Jennifer Hau er PHONE 872.404-0295 NC No: E-MAIL ADDRESS: 'ennifer.hau er firststarhr.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: SUNZ Insurance Company 34762 INSURED Essential HR Inc. INSURER B: EACH OCCURRENCEDAMAGE $ dba FirstStar HR INSURER C: INSURER D: 4455 LBJ Freeway INSURER E Suite 1080 Dallas TX 75244 • INSURER F COVERAGES CERTIFICATE NUMBER: 41962996 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 OF INSURANCE ADDTYPE INSD WVDSUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCEDAMAGE $ CLAIMS -MADE � OCCUR PREM SESOEa occurrent$ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑PRO LOC JECT PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ UMBRELLALIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN WCPE0000018405 10/1/2017 10/1/2018,/ STATUTE EORH EACH ACCIDENT $1,000,000 ANYPROPRIETORIPARTNER/EXECUTIVEE.L. OFFICER/MEMBER EXCLUDED? F—] NIA E.L. DISEASE - EA EMPLOYEE $ 1 000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below I I I E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Coverage provided for all leased employees but not subcontractors of: Timothy Rose Contracting, Inc. 1360 SW OLD DIXIE HWY SUITE 106 Effective date: 10/1/2013 Work performed at 43rd Ave Bridge IRC #1523 CERTIFICATE HOLDER CANCELLATION 62200099 Indian River Count SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1801 27th Street y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Vero Beach FL 32960 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE N `7 Glen J Distefano ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 41962996 1 Essential HR Inc PEO 184 MASTER CERT I Natalie Matthews 1 5/17/2018 9:43:02 AM (CDT) I Page 1 of 1 NOTICE TO PROCEED Bid No. 2018045/IRC-1523 Dated TO: (BIDDER) ADDRESS: Contract For: 43RD AVENUE BRIDGE OVER IRFWCD SOUTH RELIEF CANAL RAILING REPAIR (Insert name of Contract as it appears in the Contract Documents) Project No: 1523 IRC Bid No. 2018043 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 30 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 has 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) (Title) Page 37 of 37