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HomeMy WebLinkAbout2004-151 � 'aa a 6 // ,rJ In than River County CD Purchasing Division A 2625 19t'' Avenue Vero Beach , FL 32960=3335 Phone (772) 567-8000 Fax (772) 770-5140 ADDENDUM NO . 1 Date : June 3 , 2004 Project Name : Milling, Resurfacing and Shoulder Paving on CR 512 from SR 60 to Fellsmere Farms and on Oslo Road from 20 `h Avenue to 271h Avenue Bid Number : 6080 Bid Opening Date : June 9 , 2004 at 2 : 00 pm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED : This ADDENDUM sets forth change and /or information as referenced and are hereby made a part of and should be attached to the subject Contract Documents . BID FORM AND BID SCHEDULE , PAGES 29 THROUGH 34 Replace Bid Form Pages " 29 through 34 " with attached Bid Form Pages 29 through 34, marked Addendum No. 1 ". The following notes are to clarify the revisions that have been made . 1 . Page 30 of 61 — Completion date extended from July 31 , 2004 to August 31 , 2004, 2 . Page 32 of 61 . Item 334- 1 . 2 " SP 12. S. Level C — Quantity increasedfrom-om 7, 800 TN to 11 , 440 TN. 3 . Page 33 of 61 . Item 334- 12 % " SP 12. S. Level C — Quantity increased f om 9, 750 TN to 14, 300 TN. Addendum No. 1 Page 1 of 8 4. Page 34 of 61 . Item 334- IL, 1 % " SP 12. 5 Leveling Level C — Quantity reduced from 1 , 050 TN to 500 TN. 5, Page 34 of 61 , Item 334- 1S, I " SP 9. 5 Surface Course Level C — Quantity reduced from 700 TN to 330 TN. 6. Page 34 of 61 , Item 425- 4, Adjust Inlet — Item added. There is an existing Type "C " Inlet that needs to be raised 12 "- 18 ". Elevation will be determined infield prior to ordering precast concrete collar. 7. Page 34 of 61 , Item 425-5 Adjust Manhole — Item added. Raise manhole to match grade of new surface course. RESPONSES TO QUESTIONS ON BIDDING DOCUMENTS Comment I On CR512 one of the bridges has saw cut and sealed joints. Does the Contractor need to saw cut and seal joints after the resurfacing. Response 1 The County will seal joints as needed at a later date. Comment 2 On CR 512 there are what appears to be two (2) culvert crossings with guardrail on each side of the road. Will there be enough room for the shoulder widening ? Response 2 The County will move the guardrail away from the edge of the roam The Contractor may use excess material from boxed out shoulders to regrade the slope off the edge of the paved shoulder. * * * * * * * * * * * * * * This Addendum MUST be returned with your Bid * * * * * * * * * * * * * * * * All Bids must be received in the Purchasing Division office located at 2625 19th Avenue , Vero Beach, FL 32960 -3335 Prior to the Date and Time shown above . Late bids will be returned unopened. Company Name E . J . BRENEMAN L . P . Name : PHILIP D . WAGNER Title : PRESIDENT (Type / Printed) BY : PHILIP D . WAGNER CO . , LLC , GENERAL PARTNER Authorized Signature : y Date : 6 / 8 / 04 Telephone : 610 - 678 - 1913 Fax : 610 - 678 - 9691 Addendum No. I Page 2 of 8 • - • - • • l mo , r 1 .111 Y11 . - Y . VY•II � IIV jV1 V1 VVI V IIVI 0W YVj In than River County Purchasing Division 2625 19" •Aven. ue y Veru Beach , FL 32960-3335 Phone (772) 5674000 Fax ( 772) 770- 5140 R � ADDENDUM NO. 2 Date : June 3 , 2004 Project Name : Milling, Resurfacing and Shoulder Paging on CR 512 from SR 60 to Fellscnere Farms and on Osie Road from 20th Avenue to 27`h Avenue Bid Number : 6 (180 Bich Opening Date : June 9, 2(104 at 2 : 40 pin rrarr ■ ra / f/ RrirrYYY � rrrrrrarrrrrerarrrfl � rrrrr ■ ■ re ■ rrrrrrrrrrrrrR / r ► r ar ■ rrrrrrrrrsrrrrr • TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED : 'Phis .ADDENDUM sets forte change and /or infoiniation as referenced and are hereby made a part of and should be. attached to the sul jest Conliact Docummas , BID SCHEDULE , PAGE 33 t�i; vis � Uaf� �tily far Pm' 1�`ctFr 334- 1 , Z '`� " SP 1 d, ?fr •oriz " 1 �, UiIO �1�' " to "14, 3E7r7 T�` " This Addendum ROUST be returned with your Bid * hX * X * XXX * * K * * Xft All Bids must be received in lbe 1: ;irclalsing Division office located at 2625 1 .9TIi Avenue , Vero Beach, FL 3296G- 3335 Prior to the Date and Time shown above , Late bids wit]. be retuined unopened . Company Naive E . J . BRENEMAN L . P . Name : PHILIP Doo WAGNER Title : PRESIDENT _ ( TVpe / Pr1 to By : PHILIP D . WAGNER CO . , LLC , GENERAL PARTNER � Authorized SilnatliM Date : 6 / 8 / 04 Te. ) ephone . 610 - 678 - 1913 �3x 610 - 678 - 9691 .lIddendrmt Aha. I Page I of 1 eve l ° k. re, to rm ; vnvia . com inc 1b : U1 06 / 07104 PG 002 Indian .River County Purchasing Division 2625 19th Avenue Z Vero Beach FL 3296Ow3335 � Phone (772 ) 567, 8000 Fax (772 ) 77(k5140 ADDENDUM Na . 3 Date: .Tune 71 2004 Project Name : Milling, Resurfacing and Shoulder Paving on CR 512 from SR 60 to Fellsmere Farms and on Oslo Road Brum 20 `" Avrntir. to 2 rh Avenue Bial Number : 6080 Bid Opening Date : June 99 2004 at 2: 00 pm ■ rrr « rrar � r � � � � � rx � � l � � s � � � i � � r � � r a r � � � � � e � � � � � � � � � � � � r � r � s � r ■ � � � � � � � r � Mllk � r � � es � sri � r TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED . This ADDENDUM sets forth change and /or information as referenced and is thereby made a pant of and should be attached to the subject Contract Documents , SECTION 283 RECLAIMED ASPHALT PAVEMENT BASE Insert rhe following ,Section into the Technical Specification's on page 18 o) ' 6.1. SECTION 283 RECLAIMED ASPTIALT PAT ;'VIENT BASF, A . :. Sub Artiule 283 - 3 . 2f Number of C4iiurses '' is modified bey deleting thr requirement to coiastxuct the base in two ( 2 ) cow• ses . The CONTRACTOR shall be permitted to wristruct the RAP shoulder in one ( 1 ) lint,. B . Payment shall be made under : Item No . 283 — 8 "RAP Shoulder - SY Adden&on No, 3 Page .I of Z r: iF� tichurir:� lbial92093 -dD01 �'Y (6406116oh "WrfiwirtinnCRS1JfvNIIR60luFo&wwerI�arara1dU8G .� ddvt�b�ri�Jot. doc ' " VdLa • %.UUj ins xo : ut. uwuitua rb uu 'l This Addendum MUST be returned with your Bid All Bids must be receit,ed in the Purchasing Divisinn office located at 2625 19di Avenue, Vero Beach, FL 32960%x3335 Pl io" to the Date and Time shown above, Late bids will be returned unopened . Company Name E . J . BRENEMAN L . P . Name : PHILIP D . WAGNER Title : PRESIDENT (hype / Printed) BY : PHILIP D . WAGNER CO . , LLC , GENERAL PARTNER Authorized Signature : Date : 6 / 8 / 04 Telephone : 610 - 678 - 1913 Fax , 610 - 678 - 9691 Addendum A'0. 3 Page 1 of 2 F: ii'urehrnri,x� L9�da 1.003-20n� F x' (600?,11 bUlO Rcxxerlac3ug ops CR.S11 froth SR 6G In FcArnetre Farpul6U8G .l NWeadul�o?. enc � giVER n Indian River County Purchasing Division 4 2 262519th Avenue r Vero Beach, FL 32960-3335 �LORI�A �— Phone (772) 567-8000 Fax (772 ) 770-5140 Invitation to Bid Project Name : Milling, Resurfacing and Shoulder Paving on CR 512 from SR 60 to Fellsmere Farms and on Oslo Road from 20th Avenue to 27th Avenue Bid # : 6080 Bid Bond Required : Yes Performance Bond Required : Yes Payment Bond Required : Yes Pre Bid Meeting : No Refer Technical Specifications Questions to : Terry B . Thompson, P .E . , Capital Projects Manager Phone : (772) 2264282 Fax : (772) 9784806 E -mail : tthompson (a , ircgov. com Refer General Terms & Conditions Questions to : Fran Powell, Purchasing Manger Phone : (772) 567-8000 ext 1416 Fax : (772) 770 -5140 Email : purchasing(&Jrcgov .com Bid Opening Date : June 9 , 2004 Bid Opening Time : 2 : 00 P . M . ALL BIDS MUST BE RECEIVED IN THE PURCHASING DIVISION LOCATED AT 2625 19TH AVENUE , VERO BEACH, FLORIDA 32960 PRIOR TO THE DATE AND TIME SHOWN ABOVE . LATE BIDS WILL BE RETURNED UNOPENED F :\Public Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04.doc Page 1 of 58 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 # Indian River County is accepting sealed bids for the milling, resurfacing and shoulder widening of CR512 from SR60 to Fellsmere Farms and of Oslo Road from 201h Avenue to 27th Avenue. Detailed specifications for the above may be obtained from DemandStar . com at : 800- 711 - 1712 or downloaded from their web site at : www . demandstar. com Deadline for receipt of bids has been set for 2 : 00 P . M. on June 9 , 2004 . Only bids received on or before the time and date listed will be considered . The Board of County Commissioners reserves the right to accept or reject any and all bids in whole or in part and to waive all informalities . PURCHASING MANAGER INDIAN RIVER COUNTY Publish : May 1942004 and May 26 , 2004 For Publication in the Press Journal Please furnish Tear Sheet, Affidavit of Publication, and Invoice to : Indian River County Purchasing Division 2625 19th Avenue Vero Beach, FL 32960 F :\Public Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04. doc Page 2 of 58 SECTION 01000 INSTRUCTIONS TO BIDDERS 1 . 0 DEFINITION OF TERMS 1 . 1 Addenda : Any interpretations or revisions, in a written , telegraphic or graphic form to any of the contract documents received by Bidders before the opening of bids . 1 . 2 Authorized Representative: Any representative of the County, whether or not a County employee , designated as the County's authorized representative for the purposes of this contract either in a provision of these specifications or in written communication from the County Manager to the CONTRACTOR. 1 . 3 Bidder: Any person, firm , corporation , organization or agency submitting a bid for the work proposed or a duly authorized representative . 1 .4 Bonds : Bid, performance , maintenance, payment or any other instruments of security furnished by the CONTRACTOR and his authorized Surety in accordance with the contract documents . 1 . 5 Change Order: A written order to the Contractor, signed by the OWNER or the Owner ' s agent, and the Engineer, authorizing an addition, deletion or revision in the work issued after the award of contract . Such change order may increase or decrease the contract cost and/or times required and/or work required to perform the contract 1 . 6 Contract or Agreement: The written agreement executed by the OWNER and the CONTRACTOR for the performance of the work . The contract shall be substantially in the form provided in these specifications . 1 . 7 Contract Bond: The security furnished by the CONTRACTOR and the Surety as a guaranty that the CONTRACTOR will fulfill the terms of the Contract in accordance with the plans , specifications and other contract documents , and pay all legal debts pertaining to the construction of the Project . 1 . 8 CONTRACTOR or Vendor: The person, firm, corporation, organization or agency with whom the OWNER has executed a contract for performance of the work or supply of equipment or materials or his duly authorized representative . 1 . 9 Engineer: Terry B . Thompson, IRC Capital Projects Manager, (772) 466 -2500 . 1 . 10 OWNER or County: Board of County Commissioners , INDIAN RIVER COUNTY or its authorized representative . 1 . 11 Plans : Drawings or reproductions thereof furnished by the Engineer pertaining to the Project . FAPublic Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04.doc Page 3 of 58 1 . 12 Specifications : The directions , provisions and requirements contained herein , together with all written agreements made setting out or relating to the method and manner of performing the requested services , the quality of material and personnel to be furnished under this contract . All applicable laws of the State of Florida, the Federal Government and the rules and regulations of the County of Indian River are hereby adopted and made a part hereof as specifications . 1 . 13 Subcontractor: Any person, firm or corporation other than the CONTRACTOR supplying labor or materials for work being performed under these specifications . 1 . 14 Substantial Completion : The date certified by the Engineer when the construction of the Project, or a specified part thereof, is sufficiently completed, in accordance with the Contract Documents , so that the Project or specified part can be utilized for purposes for which it was intended . 1 . 15 Surety The corporate body which is bound with and for the CONTRACTOR, and which contracts responsibility for his acceptable bid , performance and maintenance of the Project and for his payment of all obligations pertaining thereto . 1 . 16 Work All labor, materials and incidentals required for the construction of the improvement for which the contract is made, including superintendents , use of equipment, and tools , and all services and responsibilities prescribed or implied, which are necessary for the complete performance by the CONTRACTOR of his obligations under the Contract . Unless otherwise specified herein or in the Contract, all costs of liability and of performing the work shall be at the Contractor ' s expense . 2 . 0 SPECIFICATIONS 2 . 1 All sections of the specifications and all supplementary documents are essential parts of the contract and requirements occurring in one area as though occurring in all . These specifications and documents in their entirety shall be included in, and made a part of, the contract between the County and the successful bidder. 2 . 2 In the event there is any conflict between the terms and conditions contained in the specifications, the precedence of the specifications shall be as follows : a. Addenda or modifications of any nature, if any b . Supplementary conditions , if any c . Technical specifications, if any d . Special provisions e . General conditions f. Instructions to bidders g . Bid form FAPubhc Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04. doc Page 4 of 58 2 . 3 There will be no oral interpretations of these specifications . Any bidder/proposers in doubt as to the true meaning of any part of the specifications or related documents may submit a written request to the Purchasing Manager for interpretation thereof. The Purchasing Manager shall receive all requests for interpretation or corrections no later than ten (10) days prior to the deadline for submitting bids/Bids . Any interpretation to a bidder will be made only by an addendum duly issued and a copy of such addendum will be mailed and delivered to each bidder receiving a set of documents . 3 . 0 BOND REQUIREMENTS 3 . 1 Bond requirements, if any, are detailed in the section entitled Special Provisions . 4 .0 PREPARATION OF BIDS 4 . 1 Bids shall be submitted in triplicate on the prescribed form provided in these specifications . All copies must be plainly marked by the bidder who will be responsible for their correctness . All blank spaces must be filled in as noted in ink or type . Bids having erasures or corrections must be initialed in ink by the bidder. 4 . 2 Only one bid from any individual firm, corporation, organization or agency under the same or different name shall be considered. Should it appear to the OWNER that any bidder is interested in more than one bid, all bids in which such bidder has interest would be rejected. 4 . 3 If SUBCONTRACTORS are allowed, bids shall be accompanied by a list of all SUBCONTRACTORS that the bidder proposes to employ, subcontractor shall not be changed without approval of the OWNER. 4 . 4 Any deviation from these specifications must be explained in detail . Otherwise, it will be considered that labor, materials and equipment bid is in strict compliance with these specifications and the successful bidder will be held responsible for meeting those specifications . Any exceptions or clarifications to any section of the specifications shall be clearly indicated on a separate sheet(s) attached to the bid form and shall specifically refer to the applicable specification paragraph and page . 4 . 5 A bidder is expected to fully inform himself as to the requirements of the specifications and failure to do so will be at his own risk. A bidder shall not expect to secure relief on the plea of error. 4 . 6 No alternate bids shall be submitted unless specifically requested in the Invitation to Bid documents . 5 . 0 QUALIFICATIONS OF BIDDERS 5 . 1 The County reserves the right to make such investigations as it may deem necessary to establish the competency and financial ability of any bidder to perform the work . F :\Public Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04. doc Page 5 of 58 5 . 2 If, after the investigation , the evidence of competency and financial ability is not satisfactory, the County reserves the right to reject the bid . 6. 0 RECEIPT AND OPENING OF BIDS 6 . 1 All bids must be submitted in a sealed envelope , addressed and mailed or delivered as stated in the Invitation to Bid . Any bidder may withdraw his bid either personally or by telegraphic or written communication at any time prior to the scheduled closing time for the bid . 6 . 2 The bidder shall submit his bid on the form furnished along with all information indicated on the form . Bids shall be in the units specified for each item . The bidder shall enter the company name wherever the bid form so indicates . 6 . 3 Bids shall be opened and publicly read at the time and place indicated in the Invitation to Bid . 7. 0 CONSIDERATION OF BIDS AND AWARD OF CONTRACT 7 . 1 The contract will be awarded to the lowest responsible and responsive bidder whose bid, conforming to the specifications and/or instructions to bidder, will be the most advantageous to the County, price and other factors considered . 7 . 2 The OWNER reserves the right to award the contract to other than the low bidder for such reasons as acceptability of specific products or designs , delivery times , warranties, past performance, unacceptable deviations or exceptions taken to these specifications or degree of compliance with any other requirement of these specifications . Further, OWNER shall have the right to consider price, quality, time required for performance and qualifications of the bidder in making the award . 7 . 3 The OWNER reserves the right to waive any and all irregularities and to reject any or all bids in the best interest of the OWNER and award the contract to the responsible bidder whose bid is determined to be in the best interest of the County. 7 .4 If the contract is awarded, the OWNER will accept the bid and award the contract to the successful bidder within sixty (60) days after the opening of the bids , by written notice to the successful bidder. The award of the contract will be made to one CONTRACTOR only for all work to be done . 7 . 5 Failure on the part of the successful bidder to execute a contract within fifteen (15 ) days after the notice of acceptance shall be just cause for annulment of award . The OWNER may then accept the bid of the next best-evaluated bid or re- advertise for bid . 7 . 6 If the bid of the next bidder is accepted, this acceptance shall bind such bidder as though he were the original successful bidder. F :\Public Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04 .doc Page 6 of 58 8 .0 ACCEPTANCE OF OFFER 8 . 1 The signed bid shall be considered an offer on the part of the bidder; such offer shall be deemed accepted upon completion of all steps in the purchasing process and issuance by the County of a contractual document. 9 . 0 PERFORMANCE 9 . 1 All material and parts shall be bid F . O . B . Destination, at the job site . 10 . 0 CONFLICT OF INTEREST 10 . 1 The bidder, by signing his bid, certifies that to the best of his knowledge or belief, no elected/appointed official or employee of the County is financially interested , directly or indirectly, in the purchase of the goods or services specified on this order. 11 .0 ADDENDA 11 . 1 Addenda issued by OWNER prior to the bid opening shall be binding as if written into the specifications . Bidders shall acknowledge receipt of the same as indicated on the bid form . END OF SECTION 01000 F :\Public Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 18 .04.doc Page 7 of 58 SECTION 01100 SPECIAL PROVISIONS 1. 0 SCOPE 1 . 1 These Special Provisions shall supplement the General Conditions and shall govern purchases by the County of Indian River under these Specifications , except that technical specifications, if any, will govern if any conflict arises between such technical specifications and these Special Provisions , 2 . 0 DESCRIPTION OF THE WORK 2 . 1 The work for this project shall consist of boxing out the shoulders , milling and constructing RAP shoulders , and resurfacing road and paving shoulder in accordance with the drawings contained herein. 2 . 2 Extra work: Without invalidating the contract , the OWNER may at any time , by written change order and without preliminary notice to the surety, order extra work within the general scope or alter the work by addition or reduction , and the contract price will be adjusted accordingly . 2 . 3 Changes in work: The County shall have the right to suspend work wholly or in part for such period or periods as may be deemed necessary due to unsuitable weather or other conditions which the County considers unfavorable for the work to proceed . No allowance of any kind will be made for such suspension of work except an equivalent time for completion of the contract . 2 . 4 Changed conditions : If during the progress of work, field conditions are found to differ materially from those covered by the Specifications or from those which could reasonably have been foreseen by the CONTRACTOR after examination of the site, the CONTRACTOR shall call such conditions to the attention of the OWNER and necessary changes will be made to the Specifications . If these changes entail extra work or materials and the value of such work has not been determined by unit price under the contract, the values of such work or change shall be determined by negotiation. The OWNER and CONTRACTOR shall execute a change order to the contract at mutually satisfactory unit prices or lump sums for any extra work, addition or deletion made necessary by such changed conditions and requested by the County. 3 .0 COMMENCEMENT OF WORK 3 . 1 The work shall commence immediately upon receipt of a Notice to Proceed . 4 . 0 TIME OF COMPLETION 4 . 1 The work shall be completed by July 31 , 2004 . 5 . 0 CONTRACT PRICE 5 . 1 The County shall pay the CONTRACTOR the lump sum amount for the work at the price(s) stated on the bid form upon completion and fmal acceptance by the ENGINEER. No additional payment shall be made to the CONTRACTOR except for additional work or materials as stated on a valid change order issued by the County prior to the performance of the work or delivery of materials . FAPublic Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04 . doc Page 8 of 58 5 . 2 Final Payment Acceptance : The acceptance by the CONTRACTOR of final payment due on termination of this contract shall constitute a full and complete release of the County from any and all claims, demands and causes of action whatsoever which the CONTRACTOR, its successors or assigns have or may have against the County under the provisions of this contract . 6. 0 EXAMINATION OF THE SITE 6 . 1 Before submitting this bid, the bidder shall visit the job site in order to ascertain the prevailing local conditions, which may affect the work to be done . 6 . 2 No payment for additional work or materials shall be made upon any claim of changed conditions (s) if such condition(s) could have been reasonably foreseen upon diligent examination of the site prior to submission of the bid . 7. 0 COOPERATION/COORDINATION 7 . 1 The OWNER and its authorized representatives shall be permitted free access and every reasonable facility for the inspection of all work and materials . 7 . 2 Work by OWNER : The County hereby reserves the right to perform activities in the area where work is being done under this contract with its own forces . 7 . 3 Work by Other CONTRACTORS : The County hereby reserves the right to permit other CONTRACTORS to work within the area, which is the site of the work under the contract . 7 . 4 Coordination : CONTRACTOR shall afford OWNER and other CONTRACTORS reasonable opportunity for the introduction and storage of their equipment, materials and the execution of their work concurrently, and shall properly coordinate its work with theirs in the best interest of the County. 8 . 0 BONDS 8 . 1 Bid Security : Each bid must be accompanied by a cashier's check, certified check or bid bond in the form attached to these specifications payable to INDIAN RIVER COUNTY in the amount of . five (5 ) percent of the bid submitted . Bid security will be forfeited if the successful bidder fails to execute a contract with the County substantially in the form attached hereto within fifteen (15 ) days after notification of award of the contract. The OWNER shall within twenty (20) business days after the opening of the bids , return the bid securities of all bidders except those posted by the three lowest responsive bidders, whose bid securities will be returned upon the final award and execution of the contract between the successful bidder and the OWNER, and after proof of insurance and/or a Performance Bond as specified herein has been received by OWNER. 8 . 2 Performance & Payment Bonds : The CONTRACTOR shall furnish a Performance Bond in the form attached to these specifications in an amount of 125 % of the lump sum amount bid as security for the full and complete performance of the contract and a separate Payment Bond in the amount of 100% of the lump sum bid as security for the payment of all persons performing labor, furnishing materials or furnishing equipment in connection with the contract . FAPublic Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04 . doc Page 9 of 58 8 . 3 Requirements as to Surety : The surety or Sureties shall be a company or companies satisfactory to the County . Any surety shall be required to have a resident agent in the State of Florida and shall be duly licensed to conduct business therein . The requirement of a Florida resident agent may be waived by the County if evidence satisfactory to the County is provided that applicable requirements have been met to permit service of process on a State official under State law . END OF SECTION 01100 FAPublic Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04.doc Page 10 of 58 SECTION 01200 GENERAL CONDITIONS 1 . 0 RESPONSIBILITIES OF THE CONTRACTOR 1 . 1 Performance : The CONTRACTOR shall perform all authorized work initiated by the OWNER promptly and diligently in a good, proper and workmanlike manner in accordance with these Specifications . The CONTRACTOR, in doing the work, shall have the freedom to perform the authorized work by such means and in such a manner as he may choose within the limits of these Specifications. Employees of the CONTRACTOR shall not be deemed employees of the OWNER for any purposes whatsoever. 1 . 2 Materials, Services and Facilities : The CONTRACTOR shall provide and pay for all labor, tools, equipment, transportation and materials and these shall be of a high quality in every respect . The CONTRACTOR'S employees shall be as clean and in good appearance as the job conditions permit and shall conduct themselves in an industrious and courteous manner. Modern tools kept in good working order shall be utilized . Adequate first aid supplies shall be provided by the CONTRACTOR and shall be accessible to the employees . 1 . 3 Subcontractor The CONTRACTOR may utilize service or specialty SUBCONTRACTORS on those parts of the work, which under normal contracting practices , are performed by specialty SUBCONTRACTORS . The following provisions shall apply : 1 . 3 . 1 The CONTRACTOR shall notify the OWNER in writing of any subcontract that is to be utilized and no subcontractor shall be employed without the written approval of the OWNER . 1 . 3 . 2 The CONTRACTOR shall be as fully responsible to the OWNER for acts and omissions of persons directly or indirectly employed by him as he for the acts and omissions of persons strictly employs him . 1 . 3 . 3 Nothing contained in this contract shall create any kind of contractual relationship between the SUBCONTRACTORS and the OWNER. 1 . 4 Compliance with Laws and Regulations : All County, State and Federal law, regulations or ordinances must be strictly observed . CONTRACTORS shall be responsible for all practical and , legal notices and signals to the public while the work is in progress and shall take precautions that may be necessary to protect life and property. 1 . 5 Responsibility for Damages : The CONTRACTOR shall indemnify and hold harmless the OWNER from all suits, actions or claims of any character brought on account of any injuries or damages received or sustained by any person, persons , or property by or from the said CONTRACTOR, or by or in consequence of any neglect in safeguarding the work through the use of unacceptable materials or workmanship or by or on account of any activity or omission, neglect or misconduct of the CONTRACTOR, a SUBCONTRACTOR or by an account of, any claim or amounts recovered from any infringement of patent, trademark or copyright or from any claims or amounts arising or recovered under the " Workers Compensation Law " or any other law , by-laws , ordinance, order or decree . FAPublic Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04 . doc Page 11 of 58 1 . 6 Enforcement or Litigation Cost : The CONTRACTOR shall pay all costs and expenses that may be incurred by the County ( i ) in enforcing compliance by the CONTRACTOR with the provisions of this contract, or ( ii) in defending any proceeding or suit brought against the County for violation by the CONTRACTOR, of any law or ordinance , or (iii ) in defending any action or suit for which indemnification is required thereunder. If the County shall be, or be made, a party to any litigation with respect to any matter arising out of, or related to , this contract as to which the CONTRACTOR is at fault or responsible, the CONTRACTOR shall pay all judgments , decrees and costs , including reasonable attorney' s fees , incurred by or imposed upon, the County in connection therewith . 1 . 7 Insurance : 1 . 7 . 1 OWNERS and SUBCONTRACTORS Insurance : The CONTRACTOR shall not commence work until he has obtained all the insurance required under this section , and until such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any SUBCONTRACTOR to commence work until the SUBCONTRACTOR has obtained the insurance required for a CONTRACTOR herein and such insurance has been approved unless the SUBCONTRACTOR's work is covered by the protections afforded by the CONTRACTOR' s insurance . 1 . 7 . 2 Compensation Insurance : The CONTRACTOR shall procure and maintain worker's compensation insurance to the extent required by law for all his employees to be engaged in work under this contract . In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the CONTRACTOR shall provide adequate coverage for the protection of such employees . 1 . 7 . 3 Public Liability Insurance : The CONTRACTOR shall procure and shall maintain commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts referenced in Exhibit A . The OWNER shall be an additional named insured on this insurance with respect to all claims arising out of the operations or work to be performed. insufaHGG «all o ) Of the, GGMPICAG f . T+' a oomarit to anol- la tl- a GQU t) r to GEHAAFont nolle i'nr Ung- inst-ollotinr� of �E-C-gip - - - --- - - --- - - - ---- v - - - - -- -- -- - - - - --- - - Ung- eTl. 1 . 7 . 5 Proof of Carriage of Insurance : The CONTRACTOR shall furnish the OWNER a certificate of insurance in a form acceptable to the OWNER for the insurance required. Such certificate or an endorsement provided by the CONTRACTOR must state that the OWNER will be given thirty (30) days written notice prior to cancellation or material change in coverage , 1 . 8 Permits and Licenses : The CONTRACTOR shall procure all permits and licenses , pay all charges and fees and give all notice necessary and incidental to the performance of the work . FAPublic Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04 .doc Page 12 of 58 1 . 8 . 1 The COUNTY will provide signed and sealed drawings required to obtain permits . 1 . 9 Assignment of Contract: 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 the convenience of the County, and/or with or without cause . 1 . 9 . 1 Fiscal Non -Funding: In the event sufficient budgeted funds are not available for a new fiscal period, the County shall notify the vendor of such occurrence, and the contract shall terminate on the last day of the current fiscal period without penalty or expense to the County. 1 . 10 Liens : Before the final acceptance of the work and payment by the OWNER, the CONTRACTOR shall furnish to the OWNER proper satisfactory evidence, under oath, that all claims for labor and materials employed or used in the construction of said work have been settled and no 1 egal claim can be filed against the OWNER for such labor and materials . If such evidence is not furnished to the OWNER, such amounts as may be necessary to meet the unsatisfied claims may be retained from moneys due to the CONTRACTOR under this contract until the liability shall be fully discharged . 2 . 0 CONDUCT OF THE WORK 2 . 1 Al I parts and materials to be permanently installed shall be new and of the most suitable grade for the purpose intended . Equipment shall be modern, in good condition, and of adequate size and proper type to perform the duty required . 2 . 2 Defective Work And Materials. 2 . 2 . 1 Al I materials furnished or work done , when not in accordance with the intent of these Specifications , shall be rejected and shall be removed immediately and replaced by suitable and satisfactory work and materials . Failure to reject any defective work or materials will not prevent later rejection when such a defect is discovered and shall not relieve the CONTRACTOR of his obligation to fulfill his contract even though such work and materials have been previously inspected by the OWNER and accepted ; it shall not obligate the OWNER to final acceptance nor shall it prevent the OWNER in any time subsequent from recovering damages from work actually shown to be defective within a one ( 1 ) year period after the final acceptance. 2 . 2 . 2 If the CONTRACTOR fails to remove any defective work or materials , the OWNER shall have the right to stop work and remedy the cause at the expense of the CONTRACTOR. 2 . 2 . 3 If the OWNER deems it expedient to accept minor imperfect work, the OWNER shall have the right to retain such work and an equitable deduction shall be made in the Contract price . 2 . 3 Damage to the Work. Until final acceptance of the work by the OWNER, it shall be under the charge and care of the CONTRACTOR and he shall take every necessary precaution against injury or damage to the work by the action of the elements , or from any other cause whatsoever. The CONTRACTOR shall rebuild, repair, restore and make good, at his own expense , damages to any portion of the work before its completion and acceptance . FAPublic Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04.doc Page 13 of 58 2 . 4 Final Cleanup . Before the work is considered complete, al l rubbish and unused material due to , or connected with, the work must be removed and the premises left in a condition satisfactory to the OWNER. A 11 property, public or private , disturbed or damaged, during the execution of the work shall be restored to its former condition . Final payment will be withheld until such work is accomplished . 3 .0 SAFETY AND PROTECTION 3 . 1 Safety. The CONTRACTOR shall furnish and install al l necessary equipment and facilities for the protection of the workers and the safety of the public and shall carry on this work in a manner best calculated to avoid injury to the public or to the workers . 3 . 2 Protection of Adjacent Property and Utilities : The CONTRACTOR shall conduct his work in such a manner as to avoid damage to adjacent private or public property and shall immediately repair or pay for any damage incurred through his operations . The CONTRACTOR shall take cognizance of al I existing utilities and he shall operate with due care in the vicinity of such utilities and shall immediately repair or have repaired at no additional costs to the OWNER any breakage or damage caused by his operation . Should the OWNER be required to make such repairs , the cost of such repairs shall be deducted from the contract price . 4. 0 TERMINATION/DEFAULT 4 . 1 If the CONTRACTOR shall be adjudged as bankrupt, or if he should make a general assignment for the benefit of his creditor(s) , or if a receiver shall be appointed for the CONTRACTOR, or if he should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper materials , or if he should refuse or fail to make payment to persons supplying labor or materials for the work under the contract, or persistently disregards instructions of the OWNER, or fails to observe or perform, or be guilty of a substantial violation of any provision of the contract documents , then the OWNER, after serving at least ten (10) days prior written notice to the CONTRACTOR of its intent to terminate , and such default shall continue unremedied for a period of ten (10) days , may terminate the contract without prejudice to any other rights or remedies and take possession of the work; and the OWNER may take possession of, and utilize in completing the work, such materials , appliances and equipment as may be on the site of the work and necessary therefore . The CONTRACTOR shall be liable to the OWNER for any damages resulting from such . default . 5 . 0 DELAY 5 . 1 Notwithstanding the contract schedule, the County shall have the right to delay performance for up to three (3 ) months as necessary or desirable, and such delay shall not be deemed a breach of contract, but the contract schedule shall be extended for a period equivalent to the time lost by reason of the County' s delay. 5 . 2 If the work is stopped or delayed for more than three (3 ) months , either in whole or in substantial part, either the County or CONTRACTOR may elect to terminate the contract because of such delay. If such stoppage or delay is due to actions taken by the County within its control, CONTRACTOR' S sole remedy under the contract shall be reimbursement for costs reasonably FAPublic Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04. doc Page 14 of 58 expended in preparation for or in performance of the contract plus CONTRACTOR ' S lost profit for the period of CONTRACTOR ' S performance on the jobsite . 5 . 3 If the performance of the contract is delayed by fire, lightning, earthquake , cyclone or other such cause completely beyond the control of either the County or CONTRACTOR, then the time for completion of the contract shall be extended for a period equivalent to the time lost by reason of any of the aforesaid causes . 6. 0 WARRANTY/GUARANTEE 6 . 1 CONTRACTOR warrants and guarantees to OWNER that all materials will be new unless otherwise specified and that all work will be of good quality and free from defects and in accordance with the Specifications . 6 .2 CONTRACTOR agrees to remedy promptly and without cost to OWNER, any defective materials or workmanship that appear within one (1) year from the date of completion of the work . 6 . 3 No provision contained in these Specifications shall be held to limit CONTRACTOR ' S liability for defects to less than the legal limit of liability in accordance with law. 6 . 4 No provision contained in these Specifications shall be held to limit the terms and conditions of the Manufacturer' s Warranty and CONTRACTOR shall secure parts , materials and equipment to be installed with Manufacturer's full warranty as to parts and service for one (1) year wherever possible . 6 . 5 . Asbuilt Drawing Requirements 6 . 5 . 1 Prior to Final Acceptance, the CONTRACTOR shall submit to the OWNER one ( 1 ) set of As built Plans . This plan set shall show the exact way in which the installation was constructed, including all changes during the course of the project . 6 . 5 . 2 The CONTRACTOR shall correct any errors to the As-Built plans upon review by the ENGINEER before Final Acceptance is complete . 7. 0 NOTICES 7 . 1 Notices to the CONTRACTOR pursuant to these Specifications shall be deemed to have been properly sent when mailed to the CONTRACTOR at the address provided on the bid form . 7 . 2 Notices to the County shall be deemed to have been properly sent when mailed to the Indian River County Public Works Department, 1840 25th Street, Vero Beach, Florida 32960 , 8 . 0 DISPUTE 8 . 1 Except as otherwise provided in this contract , any dispute concerning a question of fact or of interpretation of a requirement of the contract which is not disposed of by mutual consent between the parties shall be decided by the Public Works Director, who shall reduce the decision to writing and furnish a copy thereof to the parties . In connection with any dispute proceeding under this clause, the party shall be afforded an opportunity to be heard and to offer evidence in support of its version of the facts and interpretation of the contract . F :\Public Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04.doc Page 15 of 58 8 . 1 . 1 The Public Works Director shall make such explanation as may be necessary to complete, explain or make definite the provisions of this contract and the findings , and conclusions shall be final and binding on both parties . Pending the final decision of a dispute thereunder, CONTRACTOR shall proceed diligently with its performance of the contract in accordance with the preliminary directions of the Public Works Director. 9 . 0 TERMINATION BY THE COUNTY 9 . 1 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 the convenience of the County, and/or with or without cause . 9 . 2 Fiscal Non-Funding : In the event sufficient budgeted funds are not available for anew fiscal period, the County shall notify the vendor of such occurrence and the contract shall terminate on the last day of the current fiscal period without penalty or expense to the County. 10. 0 PUBLIC ENTITY CRIMES 10 . 1 Public Entity Crimes - Section 287 . 133 of the Florida State Statutes requires that a CONTRACTOR submit a sworn statement concerning Public Entity crimes before a purchase of $ 10 , 000 . 00 or more can be made by a Government Entity. Bidders are required to submit the enclosed form ( Refer to Forms Section of Bid Document) with their bid, as failure to do so may be reason for rejection of bid. 11 . 0 PUBLIC DISCLOSURE STATEMENT 11 . 1 Conflict of Interest : Any entity submitting a bid or entering into a contract with the COUNTY shall disclose any relationship that may exist between the contracting entity and a County Commissioner or County employee . The relationship with either must be disclosed as follows : 11 . 1 . 1 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, half brother, half . sister, grandparent, or grandchild. 11 . 2 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. (Form provided in the Forms Section of this Bid) . Failure to submit form may be cause for rejection of bid . END OF SECTION 01200 FAPublic Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04.doc Page 16 of 58 SECTION 01610 TECHNICAL SPECIFICATIONS SECTION - 1 STANDARD SPECIFICATIONS All work of this Contract shall conform to the applicable technical specifications of Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 2004 , and Supplements thereto as noted in the Special Provisions and addenda thereto , except as modified and supplemented hereinafter. Reference to Article numbers herein- after apply to the FDOT Standard Specifications , and reference in FDOT Standard Specifications to Department shall be taken as the Owner or its appointed Representative . Wherever the Specifications , Supplementals, etc . may refer to the " Owner" , "Department" , " State of Florida Department of Transportation" , or words relating to offices of State Government, such words shall be taken as meaning Owner or Indian River County, Florida. Wherever the word Resident Engineer appears, it shall be taken to mean an authorized representative of the Owner's Engineer on the Project (Resident Construction Inspector) who will act as an agent for Indian River County, assigned to observe the progress quantity and quality of the work . SECTION - 4 SCOPE OF THE WORK Section 4-3 . 5 Value Engineering Incentive is deleted in its entirety. SECTION 102 MAINTENANCE OF TRAFFIC A . General : Work under this section consists of maintaining traffic within the limits of the project for the duration of construction in accordance with the U. S . Department of Transportation's Manual On Uniform Traffic Control Devices (MUTCD) 2000 Edition, FDOT Index 600 Series and FDOT Standard Specification Section 102 . B . Compensation : Lump Sum Payment shall include all items and services necessary for the safe maintenance of traffic within the project limits . This shall include, but not be limited to , construction signs, flaggers, construction and advisory signing, lights , embankment , base material, asphaltic concrete, striping, cones , maintenance of pavement, commercial material for driveway maintenance, flashing arrow boards, high intensity flashing detours , temporary pavement markings , Type II and Type III Barricades , dust control and all items necessary to meet the maintenance of traffic requirements of U. S . Department of Transportation' s Manual On Uniform Traffic Control Devices (MUTCD) 2000 Edition, FDOT Index 600 Series and FDOT Standard Specification Section 102 . FAPublic Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04.doc Page 17 of 58 C . Non- Compliance : Should the Owner or Engineer determine that traffic within the project is not being maintained in accordance with the approved traffic control pian or presents a public safety concern , the contractor shall have until the end of the working day, in which notification is given, to take action to modify the maintenance of traffic . Should the contractor fail to make such modification the Owner shall have the option to fine the Contractor $400 per day until remedied . SECTION 120 EMBANKMENT Price and payment will be full compensation for all earthwork including all material for constructing the embankment ; all clearing and grubbing ; removal of rubbish and vegetation ; all excavating; boxing out shoulder widening; placing and compacting material , compacting existing subgrade ; removal and disposal of excess material ; grading shoulders to match elevation of pavement edge and existing ground ; dressing of the surface; and maintenance and protection of completed earthwork . Payment will be made under : Item No . 120- 6 - Embankment — Lump Sum SECTION 234 SUPERPAVE ASPHALT BASE A. Sub Article 234- 10 (Page 208) is modified by deleting any reference to adjustment of pay area and replacing it with the following : No additional payment will be made for base thickness in excess of the specified thickness B . Payment shall be made under : Item No . 285 -7 — Asphalt Base ,Type B - 12 . 5 - Per Square Yard SECTION 300 PRIME AND TACK COATS All prime and tack materials as identified in the 2004 FDOT Road and Bridge Specifications and 2004 Supplements may be used . Article 300-9 Basis of Payment (Page 209) is deleted and the following substituted : The quantities to be paid for under this Section shall be included in the cost of the following contract items : FAPublic Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04.doc Page 18 of 58 A . Prime Coat - included in 'Base " Pay Item . B . Tack Coat - included in "Asphaltic Concrete " Pay Item C . Bituminous Material (Plant Mix) ( asphalt cement . 20/30) - to be included in Asphaltic Concrete . SECTION 327 MILLING OF EXISTING ASPHALT PAVEMENT A. Contracor taking ownership of milled material is deleted . Milled material shall be utilized as indicated in the drawings contained herein . B . Payment shall be made under: Item No . 327 -70 — Milling Existing Asphalt Pavement —SY SECTION 329 COLD RECYCLED BITUMINOUS BASE COURSE DESCRIPTION - This work is the in-place construction of a Cold Recycled Bituminous Base Course, using either reclaimed asphalt pavement (RAP) material and/or reclaimed aggregate material (RAM) , combined with virgin aggregates and/or bituminous material . It is the intent of this contract to recycle 100% of the existing asphalt pavement to ensure that the completed recycled base course will be of a consistent material and thickness throughout . This will include, but is not limited to , all existing asphalt pavement adjacent to all concrete curbing, storm sewer inlets , manholes, sanitary sewer manholes, and all utility valve boxes . The existing asphalt pavement in the above-described locations must be included in the recycling process in order to construct a bituminous base course with a uniform thickness throughout 100 % of the proposed area. All work on this contract must also conform to specifications per AASHTO -AGC -ARTBA Task Force 38 Report (available from American Association of State Highway and Transportation Officials, 444 North Capital Street NW, Suite 249 , Washington, DC 20001 ) . The intent of this contract is to utilize the specified process which is clearly defined in Task Force 38 as being a completely separate discipline from Full Depth Reclamation . Therefore Full Depth Reclamation or any variation of will not be accepted . FAPublic Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04. doc Page 19 of 58 DEPTH - Mill to a minimum depth of 5 ". Excavate milled material and replace with new recycled base course material or binder to the required depth and compact . SLOPE - A minimum 2 % Cross Slope shall be maintained through the length of the project . MATERIAL - A . Reclaimed Material Reclaimed Asphalt Pavement - Processed paving material containing bitumen and aggregates , hereinafter called (RAP) . NOTE : Ninety- five percent (95 %) of the bituminous material is required to pass through a two -inch (2 ") sieve . B . Bituminous Material - Add to the mix the type and quantity of bituminous material as determined by Design . Use bituminous material conforming to the applicable requirements of FDOT Standard Specifications for Road and Bridge Construction 2000 . Use the following : C . Emulsified Asphalt - CSS - 1H , E- 1 8R or approved equivalent alternate . D . Aggregate - FDOT Standard Specifications for Road and Bridge Construction 2000, Section 9014 .4, Nos . 57 and 67, No . 2 . Add the gradation and quantity to the mix as required by field conditions and/or directed . E . Testing - One ( 1 ) core sample must be taken for every 500 lineal feet, with a minimum of a 6 " core bit, on each street that is part of this project . This hole must be patched with cold patch . Supply representative samples of the RAP material or pavement core samples , bituminous materials , and virgin aggregate to a laboratory for preliminary testing to determine the optimum moisture content, type of bituminous material, and proportions . Obtain guidelines on sampling procedures from the Florida Method of Sampling and Testing as found in the Field Sampling and Testing Manual , F . Mixture - Combine the reclaimed material, aggregates , and bitumen, meeting the requirements specified, in such proportions that the total aggregate and bitumen in the base course conforms to a mixture of acceptable composition and stability. Make field adjustments to the recommended mix design under the guidance of a knowledgeable and competent technician to obtain a satisfactory recycled mixture . ASPHALT CONTENT — The approved Emulsion will be added at a rate that has been determined by a proper mix design and approved by the engineer. FAPublic Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04 .doc Page 20 of 58 CONSTRUCTION A . Equipment - Use equipment that will produce the completed base course in -place as follows : 1 . Use a single processing unit capable of planing, sizing and mixing all materials in -place and which are capable of placing the recycled base course in a single pass lay down . The single unit train must recycle a minimum lane width of ten feet in one pass . 2 . Use a multi -unit train capable of planing, sizing and mixing all materials in- place as specified . Up- cutting machines shall not be permitted unless secondary crushing is conducted in-place prior to mixing and the introduction of bituminous material . The multi -unit train must recycle a minimum lane width of ten feet in one pass . 3 . Use only bituminous pavers as specified in FDOT Standard Specifications for Road and Bridge Construction 2000, Section 320- 6 for lay down of materials . 4 . Maintain all equipment in a satisfactory operating condition as specified in FDOT Standard Specifications for Road and Bridge Construction 2000, Section 320 . 5 , Recycling Around Utilities - So as to recycle 100 % of the roadway, use a small milling machine to mill to a minimum depth of 5 " longitudinally around all manholes , inlets and any other structures not accessible or practical to be milled by milling/mixing machine . The milled product produced by the small mill will be the same as the large mill and of equal gradation to produce a uniform recycled bituminous base course . Remove milled material and replace with new recycled bituminous base course material or binder. B . Mixing - Mixing of all reclaimed materials , aggregate and emulsified asphalt will be conducted in-place . Maintain a proper moisture content to assure thorough mixing of all materials in-place . 1 . In-Place Mixing - Spread the required quantity of reclaimed material and aggregate, if required, on the prepared area in a uniform loose layer to obtain the specified compacted depth. Adjust the travel speed of the mixer to obtain a thorough and uniform mixture in a single pass . 2 . Ensure that positive displacement pumps accurately meter the planned amount of bituminous material and the milling machine mixes it thoroughly with the RAP materials . The pump shall be mechanically or electronically interlocked with the ground speed of the machine . The bituminous metering system and water metering system shall be capable of continuous monitoring (GPM) flow, and totaling the quantity of bituminous material applied into the mixing chamber. FAPublic Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04.doc Page 21 of 58 C . Compaction - Provide a compacted layer depth of not less than three inches ( 3 " ) , not more than five inches ( 5 " ) . After each course has been uniformly spread, allow that course to cure as necessary prior to the rolling . Roll with rollers meeting the requirements of FDOT Standard Specifications for Road and Bridge Construction 2000, Section 330- 11 . Commence rolling at the low side of the course , except leave three to six inches ( 3 - 6 " ) from any unsupported edge or edges unrolled initially to prevent distortion . The in-place density of each compacted course will be determined in accordance with Section 330- 11 .3 . 1 . Density readings will be taken by a licensed nuclear gauge operator and witnessed by the Inspector. Construct at least two (2 ) control strips by varying the roller sequence to achieve maximum density. Compact the remaining recycled mixture to a target density of at least 96% of the highest average control strip density. Use both a pneumatic tire roller (25 -30 ton) and a steel roller ( 10 ton or larger) , operated in a vibratory mode in the rolling operation . D . Finishing - Complete the finishing operation during daylight hours . The roadway must be open to the traveling public at all times . E . Protection - As per FDOT Standard Specifications for Road and Bridge Construction 2000, Section 330- 14 . Protect any finished portion of the base course upon which construction equipment is required to travel to prevent marring, distortion, or damage of any kind . Immediately and satisfactorily correct any such damage . F . Surface Tolerance - As per FDOT Standard Specifications for Road and Bridge Construction 2000, Section 330- 13 .3 . Check the surface smoothness transversely with acceptable templates and longitudinally with straightedges in accordance with the requirements of Section 33043 .3 . Satisfactorily correct any surface irregularity that exceeds 1 /2 inch under a template or straightedge, and that the engineer deems obj ectionable . G . Tests for Depth of Finished Base Course - Determine the depth of Recycled Bituminous Base Course by cutting or drilling holes to the full depth of the completed base course . Make one depth measurement for each 500 lineal feet or less of completed base course . Remove and satisfactorily replace any section deficient 1 /2 inch or more from the specified depth at no expense to the County. Start the immediate correction of sections of the base course, which are deficient in depth at the point of the determined deficiency and proceed longitudinally and transversely until the base course is found to meet the specifications . Cut or drill all test holes , backfill with similar and/or acceptable material, and satisfactorily compact at no expense to the County. This operation will be under the supervision of the County, who will check the depth for record purposes . F :\Public Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04. doc Page 22 of 58 H . Base Failure - In the event of any unstable or failed area of the recycled asphalt base course, the Engineer will determine if the failure is due to the incorrect processing of the recycled asphalt material or if deeper underlying material or drainage problems are responsible for the failure . In the event it is determined by the Engineer and the contractor that the failure is due to the recycled asphalt material being at fault, the contractor will excavate the failed area and back fill and compact with suitable new material . If the problem is not due to the recycled asphalt material , then the area will be excavated and repaired and either a bid pay item or a change order will be used . I . Maintenance and Traffic - Maintain the completed base course and control traffic as specified in FDOT Standard Specifications for Road and Bridge Construction 2000 , Section 102 . Use a pilot car for speed control if damage to the completed base course, such as raveling, is likely to occur. J . Traffic Control - Flagging and other traffic control measures shall be in accordance with FDOT Standard Specifications for Road and Bridge Construction 2000 , Section 102 . K. Pre- Construction Testing - The Bidder is required to take representative core samples of the roads proposed in this contract to insure adequate depth of suitable material for recycling. The results of these core samples, along with a suggested mix design of asphalt content must be submitted in a separately sealed envelope at the time of the bid opening . FAILURE TO COMPLY WILL BE REASON TO REJECT THE BID . L . Curing - Allow the recycled base course to cure for at least one week before placing the wearing course . M . Failure to comply with testing, construction methods or specified equipment will be cause to terminate contract. DOCUMENTATION A . Delivery Tickets - All delivery tickets and notes regarding any materials brought to the project site to complete this Contract must be given to the County upon delivery to the project site . These tickets must be signed by an approved representative of the County at the time of delivery. B . Meter Readings - Before the start and at the end of each day' s work, the County' s representative must be permitted access to the mixing equipment in order to read the meter to verify the quantity of asphalt emulsion applied during the day' s work. F :\Public Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04.doc Page 23 of 58 MEASUREMENT AND PAYMENT Price and payment will be full compensation for all materials , labor, coring, testing, mix design , placement compaction , traffic control , surface protection , and repair of deficient sections . Measurement of the Cold Recycled Bituminous Base Course is calculated by the square yard of the original roadway. The payment is made based on what is recycled not what is placed as the final base course by the paver . Payment shall be made under : Item No . 300- 1 - 7 — Emulsified Asphalt — Per Gallon Item No . 325 -75 — Cold Recycled Bituminous Base Course , 4" — Per Square Yard SECTION 334 SUPERPAVE ASPHALT CONCRETE A . Subarticle 334- 10 (Page 265 ) is modified by the addition of the following : Included in this payment will be tack coat and bituminous materials (Plant Mix) . No separate payment or unit price adjustments will be made for bituminous materials . B . Payment shall be made under : Item No . 334- 1L — SP - 12 . 5 Level C , Asphaltic Concrete Leveling Course ( 1 . 5 " - 2 . 5 " . ) — Ton . Item No . 334- 1S — SP - 9 - 5 Level C , Asphaltic Concrete Surface Course ( 1 ") — Ton SECTION 573 HYDRO- SEEDING A. The work specified in this Section shall consist of all materials , labor, equipment , and supervision necessary to apply a slurry of seed, fertilizer, and mulch to establish a healthy stand of grass . All sloped areas , such as berms , swales , and banks shall be grassed by hydro - seeding. FAPublic Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04.doc Page 24 of 58 B . Materials : The type and quantity of grass seed shall be as specified in Index 104 of FDOT Roadway and Traffic Design Standards and shall conform to the requirements of Section 981 of the FDOT Standard Specifications . The mulch shall be a wood cellulose fiber especially prepared for use in hydro - seeding, such as the material supplied by Terra-Mulch ( 800) 726 -6414 and shall be applied in the slurry mixture at the rates recommended by the manufacturer for the slopes being covered . The fertilizer shall conform to the requirements of Section 982 of FDOT Standard Specifications and shall be applied in the slurry mixture at a rate of 1000 pounds per acre . C . Constriction Methods The proportions of seed , mulch, and fertilizer shall be mixed with water and other appropriate components , such as lime tacking agents and growth stimulants , and be applied with equipment specifically designed for mixing and applying the slurry. The slurry shall be uniformly applied over the area being covered and provide the specified rates of application . Work shall be in accordance with the directions of the hydro -seeding equipment manufacturer, and the material supplier. D . Basis of Payment Work and incidental costs specified as being covered under this Section will be paid for at the contract unit price for the quantities satisfactorily completed and accepted. Payment shall be made under : Item No . 753 - 1 — Hydro - Seeding (Bahia) - Per Square Yard SECTION 575 SODDING A . Description : Sod for the project shall be of the variety that is common to the area and of a variety approved by the Engineer. Where sodding an area in which previously had established grass the new sod shall be of the same variety as existing (Argentina Bahia) . C . Work Included : Scope of Work : The work specified in this section consists of the establishing of a stand of grass , within the project, right-of-way, easements, and other areas indicated on the Drawings , by furnishing and placing grass sod. Also included are fertilizing, watering and maintenance as required to assure a healthy stand of grass . FAPublic Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04. doc Page 25 of 58 C . Guarantee : All sodded areas shall be guaranteed for three months after date of final acceptance . Replacement of Defective Sod : Any dead sod or sod showing ( less than 95 % of a square ) indication of probable non survival or lack of health and vigor, or which do not exhibit the characteristics to meet specifications , shall be replaced within two weeks of notice from Owner or Engineer. All replacement sod shall be furnished/installed at no additional cost to the Owner and shall be guaranteed for three months . All replacement shall meet original specifications . At the end of the guarantee period, all sod that is dead or in unsatisfactory growth shall be replaced within two weeks . D . Fertilizer: Commercial fertilizers shall comply with the state fertilizer laws . The numerical designations for fertilizer indicate the minimum percentages (respectively) of ( 1 ) total nitrogen, (2) available phosphoric acid and ( 3 ) water- soluble potash contained in the fertilizer. The chemical designation of the fertilizer shall be 16 -4- 8 . Fertilizer shall include iron , minor nutrients and trace elements . At least 50 percent of the nitrogen shall be derived from organic sources . At least 50 percent of the phosphoric acid shall be from normal super phosphate or an equivalent source which will provide a minimum of two units of sulfur. The amount of sulfur shall be indicated on the quantitative analysis card attached to each bag or other container. Contractor shall ensure 1 pound of nitrogen per 1 , 000 square feet . E . Water for Grassing : Contractor shall provide the water used in the sodding operations as necessary to meet the requirements of Article 570 - 5 and 2 . 34 .B . F . Preparation of Ground : The area over which the sod is to be placed shall be scarified or loosened to a depth and then raked smooth and free from debris . Where the soil is sufficiently loose and clean, the Owner, at his discretion, may authorize the elimination of ground preparation. G. Application of Fertilizer : Before applying fertilizer, the soil pH shall be brought to a range of 6 , 0 - 7 , 0 , Contractor shall apply two (2) applications . The initial shall be fertilizer and the second application shall be "weed and feed" . The fertilizer shall be spread uniformly over the sodded area at the rate of 436 pounds per acre , or 10 pounds per 1 , 000 square feet, by a spreading device capable of uniformly distributing the material at the specified rate . Contractor shall apply applications as per manufacturer' s specification. All tickets from bags shall be handed over to the County Inspector. FAPublic Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04 . doc Page 26 of 58 H . Placing Sod : The sod shall be placed on the prepared surface , with edges in close contact and shall be firmly and smoothly embedded by light tamping with appropriate tools . Where sodding is placed abutting paved shoulder, the contractor is to ensure that the finished sod elevation is 1 '/z " below paved shoulder. Sodding shall not be performed when weather and soil conditions are, in the Engineer' s opinion, unsuitable for proper results . I . Watering : The areas on which the sod is to be placed shall contain sufficient moisture , as determined by the Engineer, for optimum results . After being placed, the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks . Thereafter, the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days (or until final acceptance , whichever is latest) . J . Maintenance : The Contractor shall , at his expense, maintain the sodded areas in a satisfactory condition until final acceptance of the project . Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily . Replanting or repair necessary due to the Contractor' s negligence, carelessness or failure to provide routine maintenance shall be at the Contractor' s expense . The Contractor shall maintain the sodded area up to the final acceptance date as directed by the Engineer. Grass height shall not exceed 6 " without mowing. Clippings shall be removed from sidewalk . K. Article 575 -5 (Page 532) . The first two paragraphs under this Article are deleted and the following substituted : The contract unit price for sodding shall include the costs of sod, fertilizer, water, tools, equipment , labor and all other incidentals necessary. L . Payment shall be made under: Item No . : 575 - 1 - - Sodding (Bahia) - Per Square Yard SECTION 710 PAINTING TRAFFIC STRIPES A. Signing and pavement marking for traffic control shall conform to the requirements of the Standard Specifications (2000) , Manual on Uniform Traffic Control Devices , Supplemental Specifications , Roadway and Traffic Design Standards, manufacturers specifications . FAPublic Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04.doc Page 27 of 58 B . Payment for painting traffic stripes will be full compensation for all preparation, materials, application , curing and protection . Payment will be made under: Item No . 710-22 - 61 — Skip Traffic Stripe, 6 ' of 6" Yellow with 10 ' Skip (Paint) — Per Linear Foot Item No . 710-23 - 61 — Solid Traffic Stripe , 6" White ( Paint) — Per Linear Foot Item No . 710-23 - 181 — Solid Traffic Stripe, 18 " White (Paint) — Per Linear Foot Item No . 710-23 -241 — Solid Traffic Stripe, 24 " White (Paint) — Per Linear Foot Item No . 710-24-61 — Solid Traffic Stripe, 6" Yellow (Paint) — Per Linear Foot Item No . 711 -34 — Skip Traffic Stripe, 6 " Yellow (Thermo) — Linear Foot Item No . 711 - 35 - 61 — Solid Traffic Stripe, 6" White ( Thermo) — Linear Foot Item No . 711 - 36- 61 — Solid Traffic Stripe , 6 " Yellow (Thermo) — Linear Foot + + END OF SECTION + + FAPublic Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04.doc Page 28 of 58 BID FORS [ Bidder E . J . BRE ,IIE +MAN L . P . ( Bidder ' s Name ) hereafter called " CONTRACTOR " , hereby submits TO : INDIAN RIVER County Purchasing Department 2625 19th Avenue Vero Beach , Florida 32960 Project : Indian River County Bid 6080 Project Name Milling. Resurfacing and Shoulder Paviniz on CR 512 from SR 60 to Fellsmere Farms and on Oslo Road from 20`h Avenue to 27 `h Avenue Indian River County, Florida Bid: The undersigned, as CONTRACTOR, declares that he/she has reviewed the plans and specifications for the scope of the project , visited the premises to review existing conditions and has reviewed the contractual documents thereto ; and has read all special provisions furnished Prior to the opening of Bids ; that he/she has satisfied himself/herself relative to the work to be performed. The CONTRACTOR proposes and agrees, if this Bid is accepted, to contract with the County in the form of the Work in full and complete accordance with the shown, described, and reasonable intended requirements of the plans , specifications and Contract documents to the full and entire satisfaction of the County . Proposed Contract Sum for CR 512 Milling Resurfacing and Shoulder Widening From SR60 to Fellsmere Farms : Base Bid Amount of Alternate A (cold-in-place recycled base) : ONE MILLION ONE HUNDRED SEVENTY - FOUR THOUSAND FIVE ( 512174 , 560 , 00 ) Base Bid Price WrittenHUNDRED SIXTY DOLLARS AND ZERO CENTS Base Bid Amount of Alternate B : NIB ( 5 NIB Base Bid Price Written Note : Bidder may submit bid for Alternate A and/or Alternate B. Bidder is not required to submit bids for both alternatives. Award of bid will be based on best alternative that falls within the limits of the available funding. Base Bid Amount of Paint Striping : FOURTY ONE THOUSAND FOUR HUNDRED EIGHTY THREE ( 5412483 . 00 Base Bid Price Written DOLLARS AND ZERO CENTS Note: Bidder is requested to submit bid for paint striping. Award of bid will include striping if it falls within limits of available fitnding. If totalproject cost exceeds limits of funding, paint striping will be installed by Indian River County Traffic Engineering Division. Page 29 of 61 Addendum No. I Page 3 of 8 Proposed Contract Sum for Oslo Road Milling, Resurfacing, and Shoulder Widening From 20th Avenue to 27th Avenue (Includes Striping) : Base Bid Amount: ONE HUNDRED TEN THOUSAND EIGHT HUNDRED SIXTY SIX ($ 110 . 866 . 00 Base Bid Price Written DOLLARS AND ZERO CENTS Performance and Payment Bond : Cost of Performance and Payment Bond shall be included in the Base Bid Amounts listed above . Addenda : The following Addenda have been received and are included in the Base Bid : Addendum No . 1 Yes X Date 6 / 3 / 04 Addendum No . 2 Yes X Date 6 / 3 / 04 Addendum No . 3 Yes X Date 6 / 7 / 04 Addendum No . 4 Yes _ Date Time of Completion : The Work shall commence immediately upon execution of the Contract and shall be substantially complete on or before August 31 . 2004 Acceptance of Bid: The CONTRACTOR understands and agrees that the Owner reserves the right to accept or reject any or all Bids submitted within 90 calendar days from the date of the Bid opening. CONTRACTOR agrees that it will not withdraw its Bid for said period of time . Owner anticipates award of bid within thirteen calendar days from bid opening . Time : Time is of the essence . This project is funded by an FDOT Small County Outreach Program Grant. The undersigned bidder agrees, that if awarded a contract, to execute an agreement within fourteen days and provide necessary insurance forms in the same time frame . Any exception to these conditions must be noted in your Bid . Page 30 of 61 Addendum No. 1 Page 4 of 8 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 . Respectfully Submitted, E . J . BRENEMAN L . P . 1117 SNYDER ROAD Name of Firm Address BY : PHILgWAGNED CLLC , GENERAL PARTNER l WEST LAWN , PA 19609 Authorized gignature PHI IP D . WAGNER City, State, Zip Code PRESIDENT 610 ) 678 . 1913 Title Phone JUNE 89 2004 Date Signed (Corporate Seal) E -mail : operations@e.ibreneman . com Occupational License : FEIN Number: 234430672 Page 31 of 61 Addendum No. I Page 5 of 8 BID SCHEDULE CR 5ll MILLING , RESURFACING AND SHOULDER WIDENING FROM SR 60 TO FELLSLNIERE FARMS : ALTERNATE " A " [ tem No Description Quantity Unit Unit Price Total Price lot - 1 Mobilization 1 LS $ 18 , 800a00 $ 18 , 800 . 00 102 - 1 Maintenance of Traffic 1 LS $ 16 , 850 . 00 $ 16 , 850 . 00 120- 6- 1 Embankment 1 LS $ 652250w00 $ 65 , 250s00 285 -705 Optional Base Group 5 16 , 000 SY $ 4 . 55 $ 72 , 800 . 00 300- 1 - 7 Emulsified Asphalt 154,000 Gal . $ 1 . 05 $ 161 , 700 . 00 For Cold- In- Place Recycling 325 - 75 4" Cold- In- Place 88 , 000 SY $ 3 . 00 $ 264 , 000 . 00 Recycled Base (Includes Milling Exist . Asphalt 5 " Depth) 334- 1 2 " SP 12 . 5 , Level C 11 ,440 TN $ 46 . 50 $ 531 , 960 . 00 573 - 1 Hydroseed 967000 SY $ 0 . 45 $ 43 , 200 . 00 TOTAL ALTERNATE "A" $ 1 , 174 . 560 . 00 Page 32 of 61 Addendum No. 1 Page 6 of 8 CR 512 MILLING, RESURFACING AND SHOULDER WIDENING FROM SR 60 TO FELLSMERE FAR�NIS (CONTINUED ) : ALTERNATE " B " [tem No . Description Quantily Unit Unit Price Total Price 101 - 1 Mobilization 1 LS N / B 102 - 1 Maintenance of Traffic 1 LS N / B 120-6 - 1 Embankment 1 LS N / B 283 8 " RAP Shoulder 32 , 000 SY N / B 327 - 70 -4 Mill Existing Asphalt, 88 , 000 SY N / B 3 " Depth 334- 1 2V2 " SP 12 . 5 , Level C 14, 300 TN N / B 573 - 1 Hydroseed 96 , 000 SY N / B TOTAL ALTERNATE "B " N / B STRIPING Item No . Description Quantity Unit Unit Price Total Price 706- 3 Reflective Pavement 2160 EA $ 8 . 50 $ 18 , 360 . 00 Markers 710 -22 -61 Traffic Stripe Skip, 35 , 500 LF $ 0 . 20 $ 71100 . 00 6" Yellow (Paint) 710-23 - 61 Traffic Stripe Solid, 72 ,200 LF $ 0 . 18 $ 12 , 996 . 00 6" White (Paint) 710- 23 - 181 Traffic Stripe Solid, 240 LF $ 4 . 00 $ 960 . 00 18 " White (Paint) 710 -23 -241 Traffic Stripe Solid, 75 LF $ 5 . 00 $ 375 . 00 24" White (Paint) 710 -24-61 Traffic Stripe Solid, 9 ,400 LF $ 0 . 18 $ 1 ,4692000 6" Yellow (Paint) TOTAL STRIPING CR 512 $ 41 , 483900 Page 33 of 61 Addendum No. 1 Page 7 of 8 OSLO ROAD MILLING, RESURFACING AND SHOULDER WIDENING FROM 20TH AVENUE TO 27TH AVENUE , Item No . Description Quanti1y Unit Unit Price Total Price 101 - 1 Mobilization 1 LS $ 29250 . 00 $ 21250 . 00 102 - 1 Maintenance of Traffic 1 LS $ 59000e00 $ 52000900 120-6- 1 Embankment 1 LS $ 9 , 500 . 00 $ 92500 . 00 327 -70- 1 Mill Existing Asphalt, 59100 SY $ 4 . 16 $ 21 , 216 . 00 1 " Min. Depth 285 -7 5 %2 " B - 12 . 5 Shoulder 750 SY $ 20 . 15 $ 15 , 112 . 50 Base 334- 1L 1 % " SP 12 . 5 500 TN $ 56 . 25 $ 282125 . 00 Leveling, Level C 334- IS 1 " SP 9 . 5 330 TN $ 60 . 25 $ 19 , 882 . 50 Surface Course, Level C 425 -4 Adjust Inlet 1 EA $ 1 , 250 . 00 $ 13o250 . 00 (Raise Exist. Type "C ' Inlet with 12 "- 18 " precast collar) 425 - 5 Adjust Manhole 1 EA $ 425 . 00 $ 425 . 00 575 - 1 Sodding (Bahia) 2 , 600 SY $ 1 . 30 $ 3 , 380 . 00 706 -4 Reflective Pavement 400 EA $ 8 . 50 $ 31400 . 00 Markers 711 - 34 Traffic Stripe Skip , 1 , 140 LF $ 0 . 25 $ 285 . 00 6" Yellow (Thermo) 711 -35 -61 Traffic Stripe Solid, 31360 LF $ 0 . 25 $ 840 . 00 6" White (Thermo) 711 - 36 -61 Traffic Stripe Solid, 800 LF $ 0 . 25 $ 200 . 00 6" Yellow (Thermo) TOTAL OSLO ROAD $ 1109866 . 00 Page 34 of 61 Addendum No. I Page 8 of 8 BID BOND KNOW ALL MEN BY THESE PRESENTS , that we E . J . Breneman ? L . P . 1117 Snyder Road , West Lawn , PA 19609 as ( BIDDER' S NAME) Principal . and Western SuretX Com any . (SURETY' S NA .ME) a corporation duly organized under the Laws of the State of Florida as a Surety with its principal offices in the City of Sioux Fa11s , sD and authorized to do business in the State of Florida, are held and fumly bound unto IRIDIAN RIVER COUNTY (hereinafter called the 011X VER) in the penal sum of Five Percent of the Bid Amount Dollars ( S__ - - 5 % - - - - - - ) ) lawful money of the United States, amounting to 5% of the total bid price , for the payment of which sumwell and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents . Whereas said Principal is herewith submitting a Bid dated June 9 2004 for the construction of — Project Name: Milling , Resurfacing , and Shoulder Paving Bid Number: 6080 Project Address : 2625 19th Avenue , Vero Beach , FL 32960 - 3335 Project Description: Milling , Resurfacing and Shoulder Paving NOW THEREFORE, the condition of the above obligation is such chat if the Principal does not withdraw said Bid within the period of time set forth in the Bid Documents , and on or before the fifteenth day after the Notice of Award, the Principle enters into a written contract with the OWNER in accordance with the Bid as accepted, and if the Principal gives the required bonds with good and sufficient sureties for the faithful performance and proper fulfillment of such Contract and for the protection of laborers and materialmen, then this obligation shall be null and void. Otherwise, the Principal and Surety, jointly and severally, shall on or before the sixtieth day after request by the OWN-ER, payto the OWNER in money, the difference between the amount specified in said Bid and the amount for which the OWNER may procure the required work if the latter amount is greater than the krrner, together with any expense and reasonable attorney fees , including appellate proceedings , incurred by the OWNER if suit is brought hereon, but in no event shall Surety ' s liability exceed the penal sum hereof plus such expenses and attorney ' s fees . Di WITNESS 'WHEREOF, the above-bound parties have executed this instrument under their several seals this 9th day of June 20 04 the name and corporate seal of each corporate party beim hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. / M ! / ! f ! ! / a / r ! ! / ! ! ! ! / ! / a ! / ! a ■ a / / / f ! ! 1 ! ! 7 / ! a ! ! / • / / / ! / ! ! ! a ! a � ! / ! / 1 / / / / ! � f I / a ! ! ! / ! a / a ■ WHEN 1HE PRMCIPaL IS AN INDIVID114L . Signed, sealed and delivered in the presence of: Witness Signature of Individual F:'YAech:sine:Eids'k2o03 -2004 FY ( 6000)\60FO Rascrfacmg on CRj1 . Erom SR 60 to Fe113mete Farms16050 Bid bocumcncdoc Pap 35 orbl Address Printed Mame of Individual Witness Address ■ aaaa / araaaaaa / aaaaaaawawaaa ■ • aawaaaaaaaaarwrrrrrrraaa / aa / aaa / r ■ • r / / aaaaaaaaaaa / aw WHEN THE PRINCTPAL IS A SOLE PROPRIETORSHII? OR OMUTES UNDER A TRADE NAME : Signed, sealed and delivered in the presence of. Witness Name of Partnership BY : Address Partner Printed Name of Partner Witness (SEAL) Address w * a / aa ■ aa as aawaaaaaaaasawaaaa ■ aaraaaaaaaaaaaa ■ asaarwwrw / � � a / Arw ■ raa / ra \ / aaaaa a wa ■ WHEN THE PRLhCIPAL IS A PARTNERSHIP : Si&ned, sealed and �v a in presence of E . J . Breneman , L . P . witlesi MARK ROHRBACH Nam f Partnership 1117 Snyder Road West Lawn , PA 19609 By: Address szhier BY : PHILIP D . WAGNER CO . , LLC , GENERAL PARTNER PHILIP D . WAGNER , PESIDENT Printed Name of Partner Witness (SEAL) Address rrr \ r ra r / \ \ \ rr � r / ■ r / arwr • / . Aw . . . • r • • w � w Rr ar • r • r • • \ • rr / � \ a rt • r1, w / a • • r • / • ■ \ r / aa • aaa ■ F:lfurclt..cingiBids+.003-.00a FY (600CYN6080 Resurfacing on CR512 Czvm SR 60 to Fellsr"cm Farms\6080 Bid DOcumon[,dOC Pap, 36 of 61 WHEN THE PRINCIPAL IS A CORPORATION : Attest: Secretary Name of Corporation BY: (Affix Corporate SEAL) Printed dame Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL I certify that I am the Secretary of the corporation named as Principal in the within bond; that who sued the said bond on behalf of the Prieipal was then of said corporation: that I lmow his signature, and his signature thereto is genuine ; and that said Bond was duly signed, sealed and attested for and on behalf of Said corporation by authority of Its governing body. Secretary ( SEAL) iaeaa � � aruaa � � � raaaa asaai � � ■ ■ a ■ ■ a � � a � a � aaaa ■ ■ ■ ■ a � a � aaaaaaa � a ■ a ■ ■ ■ a ■ ■ s ■ aaaaaa ■ a ■ a ■ 'I O BE EXECUTED BY CORPORATE SURETY : est: '( Western Surety Company Secretary Corp rate Surety Sandra L . Readinger , Witness P . O . Bo 6077 , Sioux Falls SD 57117 %siness Addrep BY: CC (Affix Corpora AL) (Attach Power of Attorney) Susan C . Klein Attorney -In-Fact Engle - Hambright & Davies , Inc . Name of Local Agency One Granite Point Drive , Suite 350 Wyomissing , PA 19610 Businuss Address FAPurchasinpBids`.2003-:004 FY i6o0olN6o80 p=urfaeine on CF` 13 from SR 60 m Feibrnm Farnv\6080 Bid DQrUMetl[.&X Pyre "7 of 61 STATE OF 5WIMDX PENNSYLVANIA COUNTY OFMWx BERKS Before me , a ;Votary Public , duly commissioned, qualified and actino, personally appeared Susan C . Klein to me well known, who being by me first duly sworn oath, says that he is the attorney- in- fact for the surety Company- and that he has been authorized by Western Surety Company to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida, Subscribed and sworn to before me this 9th day of June 20 04 Nota tSW �� Q • M&*M A Bmei6, Notary Pubk WyomisftBm, BeftCourriy Notary Public, State of95 Pennsylvania nny Corrunission Expires Nov. 18, 2006 My Commission Expires : mwber, Penns*arO Association or Notaries Any claims under this bond shall be addressed to : Name and address of Surety Western Surety Company 101 South Phillips Avenue P . O . Box 5077 Sioux Falls , SD 57117 - 5077 Name and address of agent or representative in Florida if different f rn above: Mark A . Coolbaugh 2600 Lucien Way Maitland FL 32794 Telephone number of Surety and agent or representative in Florida: (".jg�7j 919 = 2263 F:'• P�r. ssing\Bid5�003 X004 FY (6000)\6080 Resurfa:ins oq CR_t l � 1 = SR 60 to Fellamue Farms\6080 Bid Document.doe pie J8 of 61 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY=IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby snake, constitute and appoint Susan C Klein, Timothy E Koenig, R Scott Miller, Jon K Miles, Anthony Garro, Debra Huber, Ellen Hafer, Individually of Wyomissing, PA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 19th day of April, 2004 . WESTERN SURETY COMPANY Er}C !+ o tilifiO*VO� '�.'Sb23. Paul . % 1flat, Senior Vice President State of South Dakota ss County of Minnehaha On this 19th day of April, 2004, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal ; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + D. KRELL + November 30, 2006i NOTARY PUBLIC SE i RR�� SOUTH DAKOTAc i ♦ ti�rtiwati�titirtitititititirtititititi Well , ry Public CERTIFICATE 1, L. Nelson , Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this Stn _ day of June 2004 WESTERN SURETY COMPANY 4.4A 0 qsk Yt t = *6�_St Avg P • L. Nelson , Assistant Secretary Form F4280-01 -02 AFFIDAVIT OF COMPLIANCE Indian River County Bid # 6080 for Milling and Resurfacing of CR 512 We DO NOT take exception to the Bid / Specifications . ❑ We TAKE exception to the Bid / Specifications as follows : Company Name : E . J . BRENEMAN L . P . Company Address : 1117 SNYDER ROAD WEST LAWN , PA 19609 Telephone Number: 610 - 678 - 1913 Fax : 610 - 678 - 9691 E-mail : operations@ejbreneman . com BY : PHILIP D . WAGNER CO . , LLC , GENERAL PARTNER Authorized Signature : t Date : 6 / 8 / 04 Name : PHILIP D . WAGNER Title : PRESIDENT (Typed / Printed) F:\Purchasing\Bids\2003-2004 FY (6000)\6080 Resurfacing on CR512 from SR 60 to Fcllsmerc Farms\6080 Bid Document . doc Page 39 of 61 SWORN STATEMENT UNDER SECTION 287,133 (3) (n), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1 . This sworn statement is submitted with Bid, Proposal or Contract No . 6080 for INDIAN RIVER COUNTY This sworn statement is submitted by E . J . B REN EMAN L . P . whose business address is 1117 SNYDER ROAD , WEST LAWN , PA 19609 and (if applicable) its Federal Identification No . (FEIN) is 234430672 . If entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3 . My name is PHILIP D . WAGNER and my relationship to the entity named above is PARTNER 4 . I understand that a "public entity crime" as defined in Paragraph 287 .I33 ( 1 )(g) , Florida Statutes , 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 or contract for goods or services to be provided to any public entity or an agency or political subdivision of any state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentations . 5 . I understand that "convicted" or "conviction" as defined in Paragraph 287 .I33 ( 1 ) (b) , Florida Statutes , means a finding of guilt or a conviction of a public entity crime , with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1 , 1989 , as a result of a jury verdict, non jury trail, or entry of a plea of guilty or nolo contendere . 6 1 understand that an "affiliate" as defined in Paragraph 287 .133 ( 1 )(a) , Florida Statutes, means : a. A predecessor or successor of a person convicted of a public entity crime ; or b . An entity under control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime . The term "affiliate" includes those officers , directors , executives, partners, shareholders , and employees, members , and agents who are active in the management of an affiliate . The Ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm ' s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate . F:\Purchasing\Bids\2003 -2004 FY (6000)\6080 Resurfacing on CR512 from SR 60 to Fellsmerc Fauns\6080 Bid Document. doc Page 40 of 61 7 . I understand that a "person" as defined in Paragraph 287 . I33 ( 1 )(c) , Florida Statutes, means any natural person or entity organized under the laws of any state of the United States with legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives , partners, shareholders , and employees, members and agents who are active in management of an entity. 8 . 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, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1 , 1989 . 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, or an affiliate of the entity has been charged with, and convicted of, a public entity crime subsequent to July 1 , 1989 , and (Please indicated which additional statement applies) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings . The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings . The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order) The person or affiliate has not been place on the convicted vendor list. (Please describe any action taken by, or pending with, the Department of General Services) BY : I . D . ACNE CO . , LLC , GENERAL PARTNER Signature : �- l �— Date : 6 / 8 / 04 PHI P D WAGNER , PESIDENT STATE OF COUNTY OF Personally appeared before me , the undersigned authority, � �, ► 1 ; � D , uagnef� who after firsting sworn by me, affixed his / her signature in the space provided above on this - day of �. -rr , 20.. �±--�, NOTARIAL SEAL Notary Public , State t1arge ROSEMAP, y SOIgOTOR, Notary Public Spring Twp ., Berks County, PA My Commission Expires : My Commission Expires 7. 15-2007 F :\Purchasing\Bids\2003 -2004 FY ( 6000)\6080 Resurfacing on CR512 from SR 60 to Fellsmere Farms\6080 Bid Document . doc Page 41 of 61 SWORN STATEMENT UNDER SECTION 105 . 08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1 . This sworn statement is submitted with Bid, Proposal or Contract No . 6080 for INDIAN RIVER COUNTY 2 . This sworn statement is submitted by : E . J . BRENEMAN L . P . (Name of entity submitting Statement) whose business address is : 1117 SNYDER ROAD , WEST LAWN , PA 19609 and (if applicable) its Federal Employer Identification Number (FEIN) is 234430672 (If the entityhas no FEIN, include the Social Security Number of the individual signing this sworn statement . ) 3 . My name is PHILIP D . WAGNER (Please print name of individual signing) and my relationship to the entity named above is PARTNER 4 . I understand that an "affiliate" as defined in Section 105 . 08 , Indian River County Code, means : The term "affiliate" includes those officers, directors, executives , partners, shareholders, employees, members , and agents who are active in the management of the entity. 5 . I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows : Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 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 . ] �_ Neither the entity submitting this sworn statement, nor any officers , directors , executives , partners, shareholders , employees , members, or agents who are active in management of the entity, have any relationships as defined in section 105 . 08 , Indian River County Code, with any County Commissioner or County employee . The entity submitting this sworn statement, or one or more of the officers , directors , executives , partners , shareholders , employees , members, or agents , who are active in management of the entity have the following relationships with a County Commissioner or County employee : FP.Purchasing\Bids\2003 -2004 FY (6000)\6080 Resurfacing on CR512 from SR 60 to Felismere Farms\6080 Bid Documcnt.doc Page 42 of 61 Name of Affiliate Name of County Commissioner Relationship or entity or employee BY : P IP D . W NER 0 . , LLC , GENERAL PARTNE or ( Signature) PHILIP D . WAGNER , PRESIDENT 6 / 8 / 04 (Date) STATE OF PENNSYLVANIA COUNTY OF BERKS The foregoing instrument was acknowledged before me this b day of �y '� , 20. by who is personally known to me or who has produced as identification. NOTARY PUBLIC SIGN: ^''�'� ' PRINT : RDSCmoLrj Sc bG -t- c f State of Florida at Large My Commission Expires : (Seal) NOTARIAL SEAL ROSEMARY SOBOTOR, Notary Public Spring Twp., Berks County, PA MY Commission Expires 7.15-2007 FAPurchasing\Bids\2003 -2004 FY (6000)\6080 Resurfacing on CR512 from SR 60 to Fellsmere Farms\6080 Bid Document.doc Page 43 of 61 BIDDER QUESTIONNAIRE The undersigned guarantees the truth and accuracy of all statements and answers herein contained: Indian River County Bid # 6080 for MILLING , RESURFACING AND SHOULDER PAVING ON CR512 1. How many years has your organization been in the business? 63 YEARS 2 . Number of employees " ON THE JOB " each week? 18 3 . Will you subcontract any part of this work? If so, give details : BITUMINOUS SURFACE COURSES , AND HYDROSEEDING TO BE PERFORMED BY OTHERS UNDER OUR SUPERVISION . 4 . List three (3 ) references of individuals or corporations for which you have performed this type work and to which your refer: 1) Firm COUNTY OF ORANGE , FL Phone # (A2.7 ) 836 - 5647 Contact CARL LANDON 2) Firm CITY OF TAMPA , FL Phone # 8( 13 ) 622 - 1948 Contact KEN HOLTON 3 ) Firm AVCON Phone # ( 407 ) 599 - 1122 Contact WES TEEL 4) Firm Phone # ( ) - Contact 5 . Have you ever failed to complete work awarded to you : ❑ Yes ® No if so, where and why? 6 . What equipment do you own that is available for the work? SEE ATTACHED 7 . State the true, exact, correct and complete name of the partnership, corporation, or trade name under which you do business and the address of the place of business : Correct Name of Bidder: E . J . BRENEMAN L . P . Address : 1117 SNYDER ROAD , WEST LAWN , PA 19609 F:\Purchasing\Bids\2003 -2004 FY (6000)\6080 Resurfacing on CR512 from SR 60 to Fellsmcre Farms\6080 Bid Document.doc Page 44 of 61 E. 7 . BRENEMAN, L. P. EQUIPMENT REFERENCE EQUIPMENT AVAILABLE FOR COLD IN -PLACE RECYCLE PROJECTS EQUIPMENT # DESCRIPTION 1724 MELROE 863H SKID STEER LOADER (owned) 2408 HUBER CM 4350 GRADER (owned) 2412 HUBER M 850 GRADER (owned) 2029 INGERSOLL RAND ROLLER (owned) 2112 DYNAPAC PNEUMATIC 27 TON ROLLER (owned) 2725 BARBER GREEN TRACK PAVER 265 (owned) 2733 CAT PAVER (leased) 5406 BARTMILL 150C MILL WITH CONVEYOR (owned) 5409 BARTMILL 150C (owned) 5410 ROADTEC MILL (leased ) 3010 INTERNATIONAL TRACTOR (owned) 3011 FREIGHTLINER TRACTOR (owned) 3157 FORD WATER TRUCK (owned) 3159 GMC WATER TRUCK (owned) 3194 WESTERN STAR DISTRIBUTOR TRUCK (owned) 3195 FORD DUMP TRUCK (owned) 3224 TRAILER (owned) 3225 TAG ALONG TRAILER (owned ) 3229 TRAIL KING TRAILER (owned) 3245 ROGERS 40 TON SLOPER (owned ) 3248 ETNYRE ASPHALT TANKER (owned) 3249 WELLS CARGO TOOL TRAILER (owned) 3255 STORAGE TRAILER (owned ) 3256 ETNYRE ASPHALT TANKER (owned ) 3259 WELLS CARGO TOOL TRAILER (owned) 5214 MOBILE CORING MACHINE (owned) 5016 AIR COMPRESSOR ( owned) 7612 ROTARY BROOM (owned ) 1556821 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN RIVER CO FL , BK : 1753 PG : 1890 , 07 / 01 / 2004 10 : 54 AM PERFORMANCE BOND Know all men by these presents: By This Bond, we ' E . J . Breneman , L . P . , 1117 Snyder Road , West Lawn , PA 19609 (Insert name, principal business address, and telephone number of PdncipaUConitactor) as Principal (contractor) and Western Surety Company , P . O . Box 5077 , Sioux Falls SD 57117 (Insert name, principal business, and telephone number of Surety) a corporation, as Surety, are held and firmly bound unto the County of Indian River, Florida, 1840 25" Street, Vero Beach, Florida 32960, ((772) 567-8000), in the sum of one Million Six Hundred Six Thousand Four Hundred Fifty-One and Twenty-Five�DOE� $_ 1 , 606 . 451 . 25 ---- - -- ), (Written Amount) (Numeric Amount) amounting to 1250 of the total bid price. For payment of said sum we bind ourselves, our heirs, executors, administrations and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the 22nd day of June 2004 entered into between the Principal and the County of Indian River, for. Bond Number: 929329901 Project Name: Milling , Resurfacing and Shoulder Paving on CR 512 Bid Number. 6080 Project Address: CR 512 from SR 60 to Fellsmere Farms and on Oslo Rd . from 20th Avenue to 27th Avenue ProjeCt Description: Milling , Re surfacing and Shoulder Paving . on CR 512 A copy of said Contract is incorporated herein by reference and is made a part hereof as hilly copied herein, Now, Therefore, The Condition of this obligation are such, that if the PrincipaI shall in an respects comply with the terms and conditions of said Contract and its obligations thereunder, including all of the Contract Documents therein referred to and made a part thereof, and such alterations as may be made in the Contract Drawings and Specifications as therein provided for, and shall indemnify and save harmless the County of Indian River against and from all expenses, damages, injury or conduct, avant of care of skill, negligence or default, including patent infringement on the part of the Principal, his agents or employees, in the execution or performance of said Contract, including errors in the Drawings furnished by the Principal, and further, if the Principal shall promptly make payments to all Who supply him with labor and/or materials used directly or in&mctly by the Principal in the Prosecution Gf the Work provided for in said Contract, then this obligation shall be null and void; otherwise, the Principal and Surety, jointly and severally, agree to pay the County of Indian River and difference between the sum6that the County of Indian River may be obliged to pay for the completion of said Wokk, by contract or otherwise, and any damages, whether direct, indirect, or consequential, including reasonable attorney's fee (including appellate proceedings), which the County of Indian River may incur as a result of the failure of the Principal to properly execute all of the provisions of the Contract F:IPmhuboBida=03-2004 FY C600DMM Ram&cins m CRSr2 [nom SR 60 m Fwks Fx=W a0 Hid DommrnRdce Pane 46 er6l A TME COPT CERTIFICATION ON LAST PAGE J. K BARTON, CLERK BK : 1753 PG : 1891 And, ' the said principal and Surety hereby further bind themselves, their successors, executors, administrators and assigns, jointly and severally, that they will amply and fully protect the County of Indian River against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same, or his agents or his servants, or the infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise. And, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performeed thereunder, or the Specifications or Drawings accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications or Drawings. And, the said Principal and Suretyjointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Final Completion as established in the Certificate of Final Completion as issued by the County of Indian River. In Witness Whereof, the above bound parties executed this instrument under their several seals, this 24th day of June 20.11,, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing bod rauar . . r. ra . . a ■ ■ gas laso sang so n aairvill r a span npnaa ■ soon Re pups naauaarr . rr . arrarr . a When the Principal is and Individual: Signed, sealed and delivered in the presence of: Witness Signature of Individual Address Printed Name of Individual Address Printed Name of Individual Witness Address asp . • paarsnasoarrs • soaauuuas . as • asor . • psoasaaap u . ru apo . anaapsouau nsa p ■ ■ sou P-6ft hU'n 9idt12009-2004 FY COMM Ramladne an CPJ12 ftoa SR 60 to flan Faimd60W Sid Doeom Ldoe Paha 47 of 61 A TRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTON, CLERK BK : 1753 PG : 1892 When the Principal is a Sole Proprietorship or otxrated nndrr T. me6N#L^: Sided, sealed and delivered in the presence of: Witness Name of Partnership By: Address Pier Witless printed Name of Partner Address (S1) • r wwruwaurruw ■ ■ wuruww • ■ ww . ■ w ■ • wwuwaw • . wwuwruuuawwwwawuuwuarr • wwwwwwa • When the bin qjRal is fl parmershiD: Signe` s/eealed and delivered in the presence of: .�I 4�I E . J . Breneman , L . P . Virity4ess Name of Partn�rsshi��11 Madeline J . Caroselli , Contract Admin . BY : Thomas D . ons d Ca . , LLC , General Partner 1117 Snyder Road , West Lawn , PA 19609 By, f e Address Palet Thomas D . Donald , President Witness Printed Name of Partner Address (Seal) . . . urw a w ■ • r . r . . . . . . . . . ■ . . rasa rrrrw . . a . a • w • ■ r • ■ u r . . a . . . . rarww a urwwrrrraaw . r . When the Principal is a Corporatiow Attest: Secretary Name of Corporation By: (Affix Corporate Seal) Printed Name Official ZItle P\P=ftH 901 a\2oo1-2006 FY (6000)16060 Read a6 m CR512 flmm SR 60 to FeOsm= r uw\6060 Hid Denmmcdw F4P16o[61 A TRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTON , CLERK BK : 1753 PG : 1893 Certifir�ate as to Co =wx PriaciDal I certify that I am the Secretary of the corporation named as Principal in the within bond; the who signed the said bond on behalf of the Principal was then of said Corporation; that I know his signature, and his signature thereto is genuine; and that said Bond was dully signed, sealed and attested for and on behalf of said Corporation by authority of its governing body. (Seal) Secretary To be executed. by C=orate Surety: t: • Western Surety Company SecreSandra L , Readinger , Witn s P . O . Box�50777eSutEty 101 South Phillips Avenue Sioux Falls , SD 57117 - 5077 >Biness Addres By '.CA (Affix Corpotata 569y` Y Susan C . Klein 0 Attorney In-Fact F77 7 �` Engle-Hambright & Davies , Yid4" " " Name of Local Agency one Granite Point Drive , Suite 350 Wyomissing , PA 19610 Business Address State of Pennsylvania County of Berks Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Susan C , Klein , to me well known, who being by me first duly sworn upon oath, says that he is the attorney-in fact for the western Surety Company and that he has been authorized by western surety Company to execute the foregoing bond on behalf of the Contractor named therein in favor of the County of Indian River, Florida. Subscribed and sworn before me this 24th I.. t day of June /j 2004 * 1000"{g.tat0Y � Notary Public, State of Pennsylvania ` + Nottal Seal OW'tri i LZ iartrression F pirn Nov. 18, 2008 P.WdMbmiUZ\9idM2000-2004 FY (60MY40l0 Rhe w �.RSifa,80n0i 60 to f No�Aae Pqe M of61 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK : 1753 PG : 1894 Wegem Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duty organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and am] herein affixed hereby snake, constitute and appoint Susan C Klein, Timothy E Koenig, R Scott Miller, Jon K Miles, Anthony Garro, Debra Huber, Ellen Hafer, Individually of Wyomissing, PA, its true and lawful Attomey(s)-in•Faer with full power and authority haft conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory inawmeus of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Itw printed on the teverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Via President and its corporate seal to be hereto affixed on this 19th day of April, 2004. WESTERN SURETY COMPANY Paul rBruflat, Senior Vice President State of South Dakota i ss County of Minnehatrs J On this 19th day of April, 2004, before me personally came Paul T. Bmflat, to the known, who, being by me duly swam, did depose end say: that he resides in the City of Sioux Fills, State of South Dakota; that he is the Senior Via President of WESTERN SURETY COMPANY described in and which executed the above instrument; that be knows the seal of said corporation; that the sal affixed to the said instrument is such corporate sed; that it was so affixed pursuant to authority given by the Board of Daectors of said corporation and that he signed his now thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires ;rrrrrrrrrrrrrrrrrrrrwrr + D. KRELL , November 30, 2006 + NOW11f PUBLIC( a %% %% + Aa �rrrrrrrrrr►rrrrrrr D. Krell, No Public it CERTIFICATE 1, L Nelson, Assistant Secretary of WESTE.W# 166UP kAY do hereby certify that the Power of Attorney hereinabove sat forth is still in fora, and further certify that the By- of p�rµmatwrt ,pxplQed oh the feYeise hereof is still in furca In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said a 24th . 'day of June 2004 WESTERN SURETY COMPANY f( . i lson, Assistant Secretary A TRUE COPY CERTIFICATION ON LAST PAGE J. K. BARTONr CLERK BK : 1753 PG : 1895 Authorb ft By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Via President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. A TRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTON, CLERK BK : 1753 PG : 1896 PAYMENT BOND Know all men by these presents: By This Bond, we E . J . Breneman , L . P . , 1117 Snyder Road , West Lawn , PA 19609 (Innen name, principal business address, and telephone number of Principal/Conawwr) as Principal (Contractor) and Western Surety Company , P . O . Box 5077 , Sioux Falls SD 57117 (Insert name, principal busiaess, and telephone number of Surety) a corporation, as Surety, are hold and firmly bound unto the County of Indian River, Florida, 1840 25d' Sheet, Vero Beach, Florida 32960, ((772) 567-8000), in the sum of one Million Two Hundred -Eighty-Five Thousand One Hundred Sixty-One Dollars ($ 1 , 285 , 161 . 00---- ) (written Amount) (Numeric Amount) amounting to 10075 of the total bid price. For payment of said sum we bind ourselves, our heirs, executors, administrations and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the 22nd day of June 2004 entered into between the Principal and the County of Indian River, for: Bond Number. 929329901 Project Name: Milling . Resurfacing and Shoulder Paving on CR 512 Bid Number: 6080 Project AddreSS : CR 512 from SR 60 to Fellsmere Farms and on Oslo Rd . From 20th Avenue to 27th Avenue Project Description: Milling , Resurfacing and Shoulder Paving on CR 512 A copy of said Contract is incorporated herein by reference and is made a part hereof as fully copied herein. Now , Therefore, the Conditions of this Obligation are such, that, if the Principal shall promptly make payments to all claimants, as heneln below defined, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions: A claimant is defined as any person supplying the Principal with labor, material or supplies, used directly or indirectly by the Principal or any subcontractor in the prosecution of the Work provided . for in said Contract, and is further defined in Section 713 .01 of the Florida Statutes. The provisions of Section 2155.05 Florida Statutes shall apply. The above name Principal and Surety hereby jointly and severally agree with the County of Indian River that every claimant as herein defined, who has not bee paid in full before the expiration of a period of ninety (90) days after performance of the labor or after complete delivery of materials and supplies by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sums or sums as may be justly due claimant, and have execution thereon. The County of Indian River shall not be liable for the payment of any costs or expenses of any such suit. No suit or action shall be commenced hereunder by any claimant F:\PmcOasfm"tds120M.2006 Py (6000)\6080 Raurtuft ori CR512 ffom SR 60 to Faasm n Faems%M Bid Docvmmtdx Priya 50 of 61 A TRUE COPY CERTIFICATION ON LAST PAGE JX BARTON , CLERK BK : 1753 PG : 1897 Unless claimant, other than one having direct contract with the Principal, shall within forty-five (45) days after beginning to furnish labor, materials or supplies for the prosecution of the work, furnish the Principal and Surety with a notice that he intends to look to this Bond for protection. Unless claimant, other than one having direct contract with the Principal, shall within ninety (90) days after such claimant's performance of the labor or complete delivery of materials or supplies, deliver to the Principal and Surety written notice of the performance of such labor or delivery of such materials or supplies and the nonpayment therefore. After the expiration of one (1) year from the performance of the labor or completion of delivery of the materials or supplies; it being understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction hereof, such limitations shall be deemed to be amended, so as to be equal to the minimum period of limitation permitted by such Iaw. Other then in a state court of competent jurisdiction in and for Indian River County, Florida, or in the United States District Court for the Southern District of Florida, and not elsewhere. The Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or to the Specifications applicable thereto, shall in any way affect its obligations on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to do the work or to the Specifications. The Surety represents and warrants to the County of Indian River that it has a Best' s Key Rating Guide, General Policyholder's rating of "A" and Financial Size Category of Class '7C3 . The Principal and Surety jointly and severally covenant and agree that this Bond Will remain in full force and effect for a period of one (1) year commencing on the date of Final Completion as established on the Certificate of Final Completion as issued by the County of Indian River. The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses, damages, expenses, costs, and attorney' s fees, including appellate proceedings that the County of Indian River sustains because of a default by the Principal under the Contract. F:Uh=W ing%Bidsl"2M-2004 FY (600D)16010 Rewt9ti q m CR512 fivm SR 60 to Fsasm a FumMno Bid D6e m...,dx FY's Sl uf61 A TRUE COPY CERTIFICATION ON LAST PAGE 1 . K. BARTON , CLERK BK : 1753 PG : 1898 In Witness Whereof, the above bound parties executed this instrument under their several seals, this day of 20_, the name and corporate sea! of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. When the Principal is and Individual : Signed, sealed and delivered in the presence of: Witness Signature of Individual Address Pruned Name of Individual Address Printed Name of Individual Witness Address ■ ■ a ■ ■ ■ . ■ ■ ■ r ■ ■ ■ ••r ■ ur ■ ■ rrww ■ ■ ■ ■ ■ . ■ ■ rr ■ ■ rr . ■ ■ ■ ■ ■ ■ ur ■ ■ ■ ■ ■ • ■ rr ■ r ■ ■ rr ■ ■ . ■ r ■ r ■ ■ ■ u . u ■ When the Edam is-a Sole Propdetorshiy or opmted under a Trade Name: Signed, sealed and delivered in the presence of: Witness Nance of Partnership By Address Partner Witness Printed Name of Partner ■ ■ ■ rrrAddress r . . rww ■ wwrwwww wwwww ■ ■ ■ ■ ■ ■ ■ . . w ■ . ra ■ ■.■ ■ ■ ■ w (SeW)■ rrr \ f ■ lrfrr ■ . ■ ■ ■ w ■ ■ ■ ■ ■ P:\PmcbsdnPidsMM-M" PY t6000rhM 1Wu&duffcn CR5128+m sR 60 tnFbnme ftImMM Bid Docmmam Pws2d61 A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK BK : 1753 PG : 1899 WhW tile Principal is a Partnership: Signed, sealed and delivered in the presence of: E . J . Breneman , L . P . Witness Name of Parteg D Madeine J . Car selli , Contract Admin . By ; Thomas D . nald0 . LLC General Partner 1117 Snyder Road , West Lawn , PA 19609 Bar Address Partner Thomas D . Donald , President Witness Printed Name of Partner Address (Seal) ■ ■ ■ ■ ■ urrr ■ • . ■ ■ ■ urr ■ rrr . ■ . ■ ■ ■ . ■ ■ . ■ ■ aaaaaur ■ ■ ■ araeaara . . . aaraauuaararr . . . ■ u ■ ■ . When the Principalis a Corporation: Attest: Secretary Name of Corporation Br• (Affix Corporate Sea]) Printed Name Of cial Title Certificate as to Corporate PrinWA I certify that I am the Secretary of the. corporation named as Principal in the within bond; the , who signed the said bond on behalf of the Principal was then of said Corporation; that I know his signature, and his signature thereto is genuine, and that said Bond was duly signed, sealed and attested for and on behalf of said Corporation by authority of ita governing body. (Seal) Secretary PAPmvhafi "td9UI% MU M (600MVM Rmafx i 4 on CR512 $om SR 60 to Peusmm Famu%ffio SM Dmwemdoe Page 53 of 61 A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK BK : 1753 PG : 1900 ex c ted rate Surety: bs[: Western Surety Company Secretary Corporate Surety Sandra L . Readinger , Witness P , O . BOx 5077 101 South Phillips Avenue Sioux Falls , SD 57117 - 5077 i7Str18B3 �1 8 r By: (Affix Corpo Seib}). - Susan C . Klein Attorney-In-Fact ; ' Q� Engle-Hambright & Davies , rnc ,; e Name of Local Agency One Granite Point Drive Wyomissing , PA 19610 Business Address Staff of Pennsylvania County of Berks Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Susan C . Klein , to me well known, who being by me first duly sworn upon oath. Says that he is the attorney-in fact for the Western Surety Company and that he bas been authorized by western Surety Company to execute the foregoing bond on behalf of the Contractor named therein in favor of the County of Indian River, Florida. Subscribed and sworn before we this 24th day of June04 Notary Public, State Of Pennsylvania My oulmeask seg Wyamestng Bore\ Beft cowty W 0M nis M Expires Nov. 18, 2006 MM*w* Pemrrybxre Amade6on OrNaM • s 01 . F:\Purchum61B1dsVA03-2004 Fy (6000)N60OO RRe wfldda on C 8512 Lem SR 60 w FbUl Pxr=* b0 91d Daammcd0c P"D54 of 61 A TRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTON , CLERK BK : 1753 PG : 1901 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002 . we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies ") as surety or insurer : Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen' s Insurance Company of Newark, NJ , and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($ 0 . 00) . DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible . Forth F7310 MAN RNER COIF THIS IS TO CERTfF11 THAT" R A TPM AND OOPAEOT COPY OF THIS ORIGIINALCNFU � pEPltiY CLEW . . . . . . . . . . . . . . .: . . . . . . ........ . . . :: ::: :i ;;. ':;;:;:::: :: :': > :i:::h::i:.:.::.: ::: : . .. ..... . ....... ..... :::i:::::::' : ;:' :::: �`. .`'.�. ::+:;;.;,.;:::,:::: :.::: .: ' ::'.`.':::: .::`.::::':::i::: '::;:::"':i; ;;" . . .. . . :. :: :. > ... . . .. .. .. ... :iii:. .. .. .: ... ... ... .. .. ... : :: :: :. .. ... : :: :: :: :::: DATE M/DD/Y r .::akJ. .: 1 �xt.r .:::::::::::::::. ::::::::::::::::::::::::::. :::::::::::::::::::::. _ _ . .. . .. . .. .. .. 6 /2504... . . . !.. ...:....' i'%' ... ..:.. .. .i:Eiiiiiiiiiii?i:iiiiiiiiiiiiiiiiiii:iii:4......:.... 4:[i:::[isj�] : iiiiiiiii}i}i}is6:iaiai::a C^: 5: % : 5?1?):C :Si}:Oil: l %'%'! %':'i:ci`% %'% : . . . . . . . . . . . . . PROL CER 800-438-2525 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Engle- Hambright & Davies , Inc . DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. One Granite Point Dr . , Ste . 350 COMPANIES AFFORDING COVERAGE COMPANY Wyomissing , PA 19610 A Travelers Property Casualty INSURED COMPANY B The PMA Group E J Breneman L . P . COMPANY 1117 Snyder Road C COMPANY West Lawn PA 19609 D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. CO TR TYPE OF INSURANCE POLICY NUMBER POLICY EFF. POLICY EXP. LIMITS L DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE 2000000 A COMM. GENERAL LIABILITY DTCO279D8957 1 /01 /04 1 /01 /05 PROD-COMP/OP AGG. 1000000 CLAIMS MADE OCCUR PERS. & ADV. INJURY 1000000 OWNER'S & CONTRACT'S PROT EACH OCCURRENCE 1000000 X Per Prol . Agg FIRE DAMAGE(One Fire) 1100000 MED EXP(Any one person) 10000 AUTOMOBILE LIABILITY COMBINED SINGLE A X ANY AUTO 810279D8945 1 /01 /04 1 /01 /05 LIMIT 1000000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY-EA ACCIDENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURRENCE 15000000 A X UMBRELLA FORM CUP279D8969 1 /01 /04 1 /01 /05 AGGREGATE 15000000 OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND X STATUTORY LIMITS EMPLOYERS' LIABILITY B 20040309856 1 /01 /04 1 /01 /05 EACH ACCIDENT 1000000. . . . . THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE DISEASE-POLICY LIMIT 1000000 OFFICERS ARE: EXCL DISEASE-EACH EMPL. 1000000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS INDIAN RIVER COUNTY IS INCLUDED AS AN ADDITIONAL INSURED WHEN REQUIRED BY A WRITTEN AGREEMENT OR CONTRACT WITH THE INSURED . BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF THE INSURED ' S WORK FOR THIS PROJECT . RE : MILLING , RESURFACING AND SHOULDER PAVING ON CR 512 ( CON ' T) NC i ? . . . . . . . . . . . . . . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE INDIAN RIVER COUNTY EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 1840 25TH STREET LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR VERO BEACH FLORIDA 32960 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE FM ': : . :: ::::::i:::::: :::: ::: ':: ::i::: ::: s�?: :: ::: :: :: : :: .: :: .. .... :: :; :::::: :::: :: : :: :; :;:;: :::::: ::::i::::::i::::::i::::::i':;:i :::::: : : ::: ?: :: ::i::i:::: :::: ::::i::: :::: :::i ::: :: :: :: :i i::: : ;: .: . ;. ;. c1r . . IiI . S .S. . 3f�3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . FROM SR 60 TO FELLSMERE FARMS AND ON OSLO ROAD FROM 20TH AVENUE TO 27TH AVENUE . AGREEMENT This Agreement made and entered into this day of , 20 , by and between E . J . BRENEMAN , L . P . , 1117 SNYDER ROAD WEST LAWN PA 19609- 1100 hereinafter called the Contractor and Indian River County herein called the Owner. Witnessed : That whereas , the Owner and the Contractor for the consideration hereinafter named , agree as set forth below : Article 1 . Scope of Work As per specifications of advertised and sealed bid in Indian River County Bid # 6080 / MILLING, RESURFACING & SHOULDER WIDENING OF CR 512 FROM SR 60 TO FELLSMERE FARMS & OSLO ROAD FROM 20`h AVENUE TO 27 "' AVENUE Contractor, as an independent Contractor and not as an employee, shall furnish , for the sum of ONE MILLION THREE HUNDRED TWENTY SIX THOUSAND NINE HUNDRED & NINE DOLLARS ( $ 12326 , 909 . 00 ) , all of the necessary labor, material , and equipment to perform the work described in accordance with the Contract Documents . Article 2 . Time of Completion PROJECT MUST BE COMPLETE BY AUGUST 31 2004 TO MEET SMALL COUNTY OUTREACH PROGRAM AGREEMENT Article 3 . General The Contractor hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made ; and shall complete the same the time limit specified herein in accordance with the plans and specifications . The Owner and Contractor agree to maintain records , invoices , and payments for the work . The Contractor shall provide Performance and Payment Bonds for all work in this Agreement . All work under this Contract shall be done to the satisfaction of the Owner, who shall in all cases determine the amount, quality, fitness , and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the Contractor, and his decision thereon shall be final and conclusive ; and such determination and decision, in case ay question shall arise , shall be a condition precedent to the right of the Contractor to receive any money hereunder. Any clause or section of this contract or specification which may for any reason be declared invalid by a court or competent jurisdiction, including appeal , if any, may be eliminated therefrom ; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein . Article 4 . Quantities and Prices The Owner shall pay the Contractor for all work included and completed in accordance with this Contract , based on the items of work set forth in the Contractor ' s Bid Form . FAPublic Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 . 04. doc Page 55 of 61 Article 5 . Acceptance and Final Payment When the work provided for under this contract has been completed , in accordance with the terms thereof, that a lump sum payment request in the amount of such work shall be prepared by the Contractor, and filed with the Owner within fifteen ( 15 ) days after the date of completion . The final estimate shall be accompanied by a Certificate of Acceptance issued by the Engineer, stating that the work has been completed to his satisfaction , in compliance with the Contract . The Certificate of Acceptance shall not be issued until completed As-Built Drawings of the actual construction have been furnished to the Owner and verified . In accordance with the Florida Prompt Payment Act , after receipt of the Engineer ' s final acceptance by the Owner, the Owner shall make payment to the Contractor in the full amount . Payment of the lump sum amount and acceptance of such payment by the Contractor shall release the Owner from all claims or liabilities to the Contractor in connection with this Contract . Article 6 . The Contract Documents The General Conditions, Special Conditions , Specifications , Bid Documents, Insurance Requirements ( Exhibit A) , Bonds , and the Drawings , together with this Agreement , fornl the Contract , and are fully a part of this Contract as if included herein . Article 7 . Venue This agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or in the event of Federal jurisdiction , in the United States District Court for the Southern District of Florida. ( Contractor) (Owner) E . J . - rrBreneman , L . P . Indian River County, Florida BY : T&94gaDtorponald Co . , LLC , General Partner Owner President F, an Thomas D . Donald , Pr sident Cara _ Witnessed b a mac.. y: K-g �1�° cived ley BCC2 - 04 Madeline J . aroselli r; 14:a ' Contract Administrator Je *k o suit Court lot By. ounty Attorney ' Y Approved as to Form and Legal Sufficiency r' ' a �' "' e � � " n y pZDXed Date Adminisir la on Budget Jose h A . Baird, County Administrator Co . Attorney Risk Management Department ?•� � + sion D FAPublic Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and shoulder Paving\Bid Document5 . 18 .04 . doc Page 56 of 61 EXHIBIT A — INSURANCE REQUIREMENTS Contractors and Subcontractors Insurance : The Contractor shall not commence work until he has obtained all the Insurance required under this section , and until such Insurance has been approved by the Owner, nor shall the Contractor allow any Subcontractor to commence work until the Subcontractor has obtained the Insurance required for a Contractor herein and such Insurance has been approved unless the Subcontractor ' s work is covered by the protection 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 his employees to be engaged in work under this contract . In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker' s compensation statute, the Contractor shall provide adequate coverage for the protection of such employees . Public Liability Insurance : The Contractor shall procure and shall maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below . The Owner shall be an additional named insured on this insurance with respect to all claims arising out of the operations or work to performed. Commercial General : $ 1 , 000 ,000 .00 combined liability single limit for (other than automobile) bodily injury and property damage . Premises / Operations Independent Contractors Products / Completed Operations Personal Injury Contractual Liability Explosion , Collapses , and Underground Property Damage Commercial Automobile : $ 1 ,000 ,000 . 00 combined and damage liability single limit for bodily injury and property damage . Owned / Leased Automobiles Non-Owned Automobiles Hired Automobiles Builder' s Risk lAsur-anee .: The Gentmeter- shall pr-eeur-e and shed! maintain builder' s risk insufanee all risk-!' with limits equal te ene hundred per-eent ( 100 % ) ef the eempleted value ef the 5 building(s ) , er- addifien (s) . h shall inelude a Waiver- of Geeupaney Endorsement te enable the Geunty b eever-age 1& $ 500 . 00 per- elaim. Proof of Carriage of Insurance : The Contractor shall furnish the Owner a Certificate of Insurance in a form acceptable to the Owner for the insurance required. Such certificate or an endorsement provided by the Contractor must state that the Owner will be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement-naming Owner as Additional Name Insured must accompany the Certificate of Insurance . F:\Purchasing\Bids\2003 -2004 FY (6000)\6080 Resurfacing on CR512 from SR 60 to Fellsmere Farms\6080 Bid Document.doc Page 57 of 61 ATTACHMENT "A" Ln Slice rt Of it S �a z � 3a o x � m z 4 V � O y� 6 � C (Y) ti IV C� O COOV m CIO (tel O Eo z � o 4\9 ' w i i 3fi f VARIES VARIES HYDROSEED 2 2"� SP 12 # 5 2 HYDROSEED 02 ..�-- . oz . 02 _ .. 6' � MAX. HIZ2 z W TIE TO EXIST. EXISTING ASPHALT TIE TO EXIST. GROUND OPTIONAL BASE GROUND GROUP 5 U OPTIONAL BASE 4 " COLD - IN - PLACE 7 GROUP 5 RECYCLED BASE h H d ALTERNATE "A " NOTE : SURFACE: 2 " SP 12 . 5 ROAD AND SHOULDER BASE : MILL 5" ASPHALT FROM EXISTING ROAD , CONSTRUCT 4" COLD - IN - PLACE RECYLED BASE. EXCESS MATERIAL SHALL BE REMOVED BY CONTRACTOR. SHOULDER SUBGRADE: OPTIONAL BASE GROUP 5 Det. iN zs;n RIVERCOUNTYCOUY appo rny of PubAc Works • 3"M veto ftE*ZK rt 329WsznCOp/Jo/ Profecfs ..� °" CR 512El 11 ? 407 567-80M rar VARIES VARIES HYDROSEED HYDROSEED U 2 ' 2 ' 11 ' 11 ' 2 ' 2 'ftem 02 2 1 /2 " SP 12 . 5 02 E* -.-- . 02 . 02 _ .► _.. Z 6; � MAX • 6: 1 MAX. W 8" RAP BASE 8 " RAP BASE TIE TO EXIST. GROUND TIE TO EXIST. GROUND U EXISTING ASPHALT E* d ALTERNATE " B " NOTE : SURFACE : 2 1 /2 " SP 12 . 5 SHOULDER : MILL 3 " ASPHALT FROM EXISTING ROAD CONSTRUCT 8 " RAP BASE WITH MILLINGS . EXCESS MILLINGS AND EMBANKMENT SHALL BE REMOVED BY CONTRACTOR . SHOULDER SUBGRADE: EXISTING SUBGRADE COMPACTED TO 98% MAX . DENISITY PER ASHTO T- 180 . No. RM�on Dab •�•� �' 18440 M, MW COUMY o4parfinenl of Alb/!c WO/** CR 512 ra, 32960 CapJM/ Prvfeeh , w. w t 'O N 301 x 50 ' IRFWCD b OSLO ROAD R /W VARIES CANAL J a A BAHVART A 4 '— 12 ' 12 ' BAHIA R/W 0 SOD SOD ,— .02 — .02 °4 mron 6:1 _ _ �-+ 5 1 /2» B- 12.5 MATCH EXIST, GROUND W L7MATCH EXIST. GROUND w s 3" EXISTING ASPHALT d1 6" EXISTING BASES w U . g to ca OSLO ROAD TYPICAL SECTION 27th AVE . TO 20th AVE . WIDENING MILLING & RESURFACING c o i ` SP 9.5 SURFACE COURSE MILL EXISTING ASPHALT i » MIN. DEPTH g 1 1 /2" SP 12.5 STRUCTURAL COURSE CORRECTING CROSS SLOPE TO .02X. 5 1 /2` 6- 12.5 ASPHALT BASE 1 " SP 9.5 SURFACE COURSE 1 1 /2" SP 12.5 LEVELING pN �•.'�".'NOTE: O MILLINGS SHALL BE DELIVERED TO 1590 9th STREET S.W. , SPREAD AND GRADED AS DIRECTED BY COUNTY INSPECTOR, EXCESS EMBANKMENT THAT CAN NOT BE UTILIZED IN THE SHOULDER REGRADING SHALL BE REMOVED BY THE CONTRACTOR. a U INDOW RNER COUNTY Ds rfmsnJ of Pub!!o Narks °e o ase sk 3 GtSYO MCi/0 27191 AYE R7 ?A/h AYE vm `� �• n �N CaplJa! P sch 407567—EOm of ! i , 1 . . i I