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Home My WebLink About2008-342_, L CONTRACT DOCUMENTS AND SPECIFICATIONS 17TH LANE S.W. FROM 27TH AVENUE TO EAST APPROX. 900' 20TH AVENUE FROM 21ST STREET S.W. TO 17TH LANE S.W. 17TH LANE S.W. FROM FALCON TRACE PROJECT ENTRANCE TO 20TH AVENUE BID NO. 2008073 PROJECT NO. 0803, 0837, 0838 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA SANDRA L. BOWDEN, CHAIRMAN WESLEY S. DAVIS, VICE CHAIRMAN COMMISSIONER GARY C. WHEELER COMMISSIONER JOSEPH E. FLESCHER COMMISSIONER PETER D. O'BRYAN JOSEPH A. BAIRD, COUNTY ADMINISTRATOR JEFFREY K. BARTON, CLERK OF COURT WILLIAM G. COLLINS, II, COUNTY ATTORNEY JAMES W. DAVIS, P.E., PUBLIC WORKS DIRECTOR CHRISTOPHER J. KAFER, JR., P.E., COUNTY ENGINEER MICHAEL D. NIXON, P.E., ROADWAY PRODUCTION MANAGER 00001 - Project Title Page - REV 04-07 00001-1 F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00001 - Project Title Page - REV 04-07.doc TABLE OF CONTENTS Section No. Title DIVISION 0 - BIDDING DOCUMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00001 Cover Sheet 00010 Table of Contents BIDDING DOCUMENTS 00100 Advertisement for Bids 00200 Instructions to Bidders 00300-1 Bid Package Contents 00310 Bid Form & Itemized Bid Schedule 00430 Bid Bond 00452 Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships 00454 Sworn Statement under the Florida Trench Safety Act 00456 Qualifications Questionnaire 00458 List of Subcontractors CONTRACT FORMS 00510 Notice of Award 00520 Agreement 00550 Notice to Proceed 00610 Performance Bond 00612 Payment Bond 00620 Sample Certificate of Liability Insurance 00622 Contractor's Application for Payment 00630 Certificate of Substantial Completion 00632 Contractor's Final Certification of the Work 00634 Professional Surveyor and Mapper's Certification as to the Elevations and Locations of the Work CONDITIONS OF THE CONTRACT 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions 00942 Change Order Form 00946 Field Order Form 00948 Work Change Directive DIVISION 1 =GENERAL REQUIREMENTS 00010-1 F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00010 - Table of Contents - REV 04-07.doc DIVISION 2 - TECHNICAL PROVISIONS APPENDIX A - PERMITS APPENDIX B - CHAPTER 4, BEST MANAGEMENT PRACTICES APPENDIX C--AS-BUILT SURVEY RECORD CHECKLIST APPENDIX D -ROADWAY SOIL SURVEY + + END OF TABLE OF CONTENTS + + 00010-2 F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00010 - Table of Contents - REV 04-07.doc SECTION 00100 - Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 180127th Street, Vero Beach, Florida 32960 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2:00 PM on Wednesday, Sept. 24, 2008. Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words "Paving and Drainage Improvements to 17th Lane .SW from 27th Avenue to East approx, 900', 20 Avenue from 215 Street SW to 17 thLane SW and 17th Lane from Falcon Trace Project Entrance to 20 Avenue". Bids should be addressed to Purchasing Division, 1800 27th Street, Vero Beach, Florida 32960. All bids will be opened publicly and read aloud at 2:00 PM, All bids :received after 2:00 P.IVI., of the day specified above, will be returned unopened. INDIAN RIVER COUNTY PROJECT NOs. 0803, 0837,0838 INDIAN RIVER COUNTY BID NO. 2008073 PROJECT DESCRIPTION: from 17th Lane from Falcon to 17th Lane All material and equipment furnished and all work performed shall be in strict accordance with the plans, specifications, and contract documents pertaining thereto, which may be obtained from the Public Works Department/Engineering Division, 1801 27th Street, Building A, Vero Beach, Florida, 32960, (772) 226-1380. Copies of the plans and specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Indian River County, in the amount of $100.00 for each set, which represents cost of printing and handling, which is non refundable. Communications concerning this bid shall be directed to IRC Purchasing Department at 772-226-1416. All bids shall be submitted in duplicate on the Bid Proposal forms provided within the specifications. BID SECURITY must accompany each Bid, and must be in the form of an AIA Document A310 Bid Bond, properly executed by the Bidder and by a qualified surety, or a certified check or a cashier's check, drawn on any bank authorized to do business in the State of Florida. Bid Security must be in the sum of not less than Five Percent (5%) of the total amount of the bid, made payable to Indian River County Board of County Commissioners. In 00100 - Advertisement for Bids REV 04-07 00100-1 F_NEngineeringZapital Projects1080317th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Docurrents\00100 - Advertisement for Bids REV 04-07.doc the event the Contract is awarded to the Bidder, Bidder will enter into a Contract with the County and furnish the required 100% Performance Bond and 100% Payment Bond within the timeframe set by the County. If Bidder fails to do so, the Bid Security shall retained by the County as liquidated damages and not as a penalty. Please note that the questionnaire must be filled out completely including the financial statement. The County reserves the right to delay awarding of the Contract for a period of sixty 60 days after the bid opening, to waive informalities in any bid, or reject any or all bids in whole or in part with or without cause, or to accept the bid that, in its judgment, will serve the best interest of Indian River County, Florida. The County will not reimburse any Bidder for bid preparation costs. A Pre -Bid Conference will be held on Sept. 3, 2008 at 10:00 PM, in the first floor conference room of the Indian River County Administration Building located at 1801 27th Street, Building B Vero Beach, Florida, 32960. ATTENDANCE AT THIS CONFERENCE BY ALL BIDDERS IS HIGHLY ENCOURAGED. INDIAN RIVER COUNTY By: Jerry Davis Purchasing Manager For Publication in the Vero Beach Press Journal Date: Aug. 13, 2008 For: Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to: INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street Vero Beach, FL 32960 * * END OF SECTION * * 00100 - Advertisement for Bids REV 04-07 00100 - 2 FAEngineering\Capital Projects\080317th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Dowments\00100 - Advertisement for Bids REV 04-07.doc SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No. - Title 0 ARTICLE 1 be DEFINED TERMS.............................................................................................1 ARTICLE 2 — COPIES OF BIDDING DOCUMENTS........,..,.,.. ...... 86.0080.1 ........ ........ I'lles..1 ARTICLE 3 be QUALIFICATIONS OF BIDDERS......................................................................1 ARTICLE 4 be EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, ANDSITE................................................................................................................... 2 ARTICLE 5 — PRE—BID CONFERENCE..................................................................................4 ARTICLE 6 as SITE AND OTHER AREAS,..,,.,,..,.. ................. 11 ............. &see.., ...... me .................... 4 ARTICLE 7 — INTERPRETATIONS AND ADDENDA..............................................................4 ARTICLE 8 — BID SECURITY ................................. ..... ...................... ........... ease ...................... 5 ARTICLE 9 — CONTRACT TIMES,,,....,",., ....... ........................ me@ -ow ............................... 5 ARTICLE 10 as LIQUIDATED DAMAGES................................................................................5 ARTICLE 11 — SUBSTITUTE AND "OR—EQUAL" ITEMS ........................................................ 5 ARTICLE 12 — SUBCONTRACTORS, SUPPLIERS, AND OTHERS.......................................6 ARTICLE 13 as PREPARATION OF BID",',"",',, ....................... 0 0 0 0 a a a 9 a ............... ........ 6 ARTICLE 14 — BASIS OF BID; EVALUATION OF BIDS ............. ............... a....... a..................... 7 ARTICLE 15 be SUBMITTAL OF BID........................................................................................8 ARTICLE 16 — MODIFICATION AND WITHDRAWAL OF BID................................................8 ARTICLE 17 be OPENING OF BIDS, ...... I ... 111199990s .......... ............ o-oo-o.o ............................. 8 ARTICLE 18 as BIDS TO REMAIN SUBJECT TO ACCEPTANCE ......... .............. I ... ................ 9 ARTICLE 19 be AWARD OF CONTRACT......................................0.................................1.11..1.9 ARTICLE 20 — CONTRACT SECURITY AND INSURANCE.,.., as I ease abbess* I so.. 9 ARTICLE 21 — SIGNING OF AGREEMENT...,.,..,,.,,.,,,,,,,,,,,, .............. "I'll" ... ...... I ..... 1110 ARTICLE 22 be REQUIRED PUBLIC DISCLOSURE OF RELATIONSHIPS STATEMENT., ... 110 ARTICLE 23 — PUBLIC ENTITY CRIMES..............................................................................10 00200 - Instructions to Bidders REV 04-07 00200 OR i F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00200 - Instructions to Bidders REV 04-07.doc SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) Subject Article Awardof Contract......... ............ III ...... III, ....... ".." ............. I .... 0 1 0 .... ..... 0.0* ........ 0 ...... 00 19 Basis of Bid; Evaluation of Bids................................................................................................14 BidSecurity................................................................................................................................8 Bids to Remain Subject to Acceptance.....................................................................................18 Contract Security and Insurance, I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I . I I I I I I I I I I I . I I I I I I I a a 6 & I a 1 0 1 1 a I I I I I I 1 20 ContractTimes...........................................................................................................................9 Contractsto be Assigned.. .... ...... I ........... ................ .............................. 24 Copiesof Bidding Documents.....................................................................................................2 DefinedTerms............................................................................................................................1 Examination of Bidding Documents, Other Related Data, and Site.............................................4 Interpretations and Addenda.......................................................................................................7 Liquidated Damages.,.". 11 ... ... I ...... I ...... 10 Modification and Withdrawal of Bid...........................................................................................16 Openingof Bids.....................................:..................................................................................17 Partnering................................................................................................................................. 25 Pre -Bid Conference........... .................... 11.1.11 .............................................................................1 5 Preparationof Bid.....................................................................................................................13 Qualifications of Bidders.,... .................. .................................1 3 Retainage.................................................................................................................................23 Salesand Use Taxes...........,., .......... 0 ..... 1.1111, .... I ......... I .... 11.1 ................. I ... III ............................ 22 Signingof Agreement,,.,........... ...............................I I ......................... I ....... I ............................. 21 Siteand Other Areas..................................................................................................................6 Subcontractors, Suppliers and Others......................................................................................12 Submittalof Bid........................................................................................................................15 Substituteor "Or -Equal' Items..................................................................................................11 00200 - Instructions to Bidders REV 04-07 00200 - ii F:\Engineering\Capital Projecls\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00200 - Instructions to Bidders REV 04-07.doc SECTION 00200 - Instructions to Bidders ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder --The individual or entity who submits a Bid directly to OWNER. B. Issuing Office --The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. C. Successful Bidder --The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents, 2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within five days of OWNER's request Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below. A. Bidder must have at least five years' experience in the construction of similar projects of this size and larger. B. Bidder must have successfully constructed, as prime CONTRACTOR, at least three projects similar in scope to this project. C. Bidder must have good recommendations from at least three clients similar to the OWNER. D. The Bidder's superintendent and assistants must be qualified and experienced in similar projects in all categories. E. Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located. 00200 - Instructions to Bidders REV 04-07 00200-1 F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 3.02 Each bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 3.03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.01.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and established in paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERs of such Underground Facilities, including OWNER, or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data contained therein upon which Bidder is entitled to rely as provided in paragraph 4.06 of the General Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions. 00200 - Instructions to Bidders REV 04-07 00200-2 F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions. 4.05 Upon a request directed to the ENGINEER (Michael D. Nixon, P.E. 772-226-1986), OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; B. VISIT THE SITE AFTER CONTACTING THE ENGINEER ( Michael D. Nixon, P.E., (772) 226-1986) TO MAKE ARRANGEMENTS IN ADVANCE, AND BECOME FAMILIAR WITH AND SATISFY BIDDER AS TO THE GENERAL, LOCAL, AND SITE CONDITIONS THAT MAY AFFECT COST, PROGRESS, AND PERFORMANCE OF THE WORK, C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work; D. carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions; E. obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (overhead, surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents; 00200 - Instructions to Bidders REV 04-07 00200-3 F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; 1. promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 The date, time, and location for a Pre -Bid conference, if any, are specified in the Advertisement for Bids. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 00200 - Instructions to Bidders REV 04-07 00200-4 F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 7.02 Addenda may be issued to clarify, deemed advisable by OWNER or ENGINEER. correct, or change the Bidding Documents as ARTICLE 8 - BID SECURITY 8.01 Each Bid must be accompanied by Bid Security made payable to Owner in an amount of five percent of the Bidder's maximum base bid price and in the form of a certified check; cashiers check; or an AIA Document A310 Bid Bond issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. The Bid Bond shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. The Surety must be authorized to issue surety bonds in Florida. The Bidder shall require the attorney-in-fact who executes any Bond, to affix to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida. Further, at the time of execution of the Contract, the Successful Bidder shall for all Bonds, provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304-9308. The Surety shall also meet the requirements of paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be retained by owner. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. 8.03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of calendar days within which, or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or -equal" 00200 - Instructions to Bidders REV 04-07 00200-5 F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 items. Whenever it is specified or described in the Bidding Documents that a substitute or "or - equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements, ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid. 12.02 If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions. 12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid form is included with the Bidding Documents. Additional copies may be obtained from the Issuing Office. 13.02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein, or the words "No Bid," "No Change," or "Not Applicable" entered. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 00200 - Instructions to Bidders REV 04-07 00200-6 F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. 13.10 The address and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number or county registration number for the state or county of the Project, if any, shall also be shown on the Bid form. 13.12 All supporting information requested in the Bid Form must be furnished. Do not leave any questions or requests unanswered. ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 11.02 of the General Conditions. 14.03 The Bidder's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule, or elsewhere, is approximate only and not guaranteed. The OWNER does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated 00200 - Instructions to Bidders REV 04-07 00200-7 F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05101 quantities, nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work, or other conditions pertaining thereto. ARTICLE 15 - SUBMITTAL OF BID 15.01 The Bid form is to be completed and submitted with the Bid security and the following data: A. Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships. B. Sworn Statement under the Florida Trench Safety Act, C. General Information Required of Bidders. D. List of Subcontractors. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If mail or other delivery system sends a Bid, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Indian River County, Purchasing Division, 1801 27`h Street, Vero Beach, Florida, 32960. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. 00200 - Instructions to Bidders REV 04-07 00200-8 FAEngineering\Capital Projects\080317th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 - AWARD OF CONTRACT 19.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non -responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs. Owner reserves the right to cancel the award of any Contract at any time before the execution of such Contract by all parties without any liability to the Owner. For and in consideration of the Owner considering Bids submitted, the Bidder, by submitting its Bid, expressly waives any claim to damages, of any kind whatsoever, in the event the Owner exercises its right to cancel the award in accordance herewith. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. It is the OWNER's intent to accept alternates (if any are accepted) in the order in which they are listed on the Bid form, but OWNER may accept them in any order or combination. 19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER's requirements as to performance and payment Bonds and insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by 00200 - Instructions to Bidders REV 04-07 00200-9 F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 such Bonds, unless the Bonds have been waived due to the total contract being less than $50,000. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within fifteen (15) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. 21.02 OWNER shall return one fully signed counterpart to Successful Bidder. 21.03 Should Bidder to whom the Contract has been awarded refuse or fail to complete the requirements of Article 21.01 above, the additional time in calendar days, required to correctly complete the documents will be deducted, in equal amount, from the Contract time. Or, the OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred, and the Contract may be awarded as the OWNER desires. ARTICLE 22 — REQUIRED PUBLIC DISCLOSURE OF RELATIONSHIPS STATEMENT Any entity entering into a contract with Indian River County as Owner shall disclose any relationship that may exist between the contracting entity and an Indian River County Commissioner or Indian River 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. ARTICLE 23 - PUBLIC ENTITY CRIMES Pursuant to Florida Statutes Section 287.133(2)(a), all Bidders are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity (defined as the State of Florida, any of its departments or agencies, or any political subdivision); may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287.017 for CATEGORY TWO [currently $25,000] for a period of 36 months from the date of being placed on the convicted vendor list. A "public entity crime" means a violation of any state or federal law by a person with 00200 - Instructions to Bidders REV 04-07 00200-10 F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. * * END OF SECTION * * 00200 - Instructions to Bidders REV 04-07 00200-11 FAEngineering\Capital Projects\080317th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00200 - Instructions to Bidders REV 04-07.doc Rev. 05/01 SECTION 00300 = Bid Package Contents THIS PACKAGE CONTAINS: SECTION TITLE Bid Form Bid Bond Sworn Statement on Disclosure of Relationships Sworn Statement Under the Florida Trench Safety Act General Information Required of Bidders List of Subcontractors SECTION NUMBER 00310 00430 00452 00454 00456 00458 SUBMIT TWO (2) COPIES OF THIS COMPLETE PACKAGE WITH YOUR BID * * END OF SECTION * * 00300 - Bid Package Contents - REV 04-07 003001 F:\Engineering\Capital Projects\080317th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00300 - Bid Package Contents - REV 04-07.doc PROJECT IDENTIFICATION: Project Name: County Project Number: Project Address: Project Description: THIS BID IS SUBMITTED TO: SECTION 00310 = Bid Form LM i T1i1 to I to 17" n Trace Project Entrance to 20th Avenue, 0803, 0837, 0838 17 Lane SW from 27 Avenue to East to 17`" Lane SW, and 17th Lane from Falcon Trace Project Entrance to 20th Avenue, 17`n Lane SW from 27th Avenue to East approx. 900', 201 Avenue from 21 st Street SW to 17th Lane SW, and 17th Lane from Falcon Trace Project Entrance to 201h Avenue, INDIAN RIVER COUNTY 180027 th Street VERO BEACH, FLORIDA 32960 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged. Addendum Date Addendum Number B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. 00310 - Bid Form REV 04-07 00310-1 F:\Engineering\Capital Projects\080317th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00310 - Bid Form REV 04-07.doc Rev. 05/16/01 C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions, E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents, G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents, H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. [The remainder of page intentionally left blank] 00310 - Bid Form REV 04-07 00310-2 F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00310 - Bid Form REV 04-07.doc Rev. 05/16/01 ITEMIZED BID SCHEDULE REVISED 9/22/08 PROJECT NAME: PAVING AND DRAINAGE IMPROVEMENTS TO 17th LANE S.W. FROM 27th AVENUE TO EAST APPROX. 900' 20th AVENUE S.W. FROM 21st STREET S.W. TO 17th LANE S.W. 17TH LANE S.W. FROM FALCON TRACE PROJECT ENTRANCE TO 20th AVENUE IRC PROJECT #0803 BIDDER'S NAME JeW.Cheatham, LLC 0803 Itemized Bid Schedule REVISION 09-22-08 �.. �_ _ s 0803 Itemized Bid Schedule REVISION 09-22-08 MISCELLANEOUS 101-1 MOBILIZATION LS 1 48,465.00 48,465.00 102-1 MAINTENANCE OF TRAFFIC LS 1 55,318.00 55,318,00 104-1 EROSION & WATER POLLUTION CONTROL LS 1 14,354.00 14,354.00 108-1 AS -BUILT - SURVEY LS 1 2,700.00 2,700.00 108-2 N.P.D.E.S. PERMITTING LS 1 500.00 500.00 800 PAYMENT BOND LS 1 51400.00 5,400.00 801 PERFORMANCE BOND LS 1 59400.00 5,400.00 802 TRENCH SAFETY COMPLIANCE OVER 5' SEE SECT. 00454 LS 1 258.00 258.00 803 TRENCH SAFETY COMPLIANCE SHORING SEE SECT. 00454 LS 1 258.00 258.00 MISCELLANEOUS SUB TOTAL 1329653.00 17th LN SW (BY MASTELLER & MOLER, INC) ROADWAY MATERIALS 110-1-1 CLEARING AND GRUBBING LS 1 51000.00 5,000.00 110-4 EXISTING ASPHALT PAVEMENT REMOVAL SY 2,095 1.00 2,095.00 120-1 REGULAR EXCAVATION CY 842 5.15 41336.30 120-6 EMBANKMENT COMPACTED IN PLACE CY 3 348 5.30 17,744.40 160-4-12 TYPE B STABILIZATION (1214)SY 4,266 1.35 5,759.10 285-706 ICEMENTED COQUINA SHELL BASE GROUP 6 8" 2 LIFTS SY 31821 9.10 34,771.10 334-1-1 SUPERPAVE ASPHALTIC CONCRETE -1"-SP 9.5 SY 3,821 5.25 20,060.25 334-1-2 SUPERPAVE ASPHALTIC CONCRETE -11/2"- SP 12.5 SY31821 7.10 27,129.10 0803 Itemized Bid Schedule REVISION 09-22-08 ITEMIZED BID SCHEDULE REVISED 9/22108 PROJECT NAME: PAVING AND DRAINAGE IMPROVEMENTS TO 17th LANE S.W. FROM 27th AVENUE TO EAST APPROX, 900' 20th AVENUE S.W. FROM 21st STREET S.W. TO 17th LANE S.W. 17TH LANE S.W. FROM FALCON TRACE PROJECT ENTRANCE TO 20th AVENUE IRC PROJECT #0803 BIDDER'S NAME J.W.Cheatham, LLC 17th LN SW (BY MASTELLER & MOLER, INC) ROADWAY MATERIALS Con't) 425-1-351 INLET, TYPE P-5 EA 1 3,450.00 3,450.00 425-1-361 INLET, TYPE P-6 EA 2 31760.00 71520.00 430-171-125 CONCRETE PIPE (1861)LF 446 38.10 16,992.60 520-1-10 CONCRETE CURB & GUTTER TYPE F LF 11566 10.00 15,660.00 522-1 CONCRETE SIDEWALK 4" THICK SY 609 24.00 14,616.00 575-1-1 SODDING BAHIA SY 1,995 1.40 2,793.00 TRAFFIC SIGNING AND MARKINGS 706-3 RETRO -REFLECTIVE PAVEMENT MARKER EA 62 4.40 272.80 711-11-121 6" SOLID WHITE THERMOPLASTIC LF 11951 0.60 11170.60 711-11-123 12" SOLID WHITE THERMOPLASTIC LF 170 1.80 306.00 711-11-125 24" WHITE THERMOPLASTIC STOP BARS LF 25 3.00 75.00 711-11-131 6" SKIP WHITE 6'-10' THERMOPLASTIC LF 75 0.80 60.00 711-11-170 SOLID TRAFFIC ARROW WHITE THERMOPLASTIC EA 8 52.00 416.00 711-11-211 6" SOLID YELLOW THERMOPLASTIC LF 1,961.0 0.60 13176.60 711-11-214 18" SOLID YELLOW THERMOPLASTIC LF 10 2.40 24.00 711-11-231 6" SKIP YELLOW 6'-10' THERMOPLASTIC LF 478 0.80 382.40 17TH LANE SW ROADWAY IMPROVEMENTS SUB TOTAL 181,810.25 0803 Itemized Bid Schedule REVISION 09-22-08 ITEMIZED BID SCHEDULE REVISED 9122/08 PROJECT NAME: PAVING AND DRAINAGE IMPROVEMENTS TO 17th LANE S.W. FROM 27th AVENUE TO EAST APPROX. 900' 20th AVENUE S.W. FROM 21st STREET S.W. TO 17th LANE S.W. 17TH LANE S.W. FROM FALCON TRACE PROJECT ENTRANCE TO 20th AVENUE IRC PROJECT #0803 BIDDER'S NAME J.W.Cheatham, LLC y xkW s 17th LN SW (BY KNIGHT, WGUIRE & ASSOCIATES, INC) ROADWAY MATERIALS 110-1-1 CLEARING AND GRUBBING LS 1 51000.00 51000.00 110-4 EXISTING ASPHALT PAVEMENT REMOVAL SY 2,995 1.00 2,995.00 120-1 REGULAR EXCAVATION CY 11,976 0.10 11197.60 120-6 EMBANKMENT COMPACTED IN PLACE CY 7,395 0.10 739.50 160-4-12 TYPE B STABILIZATION 12" SY 71053 1.35 93521.55 285-706 CEMENTED COQUINA SHELL BASE GROUP 6 8" 2 -LIFTS SY 61364 9.10 57,912.40 334-1-1 SUPERPAVE ASPHALTIC CONCRETE -1"-SP 9.5 SY 5,658 5.25 29,704.50 334-1-2 SUPERPAVE ASPHALTIC CONCRETE -11/2" - SP 12.5 SY 5 658 7.10 40,171.80 425-1-361 INLET, TYPE P-6 EA 2 3,760.00 71520.00 425-3-43 JUNCTION BOX, TYPE P-7 EA 1 21266.00 2,266.00 430-171-125 CONCRETE PIPE (1811)LF 46 38.10 11752.60 520-1-10 CONCRETE CURB & GUTTER TYPE F LF 1,136 10.00 11,360.00 522-1 CONCRETE SIDEWALK 4" THICK SY 938 24.00 22,512.00 575-1-1 fSODDING BAHIA SY I 2,128 1 1.40 1 2,979.20 TRAFFIC SIGNING AND MARKINGS 70040-1 SIGN, SINGLE POST 30" R 1-1 STOP AS 1 222.00 222.00 700-40-2 SIGN, SINGLE POST R4-7 KEEP RIGHT AS 1 222.00 222.00 706-3 RETRO -REFLECTIVE PAVEMENT MARKER EA 220 4.40 968.00 310-5 0803 Itemized Bid Schedule REVISION 09-22-08 ITEMIZED BID SCHEDULE REVISED 9122108 PROJECT NAME: PAVING AND DRAINAGE IMPROVEMENTS TO 17th LANE S.W. FROM 27th AVENUE TO EAST APPROX. 900' 20th AVENUE S.W. FROM 21st STREET S.W. TO 17th LANE S.W. 17TH LANE S.W. FROM FALCON TRACE PROJECT ENTRANCE TO 20th AVENUE IRC PROJECT #0803 BIDDER'S NAME J.W,Cheatham, LLC, 17th LN SW (BY KNIGHT, McGUIRE & ASSOCIATES, INC) TRAFFIC SIGNING AND MARKINGS Cont 711-11-121 6" SOLID WHITE THERMOPLASTIC LF 21536 0.60 1,521.60 711-11-123 12" SOLID WHITE THERMOPLASTIC LF 130 1.80 234.00 711-11-124 18" SOLID WHITE THERMOPLASTIC LF 124 2.40 297.60 711-11-125 24" WHITE THERMOPLASTIC STOP BARS LF 24 3.00 72.00 711-11-131 6" SKIP WHITE 6'-10' THERMOPLASTIC LF 427 0.80 341.60 711-11-170 SOLID TRAFFIC ARROW WHITE THERMOPLASTIC EA 2 52.00 104.00 711-11-211 6" SOLID YELLOW THERMOPLASTIC LF 3r894 0.60 21336.40 711-11-214 18" SOLID YELLOW THERMOPLASTIC LF 410 2.40 984.00 711-11-231 6" SKIP YELLOW 6'-10' THERMOPLASTIC LF 200 0.80 160.00 17th LANE SW ROADWAY IMPROVEMENTS SUB TOTAL 203,095.35 20th AVENUE SW AND 17th LANE (BY ARCADIS) ROADWAY MATERIALS 110-1-1 CLEARING AND GRUBBING LS 1 61,276.00 61,276.00 110-4 EXISTING ASPHALT PAVEMENT REMOVAL SY 21785 1.00 2,785.00 120-1 REGULAR EXCAVATION CY 1,755 5.15 9,038.25 120-6 EMBANKMENT COMPACTED IN PLACE CY 71732 5.30 40,979.60 160-4-08 TYPE B STABILIZATION (811)SY 695 1.35 938.25 1604-12 285-704 TYPE B STABILIZATION (1211)SY CEMENTED COQUINA SHELL BASE OPTIONAL BASE GROUP 4)(6")I -LIFT SY 25,276 695 1.35 7.40 34,122.60 1 51143.00 0803 Itemized Bid Schede 96ISION 09-22-08 ITEMIZED BID SCHEDULE REVISED 9/22/08 PROJECT NAME: PAVING AND DRAINAGE IMPROVEMENTS TO 17th LANE S.W. FROM 27th AVENUE TO EAST APPROX. 900' 20th AVENUE S.W. FROM 21st STREET S.W. TO 17th LANE S.W. 17TH LANE S.W. FROM FALCON TRACE PROJECT ENTRANCE TO 20th AVENUE IRC PROJECT #0803 BIDDER'S NAME J,W.Cheatham, LLC NG: ' '�. �,$�,•� �5�..;��J , k .,� e. �- + , a �� . x", � AR300itt ,a 20th AVENUE SW AND 17th LANE (BY ARCADIS) ROADWAY MATERIALS Cont 285-706 CEMENTED COQUINA SHELL BASE OPTIONAL BASE GROUP 6)(811)2 -LIFTS SY 22 058 9.10 200,727.80 327-70-6 MILLING EXISTING ASPHALT PAVEMENT 1" AVERAGE SY 11045 3.50 3,657.50 334-1-1 SUPERPAVE ASPHALTIC CONCRETE -1"-SP 9.5 SY 23,460 5.25 123,165.00 334-1-2 SUPERPAVE ASPHALTIC CONCRETE -11/2" - SP 12.5 SY 22,000 7.10 156,200.00 334-1-163A TYPE S ASPHALTIC CONCRETE OVERBUILD TN 373 103.00 38,419.00 400-2-2 CLASS I CONCRETE, ENDWALL CY 3 773.00 2,319.00 425-1-351 INLET, TYPE P-5 EA 2 3,450.00 6,900.00 425-1-361 INLET, TYPE P-6 EA 1 31760.00 3,760.00 425-1-551 INLET, TYPE E EA 6 21730.00 16,380.00 425-1-711 INLET, TYPE V EA 3 31300.00 91900.00 425-2-43 MANHOLE, TYPE P-7 PARTIAL EA 3 2,008.00 6,024.00 425-2-61 INLET, TYPE P-8 EA 1 2,266.00 2,266.00 430-171-125 CONCRETE PIPE (1811)LF 11078 38.10 41,071.80 520-1-10 CONCRETE CURB & GUTTER TYPE F LF 731 10.00 7,310.00 520-3 CONCRETE VALLEY GUTTER LF 31898 10.00 38,980.00 522-1 CONCRETE SIDEWALK 4" THICK SY 1,927 24.00 46,248.00 522-2 CONCRETE SIDEWALK 6" THICK SY 731 35.00 25,585.00 310-7 0803 Itemized Bid Schedule REVISION 09-22-08 ITEMIZED BID SCHEDULE REVISED 9122108 PROJECT NAME: PAVING AND DRAINAGE IMPROVEMENTS TO 17th LANE S.W. FROM 27th AVENUE TO EAST APPROX. 900' 20th AVENUE S.W. FROM 21st STREET S.W. TO 17th LANE S.W. 17TH LANE S.W. FROM FALCON TRACE PROJECT ENTRANCE TO 20th AVENUE IRC PROJECT #0803 BIDDER'S NAME J.W.Cheatham, LLC LS = Lump Sum LF = Linear Foot EA = Each SY = Square Yard TN = Ton AS = Assembly CY = Cubic Yard 310-8 0803 Itemized Bid Schedule REVISION 09-22-08 Fx ��•� a� 3vlC`'� �.c < ,ffd� �x �� 777 tP.twJ „��, +� Md;., �si .<. U . .k. 20th AVENUE SW AND 17th LANE (BY ARCADIS) ROADWAY MATERIALS Cont) 575-1-1 SODDING BAHIA SY 14784 1.40 20,697.60 575-1-2 SODDING FLORATAM SY 3,000 3.00 93000.00 1643-700 VALVE BOX, ADJUST EA 4 247.00 988.00 TRAFFIC SIGNING AND MARKINGS 700-40-1 SIGN, SINGLE POST AS 13 222.00 2,886.00 700-46-21 SIGN SINGLE POST RELOCATE AS 8 113.00 904.00 706-3 RETRO -REFLECTIVE PAVEMENT MARKER EA 454 4.40 11997.60 711-11-121 6" SOLID WHITE THERMOPLASTIC LF 15,256 0.60 91153.60 711-11-123 12" SOLID WHITE THERMOPLASTIC LF 70 1.80 126.00 711-11-125 24" SOLID WHITE THERMOPLASTIC STOP BARS LF 373 3.00 1,119.00 711-11-131 6" SKIP WHITE 6'-10' THERMOPLASTIC LF 992 0.80 793.60 711-11-170 SOLID TRAFFIC ARROW WHITE THERMOPLATIC EA 21 52.00 1,092.00 711-11-211 6" SOLID YELLOW THERMOPLASTIC LF 15,453.0 0.60 91271.80 711-11-214 18" SOLID YELLOW THERMOPLASTIC LF 957 2.40 2,296.80 20TH AVENUE SW ROADWAY IMPROVEMENTS SUB TOTAL 943,521.80 LS = Lump Sum LF = Linear Foot EA = Each SY = Square Yard TN = Ton AS = Assembly CY = Cubic Yard 310-8 0803 Itemized Bid Schedule REVISION 09-22-08 ITEMIZED BID SCHEDULE REVISED 9/22/08 PROJECT NAME: PAVING AND DRAINAGE IMPROVEMENTS TO 17th LANE S.W. FROM 27th AVENUE TO EAST APPROX, 900' 20th AVENUE S.W. FROM 21st STREET S.W. TO 17th LANE S.W. 17TH LANE S.W. FROM FALCON TRACE PROJECT ENTRANCE TO 20th AVENUE IRC PROJECT #0803 BIDDER'S NAME J,W.Cheatham, MISCELLANEOUS SUB -TOTAL: 132,653.00 SUB -TOTAL AMOUNT OF BID (IN WORDS) l 17th LN SW (BY MASTELLER & MOLER, INC) SUB -TOTAL: SUB -TOTAL AMOUNT OF BID (IN WORDS) 181,810.25 pt,I, y� VCIMC� AV6o$w 4J e;j1l1 k14vfJ60«i �'�-►� d.11a p..� -i'ws..�-� -�;vim 17th LN SW (BY KNIGHT, McGUIRE & ASSOC., INC.) SUB -TOTAL: SUB -TOTAL AMOUNT OF BID (IN WORDS) 203,095.35 cr.-.4, TWO Y11AV1 A%eC'& -ItO""tNj V1i ii %fp 'f � � elftc�� -� :o+r T tVG cQNT} 20th AVENUE SW AND 17th LANE (BY ARCADIS) SUB -TOTAL: SUB -TOTAL AMOUNT OF BID (IN WORDS) N, 4t4vi �ciT i rc� Jf O�ktK.►� -Yi FORCE ACCOUNT: 943,521.80 4,.✓t» • y Grl t. jo lkwO.) ¢ e,/,.76 1 cc. ..� $30,000.00 FORCE ACCOUNT (IN WORDS): THIRTY -THOUSAND DOLLARS AND NO CENTS TOTAL BID AMOUNT: TOTAL BID AMOUNT (IN WORDS). Notot )tt») e.,: j ' ( do (ictfy 19491,080.40 QVt f -ti ��(t7vr, -�cuv �kwlvccl �'t I�4'7 oK a 0803 Itemized Bid Schedule REX/ M09-22-08 5.01 Bidder shall complete the Work in accordance with the Contract Documents for the price(s) contained in the Itemized Bid Schedule: A. The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. B. The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans. Furthermore, the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such cmissions. C. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided. The quantities actually required to complete the contract and work may be less or more than so estimated, and, if so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. D. Unit Prices have been computed in accordance with paragraph 11.03.13 of the General Conditions. 6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14.07.13 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of B g c N B. A tabulation of Subcontractors, Suppliers [and other] individuals and entities required to be identified in this Bid; C. Sworn Statement Under the Florida Trench Safety Act; D. General Information Required of Bidders; E. List of Subcontractors; and F. Itemized Bid Schedule. 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on �t 1 , 20 $$. State Contractor License No. C C C O 00310 - Bid Form REV 04-07 00310-9 F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00310 - Bid Form REV 04-07.doc i State Contractor License No. c G C o 3 L, G If Bidder is: A Corp9r9tion --�L � Corporation Name:�-� ��r'`'' L State of Incorporation: t t - Type (General Business, Professional, mited Liabil (Signature — attach evidence of authority to sign) Name (typed or printed): ,tee �G J� • h-� o kss -' Title: V I_POO (SEAL) (CORPORATE SEAL) Attest (Signgturf 'gftorporate Secretary) F� Business address: 739 wcstP''-+ P I I,J- p• B P4 3 3 ti13 Phone No.: ( <6 i J ii 7 i - 4_it a a FAX No.: (5 61) 1171-e348' Date of Qualification to do business is I I / Z ti I V 9 * * END OF SECTION * * 00310 - Bid Form REV 04-07 00310-10 F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\0031 D - Bid Form REV 04-07.doc Indian River County Purchasing Division 180027 1h Street Vero Beach, FL 32960 Phone (772) 5674000 Ext. 1416 Fax (772) 770=5095 ADDENDUM NO. 1 Date. Date August 26, 2008 Project Name: 17TH LANE S.W. FROM 27TH AVENUE TO EAST APPROX. 900' 20TH AVENUE FROM 21ST STREET S.W. TO 17TH LANE S.W. 17TH LANE S.W. FROM FALCON TRACE PROJECT ENTRANCE TO 20TH AVENUE Bid Number: 2008073 Bid Opening Date: September 24, 2006 at 2:00 pm *************This Addendum MUST be returned with your Bid************** All Bids must be mailed to the Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960 Prior to the Date and Time shown above. Late bids will be returned unopened. The Pre -Bid Conference was inadvertently stated as Sept. 3, 2008 at 10:00 PM, please note this Pre -Bid Conference will be held on Sept. 3, 2008 at 10:00 AM Company Name Name: 5 c; e J k ss 4 ue o Title: U .� . (Type / Printed) Authorized Signature: S P� Date: Telephone: ( 5 j) 7 1 - j 4 4 Page 1 of I e // /0 � Fax:L 511) Lill -S)4b Indian River County Purchasing Division 180027 1h Street Vero Beach, FL 32960 Phone (772) 5674000 Ext. 1416 Fax (772) 770-5095 ADDENDUM NO.2 Date. Date August 26, 2008 Project Name: 17TH LANE S.W. FROM 27TH AVENUE TO EAST APPROX. 900' 20TH AVENUE FROM 21ST STREET S.W. TO 17TH LANE S.W. 17TH LANE S.W. FROM FALCON TRACE PROJECT ENTRANCE TO 20TH AVENUE Bid Number: 2008073 Bid Opening Date: September 24, 2008 at 2:00 pm *************This Addendum MUST be returned with your Bid************** All Bids must be mailed to the Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960 Prior to the Date and Time shown above. Late bids will be returned unopened. Addendum #I stated The Bid Opening is to be held on September 24, 2006 The Bid Opening is to be held on September 24, 2008 Company Name -%.v. <_Ka LL c. Name: 5 ; c 110% • I`i ° ss ` Title: (Type / Printed) Authorized Signature: S • t* -6 1A W\ ~ Date: Telephone: 5G1) 11- _11a.j Page 1 of 1 v•P• 10/t/n a' Fax: 5 61) ti 71 - 2' �"i $ Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 Phone (772) 5674000 Ext. 1416 Fax (772) 770=5095 ADDENDUM NO.3 Date. Date September 8, 2008 Project Name: 17TH LANE S.W. FROM 27TH AVENUE TO EAST APPROX. 900' 20TH AVENUE FROM 21ST STREET S.W. TO 17TH LANE S.W. 17TH LANE S.W. FROM FALCON TRACE PROJECT ENTRANCE TO 20TH AVENUE Bid Number: 2008073 Bid Opening Date: September 24, 2008 at 2:00 pm ********t****This Addendum MUST be returned with your Bid************** All Bids must be mailed to the Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960 Prior to the Date and Time shown above. Late bids will be returned unopened. The following are a list of questions that were brought up at the Pre Bid Conference held on 9-348 The Itemized Bid Schedule included in the Bid package stated incorrect quantities. Attached is the corrected Itemized Bid Schedule. Please insert this document in your bid package. If you have any questions, please feel free to contact our office. Company Name Name: 5 a ✓ c J h'x . f� l .' Lt SS or %/ 1 (Type / Printed) Page I of 2 Title: v P Authorized Signature: S • r-.. �.,,�,.. Date: Telephone: Gtr t11 l —Llifta Page 2 of 2 Fax:�jL() L�71-Z�3Lit� Indian River County Purchasing Division 180027 1h Street Vero Beach, FL 32960 Phone (772) 2264986 Fax (772) 770-5095 ADDENDUM NO.4 Date. September 22, 2008 Project Name: 17TH LANE S.W. FROM 27TH AVENUE TO EAST APPROX. 900' 20TH AVENUE FROM 21ST STREET S.W. TO 17TH LANE 17TH LANE S.W. FROM FALCON TRACE PROJECT ENTRANCE TO 20TH AVENUE IRC Project No. 0803 Bid Number: 2008073 Bid Opening Date: The Bid Opening date September 24, 2008 at 2:00 pm is hereby amended to October 1. 2008 at 2:00 p.m. TO ALL PROSPECTIVE BIDDERS. TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED: This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements of the Contract Documents. Therefore, it hereby supersedes anything to the contrary in the Bidding Requirements or contract Documents. This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents. All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents. Questions received less than five days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All Bids must be received by the Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960 prior to the date and time shown above. Late bids will be returned unopened. Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER *************This Addendum MUST be returned with your Bid************** Page I of 3 ..... w . . e n...• a I_ _. Ann . v _ __. _!1A r. I_._I I JJ.... J..Y. 8/ J.... GENERAL ADDENDUM NO. 3, dated September 8, 2008, is VOID and ADDENDUM NO. 4, dated September 225 2008, SUPERCEDES IT. The opening paragraph on previous Addendums stated "All bids must be "mailed to" the Purchasing Division..... . It should read "All Bids must be "received by" the Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960 Prior to the Date and Time shown above. Late bids will be returned unopened." PRE-BID MEETING September 3, 2008 (Questions, clarifications, corrections and changes): Clarification / Correction: The wrong Itemized Bid Schedule and Division 2 Technical Provisions were inadvertently placed in the Contract Documents and Specifications and shall be amended by replacing the attached revised Itemized Bid Schedule and Division 2 Technical Provisions. Question 1. Who will remove the concrete pipes at the intersection of 21s' Street SW and 20th Avenue SW? Answer. The concrete pipe at this location will be removed by the Developer of Falcon Trace prior to construction. Question 2. Will the oak trees along the 17"' Lane corridor between 27`" Avenue and 20th Avenue be removed or remain? Answer. The trees along the north side of 17'' Lane SW corridor between 27th Avenue and 20th Avenue are as follows: The trees on the north side of the Masteller & Moler portion of the 17d' Lane SW plans are behind the proposed curb & gutter which fall under a 4' clear zone, and are to remain. The trees on the north side of the Knight & McGuire portion of 17th Lane SW plans, which does not have curb & gutter, fall under an 18' clear zone and are to be removed and shall be included in the Itemized Bid Schedule, Revised 09/22/08, Item No. 110-1-1 CLEARING AND GRUBBING with the exception of one (1) 30" oak tree which is out of the clear zone and will be identified prior to construction by the ENGINEER. Masteller & Moler Plans. Question 1. Item No. 327-7-6 MILLING EXISTING ASPHALT PAVEMENT is indicated in the Itemized Bid Schedule, but is not on the plans. Answer. This is intended to be included in Item No. 1104 EXISTING ASPHALT PAVEMENT REMOVAL and will be added to the Itemized Bid Schedule. See Itemized Bid Schedule, revised 09/22/08. Question 2. Item No. 339-1 ASPHALT PAVEMENT (MISCELLANEOUS) is indicated in the Itemized Bid Schedule in S.Y. but not shown on the plans. Please clarify. Answer. There is no asphalt pavement (miscellaneous) shown on the plans. Line Item 3394 ASPHALT PAVEMENT (MISCELLANEOUS) will be removed from the Itemized Bid Schedule. See Itemized Bid Schedule, revised 09/22/08. Page 2 of 3 Question 3. How is the Embankment to be measured and paid? Answer. Embankment is measured in C.Y. based on plan quantities and will be paid as a compacted in-place fill. Arcadis Plans: Question 1. There is an overbuild item on the plans but no line item. Answer. This was added as Item No. 3344463A TYPE S ASPHALTIC CONCRETE — TN See Itemized Bid Schedule, revised 09/22/08. Knight and McGuire Plans: Question 2. As stated on the plans, there is an option to use asphalt overbuild in lieu of new base and stabilization. Answer. Due to the high cost of asphalt, overbuild will only be allowed when the cost of overbuild is less than the cost of new base and stabilization. The overbuild location is to be determined in the field by the ENGINEER. Addendum No. 1, No. 2, and No. 3 (VOID) are also attached for your use. ADDENDUM NO.4 is submitted 1 Company Name Name: Se YeI D. Nixon, P.E., Roadway Production Manager Aov", LLr Pot • J t a Title:y' P (Type / Printed) // Authorized Signature: S • hot kms' r Date: %° A/O 1?0 Telephone: C 5 6 LA I Ll I d '' Fax: � 5 1!) L0 I 3 Li e Page 3 of 3 +w... A.._ nnn 7 r. __... _��e4L A....1 A dd....d..». 414 dnn AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we J.W. Cheatham, LLC 7396 Westport Place, West Palm Beach, FL 33413 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and SAFECO Insurance Company of America (Here insert full name and address or legal title of Surety) 5792 Widewaters Parkway, DeWitt, NY 13214 a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto Indian River County (Here insert full name and address or legal title of Uwner) Board of Commissioners, 18.00 27th Street, Vero Beach, FL 33960 as Obligee, hereinafter called the Obligee, In the sum of Five Percent of Amount of Attached Bid -----------------------------------------------=--------------------------------------- Dollars ($ ---5% of Bid--- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) 17th Lane S.W. from 27th Avenue to East Appox 900', 20th Avenue from 21 Street S.W. to 17th Lane S.W., 17th Lane S.W. from Falcon to 20th Avenue Bid No. 2008073 - Project No. 0803, 0837, 0838 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and,5. this 10th day of September, 2008 J.W. Cheatham, LLC (Witness) S. (Witness) (Principal) (Seal) (Title) SAFECO Insurance Comnanv of America A. Lower /(Title) Attorney -In -Fact AIA DOCUMENT A310 - BID BOND - AIA - FEBRUARY 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 ® Printed on Recycled Paper 9/93 (Seal) ACKNOWLEDGMENT OF PRINCIPAL, IF A LIMITED LIABILITY COMPANY State of Florida � County of On this 10th day of September, 2008, before me personally came and appeared Sc �� 1"% • 1`�% 0 4 ss A % t , to me known, who being by me duly sworn, did depose and say that he resides in the City of • Q • G ; that he is the V • j� of J.W. Cheatham, LLC, the limited liability company described in and which executed the foregoing instrument; that he knows the seal of said limited liability company; that one of the seals affixed to said instrument is such seal; that it was so affixed b order of the managing members of said limited liability company, and that he sign thereto by like order. i610te of Florida •-•• — -- - Commission # DD 357642 Bonded By National Notary Assn. SURETY ACKNOWLEDGMENT State of New York County of Onondaga On this 10th day of September, 2008, before me personally appeared Francis A. Lowther to me known, who being by me duly sworn, did depose and say: that he resides in the City of Syracuse, NY; that he is the Attorney -In -Fact of the above signed surety, the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he signed his name thereto by like order. 12 C. J Notary Public JEAN C. MCCARTHY Notary Public, State of New York No. 01 MC6071225 Qualified in Onondaga County. My Commission Expires March 11, 7LiU Safeco Insurance Company of America General Insurance Company of America POWER Safeco Plaza EM -S OF ATTORNEY Seattle, WA 98185 No. 13043 KNOW ALL BY THESE PRESENTS: TGENERAL INSURANCE COMPANY OF AMERICA, each a That SAFECO INSURANCE COMPANY OF AMERICA and Washington corporation, does each hereby appoint **********RICHARD W. HEINMILLER; FRANCIS A. LOWTHER; BARBARA O'CONNOR; ROBERT B. PARRISH; J. MICHAEL REAGAN; Marcellus, New York******** its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents August 2008 this 18th day of r. S crnr+w._ ...-.�.. • -- - - - CERTIFICATE Extract frod AMERICA of GENERAL INSURANCE COMPANY OF AMERICA: a "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from and of GENERAL INSURANCE (COMPANY OF AMERICA doptedrectors of SAFECO INSURANCE July COMPANY aF AMERICA "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 10th day of Sevtembe 2-00-8-- S-0974/DS 4/05 SEAL' woo rtyc0 •fit .- i x laSTEPHANIE DALEY-WATSON, SECRETARY sOf. Safeco and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF SECTION 00452 DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS8 the aD1 0270), °aA0 This sworn statement is submitted with Bid, Proposal or Contract No's./ for ,Am. Ana Ilrnin!nnc ImnrnvcmanfQ fn 17th I ane SW from 27th Avenue to East in n ne Falcon Trace Project Entrance to 20"' Avenue. 1. This sworn statement is submitted by: 7Zy' I (Name of entity submitting sworn statement) whose business address is: 7 act ` 14/es+ Po oo + P W P• 6. I✓ L 334 13 and (if applicable) its Federal Employer Identification Number (FEIN) is 2 c ! 9 2 14 7 cl 2. My name is (Please print name of individual signing.) and my relationship to the entity named above is V i L c. Dir. s t a 3. 1 understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. I. 4. 1 understand that the relationship with a County Commissioner or County employee that must be disclosed is as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in- law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent or grandchild. 5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. Please indicate which statement applies Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in Section 105.08, Indian River County Code, with any County Commissioner or County employee. 00452 - Disclosure of Relationships REV 04-07 00452-1 F:\Engineering\Capital Project5\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00452 - Disclosure s aointinnshios REV 04-07.doc *23 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: (signature) (date) 1 STATE OF �L COUNTY OF Personally appeared before me, the undersigned authority, S who sf�er first being sworn. by me, affixed his/her signature in the space provided above on thisof 0C4: UzyftIWV l'0 l4,>jq hg f- )qP?coq01 L%P ,` W111 Notary R tic, State at 'ozao�r t'.1 1U nN.4.WUki0•Wy:, O IJOh )n alr�„ Jrl�ind Alplp '� Myr fission Expire: - �s N :, , ef END OF SECTION 00452 - Disclosure of Relationships REV 04-07 00452-2 F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00452 - D sclosure DCS/ nd_n7 rimr. 1 SECTION 00454 = Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ("BIDDER"), OR ITS AUTHORIZED REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS, This Sworn Statement is submitted with Project No's. 0803, 0837. 0838 for Paving and Avenue. 2. This Sworn Statement is submitted by J' w' ctt C4i a•wi , L L c. I(Legal Name of Entity Submitting Sworn Statement) hereinafter "BIDDER". The BIDDER's address is I 73ti4 1 ab+pe•4 plats w• P• Q, PL• 331,13 BIDDER's Federal Employer Identification Number (FEIN) is Zo 19z 3 4 7 ei 3. My name is S i 5; h • M o LA AA Ar of 1 and my relationship to the BIDDER (Print Namel of Individual Signing) 111 IS k/ Cc (Position or Title) I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. 4, The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act, Section 553.60 et.seq Florida Statutes and refer to the applicable Florida Statue(s) and/or OSHA Regulation(s) and include the "effective date" in the citation(s). Reference to and compliance with the applicable Florida Statute(s) and OSHA Regulation(s) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 5. The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards, 6, The BIDDER has allocated and included in its bid the total amount of $ Z S13• ° a based on the linear feet of trench to be excavated over five (5) feet deep, for compliance with the applicable Trench Safety Standards, and intends to comply with said standards by instituting the following specific method(s) of compliance on this Project: cps >L The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness, or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 7) The BIDDER has allocated and included in its bid the total amount of $ ZSR' based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method(s) of compliance on this Project: T�. k H a•� 00454-1 00454 - Florida Trench Safety Act - REV 04-07 F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00454 - Florida Trnn�h Qefehi AM . RFS/ n6.n7 Anr The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 8) The BIDDER, in submitting this bid, represents that it has obtained and considered all available geotechnical information, has utilized said geotechnical information and that, based on such information and the BIDDER's own information, the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project. BIDDER: 7370 w• A By: . r.., . AWL LL Position or Title: V; C c Pf&,3; 1 e..04 Date: STATE OF r L COUNTY OF �a '►� cL 16/1 /0 z? Personally appeared before me, the undersigned authority, r-►. Ha uss # who after first being sworn by me, affixed his/her signature in the space provided above on this I &'--dav of n C f• ?n o k •`'`"� P'�''' 0,_ .,t FIixlCiu 4i /arc • - Ccrnmt�4. w u •.; 2008 Notary P blic, State PT= CotTtmissi�1n 0 DD 357642 '' °i . Bonded By Nc,tioncl Notary Assn. My Commission Ex e97 ,X11,,, * * END OF SECTION * * 00454-2 00454 - Florida Trench Safety Act - REV 04-07 FAEnginearing\capital Projects\0803 77th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00454 - Florida SECTION 00456 - QUALIFICATIONS QUESTIONNAIRE NOTICE: THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON - RESPONSIBLE BIDDERS. UNDER PENALTY OF PERJURY, the undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained. Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Attach additional sheets as required. Documentation Submitted with Project No's: 0803, 0837, 0838 Project Name: 17th Lane trom raicon i race rrolect tnirance to zu Hvenue. kA 4t Bidder's Name / Address: a • W • %- e" u"^" 10 :3 34 u✓etpo-4 pis i w• P• B_ FL• 33413 1. Bidder's Telephone & FAX Numbers: (5 41) t'i ? 1 — Li 1 e o �S6I� Lo, 3 3 L 3' 2. Licensing and Corporate Status: a. Is Contractor License current? YC 5 b. Bidder's Contractor License No: r K Co 19 4 6 S [Attach a copy of Contractor's License to the bid] c. Attach documentation from the State of Florida Division of Corporations that indicates the business entity's status is active and that lists the names and titles of all officers. LL 3. Number of years the firm has performed business as a Contractor in construction work of the type involved in this contract: 3?3 YC4�s 4. What is the last project OF THIS NATURE that the firm has completed? GrCCvAy;��✓ 5140 9� 13\.,, •oli j ai-w, �e.,v4 jc�vL4 i✓► to rt.,_y 'IL Pkbl; L woo# ks Ds t 5. Has the firm ever failed to complete work awarded to you? A10 [if your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which the firm failed to complete the work.] 7. Has the firm ever been assessed liquidated damages? AVD [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed.] 8. Has the firm ever been charged by OSHA for violating any OSHA regulations? !V� 00456 - Qualifications Questionnaire - REV 04-07 00456-1 F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0603 Contract Documents\00456 - Qualifications Questionnaire - REV 04-07.doc [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which OSHA violations were alleged.] 9. Has the firm ever been charged with noncompliance of any public policy or rules? No [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project.] 10. Attach to this questionnaire, a notarized financial statement and other information that documents the firm's financial strength and history. "v& j I`Wew tfaWV re�`i`«sf' 11. Has the firm ever defaulted on any of its projects? 12 13, 14. 15. its 17 [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which a default occurred.] Attach a separate page to this questionnaire that summarizes the firm's current workload and that demonstrates its ability to meet the project schedule. Name of person who inspected the site of the proposed work for the firm: Name: S e ; c,1 Ho 1` 0"J SA mOl Name of on-site Project Foreman: Date of Inspections: cc Civil a C1/2 IV /a; ,j Number of years of experience with similar projects as a Project Foreman: 5 Name of Project Manager: M o c I" iv a s.S A � I Number of years of experience with similar projects as a Project Manager: Z o State your total bonding capacity: 3:%4 CA Cc 20a5 0mr 5 lit boeft> State your bonding capacity per job: "LK C54 Zo Pill IIloom de 114L�00 18. Please provide name, address, telephone number, and contact person of your 5 u ,' [ p :C" S k *&&% ee Ce . bonding company: C N $ Et /`+u i1 v 5d"• v (5o') 777- z e 9 4- 1#A4 C*,. C c0 0 A* s, N.Y. 13109 [The remainder of this page was left blank intentionally] 00456 - Qualifications Questionnaire - REV 04-07 00456-2 FAEngineering\Capital Projects\080317th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00456 - Qualifications Questionnaire - REV 04-07.doc i in U N O L CL ca N.. Q cJ_ G Cn 0 m co CD c O O 4- W w N a. O A 0 v 0 w m C: c 0 U) CD d c 0 U cc 7 d co to 0 0 E u La C V any LL t V LM o ca E s ° Pft Q a- Ir ao — v\ t)4 �- LM o � L d R 1 Z o nQ C Z d N L Q asCL v d � V .ia _ n � A A No O+ m r• V S l�1Yl/ W a v L d S co S�+ O ^L S " a. H O� r o d 0 m m N �l N � r o as CL _. fi C > ° f S f LzE 0 v 0 w m C: c 0 U) CD d c 0 U cc 7 d co to 0 0 E u [NOTE: If requested by the County, the Bidder shall furnish references, and other information, sufficiently comprehensive to permit an appraisal of its abilities as a contractor.] By: * * END OF SECTION * * S, r"t' it's �'►� I (Signature) (Position or Title) (Date) 00456 - Qualifications Questionnaire - REV 04-07 00456 - t F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00456 - Qualifications Questionnaire - REV 04-07.doc -':.1 11/�/LVV2 V.VV t!]VL VV1/VVL �1V11uK LV(/.. �� ------ ap.partment of ftlp I certify the attached is a true and correct copy of the Articles of Organization of J.W. CHEATHAM LLC, a limited liability company organized under the laws of the state of Florida, filed on November 24, 2004, as shown by the records of this office. I futher certify the document was electronically received under FAX audit number H04000233871. This certificate is issued in accordance with section 15.16, Florida Statutes, and authenticated by the code noted below The document number of this limited liability company is L04000085403. Authentication Code: 704A00066805 -112904-L04000085403-1/1 Given under my hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the Twenty-ninth day of November, 2004 _AND . a �= •IN • 0 2008 LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT # L04000085403 1, Entity Name J.W. CHE:ATHAM LLC Principal Place of Business Mailing Address 7396 WESTPORT PLACE 7396 WESTPORT PLACE WEST PALM BEACH, FL 33413 WEST PALM BEACH, FL 33413 I IIIII�II IIII III VIII III q�l ��I B �II ��I IIB (NI 03192008 Chg-LLC CR2E083 (12/06) 2 Principal Place of Business - No P.O. Box # 3. Mailing Address Suite, Apt. #, etc. Suite, Apt. k, etc. City &State City & State 4. FEI Number Applied For 20-192$479 Not Applicable Zip Country Zip Country 5. Certificate of Status Desired $5.00 Additional Fee Required 8. Name and Address of Current ReOstered Agent 7. Name and Address of New RaOstered Agent Name BAKER, DAVID H ESQ Street Address (P.O. Box Number is Not Acceptable) 321 ROYAL POINCIANA PLAZA PALM BEACH, FL 33480 City FL Zip Code 8. The above named entity submits this statement for the purpose of changing Its registered office or registered agent, or both, in the State of Florida. l am familiar with, and accept the obligations of registered agent. SIGNATURE Signature, rypae orprinted rnme of registered agent andwo H applicable. (NOTE: RagiuereC Agent signature raquratl when reinstating) GATE FILE NOW111 FEE IS $138.75 Make check payable to After May 1, 2008 Fete will be $538.75 Florida Department of State 81 MANAGING MEMBERS/ MANAGERS 10, ADDITIONS/CHANGES MGR ❑ Delete TITLE / ❑ Change ddition tiG �r sr�ih �`rt MAHEU, JOHN JR NAME C ht�L ✓_� ze, P/ [ETITLE DOHESS 7396 WESTPORT PLACESTREET ADDRESS 3''fG%r e./� -ZIP WEST PALM BEACH, FL 33413 CITY -ST -ZIP �/; ,tir• T��t 33 y/ TITLE MGR ❑ Delete TITLE ❑ Change ❑ Addition NAME J.W.C. HOLDINGS, INC. NAME STREET ADDRESS 7396 WESTPORT PLACE STREET ADDRESS CITY -ST -ZIP WEST PALM BEACH, FL 33413 CITY -ST -ZIP TITLE MGR ❑ Delete TITLE ❑Change ❑Addition NAME BROWN, SHERRY Y NAME STREET ADDRESS 7396 WESTPORT PLACE STREET ADDRESS CITY -ST -ZIP WEST PALM BEACH, FL 33413 CITY -ST -ZIP TITLE MGR ❑ Delete TITLE ❑ Change ❑ Addition NAME DAMRON, HAROLD M NAME STREETADDREss 7396 WESTPORT PLACE STREET ADDRESS CITY -ST -ZIP WEST PALM BEACH, FL 33413 CITY -ST -ZIP TITLE MGR ❑ Delete TITLE ❑ Change Addition NAME MOUSSAVI, SEYED M NAME STREETADDREss 7396 WESTPORT PLACE STREET ADDRESS CITY -ST -ZIP WEST PALM BEACH, FL 33413 Cm-ST-zIP TITLE MGR ❑ Delete TITLE ❑ Change ❑ Addition NAME UHRIG, THOMAS NAME STREET ADDRESS 7396 WESTPORT PLACE STREET ADDRESS clTy-sT-zip I WEST PALM BEACH, FL 33413 CITY -ST -ZIP 11. 1 hereby certify that the information this filing does not quality for the exemptions contained in Chapter 119, Florida Statutes. I further certify that the information indicated on this report is tru n that my signature shall have the same legal effect as if made under oath; that I am a managing member or manager of the limited liability company a receive r tru a empowered to execute this report as required by Chapter 608, Florida Statutes. /7lm SIGNATURE: Maw 0 SIGNATURE AND TYPED OR TED NAME OF SIGNING MANAGING MEMBER, MANAGER, OR AUTHOR= IMM ESENTATNIE OaNime Phone 9705 [�7 L the 'prd"vi.sions'=o!,r Cna tion date: AUG 31, 20 WEST PALM REACH FL 33 411: IA+I a"�'' I. I'ttt ::i 11rYti.: I hr 'T'... '_'C—:�. l _ ft 11 I'y„ Hi I T I1 it 1ta� k' ypn 1 11 ,I'_a l r _` ;I vl t:I"I ,�w0.1` Itilr� .�IF. ,r11 116' „c OVERNOR AC# 8 J:> _I 6/:2,0.0.8 Named b1.elo Under the` Expiration MOUSSA JW CHZ: 7396_:=W WEST R .F Idd S'EQ# L'o:'�`0 7 i'8 WORK ALLW , n = _ IT HAS: A QiTALIF'I�" _ t 77 7717 c d ' Old 1r I Id Idd i 'aef 14 P Im iM iMMq { y.':' dal, n. ; I, k., :` L `IhA: t 1 4 IT �I IiO,I;LS1' BE I. _led t r _ `.�,' x Gi SECRETARF �r �a�w.n P.YIz /1111f11-1"1''�V 1 AIl1!"`�� T% -- ATE Or FLORIDA- - CONT, RA'CTO'R;`<' ISI CER. 1TIFIRDr -4nId D.Vis ons o -Cha . -81, ate: AUG 311 2010 Id PP 8EYE1.0 M ' 7 K. r �rr CPORT'`PL r 1 14" BEACH FL 3 13 'ESSIONAL REGULATION LENSING .BOARD SEQ# L080816Ot)84`.5 CHARLIE CRIST r z; y GOVERNOR ;< Rl11REQ BY LAW 2006=09027 J W CHEATHAM LLC MOUSS'AVI SEYED M CW -001 CLASS]FICATION LOCATED AT C/WIDE 7396 WESTPORT PLACE WEST PALM BEACH FL 33413-1661 TOTAL This receipt is hereby valid for the above address for the period beginning on the first day of October and ending on the thirtieth day of September to engage in the business, profession or occupation of GENERAL CONTRACTOR CGCO18468 ANNE M. GANNON TAX COLLECTOR, PALM BEACH COUNTY THIS IS NOT A BILL - DO NOT PAY 369.60 369.60 PAID. PBC TAX COLLECTOR 369.60 BTR 049 01735522 09/25/2008 THIS DOCUMENT IS VALID ONLY WHEN RECEIPTED BY TAX COLLECTOR 'v r n 4 Z cr z 3 Z o $ v proj C C gco 3 m =1Z _ =r a O FRL a� C 0 to i+ yp N Chi Z O toCD 10O v M 40) 40 w N P OD o co) D ww W Q�p N V ea w v owo w N � NV � � � C q F4 G m W A to N s n v ZO O N CD m O V Ori W �A w yOj C ~ O O -► QNB f0 IA cm ML m .40 n C! G �j 0 yN ca cy, Cb) Z 0 Z C -1 m W60 { 0 0 0 0 0 0 o -Z-f A C� O O �o A O O N z a v n O p „ low* Q O w rn N99 7C a �p M O -n v WO .n 0 x �m U;p 3 oz m a m m 3 C$ m s a to sr 3 O x O O RL co n ? $ C" CZ� N s o 40 40 O CD MIL% p =mC w m o � m z N 0 44 49 w CA 0 t Oz 0 vi p N g O n a yq N Nto 0 .86 A 1 SMIz nw -_ CA • ~ s C) 3 WCA m v v v Omvr O� "' v Cc F9 o z 60 0 d, 0 .4 vZ0) o � A -I O 8 A O O N z a v Cerci icate (Limited Liability Company) The undersigned hereby certifies that the following are true and correct statements: 1. That he/she is the assistant Secretary of J.W. Cheatham, LLC, a Limited Liability Company organized and existing in good standing under the laws of the State of Florida hereinafter referred to as the "LLC" and that the following Resolutions are true and correctcopies of certain Resolutions adopted by the Board of Directors of the LLC as the 1st day of October, 2008, in accordance with the laws of the State of the state of incorporation of the LLC, the Articles of Incorporation and the By-laws of the LLC. RESOLVED, that the LLC shall enter into that certain Agreement between Indian River County, a political subdivision of the State of Florida and the LLC, a copy of which is attached hereto, and be it. FURTHER RESOLVED, that So ed M. Moussavi, the Vice President of the LLC, is hereby authorized and instructed to execute such Agreement and such other instruments as may be necessary and appropriate for the LLC to fulfill its obligations under the Agreement. 2. That the foregoing resolutions have not been modified, amended, rescinded, revoked or otherwise changed and remain in full force and effect as of the date hereof. 3. That the LLC is in good standing under the laws of the State of Florida or its state of Incorporation and has qualified, if legally required, to do business in the State of Florida and has the full power and authority to enter into such Agreement. IN WITNESS WHEREOF, the undersigned has set his hand and affixed the Corporate Seal of the LLC the 1 st day of October, (Corporate Seal) She Y. Brown Assistant Secretary (Print Signatory's name & title) SWORN TO AND SUBSCRIBED before me this I s day of v c.4' , 2008, by the assistant Secretary of the aforesaid LLC, who is personally known to me OR who produced as identification and who did take an oath. �,,...u„ MIKE DAMRON 0�,.{yY PV�.,� Notary Public -State of Florida * * • _ My Commission Expires Mar 12, 2011 ",o;= commission f1 DD 631902 r oo-�. OF ��` Bonded Through National Notary Assn otary Notary's Name) NOTARY PUBLIC State of Florida at Large My commission Expires: SECTION 00458 - List of Subcontractors The Bidder SHALL list below the name and address of each Subcontractor who will perform work under this Contract in excess of one-half percent of the total bid price, and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Bids, changes or substitutions will not be allowed unless approved by Indian River County after a request for such a change has been submitted in writing by the Contractor, which shall include reasons for such request. Subcontractors must be properly licensed and hold a valid Certificate of Competency. C%6 ok�i++ora ,Ari+h Prniact Nn's_ 0803.0837. 0838 for Paving and Drainage Work to be Performed 1. U N �iJ A►rpN� 2. 3, s o 4. 5, 5�~ P1A 7 6, 7, 8. 9. 10, 11, 12, 13, 14, 15, 16, 17. Note: Attach additional sheets if required. Subcontractor's Name/Address 15jrel lot is &�, F6. 33 y720 Ack '- f'as rwe*Lp Y►� s erzv,6efq J 3 ✓1 �' �►^� 177 7j 40 ynf p,G�� s�� P� �" p• o- g e �. S z- S� Lox 4 k� c ti �-�-� �C.. 33ti7� 00458 - List of Subcontractors REV 04-07 00458-1 F:\Engineering\Capital Projects\080317th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00458 - List of Subcontractors REV 04-07.doc SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title - . • - ARTICLE1 - WORK.................................................................................................................................2 ARTICLE2 - THE PROJECT..................................................................................................................2 ARTICLE3 - ENGINEER........................................................................................................................2 ARTICLE4 - CONTRACT TIMES..........................................................................................................2 ARTICLE5 - CONTRACT PRICE..........................................................................................................3 ARTICLE 6 - PAYMENT PROCEDURES...... ........................... .............................................. 3 ARTICLE7 - INDEMNIFICATION........................................................................................................5 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS......................................................................5 ARTICLE 9 - CONTRACT DOCUMENTS...."....,., .................. ............... .... 0 .................... 6 ARTICLE 10 - MISCELLANEOUS.........................................................................................................7 rTHE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 00520 - Agreement (Public Works) REV 04-07 00520-1 F:\Engineering\Capital Projects\080317th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00520 - Agreement (Public Works) REV 04-07.doc SECTION 00520 = Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and J.W. Cheatham, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The work is generally described as follows: ARTICLE 2 = THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: County Project Numbers: Pr ect Address: L 17U ARTICLE 3 — ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER 9s representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents, ARTICLE 4 = CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed on or before the 210day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 240 day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,288.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $1,288.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 = CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5,01,B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:: Numerical Amount: $ 1, 491, 080.40 Written One Million Four Hundred Nintety One Thousand Eighty Dollars and Forty Cents. ARTICLE 6 - PAYMENT PROCEDURES Amount: 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents, 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds, ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents, B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions, E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data conceming conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Agrcert*rt.dw i% � CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents, G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents, H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents, I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9); 2. Performance Bond (pages 00610-1 to 00610-5); 3. Payment Bond (pages 00612-1 to 00612-5); 4. General Conditions (pages 00700-1 to 0070046); 5. Supplementary Conditions (pages 00800-1 to 00800-8); 6. Specifications as listed in the table of contents of the Project Manual; 7. Drawings consisting of a cover sheet and sheets numbered 1 through 9, inclusive, with each sheet bearing the following general title: Roadway Plans for 17'h Lane SW; Drawings consisting of a cover sheet and sheets numbered 1 through 44, inclusive, with each sheet bearing the following general title: 2& Avenue from 218' Street SW to North of 174' Lane SW Roadway Plans; Drawings consisting of a cover sheet and sheets numbered 1 through 3, inclusive, with each sheet bearing the following general title: Construction Plans for Falcon Trace Subdivision Offsite Roadwav Imomvempntc fnr 17th I vino cw• 8. Addenda NONE 9. Appendices to this Agreement (enumerated as follows): Appendix A — Permits Appendix B - Best Management Practices Appendix C — As Built Record Survey Appendix D — Roadway Soil Survey 10. Notice to Proceed (Page 1, inclusive) 11. CONTRACTOR'S BID (pages 1 to 9, inclusive) 12. Bid Bond (pages 1 to 4, inclusive), Qualifications Questionnaire (page 1 to 4, inclusive), List of Subcontractors (page 1 inclusive). 13. Sworn Statement Under the Florida Trench Safety Act (pages 1 to 2, inclusive) 14. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 1 to 2, inclusive) 15. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). 16. Contractor's Final Certificate of the Work (page 00632 —1 & 2 of the Specifications) ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. AWewwnwoc 00520-7 FAIDuid ng%Bida12W7-2008 FY (2008900)12008073 Paving and da lege 4rProran ent b Ift Lana SW (Falcon Trace Pmj cQVkWaemenLdoc 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents, 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract 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 Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. [The remainder of this page was left blank intentionally] IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on ergg 2008 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY Bir TPM S SUFFICII By: Vide -Chairman � A A. Band;Coc Ea3 G: fir 9 Jeffrey K. Barton, (SEAL) Administrator LEGAL II, County Attorney of Court Designated Representative: Name: Christopher J. Kafer . Jr.. P.E. Title: County Engineer 1801 27th Street Vero Beach, Florida 32960 (770) 567-8000, ext. 1221 Facsimile: (772)778-9391 CONTRACTOR: J.W. Cheatham, LLC By: (Contractor) PORATE :SEAL) ..-J-ez..� Address for giving notices: 7396 Westport Place West Palm Beach, FL 33413 License No. CGCO18468 (Where applicable) Agent for service of process: Designated Representative: Name: Seyed M. Moussavi Title: Vice President Address: 7396 Westport Place West Palm Beach, FL 33413 Phone: ([;All 1M.A100 Facsimile: (561) 471-8348 0-`_,rw-,,. (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) SECTION 00550 - Notice to Proceed [Certified Mail -- Return Receipt Requested] TO: ADDRESS: Contract For: (BIDDER) name of Contract as it appears in the Contract Documents) Dated OWNER's Contract No. You are notified that the Contract Times under the above contract will commence to run on . By that date, you are to start performing your obligations under the Contract Documents. The contract has allocated 240 days for the completion of this project. In accordance with Article 4 of the Agreement the date of Substantial Completion is 210 and the date of readiness for final payment is 240. Before you may start any work at the site, paragraph 2.05.0 of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insured) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: (add other requirements, if applicable) INDIAN RIVER COUNTY (OWNER) By: (AUTHORIZED SIGNATURE) (TITLE) END OF SECTION 00550 - Notice to Proceed REV 04-07 00550-1 F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00550 - Notice to Proceed REV 04-07.doc Rev. 05/01 SECTION 00610 - Performance Bond KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we J.W. Cheatham, LLC ►lciT61 ort Place Beach, FL kc;ontractor), (Insert name, principal business address, and telephone number of Principal/Contractor) and ance 5792 Widewaters P DeWitt, NY 13214 as Surety, (Insert name, principal business address, and telephone number of Surety) 9-2842 1958082 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2303 PG:2599 Paget of 15 11 /12/2008 at 11:22 AM, JEFFREY K BARTON, CLERK OF COURT Principal a corporation, are held and firmly bound unto the County of Indian River, Florida, 1801, 27th Street, Vero Beach, Florida 32960 (772-567-8000) in the sum of On—;��andnIO�lU hundred Ninety One Thousan601lars (' 491,080.4Q amounting to 100 t, o the total bird price. For the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performan� of a certain written Contract, dated the f"day of t� c� , 2007, entered into between the Principal and the County of Indian River, for: Bond Number: 6595815 County Project Numbers: 0803, 0837. 0838 Project Address: Project De§cription: Provide Paving and Drainage Improvements to 17'h Lane SW from 2 Avenue to East aoarox. 900', 20 Avenue from 21' Street SW to 17 Lane SW, and17th La s► A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall in all respects comply with the terms and conditions of said Contract and its obligations thereunder, including all of the Contract Documents therein referred to and made a part thereof, and such alterations as may be made in the Contract Drawings and Specifications as therein provided for, and shall indemnify and save harmless the County of Indian River against and from all expenses, damages, injury or conduct, want of care of skill, negligence or default, including patent infringement on the part of the Principal, his agents or employees, in the execution or performance of said Contract, including errors in the Drawings furnished by the 00610 - Performance Bond REV 04-07 00610-1 FAENInewiroCapitel ProjedsWW3171h Lane SW Roadway Improvements from 271h Ave to epprox 900 LF met of 271h Ave10803 Contract Dom men4100810 • Performance Bond REV 04.07.doc Principal, and further, if the Principal shall promptly make payments to all who supply him with labor and/or materials used directly or indirectly by the Principal in the prosecution of the Work provided for in said Contract, then this obligation shall be null and void, otherwise, the Principal and Surety, jointly and severally, agree to pay the County of Indian River any difference between the sum that the County of Indian River may be obliged to pay for the completion of said Work, by contract or otherwise, and any damages, whether direct, indirect, or consequential, including reasonableattorney's fees (including appellate proceedings), which the County of Indian River may incur as a result of the failure of the Principal to properly execute all of the provisions of the Contract. AND, the said Principal and Surety hereby further bind themselves, their successors, executors, administrators and assigns, jointly and severally, that they will amply and fully protect the County of Indian River against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same, or his agents or his servants, or the infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise. AND, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications or Drawings accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications or Drawings. AND, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Completion as established on the Certificate of Completion as issued by the County of Indian River. IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, this 28th day of October , 20 08, 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. [The remainder of this page was left blank intentionally] 00610 - Performance Bond REV 04-07 00610-2 FAErglneering Cepllal PMects4M 171h Lane SW Roadway Vprovemants Uom 271h Ave to approx, OW 1F seal of 271h Ave%0909 Contract D=AnentsX00610 . Parw"nce Bond REV 04-07.doc z, iA. Z4'a /lir Li -(00 ie of Corporation J.W. Chea BY: lj • h • µ t -`— (Affix It. �,, .. & I MM e Woo �7 Printed Name 5 ¢ p<► �T F 00 Y 41. Official Title v � nndonoATc noltantnwt � •* . uss;•ie,. On LL t► I 5 ��bet( $Yo w , certify that I am the Secretary of the corperation named as Principal in the within bond; that Se c d r-► • be w s sAw � %., who signp ti-e-saidbond on behalf of the Principal was then Joiov t c P s to i w, wf of said corporation: that ,)AnW his signature, and his signature thereto is genuine; and that said Bond was duly signp waled.,, -_ and attested for and on behal id corpoMfion by authority of Its governing body, - ti,� ,t fg� iAL0 .: a Attest: witness TO BE EXECUTED BY CORPORATE SURETY: r. r f •• t: Corporate Surety SAFECO Insurance Company, q.-V"A ne>Kca Business Addre 792 W e ters Parkway, x DeWit 1 BY: (Affix Oorporate SEAL) Y4" - J •u . i Francis A. Lowther` r: Attorney -In -Fact s �' =Y , Name of Local Agency James P. Reagan Agency, Inc. 8 East Main Street Marcellus, NY 13108 Business Address [The remainder of this page was left blank intentionally] 00610 • Performance Bond REV 04-07 00610 - 3 F:1EnginaeringXCapitat PrgectsvwS 171h Lane SW Roadv"a7 Improvements from 27th Ave to approc 900 LF east of 27th Ave10603 Contract Downwnta100610 • Perfomnnce SON REV 04.07.doc STATE OF FLORIDA COUNTY OF INDIAN RIVER SEE ATTACHED Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the attorney-in4act for the and that he has been authorized by to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this day of 9 20 My Commission Expires: Notary Public, State of Florida * * END OF SECTION * * 00610 - Performance Bond REV 04-07 00610 - 4 F.Vx4neermgr.a0tai PrgpdsW803 171h Lana SW Roadway tmprova rents from 27th Ave to apprmc. 900 LF ON or 27th Ave%0803 Contract DoamenUM810 - Perfornmee Bond REV 04*07.doc ACKNOWLEDGMENT OF PRINCIPAL, IF A LIMITED LIABILITY COMPANY State of Florida County of p . Q , On this Ll M day of Ny v 2008, before me personally came and appeared S clrr�1 P'' • f"t o , to me known, who being by me duly sworn, did depose and say that he resides in the City of _ Q . ,9 . co ; that he is the _ t� i c P 3 ; 1..,f of J.W. Cheatham, LLC, the limited liability company described in and which executed the foregoing instrument; that he knows the seal of said limited liability company; that one of the seals affixed to said instrument is such seal; that it was so affixed by order of the managing members of said limited liability company, and that he signed his name thereto by like order. �� Ail, i, 0 • n • SURETY ACKNOWLEDGMENT State of New York County of Onondaga On this 28th day of October, 2008, before me personally appeared Francis A. Lowther to me known, who being by me duly sworn, did depose and say: that he resides in the City of Syracuse, NY; that he is the Attorney -In -Fact of the above signed surety, the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he signed his name thereto by like order. �,. C. vet._ u Notary Public JEAN C. MCCARTHY Notary Public, State of New York No. 01 MC6071225 Qualified in Onondaga County My Cory lmi:ftsi ,r x?in9S PilGrch 11, 2010 POWER OF ATTORNEY Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 KNOW ALL BY THESE PRESENTS: No. 13043 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint "**"*"""**RICHARD W. HEINMILLER; FRANCIS A. LOWTHER; BARBARA O'CONNOR; ROBERT B. PARRISH; J. MICHAEL REAGAN; Marcellus, New York ** its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 18th day of August 2008 STEPHANIE DALEY-WATSON,SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 28th day of October 1 2008 S-0974/DS 4/05 DALEY-WATSON, SECRETARY logo are registered trademarks of Safeco Corporatlon. Fnsurarcp SAFECO INSURANCE COWANY OFAUERsCA FINANCIAL STATBAMNr — DB CEAMER 311, 2007 Aatets Llstbliities Cash and Bank ./yDeposits �»�N...»NY.........«_.»..N»».. S 53oWA26 LhteatnedyPtgtmums..x»».»..»..»..N..yy»�3 7�2f8,53AQ02 *Bonds w -I Government... NN»..N..xMx.MMM..tlN...»» 16,728�D67 a for o clulm and Qao=�Spenfe.»»wow s. N..N». 1,560913,M *Other Sonds.....N........x._..x......N.»........x.xNN..xN 2r178,711,02007 *Stocks ....Nx..Nx_N.N...._«...x..xNxx «..499,235,954 �•' vu« YNMNYN 499,235,954Red e..u. n..Nm Y«Y«Y.«w«www «u «wM Nn w..w N. Ad It 0. Agents' Balances or Uncolleeted Premum L,.,,«NN ..« 625 :553p621 Acemedht lest and Rentsx.._N.._««.N..»Y........ 339364490 Other Admitted Assets.x....'Woo x.YN...wool ...«..xN...... ]39.599 '72 PnndsHeld Un RainsurmeIkesdisx»_._..N.. 430" Reserve for Dividends �to Polioyholdess...»»..«....._..x.. 2A21$611 Addittoml Reserve for Comsmissiau, Tmces and Ot#rerLl"ties tlw».......»._......»N.Y_Y.....N.... 9=6z81 Tata1.............................N........«..... $3=84SAIM Special Stapiw Fmdr.w.»..4, $ 2263334 tapihl Stoelc..«»_..».xN_NN.....N. 5;000,pp0 Paid in UmmignedStr$ms«NNw..._N_N __=81.487 Swphw toPdk kidders..«.................,. 838b1Ob94 Total Ltabltbllas aad Stapias «.«.«................ $l11�7.1�'d8.11Z 1 • 'C :151' :J• r.: i., _.�.: _ n �..:. . .. - .. :.. .0 �. 191!: u. S4261a yob GA nyaarM! V*danwk of SAF E00 CoMition SECTION 00612 "Payment Bond KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we J.W. Cheatham, LLC (Contractor), (Insert name, principal business address, and telephone number of Principal/Contractor) and SAFECO Insurance Company of America 5792 Widewaters Parkway DeWitt, NY 13214 315-449-2842 , a corporation, as Surety, (Insert name, principal business address, and telephone number of Surety) are held and firmly bound unto the County of Indian River, Florida, 1801, 27th Street, Vero Beach, Florida 29677 567- 000) in the sum ofghy an�n0 Q�� Hundred Ninety One Thousan6bllars ($1, 491, 080 .4 0 amounting to 100% of the total bid price. For the payment of said sum we bind ourselves, our heirs, executors, administrators and assi ns, jointly and severally, for the faithful performance of a certain written Contract, dated the day of entered into between the Principal and the County of Indian River, for: Bond Number: Project Name: County Project Numbers. Project Address: Project Description: 6595815 Street SW to 17' Lane Trace Project Entrance to 0803, 0837, 0838 Avenue. Avenue from 210' Street SW to 17"' Lane SW and 17th Lane from Falcon Trace Project Entrance to 20 Avenue, A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly make payments to all claimants, as herein below defined, then this 00612 - Payment Bond REV 04-07 00612 - 1 F.*np1naerinq%CepNa1 Proleft%080317th Lane SW Roadway Vwovements hom 27th Ave to approx. 900 LF ael of 271h AveW803 ConUaot 0ocumontaWW12 'Payment Bond REV 04-07.doe Rev. 05101 obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions: 1. A claimant, as defined in Florida Statutes Section 255.05(1), supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the Work provided for in the Contract. 2. Florida Statutes Section 255.05 (2002), as amended from time to time, together with all notice and time provisions contained therein, is incorporated herein in its entirety by this reference. The Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or to the Specifications applicable thereto, shall in any way affect its obligations on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to the work or to the Specifications. The Surety represents and warrants to the County of Indian River that it has a Best's Key Rating Guide, General Policyholder's rating of "A" and Financial Size Category of Class "X". The Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Final Completion as established on the Certificate of Final Completion as issued by the County of Indian River. The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that the County of Indian River sustains because of a default by the Principal under the Contract. [The remainder of this page was left blank intentionally) 00612 - Payment Bond REV 04-07 00612 - 2 F.*A91nOWWq CWLa1 ProjecWWM 17th Lens SW Road "y krprovenwls from 27th Ave b opprox. 900 LF 0531 of 271h AveMMM Contract Doowrants100612 . Payment Bond REV 04-07.doc Rev. 05101 IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, this 28th day of October , 20_QL, 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 A Li.L� Name of Cooperation J.We Cheatham, LLC BY: 5 0 h• pt 00 '� r (Affix Printed Name S e, Ya I Official Title v - P CERTIFICATE AS TO CORPORATE PRINCIPAL 5�► (3� e w h . , certify that I am th6Tecretary of the corporation named as Principal in the within bond; that 5e Yc J t& a M e L+s! Ar � 1 , who signed h%s`aid bond on behalf of the Principal was then vfc.. p—c,;1vw. * of said coc ration: that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed and at sted for and on behalf of Said cowration by authority of Its gov rrtjP body. f6 yI (SEAL) [The remainder of this page was left blank intentionally] 3jr9):131�.'aii1:1lS',: t it 00612 - Payment Bond REV 04-07 00612 - 3 F*npineMngNCCap11a1 ProjadsWM 17th Lana SW Roadway Improvements kom 27th Aw to approx. 800 LF SW of 2711 AvaW803 ConVad Documen1s100812 . Payment Bond REV 04-07.doc Rev. 05101 TO BE EXECUTED BY CORPORATE SURETY: STATE OF FLORIDA COUNTY OF INDIAN RIVER Corporate Surety SAFECO Insurance Company of America Business Address 792 Widew ters Parkw�" eWit 13 BY: ,Al , (Affix Corp or fe $11 Francis A. Lowther r Attorney -In -Fact =;* Name of Local Agency James P. Reagank; 8 East Main Stree Marcellus,,, k13 ..... „) Business Address SEE ATTACHED Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the attorney-in-fact for the and that he has been authorized by to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this day of , 20 My Commission Expires: Notary Public, State of Florida * * END OF SECTION * * 00612 - Payment Bond REV 04.07 00612 - 4 F:1£rtpineerinaTepitel "ed$V80317th lane Sw y ImprovemanU from 27th Ave to appm. 900 LF out of 27th Ave10803 C0n1rad D0CL man1s100012 - Payment WN REV 04-07.doe Rev. 05J01 ACKNOWLEDGMENT OF PRINCIPAL, IF A LIMITED LIABILITY COMPANY State of Florida County of p • 13 On this k4' day of /�/a w 2008, before me personally came and appeared 5e fe L h • I*%*v S1 tome known, who being by me duly sworn, did depose and say that he resides in the City of p • (3 • G. ; that he is the V C C & ?mac, 4) A I •-�f" of J.W. Cheatham, LLC, the limited liability company described in and which executed the foregoing instrument; that he knows the seal of said limited liability company; that one of the seals affixed to said instrument is such seal; that it was so affixed by order of the managing members of said limited liability company, and that he signed his name thereto by like order. *e Notary Public S66- t Public Roseann M Tract My Commission DD515723 a Expires 0511012010 SURETY ACKNOWLEDGMENT State of New York County of Onondaga On this 28th day of October, 2008, before me personally appeared Francis A. Lowther to me known, who being by me duly sworn, did depose and say: that he resides in the City of Syracuse, NY, that he is the Attorney -In -Fact of the above signed surety, the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he signed his name thereto by like order. C. V1, Notary Public JEAN C. MCCARTHY Notary Public, State of New York No. 01 MC6071225 Qualified in Onondaga County Zu t v My Commission Expires March 11 Safeco Insurance Company of Ameri aafcoPOWER General Insurance Company of AmerSafeloo PlazaOF ATTORNEY Seal WA 98185 No. 13043 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ****""***RICHARD W. HEINMILLER; FRANCIS A. LOWTHER; BARBARA O'CONNOR; ROBERT B. PARRISH; J. MICHAEL REAGAN; Marcellus, New York its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 18th day of August 2008 wlllllllF1 IAA ZIP Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, G) The provisions of Article V, Section 13 of the By -Laws, and A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said Corporation this 28th day of October 2008 S-0974MS 4/05 y�yy I�"�, 41• s,�:+;�` q' ��'r' STEPHANIE DALEY-WATSON, SECRETARY Al .i . .�'96 A., I 1 '3_ ii7° sand tnaTM5re registered trademarks of Safeco Corporation. F Ll a+Yv ar .-. 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I l : �. o• il. , Sol 26h 310e OA MOOret1 f'sosmrk Of SAFBCO 00"don Certificate (Limited Liability Company) The undersigned hereby certifies that the following are true and correct statements: 1. That he/she is the assistant Secretary of J.W. Cheatham, LLC, a Limited Liability Company organized and existing in good standing under the laws of the State of Florida hereinafter referred to as the "LLC" and that the following Resolutions are true and correct copies of certain Resolutions adopted by the Board of Directors of the LLC as the 2!.day of November, 2008, in accordance with the laws of the State of the state of incorporation of the LLC, the Articles of Incorporation and the By-laws of the LLC. RESOLVED, that the LLC shall enter into that certain Agreement between Indian River Co un a political subdivision of the State of Florida and the LLC, a copy of which is attached hereto, and be it. FURTHER RESOLVED, that Seyed M. Moussavi, the Vice President of the LLC, is hereby authorized and instructed to execute such Agreement and such other instruments as may be necessary and appropriate for the LLC to fulfill its obligations under the Agreement. 2. That the foregoing resolutions have not been modified, amended, rescinded, revoked or otherwise changed and remain in full force and effect as of the date hereof. 3. That the LLC is in good standing under the laws of the State of Florida or its state of Incorporation and has qualified, if legally required, to do business in the State of Florida and has the full power and authority to enter into such Agreement. IN WITNESS WHEREOF, the undersigned has set his hand and affixed the Corporate S Wq f ,be LLC the P day of November, 2A6�1 r. ',a t` jal a WY > ,��,lip, i Am.y NN (Print Signatory's name & title) SWORN TO AND SUBSCRIBED before me this 3� day of �> , _, 2008, by the assistant Secretary of the aforesaid LLC, who is personally known to me OR who produced as identification and who did take an oath. -� y1: MIName OTARY PUBLIC State of Florida at Large My commission Expires: ACORDm CERTIFICATE OF LIABILITY INSURANCE 10/28/2 8 PRODUCER (561) 746-4546 FAX: (561) 746-9599 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Tequesta Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 218 S. US Highway One ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Suite 300 Teguesta FL 33469 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA:National Fire Insurance 20893C J.W. Cheatham, LLC INSURERB:National Fire Insurance 20893C 7396 Westport Place INSURERaValley Fore Insurance 20508C INSURER D: Trans ortation Ins, Co. 20894C West Palm Beach FL 33413 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANIY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGI MM kTE LIMITS SHOWN MAY HAVE N REDUCED BY PAID CLAIMS- NS& Ijai& ADD'L um TYPE OF INSURANCE POLICY NUMBER POLICY DATE (MWDDTIVE POLICY MWDD YYI TION LIMITS A X GENERAL LIABILITY NCOM MERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR 02083039906 3/1/2008 3/1/2009 EACH OCCURRENCE $ 1 r 000 r 000 DAMAGE TO RENTED PREMISES Ea occurrence 50 000 $ r MED EXP An one person)$ 5,000 PERSONAL & ADV INJURY $ 1 r 000 r 000 GENERAL AGGREGATE $ 2 r 000 r OOO GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JECTT LOC PRODUCTS - MP/OP AGG $ 2 r OOO , OOO B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 02055533016 3/1/2008 3/1/2009 COMBINED SINGLE LIMIT (Ea accident) $ 1 , OOO , OOO X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EAAC AUTO ONLY: AGG $ $ D EXCESS/UMBRELLA LIABILITY X1 OCCUR 7 CLAIMS MADE DEDUCTIBLE hX RETENTION $10,000 02067525954 3/1/2008 3/1/2009 EACH OCCURRENCE $ 10 r 000 r 000 AGGREGATE $ 10 , OOO , OOO S $ C WORKERS COMPENSATION ANDX EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC2055533047 3/1/2008 3/1/2009 WTO Y LATU- OTH- ER E.L. EACH ACCIDENT $ 500 r 000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE --POLICY LIMIT $ 500 r 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The Certificate Holder is an additional insured per form G140331A atttached to the General Liability Policy. Form G140331A is attached for reference. Job Desc: 17th Lane SW from 27th Ave.to East Approx. 900' 20th Ave. from 21st S SW to 17th Lane SW 17th Lane SW from Falcon Trace project entrance to 20th Ave. Project No.'s 0803, 0837 6 0838 *Except 10 Days cancellation notice for nonpayment of premium. CERTIFICATE INDIAN RIVER COUNTY 1801 27TH STREET VERO BEACH, FL 32960-3388 ACORD 25 (2001/08) rucn9S,n,na, no. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL XXXXW" MNL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORIZED REPRESENTATIVE dark Kasten/DEBBIE ® ACORD CORPORATION 1988 Dene 1 n! 7 G -140331-A (Ed. 01/01) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.I. OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Designated Project: See Certificate of Insurance (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section II) is amended to 3. The coverage provided to the additional insured include as an insured any person or organization, by this endorsement and paragraph f. of the including any person or organization shown in the definition of "insured contract" under schedule above, (called additional insured) whom DEFINITIONS (Section V) do not apply to you are required to add as an additional insured on "bodily injury" or "property damage" arising out this policy under a written contract or written of the "products -completed operations hazard" agreement; but the written contract or written unless required by the written contract or written agreement must be: agreement. 1. Currently in effect or becoming effective during 4. The insurance provided to the additional insured the term of this policy; and does not apply to "bodily injury," "property 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury" damage," or "personal and advertising injury'. arising out of an architect's, engineer's, or surveyors rendering of or failure to render any B. The insurance provided to the additional insured is professional services including: limited as follows: a. The preparing, approving, or failing to 1. That person or organization is an additional prepare or approve maps, shop drawings, insured solely for liability due to your negligence opinions, reports, surveys, field orders, specifically resulting from "your work" for the change orders or drawings and additional insured which is the subject of the specifications; and written contract or written agreement. No b. Supervisory, or inspection activities coverage applies to liability resulting from the sole negligence of the additional insured. performed as part of any related architectural or engineering activities. 2. The Limits of Insurance applicable to the C. As respects the coverage provided under this additional insured are those specified in the endorsement, SECTION IV — COMMERCIAL written contract or written agreement or in the GENERAL LIABILITY CONDITIONS are amended Declarations of this policy, whichever is less. as follows: These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. G -140331-A Page 1 of 2 (Ed. 01/01) PDF created with FinePrint pdfFactory trial version httg://www.pdffactory,com 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: e. An additional insured under this endorsement will as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; (2) Tender the defense and indemnity of any claim or "suit" to any 'other insurer which also has insurance for a loss we cover under this Coverage Part; and (3) Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. G -140331-A (Ed. 01/01) f. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. 2. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. G -140331-A Page 2 of 2 (Ed. 01/01) PDF created with FinePrint pdfFactory trial version http://www.pdffactory.com fA N O N U N 0 U Q Z 0 U 0 I 0 w C: Q) E f0 a L o c O m U .Q CLQ V1 i O u U L C O U N N O O W I. 75 � U E.: a) OL O O O E-U.0a 0 I 0 w C: Q) E f0 a L o c O m U .Q CLQ V1 i O u U L C O U N N O O W 01 r O Qc. 'a y C L 00 U N r -p cO C Q 'C m � L O r C G CO d G V O L C dO aV r C O Q w d C Q. (+J O V � � r O C O no. R O i> E y0Q � r E R : *,a = N CY ww , W �L CL r a E 61 00 0 0 r- N m dz T� 1 0 I 0 w C: Q) E f0 a L o c O m U .Q CLQ V1 i O u U L C O U N N O O W SECTION 00630 - Certificate of Substantial Completion A Date of Issuance: , 200 OWNER: Indian River County CONTRACTOR- rroiect Cntranc6 W zu nvin iuv. OWNER's Contract No. ENGINEER's Project No's, 0803, 0837, 0838 CONTACT FOR: (Insert Name of Contract as it appears in the Bid Documents) This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: T And T OWNER CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within 30 days of the above date of Substantial Completion. 00630 - Certificate of Substantial Completion REV 04-07 00630-1 FAEngineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00630 -Certificate of Substantial Completion REV 04-07.doc The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents. Executed by ENGINEER on: ENGINEER: By: (Authorized Signature) (Date). CONTRACTOR accepts this Certificate of Substantial Completion on CONTRACTOR: By: (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on OWNER: INDIAN RIVER COUNTY By: (Authorized Signature) * * END OF SECTION * * (date). (date). 00630 - Certificate of Substantial Completion REV 04-07 00630-2 F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00630 - Certificate of Substantial Completion REV 04-07.doc SECTION 00632 - CONTRACTOR'S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) STATE OF _ COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths, comes , who on oath says: That he is the CONTRACTOR with whom Indian River County, Florida, a political subdivision of said state, did on the day of ,20 , enter into a contract for the performance of certain work, more particularly described as follows: UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth. Affiant further says that: 1. CONTRACTOR has reviewed the Contract Documents. 2. CONTRACTOR has reviewed the Work for compliance with the Contract Documents. 3. CONTRACTOR has completed the Work in accordance with the Contract Documents. 4. All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. 5. The Work is complete and ready for final acceptance by the OWNER. 6. CONTRACTOR hereby certifies that it has no claims against the OWNER. 00632-1 F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00632 - Contractor's Final Certification REV 04-07.doc (Corporate Seal) (Contractor) By: Subscribed and sworn to before me this _ day of , 20 Notary Public State of Florida at Large My Commission expires: + + END OF SECTION + + 00632-2 F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00632 - Contractor's Final Certification REV 04-07.doc STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute Copyright 01996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017