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HomeMy WebLinkAbout2018-191ACONTRACT DOCUMENTS AND SPECIFICATIONS FOR VICTOR HART SR. COMPLEX DRAINAGE IMPROVEMENTS BID NO. 2019005 PROJECT NO. IRC -1760 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA PETER D. O'BRYAN, 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 IRC-1760_ITB_COV201801101 00001 -1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1760 Victor Hart Sr. Complex Drainage Improvements\1-Admin\Bids\Bid Documents\IRC- 1760_ITB_C OV201801101. doc t vERCo� Indian River County Purchasing Division 180027 th Street Vero Beach, FL 32960 * * Phone (772) 226-1416 ORIS INVITATION TO BID Project Name: Bid #: Bid Security Required: Public Construction Bond Required: Pre -Bid Meeting: I VICTOR HART SR. COMPLEX DRAINAGE IMPROVEMENTS (IRC -1760) 2019005 S% YES, for contracts over $100,000 Wednesday, September 5, 2018 at 11:OOAM at Indian River County Administration Building A 180127th Street — Conference Room Al -303 Vero Beach, Florida 32960 Bid Opening Date: Wednesday, September 19, 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 ONE (1) MARKED ORIGINAL AND ONE (1) COPY OF YOUR BID, PLUS ONE (1) THUMB DRIVE OR CD CONTAINING A FULL PDF OF YOUR SUBMITTAL. Refer All Questions to: Jennifer Hyde, Purchasing Manager Phone: (772) 226-1416 Email: t)urchasine(@irceov.com Page 1 of 39 Bid No. 2019005/IRC-1760 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 # 2019005 VICTOR HART SR. COMPLEX DRAINAGE IMPROVEMENTS (IRC -1760) 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 Wednesday, September 19, 2018. Only bids .received on or before the time and date listed will be considered. Bids should be addressed to Purchasing Division, 1800 27th Street, Vero Beach, Florida 32960. All bids will be opened publicly and read aloud at 2:00 PM. Bids submitted after 2:00 PM on the day specified above will not be accepted or considered. This project involves raising the elevation of the football field area, including repositioning of related items such as irrigation heads to accommodate the new elevation, and re -sodding the football field and disturbed areas. In addition, improvements to the existing adjacent parking area and site drainage improvements, as well as expansion of an onsite wet detention system, are included. A pre-bid conference will be held at 11:00AM Wednesday, September 5. 2018, in the first -floor conference room of the Indian River County Administration Building located at 1801 27th Street, Vero Beach, Florida 32960. 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, August 19, 2018 Please furnish Tear Sheet, Affidavit of Publication, and Invoice to: Indian River County Purchasing Division 180027 th Street Vero Beach, FL 32960 Page 2 of 39 Bid No. 2019005/IRC-1760 TABLE OF CONTENTS f INVITATIONTO BID...........................................................................................................................................1 TABLEOF CONTENTS................................................................................................................................................................ 3 INSTRUCTIONSTO BIDDERS..................................................................................................................................................... 4 GENERAL TERMS AND CONDITIONS............................................................................................................................................. 4 TECHNICALSPECIFICATIONS................................................................................................................................................... it SCOPE......................................................................................................................................................................................... 11 BIDFORM.............................................................................................................................................................................. 12 BIDSCHEDULE........................................................................................................................................................................ 13 AIADOCUMENT A310 BID BOND............................................................................................................................................ 15 DRUG-FREE WORKPLACE CERTIFICATION............................................................................................................................... 16 SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS .............. 17 BIDDERS QUALIFICATIONS QUESTIONNAIRE.......................................................................................................................... 19 SWORN STATEMENT UNDER THE FLORIDA TRENCH SAFETY ACT........................................................................................... 23 LISTOF SUBCONTRACTORS.................................................................................................................................................... 25 SAMPLEAGREEMENT...........................................................................................................................:................................. 26 PUBLICCONSTRUCTION BOND............................................................................................................................................... 35 PUBLICCONSTRUCTION BOND.................................................................................................................................................. 37 SAMPLE CERTIFICATE OF LIABILITY INSURANCE..................................................................................................................... 38 NOTICETO PROCEED.............................................................................................................................................................. 39 Page 3 of 39 Bid No. 2019005/IRC-1760 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 180027 th 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, one copy plus one thumb drive or CD containing a full pdf of your submittal 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 supplier for the materials described in the requisition. The invoiced amount of County Purchased Materials and Page 4 of 39 Bid No. 2019005/IRC-1760 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 payable to Indian River County in connection with the construction of the Work by the,accepted bidder. All permit, Page 5 of 39 Bid No. 2019005/IRC-1760 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 6 of 39 Bid No. 2019005/IRC-1760 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 $35,0001 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 7 of 39 Bid No. 2019005/IRC-1760 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 8 of 39 Bid No. 2019005/IRC-1760 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. 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 9 of 39 Bid No. 2019005/IRC-1760 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 varyfrom these General Conditions, shall have precedence. End of General Terms and Conditions Bid No. 2019005/IRC-1760 TECHNICAL SPECIFICATIONS SCOPE This project involves raising the elevation of the football field area, including repositioning of related items such as irrigation heads to accommodate the new elevation, and re -sodding the football field and disturbed areas. In addition, improvements to the existing adjacent parking area and site drainage improvements, as well as expansion of an onsite wet detention system, are included. A Pre -Bid Conference will be held on Wednesday, September S. 2018, in the first -floor Conference Room No. A1- 303 of the Indian River County Administration Building located at 180127th Street, Vero Beach, Florida, 32960. Drawings consisting of a cover sheet and sheets numbered 2 through 13• inclusive, with each sheet bearing the general title: VICTOR HART SR. COMPLEX DRAINAGE IMPROVEMENTS: All work of this contract shall conform to the applicable Florida Department of Transportation (FDOT) Design Standards 2017. http://www.fdot.aov/desianlstandardplansIDS.shtm FDOT Standard Specifications for Road and Bridge Construction 2017. h ttp://www. fdot. aov/proarammanaaement/Implemented/SpecBooks/July2017/Files/717eBook. pdf Indian River County Fertilizer Ordinances 2013-012 and 2013-014 http://ircaov.com/Departments/Public Works/Stormwater Section/fertilizer.htm The IRC Road and Bridge Division has surplus guardrail (25'-30' lengths) for use on this project. The contractor will pick up the guardrail needed for the project from the County's Road and Bridge facility, transport guardrail to the project site, cut, form and manipulate the guardrail as needed for installation according to the project plans. The cost of this shall be included in base bid of item no 536-1-13 End of Technical Specifications Page 11 of 39 n Indian Raver County Purchasing Division 1800 271h Street Vero Beach, FL 32960 Phone (772) 226-1416 COPY Bid No. 2019005/IRC-1760 PROJECT NAME: VICTOR HART SR. COMPLEX DRAINAGE IMPROVEMENTS (IRC -1760) Bid #: Bid Opening Date and Time: Bid Opening Location: 2019005 Wednesday, September 19, 2018 at 2:00 P.M. Purchasing Division. 1800 27th Street-------- ----= — - Vero Beach, FL 32960 Project completion time after receipt of "Notice to Proceed" or PO: 150 DAYS The following documents must be submitted and made a condition of this Bid: A. Bid Form & Itemized Bid Schedule (pages 12 to 14, inclusive); B. Required Bid security in the form of h '% 9 ici F,Pr-, � C. Drug -Free Workplace Certification (page 16); D. Sworn Statement under Section 105.08, Indian River Code, on Disclosure of Relationships (pages 17 to 18, inclusive); E. Bidders Qualifications Questionnaire (pages 19 to 22, inclusive); F. Sworn Statement Under the Florida Trench Safety Act (pages 23 to 24, inclusive); G. List of Subcontractors (page 25) Page 12 of 39 Bid No. 2019005/IRC-1760 yIndian River County Purchasing Division £ i 1800 27°"Street Vero Beach, FL 32960 Phone (772) 226-1416 BID SCHEDULE — ADDENDUM 2 PROJECT NAME: VICTOR HART SR. COMPLEX DRAINAGE IMPROVEMENTS Guettler Brothers PROJECT NO. IRC -1760 BID NO. 2019005 . ADDENDUM #2 BIDDER'S N Construction, LLC Item No Descnptiohr' Unit Umt Price fluahE Tota ' 101-1 MOBILIZATION LS $ 33,500.00 1 $ 33,500.00 102-1 MAINTENANCE OF TRAFFIC LS $ 900.00 1 $ 900.00 1042 PREVENTION, CONTROL, & ABATEMENT OF EROSION AND WATER POLLUTION LS $ 6,200.00 1 $ 6,200.00 110-1-1 CLEARING AND GRUBBING AC $ 4,500.00 3.5 $ 15,750.00 120-1 EARTHWORK/SITEWORK LS $ 137,000.00 1 $ 137,000.00 160-4 8" STABILIZED SUBGRADE (PARKING AREA) SY $ 3.20 4,000 $ 12,800.00 285-704 6" CEMENTED COQUINA BASE GROUP 4 LBR 100 (2 LIFTS) (PARKING AREA qND WALKWAY) SY $ 15.00 4,000 $ 60,000.00 3341-13 ASPHALT MILLINGS (2") (OPEN CUT) (REMOVE AND REPLACE) SY $ 31.00 8 $ 248.00 425-1-521 INLET, DITCH BOTTOM "TYPE C" EA $ 2,700.00 8 $ 21,600.00 425.1-529 INLET, DITCH BOTTOM "TYPE C" (MODIFY) EA $ 1,350.00 1 $ 1,350.00 425-1-541 INLET DITCH BOTTOM 'TYPE D" EA $ 3,500.00 1 $ 3,500.00 425-2-62 MANHOLE (STORM) -'TYPE P" EA $ 4,000.00 1 $ 4,000.00 430-175-112 PIPE CULVERT CAP (12') LF $ 29.00 28 $ 812.00 430-175-115 PIPE CULVERT RCP (15") LF $ 45.00 867 $ 39,015.00 430-175-118 PIPE CULVERT RCP (18") LF $ 48.00 376 $ 18,048.00 430-175-124 PIPE CULVERT RCP (24") LF $ 68.00 476 $ 32,368.00 430-175-124A PIPE CULVERT CAP (24") LF $ 63.00 20 $ 1,260.00 430-982-121 MITERED END SECTION, CAP (12") EA $ 350.00 2 $ 700.00 430-982-125 MITERED END SECTION, RCP (18") EA $ 392.00 1 $ 392.00 536-1-13 GUARDRAIL (3' HIGH) (INSTALL) (COUNTY TO SUPPLY RAIL AND POST) (CONTRACTOR TO PROVIDE MOUNTING HARDWARE) LF $ 9.00 980 $ 8,820.00 550-10-228 FENCING TYPE B, 6' HT (RESET EXISTING) LF $ 12.00 1,380 $ 16,560.00 570-1-1 PERFORMANCE TURF, SEED AND MULCH (BAHIA) SY $ 1.40 425 $ 595.00 570-1-2 PERFORMANCE TURF, SOD (BAHIA) SY $ 2.50 2,980 $ 7,450.00 570-1-2A PERFORMANCE TURF, SOD (CELEBRATION BERMUDA) SY $ 3.50 12,450 $ 43,575.00 580-1 IRRIGATION, EXISTING (ADJUST AND REPAIR IF DAMAGED) LS $ 2,700.00 1 $ 2,700.00 999-1 AS -BUILT DRAWING (BY REGISTERED SURVEYOR) LS $ 22,000.00 1 $ 22,000.00 SUB TOTAL $ 491,143.00 FORCE ACCOUNT $100,000.00 TOTAL BID AMOUNT (INCLUDING FORCE ACCOUNT) $ 591,143.00 TOTAL PROJECT BID AMOUNT IN WORDS: Five Hundred Ninety Nie Thousand One Hundred Forty Three Dollars & Zero Cents NOTE: IF THERE IS A DISCREPANCY BETWEEN THE PLANS (SUMMARY OF PAY ITEMS) AND THE ITEMIZED BID SCHEDULE. THE BID SCHEDULE WILL BE UTILIZED FOR BIDDING PURPOSES. LS=Lump Sum EA=Each SY=Square Yard LF=Linear Foot CY=Cubic Yard Page 13 of 39 Indian River County Purchasing Division 180027 th Street Vero Beach, FL 32960 Phone (772) 226-1416 Bid No. 2019005/IRC-1760 D` 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: Guettler Brothers Construction, LLC Company Address: 4401 Whiteway Dairy Road City, State Ft. Pierce, FL Telephone: 772-461-8345 E-mail: ben@guettlerconstruction.com Code 34947 Fax: 772-461-8039 Business Tax Receipt Number: 1500-20050066 FEIN Number: 20-3608929 Authorized Signature: Date: I ri I Name: Ben Guettler Title: Manager (Type / Printed) Page 14 of 39 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Guettler Brothers Construction, LLC 4401 Whitew' ay Dairy Rd., Suite C Ft. Pierce, FL 34947 as Principal, hereinafter called the Principal, and Hartford Fire Insurance Company 200 Colonial Center Parkway, Suite 200 Lake Mary, FL 32746 a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto Indian River County - Division of Purchasing 1800 27th Street, Vero Beach, FL 32960 as Obligee, hereinafter call the Obligee, in the sum of Five Percent of Bid Amount (5%) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal has submitted a bid for Victor Hart Sr. Complex Drainage Improvement ITB -2019005-1-2019/DL, NOW, THEREFORE, if the Obligee shall accept the bid of the principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full -force and effect. Signed and sealed September 19, 2018. Witnesses: Guettler Brothers Construction, LLC (Seal) V k1 �6 t 1'r v` Lq t 6 -1 - f�- Hartford Fire Insurance Agency Name:. BROWN & BROWN OF FLORIDA INC KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21-220140 0 Hartford Fire Insurance Company, a corporation duly organized wider the laws ofthe State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized wider the laws ofthe State of Indiana 0 Hartford Accident and Indemnity'Company, a corporation duly organized under the laws ofthe State ofConnecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws ofthe State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws ofthe State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws ofthe State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws ofthe State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws ofthe State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : Gerald J. Arch, Michael A. Holmes, James F. Murphy of FORT LAUDERDALE, Florida their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the. Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Tt' 7tA,i ......... *��31 h '�«*►r� >♦ ►a• 1sV•0v•1�Anr► g ..c;c _?iA 19 7k0y4 ``9ne7 �'^ -.•�a'n�I•9l•�4 4r' f • � •�'yR$,gp15� 4.•1•'�• .i j•.y.• John Gray, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD ) M. Ross Fisher, Senior Vice President On this 11th day of. January, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. 0 ' Nora M. Stranko Notary Public CERTIFICATE My Commission Expires March 31, 2018 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said tor- .rig , H hick his still in full force effective as of Signed and sealed at the City of Hartford` . o�yrrr GO -3 _r�lY1r���� .r� raer.rnv�' s•otM 197.-; ; s1979:S1a'�''••asN i�p .� iO.l • •,,�''•h.Np.S ' rI•I�1• n,ti Kevin Heckman, Assistant Vice President Direct Inquiries/Claims to: THE HARTFORD BOND, T-12 POWER OF ATTORNEY Hard Plaza Hartford,One one t-iccut06155 Bond. Claims6thehartford.com call. 888-266-3488 or fax: 860-757-5835 Agency Name:. BROWN & BROWN OF FLORIDA INC KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21-220140 0 Hartford Fire Insurance Company, a corporation duly organized wider the laws ofthe State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized wider the laws ofthe State of Indiana 0 Hartford Accident and Indemnity'Company, a corporation duly organized under the laws ofthe State ofConnecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws ofthe State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws ofthe State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws ofthe State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws ofthe State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws ofthe State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : Gerald J. Arch, Michael A. Holmes, James F. Murphy of FORT LAUDERDALE, Florida their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the. Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Tt' 7tA,i ......... *��31 h '�«*►r� >♦ ►a• 1sV•0v•1�Anr► g ..c;c _?iA 19 7k0y4 ``9ne7 �'^ -.•�a'n�I•9l•�4 4r' f • � •�'yR$,gp15� 4.•1•'�• .i j•.y.• John Gray, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD ) M. Ross Fisher, Senior Vice President On this 11th day of. January, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. 0 ' Nora M. Stranko Notary Public CERTIFICATE My Commission Expires March 31, 2018 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said tor- .rig , H hick his still in full force effective as of Signed and sealed at the City of Hartford` . o�yrrr GO -3 _r�lY1r���� .r� raer.rnv�' s•otM 197.-; ; s1979:S1a'�''••asN i�p .� iO.l • •,,�''•h.Np.S ' rI•I�1• n,ti Kevin Heckman, Assistant Vice President Bid No. 2019005/IRC-1760 DRUG-FREE WORKPLACE CERTIFICATION (Please include this form with your bid) , The undersigned vendor in accordance- with. Florida Statute 287.087 hereby certifies that Guettler Brothers Construction. LLC 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 imposed upon employees for drug abuse violations. ------3-----G-ive--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. Guettler Brothers Construction, LLC Company Name Bidder's Signature Date: C1 lit Page 16 of 39 Bid No. 2019005/IRC-1760 SWORN STATEMENT UNDER SECTION 105008, 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. 2019005 for VICTOR HART SR. COMPLEX DRAINAGE IMPROVEMENTS (IRC -1760) 2. This'sworn statement is submitted by: Guettler Brothers Construction, LLC (Name of entity submitting Statement) whose business address is: 4401 Whiteway Dairy Rd., Ft. Pierce, FL 34947 and its Federal Employer Identification Number (FEIN) is 20-3608929 3. My name is Ben Guettler . (Please print name of individual signing) and my relationship to the entity named above is Manager 4. 1 understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 5. 1 understand that the relationship with a County Commissioner or County employee that must be.disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister- in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] x Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who'are active in management of the entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. Page 17 of 39 Bid No. 2019005/IRC-1760 x 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 I. Indian River Name of County Commissioner or employee Relationship (Date) The foregoing instrument was acknowledged before'me this 19th day of September , 20 18 , by _ Ben Guettler who is personally known to me or who has produced as identification. NOTARY PUBLIC SIGN: J Q,(D�k h PRINT: Sharon M. Morris Notary Public, State at large My Commission Expires: 7/31/2022 Page 18 of 39 (Seal) ro�rnr PLe�4 SHARON M. MORRIS Commleelon # 00 233422 Explres July 31, 2022 s�,o NT SwdedTMaBWgs1NotatySw*As Bid No. 2019005/IRC-1760 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 -1760 Project Name: VICTOR HART SR. COMPLEX DRAINAGE IMPROVEMENTS 1. Bidder's Name / Address: Guettler Brothers Construction, LLC 2. Bidder's Telephone & FAX Numbers: PH: 772-461-8345, Fax: 772-461-8039 3. Licensing and Corporate Status: a. Is Contractor License current? Yes b. Bidder's Contractor License No: CGC1511503 [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- 13 Years 5. What is the last project OF THIS NATURE that the firm has completed? South County Park General Use Field 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 19 of 39 Bid No. 2019005/IRC.-1760 [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. Will provide if awarded project. 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: Ben Guettler Date of Inspections: 9/05/18 15. Name of on-site Project Foreman: Ronny Ward Number of years of experience with similar projects as a Project Foreman: 20+ 16. Name of Project Manager: Ben Guettler Number of years of experience with similar projects as a Project Manager: 16+ 17. State your total bonding capacity: $20,000,000.00 18. State your bonding capacity per job: $12,000,000.00 19. Please provide name, address, telephone number, and contact person of your Vivian Santiago bonding company: Brown & Brown of Florida, Inc. 1201 W. Cypress Creek Road, Suite 130 Ft. Lauderdale, FL 33309 Ph: 954-776-2222Page 20 of 39 0 U o. 0 rn 0 N O Z P rn r N C O O 0 '? U E Q Z c 65- Z Z ii V U 00 O 0 o 0 R a "• CO o O 0_ N M V) rl- G � � O a c U) O N i i.N �a w Q m°� �°_� J C +�+ EELU Y Y O CD ca N ca � L C V J 0 3 o O O ca U 2 r0.. N co cc E (O N N N r U r Y c cz W a a ca m 0 C J N (D >O a) E o U NU Fz 0 "— U Z c� a, c .� U c = a) m •- M " En cn CO Q 0 d m cu U 00 Bid No. 2019005/IRC-1760 [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: (Signature) Manager (Position or Title) ' (Date) [END OF BIDDERS -QUALIFICATIONS -QUESTIONNAIRE] Page 22 of 39 Bid No. 2019005/IRC-1760 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 -1760 for VICTOR HART SR. COMPLEX DRAINAGE IMPROVEMENTS 2. This Sworn Statement is submitted by Guettler Brothers Construction, LLC (Legal Name of Entity Submitting Sworn Statement) 4401 Whiteway Dairy Rd, Ft. Pierce, FL 34947 , hereinafter "BIDDER". The BIDDER's address is BIDDER's Federal Employer Identification Number(FEIN) is --20-3608929----_..-- --. 3. My name is Ben Guettler and my relationship to the BIDDER (Print Name of Individual Signing) is Manager (Position or Title) I certify, .through my signature at the end of this Sworn Statement, that I am. an authorized representative of the BIDDER. 4. The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act, Section 553.60 et.seq. Florida Statutes and refer to the applicable Florida Statue(s) and/or OSHA Regulation(s) and include the "effective date" in the citation(s). Reference to and compliance with the applicable Florida Statute(s) and OSHA Regulation(s) is the complete and sole responsibility of the 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 $ Z., 000 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: 'be.�cht ria+, 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 23 of 39 Bid No. 2019005/IRC-1760 The BIDDER has allocated and included in its bid the total amount of $- o on the square feet of shoring to be used for compliance with shoring safety intends to comply with said shoring requirements by instituting the following of compliance on this Project: t4 IA �D based requirements and specific method(s) 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. 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: Guettler Brothers rmtruction LLC By: _ ykjz L) , — Position or Title: Manager Date: STATE OF Florida COUNTY OF Indian River Personally appeared before me, the undersigned authority, Ben Guettler who after first being sworn by me, affixed his/her signature in the space provided above on this 19th day of September , 20 18 Sharon M. Morris Y/7 WS _ ���-Al Notary Public, State at large My Commission Expires: 7/31/2022 ��iAy SHARON M. MORRIS COMMISSIon # GG 233422 P' Expires July 31, 2022 �OfFLUP BoededDoBudgelP"y8&-AM Page 24 of 39 Bid No. 2019005/IRC-1760 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-1760 for VICTOR HART SR. COMPLEX DRAINAGE IMPROVEMENTS Note: Attach additional sheets if required. Page 25 of 39 Work to be Performed Subcontractor's Name/Address Portion of Work 1. Guardrail Install Southeast Hwy 7760 Hooper Road West Palm Beach, FL 33411 1% 2• Utilities/Drainage Roc's Construction, LLC 4652 SW Wade Dr Port St. Lucie, FL 34953 20% 3. .4. 5. 6. 7. 8. 9. 10. Note: Attach additional sheets if required. Page 25 of 39 Indiana River County Purchasing Division 180027 1h Street Vero Beach, FL 32960 Phone (772) 226-1416 Fax (772) 770-5140 Date: Project Name: RFP Number: Bid Due Date: ADDENDUM NO. 1 August 29, 2018 Victor Hart Sr. Complex Drainage Improvements 2019005 September 19, 2018 at 2:00 pm This addendum is being released to answer questions received. Question 1: For the purpose of requesting our bid bond, it there an estimate for this project? Answer: The cost estimate for the project is $600,000.00. Question 2: Is this a unit cost or lump sum bid? Answer: This is a unit cost bid. Please complete the entire Bid Schedule form included in the Invitation to Bid document for this project. Question 3: Would it be possible to get a copy of the bid quantity sheet in excel format? Answer: Only the Bid Schedule form included in the Invitation to Bid document will be accepted as part of the bid. Please complete your bid on the form provided. Question 4: For the purpose of calculating the earthwork would it be possible to get a copy of the CAD files? Answer: Please refer to the Project Plans for quantity estimations.. Question 5: Is there a geotechnical report available? Answer: There is no geotechnical report available for the project at this time. Question 6: Who is paying for materials and density testing? Answer: The County's geotechnical consultant will provide material and density testing. Fees for re- testing will be the responsibility of the Contractor. Question 7: Is the contractor responsible to remove and relocate the existing aluminum building on-site? a. If so is there any information regarding how this building is constructed? b. Is a concrete pad be required for the new location? Answer: Due to the minimal proposed grade changes around the two metal sheds located adjacent to the football field, relocation of the sheds by the contractor will not be required. The construction plans will include this information. Question 8: Does the County want the Bermuda sod on palates or in rolls for this project? Answer: The County has no preference for how the sod arrives onsite. Question 9: Would ADS pipe be an acceptable alternate for the proposed CAP pipe? Answer: Please provide a bid based on the materials specified in the Bid Schedule. Substitutions will only be considered after the project is awarded. Question 10: Are the 5' wide coquina rock walkways the same thickness as the parking area? Answer: The coquina_walkwa.ys_and _parking_areas _are both 6"_thick.pe.rthe _Bid _Schedule. __,..____ Question 11: Plan sheet 7 shows an area of striping removal on the existing asphalt and new thermoplastic paint. Is this a part of the work for this project? c. There is not line item for striping. d. IF the County already has a striping sub -contractor under contract. for other County work, it would be more economical for that sub to stripe this area due to minimums being involved. Answer: The'removal of existing striping and restriping shown in the plans will be completed by County Traffic Operations Staff. The construction plans will include this information. Question 12: Is there an erosion control plan showing the location of silt fence and construction entrance? Answer: The Erosion Control Plan is the responsibility of the contractor. County Staff will coordinate with the Contractor on the selection of a construction entrance. Question 13: Are there any particular specification requirements for the fill to be used in the football field area? - = - - Answer: Fill for the football field area must be AASHTO Class A-1. The construction plans will include this information. Question 14: For bidding purposed are we to assume all of the 6' chain link fence that will be removed is in good condition and can be reused? Answer: The existing chain link fence is in good condition and suitable for reuse. Question 15: Is there a detail for the installation of the 3' high guardrail? Answer: The guardrail consists of 6'6" metal posts and 25' length sections of rail. Posts shall be set in the ground at 12.5' runs. While the County will provide the posts and rail for pickup from its Road and Bridge Division, the contractor shall provide hardware. The construction plans will include this information. Question 16: Plans state that the County is supplying the 3' high guardrail. Please provide the address for the County Road and Bridge facility? Answer: The County's Road and Bridge.Division is located at 4550 41st Street in Vero Beach, FL 32967. **This Addendum must be acknowledged by return of this form with your submittal * All bids must be received in the -Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960 prior to the Date and Time shown above. Late bids will be returned unopened. Company Name Guettler Brothers Construction, LLC Name: Ben Guettler Title: Manager (Type / Printed) Authorized Signature: / Date:i Telephone: 772-461-8345 Fax: 772-461-8039 Indian River County Purchasing Division 1800 2711 Street Vero Beach, FL 32960 Phone (772) 226-1416 Fax (772) 770-5140 Date: Project Name: RFP Number: Bid Due Date: ADDENDUM NO. 2 September 7, 2018 Victor Hart Sr. Complex Drainage improvements 2019005 September 19, 2018 at 2:00 pm This addendum is being released to modify the bid documents, provide minutes to the pre-bid meeting and answer questions received. The following documents are included: Minutes to pre-bid meeting Revised Itemized Bid Schedule (page 13 of 39) Revised Project Plans Photos of Guardrail shown at 9/5/18 Pre -Bid Meeting **This Addendum must be acknowledged by return 'of this form vuith your submittal** All bids must be received in the Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960 prior to the Date and Time shown above. Late bids will be returned unopened. Company Name Guettler Brothers Construction, LLC Name: Ben Guettler (Type / Printed) Title: Manager Authorized Signature: Date: hqbb Telephone: 772-461-8345 Fax: 772-461-8039 Page 1 of 5 Board of County Commissioners o z 180127th Street Vero Beach, Florida 32960-3365 *�LoxtpP Telephone: (772) 567-8000 Fax: (772) 778-9391 . PRE-BID MEETING MINUTES WEDNESDAY, SEPTEMBER 5, 2018 @ 11:00 A.M. INDIAN RIVER COUNTY ADMINISTRATION BUILDING Room Al -303 Building A VICTOR HART SR. COMPLEX DRAINAGE IMPROVEMENTS Project Number: IRC -1760 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 three (3) 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. PROJECT NAME: VICTOR HARTSR. COMPLEX DRAINAGE IMPROVEMENTS PROJECT NUMBER: IRC -1760 BID NUMBER: 2019005 INTRODUCTIONS/SIGN IN SHEET The (non -mandatory) Pre -Bid Meeting for the Victor Hart Sr. Complex Drainage Improvements project meeting was called to order by Andy Sobczak, IRC Project Manager at 11:00 AM. All parties present identified themselves for the project record and completed a sign in sheet. PROJECT DESCRIPTION: This project involves raising the elevation of the football field area, including repositioning of related items such as irrigation heads to accommodate the new elevation, and re -sodding the football field and disturbed areas. In addition, improvements to the existing adjacent parking area and site drainage improvements, as well as expansion of an onsite wet detention system are included in the project. The project is located west of 43rd Avenue and south 491 Street. CONTRACT DETAILS Bid Opening: Wednesday, September 19, 2018 at 2:00 PM Contract time: 120 days to substantial completion 150 days to final completion Estimate: $600,000.00 Liquidated Damages: $1665.00 per day CONTACTS BIDDING PROCESS All communications concerning this bid shall be directed to Indian River County Purchasing Division at purchasing@ircgov.com PABids\2018-2019 FY (2019000)\2019005 Victor Hart Sr. Complex Drainage\Addendum 2 files\IRC-1760-PreBid_MIN_20180905.doc IRC -1760 — Pre -Bid Meeting Minutes Page 2 of 5 All questions other that covered in the meeting need to be submitted to IRC Purchasing Division. OTHER COORDINATION Indian River County Parks Division As of Mid -September 2018, the game schedule for the football field involved in this project has been cleared through the project's contract time allowance and expected duration of construction. PROJECT CONSIDERATIONS o Work within an existing public park o Standard work hours 7AM to 5PM o Contractor must submit a request for proposed weekend or night work o SJRWMD and IRC Storm Water Permits Issued • Staging and Material Storage o Storage areas must be preapproved by county staff o Portable restroom facilities • Addendums o Addendum to follow Pre -Bid will include the following items: ■ Revisions Project Plans: 1- Revised plans include resetting of one metal shed located at the SW corner of the football field. The metal shed located at the NE corner to remain in-place. 2- Revised plans include note indicating that IRC shall complete all parking area striping as shown on the plans. 3- Revised plans include note indicating that AASHTO Class A-1 fill must be used in the football field area. ■ Revisions to Itemized Bid Schedule: 1- Revised Itemized Bid Schedule includes upsizing 28' LF of Pipe Culvert from 8" to 12" (Itemized Bid Schedule Item No. 430- 175-112). 2- Revised Itemized Bid Schedule includes upsizing two mitered end sections from 8" to 12" (Itemized Bid Schedule Item 430- 982-121). 3- Revised Itemized Bid Schedule clarifies Item No. 536-1-13 to include the language: Contractor to Provide Mounting Hardware. o Provide project related comments and questions ASAP. Response to comments and questions received within 10 days of the bid opening date will not be provided PABids\2018-2019 FY (2019000)\2019005 Victor Hart Sr. Complex Drainage\Addendum 2 files\IRC-1760-PreBid_MIN_20180905.doc IRC -1760 — Pre -Bid Meeting Minutes Page 3 of 5 Andy Sobczak provided a brief PowerPoint presentation explaining changes to the Project Plans and the Itemized Bid Schedule. Updated Project Plans and the Itemized Bid Schedule will be provided as an attachment to this document (Addendum #2). Andy clarified that the guardrail portion of the project includes 25' sections of rail and 6'6" metal posts spaced at approximately 12.5' and driven into the ground to achieve a 3' guardrail height. Following the guardrail discussion, the meeting was opened up to questions and comments from the attendees. During this time, the following questions were asked by attendees. Answers to the questions are provided below: Questions & Answers Q: Is density testing required A: Yes, the county will provide density testing through its consultant. Retesting is the responsibility of the contractor. Q: Is the 6" thick coquina rock to be installed in two 3 -inch lifts? A: Yes. Q: If rolled sod is used, does the netting have to be removed? A: Sod netting must be removed prior to the installation of the sod. Q: Stripping depth is shown on the plans as 6-12 inch, can it be more clarified for volume calculation? A: Stripping depths will depend on suitability of the subgrade, contractor should assume a minimum of 6'; however, depths may need to be as deep as 12". Q: Grass planted in wintertime will be dormant. A: It is understood that the sod may arrive onsite in a dormant state. Q: Can material in pond be used if tested and meets criteria? A: Yes, if tested and meets the soil criteria indicated in the Project Plans. At this time, no boring data is available documenting the soil condition. As such, for bidding purposes, it should be assumed that fill will come from off the project site. Q: Seed and mulch vs. bahia sod areas, where does it chance? A: Contractor shall provide bid based on quantities provided. Locations will be determined during construction. Q: When is the anticipated project start date? Project Award is projected in October 2018, with a Notice to Proceed anticipated in November 2018 Q: Do storm drains have to be video inspected according to FDOT specs? A: Yes. P:\Bids\2018-2019 FY (2019000)\2019005 Victor Hart Sr. Complex Drainage\Addendum 2 files\IRC-1 760-PreBidMIN 20180905.doc IRC -1760 — Pre -Bid Meeting Minutes Page 4 of 5 Q: Irrigation is difficult to bid, could there be an allowance? A: The irrigation system is fully operational at this time. Contractor shall base bid on cost to raise applicable irrigation heads (based on finished grades) with consideration for any irrigation lines/equipment that may be damaged by the Contractor during construction. Q: What is the grading outside the fence line, away from the field 2 A: There should be limited grading outside the fence line. A slope of 2% will be sufficient. Q: Are aerial photos required every 30 days? A: Aerial photos will not be required for this project. Q: Is thumb drive or CD is required for bidding documents? A: Yes, please include all bid documents on a thumb drive or CD as well as paper copies. Q: Are CADD files available for take -off quantities? A: CADD files are not available for this project. Q: What is the quality of the guardrail that will be provided by IRC? A: Guardrail and posts are in good condition. Q: Are any adjustments to be made to the score boards or goal posts? A: No. Q: Are any adjustments to be made to the bleachers? A: No, they will be moved by IRC Parks Division prior to construction. Q: Does the estimate of $600,000 include the force account? A: No, it does not. Q: Will new plans will be included in the addendum? A: Yes, the addendum will include updated Project Plans and the Itemized Bid Schedule. Q: Is a dewatering permit included in the St Johns Permit? A: Per the Project Plans, the Contractor is responsible for obtaining any required dewatering permit from the applicable jurisdictional agency. With no further questions or comments, the meeting ended at 11:24 AM. ATTACHMENTS: 1) Revised Project Plans 2) Revised Itemized Bid Schedule 3) Photos of Guardrail from 9/5/18 Pre -Bid Meeting P:\Bids\2018-2019 FY (2019000)\2019005 Victor Hart Sr. Complex Drainage\Addendum 2 files\IRC-1760-PreBid—MIN_20180905.doc Indian.River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 Phone (772) 226-1416 BID SCHEDULE — ADDENDUM 2 PROJECT NAME: VICTOR HART SR. COMPLEX DRAINAGE IMPROVEMENTS Bid No. 2019005/IRC-1760 'SCG 'ia" v C ��l �zek,o�. PROJECT NO. IRC -1760 BID NO. 2019005 ` ADDENDUM #2 BIDDER'S NAME: Item No. Description Unit Unit Price Quantity Total 101-1 MOBILIZATION LS $ 1 $ 102-1 MAINTENANCE OF TRAFFIC LS $ 1 $ 1042 PREVENTION, CONTROL, & ABATEMENT OF EROSION AND WATER POLLUTION LS $ 1 $ 110-1-1 CLEARING AND GRUBBING AC $ 3.5 $ 120-1 EARTHWORK/SITEWORK LS $ 1 $ 160-4 8" STABILIZED SUBGRADE PARKING AREA SY $ 4,000 $ 285-704 6" CEMENTED COQUINA BASE GROUP 4 LBR 100 (2 LIFTS) PARKING AREA AND WALKWAY SY $ 4,000 $ 334-1-13 ASPHALT MILLINGS 2" OPEN CUT REMOVE AND REPLACE SY $ 8 $ 425-1-521 INLET, DITCH BOTTOM "TYPE C" EA $ 8 $ 425-1-529 INLET, DITCH BOTTOM "TYPE C" MODIFY EA $ 1 $ 425-1-541 INLET DITCH BOTTOM "TYPE D" EA $ 1 $ 425-2-62 MANHOLE STORM "TYPE P" EA $ 1 $ 430-175-112 PIPE CULVERT CAP 12" LF $ 28 $ 430-175-115 PIPE CULVERT RCP 15" LF $ 867 $ 430-175-118 PIPE CULVERT RCP 18" LF $ 376 $ 430-175-124 PIPE CULVERT RCP 24" LF $ 476 $ 430-175-124A PIPE CULVERT CAP 24" LF $ 20 $ 430-982-121 MITERED END SECTION, CAP 12" EA $ 2 $ 430-982-125 MITERED END SECTION, RCP 18" EA $ 1 $ 536-1-13 GUARDRAIL (3' HIGH) (INSTALL) (COUNTY TO SUPPLY RAIL AND POST) (CONTRACTOR TO PROVIDE MOUNTING HARDWARE LF $ 980 $ 550-10-228 FENCING TYPE B 6' HT RESET EXISTING LF $ 1,380 $ 570-1-1 PERFORMANCE TURF, SEED AND MULCH BAHIA SY $ 425 $ 570-1-2 PERFORMANCE TURF, SOD BAHIA SY $ 2,980 $ 570-1-2A PERFORMANCE TURF, SOD CELEBRATION BERMUDA SY $ 12,450 $ 580-1 IRRIGATION, EXISTING ADJUST AND REPAIR IF DAMAGED LS $ 1 $ 999-1 AS -BUILT DRAWING BY REGISTERED SURVEYOR LS $ 1 $ SUB TOTAL $ FORCE ACCOUNT $100,000.00 TOTAL BID AMOUNT (INCLUDING FORCE ACCOUNT) $ TOTAL PROJECT BID AMOUNT IN WORDS: NOTE: IF THERE IS A DISCREPANCY BETWEEN THE PLANS (SUMMARY OF PAY ITEMS) AND THE ITEMIZED BID SCHEDULE, THE BID SCHEDULE WILL BE UTILIZED FOR BIDDING PURPOSES. 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CA Oo Cl+ CV) 4-1 0 0 0 4� 0 U f6 4-J 0 0 LU 4-J 0 :E F- L 2017 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT# L05000096389 Entity Name: GUETTLER BROTHERS CONSTRUCTION, LLC Current Principal Place of Business: 4401 WHITEWAY DAIRY ROAD SUITE C FT PIERCE, FL 34947 Current Mailing Address: 4401 WHITEWAY DAIRY ROAD SUITE C FT PIERCE, FL 34947 . FEI Number: 20-3608929 Name and Address of Current Registered Agent: GUETTLER, BENJAMIN G 4401 WHITEWAY DAIRY ROAD SUITE C FT PIERCE, FL 34947 US FILED Apr 02, 2017 Secretary of State CC3872318184 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 Date Authorized Person(s) Detail Title MGRM Name GUETTLER, BENJAMIN G Address 4401 WHITEWAY DAIRY ROAD SUITE C City -State -Zip: FT PIERCE FL 34947 I hereby certify that the informationindicatedon this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and that my name appears above, or on an attachment with all other like. empowered. SIGNATURE: BENJAMIN G. GUETTLER MGRM 04/02/2017 Electronic Signature of Signing Authorized Person(s) Detail Date 0 v 0 0 Z) J O H . Q } H CO p W Z Z Q c N o O 0 (7 W m c � � H p 2 �`000 S 2 O _1 N C. � a t O _ _ U U O c 3 2 c y .o a J O L @ N Q O LO a N 0 c N o O 0 CL CON U c c � � oo .0 Ea c v o m n x 0 m �`000 o c n U y J j f0 w p C � U 15c O :9 O C O L L A O E U d O i C y m LC O A C C N N O V N o c E _ m EfO� 0 o ¢E Zo c c M qui='o d c °1 E 30mai � U l0 0 v U ou m IL N _^ rn N - n = c BOARD OF COUNTY COMMISSIONERS October 16, 2018 Guettler Brothers Construction, LLC Attn: Mr. Ben Guettler 4401 Whiteway Dairy Road Fort Pierce, FL 34947 NOTICE OF AWARD Reference: Indian River County Bid No. 2019005 Victor Hart Sr. Complex Drainage Improvements via Email Dear Mr. Guettler: It is my pleasure to inform you that on October 16, 2018, the Board of County Commissioners awarded the above -referenced project to your company. The following documents are required before the applicable County department can issue a "Notice to Proceed" letter. 1. Public Construction Bond (unrecorded) in the amount of 100% of the contract amount ($591,143.00). 2. Two Signed Copies of Enclosed Agreement. 3. Certificate of Insurance indicating coverage required by Article 5 of the General Conditions (section 00700 of the bid documents) and Supplemental Conditions (Section 00800 of the bid documents). Certificate(s) must name Indian River County as additional insured and must provide for a 30 day Notice of Cancellation. In accordance with section 255.05(1)(a), Florida Statutes, you are required to execute a Public Construction Bond for the above referenced project. Please submit the Bond, the Certificate(s) of Insurance and two fully -executed copies of the enclosed agreement to this office at the address provided below no later than Wednesday, October 31, 2018. Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of award. Thank you for your prompt attention and if you have any questions, please do not hesitate to contact our office. Sincerely, Jennifdt Hyde Purchasing Manager Office of Management and Budget • Purchasing Division 1800 2711 Street, Vero Beach, Florida 32960•(772) 226-1416*Fax: (772) 770-5140 E-mail: ourchasing@ircgov.com Bid No. 2019005/IRC-1760 AGREEMENT THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Guettler Brothers Construction, LLC. (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: This project involves raising the elevation of the football field area, including repositioning of related items such as irrigation heads to accommodate the new elevation, and re - sodding the football field and disturbed areas. In addition, improvements to the existing adjacent parking area and site drainage improvements, as well as expansion of an onsite wet detention system, are included. 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: VICTOR HART SR. COMPLEX DRAINAGE IMPROVEMENTS (IRC -1760) Bid Number: 2019005 Project Address: 471543 RD AVENUE, VERO BEACH, FLORIDA 32967 ARTICLE 3 - CONTRACT TIMES 3.1 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 theAgreement. 3.2 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 120' calendar day after the date when the Contract Times commence to run as provided in the Notice to Proceed and completed and ready for final payment in accordance with the Notice to Proceed on or before the 150' calendar day after the date when the Contract Times commence to run. Bid No. 2019005/IRC-1760 3.3 Liquidated Damages 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 $1,665.00 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 4.1 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 4.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $ 591,143.00 Written Amount: Five hundred ninety — one thousand one hundred forty three dollars ARTICLE 5 - PAYMENT PROCEDURES 5.1 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Bid and Specification Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. Bid No. 2019005/IRC-1760 5.2 Pay Requests. A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage .to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.3 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.4 Acceptance of Final Payment as Release A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 — PERFORMANCE, PAYMENT AND OTHER BONDS 6.1 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 11 of F.S. Chapter 625. Any such alternative form of security Bid No. 2019005/IRC-1760 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 theOWNER. C. The OWNER shall record the Public Construction Bond with the Public Record Section of the Indian River County Courthouse located at 200016th Avenue, Vero Beach, Florida32960. 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 8.1 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 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. Bid No. 2019005/IRC-1760 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 9.1 Contents A. The Contract Documents consist of the following: (1) Invitation to Bid 2019005; (2) CONTRACTOR'S Bid Form (pages 12 to 14, inclusive); (3) Bid Bond (page 15); (4) Drug Free Workplace Form (page 16); (5) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 17 to 18• inclusive); (6) Bidders Qualifications Questionnaire (pages 19 to 22, inclusive); (7) Sworn Statement Under the Florida Trench Safety Act (pages 23 to 24, inclusive); (8) List of Subcontractors (page 25); (9) Drawings consisting of a cover sheet and sheets numbered 2 through 13• inclusive, with each sheet bearing the general title: VICTOR HART SR. COMPLEX DRAINAGE IMPROVEMENTS; (10) This Agreement (pages 26 to 34• inclusive); (11) Public Construction Bond (if applicable) (pages 35 to 37, inclusive); (12) Certificates of Liability Insurance (page 38); (13) Notice to Proceed (page 39); Bid No. 2019005/IRC-1760 (14) Appendix A: Indian River County Record % As -Built Drawing specification; Appendix B: Permit Appendix C: Permittee's Affidavit Regarding Pollution (15) Addenda 1 to 2; (16) 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 10.1 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. . 10.2 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. 10.3 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. 10.4 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. Bid No. 2019005/IRC-1760 10.5 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.6 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 Contractors hall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records, upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 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 Contractor 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. 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 October /% 2018 (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: . ••�our�r°I `� CONTRACTOR: ,r .•.......Ot,;•.. INDIAN RIVER COUNTY' E k+l E k r'jI U I'h0' ( C D h s�Y oOi Of'1) L [, G By: Pete O'Bryan, Cha '•,gyp •f (Contractor) By: (CORPORATE SEAL) Jason f. Br wn, b6binty ministrator Attest NLA - APPROVED AS TO FORM AND LEGAL S ICIENCY: J.Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: o/%x 1 9 -�' All � Deputy Clerk (SEAL) Designated Representative: Name: James W. Ennis, P.E., PMP Title: County Engineer Address: 180127th Street. Vero Beach, FL 32960 Phone: (772) 226-1221 Email: iennis@ircgov.com Address forgiving notices: U140I W71Hwa y DIrI F-+. P I f F C f , 1 09 -7 -11 ;)- - U 0 - �- 3 Lf 5 License No. _C'1 G 151 15 D3 (Where applicable) Agent for service of process: Pt h C-! U e �k I t r Designated Representative: Name: igen GlUeii �Qr Title:MahaGer Address: Ug0I wl�Il-ewa. Daly d• ef. PleVCe; Phone: � I 2 - 14 (P Email: beh@l� Ike) IQrConsf-ruG{�Dh, c 0►Y1 (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) (: 3158 PG: 1721,10/24/2018 2:44 PM Public Work F.S. Chapter 255.05 (1)(a) Cover Page Bid No. 2019005/IRC-1760 THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. BOND NO: 21 BCSHP1461 CONTRACTOR NAME: Guettler Brothers Construction, LLC CONTRACTOR ADDRESS: 4401 Whiteway Dairy Road Fort Pierce, FL 34947 CONTRACTOR PHONE NO: 772-461-8345 SURETY COMPANY NAME: HARTFORD FIRE INSURANCE COMPANY SURETY PRINCIPAL One Hartford Plaza BUSINESS ADDRESS: Hartford, CT 06155 SURETY PHONE NO: 888-266-3488 OWNER NAME: Indian River County OWNER ADDRESS: 1800 27th Street Vero Beach, Florida 32960 OWNER PHONE NO: 772-226-1416 OBLIGEE NAME: N/A (If contraeting waft is differ nt from the owner, the coMractlng public entity) OBUGEE ADDRESS: N/A N/A OBLIGEE PHONE NO: N/A BOND AMOUNT: $591.143.00 CONTRACT NO: (If applicable) DESCRIPTION OF WORK: Victor Hart Sr. Complex Drainage Improvements (IRC -1760) *ffffif#f###f###ffff*fffff4fffff#f##1#fflf###f#*!#f11f#####*fif#fffffiffff*ffffffflff*##*f PROJECT LOCATION: 4715 43rd Avenue Vero Beach, Florida 32967 LEGAL DESCRIPTION: Victor Hart Sr. Complex Drainage Improvements (IRC -1760) IN applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. Page 36 of 39 Bid No. 2018045/IRC-1523 PUBLIC CONSTRUCTION BOND Bond No.21BCSHP1461 (enter bond number) BY THIS BOND, We Guettler Brothers Construction, LLC. as Principal and Hartford Fire Insurance Company a corporation, as Surety, are bound to Indian River County , herein called Owner, in the sum of a;eH�, edF«Y � oaon ars $ 591.143.00 . 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 oaobec 16 201a between Principal and Owner for construction of Victor Hart Sr. Complex Drainage Improvements (IRC -17601 the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON October 18, 2018 Guettler Brothers Co . , LLC X (Name of Principal) B As Attorne An.Fact c' Hartford Fire Insurani6VP n , S� (Name of Surety3' Lr ;• (`'�,' ` c sC • ass.. , . i,� � %:. • /1' .:: • cz C; Page 37 of 39 Direct Inquidew0aims to: POWER OF ATTO v THE HARTFORD �E 1 BOND, One Hartford Plaza Hartford, Connecticctic ut 08155 Bond.Claims(cDtheha rtford.com call.• 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 2Name:R1-22014pROWN OF FLORIDA INC Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut XQ Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana XO Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Q Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Q Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Q Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana O Hartford insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : Gerald J. Arch, Michael A. Holmes, James F. Murphy of FORT LAUDERDALE, Florida their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attomey. i Its, . •f�,�,� lq 107&%1 &97 11 4',' �O�t► t=j�� L � 97 o • y //P- �i John Gray, Assistant Secretary STATE OF CONNECTICUT s,• Hartford COUNTY OF HARTFORD ) M. Ross Fisher, Senior Vice President On this 11th day of January, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. I, the undersigned, mAssistanl4l copy of the Power of Attoey executed'I Signed and sealed at the City t • Iiirrrgi�r CERTIFICATE 12 C Nora M. Sttanko Notary Public My Commission Expires March 31, 2018 cJ�pa�AaA, DO HEREBY CERTIFY that thea ve and foregoing is a true and correct �rgpMi¢?;,:.pvFtict4 lel jn full force effective as of D + o er i8 joo . Ike Lj / o . '. VD °rEnrtrurssp6D ` -, POA 2016 14 D -o cytaaa `fit° ..M tors �--4— 49—� Kevin Heckman, Assistant Vice President GUETB-1 OP ID: MIK �1 AC"R L? ' DATE (MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 1 10/23/2018 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(les) 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 coNTACT Margaret Kiess Stuart Insurance, Inc. PHONE 772-286-4334 FAX 772-286-9389 3070 S W Map P (AIC, No, Ext): A/C, No): Palm Cityy, FL 34990 E-MAIL m less stua Insurance.net Joseph E, Coons, CPCU. CIC. INSURERS AFFORDING COVERAGE NAIC # INSURERA:Westfleld Insurance Co. 24112 INSURED Guettler Brothers INSURER B: Construction, LLC P.O. BOX 12271 INSURER C: Fort Pierce, FL 34979-2271 INSURER 0: INSURER E : 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 INSURANCE NSD DDL SUER WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS I TRG X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE I OCCUR Y Y TRA7630158 06/30/2018 06/30/2019 DAMAGE TO RENTEDS (Ea Oct, rrence) $ 500,000 X Contractual MED EXP (Any oneperson) $ 5,000 X INCLUDES XCU PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY I JPEEi D LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: A AUTOMOBILE LIABILITY COMBINEcciD ntjSINGLE LIMIT $ 1,000E. 000 Ix ANY AUTO Y Y TRA7630158 06/30/2018 06/30/2019 BODILY INJURY Per erson $ OWNED SAUTOS CHEDULEDBODILY INJURY Per accident $ OWNES ONLY Ix SCHEDULED RAUTOS ONLY AUTOS ONLY PPerOacuCenl AMAGE $ Dedutibles $ 2,000 A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5'000'000 EXCESS LIAB CLAIMS -MADE Y Y TRA7630158 06/30/2018 06/30/2019 AGGREGATE $ 5,000,000 DED I I RETENTION $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN .A LITE ER ANY PROPR IET gO ER/PARTNER/EXECUTIVE N I A E.L. EACH ACCIDENT $ K.F.ICER/MtoryIn NHS EXCLUDED' If yas, describe under E.L. DISEASE - EA EMPLOYE $ DESCRIPTION OF OPERATIONS below E.L. DISEASE • POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) GRADING OF LAND " Indian River County Additional Insured in regards to General Liability and Automobile Liability. Blanket Waiver of Subrogation for General Liability. 30 day notice of cancellation (10 day for non- payment) applies. BID # 2019005 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, 1801 27th Street Vero Beach, FL 32960-3388 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 INSURANCE NSD DDL SUER WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS I TRG X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE I OCCUR Y Y TRA7630158 06/30/2018 06/30/2019 DAMAGE TO RENTEDS (Ea Oct, rrence) $ 500,000 X Contractual MED EXP (Any oneperson) $ 5,000 X INCLUDES XCU PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY I JPEEi D LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: A AUTOMOBILE LIABILITY COMBINEcciD ntjSINGLE LIMIT $ 1,000E. 000 Ix ANY AUTO Y Y TRA7630158 06/30/2018 06/30/2019 BODILY INJURY Per erson $ OWNED SAUTOS CHEDULEDBODILY INJURY Per accident $ OWNES ONLY Ix SCHEDULED RAUTOS ONLY AUTOS ONLY PPerOacuCenl AMAGE $ Dedutibles $ 2,000 A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5'000'000 EXCESS LIAB CLAIMS -MADE Y Y TRA7630158 06/30/2018 06/30/2019 AGGREGATE $ 5,000,000 DED I I RETENTION $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN .A LITE ER ANY PROPR IET gO ER/PARTNER/EXECUTIVE N I A E.L. EACH ACCIDENT $ K.F.ICER/MtoryIn NHS EXCLUDED' If yas, describe under E.L. DISEASE - EA EMPLOYE $ DESCRIPTION OF OPERATIONS below E.L. DISEASE • POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) GRADING OF LAND " Indian River County Additional Insured in regards to General Liability and Automobile Liability. Blanket Waiver of Subrogation for General Liability. 30 day notice of cancellation (10 day for non- payment) applies. BID # 2019005 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, 1801 27th Street Vero Beach, FL 32960-3388 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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, 1801 27th Street Vero Beach, FL 32960-3388 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Bid No. 2018045/IRC-1523 NOTICE TO PROCEED Dated TO (BIDDER) ADDRESS: Contract For: VICTOR HART SR. COMPLEX DRAINAGE IMPROVEMENTS Project No: IRC -1760 IRC Bid No. 2019005 You are notified that the Contract Times under the above contract will commence to run on By that date, you are to start performing your obligations under the Contract Documents. The contract has allocated 180 calendar days for Substantial Completion of this project and 120 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) APPENDIX "A" INDIAN RIVER COUNTY RECORD / AS -BUILT DRAWING SPECIFICATION SECTION 999 - RECORD / AS -BUILT DRAWINGS A. During the construction operation, the CONTRACTOR shall maintain records of all deviations from the approved Project Plans and Specifications and shall prepare therefrom "RECORD" drawings showing correctly and accurately all changes and deviations from the work made during construction to reflect the work as it was actually constructed. B. The Record/As-Built survey shall be performed and subsequent plans prepared by a Professional Surveyor and Mapper, registered in the state of Florida and certified to the standards set forth in Chapter 472, Florida Statutes and Chapter 5J- 17.050 Florida Administrative Code (Florida Minimum Technical Standards). C. Field measurements of vertical or horizontal dimensions of constructed improvements shall be obtained so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans. Clearly shown by symbols, notations, or delineations, those constructed improvements located by the survey. D. All vertical information (elevations) provided on the Record Drawings shall be referenced to the North American Vertical Datum of 1988 (NAVD 88) unless otherwise specified by the Project Engineer. E. The horizontal information provided on the Record Drawings shall be referenced to the State of Florida, State Plane Coordinate System, Florida East Zone as established by Global Positioning System (GPS) which meets or exceeds Third Order Class I Accuracy Standards according to current publication of the Federal Geodetic Control Committee (FGCC) procedures. F. All Record/As-Built drawings shall be prepared in digital format (ACAD Civil 3D 2013) and shall utilize the digital design drawings as prepared by the Project Engineer as a base for the Record/As-Built drawings. It is the responsibility of the Surveyor to request these files from the Contractor or Project Owner in order to produce the Record/As-Built drawing set. G. ALL improvements proposed to be constructed as shown on the approved construction plans shall be field measured upon completion and shown on the Record/As-Built survey. Any improvements that appear in both plan and profile views shall show the Record/As-Built information in both views. H. The following items are required to be shown on all Indian River County project Record/As-Built drawings submitted to the County: DRAINAGE: Right-of-way Swale/Drainage — All culvert inverts, elevations and station offsets; inlet grate and bottom elevations; swale beginning and end bottom elevations; and highs and lows along top of bank. Size of swale. 1. Pipe Culvert/PVC Sleeves — All inverts, pipe size, stations and offsets. 01025-2 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1760 Vidor Hart Sr. Complex Drainage Improvements\1-Admin\Bids\Bid Documents\I RC=1760_APPEN_A_20180810.doc 2. Outfalls — All pipe inverts, pipe size, elevations and station offsets, weir box elevations, weir elevation, bleeder elevation and sizes. 3. Roadway/Off Site Drainage — All inverts, elevations and station offsets; manhole top elevation; grate top elevations. 4. Retention Ponds — Provide perimeter elevations, grade breaks, depths and calculated pond areas at control elevation and grade breaks above and below water surface. Show as -built of typical cross section as shown on design plan. ROADWAY: 1. Stations and offsets related to controlling baseline and elevations of all structures, side street and major driveway radius returns (edge of pavement), bends and/or change in direction of roadway alignment, minimum of 1000' intervals along roadway alignment. 2. Elevations along Profile Grade Line (PGL), of all edge of pavements on each side of Profile Grade Line (PGL), at medians at the high/low and PVI points along Profile Grade Line (PGL). 3. All final Elevations to be plotted on PGL AND Plan & Profile sheets as applicable. 4. Elevations of edge of pavement and flow line at curb inlets and on the adjacent edge of pavement at curb inlets. WATER. FORCE, AND RECLAIMED WATER MAINS: 1. Show size and type of material used to construct mains. 2. Show horizontal location and elevation of all tees, crosses, bends, terminal ends, valves, fire hydrants, air release valves, and sampling points, etc., by distances from known reference points. 3. Show location, size and type of material of all sleeves and casing pipes. 4. Elevation and horizontal location of all storm sewers, gravity sewers including laterals, force mains, water mains, etc. which are crossed; including clearance dimension at all conflicts or crossings. 5. Top of pipe elevation and horizontal location of all water and force main stub - outs. 6. Horizontal location of all services at the property lines. 7. Horizontal and vertical location of pipe including size of all mains and ground elevation shall be obtained at one -hundred (100) foot intervals. Contractor shall place temporary PVC stand pipes (tell -tales) at each of the one - hundred (100) foot intervals and at all fittings and conflicts/crossings to facilitate the record drawing survey. The tell-tale pipes shall be constructed of 2 -inch PVC pipe, shall be placed on the top of the pipes to be surveyed, and shall be removed by the Contractor after completion of the field survey by the "As -Built" Professional Surveyor. 8. Location of fire lines. 9. Dedicated easement locations, identified by O.R. Book and Page Number. 01025-3 Technical Spec cations FAPublic Works\ENGINEERING DIVISION PROJECTS\1760 Victor Hart Sr. Complex Drainage Improvements\1-Admin\Bids\Bid Documents\IRC-1760_APPEN A 20180810.doc GRAVITY SEWER: 1. Manholes: Elevation of top rim, bottom elevation and invert of each influent and effluent line. 2. Show distance between manholes center -to -center and horizontal location by baseline station and offset. 3. Show material size and type used to construct sewer mains. 4. Show length (center of manhole to end of stub) distances from known reference points or baseline offsets, and elevation of stub -outs. 5. Show which services have twenty (20) foot length of DIP at water main crossings. 6. Show station and offset location of sanitary services at property line. Particular care in dimensioning needed in special situations, i.e., cul-de-sacs and locations where services are not perpendicular to wye. 7. Show invert elevation of sanitary service at property line. 8. Any and all necessary dedicated easement locations, identified by O.R. Book and Page Number. PUMP / LIFT STATION: Record Drawings shall show elevations for the top and bottom and diameter of wet well along with invert of effluent line. Record Drawings should also indicate the make, model number, horsepower, impeller and condition point of pumps selected and installed, shape of wet well, location of control panel, location of pump out connection, float level settings, any deviation from the plans, and serial number(s) of the pump(s). SURVEY CONTROL 1. Install/re-establish: It shall be the contractor's responsibility to hire a Professional Surveyor and Mapper as defined per Chapter 472, Florida Statutes, to replace any horizontal and vertical control shown on the engineering plans that was destroyed during construction. 2. New roadway alignment control points (survey baseline or controlling line and all points as indicated on the plans or control sheet) upon final roadway completion. Include all intersections and side streets. State plane coordinates and elevations for all control points. 3. If shown on plans or not: Any Public Land Corner or Governmental Survey Control point(s), vertical control (bench marks), property corners destroyed and/or disturbed during the scope of the project shall be properly re-established as per standards as set forth within Florida Statutes, Administrative code and Minimum Technical Standards for that type of survey. All said surveying. mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida and certified accordingly. Said Governmental agency(s). shall be notified in writing of disturbance and re -establishments. 01025-4 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1760 Victor Hart Sr. Complex Drainage Improvements\1-Admin\Bids\Bid Documents\I RC-1760_APPEN_A_20180810. doc RECORD/AS-BUILTS DRAWINGS FORMAT SUBMITTAL A. ENGINEER will supply the CONTRACTOR with the electronic file of the approved construction plans for the input of the As -Built (record) information. B. CONTRACTOR shall deliver seven (7) certified sets of Record/As-Builts with Electronic Drawing files prepared in AutoCAD Civil 3D 2013 AND PDF format or in current version as agreed by the ENGINEER. C. CONTRACTOR's surveyor shall review, sign and seal As-Builts or Record drawing(s). Said drawing(s) shall clearly state type of survey, positional tolerances, adhere and be certified to by a registered Professional Surveyor and Mapper in the state of Florida, any standards set forth by Florida Statutes, Administrative code and Minimum Technical Standards for As-Built/Record surveys. D. All Record/As-Built drawings are subject to review and approval by County Surveyor. ACCURACY The CONTRACTOR will be held responsible for the accuracy and completeness of Record Drawings and Electronic As-Builts and shall bear any costs incurred in finding utilities as a result of incorrect data furnished by the CONTRACTOR. COMPLETION OF WORK Upon Substantial Completion of the Work, deliver Record Drawings/As-Built Drawings to ENGINEER. Final payment will not be made until satisfactory record documents are received and approved by ENGINEER. AERIAL PHOTOGRAPH The CONTRACTOR shall provide aerial photographs of the project every 30 days during construction. The photographs shall be done in a manner to show the construction progress for the entire length of the project. The photographs can be angled and not prepared to a particular scale, however, must be detailed enough to identify the work in detail. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 999 — Record Drawings/As-Builts — Per Lump Sum 01025-5 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1760 Victor Hart Sr. Complex Drainage Improvements\1-Admin\Bids\Bid Documents\I RC-1760_APPEN_A_20180810.doc Board of Professional Surveyors and Mappers Record As -Built Survey Checklist Lic. Name Date: Project Name: VICTOR HART SR. COMPLEX DRAINGE IMPROVEMENTS Project No.: IRC -1414 Chapter 61G17-6 Minimum Technical Standards F.A.C. 61G17-6.003 General Survey, Map, and Report Content Requirements ❑ (1) REGULATORY OBJECTIVE: The public must be able to rely on the accuracy of measurements and maps produced by a surveyor and mapper. In meeting this objective, surveyors and mappers must achieve the following minimum standards of accuracy, completeness, and quality: ❑ (a) Accuracy of survey measurements based on the type of survey and expected use. ❑ (b) Measurements made in accordance with the United States standard, feet or meters. ❑ (c) Records of measurements maintained for each survey (check field notes.) ❑ (d) Measurement and computation records dated. ❑ (e) Measurement and computation records substantiate the survey map. ❑ (f) Measurement and computation records support accuracy statement (closure calculations or redundant measurements, if applicable.) (2) Other More Stringent Requirements: ❑ (a) Met more stringent requirements set by federal, state, or local governmental agencies. (3) Other Standards and/or Requirements that Apply to All Surveys, Maps, and/or Survey Products: ❑ (a) REGULATORY OBJECTIVE: In order to avoid misuse of a survey and map, the surveyor and mapper must adequately communicate the survey results to the public through a map, report, or report with an attached map. (b) Survey map or report identified the responsible surveyor and mapper and contain standard content. In meeting this objective, surveyors and mappers must meet the following minimum standards of accuracy, completeness, and quality: ❑ (c) Type survey stated on map and report: As -Built Survey Mean High Water Line Survey Boundary Survey Quantity Survey Condominium Survey Record Survey Construction Layout Survey Specific or Special Purpose Control Survey Survey Hydrographic Survey Topographic Survey 01025-6 Technical Specifications FAPublic Works\ENGINEERING DIVISION PROJECTS\1760 Victor Hart Sr. Complex Drainage Improvements\1-Admin\13ids0d Documents\IRC-1760 APPEN A 20180810.doc ❑ (d) Name, certificate of authorization number, and street and mailing address of the business entity on the map and report. ❑ (e) Name and license number of the surveyor and mapper in responsible charge. ❑ (f) Name, license number, and street and mailing address of a surveyor and mapper practicing independent of any business entity on the map and report. ❑ (g) Survey date (date of data acquisition.) ❑ (h) Revision date for any graphic revisions (when survey date does not change.) ❑ (i) Map and report statement "Survey map and report or the copies thereof are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper." ❑ 0) Insurance statement in 1/4" high letters "The survey depicted here is not covered by professional liability insurance" if there is no professional liability insurance. ❑ (k) Additions or deletions to survey maps or reports by other than the signing party or parties is prohibited without written consent of the signing party or parties. ❑ (1) All computed data or plotted features shown on survey maps supported by accurate survey measurements unless clearly stated otherwise. ❑ (m) Bearings, distances, coordinates, and elevations shown on a survey map shall be substantiated by survey measurements unless clearly stated otherwise. ❑ (n) Bearing reference (well established and monumented line) ❑ (o) A designated "north arrow" ❑ (p) Stated scale or graphic scale ❑ (q) Abbreviations in legend or notes. ❑ (r) Special conditions and any necessary deviation from the standards noted upon the map or report. ❑ (s) Responsibility for all mapped features stated on the map or report ❑ (t) Map or report clearly states the individual primarily responsible for the map or report when mapped features have been integrated with others. (u) Map Accuracy. (1) Vertical Feature Accuracy: ❑ (a) Vertical Control: Field -measured control for elevation information shown upon survey maps or reports shall be based on a level loop or closure to a second benchmark. ❑ (b) Closure in feet must be accurate to a standard of plus or minus .05 ft. times the square root of the distance in miles. Appendix A -As -Built Spec . F:\Public Works\6NGINEERING DIVISION PROJECTS\1760 Victor Hart Sr. Complex Drainage Improvements\l-Admin\Bids\Bid Documents\IRC-1760 APPEN A 20180810.doc ❑ (c) All surveys and maps or reports with elevation data shall indicate the datum and a description of the benchmark(s) upon which the survey is based. ❑ (d) Minor elevation data may be obtained on an assumed datum provided the base elevation of the datum is obviously different than the established datum. (2) Horizontal Feature Accuracy: ❑ (a) Horizontal Control: All surveys and maps or reports expressing or displaying features in a publicly published coordinate system shall indicate the coordinate datum and a description of the control points upon which the survey is based. ❑ (b) Minor coordinate data may be obtained and used on an assumed datum provided the numerical basis of the datum is obviously different than a publicly published datum. ❑ (c) The accuracy of control survey data shall be verified by redundant measurements or traverse closures. All control measurements shall achieve the following closures: Commercial/High Risk Linear: 1 foot in 10,000 feet; Suburban: Linear: 1 foot in 7,500 feet; Rural: Linear: 1 foot in 5,000 feet; ❑ (d) When statistical procedures are used to calculate survey accuracies, the maximum acceptable positional tolerance, based on the 95% confidence level, should meet the same equivalent relative distance standards as set forth in 61G17- 6.003(3)(p)(2.)(c) F.A.C. ❑ (e) Intended Display Scale: All maps or reports of surveys produced and delivered with digital coordinate files must contain a statement to the effect of: "This map is intended to be displayed at a scale of 1/ or smaller". 61G17-6.004 Specific Survey, Map, and Report Requirements (1) As-Built/Record Survey: ❑ (a) Obtained field measurements of vertical or horizontal dimensions of constructed improvements so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans. ❑ (b) Clearly shows by symbols, notations, or delineations, those constructed improvements located by the survey. ❑ (c) All maps prepared shall meet applicable minimum technical standards. ❑ (d) Vertical and horizontal accuracy of the measurements made shall be such that it may be determined whether the improvements were constructed consistent with planned locations. (END OF SECTION) Appendix A -As -Built Spec F:\Public Works\ENGINEERING DIVISION PROJECTS\1760 Victor Hart Sr. Complex Drainage Improvements\l-Admin\BidS\Bid Documents\IRC-1760 APPEN A 20180810.doc APPENDIX "B" PERMIT St.- Johns River WateManagement District Ann B. Shortelle, Ph.D., Executive Director 4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 • 386-329-4500 On the internet at www.sjrwmd.com. July 20, 2018 � NQNM D 07/20/2018 Richard B Szpyrka Indian River County Public Works Department 180127th St Bldg A Vero Beach, FL 32960-3388 SUBJECT: Permit Number: 40158-5 Project Name: GIFFORD YOUTH CENTER Dear Mr. Szpyrka: Enclosed is your individual permit issued by the St. Johns River Water Management District on July 20, 2018. This permit is a legal document and should be kept with your other important documents. Permit issuance does not relieve you from the responsibility of obtaining any necessary permits from any federal, state, or local agencies for your project. Technical Staff Report: If you wish to review a copy of the Technical Staff Report (TSR) that provides the District's staff analysis of your permit application, you may view the TSR by going to the Permitting section of the District's website at www.sjrwmd.com/permitting. Using the "search applications and permits" feature, you can use your permit number or project name to find information about the permit. When you see the results of your search, click on the permit number and then on the TSR folder. Noticing Your Permit: For noticing instructions, please refer to the noticing materials in this package regarding closing the point of entry for someone to challenge the issuance of your permit. Please note that if a timely petition for administrative hearing is filed, your permit will become non -final and any activities that you choose to undertake pursuant to your permit will be at your own risk. Compliance with Permit Conditions: To submit your required permit compliance information, go to the District's website at www.sjrwmd.com/permitting. Under the "Apply for a permit or submit compliance data" section, click to sign -in to your existing account or to create a new account. Select the "Compliance Submittal" tab, enter your permit number, and select "No Specific Date" for the Compliance Due Date Range. You will then be able to view all the compliance submittal requirements for your project. Select the compliance item that you are ready to submit and then attach the appropriate information or form. The forms to comply with your permit conditions are available at www.sjrwmd.com/permitting under the section "Handbooks, forms, fees, final orders". Click on forms to view all permit compliance forms, then scroll to the ERP application forms section and select the applicable compliance forms. Alternatively, if you have difficulty finding forms or need copies of the appropriate forms, please contact the Bureau of Regulatory Support at (386) 329- 4570. JohnA. Miklos; CHAIRMAN ORLANDO Douglas C. Boumique VERO BEACH . GOVERNING BOARD Fred N. Roberts Jr., VICE CHAIRMAN OCALA Douglas Burnett Susan Dolan ST. AUGUSTINE SANFORD Chuck Drake, SECRETARY ORLANDO Janet Price FERNANDINA BEACH Ron Howse, TREASURER COCOA Allan Roberts ST. AUGUSTINE Transferring Your Permit: Your permit requires you to notify the District within 30 days of any change in ownership or control of the project or activity covered by the permit, or within 30 days of any change in ownership or control of the real property on which the permitted project or activity is located or occurs. You will need to provide the District with the information specified in rule 62-330.340, Florida Administrative Code (F.A.C.). Generally, this will require you to complete and submit Form 62-330.340(1), "Request to Transfer Permit," available at http://www.sorwmd.com/permitting/permitforms.htmi. Please note that a permittee is liable for compliance with the permit before the permit is transferred. The District, therefore, recommends that you request a permit transfer in advance in accordance with the applicable rules. You are encouraged to contact District staff for assistance with this process. Thank you and please let us know if you have additional questions. For general questions contact e-permit@sjrwmd.com or (386) 329-4570. Sincerely, Y"4/ Michelle Reiber, Bureau Chief Regulatory Services St. Johns River Water Management District 525 Community College Parkway, S.E. Palm Bay, FL 32909 (321) 409-2129 Enclosures: Permit cc: District Permit File Registered Professional Consultant: Stephen E Moler Masteller & Moler, Inc. 1655 27th St Ste 2 Vero Beach, FL 32960-3384 ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Post Office Box 1429 Palatka,. Florida 32178-1429 PERMIT NO: 40158-5 DATE ISSUED: July 20, 2018 PROJECT NAME: GIFFORD YOUTH CENTER A PERMIT AUTHORIZING: Authorization of a Stormwater Management System for GIFFORD YOUTH CENTER, a 37.0 - acre project to be constructed and operated as per plans received by the District on July 12, 2018. LOCATION: Section(s): 21 Township(s): 32S Range(s): 39E Indian River County Recf �ivina Water Bod Name JClass V'[W Indian River Lagoon arine, OFW, ISSUED TO: Indian River County Public Works Department 1801 27th St Bldg A Vero Beach, FL 32960-3388 The permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages, claims, or liabilities which may arise from permit issuance. Said application, including all plans and specifications attached thereto, is by reference made a part hereof. This permit does not convey to the permittee any property rights nor any rights or privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit may be revoked, modified or transferred at any time pursuant to the appropriate provisions of Chapter 373, Florida Statutes. PERMIT IS CONDITIONED UPON: See conditions on attached "Exhibit A", dated July 20, 2018 AUTHORIZED BY: St. Johns River Water Management District Division of Regulatory Services By: John Juilianna Regulatory Coordinator "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 40158-5 GIFFORD YOUTH CENTER DATED: July 20, 2018 1. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. 11 2. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the District staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. 3. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5, F.A.C., unless a project -specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. 4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the District a fully executed Form 62-330.350(1), "Construction Commencement Notice," (October 1, 2013) (http://www.firuies.org/Gateway/reference.asp?No=Ref-02505), incorporated by reference herein, indicating the expected start and completion dates. A copy of this form may be obtained from the District, as described in subsection 62- 330.010(5), F.A.C., and shall be submitted electronically or by mail to the Agency. However, for activities involving more than one acre of construction that also require a NPDES stormwater construction general permit, submittal of the Notice of Intent to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities, DEP Form 62-621.300(4)(b), shall also serve as notice of commencement of construction under this chapter and, in such a case, submittal of Form 62-330.350(1) is not required. 5. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity. 6. Within 30 days after completing construction of the entire project, or any independent , portion of the project, the permittee shall provide the following to the Agency, as applicable: a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex — "Construction Completion and Inspection Certification for Activities Associated with a Private Single -Family Dwelling Unit" [Form 62-330.310(3)]; or b. For all other activities - "As -Built Certification and Request for Conversion to Operation Phase" [Form 62-330.310(1)]. c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. 7. If the final operation and maintenance entity is a third party: a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as -built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.4 of Volume 1) as filed with the Florida Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. b. Within 30 days of submittal of the as- built certification, the permittee shall submit "Request for Transfer of Environmental Resource Permit to the Perpetual Operation and Maintenance Entity" [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. 8. The permittee shall notify the District in writing of changes required by any other regulatory District that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. 9. This permit does not: a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.; b. Convey to the permittee or create in the permittee any interest in real property; c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. 10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. 11. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. 12. The permittee shall notify the District in writing: a. Immediately if any previously, submitted information is discovered to be inaccurate; and b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. 13. Upon reasonable notice to the permittee, District staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. 14. If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, stone tools, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the vicinity of the discovery. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance Review Section (DHR), at (850) 245-6333, as well as the appropriate permitting agency office. Project activities shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, F.S. For project activities subject to prior consultation with the DHR and as an alternative to the above requirements, the permittee may follow procedures for unanticipated discoveries as set forth within a cultural resources assessment survey determined complete and sufficient by DHR and included as a specific permit condition herein. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall ,not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise. 16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. 17. This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource -related impacts will not be caused by the completed permit activity. If any adverse impacts result, the District will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. 18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with Rule 62-330:090(7), F.A.C. Such notice is not an encumbrance upon -the property. 19. This permit for construction will expire five years from the date of issuance. 20. At a minimum, all retention and detention storage. areas must be excavated to rough grade prior to building construction or placement of impervious surface within the area to be served by those facilities. To prevent reduction in storage volume and percolation rates, all accumulated sediment must be removed from the storage area prior to final grading and stabilization. 21. All wetland areas or water bodies that are outside the specific limits. of construction authorized by this permit must be protected from erosion, siltation, scouring or excess turbidity, and dewatering. 22. The operation and maintenance entity shall inspect the stormwater or surface water management system once within two years after the completion of construction and every two years thereafter to determine if the system is functioning as designed and permitted. The operation and maintenance entity must maintain a record of each required inspection, including the date of the inspection, the name and contact information of the inspector, and whether the system was functioning as designed and permitted, and make such record available for inspection upon request by the District during normal business hours. If at any time the system is not functioning as designed and permitted, then within 30 days the entity shall submit a report electronically or in writing to the District using Form 62-330.311(1), "Operation and Maintenance Inspection Certification," describing the remedial actions taken to resolve the failure or deviation. 23. The proposed project must be constructed and operated as per plans and calculations received by the District on July 12, 2018. 24. This permit supersedes permit number 42-061-40158-3 and the conditions of this permit now govern the project's construction, operation and maintenance. Notice of Rights 1. A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P. O. Box 1429, Palatka Florida 32178-1429 (4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at ClerkCa)sirwmd.com, within twenty-six (26) days of the District depositing the notice of District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21) days of the District emailing the notice of District decision (for those persons to whom the District emails actual notice), or within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. The District will not accept a petition sent by facsimile (fax), as explained in paragraph no. 4 below. 2. Please be advised that if you wish to dispute this District decision, mediation may be available and that choosing mediation does not affect your right to an administrative hearing. If you wish to request mediation, you must do. so in a timely -filed petition. If all parties, including the District, agree to the details of the mediation procedure, in writing, within 10 days after the time period stated in the announcement for election of an administrative remedy under Sections 120.569 and 120.57, Florida Statutes, the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, shall be tolled to allow mediation of the disputed District decision. The mediation must be concluded within 60 days of the date of the parties' written agreement, or such other timeframe agreed to by the parties in writing. Any mediation agreement must include provisions for selecting a mediator, a statement that each party shall be responsible for paying its pro -rata share of the costs and fees associated with mediation, and the mediating parties' understanding regarding the confidentiality of discussions and documents introduced during mediation. If mediation results in settlement of the administrative dispute, the District will enter a final order consistent with the settlement agreement. If mediation terminates without settlement of the dispute, the District will notify all the parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Florida Statutes, is resumed. Even if a parry chooses not to engage in formal mediation, or if formal mediation does not result in a settlement agreement, the District will remain willing to engage in informal settlement discussions. 3. A person whose substantial interests are or may be affected has the right to an informal administrative hearing pursuant to Sections 120.569 and 120.57(2), Florida Statutes, where no material facts are in dispute. A petition for an informal hearing must also comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code. Notice of Rights 4. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District's regular business hours. The District's regular business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8:00 a.m. on the District's next regular business day. The District's acceptance of petitions filed by e- mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative Code), which is available for viewing at Jrwmd.com. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile is prohibited and shall not constitute filing. 5. Failure to file a petition for an administrative hearing within the requisite timeframe shall constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, Florida Administrative Code). 6. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C-1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. A person whose substantial interests are or may be affected by the District's final action has the right to become a parry to the proceeding, in accordance with the requirements set forth above. 7. Pursuant to Section 120.68, Florida Statutes, a party to the proceeding before the District who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, within 30 days of the rendering of the final District action. 8. A District action is considered rendered, as referred to in paragraph no. 7 above, after it is signed on behalf of the District and filed by the District Clerk. 9. Failure to observe the relevant timeframes for filing a petition for judicial review as described in paragraph no. 7 above will result in waiver of that right to review. NOR. Decision. DOC.001 Revised 12.7.11 Notice of Rights Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent to the permittee: Richard B Szpyrka Indian River County Public Works Department 1801 27th St Bldg A Vero Beach, FL 32960-3388 This 20th day of July 2018. Margaret Daniels, Office Director Office of Business and Administrative Services St. Johns River Water Management District 4049 Reid Street Palatka, FL 32177-2529 (386) 329-4570 Permit Number: 40158-5 NOTICING INFORMATION Dear Permittee: Please be advised that the St. Johns River Water Management District will not publish a notice in the newspaper advising the public that it has issued a permit for this project. Newspaper publication, using the District's notice form, notifies members of the public of their right to challenge the issuance of the permit. If proper notice is given by newspaper publication, then there is a 21 -day time limit for someone to file a petition for an administrative hearing to challenge the issuance of the permit. To close the point of entry for filing a petition, you may publish (at your own expense) a one- time notice of the District's decision in a newspaper of general circulation within the affected area as defined in Section 50.011 of the Florida Statutes. If you do not publish a newspaper notice to close the point of entry, the time to challenge the issuance of your permit will not expire and someone could file a petition even after your project is constructed. A copy of the notice form and a partial list of newspapers of general circulation are attached for your convenience. However, you are not limited to those listed newspapers. If you choose to close the point of entry and the notice is published, the newspaper will return to you an affidavit of publication. In that event, it is important that you either submit a scanned copy of the affidavit by emailing it to compliancesupport@sjrwmd.com (preferred method) or send a copy of the original affidavit to: Margaret Daniels, Office Director Office of Business and Administrative Services 4049 Reid Street Palatka, FL 32177 If you have any questions, please contact the Office of Business and Administrative Services at (386) 329-4570. Sincerely, P Margaret Daniels, Office Director Office of Business and Administrative Services NOTICE OF AGENCY ACTION TAKEN BY THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Notice is given that the following permit was issued on (Name and address of applicant) permit# . The project is located in County, Section Township South, Range East. The permit authorizes a surface water management system on acres for known as The receiving water body is A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code (F.A.C.), the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P.O. Box 1429, Palatka FL 32178-1429 (4049 Reid St, Palatka, FL 32177) or by e-mail with the District Clerk at Clerk@sjrwmd.com, within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes (F.S.), and Chapter 28-106, F.A.C. The District will not accept a petition sent by facsimile (fax). Mediation pursuant to Section 120.573, F.S., may be available and choosing mediation does not affect your right to an administrative hearing. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District's regular business hours. The District's regular business hours are 8 a.m. — 5 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8 a.m. on the District's next regular business day. The District's acceptance of petitions filed by e-mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative Code), which is available for viewing at www.sjrwmd.com. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile (fax) is prohibited and shall not constitute filing. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C- 1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. Failure to file a petition for an administrative hearing within the requisite time frame shall constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, F.A.C.). If you wish to do so, please visit http://www.sjrwmd.com/nor_dec/ to read the complete Notice of Rights to determine any legal rights you may have concerning the District's decision(s) on the permit application(s) described above. You can also request the Notice of Rights by contacting the Director of Business and Administrative Services, 4049 Reid St., Palatka, FL 32177-2529, tele. no. (386)329-4570. NEWSPAPER ADVERTISING ALACHUA The Alachua County Record, Legal Advertising P. O. Box 806 Gainesville, FL 32602 352-377-2444/ fax 352-338-1986 BRAFORD Bradford County Telegraph, Legal Advertising P. O. Drawer A Starke, FL 32901 904-964-6305/ fax 904-964-8628 CLAY Clay Today, Legal Advertising 1560 Kinsley Ave., Suite 1 Orange Park, FL 32073 904-264-3200/ fax 904-264-3285 FLAGLER Flagler Tribune, c/o News Journal P. O. Box 2831 Daytona Beach, FL 32120-2831 386- 681-2322 LAKE Daily Commercial, Legal Advertising P. O. Drawer 490007 Leesburg, FL 34749 352-365-8235/fax 352-365-1951 NASSAU News -Leader, Legal Advertising P. O. Box 766 Fernandina Beach, FL 32035 904-261-3696/fax 904-261-3698 ORANGE Sentinel Communications, Legal Advertising 633 N. Orange Avenue Orlando, FL 32801 407-420-5160/ fax 407-420-5011 PUTNAM Palatka Daily News, Legal Advertising P. O. Box 777 Palatka, FL 32178 386-312-5200/ fax 386-312-5209 SEMINOLE Seminole Herald, Legal Advertising 300 North French Avenue Sanford, FL 32771 407-323-9408 BAKER Baker County Press, Legal Advertising P. O. Box 598 Maclenny, FL 32063 904-259-2400/ fax 904-259-6502 BREVARD Florida Today, Legal Advertising P. O. Box 419000 Melbourne, FL 32941-9000 321-242-3832/ fax 321-242-6618 DUVAL Daily Record, Legal Advertising P. O. Box 1769 Jacksonville, FL 32201 904-356-2466 / fax 904-353-2628 INDIAN RIVER Vero Beach Press Journal, Legal Advertising P. O. Box 1268 Vero Beach, FL 32961-1268 772-221-4282/ fax 772-978-2340 MARION Ocala Star Banner, Legal Advertising 2121 SW 19th Avenue Road Ocala, FL 34474 352-867-4010/fax 352-867-4126 OKEECHOBEE Okeechobee News, Legal Advertising P. O. Box 639 Okeechobee, FL 34973-0639 863-763-3134/fax 863-763-5901 OSCEOLA Little Sentinel, Legal Advertising 633 N. Orange Avenue Orlando, FL 32801 407-420-5160/ fax 407-420-5011 ST. JOHNS St. Augustine Record, Legal Advertising P. O. Box 1630 St. Augustine, FL 32085 904-819-3436 VOLUSIA News Journal Corporation, Legal'Advertising P. O. Box 2831 Daytona Beach, FL 32120-2831 (386) 681-2322 APPENDIX "C" PERMITTEE'S AFFIDAVIT REGARDING POLLUTION PERMITTEE'S AFFIDAVIT REGARDING POLLUTION This sworn statement is submitted to. Indian River County for the following project (list project name and site address): STATE OF _ COUNTY OF Personally before me the undersigned authority, appeared administered, stated as follows: 1. This sworn statement is submitted by the PERMITTEE, whose business address is and (if applicable) its Federal Identification No.(FEIN) is 2. My name is who upon oath duly and my relationship to the entity named above is (If signing as Owners Agent, attach Letter of Authorization to Sign from Owner) 3. Permittee understands and agrees that in addition to complying with the terms and conditions of the Stormwater Management System Permit issued by Indian River County, Permittee is responsible for complying with the terms and conditions of the following as applicable to the site: (a) State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities (for projects one acre or larger),. (b) Stormwater Pollution Prevention Plan (regardless of project size), (c) St. Johns River Water Management District permit(s) (regardless of project size), (d) Florida Department of Environmental Protection permit(s) (regardless of project size), (e) All other permits required for this project not specifically listed herein, and (f) All Codes and Ordinances of Indian River County. 4. Permittee understands and agrees that "pollution" as defined by Florida Statutes Chapter 403.031(7) includes: ":.. the presence in the outdoor atmosphere or waters.of the state of any substances, contaminants, noise, or manmade or human -induced Last revised: 6/29/2018 I . \public works\engineering division projects\1760 victor hart sr. complex drainage improvements\1-admin\bids\bid documents\irc- 1760_40pen_c_20180813.doc impairment of air or waters or alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law." 5. Permittee understands and agrees that in addition to the definition set forth in Item 4 above, "pollution" is also defined by Florida Administrative Code 62-302.530 and as may be further defined in the Indian River County permit(s). 6. Permittee understands that Indian River County requires the design, installation, and maintenance of proper erosion control measures at all times during construction until complete stabilization is achieved at the project site. Permittee understands that this requirement is for this project regardless of the project size. 7. Permittee understands that there are civil and criminal penalties for pollution listed in Florida Statutes Ch. 403.141 and Ch. 403.161 and that there are other penalties listed in Indian River County's permits, including but not limited to, Indian River County issuing a Cease and Desist Order for the project. Permittee understands that it may be liable for these and other penalties if offsite pollution occurs as a result of activities associated with the Project. 8. Transfer of Ownership or County Issued Permits: (a) Transfer of Interest in Real Property: Within twenty-one (21) days of any transfer of ownership or control of the real property at which the permitted activity, facility, or system is located or authorized, the Permittee shall notify in writing, both the Indian River County Engineering Division and the Indian River County Stormwater Division of the transfer. Permittee shall provide the name, mailing address, and telephone number of the transferee and a copy of the instrument effectuating the transfer. Said notification is in addition to notifying the County Attorney's Office as required by County Code. (b) Transfer of a County Permit. To transfer a County issued permit, Permittee must provide (1) the information required in Item 8(a); (2) a written statement from the proposed transferee that it will be bound by all terms and conditions of the permit; and (3) a new "Permittee's Affidavit" form properly executed by the transferee. Upon proper receipt of these items the County shall transfer the permit to the transferee. (c) Permittee is encouraged to request a permit transfer prior to the sale or legal transfer of the real property at which a permitted facility, system, or activity is located or authorized. However, the transfer shall not be effective prior to the sale or legal transfer. (d) An "Illicit Discharge Sign" must be present at the site at the time of transfer. Replacement or additional signs may be obtained from the Indian River County Public Works Department at a cost of $30.00 per sign. Last revised: 6/29/2018 2 f:\public works\engineering division projects\1760 victor hart sr. complex drainage.improvements\1-admin\bids\bid documents\irc- 1760_appen_c_20180813.doc Under penalty of perjury, Permittee declares that it has read the foregoing affidavit and the facts stated in it are true. FURTHER AFFIANT SAYETH NAUGHT Permittee: Authorized Signature: (if signing as Owner's Agent, attach Letter of Authorization to Sign from Owner) Printed Name: Date: Work Telephone: _ Mobile Telephone: Email Address: The foregoing instrument was subscribed and sworn to before me this day of , 20_ by , who is personally known to me or has produced as identification and who did take oath. My Commission expires: Notary Public State of Florida at Large +++ END OF SECTION+++ Last .revised: 6/29/2018 3 £\public works\engineering division projects\1760 victor hart sr. complex drainage improvements\1-admin\bids\bid documents\irc= 1760_appen_c_20180811doc