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2006-120
CONTRACT DOCUMENTS AND SPECIFICATIONS FOR OSLO ROAD CLEARING, 8th COURT SW to 27th AVENUE SW BID NO. 2006060 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ARTHUR R. NEUBERGER, CHAIRMAN GARY C. WHEELER, VICE CHAIRMAN THOMAS S. LOWTHER, COMMISSIONER WESLEY S. DAVIS, COMMISSIONER SANDRA L. BOWDEN, COMMISSIONER JOSEPH A. BAIRD, COUNTY ADMINISTRATOR JEFFREY K. BARTON, CLERK OF COURT WILLIAM G. COLLINS II, ESQ., COUNTY ATTORNEY TERRY B. THOMPSON, P.E., CAPITAL PROJECTS MANAGER 00001 Cover Sheet.doc 00001 - 1 F'.\Public Works\Capital Projects\OSLO CLEARING\00001 Cover Sheet doc Rev. 05/01 TABLE OF CONTENTS Tableof Contents.. --------------------------- -- ------------------------------------------------- page 2 Advertisement for Bid --------------- ---------------------------------------------------- page 3 Instructions to Bidders-------------------------------------------------------------------. pages 4-10 Special Provisions __.---------------------------- pages 11-12 Technical Provisions_-------------------------------------------------------------------------------------------- pages 13-16 Bid Form --- ------------ pages 17-18 Bid Bond ----------------- -----------pages 19-22 Affidavit of Compliance--------------------------- ------------------------------------ ----------------------------- page 23 Statement of Disclosure of Relationships---- -25 -, -------------------------------- pa es 24 Bidder Questionnaire ........... ---------------------------------------------------------------------...----------- page 26 Bid Check List --- -------------------------- page 27 Agreement------ pages 28-29 Performance Bond --. pages 30-33 Payment Bond -------------- pages 34-38 Exhibit A — Insurance Requirements.-------- -- page 39 Page 2 of 39 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 # 2006060 OSLO ROAD CLEARING, 8TH COURT SW TO 27TH AVENUE SW Indian River County is accepting sealed bids to clear trees and brush from area designated on plans to allow relocation of utilities. Detailed plans and specifications for the above referenced bid are available from Capital Projects Division, 2nd Floor County Administration Building 1840 25`h Street Vero Beach, Florida 32960, (772) 226-1384 Contract Documents may be obtained by deposit of cash or check made payable to Indian River County, in the amount of $20.00 for each set, which represents cost of printing, and handling and which is non refundable. Deadline for receipt of bids has been set for 2:00 P.M. on March 1, 2006. Only bids received on or before the time and date listed will be considered. Bids mailed in should be addressed to Purchasing Division, 1840 25`h Street, Vero Beach, Florida 32960. Bids hand delivered should be delivered to 2525 St. Lucie Avenue, Vero Beach, Fl. 32960. All bids will be opened publicly and read aloud at 2:00 PM. All bids received after 2:00 PM, of the day specified above, will be returned unopened. 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: February 8, 2005 For Publication in the Press Journal Please furnish Tear Sheet, Affidavit of Publication, and Invoice to: Indian River County Purchasing Division 1840 25th St. Vero Beach, Fl 32960 Page 3 of 39 INDIAN RIVER COUNTY INSTRUCTIONS TO BIDDERS GENERAL TERMS AND CONDITIONS Sealed Bids and Envelope Markings: All bids shall be submitted in a sealed envelope. The outside of the envelope shall be clearly marked with the Sealed Bid 4, Title of the Bid, Date of the Bid opening, and Time of the Bid Opening. Opening Location: It will be the sole responsibility of the bidder to deliver personally or mail their proposal to the office of the Indian River County Purchasing Division, 2525 St. Lucie Avenue, Vero Beach FL 32960, on or before the closing hour and date shown for receipt of bids. Bids received in person or by mail after the stated time and date will not be considered. Bid Submission: All proposals must be signed with the legal Firm name and by an Officer or employee having authority to bind the company or firm by his / her signature. Proposals shall be submitted on forms provided by Indian River County. Bids not submitted on the attached farm shall be rejected. An original bid and one copy shall be submitted unless otherwise instructed. Should one desire to submit two separate bids, photocopy the bid form provided and submit on the reproduce form. Withdrawal of Bids: Bids may be amended or withdrawn only by written notice prior to the bid opening. Amendments must be sealed. Amendments or withdrawals received after the bid opening will not be effective, and the original bid submitted will be considered. Delivery Requirements: Delivery is "FOB Destination" unless delivery terms are specified otherwise in the Order. If County agrees in writing to reimburse Seller for transportation costs, County shall have the right to designate the method of shipment. In either case, the title and all risk of loss of the goods shall remain with the Seller until the goods received and accepted by the County. Rejected materials will be returned to Seller at the Seller's risk and expense. Price and Discount Requirements: Quote net prices after deducting trade discounts. All discounts must be incorporated in the prices contained in the bid, and not shown separately. Invoices submitted must agree with the prices formally bid. Taxes: Indian River County is exempt from any taxes imposed by State and / or Federal Government. Exemption Certificates, if required, are to be furnished by the successful bidder and will be filled out by the County. Delivery and Completion Dates: Indicate delivery and completion dates. This may be a determining factor in the award of the bid. The County may at its option, grant additional time for any delay or failure to perform hereunder if the delay will not adversely affect the best interests of the County and is due to causes beyond the control of the Seller. Such grant must be in writing and made part of the Order. Irrevocable Offer: Bidder warrants by virtue of bidding that the prices quoted in this bid shall remain firm and be considered an irrevocable offer for a period of sixty (60) days, during which time one or more of the bids received may be accepted by Indian River County. Page 4 of 39 Assigntnent/Delegation: No right, obligation or interest in the Order shall be assigned or delegated by the Seller without prior written consent of the County, without prejudice to County's other rights and remedies. Consideration of Bids: Telegraphic, telephonic, or faxed bids will not be considered. Quality Guarantee: All equipment or material shall be fully guaranteed by the bidder against factory defects. Any defects which may occur as a result of either faulty material or workmanship within the period of Manufacturer standard warranty will be corrected without expense to Indian River County. Should the product not be properly correctable, the successful bidder may be required to either replace the defective unit, or pick up the defective unit and refund any and all money that has been paid for the product. If in the County's judgment, the product reflects unsatisfactory workmanship or manufacturing, or if the product(s) is damaged in shipment, the County reserves the right to reject such items when they are presented for delivery. The supplier will be responsible for attorney fees in the event the supplier defaults and court action is required. New Merchandise: All equipment and materials must be new and unused, and provided with title and warranty papers when applicable. This provision excludes surplus and used products. Indemnification: The successful bidder shall agree to indemnify and save harmless Indian River County, its agents and employees, from and against all claims, suits, actions, damages, causes, or action or judgments arising out of the terms of the resulting agreement for any personal injury, loss of life, or damage to property sustained as a result of the performance or non-performance of services or delivery of goods, from and against any orders, judgments, or decrees, which may be entered against the County, its agents or employees; and from and against all costs, attorney's fees, expenses, and other liabilities incurred in the defense of any such claim, suit, or action, and the investigation thereof. Nothing in the award, resulting agreement, contract or Purchase Order shall be deemed to affect the rights, privileges, and immunities of the County as set forth in Florida Statute Section 768.28. Royalties and Patents: The successful bidder shall pay all royalties and license fees for the equipment or processes in conjunction with the equipment their furnishing. Further, the bidder shall defend at their expense all suits, actions, or judgments alleging infringement on any United States Patent by reason of the use or resale of any piece of material furnished user and will save the County harmless from all expense of defending said suits and from all payments which may be assessed against the purchaser on account of such infringement. Public Access: The Seller shall allow public access to all documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Seller assert any exemptions to the requirements of Chapter 119, Florida Statutes, and related statutes, the burden of establishing such exemption, by the way of injunctive or other relief as provided by law, shall be upon the Seller. Records/Audit: The Seller shall maintain books, records and documents pertinent to performance under this Order in accordance with generally accepted accounting principles consistently applied. The County shall have inspection and audit rights to such records for audit purposes during the term of the contract and for three years following the termination of obligations hereunder. Records which relate to any litigation, appeals or settlements of claims arising from performance under this Order shall be made available until a final disposition has been made of such litigation, appeals, or claims. Page 5 of 39 Acceptance: Receipt of an item shall not be an indication that the items are acceptable. Final acceptance and authorization of payment shall be given after a thorough inspection indicates that the item is delivered in accordance with the Bid Specifications. Suppliers are advised that in the event the delivered item does not meet specifications, payment will be withheld until such time the supplier takes necessary corrective action. Descriptive Information: Descriptive literature including Specifications must accompany your bid. Manufacturer's name and model numbers are used herein solely for the purpose of establishing a standard of design, quality, and used of the merchandise required. Products of other manufacturers will be acceptable if they meet or exceed established standards with the exception of those items specified "NO SUBSTITUTION". Variations to Specifications: For purposes of evaluation, Bidder must indicate any variances from the specifications and / or conditions on the form provided with this Invitation to Bid. Otherwise, it will be assumed that the product or service fully complies with the specifications. Items specifically described as alternates shall be reviewed as an alternative bid to be considered by the County, in lieu of the primarily specified item(s). However, item(s) varying from the published specifications shall be considered substitutes, and the County reserves the right to consider or not to consider substitute bids. Substitutes shall be subject to disqualification if the County does not approve the substitution. Interpretations: No oral interpretations will be made to any Bidder as to the meaning of the Specifications. Every request for such an interpretation shall be made in writing, addressed and forwarded to Indian River County, ten (10) or more days before the date fixed for opening of the bids. The County shall not be responsible for oral interpretations given by any County employee. Every interpretation made to bidder will be in the form of an Addendum to the specifications, which if issued, will be sent promptly as is practical to all persons to whom specifications have been issued. All such Addenda shall become part of the specifications. Further, it shall be the responsibility of each bidder, prior to submitting their bid, to contact Indian River County's Purchasing Division at (772) 567-8000 ext 1416 to determine if addenda were issued and to make such addenda a part of their bid. Default Provision: In case of default by the Bidder, Indian River County may procure the articles or services from other sources and hold the Bidder responsible for excess incurred thereby, and may take such action, as it deems appropriate, including legal action for Damages or Specific Performance. Manufacturer's Certification: Indian River County reserves the right to request from the Bidder a separate manufacturer's certification of all statements made in the proposal. Signed Bid Considered an Offer: This signed bid shall be considered an offer on the part of the Bidder. Indian River County Board of County Commissioners shall deem the offer accepted upon approval. Non Collusion: By signing and submitting the Bid Form, the Bidder certifies that, • This bid has been arrived at by the bidder independently and has been submitted without collusion, and without any agreement, understanding, or planned common course, or action with, any vendor of materials, supplies, equipment, or services described in the invitation to bid, designed to limit independent bidding or competition, and Page 6 of 39 • The contents of the bid have not been communicated by the bidder or its employees or agents to any person not an employee or an agent of the bidder or its surety on any bond furnished with the bid, and will not be communicated to any such person prior to the official opening of the bid. • No attempt has been made or will be made by the bidder to induce any other person(s) or firm(s) to submit or not to submit a bid for the purpose of restricting competition. Public Entity Crimes: Pursuant to Florida Statutes Section 287.133(2)(a), all Bidders are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity (defined as the State of Florida, any of its departments or agencies, or any political subdivision); may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287.017 for CATEGORY TWO [currently $25,000] for a period of 36 months from the date of being placed on the convicted vendor list. A "public entity crime" means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. Regulations: It shall be the responsibility of the bidder to assure compliance with any OSHA, EPA and/or other Federal or State of Florida rules, regulations, or other requirements, as each may apply. Applicable Law and Venue: This Order and all rights and duties of the parties hereto shall be governed by the laws of the State of Florida, including but not limited to the provisions of the Florida Uniform Commercial Code Chapters 671-679 F.S., for any terms and conditions not specifically stated in this Order. Conflict of Interest: Any entity submitting a bid or proposal or entering into a contract with the County shall disclose any relationship that may exist between the contracting entity and a County Commissioner or a County Employee. The relationship with a County Commissioner or a County Employee that must be disclosed is as follows: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in- law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. The tern "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. The disclosure of relationships shall be a sworn statement made on a County approved form. Failure to submit the form may be cause for rejection of the bid. Cancellation: It is the intention of Indian River County to purchase material and / or services from sources of supply that will provide prompt and convenient shipment and service. Any failure of the supplier to satisfy the requirements of the County shall be reason for termination of the award. Page 7 of 39 Errors: When an error is made in the bid extension of generating total bid prices or in any other process of completing the bid, the original unit prices submitted will govern. Carelessness in quoting prices, or in preparation of the bid otherwise, will not relieve the bidder. Bid Rejection: Failure to comply with all the above instructions may result in rejection of the bid Bid Protest: Any actual or prospective bidder who is aggrieved in connection with the solicitation or proposed award of a contract may protest to the Purchasing Manger. The protest shall be submitted in writing within seven (7) calendar days after such aggrieved person knows or should have known the facts rise thereto. If the protest is not resolved by mutual agreement, the Purchasing Manager shall promptly issue a decision in writing, after consulting the Department and the Office of the County Attorney. Co -Operative Purchasing: It is the intent of the Invitation of Bid to secure goods or services to be used by Indian River County. However, by virtue of bidding, the bidder accepts the right of other Florida Governmental agencies to purchase from this bid proposal. The successful bidder and the requesting Governmental agency, apart from Indian River County, shall handle any such purchases separately. Further, Indian River County assumes no liability for materials or services ordered by any other Governmental agency by virtue of this bid. (Bidders that find this condition unsatisfactory should indicate this by showing exception on the Bid Form) Awards: The County reserves the right to make award(s) by individual item, aggregate or none, or a combination thereof; with one or more suppliers; to cancel the bid, reject any and all bids or waive any minor irregularity or technicality in bids received. When it is determined there is no competition to the lowest responsive bidder, evaluation of other bids is not required. Bidders are cautioned to make no assumptions unless their bid has been evaluated as being responsive. The County reserves the right to not make any award(s) under this bid. Criteria for Award: A. Compliance to the specifications B. Delivery C. Warranty and Service Location D. Cost E. Public Entity Crime Form F. Disclosure Statement Termination by the County: The County reserves the right to terminate a contract by giving thirty (30) days notice, in writing, of the intention to terminate, if at any time the contractor fails to abide by or fulfill any of the terms and conditions of the contract. The County also reserves the right to terminate this contract for convenience of the County and / or with or without cause. Compliance with Laws and Regulations: Bidder agrees that they will comply with all Federal, State, and Local Laws and Regulations applicable to the production, sale, and delivery of the goods or the furnishing of any labor or services called for by this order, and any provisions required thereby to be included herein shall be deemed to be incorporated herein by reference. Noncompliance may be considered grounds for termination of contracts. Page 8 of 39 • Public Record Law: Correspondence, materials, and documents received pursuant to this Invitation for Bid become public records subject to the provisions of Chapter 119, Florida Statutes. • Safety Standards: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall comply with applicable requirements of the Federal Occupational Safety and Hazards Act (OSHA), American National Standards Institute Safety Standards, and any Florida standards there under. • Material Safety Data Sheets: In accordance with Chapter 442, Florida Statutes, it is the seller's duty to advise Indian River County if a product is a listed toxic substance and to provide a Material Safety Data Sheet (MSDS) at the time of delivery. Insurance: • Owners and Subcontractors Insurance: The contractor shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by the owner, nor shall the contractor allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor's work us covered by the protections afforded by the contractor's insurance. • Worker's Compensation Insurance: The contractor shall procure and maintain worker's compensation insurance to the extent required by law for all their employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the contractor shall provide adequate coverage for the protection of such employees. • Public Liability Insurance: The contractor shall procure and maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The owner shall be an additional named insured on this insurance on this insurance with respect to all claims arising out of the operations or work to be performed. COMMERCIAL GENERAL (PUBLIC) LIABILITY, OTHER THAN AUTOMOBILE $1,000,000.00 COMBINED SINGLE LIMIT FOR BODILY INJURY AND PROPERTY DAMAGE Commercial General A. Premises / Operations B. Independent Contractors C. Products / Completed Operations D. Personal Injury E. Contractual Liability F. Explosion, Collapses, and Underground Property Damage AUTOMOBILE A. Owner Leased Automobiles $15000,000.00 COMBINED SINGLE LIMIT BODILY B. Non -Owned Automobiles INJURY AND DAMAGE LIABILITY C. Hire Automobiles crook ql carriage q/ insurance: Ifie 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. Page 9 of 39 Indian River County reserves the right to accept or reject any or all bids in whole or in part and waive all formalities. Note: Any and all special conditions attached hereto, which may vary from these General Conditions, shall have precedence. END OF GENERAL TERMS & CONDITIONS Page 10 of 39 SPECIAL PROVISIONS 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. If, after the investigation, the evidence of competency and financial ability is not satisfactory, the County reserves the right to reject the bid. Successful bidder is required to provide a Certificate of Competency to do work in Indian River County. EXAMINATION OF THE SITE The work is located on Oslo Road between 8th Court SW and 27`h Avenue SW. 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. 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. CONTRACT PRICE The County shall pay the CONTRACTOR based on the unit price amount for actual work performed at the price(s) stated on the bid form upon completion and final acceptance by the County. 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. 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. COOPERATION/COORDINATION The OWNER and its authorized representatives shall be permitted free access and every reasonable facility for the inspection of all work and materials. 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. 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. 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. COMMENCEMENT OF WORK The work shall commence immediately upon receipt of a Notice to Proceed. Page 11 of 39 DEFECTIVE WORK AND MATERIALS. All 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. 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. 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. 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. 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. Al l 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. SAFETY AND PROTECTION Safety. The CONTRACTOR shall furnish and install all 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. 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 l 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. END SPECIAL PROVISIONS Page 12 of 39 INDIAN RIVER COUNTY OSLO ROAD CLEARING, 8TH COURT SW TO 27TH AVENUE SW TECHNICAL PROVISIONS SECTION TITLE General Requirements • Scope of Work • Photographs • Permits • Protection of Public Site Work ■ Clearing Page 13 of 39 PAGE NUMBER 14 15 DIVISION 1 — GENERAL REQUIREMENTS Section 1A - Scope of Work The project consists of furnishing all labor, materials, equipment, and services necessary to clear and dispose of all trees and vegetation as shown on the drawings and described in these specifications. Scope includes, but not limited to the following: • Clear trees and brush one -inch in diameter or greater. Cut to a minimum height of 2" above existing grade. • Trim, protect and leave standing trees designated to remain. • Completely remove and dispose of all vegetative debris within the limits designated on the plans. • Remove and replace chain-link fence located within area to be cleared. Section 1B - PhotoEraphs CONTRACTOR shall take photographs of all work areas prior to construction and all unusual conditions during construction. Section 1C - Permits The OWNER has applied for the Indian River County Right -of -Way Clearing Permit. Section 1D - Protection of Public CONTRACTOR shall erect and maintain sufficient safeguards around all clearing and grubbing operations, to protect the public from work area hazards. Page 14 of 39 DIVISION 2 - MAINTENANCE OF TRAFFIC Section 2A — Maintenance of Traffic 1. Contractor shall maintain traffic within the limits of the project for the duration of the clearing operation in accordance with the U.S. Department of Transportation's Manual on Uniform Traffic Control Devices (MUTCD) latest edition, FDOT Index 600 Series and FDOT Standard Specification Section 102. 2. Cost of Maintenance of Traffic shall be Lump Sum. Section 2B — Protection of Public 1. Provide, erect and maintain barriers, lights and other devices as required to protect general public, workers and adjoining property. 2. There shall be no separate payment for protection of public. The cost shall be included in the Lump Sum Price for Maintenance of Traffic. DIVISION 3 - SITE WORK Section 3A — Clearing 1. Trim back trees and brush that extend in to area designated on plans to be cleared. 2. Clear trees and brush one inch in diameter or greater from designated clearing area, except trees and brush designated in field to remain. 3. Cut to a minimum height of 2" above existing grade. 4. Backfill any holes or depressions resulting from clearing operations. 5. Completely remove and dispose of all cleared materials. 6. Cost of all work under this Section shall be included in the unit price for clearing. Page 15 of 39 DIVISION 4 - FENCING Section 4A — Type B Chain -Link Fence 1. Furnish, erect and reset fence in accordance with Index 452 of FDOT Design Standards for Type B Chain -Link Fence. 2. Fabric shall be Zinc Coated Steel, No. 9 gage (coated wire diameter), coated at the rate of 1.8 oz./sf . 3. Relocation of existing fence gate shall include all appurtenances and labor to construct. Relocated fence gate shall be in equal or better condition than existing. 4. Existing gate at construction trailer shall be salvaged and reset. 5. Existing fence and post shall be removed and replaced with new fence. 6. Payment for removal and replacement of fence shall be per linear foot of new fence, measured in-place. There shall be no separate payment for removal of existing fence. Page 16 of 39 INDIAN RIVER COUNTY PURCHASING DIVISION 184025T"STREET, VERoBEAcHFL 32960 (772) 567-8000 ExT 1416 FAX(772)770-5140 SPECIFICATIONS FOR: BID NUMBER: BID OPENING DATE: BID OPENING LOCATION BID FORM OSLO ROAD CLEARING, 8TH COURT SW TO 27TH AVENUE SW 2006060 MARCH 1, 2006 AT 2:00 PM PURCHASING DIVISION 2525 ST. LUC1E AVENUE VERO BEACH FL 32960 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. BIDDERS ARE REQUESTED TO BID ON ALL ITEMS. UNIT TOTAL UANTITY UNIT PRICE PRICE 1. Maintenance of Traffic and Protection of Public: 1 Lump Sum 41900.00 41900,00 2. Clearing Vegetation: 6.2 Acres 4, 800.00 29, 760.00 (4.2 acres from 27`h Ave. to 20`h Ave., 2.0 acres from 201h Ave. to Eastern Terminus) 3. Fencing, Type B (Std., 67) 230 LF 12,00 2f760.00 4. 4" Dia. Gate Post (Type B, 6') 2 Each 100,00 200.00 5. Reset Existing Fence Gate 2 Each 150.00 300.00 If the Contract amount exceeds $25,000.00 please identify the cost of the Bond to be added to the Base Bid Amount. Performance and Payment Bond 1 Lump Sum 500.00 500.00 TOTAL AMOUNT OF BID (IN FIGURES): $38,420.00 TOTAL AMOUNT OF BID (IN WORDS): Thirty eight thousand four hundred twenty ToMars and no cents Page 17 of 39 Addenda: The following Addenda have been received and are included in the Base Bid: Addendum No. 1 Addendum No. 2 Addendum No.3 specifications and Addendum No. 4 Yes _ Date Yes _ Date Yes _ Date Yes Date Time of Completion: The Work shall commence immediately upon receipt of Notice to Proceed and shall be substantially complete on or before 45 consecutive calendar days thereinafter. 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 thirty calendar days from bid opening. Time: Time is of the essence. 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. 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, P.J.'s Land Clearing & Excavating, Name Authorized Signatureo/orriized Signature President / Owner Title 2-28-2006 Date Signed E-mail: PJSLAND1@ Bellsouth.net Inc. P.O. Box 540517 Greenacres Address Greenacres, F1. 33454 City, State, Zip Code ( 561) 7409938 Phone (Corporate Seal) Occupational License: Palm Beach County - 2003-04725 FEIN Number: 65-0896310 PLEASE SUBMIT AN ORIGINAL AND ONE (1) COPY OF YOUR PROPOSED BID. Page 18 of 39 02/28/2006 16:21 5617409981 PJ S LANDCLEARING PAGE 13 1 0J BID BOND KNOW ALL MEN BYTHESE PRESENTS, that we P•J.'s Land Clearing &Excavating, Inc. - P.O. Box 540517, Greenacres, FL 33454-0517 as (BIDDER'S NAME) Principal, and RLI Insurance Company (SURETY'S NAME) a corporation duly organized under the Laws of the State of Florida as a Surety with its principal offices in the Cityof Sarasota and authorized to do business in the State of Florida, are held and firmly bound unto INDIAN RIVER COUNTY (hereinafter called the OWNER) in the penal sum of _ Five Percent of amount bid Dollars ($ 5% of amt. bid ), lawful money of the United States, amounting to 5% of the total bid price, for the payment of which sum well 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 March 1. _ 20_0b for the construction of Project Name: Oslo Rd. Clearing Bid Number: 2006060 Project Address: 8th. Court SW to 27th. Avenue SW Project Description: Clearing Oslo Rd. Clearing, 8th. Court SW to 27th. Avenue SW, bid $2006060 NOW THEREFORE, the condition of the above obligation is such that 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 OWNER, pay to 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 former, 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. IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several seals this i st.day of March 20.L6, 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 body. Page 19 of 39 02/28/2006 16:21 5617409981 PJ S LANDCLEARING PAGE 14 WHEN THE PRINCIPAL IS AN INDIVIDUAL: Signed, sealed and delivered in the presence of: Witness Signature of Individual Address Printed Name of Individual Witness Address •..,.YYYYYYYYYY........Y.YYYYYY......YYYYYYY....,.YYYYY YY.......Y YYYYII.,.YYYY YYY..YYY• WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME: Signed, sealed and delivered in the presence of.- Witness fWitness Name of Partnership BY: Address pie. Witness Printed Name of Partner Address (SEAL) • •WIZEN THE PRINCIPALIS A PARTNERSHIP • • • • • . • • • • .. Y Y Y Y Y Y . Y Y Y Y ....... Y ........... Y Signed, sealed and delivered in the presence of: Witness Address Witness Page 20 of 39 BY: Name of Partnership Printed Name of Partner 02/28/2006 16:21 5617409981 PJ S LANDCLEARING PAGE 15 (SEAL) Fort re ........................ 0 W a M M ...MMMM..MM. a M MM MM MM....O............................. M O. WHEN THE PRINCIPAL IS A CORPORATION: Attest: Ji4C- S ru Secretary— OFFs tc Ha'naC P r P.J.'s Land Clearing & Excavation, Inc. Nam `of Corp ration BY: GM-- /(Affix Corporate SEAL) h4rik- Printed Name Ot un!r✓� ha _ Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL I\' I iU ,)(']U -I C- �.�, certify that I am the Secretary of the corporation named as Principal in the within bond; that (A)I I b'l�� who signed the said bond on behalf of the Principal was then Pr� of said corporation: that I know his signature, and his signature thereto s g nine; and that said Bond was duly signed, sealed and attested,for and on behalf of Said corporatio by tuthofity of Its governing body. AMMO... u.•0......• Mr w....M. M.uuOOM•............ (SEAL)O..M....O.MMMa MOOO.0 MOOD TO BE EXECUTED BY CORPORATE SURETY: Attest: Secretary RLI Insurance Company Corporate Suretv 000 Ctrlidg�e42, Suite 206 araso a. Business Address BY: Page 21 of 39 (Affix Corporate SEAL) John S. Harris 02/28/2006 16:21 5617409981 (Attach Power of Attorney) John S. Harris Attorney -In -Fact Coastal Bonding, Inc'. Name of Local A{�enc 11924 Forest Hilly Blvd., Suite 22-323 Wellington, FL 33414 Business Address STATE OF FLORIDA COUNTY OF INDIAN RIVER PJ S LANDCLEARING PAGE 16 Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared John S. Naristo me well known, who'being by me first duly sworn oath, says that he is the attomey-in-fact for the RLI insurance Company and that he has been authorized by _ RLI Insurance Co. to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sw o before me this is t . day of March, , 2p 06 , My Commission Expires: ,Any claims under this bond shall be addressed to, Name and address of Surety RLI Insurance Company 6000 Cattleridge Dr., Suite 206 Saracnta_ FL 34232 Name and address of agent or representative in Florida if different from above: inhn S Harris - Coastal Bonding Inc 11924 Forest Hill Blvd., Suite 1122-323 Wellington, FL 33414 Telephone number of Surety and agent or representative in Florida: f 561 ) _] 5 3-5547 Page 22 of 39 AFFIDAVIT OF COMPLIANCE Indian River County Bid # 2006060 for Oslo Road Clearine, 8th Court SW to 27`" Avenue SW ® We DO NOT take exception to the Bid / Specifications. ❑ We TAKE exception to the Bid / Specifications as follows: Company Name: Company Address: P.J.'s Land Clearine & Excavatin P.O. Box 540517 Greenacres, F1, 33454 Telephone Number: 561-740-9938 E-mail: PJSLAND1@Bellsouth.net Inc Fax: 561-740-9981 Authorized Signature: 11*4, ",L Date: 2-28-2006 Name: Patrick Wilson Title: President/owner (Typed / Printed) Page 23 of 39 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. 2006060 for Oslo Road Clearing, 8th Court SW to 27th Avenue SW 2. This sworn statement is submitted by: P- J. 's Land Clearing & Excavating, Inc. name of entity submitting Statement) 3. whose business address is: P.O. Box 540517, Greenacres, F1. 33454 and (if applicable) its Federal Employer Identification Number (FEIN) is 65-0896310 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement ) My name is Patrick Wilson (Please print name of individual signing) and my relationship to the entity named above is President / owner 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.] XX 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: Page 24 of 39 Name of Affiliate or entity STATE OF COUNTY OF Florida Palm Beach Name of County Commissioner Relationship or employee (Signature) 2-28-2006 (Date) The foregoing instrument was acknowledged before me this 28 day of Feb. 20 06 by _ Patrick Wilson -,who is personally known to -me or who has produced NOTARY SIGN: PRINT: Page 25 of 39 My Commission Expires: (Seal) BIDDER QUESTIONNAIRE The undersigned guarantees the truth and accuracy of all statements and answers herein contained: Indian River County Bid # 2006060 for Oslo Road Clearine, 8th Court SW to 27th Avenue SW 1. How many years has your organization been in the business? 2. Number of employees "ON THE JOB" each week? 10 3. Will you subcontract any part of this work? If so, give details: }� ars 4. List three (3) references of individuals or corporations for which you have performed this type work and to which your refer: ])Firm Florida Fish & Wildlife Contact Jim Schutte Phone # (561' 624- 6989 2)Firm All Florida Tree $ Landscape Phone# 5( 61) 262 - 9752 Contact Alan McPherson 3)Firm Capital Construction Phone#( 954) 655 - 2458 Contact Brett Johnson 5. Have you ever failed to complete work awarded to you: ❑ Yes F1 No If so, where and why? 6. What equipment do you own that is available for the work? Dump Truck & Trailer - Excavator & Loader 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: Address: P.J.'s Land Clear 9396 Pinion Drive Lake Worth, F1. 334 & Excavatinq, Inc Page 26 of 39 THIS CHECKLIST IS PROVIDED TO ASSIST EACH BIDDER IN PREPARATION OF THEIR BID RESPONSE. THIS CHECKLIST IS ONLY A GUIDELINE ITIS THE RESPONSIBILITY OF EACH BIDDER TO READ AND COMPLY WITH THE INVITATION TO BID IN ITS ENTIRETY. ✓ Is the Invitation to Bid Form completed and signed? ✓ All price extensions and totals have been reviewed for accuracy? ✓ Is the Affidavit of Compliance completed, signed, and attached? ✓ Is the Warranty Information Form completed and attached (if applicable)? ✓ Is the Disclosure of Relationship Sworn Statement completed, signed, notarized, and attached? ✓ Is each Bid Addendum (if issued) signed and included with the Invitation to Bid Form? ✓ Is the Trench Safety Form completed and attached (if applicable)? ✓ Is the Bid #, Bid Title, and Bid Opening Date & Time marked clearly on the outside of the envelope? ✓ Is your company's name and address clearly printed on the outside of the envelope? ✓ Is the Invitation to Bid Form submitted in duplicate? ✓ Is the original marked "ORIGINAL" and is the copy marked "COPY"? ✓ Is all of the above in the envelope and is the envelope sealed? If you have any questions about submission of the Invitation to Bid Form, please contact the Indian River County Purchasing Division at (772) 567-8000 ext. 1416 or by Fax at (772) 770-5140 or via E-mail at purchasingLcrfircgov.com Thank you for your interest! Page 27 of 39 AGREEMENT This Agreement made and entered into this 21 day of March 2006, by and between P.J.'s Land Clearing & Excavating Inc... 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 # 2006060 / Oslo Road Clearine, 8th Court SW to 27th Avenue SW. Contractor, as an independent Contractor and not as an employee, shall furnish, for the sum of Thirty Eight Thousand Four Hundred Twenty ang96glars ($ 38, 420.00 ), all of the necessary labor, material, and equipment to perform the work described in accordance with the Contract Documents. Article 2. Time of Completion 90 Calendar Days from receipt of the Notice to Proceed. 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. Article 5. Acceptance and Final Payment When the work provided for under this contract has been completed, in accordance with the terms thereof, a 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. Page 28 of 39 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, form 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. OWNER: LWJRW�JV4rM_ APPROVED AS TO Cy By E -z - Jeffrey., By. ,aa».,5��opiity KBarton,;Cleri Attest �: �✓ it 4 f,De'pti (SEAL)., C A Administrator Nl, N LEGAL CONTRACTOR: P.J.'s Land Clearing & Rxcavating, BY: — 14/Z (Contractor) (CORPORATE SEAL).-'% Attest (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: _ Facsimile: Page 29 of 39 Inc. ,c�c:etl��r�c�a ■:,ALL! 1••�•�/a�la�� mall-@] nawAvren AM MEIN CONTRACTOR: P.J.'s Land Clearing & Rxcavating, BY: — 14/Z (Contractor) (CORPORATE SEAL).-'% Attest (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: _ Facsimile: Page 29 of 39 Inc. PERFORMANCE & PAYMENT BOND (Public Work) in compliance with U.S. Chapter 255.05(l)(a) Bond No. 384356 Contractor: P•J.'s Land Clearing & Excavating, Inc. Name: P.O. Box 540517 Address: Greenacres, FL 33454-0517 Phone No. (561) 740-9938 Surety: RLI Insurance Company Name: 3307 Clark Rd., Ste. 204 Address: Sarasota, FL 34231 Phone No. (941) 926-7672 Owner: Indian River County Name: 1840 25th. St. Address: Vero Beach, FL 32960 Phone No. (772) 226-1988 Obligee: (If contracting entity is different from the owner, the contracting public entity) Name: Same Address: Bond Amount: $ 48,025.00 Deserpiton of Work: Oslo Road Clearing Phone No. Contract No. (if applicable):_ Project Location: 8th, Court SW to 27th. Ave. SW Legal Description: FRONTPAGE All other page(s) are deemed subsequent to this page regardless of any page number(s) that may be re- printed thereon. Bond #384356 PERFORMANCE BOND Know all men by these presents: P. J.'s Land Clearing & Excavating, Inc. By This Bond, WC P.0. Box 54051.72 Greenacres, FL 33454-O517 (561) 740-9938 (Insert ; e ptl7nci}�al busines address, and tetrphone number of PrincipaUContractor) as Principal (Contractor and (p a' T,tc " ll ii ere{d�ee°�r Suite 206 Sarasota, PL 31232 9 ny (Insert name, principal business, and telcphone number of Surety) i (� r t.) 34 3-I:100 a corporation, as Surety, are held and firmly bound unto the County of Indian River, Florida, 1940 25th Street, Vero Bench, Florida 32960, ((772) 567-9000), in the sum of FortEight 'phousa nd Twenty -Five--- y ----- Amount) ----- ollars.($_48,025.00 ) (Written X,nPrice, to 125% of the total bid op Ym (Numeric Amount) ind ourselve executors, administrations and assigns, ) ointlyand severally for the fuilhfiud sum we 1performancesof our heirs, written Contract, dated the certain Cotmty of Indian River, for rh �, day of, 2p 06 , entered into between the Principal and the Bond Number: 384356 Project Name: Oslo Road Clearing, 8th Court SW to 27" Avenue SW Rid Number: 2006060 Project Address: 8th. Court SW to 27th. Ave. SW Project Description: Clearing 0Slo Rd. - 8th Court SW to 27th. Ave. SW A copy of said Contract is incorporated herein by reference and is made a part hereof as fully copied herein. Now, Therefore, The Condition of this Obligation are such, that if the Principal shall in all 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, want of care of skill, negligence or default, including patent infringement on the part of the Principal, his agents or employees, i the execution or performance of said Contract, including errors in the Drawings furnished by the Principal, and further, if the Principal shall promptly make a labor and/or materials used directly or indirectly by the Principal in the prosecution of the Work provided Payments to all who supply Ititn with for in said Contract, then this obligation shall be null and void; otherwise, the Principal and Surety, jointly nd severally, agree to pay the County of Indian ,River and difference between the sum that the County of ndun River may be obliged to pay for the completion of said Work, by contract or otherwise, and any hunageso whether direct, indirect, or consequential pPellate proceedings), whi, including reasonable attorney's fee (including pellatch the County of Indian River may incur as a result of the failure of the ']incipal to properly execute all of the provisions of the Contract. end, the said Principal and Suret here intinistrators and y b Y fiuYher bind themselvesex , their successors, ecutors, rdian River against sa dsWilli Pay and severally, that they will amply and fully protect the County of covered against or which the County OfIndiaan Rive manages, costs and judgments which may be y be called upon to pay to any person or Page 30 of 39 02/28/2006 16:21 5617409981 PJ 5 LANDCLEARING PAGE 05 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 performed thereunder, or the Specifications or Drawings accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications or Drawings. And, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Final Completion as established 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 21stday of March 20 06, 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 body. When the Princival is and Individual: Signed, sealed and delivered in the presence of: Witness Address Address Witness Signature of Individual Printed Name of Individual Printed Name of Individual Address I••••e•••••e••Y•O••••Y•Y••••••••e•o•••••••••••••••o••••••••••••••••• v•• I•••• e••• Y M a a a• Page 31 of 39 02/28/2006 16:21 5617409981 PJ S LANDCLEARING PAGE 06 When the Principal is a Sole Proprietorship or operated under a Trade Name: Signed, sealed and delivered in the presence of.- Witness f: Witness By: Address Name of Partnership Partner Witness Printed Name of Partner ...... a 0 11 11Addrs:... ..(Seal) \v v v v v v v v v v.\..... v\v vv vv •.............IY\\Y.....\\\\\Y\..Y\• When the Principal is a Partnership: Signed, sealed and delivered in the presence of Witness Name of Partnership Address Partner Witness Printed Name of Partner Address (Seal) �vvvvvvvv�vvvvvvvvvvv••vvvvvvv......•v a •............... a .\.....vYvvv••••vvvvvvvvv.v\ When the Principal is a Corporation: Attest: P. J.'s Land Clearing & Excavating, Inc. Secretary a of Corporation By: H _ (Affix Corporate Seal' �a ►e4c)�oti�' Printed Names �p t Official litle Page 32 of 39 02/26/2006 16:21 5617409981 PJ S LANDCLEARING PAGE 07 Certificate as to Corporate Principal 1 , 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) To be executed by CorDorate Suretv: Attest: Secretary COuntYOf Palm Reach Secretary RT.I Insurance Company Corporate Surety 6000 Cattleridge Dr., Suite 206 Sarasota, FL 34232 Business Add s By: �—�— x Co orate Seal) John S. Harris Attorney -In -Fact Coastal Bonding, Inc. Name of Local Agency 11924 Forest Hill Blvd., Suite 22-323 Wellington, FL 33414 Business Address Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared John S. Harris to me well known, who being by me first duly sworn upon oath, says that he is the attorney -in fact for the RLI Insurance Company and that he has been autborized by RLI Insurance Company to execute/ffib foregoing bond on behalf of the Contractor named therein in favor of the County of lndian, river, P]bridp. Subscribed and sworn before me this 21st. day of 20 06, y+.. State of My Commission expires:. Page 33 of 39 02/28/2006 16:21 5617409981 PJ S LANDCLEARING PAGE 08 Bond 11384356 PAYMENT BONA Know all men by these presents: P. J.'s Land Clearing & Excavating, Inc. By This Bond,we P.O. Box 540517 Greenacres, FL 33454-0517 (561)74Q-9938 (Insert n1% tit}ciTl business eddreas, and telephone number of Principal/Contractor) as Principal (Contractor) and 0 �ai €�eridgee'�rny Suite 206 Sarasota FL 4232 (941) 343-1100 (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 25th Street, Vero Beach, Florida 32960, (772) 567-8000), in the sults of Thirty Eight Thousand Four Hundred Twenty--------------- Dollars($38,420.00 ), (Written Amount) (Numenc Amount) amounting to 100% of the total bid price. For payment of said stun we bind ourselves, our heirs, executors, administrations and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the21� day of March 20 06 entered into between the Principal and the County of Indian River, for: Bond Number: 384356 Project Name: Oslo Road Clearing. 8th Court SW to 27th Avenue SW Bid Number: 2006060 Project Address: 9th cmirt ';w ro 7 b. Ave- SW Project Description: Clearing Oslo Rd. - 8th. Court SW to 27th. Ave. SW 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 herein 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 255.05 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: Page 34 of 39 02/28/2006 16:21 5617409981 PJ S LANDCLEARING PAGE 09 Unless claimant, other than one having direct contract with the Principal, shall within forty-five (45) days ager 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 law. 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 Pol'icyholder's rating of "A" and Financial Size Category of Class "X". 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. In Witness Whereof, the above bound parties executed this instrument under their several seals, this _ 21st. dayof March 2006 , 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 body. 0 M M M M M 0 M N a N 000 M 00000 a a M M u• � 0 ............... C. a 0 U• a s•••• a •••••• e•••• e•• 6......• t Y•••• Page 35 of 39 02/28/2006 16:21 5617409981 PJ 5 LANDCLEARING PAGE 10 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 I 0aa000YYaa0Y a Y Y Y a Y a Y Y e a Y Y a a.a..YYaa0Y a Y S Y e Y a Y Y Y O Y a Y Y Y a Y e Y e e a Y Y e Y S Y Y Y. a Y a Y Y a Y Y Y Y Y V 9 Y• When the Principal is a Sole Proprietorship or operated under a Trade Name: Signed, sealed and delivered in the presence of: Witness . Name of Partnership By: Address Partner Witness Printed Name of Partner Address (Seal) aaaaa• a a a a a a a a a a a a a a a a a a a a a a a a a a a Y a Y a a Y Y a l a a a a a 0 aaaaa as aaaaO as as aaaYaaaa aaallaaaaaaaY• When the Principal is a Partnership: Signed, sealed and delivered in the presence of: Witness Name of Partnership By: Address Partner Witness Printed Name of Partner Address (Seal) raaaaa a a a a a Y a a a a a a aaaaa as aaa a a a Y a a a a a a a a a a a s a 0 40a4aaaaa a a a a a a a a a a a Y a a a a a a a a a s a a a a a a a as Page 36 of 39 02/28/2006 16:21 5617409981 PJ S LANDCLEARING PAGE 11 When the Principal is a Corporation: Attest: Secretary Certificate as to Corporate Principal P.J. is Land Clearing & Excavating, Inc. N'"of Corporation A / By: Corporate Seal) 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 Cornorate Surety: Attest: [rIGIGizG ,7 RLI RLI Insurance Company Secretary Corporate Surety P.O. Box 540517 FreennereG F1 33454-0517 Business Ad By: _ x Corporate Seal) John S. Harris Attorney -hi -Fact Coastal Bonding, Inc. Name of Local Agency 11924 Forest Hill Blvd., Suite 22-323 Wellington, FL 33414 Business Address Page 37 of 39 02/28/2006 16:21 5617409981 PJ S LANDCLEARING PAGE 12 State of Florida County of Palm Beach Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared John S. Harris , to me well known, who being by me first duly sworn upon oath, says that he is the attomey-in fact for the RLI Insurance Company and that he has been authorizedby RLI Insurance Company to execute the foregoing bond on behalf of the Contractor named therein in favor of the County of iudianAiver, FjoFida. Subscribed and sworn before me this 2 i s t . day of Notary Public, Page 38 of 39 20,.QL. RLI Surety RLI A Division of RL/ Insurance Company P.O. Box 3967 Peoria, IL 61612-3967 Phone: 309-692-1000 Fax 309-692-8637 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: in the City of Wellington RLI , State of Florida caused these presents to be executed by its President with its corporate seal affixed this its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "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, any Assistant Secretary, Treasurer, or any Vice 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." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its President with its corporate seal affixed this 14th day of September , 2005 NO ......-W G0IM1P0g4r4F State of Illinois 1 ` ••. SEAL County of Peoria ISS '••.• N 0N`',0`��. On this 14th day of September 2005 , before me, a Notary Public, personally appeared Jonathan R Michael , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By:a,goL Jacquet ne M. Bockler _ - Notary Public "OFFICIALOTARY SEAL" srne oe JACQUELINE M. aOCKLER M1aINOM COMMISSION EXPIRES 09/01/06 0948469030106 RLI Insurance Company Jonat n E. 1c ael President CERTIFICATE 1, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company this 21st . day of March , 2006 RLI Insurance Company Jonat an E. tc ael President A0059D03 itr 3/15/2006 09:49 Lion Insurance Company LION INSURANCE -*INDIAN RIVER CO 1/1 ACORD TN CERTIFICATE OF LIABILITY INSURANCE 3nsn006 Producer: Lion Insurance Comp" 2739 U.S. HigMray 19 N. Holiday, FL 34691 Phone: 727-938-5562 Fax: 727-9374138 This CereRcate Is Issued as a matter of Information only and confers no rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policies below. Insurers Affording Coverage NAIC # Insured: South East Personnel Leasing, Inc. 2739 U.S. Highway 19 N. Holiday, FL 34691 Phone: (727)938-5562 Insumr A: Lion Insurance Company 11075 Insurer 6: Insurer C: Insurer 0: nsumr E: Coverages po OBa insmarce ere low a ears Issue w Prawn name ewe wmep iry period in care Notwn math any requirement, helm or cori of any contract or aft r docunrunt with respect which his ce'eficate may be issued or may pattern. me insurance afforded by the pdicie9 described herein is subjecm al me rertns, exclusions, and condmote of such policies. Aggregate limits shown may hare been reduced Cry padclaims. MSR LTR ADDI. wsRD Type of Insurance Policy Number Polity Effective Data (MM/DD/YY) Policy Expiration Data (MM/DD/YY) Limits GENERAL LIABILITY TCommerclal General Uabifity Claims Mede Occur Each Occurrence $ Damage ro ranted petNses (EA ocmnenca) $ Med Exp $ Personal Adv Injury $ arsenal aggregate limit applies per: POliry ❑ Pr%act ❑ IOC 6eneralA9gregev 8 Produce-ComprOp Agg E AUTOMOBILE LIABILITY Ani At Owned Autos Scheduled Autos Hired Aurae Nor- med Autos Combined Engle umd (EA Accident) $ Bodily njury iPer Peri $ Body I^1ury (Per Accident) Property Damage (Per Accident) $ GARAGE LIABILITY AM Auto Amo Only Ea Accident Omer inch EA Acc. Autos OMy. AGG. s 8 EXCESSIUMBRELLA LIABILITY Occur ❑Claims Mede Dewcnbl6 Retention Each occurrence Aggregate A Workers Compensation andWC Employers' Liability Any pmpriamryper!rear/execuliw officer/memberE.L. excluded? ee underspcial provisionsba IfYs, describe lalow. 71849 0101/01/2006 011012007 X WC usr: tory limits OTH. ER Eaeh Aceident 81000000 E.L. Disseae-Ee Employer 410000W E.L. Disease - Policy Limas l liunl 00 Orae 1167260 PJ's Land Clearing & Excavating COVERAGE APPLIES ONLY TO THOSE EMPLOYEES LEASED, NOT TO SUBCONTRACTORS. Descriptions of OperatlanaLocstlonsNeMCNSIEsclwbna eased by EMoreemorNspsdsl Provisions: ADD ON DATE: 7/19/2000 COVERAGE APPLIES ONLY IN THE STATE OF FLORIDA TO THOSE EMPLOYEES LEASED TO BUT NOT SUBCONTRACTORS OF PJ's Land Clearing & Excavating' FAX: 561-740-9981 & 772-226-1989 ASSUE 03.1 Si (TO) Lion Insurance Company is A.M. Best Company rated A- (Excellent), AMB # 12616 CERTIFICATE HOLDER CANCELLATION INDIAN RIVER COUNTY 1840 26TH STREET VERO BEACH FL 32960 ShOm any oidN above described po4cles be cancelled beforese emirmon data marea, uw isaung Insurer Mn endeavorto mail 30 dayswniten were to the certificate Felder named tote lee, ord failure to do so 9484 impose M coronation or 4ebiliry of ant i0M Won me insurer, its agents or represonc eves. IW) ACORD CORPORATION 1988 PICU eun_M I nNINI ACORD. CERTIFICATE OF LIABILITY INSURANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DAT DIYYYY) LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE I—XIOCCUR MPG40944 ' 3/9/2006 3//14/214/2 006 PRODUCER (561) 655-5500 $ 1,000,000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Acordia West Palm Beach ONLY AND CONFERSNORIGHTS UPON THE CERTIFICATE 501 South Flagler Drive, Suite 600 West Palm Beach, FL 33401-5914 PERSONAL B ADV INJURY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ' AUTHORIZED REPRESENTATIVE _ GENERAL AGGREGATE $ 21000,000 GENT INSURERS AFFORDING COVERAGE PRODUCTS -COMPIOPAGG NAIC # INSURED PJ's Landclearing 6 Excavation Services,lnc P. O. Box 540517 Greenacres, FL 33454 r(e$UNEad:-Old Dominion Insurance Company A INSURED B Owners Insurance Co LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS B1 G40944 I•,, INSURER C:""-«✓ „ 3/9/2007 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ INSURER D: X BODILY INJURY (Per accident) $ X INSURER E PROPERTYDAMAGE-�.. (Per accident) $ COVERAGES 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 POLICIESDESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' POLICY EFFECTIVE POLICY EXPIRATION LTR NSR POLICY NUMBER DATE MMIDDYV A(MMI LIMITS A SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE I—XIOCCUR MPG40944 ' 3/9/2006 3/9/2007 EACH OCCURRENCE $ 1,000,000 X pREMlses Ea occurance $ 51 MED EXP (Any one person) $ 101000 PERSONAL B ADV INJURY $ 1,000,000 ' AUTHORIZED REPRESENTATIVE _ GENERAL AGGREGATE $ 21000,000 GENT AGGREGATE LIMIT APPLIES PER. PRD- LOC POLICY F1 PRODUCTS -COMPIOPAGG $ 230009000 X A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS B1 G40944 3/9(2006 3/9/2007 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ X X BODILY INJURY (Per accident) $ X PROPERTYDAMAGE-�.. (Per accident) $ GARAGE LIABILITY ANYAUTO- AUTO ONLY - EA ACCIDENT 8 - OTHER THAN EA ACC AUTO ONLY: ,.AGG. $ $- EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ - EACH OCCURRENCE $, AGGREGATE S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY ANV PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDEDt+ Byes, tlescdbe under SPECIAL PROVISIONS below - WC STATU- TORY LIMITS TH- ITR-- ER E.L. EACH ACCIDENT $ EL DISEASE - EA EMPLOYEE $ E . DISEASE -POLICY LIMIT $ B OTHER Commercial Inland Marine 20572277-06 3/9/2006 3/9/2007 All Risk / $1,000 tied $2,297,767 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS Certificate holder is an additional insured with respect to general liability Fax -740-9981 CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001/08) © ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Indian County 1840 25tthhSt S DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN — Vero Beach, FL 32960- NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER; ITS AGENTS OR REPRESENTATIVES. ' AUTHORIZED REPRESENTATIVE _ —i1 ACORD 25 (2001/08) © ACORD CORPORATION 1988 EXHIBIT A INSURANCE REQUIREMENTS 1.0 INSURANCE: 1.1 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 protections afforded by the CONTRACTOR's insurance. 1.2 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. 1.3 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 be performed. Commercial General $1,000,000 combined liability single limit for (other than automobile) bodily injury and property damage A) Premises/Operations B) Independent Contractors C) Products/Completed Operations D) Personal Injury E) Contractual liability F) Explosion, collapses and underground property damage Commercial Automobile $1,000,000 Combined and Damage liability single limit for Bodily Injury and Property Damage A) Owned/leased Automobiles B) Non -Owned Automobiles C) Hired Automobiles 1.4 Builder's Risk Insurance• The, C'ontrectcr shall preeure and shall maintain builder'sk insufance ("all risk" with limits equal te one hundred per-eent 0 ) of the eempleted 3iralue of: stfuettife(s), building(s), or addition(s). it shall include a Waivef Of: Oeeupaney Endorsement te enable tlq.e Fnashinery or equipment, the pokey must be endefsed to pfavide coverage during transit and installatien. The maximum deduetible allowable tinder this eevefage is $500.00 per elaim. 1.5 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. Copies of an endorsement -naming OWNER as Additional Name Insured must accompany the Certificate of Insurance. END OF EXHIBIT A Page 39 of 39