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2004-188
MEN ORIGINAL Indian River County Purchasing Division q �� 262519`h Avenue Vero Beach , FL 32960-3335 -- Phone (772) 567-8000 Fax (772) 770-5140 CONTRACT DOCUMENTS Project Name : Fellsmere and Roseland Recycling Center Landscaping Bid # : 6052 Owner : Indian River County Solid Waste Disposal District Dr. Tanhum Goldshmid, Assistant Managing Director 1325 SW 74TH AVENUE , VERO BEACH, FL 32968 Phone : (772) 770 -5113 Fax : (772 ) 770-5296 Engineer : Camp Dresser & McKee Inc . , Martin J. Lewis , P . E . , Project Manager Phone : (772) 2314301 Fax : (772) 2314332 Architect : John H. Dean Architects Phone : (772) 5674907 Fax : (772) 569-3939 6706 -38666\7/21 /04 Page 1 of 59 VRB TABLE OF CONTENTS ADVERTISEMENTFOR BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . I . . . . . . . . . . . . . . . . . . . . . . . 3 INSTRUCTIONS TO BIDDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 SPECIALPROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 SUBMITTALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 DELIVERY. STORAGE AND HANDLING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 TECHNICAL SPECIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 DRAWINGINDEX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . 27 BIDFORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 BIDBOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 AFFIDAVITOF COMPLIANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 WARRANTY INFORMATION FORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 SWORN STATEMENT UNDER SECTION 287 . I33 ( 3 )n) FLORIDA STATUTES ON PUBLICENTITY CRIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 SWORN STATEMENT UNDER SECTION 105 . 08 INDIAN RIVER COUNTY CODE ON DISCLOSURE OF RELATIONSHIPS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . 111 . . . 43 BIDDERQUESTIONNAIRE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 PerformanceBond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 PaymentBond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . 1 . . . . . . . . . . 52 Agreement , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I & * * I . . . . . see 5 7 Exhibit A — Insurance Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 6706 -38666\2/5 /04 Page 2 of 59 VRB ADVERTISEMENT FOR BID Notice is hereby given that the Indian River County Board of County Commissioners as Commissioners of the Solid Waste Disposal District ( SWDD) is calling for and requesting bids for the following : SWDD Bid #6052 Fellsmere and Roseland Recycling Center Landscaping Indian River County (IRC) on behalf of the Solid Waste Disposal District is accepting sealed bids to provide, transplant, and install landscape plants at the Fellsmere and Roseland Recycling Centers . The project consists of root pruning existing trees located at the IRC Landfill prior to transplantation at the Recycling Centers . The contractor will transplant all necessary trees and plants available and provide any other plants in order to complete the project in accordance with the plans and specifications . The project includes the installation of irrigation systems at the Fellsmere and Roseland Recycling Centers . The project also includes a three- year maintenance agreement for the maintenance of the landscape plants shown in the plans and specifications to be paid yearly. The County has the right to review the maintenance agreement for an additional three years at their discretion . Detailed Plans and Specifications for the above may be obtained from CDM , 1701 Highway A- 1 -A, Suite 301 , Vero Beach, Florida 32963 , phone : 772 -231 -4301 , or fax 772 -231 -4332 for a non-refundable fee of $ 25 . 00 to cover the cost of reproduction. There is a Pre- Bid conference scheduled for Wednesday, February 18 , 2004 at 2 : 00 PM at the Indian River County Landfill Conference room located at Indian River County Landfill , 1725 74th Avenue SW, Vero Beach, Florida, (772) 567- 8000 ext 1835 . Deadline for receipt of bids has been set for 2: 00 P. M. on March 3, 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 : February 9 , 2004 and February 13 , 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 6706 -38666\2/6/04 Page 3 of 58 VRB INSTRUCTIONS TO BIDDERS DEFINITION OF TERMS 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 . 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. 3 . Bidder : Any person, firm, corporation, organization or agency submitting a bid for the work proposed or a duly authorized representative . 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 . 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 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 . 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 . 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 . 9 . Engineer: Camp Dresser & McKee Inc . , Martin J . Lewis , P . E . , Project Manager, Tel : (772) 231 -4301 , Fax ( 772) 231 -4332 10 . OWNER or County: Board of County Commissioners , INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ( SWDD) or its authorized representative . 11 . Plans : Drawings or reproductions thereof may be purchased from the Engineer for $ 25 . 00 for the cost of reproduction . 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 Indian River County Solid Waste Disposal District are hereby adopted and made a part hereof as specifications . 6706 -38666\2/5 /04 Page 4 of 59 VRB 13 . Subcontractor: Any person, firm or corporation other than the CONTRACTOR supplying labor or materials for work being performed under these specifications . 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 . 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 . 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 . SPECIFICATIONS 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. 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 : 1 . Addenda or modifications of any nature, if any 2 . Supplementary conditions , if any 3 . Technical specifications , if any 4 . Special provisions 5 . General conditions 6 . Instructions to bidders 7 . Bid form 8 . Invitation to bid 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 . 6706 -38666\2/5/04 Page 5 of 59 VRB BOND REQUIREMENTS Bond requirements , if any, are detailed in the section entitled Special Provisions . PREPARATION OF BIDS 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. 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 . 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 . 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 . 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. No alternate bids shall be submitted unless specifically requested in the Invitation to Bid documents . QUALIFICATIONS OF BIDDERS 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 . RECEIPT AND OPENING OF BIDS 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. 6706 - 38666\2/5 /04 Page 6 of 59 VRB 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 . Bids shall be opened and publicly read at the time and place indicated in the Invitation to Bid . CONSIDERATION OF BIDS AND AWARD OF CONTRACT 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 . 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 . 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. 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 . 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 . If the bid of the next bidder is accepted, this acceptance shall bind such bidder as though he were the original successful bidder . ACCEPTANCE OF OFFER 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 . PERFORMANCE All material and parts shall be bid F . O . B . Destination, at the job site . 6706- 38666\2/5 /04 Page 7 of 59 VRB CONFLICT OF INTEREST 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. ADDENDA 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 . (Remainder of page left intentionally blank . ) 6706- 38666\2/5 /04 Page 8 of 59 VRB GENERAL CONDITIONS RESPONSIBILITIES OF THE CONTRACTOR 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. 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 . 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 : 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. 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 . Nothing contained in this contract shall create any kind of contractual relationship between the SUBCONTRACTORS and the OWNER . 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. Responsibility for Damages : The CONTRACTOR shall indemnify and hold harmless the OWNER and its officers and employees from all liabilities , damages , losses and costs including but not limited to reasonable attorney ' s fees 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 negligence , recklessness or intentional wrongful misconduct of the CONTRACTOR, and any persons employed by the CONTRACTOR in the performance of these contracts 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 . 6706 - 38666\2/5 /04 Page 9 of 59 VRB 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 in connection with this contract shall be, or be made , a party to any litigation with respect to arising out of, or related to , this contract, to the extend caused by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR and persons used by the CONTRACTOR in performance of this contract, the CONTRACTOR shall pay all judgments , decrees and costs , including reasonable attorney's fees , incurred by or imposed upon, the County in connection therewith. Insurance : 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 . 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 workers compensation statute, the CONTRACTOR shall provide adequate coverage for the protection of such employees . 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 and ENGINEER shall be an additional named insured on this insurance with respect to all claims arising out of the operations or work to be performed. Proof of Insurance : The CONTRACTOR shall furnish the OWNER a certificate of insurance in a form acceptable to the OWNER for the insurance required . Such certificate or an endorsement provided by the CONTRACTOR must state that the OWNER will be given thirty (30) days written notice prior to cancellation or material change in coverage . 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 . The COUNTY will obtain site plan approval and will pay all site impact fees , if any. An existing Right of Way permit for the Roseland Convenience Center is Attached to this document . 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 . 6706 - 38666\2/5 /04 Page 10 of 59 `IR$ 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. 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 al 1 claims for labor and materials employed or used in the construction of said work have been settled and no legal 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 . CONDUCT OF THE WORK All 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. 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 . 6706 - 38666\2/5 /04 Page 11 of 59 VRB SAFETY AND PROTECTION 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 . 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 all 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 . TERMINATION/DEFAULT 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 . DELAY 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. 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 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 . 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 . 6706 - 38666\2/5/04 Page 12 of 59 VRg WARRANTY/GUARANTEE 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 . 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. 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 . 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 . Asbuilt Drawing Requirements Prior to Final Acceptance, the CONTRACTOR shall submit to the OWNER two (2) sets of Asbuilt Plans . This plan set shall show the exact way in which the installation was constructed, including all changes during the course of the project . As a minimum, the plan set shall show the following : The CONTRACTOR shall correct any errors to the As-Built plans upon review by the ENGINEER before Final Acceptance is complete . Contractor shall show the approximate location of all Irrigation lines installed during the course of the project on the plans . NOTICES 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 . Notices to the County shall be deemed to have been properly sent when mailed to the Indian River County Solid Waste Disposal District to the attention of the Managing Director, 1840 25th Street, Vero Beach, Florida 32960 . DISPUTE 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 Indian River County Utilities Director, on behalf of the Solid Waste Disposal District, 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 . 6706 - 38666\2/5 /04 Page 13 of 59 VRB The Indian River County Utilities Director, on behalf of the Solid Waste Disposal District, 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 Indian River County Utilities Director , 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 the convenience of the County, and/or with or without cause . 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. PUBLIC ENTITY CRIMES 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 . PUBLIC DISCLOSURE STATEMENT 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 : 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. 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 . 6706 - 38666\2/5 /04 Page 14 of 59 VRB SPECIAL PROVISIONS SCOPE These Special Provisions shall supplement the General Conditions and shall govern purchases by the Indian River County Solid Waste Disposal District under these Specifications , except that technical specifications, if any, will govern if any conflict arises between such technical specifications and these Special Provisions . DESCRIPTION OF THE WORK/ALTERATIONS The work for this project shall consist of Landscape improvements to the Fellsmere and Roseland Recycling Centers operated by the Solid Waste Disposal District of Indian River County, Florida. The work shall consist of root pruning trees and plants located at the Indian River County Landfill in preparation for transplantation to the Fellsmere and Roseland Recycling Centers . After approximately 70 days but no longer than 90 days the root pruned trees and shrubbery will be transplanted to the Fellsmere and Roseland Recycling Centers in accordance with the plans . Supplementary plant will be purchased by the Contractor in order to complete the landscaping in accordance with the plans and specifications . The Contractor shall provide a new irrigation system as shown on the plans and specifications . The Contractor shall provide three years of maintenance to the trees and plants installed as part of this project . The OWNER may renew at their discretion the maintenance portion of the contract for another three year period at the end of the maintenance period of this contract . The Contractor shall warrant all trees and plants installed as part of this contract for a period of one year from the notice of completion except those plants that were transplanted from the Indian River County Landfill . 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. 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 . 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. COMMENCEMENT OF WORK The work shall commence immediately upon receipt of a Notice to Proceed . 6706 -38666\2/5 /04 Page 15 of 59 VRB TIME OF COMPLETION The work shall be completed within the time slated on the bid as time required to complete all work . CONTRACT PRICE 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 final 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 . 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 . EXAMINATION OF THE SITE 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 . The work site may be visited on their normal operating hours between 7 : 00 a. m . and 6 : 00 p . m . The Fellsmere Recycling Center ( 12510 C . R. 510 , Fellsmere, Florida 32948 ) is closed Wednesdays and Thursdays , the Roseland Center (7860 1301h Street, Roseland, Florida, 32958 ) is closed Tuesdays and Wednesdays . The Solid Waste Disposal District office is located at 1325 SW 74th Ave, Vero Beach, Florida 32968 and is open from 7 : 00 a. m. to 5 : 00 p . m . daily. 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. 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. 6706 - 38666\2/5 /04 Page 16 of 59 VRB BONDS 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 SOLID WASTE DISPOSAL DISTRICT 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 a Payment Bond and Performance Bond as specified herein has been received by OWNER. 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 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 . 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 . 6706 -38666\2/5 /04 Page 17 of 59 VRB SUBMITTALS PART 1 : GENERAL 1 . 01 DESCRIPTION OF REQUIREMENTS A. This Section specifies the general methods and requirements of submissions applicable to the following work-related submittals : Shop Drawings , Product Data, Samples , Construction Photographs , and Construction or Submittal Schedules . Additional general submission requirements are contained in the General Conditions . Detailed submittal requirements will be specified in the technical specifications sections . B . All submittals shall be clearly identified by reference to Specification Section, Paragraph, Drawing No . or Detail as applicable . Submittals shall be clear and legible and of sufficient size for sufficient presentation of data. 1 . 02 SHOP DRAWINGS , PRODUCT DATA, SAMPLES A . Shop Drawings 1 . Shop drawings , as defined in the General Conditions , and as specified in individual work Sections include, but are not necessarily limited to , custom-prepared data such as fabrication and erection/installation (working) drawings , scheduled information, setting diagrams , actual shop work manufacturing instructions, custom templates , special wiring diagrams , coordination drawings , individual system or equipment inspection and test reports including performance curves and certifications , as applicable to the Work. 2 . All shop drawings submitted by subcontractors for approval shall be sent directly to the CONTRACTOR for checking . The CONTRACTOR shall be responsible for their submission at the proper time so as to prevent delays in delivery of materials . 3 . The CONTRACTOR shall check all subcontractors ' shop drawings regarding measurements , size of members , materials, and details to satisfy himself that they conform to the intent of the Drawings and Specifications . Shop drawings found to be inaccurate or otherwise in error shall be returned to the subcontractors for correction before submission thereof. 4 . All details on shop drawings submitted for approval shall show clearly the relation of the various parts to the main members and lines of the structure, and where correct fabrication of the work depends upon field measurements , such measurements shall be made and noted on the drawings before being submitted for approval . 5 . Submittals for equipment specified under Divisions 02 , 03 and 11 and shall include a listing of all installations where identical or similar material has been installed and been in operation for a period of at least one year. B . Product Data 1 . Product data as specified in individual Sections , include , but are not necessarily limited to , standard prepared data for manufactured products 6706 - 38666\2/5 /04 Page 18 of 59 VRB (sometimes referred to as catalog data) , such as the manufacturer' s product specification and installation instructions , availability of colors and patterns , manufacturer' s printed statements of compliances and applicability, roughing- in diagrams and templates , catalog cuts , product photographs , standard wiring diagrams , printed performance curves and operational-range diagrams , production or quality control inspection and test reports and certifications , mill reports , product operating and maintenance instructions and recommended spare-parts listing and printed product warranties , as applicable to the Work. C . Samples 1 . Samples specified in individual Sections , include, but are not necessarily limited to , physical examples of the work such as sections of manufactured or fabricated work, small cuts or containers of materials , complete units of repetitively-used products , color/texture/pattern swatches and range sets, specimens for coordination of visual effect , graphic symbols and units of work to be used by the ENGINEER or OWNER for independent inspection and testing, as applicable to the Work . 1 . 03 CONTRACTOR' S RESPONSIBILITIES A . The CONTRACTOR shall review shop drawings , product data and samples , including those by subcontractors, prior to submission to determine and verify the following : 1 . Field measurements 2 . Field construction criteria 3 . Catalog numbers and similar data 4 . Conformance with the Specifications B . Each shop drawing, sample and product data submitted by the CONTRACTOR shall have affixed to it the following Certification Statement including the CONTRACTOR's Company name and signed by the CONTRACTOR : " Certification Statement : by this submittal, I hereby represent that I have determined and verified all field measurements , field construction criteria, materials , dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings and all Contract requirements . " Shop drawings and product data sheets 11 -in x 17 -in and smaller shall be bound together in an orderly fashion and bear the above Certification Statement on the cover sheet . The cover sheet shall fully describe the packaged data and include a listing of all items within the package . Provide to the Resident Project Representative a copy of each submittal transmittal sheet for shop drawings, product data and samples at the time of submittal of said drawings , product data and samples to the ENGINEER . C . The CONTRACTOR shall utilize a 10-character submittal identification numbering system in the following manner: 1 . The first character shall be a D , S , P , M , or R, which represents Shop/Working Drawing and other Product Data (D ) , Sample ( S ) , 6706-38666\2/5 /04 Page 19 of 59 VRB Preliminary Submittal (P) , Operating/Maintenance Manual (M) , or Request for Information (R) . 2 . The next five digits shall be the applicable Specification Section Number, 3 . The next three digits shall be the numbers 001 -999 to sequentially number each initial separate item or drawing submitted under each specific Section number. 4 . The last character shall be a letter, A-Z , indicating the submission, or resubmission of the same Drawing, i . e . , " A= 1st submission, B=2nd submission, C=3rd submission, etc . A typical submittal number would be as follows : D -03300- 008 -B D = Shop Drawing . 03300 = Specification Section for Concrete . 008 = The eighth initial submittal under this specification section . B = The second submission ( first resubmission) of that particular shop drawing . D . Notify the ENGINEER in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents . E . The review and approval of shop drawings , samples or product data by the ENGINEER shall not relieve the CONTRACTOR from his/her responsibility with regard to the fulfillment of the terms of the Contract . All risks of error and omission are assumed by the CONTRACTOR and the ENGINEER will have no responsibility therefore . F . No portion of the work requiring a shop drawing, sample, or product data shall be started nor shall any materials be fabricated or installed prior to the approval or qualified approval of such item . Fabrication performed, materials purchased or on-site construction accomplished which does not conform to approved shop drawings and data shall be at the CONTRACTOR' s risk. The OWNER will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. G . Project work, materials , fabrication, and installation shall conform to approved shop drawings , applicable samples , and product data. 1 . 04 SUBMISSION REQUIREMENTS A . Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B . Each submittal , appropriately coded, will be returned within 15 working days following receipt of submittal by the ENGINEER. 6706-38666\2/5 /04 Page 20 of 59 VRB C . Number of submittals required : 1 . Shop Drawings as defined in Paragraph 1 . 02 A : Six (6) copies . 2 . Product Data as defined in Paragraph 1 . 02 B : Six (6) copies . 3 . Samples : Submit the number stated in the respective Specification Sections . D . Submittals shall contain : 1 . The date of submission and the dates of any previous submissions . 2 . The Project title and number. 3 . CONTRACTOR identification . 4 . The names of: a. CONTRACTOR b . Supplier C , MANUFACTURER 5 . Identification of the product, with the specification section number, page and paragraph(s) . 6 . Field dimensions, clearly identified as such . 7 . Relation to adjacent or critical features of the Work or materials . 8 . Applicable standards , such as ASTM or Federal Specification numbers . 9 . Identification of deviations from Contract Documents . 10 . Identification of revisions on resubmittals . 11 . An 8 -in x 3 -in blank space for CONTRACTOR and ENGINEER stamps . 1 . 05 REVIEW OF SHOP DRAWINGS , PRODUCT DATA, WORKING DRAWINGS AND SAMPLES A . The review of shop drawings , data, and samples will be for general conformance with the design concept and Contract Documents . They shall not be construed : 1 . as permitting any departure from the Contract requirements ; 2 , as relieving the CONTRACTOR of responsibility for any errors, including details, dimensions , and materials ; 3 , as approving departures from details furnished by the ENGINEER, except as otherwise provided herein . B . The CONTRACTOR remains responsible for details and accuracy, for coordinating the work with all other associated work and trades, for selecting fabrication processes , for techniques of assembly, and for performing work in a safe manner. C . If the shop drawings , data or samples as submitted describe variations and show a departure from the Contract requirements which ENGINEER finds to be in the interest of the OWNER and to be so minor as not to involve a change in Contract Price or time for performance , the ENGINEER may return the reviewed drawings without noting an exception. D . Submittals will be returned to the CONTRACTOR under one of the following codes . 6706 - 38666\2/5 /04 Page 21 of 59 VRB Code 1 - " APPROVED " is assigned when there are no notations or comments on the submittal . When returned under this code the CONTRACTOR may release the equipment and/or material for manufacture . Code 2 - " APPROVED AS NOTED " is assigned when notations or comments have been made on the submittal pointing out minor discrepancies as compared with the Contract Documents . Resubmittal or confirmation is not necessary prior to release for manufacturing . Code 3 - " APPROVED AS NOTED/CONFIRM " . This combination of codes is assigned when a confirmation of the notations and comments is required by the CONTRACTOR. The CONTRACTOR may release the equipment or material for manufacture ; however, all notations and comments must be incorporated into the final product. This confirmation is to address the omissions and/or nonconforming items that were noted . Only the items to be " confirmed" need to be resubmitted . Code 4 - " APPROVED AS NOTED/RESUBMIT " . This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package . The Contractor may release the equipment or material for manufacture ; however, all notations and comments must be incorporated into the final product . This resubmittal is to address all comments , omissions and non-conforming items that were noted . Resubmittal is to be received by the ENGINEER within 20 calendar days of the date of the ENGINEER's transmittal requiring the resubmittal . Code 5 - "NOT APPROVED " is assigned when the submittal does not meet the intent of the Contract Documents . The CONTRACTOR must resubmit the entire package revised to bring the submittal into conformance . It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents . Code 6 - " COMMENTS ATTACHED " is assigned where there are comments attached to the returned submittal , which provide additional data to aid the CONTRACTOR. Code 7 - " FOR YOUR INFORMATION " is assigned when the package provides information of a general nature that may or may not require a response . Codes 1 through 5 designate the status of the reviewed submittal with Code 6 showing there has been an attachment of additional data. Code 7 is used as may be necessary. 6706-38666\2/5/04 Page 22 of 59 VRB E . Resubmittals will be handled in the same manner as first submittals . On resubmittals the CONTRACTOR shall direct specific attention, in writing on the letter of transmittal and on resubmitted shop drawings by use of revision triangles or other similar methods , to revisions other than the corrections requested by the ENGINEER, on previous submissions . Any such revisions that are not clearly identified shall be made at the risk of the CONTRACTOR. The CONTRACTOR shall make corrections to any work done because of this type revision that is not in accordance to the Contract Documents as may be required by the ENGINEER. F . Partial submittals may not be reviewed . The ENGINEER will be the only judge as to the completeness of a submittal . Submittals not complete will be returned to the CONTRACTOR, and will be considered "Not Approved" until resubmitted . The ENGINEER may at his/her option provide a list or mark the submittal directing the CONTRACTOR to the areas that are incomplete . G . Repetitive Review 1 . Shop drawings and other submittals will be reviewed no more than twice at the OWNER's expense . All subsequent reviews will be performed at times convenient to the ENGINEER and at the CONTRACTOR' s expense, based on the ENGINEER's then prevailing rates . The CONTRACTOR shall reimburse the OWNER for all such fees invoiced to the OWNER by the ENGINEER. Submittals are required until approved. 2 . Any need for more than one resubmission, or any other delay in obtaining ENGINEER' s review of submittals , will not entitle CONTRACTOR to extension of the Contract Time . H . If the CONTRACTOR considers any correction indicated on the shop drawings to constitute a change to the Contract Documents , the CONTRACTOR shall give written notice thereof to the ENGINEER at least seven working days prior to release for manufacture . I. When the shop drawings have been completed to the satisfaction of the ENGINEER, the CONTRACTOR shall carry out the construction in accordance therewith and shall make no further changes therein except upon written instructions from the ENGINEER. 1 . 06 DISTRIBUTION A . Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the ENGINEER. Number of copies shall be as required by the ENGINEER but shall not exceed 6 . 1 . 07 CONSTRUCTION PHOTOGRAPHS A . The CONTRACTOR shall have met the provisions of Division 1 . B . The film negatives shall be retained in the files of the CONTRACTOR until the completion of the project and shall then be turned over to the OWNER . 6706-38666\2/ 5 /04 Page 23 of 59 VRB 1 . 08 SCHEDULES A The CONTRACTOR shall meet the provisions of the Contract . 1 . 9 GENERAL PROCEDURES FOR SUBMITTALS A . Coordination of Submittal Times : Prepare and transmit each submittal sufficiently in advance of performing the related work or other applicable activities , or within the time specified in the individual work sections , of the Specifications , so that the installation will not be delayed by processing times including disapproval and resubmittal (if required) , coordination with other submittals , testing, purchasing, fabrication, delivery and similar sequenced activities . No extension of time will be authorized because of the CONTRACTOR' s failure to transmit submittals sufficiently in advance of the Work . 6706 -38666\2/5 /04 Page 24 of 59 VRB DELIVERY, STORAGE AND HANDLING PART 1 : GENERAL 1 . 01 SCOPE OF WORK A . This Section specifies the general requirements for the delivery handling, storage and protection for all items required in the construction of the work . Specific requirements , if any, are specified with the related item . 1 . 02 TRANSPORTATION AND DELIVERY A . Transport and handle items in accordance with manufacturer's instructions . B . Schedule delivery to reduce long-term on- site storage prior to installation and/or operation . Under no circumstances shall equipment be delivered to the site more than one month prior to installation without written authorization from the Engineer. C . Coordinate delivery with installation to ensure minimum holding time for items that are hazardous , flammable , easily damaged or sensitive to deterioration . D . Deliver products to the site in manufacturer's original sealed containers or other packing systems, complete with instructions for handling, storing, unpacking , protecting and installing . E . All items delivered to the site shall be unloaded and placed in a manner, which will not hamper the Contractor's normal construction operation or those of subcontractors and other contractors and will not interfere with the flow of necessary traffic . F . Provide necessary equipment and personnel to unload all items delivered to the site . G. Promptly inspect shipment to assure that products comply with requirements , quantities are correct, and items are undamaged . For items furnished by others (i . e . Owner, other Contractors) , perform inspection in the presence of the Engineer. Notify Engineer verbally, and in writing, of any problems . 1 . 03 STORAGE AND PROTECTION A. Store and protect products in accordance with the manufacturer' s instructions , with seals and labels intact and legible . Storage instruction shall be studied by the Contractor and reviewed with the engineer by him/her. Instruction shall be carefully followed and a written record of this kept by the Contractor. Arrange storage to permit access for inspection . B . Store loose granular materials on solid flat surfaces in a well - drained area . Prevent mixing with foreign matter. 6706 -38666\2/5 /04 Page 25 of 59 VRB C . Cement and lime shall be stored under a roof and off the ground and shall be kept completely dry at all times . All structural , miscellaneous and reinforcing steel shall be stored off the ground or otherwise to prevent accumulations of dirt or grease, and in a position to prevent accumulations of standing water and to minimize rusting. Beams shall be stored with the webs vertical . Precast concrete shall be handled and stored in a manner to prevent accumulations of dirt, standing water, staining, chipping or cracking . Brick, block and similar masonry products shall be handled and stored in a manner to reduce breakage, cracking and spalling to a minimum. D . All mechanical and electrical equipment and instruments subject to corrosive damage by the atmosphere if stored outdoors (even though covered by canvas) shall be stored in a weather tight building to prevent injury. The building may be a temporary structure on the site or elsewhere , but it must be satisfactory to the Engineer. Building shall be provided with adequate ventilation to prevent condensation . Maintain temperature and humidity within range required by manufacturer. 1 . All equipment shall be stored fully lubricated with oil, grease and other lubricants unless otherwise instructed by the manufacturer. 2 . Moving parts shall be rotated a minimum of once weekly to insure proper lubrication and to avoid metal-to -metal " welding" . Upon installation of the equipment , the Contractor shall start the equipment , at least half load, once weekly for an adequate period of time to ensure that the equipment does not deteriorate from lack of use . 3 . Lubricants shall be changed upon completion of installation and as frequently as required thereafter during the period between installation and acceptance . New lubricants shall be put into the equipment at the time of acceptance . 4 . Prior to acceptance of the equipment, the Contractor shall have the manufacturer inspect the equipment and certify that its condition has not been detrimentally affected by the long storage period . Such certifications by the manufacturer shall be deemed to mean that the equipment is judged by the manufacturer to be in a condition equal to that of equipment that has been shipped, installed, tested and accepted in a minimum time period . As such, the manufacturer will guaranty the equipment equally in both instances . If such a certification is not given, the equipment shall be judged to be defective . It shall be removed and replaced at the Contractor's expense . 6706-38666\2/5/04 Page 26 of 59 VRB TECHNICAL SPECIFICATIONS The technical specifications are attached to and are made part of this document : Division 0 Bidding and Contract Requirements 00470 Schedule of Values 00622 Contractor ' s Application for Payment 00900 Addenda DRAWING INDEX Sheet Number Description 0 Title Sheet 1 Fellsmere Transfer Station 2 Roseland Transfer Station 3 Roseland Irrigation 4 Irrigation Specifications 5 Roseland Survey 6706- 38666\2/5 /04 Page 27 of 59 VRB BID FORM Bidder NAS fl-r, L& 0 (Bidder ' s Name) hereafter called " CONTRACTOR" , hereby submits TO : INDIAN RIVER County Purchasing Department 2625 19th Avenue Vero Beach, Florida 32960 Attn : Fran Powell , Purchasing Manager Proj ect : Indian River County Bid # 6052 Project Name Fellsmere and Roseland Recycling Center Landscape Project 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 : 770gfAp Jvk. AyvWoAtp 4ytwfJS/X f //oo (see next page) 6706-38666\2/5/04 Page 28 of 59 VRB QUANTITY IND BID ITEM DESCRIPTION & PRICE BID PRICE B D LANDSCAPE PLANT ROOT PRUNING for FELLSMERE SIT UNITS WORDS) (FIGURES elling and delivering to the OWNER all necessary ser ' LumpSum ump Sum Price of materia ipment , supplies , and license fees inc g installation of _ all materials, eq ' ent, supplies, and all o a or, excavating, $ ' $ 5O ` . filling, permit fees, tax , ' urance eral administration and other h dollars and miscellaneous costs, overlie rofit for the root pruning of landscape plants loc t the Indian County Landfill in A00\ preparation it transplantation as detaile a lans and —=� ,r —cents Spec ' ions for a complete and fully operating probe of pruning 000 rvices shall include pruning approximately 10% more plan those shown on the plans andspecifications , .. LANDSCAPE PLANT ROOT PRUNING for ROSELAND SITE ,_,.--"' Lump Sum Price of11 ` elling and delivering to the OWNER all necessary seryiees, Lump Sum materia uipment, supplies , and license fees in ludifig installation of OdA 1Y9#f0iy all materials, a ent, supplies, and all gthetlabor, excavating, filling , permit fees, tax , ' urance, general administration and other sem tnkz dollackand miscellaneous costs, overhe , . , rofit for the root pruning of landscape plants lo c at the Indian County Landfill in A/D cents ` . preparation it transplantation as detaile lans and —' specons for a complete and fully operating prole of pruning ices shall include pruning approximately 10% more plan those shown on the plans andspecifications , t FELLSMERE LANDSCAPE IMPROVEMENTS (Transplanted Lump Sum Price jf ling and delivering to the OWNER all necessary s s, Lump Sum materials, ment, supplies , and license fees ' x4eing installation of 5� JbW fi�llkfT1 � � all materials, equi supplies, trans ion and all other labor, $ (P7 excavating, filling, pemut , insurance, general administration .S/X � (?� dollars and and other miscellaneoij s, ove and profit for the installation of all the lands ants shown on the p a specifications ° >� M cents includi ose plants located at the Indian River andfill and r transplantation at the Fellsmere site as detailed in the p d Y s ecifications for a complete and fully operating ro ' ect. r 6706 -38666\2/5 /04 Page 29 of 59 VRB e " QUANTITY TOTAL ITEM BID ITEM DESCRIPTION Continued & N0. PRICE BID PRICE BID UNITS (WORDS ) (FIGURES ) ROSELAND LANDSCAPE IMPROVEMENTS (Transplanted Tr Sum Price of ] ling and delivering to the OWNER all necessary se Lump Sum materia s, ment, supplies , and license fees i ng installation of all materials, equ t, supplies, trans n and all other labor, © n A excavating, filling, perrrn , insurance, general administration T s and other miscellaneous ov d, and profit for the installation of all the landsc ants shown on the p nd specifications includi se plants located at the Indian River t Landfill and cents ansplantation at the Roseland site as detailed in the and - specifications for a com Tete and full o eratin ro ' ect. il5 FELLSMERE IRRIGATION SYSTEM IMPROVEMENTS Lump Sum Price of For delivering to the OWNER all necessary services , materials , Allowance equipment, supplies, and license fees including installation of all Five Thousand Dollars and materials, equipment, supplies, transportation and all other labor, $ 5 000 . 00 excavating, filling, permit fees , taxes , insurance, general administration No Cents and other miscellaneous costs , overhead, and profit for improvements to be made to the Fellsmere irrigation system as shown on the plans and specifications for a complete and fully operating ro ' ect . 46 ROSELAND IRRIGATION SYSTEM INSTALLATION Lump Sum Price of For delivering to the OWNER all necessary services , materials , Lump Sum equipment, supplies, and license fees including installation of all 01a/b �¢ rf �%n✓K materials , equipment, supplies , transportation and all other labor, $ 24co excavating, filling, permit fees, taxes, insurance, general administration dollars and and other miscellaneous costs, overhead, and profit for the new AOd irrigation system shown on the plans and specification for the Roseland cents Recycling Center for a complete and fully operating roject, # 7 MAINTENANCE OF FELLSMERE LANDSCAPE PLANTS Lump Sum Price of For delivering to the OWNER all necessary services, materials, Lump Sum equipment, supplies, and license fees, equipment, supplies, tXj Vfib transportation and all other labor, excavating, filling, permit fees , taxes, $ o� fdcx� . insurance , general administration and other miscellaneous costs , �/✓�/�i dollars and overhead, and profit for the Maintenance of the Landscape plants shown on the plans and specifications for Three years from the date of p/a completion of the project. Services include mowing, pruning, fertilizing, cents maintenance of the irrigation systems for the Fellsmere Recycling Center. Owner has the option to renew maintenance contract for another three year period at the end of the original contract time. 6706 -38666 \2/5/04 Page 30 of 59 VRB QUANTITY TOTAL ITEM BID ITEM DESCRIPTION Continued & PRICE BID PRICE BID NO. UNITS WORDS ( FIGURES) #8 MAINTENANCE OF ROSELAND LANDSCAPE PLANTS Lump Sum Lump Sum Price of For delivering to the OWNER all necessary services , materials, equipment, supplies, and license fees , equipment, supplies,/ *t 40 b46?*f transportation and all other labor, excavating, filling, permit fees , taxes , $ insurance, general administration and other miscellaneous costs, k'►rdollars and overhead, and profit for the Maintenance of the Landscape plants shown on the plans and specifications for three years from the date of 1^4a cents completion of the project . Services include mowing, pruning, fertilizing, maintenance of the irrigation systems for the Roseland Recycling Center. Owner has the option to renew maintenance contract for another three year period at the end of the original contract time . TOTAL AMOUNT OF BID (IN FIGURES) : TOTAL BASE BID AMOUNT ( IN WORDS ) : six ry"A+/D F7yv�✓VAW S�Y[Vy S/n f N% Performance and Payment Bond: If the Contract amount exceeds $ 25 , 000. 00 please identify the cost of the Bond to be added to the Base Bid Amount in dollars Cost of Payment and Perfonnance Bond : ($ �A ) 6706- 38666\2/5/04 Page 31 of 59 VRB OWNER may substitute alternate bid items below for bid items above at their own discretion . ITEM QUANTITY TOTAL FFor TERNATE BID ITEMS DESCRIPTION & ALTERNATE PRICE BID PRICE BID NO. UNITS #2BLSMERE LANDSCAPE IMPROVEMENTS ( New Trees) Lump Sum Lump Sum Price oRDS ) (FIGURES ) selling and delivering to the OWNER all necessary services , materials, equipment , supplies , and license fees including installation of 1yy,�jgn s / all new nursery materials, equipment, supplies, transportation and all $- �Or 6 3 other labor, excavating, filling , permit fees, taxes , insurance , general administration and other miscellaneous costs, overhead , and profit for :�h� 7� dollars and the installation of all the landscape plants shown on the plans and 100 specifications for a complete and fully operating project without the use cents of transplanted materials from the Indian River County Landfill . All lants rovided under this item shall be warranted for one full year. #3B ROSELAND LANDSCAPE IMPROVEMENTS (New Trees) Lump Sum Lump Sum Price of For selling and delivering to the OWNER all necessary services, materials, equipment, supplies , and license fees including installation of all new nursery materials , equipment, supplies , transportation and all $ other labor, excavating, filling, permit fees, taxes, insurance, general d� dollars and 3874 administration and other miscellaneous costs, overhead, and profit for the installation of all the landscape plants shown on the plans and AA) cents specifications for a complete and fully operating project without the use of transplanted materials from the Indian River County Landfill . All tants provided under this item shall be warranted for one full year. Addenda : The following Addenda have been received and are included in the Base Bid : Addendum No . 1 Yes .4 Date Addendum No . 2 Yes _ Date Addendum No . 3 Yes _ Date Addendum No . 4 Yes — Date 6706- 38666\2/5/04 Page 32 of 59 VRB Time of Completion : The Work shall commence immediately upon execution of the Contract and shall be substantially complete on or before 120 consecutive calendar days thereinafter. The final completion shall be achieved within 30 calendar days after the substantial completion date . 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, MkW Name irm Address A 4vw gam+ , 3 ��7 Auth rize Signature City, State, Zip Code P �-Oct " (171) 2L-A?.__. Title Phone 3 SD I r4 Date Signed (Corporate Seal) E-mail : A I'1 C 4 NAOL Occupational License : 2 & 5 89 3 FEIN Number : 5o 0 0`16 d(o (0 ( ) 6706 -38666\2/5 /04 Page 33 of 59 VRB BID BOND KNOW ALL MEN BY THESE PRESENTS , that we N3'Nr4ga0 V , lAld / 9 ! S Sr. Vkav 8t- cN rL . 32n942 772 5914755as (BIDDER'S NAME; ADDRESS; AND PHON NUMBER) �- Principal , and _ AfIA e# Bj)A)Q 2* (SURETY ' S NAME) a corporation duly organized under the Laws of the State of Florida as a Surety with its principal offices in the City of Nil" and authorized to do business in the State of Florida, are held and firmly bound unto INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT (hereinafter called the OWNER) in the penal sum of _ ONE 7�`SAWO IWP yV,r•11alo 9"M /b Dollars ($ �.Zy$ ), 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 /VJ Ile# 3 4200 for the construction of Project Name : Fellsmere and Roseland Recycling Center Landscaping�Im_provements Bid Number: 1AG0 6052. Project Address : Indian River County Landfill 1325 SW 74`h Ave Vero Beach Fl 32968 Fellsmere Recycling Center 12510 CR 510 Fellsmere FL 32948 Roseland Recycling Center, 7860 130th Str, Roseland FL 32958 Project Description : Landscaping improvements to the Fellsmere and Roseland Recycling centers operated by the Indian River County Solid Waste Disposal District 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 . 6706 -3866612/5/04 Page 34 of 59 VAR e i . . K:UMENT UP TO THE LIGHT TO 11 VIEW TRUE WATERMARK " "� "yt n �"-" " - �* ' ' ; HOLD DOCUMENT UP TO THE LIGHT TO VIEW TRUE WATERMARK � : OFFICIAL CHEC �C • ashington Mutual Bank, Fn - - - - - - r 10-861M 870152114 M 1 ICHa r L T A ;4' C5WJ IN WORDS 'Al # ri THE A IOUNNI "T IN NU AT3EIRS WASHINGTON ' • $Q MUTUAL ON r R 'fsH CTSCTS. *Mar 10 , 2004 ONE THOUSAND TWO HUNDRED FORTY EIGHT DOLLARS AND 80 CENTS F �:w ,, Indian River County � DRAWER : Washington Mutual Bank , FA � �jj'm �� t a,... R AUTHORIZED SIGNATURE L REMITTER y Integrated Payment Systems Inc. , Englewood , Colorado To Citibank, N .A . , Buffalo, NY Natures land 1693 102 Ref . BID # 6052 BID Bond - _ _ _ _ 11' 0297GDo 118002200086848 2500870L52LL4911' IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this day of Mk204 , 20b+, 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 PRINCIPAL IS AN INDIVIDUAL : Signed , sealed and delivered in the presence of. Witness Signature of Individual Address Printed Name of Individual Witness Addres WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME : Signed , sealed and delivered in the presence of: Witness Name of Partnership Address BY : Partner Printed Name of Partner Witness (SEAL) Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6706 - 38666\2/5/04 Page 35 of 59 VRB WHEN THE PRINCIPAL IS A PARTNERSHIP : Signed, sealed and delivered in the presence of: Witness Name of Partnership BY : Address Partner Printed Name of Partner Witness (SEAL) Address noun me momommon monsoons moves us WHEN THE PRIN PAL IS CORPORATION . Atte t : A 1 0*401 Md Secrj .tar o C a ion BY : Affix Corpora A Printed Name �G { i Pr�iO�r Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL certify that I am the Secretary of the corporation named as Principal in the within bond ; that Int W (A , who signed the said bond on behalf of the Principal was then � / pC�T of said corporation : that I know his signature, and his signature thereto is ge uine; an that said Bond was duly signed, sealed and attested for and on behalf of S rpo a n aut ' ty of Its governing body. Secret (SEAL) 6706-38666\2/5/04 Page 36 of 59 VRB TO BE EXECUTED BY CORPORATE SURETY : , Attest : Secretary Corporate Surety Business dress BY : (Affix Corporate SEAL) (At h Power of orney) A rney-In-Fact Name of Local Agency Business Address STATE OF FLO A INDIAN RIVE COUNTY SOLID WASTE DISPOSAL DISTRICT Before me, otary Public, duly commissioned, qualified and acting, personally appeared , to me well known, who being by me first duly sworn oath , says t t he is the attorney-in- fact for the and that he has be authorized by to execute the foregoing bond on behalf of the ONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this day of 20 Notary Public, State of Florida My Commission Expires : 6706- 3866612/5/04 Page 37 of 59 VRB Any claims under this bond shall be addressed to : , Name and address of Surety Name and address of agent or representative in Florida if different from above : Telephone number of Surety and agent or representative in F rida : ( ) 6706-38666\2/5/04 Pa#Q 3 § PF59 VRB AFFIDAVIT OF COMPLIANCE Indian River County Solid Waste Disposal District Bid # 6052 for WL4.Wl 46 4 M40041 ❑ We DO NOT take exception to the Bid / Specifications . CXJ We TAKE exception to the Bid / Specifications as follows : A)6 /Aldi— ? ' S S, I ,QED 4W,4,C f*or /3) 36 " Zq Plv, MMAI CCY /Z " UT !dzis AECMEP m4mg444 6WAI 3 6M4,4 J jLAO ��Nac .rNoW ilk . 7D � (44tl R� BQ?S flNar CyOR�sl 4) UTILIZE RELY aN "Sr l°/�vi0� /O,pi� �iA/KlS2 �Od /n "ccH hu879 oTCf S vs� X 6 • w M yrs ,� ,®�,� � , vsc !s" gym. • -�r� > Company Name : M 1AAA0 . /A iLl o way Awjjt� Company Address : 5/ 9/ klltOto 647V A?� ?Z967 Telephone Number: _ �77Z- �8/ -- ¢ 75� Fax : 772.. 50 - 476'00 E-mail : /rte /ZO oP AOL , ev Authorized Signature :: [ Date: 3 fl Name : _ 6fWI5 0071f `Pl� ( l.�f' Title : (Typed / Printed) ,vo 17 w 9 /0 yrs Nims PCIL � i�J � nor Por U<f PA 014 rr6) SPgs . we kODrEV 9 gx n+ y C � > 'VI W AV (2,V ter" . YAlf#J 3 pX • #0 fil Mtn F& eaAL r" D UoWE jgr0jjVM (W WOUO) 1 6706-3866612/5/04 Page 39 of 59 VR$ WARRANTY INFORMATION FORM Indian River County Solid Waste Disposal District Bid # 6052 For 01! 1 6 dAl Make and Model of Proposed Equipment: Id Is therd a warranty on the proposed equipment? Yes No ❑ Does the warranty apply to all components or only part? (Please specify) Warranty period for parts : Warranty period for service : fo Nearest source to Indian River County for pa s and service : .j!!! M— 6 GD Who will provide service and where in the event of failure within warranty period ? Company Name : /y / / / �� , Phone : Address : Contact person : Will any voluntary service follow installation or delivery? Yes EX No ❑ If so , by whom? N (��'�G� /AII& When? Who is the highest authority (manufacturer, distributor, dealer, etc . . . ) fully behind this warranty? . 1VAT4L#ti" . IA/L#4 . A copy of the complete warranty statement is submitted he ewith : Yes El No e�19'1 3L& Kovc) ✓ S��ili i rlS . 6706 -3866612/5/04 Page 40 of 59 VRB SWORN STATEMENT UNDER SECTION 287 .I33 (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 . I QL° #tk665Z for F& Sm 2E� ¢ RoSEtA,100 Rezmavwv L A V544P4E Pian Tt2T 2 . This sworn statement is submitted by 1A/L40 whose business address is 5l9! SS"U' ST W VERO Bfbtl,N 0 AFL 0 327467 and ( if applicable) its Federal Identification No . (FEIN) is 6S' 09A 06440 . If entity has no FEIN, include the Social Security Number of the individual signing this sworn statement : 3 . My name is 45PPA94 L . DEPU and my relationship to the entity named above is PRS I QeV7 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 . 4 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 I understand that an "affiliate" as defined in Paragraph 287 . I33 ( 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 . 6706 -3866612/5 /04 Page 41 of 59 VRB 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) 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 perso affiliaMasbeen lace on the convicted vendor list. (Please describe any action tak pe , the epartment of General Services) Signature : O IrXJd Date : STATE OF COUNTY OF Personally appeared before me, the undersigned authority, ;wher first bei ig swom y me, affixed her signature in the space provided above n this 4day , � 20 Stateat large CGEORGINA A MOST n Expires : Exp. saw . ODW4919 r 6706-38666\2/5/04 Page 42 of 59 VRB 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 . I RC 605 2. for _&Aotity2we 4 905H,&4 969 yci4ij6 eAmxNL (fhrX�iPiyls PRO ?Et.T 2 . This sworn statement is submitted by: /VM/1E [�N7� (Name of entity submitting Statement) whose business address is : 5r 91 eeC, ST Morro MMO , PL 32967 and (if applicable) its Federal Employer Identification Number (FEIN) is 65S , 0 ?41%6 D (If the entity has no FEIN , include the Social Security Number of the individual signing this sworn statement ) 3 . My name is _ 97L�1/6J L. e py ft�f (Please print name of individual signing) and my relationship to the entity named above is pgdAllp6ur 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. 6706-3866612/5/04 Page 43 of 59 VRB 6 . Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this swom 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 : Name of Affiliate Name of County Commissioner Relationship or entity or employee ( a ure) b STATE OF (Date) COUNTY OF Thf regomg instrument was a owledged before me this day of1k1A& "dA' y 0wh is personally known to me or who has produced identification. NOTARY PUBLIC r SIGN : PRINT : tom' State of Florida at Large GWVAM NW My Commission Expires : W 0004919 (Seal) t 1 Msen�r �,p� 6706-38666\2/5/04 Page 44 of 59 VRB BIDDER QUESTIONNAIRE , The undersigned guarantees the truth and accuracy of all statements and answers herein contained : Ref Indian River County Solid Waste Disposal District Bid #6052 for (ELLS Ipe:P. 4 Ro6= Ad) I . How many years has your organization been in the business ? 14bu 2 . Number of employees " ON THE JOB " each weeks Zg Tj,..)nWn1 15i6 1 3 . Will you subcontract any part of this work ? If so, give details : Nb 4. List three (3 ) references of individuals or corporations for which you have performed this type work and to which your refer: 1) Firm $40ZMypA CWS Phone # ( 3�2. ) 25S - 71pol Contact zbA01*3 �I �iydr•lE, Pf,631 D�1' 2 ) Firm Gird OP"o Phone # Contact bpn� 3 ) Firm SUMN1ITT C00o57W4LTfO do Phone # ( ) r� r - 2a9 Contact pw"rp 4) Firm WAfAtGJ E • rKtUAMICZ Phone # - of' Contact WAU &) p4 d60j4q jcX � A51•,q , 5 . Have you ever failed to complete work awarded to you : ❑ Yes [X No if so , where and why? e146ftaJ ShVtSrVAJ , AArr if DuhsiwJ AW n 6 . What equipment do you own that is available for the work? J T S pkpr� &2, M 156° ,S Ve , S. D. VA)M5 7 — �, F-45a Twup (3) 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: i1} A'jU LVO , 1AdC Address : 6706-38666\2/5/04 Page 45 of 59 VRB STATEMENT OF NO BID J a If your company does not intend to bid, please return this form immedi elv to : Indian River County Purchasing Di Sion 2625 19th Avenue Vero Beach, Florida 3296 335 We, the undersigned, have declined to submit a bid for IR Bid # for For the following reasons : ❑ Specifications too "tight" (i . e . geared towa one brand or manufacturer only. ) ❑ Insufficient time to respond to the Invit ion to Bid ❑ Our Company does not offer this pro uct or service ❑ Our schedule would not permit o company to perform ❑ Unable to meet specifications ❑ Specifications unclear (Plea explain below) ❑ Unable to meet Insurance equirements ❑ Remove our Company om your "Bidders List" altogether ❑ Other (specify) : REMARKS : We underst d that if this STATEMENTOFNO &D is not executed and returned our Company maybe removed in the Purchasing Division ' s Bidders List for this commodity. Comp Name : Sign re : Te phone : Fax : -mail : 6706-38666\2/5 /04 Page 46 of 59 VRB 1549400 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN RIVER CO FL , BK : 1742 PG : 1313 , 06 / 07 / 2004 02 : 32 PM PERFORMANCE BOND Know all Inen by these presents: BV This Bond we Natureland , Inc . , 5191 85th St . , Vero Beach , FL ( '772 Y 5 8' I .' 4 7 5 �A ulama, pnncTtl btminm a ddras, sad tekptrooe number oCPtirrcipaUCarrtraetor) as Principal (Contractor) and Developers Surety S Indemnity Co . , P . O . Box 19725 , Irvine , CA (Insert name, ptinetipal Mninea:, and teleptam numbs of Sleety) 9 5 4 ) 6 9 3 - 0 2 7 0 a corporation. as Surety, are held and firmly bound unto the Indian Riva Conray Solid Waste Disposal District , 1840 25'" Street, Vero Beach, Florida 32960, ((772) 567-8000)9 inthesumof'Thirtt _ FU..�tP Thousand Forty - Six and 25 / 100 s * * * Dollen f�✓nnea Amouat) (S 35. , 04 6 . _2 5 1, amounting to 125% of the total bid price. For payment of said sum we bind (Numeric Amount) ourselves, our heirs, executors, administrations and astigns, jointly and severally, for the faithful Performance of a certain written Contract, idated the 18th day of May sad the In an River Co • 20 04 e0 into between the Principal vAty Solid Waste Disposal District, for; Bond Number: 5 3 2 2 0 3 P Project Name: Fellsmere and Roseland ttrruot:ne r' . * ldseaDinE max ovemems Bid Number: -IRC Bid: W52 - Project Address: lrtdian $iverCounty Landfill 1 » t 74m Ave Vero Beach Honda 1'30Fa Fellsm re Recvcline Cater 12510 CRst n e+ellsmere�Florida 3 Roseland Reevu:line Cents 78601 rn� Cn,..e t? i 56 Project Description: _Undseanine inwrovemetrts to ffie Fellam *++d Roact •s,' nccuch erttcrs aRmt_od by the Crehan Rivet runty Colid W err i t I,ieM nt 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 respect; comply with the terms and conditions of said Contract raid its obligations thereunder, including all of the Contract Documents therein referred to and rnade 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 Indian River County Solid Waste Disposal District against and from liabilities, damages, losses and costs, including reasonable attorney's fees, to the extent caused by due negligence, recklessness or intentional wrongful misconduct of Principal including y due 6706-3W6\2/5/o4 tent Page 47 of 59 VRB A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK BK : 1742 PG : 1314 infringement on the part of the Principal, his agents or employees, in the execution or performance of said Contract, and further, if the Principal shall promptly make payments to all who supply him with labor andlor materials used directly or indirectly by the Principal in the prosxutirk on of the Wo provided for in said Contract, then this obligation shall be null and void; otherwise, the Principal and Surety, jointly and severally, afire a to pay the Indian River County Solid Waste Disposal District the ditferance between the sum that the Indian River County Solid Waste Disposal District may be obliged to pay for the completion of said Work, by contract or otherwise, and any damages, whether dirtct, indirxt, or consequential, including reasonable attomey's fee (including appellate proceedings), which the Indian River County Solid Waste Disposal District may incur as a result of the failure of the Principal to properly execute all of the provisions of the Contract. And, the said Principal and Surety hereby further bind themsolvm, their successors, executors adminisautors and assigns, jointly and severally, that they will amply and fully protect the Indian River County Solid Waste Disposal District against, and will pay any and all amounts, damages, costs and judgmerns which may be recovered against or which the Indian River County Solid Waste Di&risposal �t may be called upon to pay to any person or corporation by reason of any damage ng performance of the laid 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 masoa 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 Conttvrt or to the work to be performed thereunder, or the Specifications or Drawings accompanying the same, shall inlay way effect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, is or addition is the terms of the Contract or to the work or to the Specifications or Drawings. And, the said Principal and Surety jointly and severally full covenant and agree that this Bond will remain in forum and effect for a period of one year comme�eian on the due of Final Completion u Disposal District. established sthe Certificate of Final Completion as issued by the Indian River County Solid Waste In Witness Whereof, the above bound paitics executed this instrument under their sweral seals, this 2nd dayof June 2004 the name and corporate seal of each corporate Parti'authority hereto affixedgoverning and these presents duly signed by its undersigned representative, pursuant to authority of its governing body, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ansurveDaewoo . . . . Owasso . . . . . . . . . . . . . . . . . . . . . . . . . . When the Principal is and Individu t : Slgned, sealed and delivered in the presence of Witness Signuttre of Individual Address Printed Name of Individual Address Printed Name of Individual Witness Address amonefts soon sea a ages am mambo * stages Samoa so man soon momeasafteofte * Beeman see man Reba Samoan 6706-38666\2/5/04 Page 48 of sq VRB ATRUE COPY CERTIMCATION ON LAST PAGE J K . BARTON , CLERK BK : 1742 PG : 1315 MM the is a Sole Proorie neali'p gated under a Trado Na Signed, spied and delivered in the presence of: Witness Name of Partnership Address By. Paynter Witness Printed Name of Partner . . . . . . :: . :: . . . . . . . . . . . . . . . . . . . . . aaaaaaaaaa asses aaaaaa : a' l1aaaa agaves name . . * goof . . �}Mn the 'urinal i : . Pea w• Stencilr scaled and delivered in the presence of: Witness Name of Parinetship Address BY Pattncr Witness Printed Name of Putner Addre as we ago anmo ;; . aaaagoes uses ameONsee me@ a too a " ess a . . a . . . oSeal� . . . . . . . . . . . . . . . . . . . . . . . Atte nci is a n: e�y Natureland Inc . e of By: (Affix Corporal Steven Le Deputy Printed Name President Official Title 6706-39666W5/04 Page 49 of 59 VRB A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK BK : 1742 PG : 1316 Certificate as to rporate •nAjpml certify that I am the Secretary of the corporation named as Pttnctpal to the wtthtn bond, the _ IL,ft oew�f iStzaatp,i who signed the said bond on behalf of the Principal was then P� � � i It t ...,o.w of $aid Corporation; that I know his signature, and his signature i was dully aigtred, sealed and attested for and ort behalf of d Beswine; that d Bond governing body. u aut ty of its (Seal) Secretary Tobe executed by 290 Sn Attest: Secretary Developers Surety S Indemnity Co . Corporate Surety P . O . Box 19725 T rvi nn , na 92623 Business Address r By. (Affix Corporate Seal) ` 7` :?,• ae`t ' e . ' Scott D . Altenhof '•. �` ' u 'a y , Attorney :.: : :: ':Zn� ' • Sid Banack Insurance � ^ Nruae of l.eeal Agency 2101 S . Waverly Place , # 200 - C - Melhrn, rnp FT 49nn1 State of Florida Business Address County of Brevard Before are, a Notary Public, duly commissioned, qualified and acting Personally appeared Scott Do A 1 t e n h o f , to me well known, who being by me fust duly swots upon oath, Bays that he is the attorneyin fact for the Surety Comp any and that he has been authorized. by Developers Surety 6 Indemnitybxeeutethe foregoing bond on behalf of the Contractor named therein in favor of the Indira River County Solid Waste Disposal District, Florida. 6706.3866612/5/04 Page 50 of 59 VRB ATRUE COPY CERTIFICATION ON LAST PAGE J.K BARTON , CLERK BK : 1742 PG : 1317 SubknW and sworn bofore me this MAUREEN E. HARVEY Notary Notary Public, SIM of (loft Stw of Rp IU D Ar My comm, exp. July 13, 2006 Comm. No. 00 011048 My CO1 Miwien expires: ? 3 S 67063166612/5/04 Pap 31 of 54 VRB ATRUE COPY CERTIFICATION ON LAST PAGE J. K. BARTON , CLERK BK : 1742 PG : 1318 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEVINITV COMPANY PO MIX 19725, IRVINE. CA 9262i 10491261-.1 .1110 "ous t n.Nen Dil"n.e0111 KNOW ALL HIEN Ii N' "THESE PRESENTS, that e\cepl ;is e \ rreNdv limited. DEVELOPERS SURETY .AND INDEMNITY COMPANY due% herehy make. cOrl Nf ltlle and appuml ' * * * Scott Altenhof, Michael W . Harris, jointly or severally * * * aN its true and lat% id Attnrneyisl-m-Fact. to make. erecule. Mmvr :md xknuulydee. fort :cod on behalf (It %; id corporation 6s surety. htmdN. wldertakmgis and contracts ill' sureWNhip giving and granting unto said Annrncy( zl-in-Fact till poucr :md aulhorny to do and n+ PCrfilnn every Jcl narsxaf) . requisite or proper to M done in cnnnecilon therctvilh as the corporaliun could do. but resin b:g to the corp imlinn hill power of suhsfinnion and n•vtwa ion. and all or the acts of said Atiornevla• in•f act . pnrsmam In these presents, are herehy ratified and umtirnled This PDwrr of Annntey is punted and is signed by facshnile anderuld by authority of the li+llnwing rrsoluliun adopted by the Hand of Direcunc n( DE\' ELOPERS SURFTY ANI) INDI -.. \1NITY COMPANY efIvctitca+ nl No+ enlher I . YNIIf� RESOLV F. D, that the Chairman of the Hoard, the PIVNi&III and any Vice President otlhe corlxn"alion be, and that each of them hereby N. authorized to e\ecule PooerN of Aim ney. quahtymg the A uorneyts bin. Fact named in the Power. nt Attornev h+ execute. on behalf of the cugomhon. horde. undertakm, and contracts tit smct%,%hlp. :nld that file Secioary or :sty AN,isl:ult Scciclary of the an)+nr;ninn he. and each of Item hereby is. aulhorrzcd to angel the aeculiun of ally such Power or Allovwv: RESOLVED. FURTHER.ER. Thal the sigm:Ilures of such oBicers may he -Nixed fo any such Power or Atlonlcy or to any certificate iclang Ihet'eto by facsinlde. and any such Power of Attorney or certificate hau'inu such facsimile .ignanves shall he valid and hording upon the corporation when so nRixctl ;cod in the folure wilh ra.pCcl to any hand• undcraking or contract of suretyship to which it IN attached. IN WITNESS \VHERhOt. DEVELOPERS SURETY AND INDF MNIIY COMPANY has caused Ihesr pn•senfN In he silted by its respecnar F. \rcmn'e Vice Presidenf ;cod aneslcd by its Secretary thl% I st d:n of ( ktohcr. -21 )0) . cl H .................. AND �H�''•. Da6d H . Rhone,. I \eeullve Vice- President ' h ;•VO '�l •'•. Z R : � Wi 16 • {7 fib ; - �-- : o� �;• d> '' •.. i o 1l'ahcr A . CnncCll. A STATE 01- C'ALIFORNI .A 1 IS S COU \TYOF ORANGE p On !ktohcr 1 . 211111 • before mV. Diane 1. Kawala. perwnally appeored Dm id IL Rhodes anal Waller A . Crowell. Personally known to lie for proved to n1C on file hasie of salrsl 'toury Cvideneel to he life persnro uha\C nous. -Ire NmhseriIwd to the within inslfunlcllf and aeklimvkdged to ole that they CWCu1Ctl the sone in their aulharvul eapacitiCs. and that by tllen ipl:nuns un : he in\Innncnt [lie cntily upon hchalt of which the Ne ons aeled, executed the mshttmcnt. WITNESS my hand :Ind oRicial %C: l ) Ys DIANE :. KAWATA QQry COMMs 1331146 A/ q pNotary PWc " Calibrrea Slgnlltlle• t. v' � PORANGE COUNTY Comm. Expires JAN. 6. 2006 CERTIFICATE I hr andel i •tell. as Senior Vice. Ill cel dent. UrI&I'k tor_ tit DEV ELOPERS SURETY AND INDEMNI rY C'OVtp, N \ Y, tines hcrchy sem ly Ilialtile lilrcgnin r Poucr of anornCy rernams m fill ImCC and has coq been recukrd, and tin lhCrmwe. that the plot IsionN of the rCsoluhan of the respttlive Hoards tit' Directors of said CUrpx+r.11n,n Net tNIII In file Poorer (it Attorney, is ml totcc as utlhe dale ofthis ( ellilictlt. This ("endieue is executed in the City of In ole. ( 'alrti,111 a . the 2nd clay of June 2004 Ry lij wling . cuitcc- Prcnuknl. Linderun I g - ID- 11 ) K ( DSI 11Rtt . III T1l1 STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THATTHIS ISA TRUE AND CORRECT COPY OR TH4 ORIGINAL ON FILE IN THIS OFFICE, t. co�Nrr V M S DATE G o K✓ o 1549401 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN RIVER CO FL , BK : 1742 PG : 13190 06 / 07 / 2004 02 : 32 PM PAYMINC 13OND Know ell men by these prisms: By ThuBond, we Natureland , Inc . , 5191 05th St-, Zero s ach FL ( 7 7 2 5 4 7 5 5(�n ruins, xincosl bus iris eddrsaw sad Wtpbw mmbor afreiaaip&Konttsctot) as Prinapal (�ontcsetvr) and Developers Surety is _Indemnity Co . , P . O . Box 97251 Irine , CA (tsaen nags, prindpal bvslnesr, Yd 410ph0ae avadrer er staery) ( 9 5 4 ) 693 - 0270 a corponetion, U Surety, at held and 8tmly bound unto the Indian River County Solid Waste Disposal District, Florida, 1840 20 Street, Varo Beach, Florida 320600 ((772) 867-8000)1 inthesumotTwenty — Eight Thousand Thirty — Seven + + + + * + * + + Dollg! (Writbn Amount) (S 2 M0 0 3 7 . 00 ) amounting to 1001% of the total bid price. For payment of said sum we bind (Numeric Aamot) ourselves, our heirs, executors, administrations and assigns, jointly and severally, for the faitiAl performance of a certain written Contract, dated the 18th day of May 1004. entered into between the Principal and the Indian River County Solid Wats Disposal District, for. Bond Number: 5 3 2 2 0 3 P Project Name. Fgllmere and Roseland Recycling Carder Eindecagiing jet mvement! Bid Ntatber: IRC Bid : 6052 Project Address: Indian River County Landfill 1325 4W jus' Ave Vero Beach. F3erida ,12969 Fellamers Recycling Coater. 12510 Cit 510 Fellamere Florida 32448 Roseland Recycling Center, Lim 306 SMI, ENWAnd Florida 3 958 Project Description: Lands_ e_ ip nyir *_trmvements to the Felkincre and Rowland Recra:li g igintent 412crated by the Indian Z IySr��•sty Solid Waste Diy DL� ic1 A copy of said Contract is incorporated herein by reference and is made a part hereof as NVy copied herein. Now, therefore, the Conditions of this Obligation we such, that, If the Principal shall promptly make payments to all claimants, as herein below defined, than this obligation shat] be void; otherwise, this Bond shall terrain in full force and effect, subject to the following terms and conditions: A. A claimant is defined as any person supplying the Principal with labor, material or supplies, used directly or usdireetly by the Principal or any subcontractor in the Prosecution of the Work provided for in said Contract, and is further dented in Section 713 .01 orthe Florida Statutes . B • The provisions of Section 255 .OS Florida Statutes including the notice and time provisions set forth therein shall apply. 6706-3966"5/04 Page S2 of 39 VRB A TRUE COPY CERTIFICATION ONLA$TpAGg J . K. BARTON, CLERK - BK : 1742 PG : 1320 The above name Principal and Surety hereby jointly and severally agree Solid Waste Disposal District that every claimant as herein defined, who has Indian ibee River idCounty before the expiration of a period of ninety, (90) days after l�formance of the labor or after complete full delivery of materials and supplies by such claimant, may sue on this Bond for the use of attd► claimant, prosecute the suit to final judgment and have execution thereon. The I Sment such surra or atttas as may be justly due claimant, liable for the a >ndran River County Solid Waste Disposal District chill not be Commencedh Payment of any costs of expenses of any such scut. No suit or action shall be hereunder by any claimant: I . 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 wo:lc, furnish the principal and Surety with a notice that he inter to look to this Bond for protection. 2. Unless claimant, other Char, one having direct contract with the Principal, dull within nanY (�) days after such claimant ' s performance of the labor or complete delivery of materials or supplies, deliver to the Principal and Surety written nonce of the performance Of Suds labor or delivery of such materials or supplies and the nonpayment therefore. 3 . After the expiration of one delivery of the materials or ( 1 ) year from the performance of the labor or completion of supplia; itbeing understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction hereat; such limitation permitted l be deemed uw w ed' $o as to be equal to the Minimum period of 4. Other then in a crate court of competent jurisdiction in and for Indian elsewhere. Court for tgiver County, Florida, a in the United States District he Southern District of Florida, and not 711c Surety, for value received, hereby stipulates and a time alteration of or addition to the temu of the Contract or to the work to peurfcrm� and r • the Specifications applicable thereto. Shan 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 rgxesents and warrants to the Indian River County Solid Waste Disposal District that it has RBest's Key Rating Guide, General Policyholder's Wring of "A" and Financial Size Category of Class s Best forceamend effect n for a periodSurety o oneevt�Y covenant and agree that this Bond win remain in full established on the Certificate of Final C(o ) w commencing on the date of Final Completion as Disposal District. mpletion as issued by the Indian River County Solid Waste TDisposal he Principal and Surety jointly and severally, agree to pay the District all losses, damages, expenses, Indian River County Solid Waste costs, and attorney's fees, includin pra ger the Indian River Count, Solid waste Disposal Dig g appellate trict sustains because of a default by the Principalpal under the Cotmact. 6706-3866612/5/04 Page 53 of 59 VRB TRUE COPY CERTIFICATION ON LAST PAGE J K . BARTON , CLERK BK : 1742 PG : 1321 In W ituess Whcmf, the above bound parties executed this instrument under their several seals, this 2nd day of June 4 each rue 200_, the name and corporate seal of tpo party being hereto atxed and these presents duly signed by its undersigned rt:presentative, Pursuant to authority of its iovcrninQ . . . . . . . . . . . . . . . . . . . . . . . . . . . a as * . . . . . r1 .b;::'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the Ptir]eipat i3 - - AV Sighed, sealed and delivered in the presence of: witness Signature of Indhidual Address Printed Name of Individual Address Printed Name of Individual Witness Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . dates . . . . . . \ . . . . . . . . . . . . . . . . . . swab * When the Principal is a Sn1e Proprieto 1.. oro .+ — Signed, sealed and dehvet+ed to the presence of: Witness Name of Partnership Address By: Partner Witness Punted Name ofPartw . . . . . . :: . :: . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Seal). . . . . . . . . . . . . . . . . . . . . . . When LM P[ir1CID>1 16 a Par']tllltll�n: ves Signed, sealed and delivered in the presence of: Witness Name of Partnership Address By: Partner Witness Printed Name of Partner . . . . . . Address (Seal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6706-3666611J5/o4 Page 54 of 59 VRB A TRUE COPY CERTIFICATION ON LAST PAGE J. K. BARTON, CLERK BK : 1742 PG : 1322 Alen the c al S a o ation , Attest: g NaturelantjIncy eodo BY (AtYx Corporate e11 Steven L . Deputy Printed Name President Official Title to sa e i a certify that I am the Secaof �' the co rporadon named as Principal in the within bond; the � frDE.�T � tz�/���v � who signed the said bond on behalf of the Principal was then _ Q1tye�rS12QisrW Of said Cocpongn that I snow his signature, and his S*u ture tbereto is genuine: and that said Bond was dully signed, sealed and attested for and on behalf of said Corporate by a rity of its go�•eming body. (sear Secretary Attest: raTo bete ziecretary Developers Surety b Indemnity Co . Corporate Surety P . O . Box 19725 Irvin CA 97673 Business**Address ' (Affix Corporate Seal) Scott D . Aitenhof Attorney In-Fact . o � j } 7:* Sid Banack Insurance Name of Local Agency 2101 S . Waverly Place , # 200 - C .MP7 hn , r a FT oen State of Florida Business Address 6706-38666' 2;SiO4 Page 55 of 59 vRB A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK BK : 1742 PG : 1323 County of nrevard Before me, a Notary Public, duly eornmissioned, qualified and acting, personally appeared Scott D . Altenhof , to me well known, who being by me first duly sworn upon oatk says that be is the attorney-in fact for the Sure t v Company and thathehas been authorized by Developers Surety & IndemnityCQoexecutethe foregoing bond on behalf of the Contractor named therein in favor of the Indian River Coun Waste Disposal District, Florida. ty Solidr^� Subscribed and sworn before me this Ol IU day47 E ZO nJ MAUREEN E. HARVEY Notary Publics State of FjMda N Public, My Comm. exp, July 139 2005 State of � 21D Comm. No. DD 011048 MY Commission expires: 2 13 II5 End of Secdon 6706-3g666\2/5/03 Page 56 of 59 VRB A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK BK : 1742 PG : 1324 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDE -FONITY COMPANY PO BOX 1912$. IRVINE, CA 91627 19491, 26.; . 1(NI %y I% KNOW All . M 141 Till -SI: SI-. NTS . drat ryca•pl as .lplto ryhressly limned. DEVI . LOPERS L;0RIITY AND INDEMNITY COMPANY due* heoebv make. eP,1xI thea' :IIIc Mhaa,l * * * Scott Altenhof, Michael W . Harris, jointly or severally* * * as its tale and lawlid A (1on,cy( s )•in-Fret . In make . c .ccute. deliver and acknowledge aIleand un hd,:df of said corporation as sorely, honak. undertakings ;uul contracts of %otctyshlit gia int and eraminI. unto olid ARnrney( s )- u1 . FacI till pnwo and authIwIHV Io do and to perfolon every act necessary. requisite or proper hl he done Ill cunncctum Ihcacwith as the corporation could do. hill rcscr\ Ing to the co ptgUllon rill power of suhsuhtuhrl and reyocanon. -Intl all of the acts ol' vaid Attorncyls )-m- ract . pursuant ht these prcscntsare hereby rallied and confirmed. This Power of Allornev is ¢rolled and is si_led by facsmule under ;md by authority of the Ii Ilow in resnluuon adopted by the Bova of Dil'rctnr< of DEV ELOIIER.S SURETY .AND INDLMNI I ) ( OMPANY of echar as of Nocelnbcr I . 21NIll RESOLVED. that the Chairman of rile Board, the President and aav Frec President of the corporation hr. and that each of them herehv is, authorized to e\ ecute Powers tit . Mooney. qual0vnlg tilt Attoa'neylsl•in- Feel named in the Pontos of .Atlornes ht clecaue, on behalf ofthe corporation. hoods, undertakings and contracts of surctvshq•: :old that file Scoviary or anv Assistant Secretary of the coapnrnbon ha and each of then, hercbv aa. anthori7ed lis Aries, the execution of, any such Power ul'A nonacy : RESOLV FD. FL RTIIER. that the mplamres of such o@iccrs may he ufli \cd to any such Power tit Altnrnev ur to any certificate relating thereto by &esintile. and any such Power of Attorney or ccrtilicatc hearing such lilt simile signatures shall he valid and hinding uptm the corporation when su affixed and in the 1'uutrc wit, respect h. ally Mind. undertukine or contract uf' surch'ship to which it is attached. IN WITNESS \\' I11 RI 01r. DF VELOPERS SCRETN AND INDE VINITN COMPANY has c.lased these poeseuts m he s ,med by its respccloc LNecuhve Vice Prcmdem/and attested by its Secrelary this 1s1 tlay of Octol,cr. NMI *, . 46 4-1 AND OV: 11 UaviA H . Rhodes . E \ sentare Vase-President ';yJ/C.�aPOR�! •,Ory': • F • � - 5d •. 10 en = �`;• 1936 ; W'alicr A . C'rwerll. $c'e'lery ., STA r OF C A L I VO R N I A ) )SS COUNTYOF ORANGE ) ( h, Oct(lhcr 1 . '1N11. hethre tile. Diane I Kav,ma . pmsomdly appe.ned David 11 . Rhodes and Walter A . Crowell. Ixnunally known ionic (or polled ill nlc on Itis has of x.1110 actoay cv idcnce ) to he the person, w hose n:ones a I: suhscl Itied hh the %V it ha It Ill\ntlnle'tit all If ;Ick n owl"feed I() 'Ile that Ihcy executed the s:unc In their arnhnri7ed cupaciues. and that by their sign Mlle% on the owl-unlent tae entity tilion hchall of which the persons acted. excculrJ rile ineh'unlent . VVITNFSS inv hand mol uRiclal seal DIANEJ NAWATA r 1734746 , ^ M•. Notary Gudic - calMprnra So-nature /Nt„�A� � - 3 OPANGE COUNTY _0 My COMM Espies JAN 6. 2006 CERTIFICA,rE: The unJeosi_nrd. ars Senior Vicol'residan . Undcns riling. of DEVELOPERS SURETY AND INDEMNITY" COMPANY, docs hereby cernl'y lbal the tineguing Power of Vnxney remains rn fill for and has nut been ravukcd. and tiothermore. thal the provasaom of the resolution of the res 17 orcclili til said col lioGalit'll N.'t llhnll in lite pnWer (it '\ tion,ey. In In force as alt die date tit this ('elpechs'e Bo;lrtls of'Itrlaale. This (militate /i% cwcmed in the City nth,- me. 0: Iih,mia. dw2nd d,vot, June 2004 By .-L�D 1..t./ Wcelcy W. Cowling color V9cc- 11remclent. Lodmyri a • ID- 143H ( DSI ) ( Rc% . INrg11, OF FLORIDA ; NDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN yTHIS OFFICE . ,„rt.11a,,, .K BARTON. CLERK Ol'NTM jt; Y ;.... ~C iVJ : 4c4iM \ OGill 3 t N� BT 40 D Y CLERK a f ' •.. . • DATE kw O Wim,,;,,• AGREEMENT This Agreement made and entered into this day of 20 b and between Natureland Inc 518 85Th Str. , Vero Beach FL 32967 , hereinafter called the Contractor and Indian River County Solid Waste Disposal District (SWDD) 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 Solid Waste Disposal District Bid # 6052 - Fellsmere and Roseland Recycling Center Landscuing project, Bid Item number 5 6 7 8 and Alternate Items # 2B and #3B Inclusive as shown on the attached bid form . Contractor, as an independent Contractor and not as an employee, shall furnish, for the sum of Forty Nine Thousand Six Hundred Thirty Seven Dollars and no Cents ($ 491637 . 00 ) , all of the necessary labor, material , and equipment to perform the work described in accordance with the Contract Documents . The above amount is comprised of a construction component of $ 28 , 037 . 00 and a maintenance component of $21 , 600 . 00 Article 2 . Time of Completion All work excluding maintenance shall be completed with 150 days from the Notice to Proceed . Maintenance shall continue for three years from the date of completion . 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 within 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 construction 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 a 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 . 6706 -38666\7/22/04 Page 57 of 59 VRB 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 for the Construction portion of the Contract until completed As-Built Drawings of the actual construction have been approved by the Engineer and furnished to the Owner. 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 . The Owner will make equal monthly partial payments ($ 300 . 00 per site per month) for the amount of maintenance work completed on the maintenance portion of the 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. (Contractor) (Owner) Natureland Inc Indian River County Solid Waste Disposal District Contractor Owner d y " Steven L. Deput President C-arolirte-D- frinn; •h " ` d Arthur R . Neuberg ;1 'fir' s, Witnessed by: Approved by BCC 0 Attest : L) ey Barton, Cler rcuit Court B my t orney Deputy Clerk Approved as to Form and L gal Sufficiency Ef ; - n i seph . Baird, County Administrator $ End of Section 6 06-38666\7/22/04 Page 58 of 59 'ff VRB 6 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 and Engineer 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 . 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 . 00 combined and damage liability single limit for bodily injury and property damage . a. Owned / Leased Automobiles b . Non-Owned Automobiles c . Hired Automobiles Builder ' s Risk Insurance : The Contractor shall procure and shall maintain builder ' s risk insurance ("all risk" with limits equal to one hundred percent ( 100%) of the completed value of the structure(s), building(s) , or addition(s) . It shall include a Waiver of Occupancy Endorsement to enable the County to contract calls for the installation of machinery or equipment, the policy must be endorsed to provide coverage during transit and installation. The maximum deductible allowable under this coverage is $ 500 . 00 per claim . 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 and Engineer as Additional Name Insured must accompany the Certificate of Insurance . End of Section 6706 -38666\2/5 /04 Page 59 of 59 URB p . . ACORD --- TM. CERTIFICATE OF LIABILITY INSURANCE JUN a 04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SID BANACK INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2101 S , WAVERLY PLACE , SUITE 200 -C HOLDER, THIS CERTIFICATE DOES NCT AMEND, EXTEND OR MELEOURVE FL 32901 ALTER THE COVERAGE AFFORDED BY TH9 POLICIES BELOW. I INSURERS AFFORDWO COVERAGE — — j MAIC AI INSURER A: OWNERS INSURANCE CO . INSURED _ _ NATURELAND, INC. IINSLRERB : AUTO-OWNERS INSURANCE CO. 3191 85TH STREET L— _._.— _ -.----_— — ------ ---�-•_-- - - VERO BEACH , FL 32967 ( INSURERC FCCI INSURANCE GROUP — INSLRER D — _- - ----- - -_-_ - -. L IINSLRER E. COVERAGES THE POLICIES OF INSURANCE LiSTcO BELOW HAVE BEEN ISSLED TO T"E INSURED NAMED ABOVE FOR `HE POLICY PERIOC WOiC.ATED, NOTWITHSTANCI .'1G ANY REQUIREMENT, TERIA OR CONDITION OF ANY CONTRACT OR CTHER DOCUMENT WITH RESPECT TO WHICH THI3 CERTIFICATE MAY BE 168UED OR MAY PER'ANc, THE INSURANCE AFFORDED RY THE PCUCIES DESCR83EC HEREIN IS 8UBJECT TO ALL THE 71iRMS. EXCLOWN3 A.ND CCNOITIONS OF SLCH POL.'C' ES. A33KGATE _ MITS SHC1'iN MAY HAVE 'SEEN REDUCED BY PAID CLW. S: mwt ADOL TYPE OF INSURANCE POLICY NUMBER I POLICY IwF 6TNE POLJCT DIPIIA'ION LIMITS �----" . L'R M3F GENERAL LIABILITY 952312.2062164443 1 AUG 3 03 EACH OCCURREroCE �s 1 , C ,0C0 AUG 3 04 X I COMMERCIAL GENERAL LIABILITMt O""rr TO RENTal $ BC 000 , c f IMs MAD OCCUR I ue,. Sxv (AOT ,�, alr ) 3 — B , oca AIFCNo, r/x. aAC_rtjuN't 0 1 , 006 ,080 i-- j GENERAL AGGREGATE —�S -- —100001000 I GEW'LAGGREGATE LftU APFLIES PER! ! a -- -- _ I I PRCD. CTS COP ,0P AGG. ' S 1 , 0001000 PCUCY r ¢ T LOCI AUTOMOBILE UABNITY I 95-620.176-00 AUG 3 03 X j ANY AUTO ( AUG 304 COA1BtNEC JINu^LE UNIT S tEaaczIcam, 1 , 000, 000 ALL OWNED AUTOS BODILY INJURY SCHEOULiDAUT08 I (Pe! wsai) � s j HIRED AUT06 BODILY INJUFY NON`CWNEDAUTIOR (PmraoodMt) PRJPERTY DAMAGE 5 GARAGE LIAEILITY I j I I AUTO CN LY • EA ACC DE NT�S ANY AUTO I I ! OTHER THAN EAACC - �7 AUTO ONLY : --^ $ — - - MEN ( UMBRELLA LIABILITY I EACH OCCURRENCE S — --- — Occot CLAIMS MADE ' AGGREGATE S — OEDUMBLE j r— - Is - RETENTIONS --- vxmem coMRENmnoN AND 001 -WC00A45837 APR 12 04 11 APR 12 05 I X n° 8t"rl j cTHeR f IEMPLCYERSLIAWUTY - ._LT�ers —L_ —:_ _ E .L . EACH AC:;M-1 � S 1_00, 000 C ANAI Y PROAETORNARTNERNIXEC UT Vol _ w►IDEwN me" KXCLU E0T E.L. 018eASE•Ee EMPLOYEE ! 8 Y-- 1001000 IPA baeM „ndv —_ —. _ - —+-- -- -- ---' -- IIrICIALPRONEIONIDow ! E . L . CISE,+SE-P4L'CY LIMIT S SDO, 000 OIT) ' ER I I DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS THE CER'IFICATE HOLDER iS AN ADDITIONAL INSURED FOR GENERAL LIABILITY AS iT PERTAINS TO WORK PERFORMED BY THE INSURED, CERTIFICA33 HOLDCR _ _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLLIES 3E CANCELLED 3EFORE T H = EXPIRATION DATE THEREOF, THE ISSUING COMPANY WL. ENOEAJOR TO LI.AI '- )0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ') THE LEFT, B . T FAILURE TO DO SO SHALL IMPOSE NO CBL!GATION OR LIABILITY OF ANY YJ14C LPON ' HIE INDIAN RIVER COUNTY INSURER, IT-SAGEN780RPZPRESENTAT VES. GENERAL SERVICES DEPT. 262319TH AVENUE AtJTHCRIZCD REPRESET4TATIYE VERO BEACH, FL 328603335 Attontlon: KAREN OR FRAN FAX : (772)T70J" 140 l SC D. At enhcf ACORD 25 (2001108) Cadficate 4 77466 0 ACORD COFIPORATTON ' 989 SECTION 00470 SCHEDULE OF COST FOR MAJOR STRUCTURES AND/OR AREAS OF WORK To assist in the evaluation of the Successful Bidder's Bid and his qualifications to perform the work under the Contract, the Successful Bidder shall submit within seven (7) days of written request from the OWNER, the following breakdown to show his allocation among the general items which comprise the LUMP SUM PRICE for the BASE BID : Unit Unit Price Total 1 ) Mobilization 2 ) Demobilization 3 ) Site Preparation 4) Transplanted Landscape Plants a) Root Prune per Live Oak b) Root Prune per Queen Palm c) Root Prune per Cabbage Palm d) Transplant per Live Oak e) Transplant per Queen Palm f) Transplant per Cabbage Palm TOTAL 5 ) Fellsmere Irrigation System improvements (Allowance) $ 5 , 000 $ 5 , 000 6 ) Roseland Irrigation System Installation a) Pump and Controller b) Distribution system piping and sprinklers TOTAL 7) Fellsmere Landscape Maintenance (3 -year) 8 ) Roseland Landscape Maintenance (3 -year) 9) Miscellaneous Work and Cleanup TOTAL BASE BID $ Notes : ( 1 ) It is understood that the allocations of prices listed above which comprise the LUMP SUM BID for the BASE BID are part of the Proposal and will be used in evaluation of the Successful Bidder's Bid and are binding upon the CONTRACTOR. (2) " Miscellaneous Work" included in the above items is : fabricated metals; testing; clean-up ; and any Work, materials and equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. * * END OF SECTION 6706 -38666\2/5/04 00470- 1 VRB SECTION 00622 - Contractor's Application for Payment Application for Payment No . For Work Accomplished through the period of through To : Indian River Countv Solid Waste Disposal District (OWNER ) From : (CONTRACTOR) Contract : Project : OWNER's Contract No . ENGINEER ' s Contract No . ENGINEER 1 . Original Contract Price : $ 2 . Net change by Change Orders and Written Amendments ( + or -) : $ 3 . Current Contract Price ( 1 plus 2 ) : $- 4 . Total completed and stored to date : $ 5 . Retainage ( per Agreement) : of completed Work : $ of stored material : $ Total Retainage : $ 6 . Total completed and stored to date less retainage (4 minus 5) : 7 . Less previous Application for Payments : $ 8 . DUE THIS APPLICATION ( 6 MINUS 7) : CONTRACTOR ' S CERTIFICATION : The undersigned CONTRACTOR certifies that ( 1 ) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied on account to discharge CONTRACTOR 's legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive ; (2 ) title of all Work , materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens , security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien , security interest or encumbrance) ; (3 ) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective and (4) If this Periodic Estimate is for a Final payment to project or improvement , I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full , and that all taxes imposed by No . 212 Florida Statutes , ( Sales and Use Tax Act , as Amended ) have been paid and discharged . Dated (CONTRACTOR) By : State of County of Subscribed and sworn to before me this day of Notary Public My Commission expires : 6706 - 38666\2/5 /04 00622- 1 VRB CERTIFICATION OF ARCHITECT OR CONSULTING ENGINEER (WHERE APPLICABLE ) : I certify that I have checked and verify the above and foregoing Periodic Estimate for Partial Payment ; that to the best of my knowledge and belief it is a true and correct statement of the work performed and/or material supplied by the Contractor. Dated (ARCHITECT / ENGINEER ) SIGNATURE CERTIFICATION OF ENGINEER / INSPECTOR : I have checked the estimate against the Contractor' s Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project . It is my opinion that this statement of work performed and/or materials supplied is accurate , that the Contractor is observing the requirements of the Contract , and that the Contractor should be paid the amount requested above . Dated (ARCHITECT / ENGINEER ) SIGNATURE Accompanying Documentation : [The remainder of this page was left blank intentionally] 6706 -38666\2/5/04 00622 -2 VRB To : Indian River County (OWNER) From : (CONTRACTOR) Contract : Project : Bid Schedule Estimated Quantit Percent Item Unit Price Of Values Y Material Amount No . Quantity Amount Completed Amount Complete Stored Complete 1 . /o and Stored 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13 . 14 . 15 . 16 . 17 . 18 . 19 . 20 . 21 . 22 . [Note : Total Schedule of Values Amount should equal the current Contract Price .] TOTAL AMOUNT * * END OF SECTION 6706 -38666\2/5/04 00622 -3 VRB SECTION 00900 ADDENDA ADDENDA WILL BE INSERTED HERE . * * END OF SECTION 6706-38666\2/5/04 00900 - 1 VRB SECTION 00900 ADDENDA ADDENDA NUMBER 1 March 3 , 2004 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR FELLSMERE AND ROSELAND RECYCLING CENTER LANDSCAPING Indian River County Bid No . 6052 The following items are issued to , modify, and clarify the Contract Documents and Specifications . These Items shall have the full force and effect as the Contract Documents and cost involved shall be included in the Bid Price I. IN THE CONTRACT DOCUMENTS A . On pages 1 of 58 and 3 of 58 change the Bid Opening Dated from March 3 , 2004 to March 10 , 2004 . (note the opening time of 2 :p . m . shall remain the same . ) B . On page 30 of 59 Bid Item #7 Maintenance of Fellsmere Landscaping Plants, The three year maintenance contract is specifically EXEMPT from any bonding requirements as defined by Item numbers 4 and 7 on Page 4 of 59 and Surety as defined by Item 15 on Page 5 of 59 . C . On page 31 of 59 Bid Item #8 Maintenance of Roseland Landscaping Plants, The three year maintenance contract is specifically EXEMPT from any bonding requirements as defined by Item numbers 4 and 7 on Page 4 of 59 and Surety as defined by Item 15 on Page 5 of 59 . II. ON THE CONTRACT DRAWINGS A . On sheets 1 and 2 under the Plant Schedule in the NOTE * * * * strike the words Wax Myrtle . It is the intent that the Contractor supply potted wax myrtles and they will not be supplied by the County. * * END OF SECTION 00900 - Addenda No I .doc 00900- 1 0000_ 1 1 3/3/04