HomeMy WebLinkAbout2013 Hi-Lite Markings, Inc3 CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT made this _�th day of November , 2012, by and
between the CITY OF SEBASTIAN, a municipal corparation of the State of Flozida, 1225 Main
Street, Sebastian, Florida, 32958, ("C;ity") and xi-Lite Markings, znc.
("Co21tt'aCtOr"), a New York Corporation
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as authorized to do business in the State of Flarida. This dacument contains 38 pages.
«'HEREAS, the City desires to engage a Florida licensed contractor who has special a�zd
unique competence and experience in providing construction services necessary to complete the
Project hereunder; and,
WIiEREAS, the Contractor represents that it has such competence and experi�nce in
providing these services; and,
WHEREAS, the City in reliance on such representation has selected the Contracior in
accordanee with its procedure for selection of Contractor; and,
WHEREAS, the City and the Contractor desire to reduce to writitig their understandiug
and agreements on such professional services.
IT IS, THEREFORE, AGRE�D as follo�vs:
ARTICLE I- The Contractual Relationship
1.0 EMPLOYMENT OF CONTRACTOR
The City hereby agrees that it may engage the Contractor and the Contractor hereby agre�s to
perform professional services for the City in accordance with this Agreement. Contractor, as an.
independent contracior, and not as an employee shatl furnish and complete a11 of the necessary
labor, material, and equipment to perform the work as specified ar indicated in the agreement
documents. The work is �eneraliv described in the Bid Documents Pro�ect Manual with
Addenda if any, for the 2012 Runway Markin� at the Sebastian Ntunici a��l Airport �re a� red bv
Michael Baker Jr., Inc. in Jul 2y Ol 2.
This Agreement is not an exclusive agreement and tl�e Ciry may employ other contractors,
professional or tedmical personnel to furnish ser�°ices for the City as the City in its sole
discretion finds is in the pubiic interest.
The Agreement shall not be construed to create a contractual relationship of any kind between
the City and the Subcontractor(s), or, between any person ar iirm other than the City 1nd
Contractor.
The Contractor shalt not sell, transfer, assigu or otherwise dispose of the Contract or any portian
thereof, or of his right, title of interest therein or l�is obligations thereundcr, or moneys due or to
became due under this Contract,
2.Q AGRE�MENT DOCtiMENTS
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The Agreement Docuxnents {also called CONTRACT DOCUMENTS) cansist of this
A re� ement Sunnlemental A�reement s1 Notice of Invitation ta Bid Instructions fQr Bidders
Bid Proposal, Bond Forms S�ecifications and Scope of Work, Work Orders. Chan�e Orders,
Addenda if any, anv other documents listed in the Agreement Documents, and wxitten
modifications issued after execution of this A�reement if an�
2. � INTENT
The Specificaiions are an integrated part of the Contract Documents and as such will not stand
alone if used independently. The Specifications establish minimum standards af quality far this
Project. They da not purpart to cover all details entering into the design and construction of
materials or equipment. The intent of the Agreement Documents is to set forth requirements of
performance, type of equipment and structures, and standards af materials and construction. It is
alsa intended tU include all labor and materials, equipment, and transpoi�tation necessary for the
proper execution of the Work, to require new material and equipinent unless otherwise indicated,
and to require complete performance of the Work in spite of omission of specific reference to any
minor component part and to include all items necessary for the proper execution and completion
of the Work by the Contraciar. Performance by the Contractor shall be required anly to the extent
consistent with the Agreement Documents and reasonably inferable fron� thenn as being
necessary to produce the intended results.
2.2 ENTIRE AND SOLE AGREEMENT
Except as specifically stated hereui, the Agreement Documents constitute the entire agreement
between the parties and supersede all other agreements, representations, warranties, siatements,
promises, and understandings not specifically set foz�th in the Agreement Documents. Neither
party has in any way relied, nor shall in any way rely, upon any oxal or written agreements,
representations, warranties, statements, promises or understandings not specifically set forth in
the Agreement Docurrzents.
2.3 AMENDMENTS
The parties may modify this Agreement at any fiine by vs�ritten agreement. Neither the Agreement
Documents nor any term thereof may be changed, waived, discharged or ternninated orally,
except by an instrument in writing signed by the party against which enforcement of the change,
waiver, discharge or termination is sought.
2.4 CONSTRUING I'ERMS
This Agreement shall not be construed aga.inst the party who drafted the same, as bath parties
have obtained experts af their choosing to review the legal and business adequaey of the same.
2.5 GOVERNING LAW AND WAIVER OP TRIAL BY JURY
This Agreement shall be governed by the Iaws of the State of Florida, and any venue for any
action pursuant to the Agreement llocuments shall be in Indian River County, Florida. The
parties hereto expressly waive trial by juiy in any action to- enforce -or otherwise =resolve
any dispute arising hereunder.
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2.6 CONTRACT TIME:
(1) The CONTRACTOR sha11 be substantially completed with the following tiinefiame
(a) Within 30 calendar days from affective date of Notice to Proceed, Contractor shall
complete the following tasks:
1. �btain a11 necessary permits.
2. Receive approved shop drawings for alI materials and equipment to be
utilized in the job.
3. Perfarm all photographic recarding and documentation of conditions prior
to construciion.
4. Locate all existing utilities in the area of work.
5. Submit and secure approval of shop dxawings.
6. Mobilize all labor, equipment, and materials.
7. Deliver and stare a11 equipment and materials to the job site.
8. Notify aIl utilities and other affected parties prior to initiating construction.
(b) From 31 calendar days to �0 calendar days from the ef.fective date of Notice to
Proceed, the CONTRACTOR shall complete the following tasks:
1. Rem�ve existing pavement mark�ings. App1y Runway markings.
2. Col7ect all deficiencies noted by Engineex.
Completion of all tasks outlined above {i.e., Subparagraphs a, b, and c) constitute Final
Completion.
(d) From 41 calendar days to 70 calendar days from the effective date of Notice to
Praceed, the CONTRACTOR shall complete the follawing tasks:
1. Clean up project area.
Z. Remove alt equipment and material tiom praject sife.
3. Perform contract closeout procedures.
Completion of a1I tasks outlined abave (i.e., Subparagraphs a, b, and c) constitute Final
Compleiion.
(2) Liquidated Damages. OWNER and CONTKACTOR recognize that time is of the essence
of this Agreement and that OWNFR wilt suffer financial loss if the work is not completed
within the times specified in Paragraph (1) above, pius any eatensions thereaf Approved by
the engineer and city in accordance with paragraphs 7.9 and 7.10 of this agreement. They
also recognize the delays, expense and difficulties involved in pxoving in a iegal proceeding
the actual loss suffered by OWNER if the wark is nat comp2eted on time. Accordingly,
instead of requiring any such praof, OWNER and CONTRACTOR a�ree that as liquidated
damages for delay (but not as a penalty) CONTRACTOR shall pay QWNER two-hundred
dollars ($200.00) for each day that expires after the time specified in Paragraph 2.6 far Fina1
Completiaii. If CONTRACTOR shall neglect, refi.ise or fail ta complete the rernaining work
within the Contract Time or any proper extension #hereof granted by OWNER,
CONTRACTOR shall pay OVr'NER two-hundred dollars ($20Q.00) for each day that
expires after the time specified in Paragraph 2.fi for Final Completion and readiness for
final paymeni.
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2.7 CONTRACT PRICE
OWNER shall pay CONTRACTOR for campletion of th wark in accordance with ihe
Cantract Documents in current funds in the amount of $� C��S'�� �— , based on
the Unit Price Work bid an the �3id Form. This amount include Additives if any.
2.8 LTIVIT PRICE WORK
(A) Where the Contract Documents provide that all or part of the Work is to be Unit
Price Work, initially the Contract Price will be deemed.to include for atl Unit Price
Work an arnount equal to the sum of ihe unit price for eacla separately identified
item of Unit Price Work times the estimated quantity af eacla item as indicated in
the Agreement.
(B} The estimated quantities of items ot Unit Price Work are not guaranteed and are
solely for the purpase of comparison of Bids and determining an initial Contxact
Price. Determinations of the actual quantities and classifications of Unit Price Work
performed by Can#ractar will be made by Engineer. Subject to the foilowing
provisions:
Engineer will determine the actual quantities and classi�cations af Unit
Price Wark performed by Contractor. Engineer will review with Cantractor
the Engineer's preliminary determinations on such matters before rendering
a written decision therean (by recommendation of an Application for
Payment or atherwise). Engineer's written decision thereon will be final and
binding (except as madified by Engineer to reflect changed factual
canditions or more accurate data) upon Owner and Confractor
(C) Each unit price will be deemed to include an a�nount considered by Contractor to be
adequate to cover Contractar's overhead and profit far each separately identified
item.
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3.0 DEFINI'I'ION OF TERMS
3.I GENERAL
Whenever the following ferms appear in these Agreement Documents, their intent and meaning
shall, unless specifically stated othexwise, be interpreted as shown.
3.2 �CT OF GOD
The words "Act af God" mean an earthquake, flood, hurricane (or otlier named trapicai event),
tomado or other cataclysmic phenamenon of nature. Rain, Wind or other natural phenomenon
(including tropical waves and depressions) of norrnal intensity for the locality shalI not be
construed as an Act of God .
3,3 ADDENDUM (re: bid doctunenis)
A modification of the plans or otlier contract docunients issued by the Qwner and distributed to
prospective bidders prior to the opening of bids. All Addenda shail be considered as part of the
Contract Documents.
3.4 AGF.EEMENT
A written agreement between the Contractor and Owner de�ning in detail the work to be
perfortned. The words Agreement and Contract, are one and the same.
3.S A.S.T.M. DESIGNATION
Wherever the letters "A.S.T.M." are used in the Speciiications, it shall be understood as referring
io the American Society for Testing IVlaterials. When reference is made to a certain Designated
Number of a specification or test as set out or given by the American Society for Testing
Materials, it shall be understaod to mean the current, up-to-date standard specifcatian ar
tentative specification for that particular process, material or test as currently published by that
group.
3.6 BID
The bid or praposal is the written offer of a Bidder to pexfom► work described by the contract
documents when made out and submitted oi� the pxescribed proposal form properly sealed and
guaranteed. The bid or proposal shall be considered as part of the Contract Documents.
3.7 BID BOND or PRCJPOSAL GUE1R11NTEE:
Bidder shall submit a Bid Band or Proposal Guarantee in the amount of 5% of the total amount
of the Bid, in the form of a Cashier's Check, Unconditional Irrevocable Letter of Credit drawn in
favor of the City of Sebastian on a National Bank, or a hand from a surety company duly licensed
iti the State of Florida.
3.8 SIDDER
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An individual, partnership, or corporation submitting a proposal for the work contempIated;
acting directly or through a duly authorized representative.
3.9 CHANGE ORDER
A written order issued to the Contractor by the City and covering changes in the plans,
specifications, or scope of work when the amount of work changed is not deemed sufficient to
require a supplemental agreement, or adji�stments in the Contract Price or Contract Time.
3.10 CONTRf1CT �DDENDUM
A speeial written provision modifying or clarifyin� the texnis and condiiions of the Contract. The
Contract Addendum shall be considered as part af the contract documents.
3.11 CONTRACTOR
The word °Contxactor" shall rnean an ir�dividual, partnership, or corporation, and his, their ar its
heirs, executors, administrators, successors and assigns, or the Iawful agent of any such
individuai, firm, partnership, covenant ar corporation, or his, their or its sureiy under any
eontraet bond, eonstituting one of the prineipals to the Contract and undertaking to perform the
work herein.
3.12 DIRECTED, ORDERED, APPROVED & ETC.
Wherever in the Agreement Document the words "directed", °ordered", "approved", "pe��rnitted",
"acceptable", or words of similar import are used, it shall be understoad that the direction, order,
approval or acceptance of the Owner is intended unless otherwise stated.
3.13 ENGINEER
A Professional Engineer duly licensed and registered in the State of Florida and designated by the
City as Engineer. The City may designate a staff inember as Engineer who is not licensed.
3.14 GENERAL GONDITIONS
The directions, provisions and requirements contained within the Agreement Dacuments, all
describing fihe general manner of performing the Work including detailed technical requirements
relative to iabor, material equipment, and methods by which the Work is to be performed and
prescri6ing the relationship between the City and the Contractor.
3.15 INSPECTOR
A duly authorized representative of the City assigned to matce ofFicial inspections af the materials
furnished and of the work performed by the Contxactor. The Engine�r and its designated
employee(s) shall serve in the capacity as the inspector.
3.26 LABORATORY _
Any 1'zcensed and qualified laboratory designated by or acceptable to the Owner ta perfarm
necessary testing of materials. -
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3,17 OWNER
City of Sebastian
3.18 PERFORMANCE AND PAYMENT BONDS
Contxactor shall submit bonds in the form prescribed by State Law, and generally as shown on
sample forms herein, for Performance and Payment, each in the amount of 100% of the Contract
Amount.
3.19 PLANS
The official, approved plans, includin�; reproduction thereof, showing ihe location, character,
dimensions and details of the work to be done. Ali shop drawings stibmitted by the Contractor
shall be considered as part of the contract documents.
3.20 PROPOSAL
The proposal or bid is the written offer of a Bidder to perform the work described by the Contract
Documents when made out and submitted on the �rescribed propasal form (the `Bid proposal
fozrn"), properly signed and guaranteed. The propasat or bid shalI be considered as part oi the
contract documents.
3.21 SPECIAL CONDITIONS
Special clauses or provisions, supplemental to the Plans, Siandard Specifcations �nd other
contract documents, setting forth conditions varying fi•om or additional to the Standard
Specifications for a speei�c projeci,
3.22 SPECIPICATIONS
The directions, pravisions, and requirements together with all written agreements made or ta be
made, setting forth or relating to the method and manner of performing the Work, or to the
quantities and qualities of materials, Iabor and equipment to be furnished tmder the Agreement.
3.23 SUBCONTRAC`TOR
An individual, partnership or corporation supplying labor, equipment or materials under a direct
contract wifh the contractor for work on the project site. Included 'zs the one who supplies
nlaterials fabricated or formulated to a special design according to the plans and specifications
for the particular project.
. 3.24 SUPPLEMENTAL AGREEMENT
A written understanding, ar proposal and accepiance, executed between the City a�id fihe
Contractor subsequent to execution of the Agreement herein with the v�nitten consent of the
Contractor's Surety, relating to the work covered by the Agreement and elarifying or fiirthering
the tertns thereof, A modification to the �greement shall be rnade by Contract Addendum.
3.25 SURETY
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Surety is a corporation qualified to act as surety under the laws of Flarida, who executes the
Contractor's Perfarmance and Payment Bonds and is t�oun.d with fihe Contractor for the
acceptable performance of the contracted work and for the payment of atl debts pertaining
thereto.
3.26 WORK, (The) or PR03ECT, (The)
The public improvement contemplated in the Plans and Specifications, and a11 actions necessary
to construct the same.
3.27 WORK ORDER
Work orders are rvork instructions including specification and plans that show the Iocation,
character, dimensions and details to the work to be done. Work orders are specific instructians,
of limited scope, that will be a part of ihis contract. Work orders shatl be considered as part of
the contract documents.
.ARTICLE II - Performance
4.0 PLANS, SP�CIFICATI()NS AND ItELATED DATA
4.1 INTENT OF PLANS AND SPECIFICATIONS
The intent af the Plans, Specifzcatians, Work Orders and other Cantraci Documents is that the
Contractar furnishes a111abor and materials, equipment, supervision and transportation necessary
for the proper executian of the Wark ttnless specifically noted otherwise. The Contractor shall do
all the work shown on the Plans and described in the Specifications and other Contract
Documents and all incidental work considered necessary tp substantially complete the Work
ready for use, occupancy, or operation in a manner acceptable to the City.
4.2 CONFLICT
In the event af any inconsistency, discrepancy or conflict between the Agreement, the PZans,
Specifications, and other Cantract Documents, the Agreement shall prevail and govern over all
except a subsequently executed Cantract Addendum, in the event of an inconsistency,
discrepancy or conflict between the Plans and Specifications, the Specifications shall prevail and
govern.
4.3 DISCREPANCIES IN PLANS
Any discrepancies found between the Plans and Specifications and site conditions, or any errors
or omissions in the Plans or Speci%cations, shail be immediately reported to the Engineer and
City. The Engineer shall promptly determine the valid'zty and seriousness of the claimed
condition and correct any such error or amission in writing, or atherwise direct Contractor, Any
work done by the Contractar after his discovery of such discrepancies, errors or omissions shali
be done at the Cont�actor's risk.
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Any correction or errors or omissions in Plans and Spec�cations may be made by the Engineer
when such correction is necessary for the proper fitliillment of their intention as construed by
him. Where said correction of errors or omissions, except as provided in the next iwo (2)
paragraphs below, adds to the amount of work to be done by the �ontractor, compensation for
said additional work shall be made under the Paragraph 14.7 CHAR�GES IN THE WORK below,
except where the additional wark may be classed under some item of work for which a unit pr.ice
is included in the proposal.
The fact that specific mention o�' any part of work is omitted in the Specifications, whether
intentionally or othe�•wise, when the same is clearly shown or indieated on the Plans, or is usually
and customarily required to camplete fully such worlc as is specified herein, will not entitle the
Contractor to considet�ation in the matter of any cIairn for extra compensation, but the said wark
must be installed or done the same as if called for by bofli the Plans and Speciiications.
All work indicated on the Plans and not men#ioned in the Specifications or vice versa, and all
work and material usual and neeessary to make the Work coznplete in all its parks, whether or not
they are indicated on the Plans ox mentianed in the Specifications, shall be furnished and
executed tlie same as if th�y were called for by boih the Plans and Specifications.
The Contractor will not be atlowed to take advantage of any errors or amissions in the Plans and
Specifications. The Engineer will provide fuli infortnation when errors or omissions are
discovered.
4.4 DRAWINGS ANII� SPECIFICATTONS AT JOB SITE
One {1) complete set af all Plans, Specifications, Work Orders, Addenda, Change Orders, Shop
Drawings and samples shall be maintained at the job site, in good order and annotated to show a11
changes made during the construction process, a,nd shall be available to the Engineer and City at
all times. A final copy thereaf, along with "as-built" record drawings, operations and
maintenance manuals, and data sheets, shall be delivered to the Engineer upon the completion of
the Work.
4.5 DIMENSIONS
Dimensions shown on ihe PIans will be used. VJl�cere the work of the Contxactor is affected by
finished dimensions, these shall be verified by the ContrACtor at site, and he shall assume the
responsibility for their use.
4.G SAMPLING AND TESTING
Except as otherwise provided, sampling and testing of ail materials, and the laboratory methods
and testing equipment, required under the Specificatzons shall be in accordanee with the latest
standards or tenets of the American Society far Testing Materials.
The testing of samples and materials shall be made at the expense of the Contractor, except
where indicated otherwise. The Contractor shall furnish any required sampies withaut charge.
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The Contractor shall be given sufFicient notification of the placing of orders far materials to
pennit testing.
It is expected that a11 inspections and fiesting of materials and equipment will be done locally. If
the Coniractor desires that inspections for tests t�e made au#side of the local area, all additianal
expenses, including per diem for the Engineer oz Inspectors, shall be borne by the Contractor.
4.7 SHOP DRAWINGS
The Contractor shali provide shop drawings, setting schedules and other drawings as may be
necessary for the prosecution of the Work in the shop and in the field as required by the Plans
and Specifications or Engineer's instructions. Deviations from the Plans and Specifications shalI
be called fo the attention of the Engineer at the time of the first submissian of shop drawings and
other drawings. The Engix�eer's approval of any shap drawings sha.11 not release the Contractor
from responsibility for ei�ors, cnrrections of details, or conformance with the Contract. Shop
drawings shall be submitted according to the fnllawing schedule:
(a) Seven (7) copies shall be submitted to the Engineer at least thirty (30) days before
the materials indicated thereon are to be needed or eariier if required to prevent delay of woxk or
to comply with subparagraph (b).
{b) The Engineer shall, witlun fourteen (14) days of the submittai of any shop
drawings, return three (3) copies to the Contractar marked with any corrections and changes
required and noting if the drawings are acceptable as noted, or if resubmittal is required.
(c) The Contraetor shall then correct tlte shop drawings to conform to the corrections
and changes xequested by the Engineer and resubmit six (6} copies to the Engineer.
(d) Three (3} copies of Approved Shop Drawings shall be returned fo #he Contractor
by the Engineer.
4.8 QUALITY OF EQUIPMENT AND MATERTALS
In order to establish standards of quality, the Specifications may refer to eertain products by
name and catalog number. This procedure is not to be construed as eliminating from competition
other products of equal or better quality by other manufacturers where fully suitable in design.
The Contractor sha11 fuinish to the Engineer a complete list of his proposed desired substitutions
prior to the signing of the Contracf, together with such engineering and catalog data as the
Engineer may require. Further substitutions may be submitted during the course of� wark in
accordance with Paragraph 4.10 SUBSTITtI770N �F EQUIPMFN7' AND/OR 1�fATERIAL
below.
The Contractor shall abide by the �ngineer's judgment when proposed substitution of materials
or items or equipment are judged to be unacceptahle and shall furnish the specif'ied material or
item af equipment in such case. All proposals for subsiitutions shall be submitted to the Engineer
in writing by the Contractor and not by individual trades or material suppliers. The Engineer will
advise of approval or disapproval ofproposed substitutians in writing within a reasonable time,
�'o substitute materials shall be used unless approved by Engineer in wz�iting.
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4.9 EQUiPMEI�TT APPROVAL DATA
The Coniractor shall furnish one (1) copy of complete catalog data for every manufactured item
of equipment and a11 components to be used in the Work, including specific performance daia,
material description, rating, capacity, materiaJ. gauge or thickness, brand name, ca#alog nuanber
and general type.
T1us submission shaIl be compiled by the Contrac#or and submitted to the Engineer for review
and written approval by the Engineer and City before any of the equipment is ordered,
Each dafa sheet or catalog in the submission shall Ue indexed according to specification section
and paragraph fox easy reference.
After writien approval is received by the Contractor, submission shall become a part of the
Contract and may not be deviated froxn except upon wri.tten approval of the Engineer and City.
Catalog data for equipment approved bq the Engineer and Ciiy does not in any case supersede the
Contract Documents. The acceptance by the Engineer and City shall not relieve the Contractor
from responsibility for deviations fiom Plans or Specifications, unless he has called the
Engineer's attention, in writing, to such devia#ions at the tune af submission, nor shal� it relieve
hirn from responsibility for errors of any sort in the items submitted. The Contractor shall check
the work described by the catalog data with the Contract Documents for deviations an.d errors.
It shall be the responsibility of the Contractor to insure that iterns to be fuinished fit the space
available. He sha11 make necessary field measurements to ascertain spaee requirements, including
those for connectio��s, and shall order such sizes and shapes af equipment that the field
installation shall suit the true intent and meatling oi the Plans and Specifications.
Where equipment requiring differeni arrangement of connections from those shown is approved,
it sha11 be the responsibility of the Cont�actor to install the equipment to operate properly, and in
harmony with the intent of the Plans and Specifications, and to malce all changes in the Work
required by the different arrangement of connections at his own expense.
4.10 SUBSTITUTION O� EQUiPMENT AND/OR Mt1TERIAL
After the execution of the Contract Agreeznent, the substitution of equipinent and/or material for
that specifzed will be considered if:
(a) The equipment andior materials proposed for substitution is determined by the
Engineer to be equal or superior to that specified in the Conf�•ac�;
(b) Unless determined to be of superior quafity, the equipment aald/or znaterial
proposed for substitution is less expensive than that specified and that such savings to the City,
as proposed by the Contractor, are submitted with the request for substituti.on. If the substitution
is approved, the Contract price shall be reduced accQrciingly; and
(c) The equipment and/or material proposed far substitutian is readily available and
its delivery and use, if app�•oved as a substitution, � will nat delay the scheduled start and
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completion of the specifiad work for which it is intended or the scheduled compleiion of the
entire work to be coznpleted under the contracf.
No request will be considered unless submitted in writing to the Enginear and approval by the
Engineer and Ciiy must also be in vv�•i.fing. To receive cansideration, requests for substiiutions
must be accompanied by documentary praof of the actual difference in cost to the Contractor in
the form af quotations to the contractor covering the original equipment and/or material, and also
equipment and/or material proposed for substitution or other proof satisfactary to the Engineer. It
is the intention that the City sha11 receive the full benefit of the saving in cost involved in any
substitution unless the i#em is substituted for one designated in the Specifications by specific
xnanufacturer's name and type, in which case one-third of the savings shall accrue to the benefit
of the Contractor.
In all cases, the burden of provuig adeqnate proof that the equipment andJor material offered for
substitution is equal or superior in construction and/or efficiency to that nazned in the Contract
shatl rest on the Contractor and fhe proof will be submitted to the Engineer. Request for
substitutian of equipment and/or material which the Contractor cannot prove to the satisfaction
of the Engineer, at its sole discreiion and judginent, to be equal or superior in construction andlor
efficiency to tha[ named in the Contract wili not be approved.
5.0 MATERIALS AND WORKMANSHIP
5.1 MATERIALS FURNISHED BY THE CONTRACT�R
All materials and equipment used in ihe Work shall meet the requirements of the respective
Specifications, and shall not be used until it has been approved in writing by the Engineer.
Wherever fhe specificatians call for an item of material or equipment by a manufacturer's nan�e
and type, and additional features of the item are speciiically required by the specifications, the
additional features specified shall be provided whether or not they are normally included in the
standard manufacturer's item listed.
Wherever the speeifications call for an item of material or equipment by a manufacturer's name
and type, and #he specified item becomes obs�lete and is no longer available, t�ie Confiractor shall
provide a substitute item of equal quality and performance which is acceptable to the Engineer
and City and is cunently available, at no increase in Contract price.
5.2 STORAGE OF MATERIALS
Materials and equipment shail be stored so as#o incur the preservation of their quality and fitness
for the Work. When considered necessary, they sha11 be placed on wooden platforms or other
hard clean surfaces, and not on the ground, and/or they shall be placed under cover. Stared
materials and equipment shali be iocated so as to facilitate prompt inspection. Private property
zoned for, os a�jacent to land zoned for, residential uses sha11 not 6e utilized for storage
purposes.
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5.3 REJECTED WORK AND MATERIAL
Any materials, equipment or work which do not satisfactorily meet the Speciiications may be
condemned by the Engineer or City by giving a written notice to the Contractor. All condemned
materials, equipment or woxk shall be promptly taken out and replaced.
All materials and equipment which do nat confor�n to the requirements of the Contraet
Documents, are not equal to sampies approved by the Engineer and CiTy, or are in any way
unsatisfactory or unsuited to the purpose far which they are intended, shall be rejected. Any
defective work whether the result of poor workmanship, use of defective materials, damaged
through caxelessness or frozn other cause shall be removed within ten {10) days aftex written
notice is given by the City, and the work shall be re-executed by the Contractor. The fact #hat the
Engineer or the City may have previously overloaked such defective work shall not constitute an
acceptance of any part of it. Should the Contractor fail to remove rejected work or materials
within ten (IO) days after written notice to do so, the City may remove them and rnay store the
matei7als and equipment. Satisfaction of warranty work after finai payment sha11 be in
accordance with Paragraph 10.15.
5.4 Mf1NUFACTUI2�R'S DIRECTION
Manufaetured articles, inateriais and equipment shall be applied, installed, connected, erected,
used, cleaned, and conditioned as directed by the manufacturer unless herein speciiied to the
contrary.
5,5 SKILL AND CHt-LRACTER �F WORKMEN
All warkmen must have sufficient knowledge, skill and experience to perform properly the work
assigned to them. Any foreman ox workman employed by the Contractor �x subcontractors who,
in the opinion of the Engineer or the City does not perform his work in a skillfut manner, or
appears to be incompetent or to act in a disarderly or intetnperate manner shatl, at the written
request of the City, be discharged immediately and sha11 not he em�loyed again in any portion of
the Work without the appraval of the City.
The Contractar shall at all times be responsible for the conduct and discipline of his employees
and/or any subcontractor or persons employed by subcontractors.
5.6 CUTTING AND PATCHING
The Contractor shall do all necessary cutting and patching of the Wark that may be required to
properly receive the work oF the various trades or as required by the Plans and Specifications to
complete the Work. He sha11 restore all such cut or patched wark as directed by the Engineer or
the City. Cutting of existing structures that could endanger the Work, adjacent property,
warkmen or the public shall not be done unless approved by the Engineer and under his
surveillance.
5.7 CLEANING UP
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The Contractor shall at all times keep the premises free from accurnulation of waste materials or
rubbish caused by his employees ar work. At the completian of the Work, he shall reznove all his
rubbish, tools, scaffolding and surplus materials and shail leave his work "braom clean" ar its
equivaIent, unless more exactiy speci�ed, and shall insure that a11 debris and other unsightly
objects are removed And disposed of in a satisfactory manner. At no additionai expense to the
City, the Contractor will restore to their originat conditions or better, as nearly as practicable,
those portions of the site not designated for alteration and alI such property, strucYure, utilities,
landscaping, etc., disturbed or damaged during the prosecution of the Work, Final payment will
be withheld until such clean up and repairs as�e completed
The Work will be cansidered complete only af#er all debris and unused material due to or
connected with the Work have been removed and the surrounding area left in a condition
satisfactory to the City. In the event the City finds that the Contractar has not complied in
keeping the }ob site clean, the City may, after twenty-four (24) hours written notice ta the
Contractor to correct the situation, elect to have ihe job site cleaned by an independent labor
force. The cost of cleaning by said independent labor force shall be deducied from moneys due
the Contractor.
5.8 CITY'S OWNERSHIP OF MATERIALS
Any and a11 materials, whether structural or naiural, found witlain the limits of the project remain
fhe pxoperty of the City unless City ownership is specifically conveyed to the Contractor.
All material, equipment and work become the sole property of the City as installed. These
provisions shall not be construed as relieving the Contractor from the sale responsibiliiy for ali
materials and work for wluch payments hava been made, fox the restaration of darnaged work, or
as a waiver of right of the City to require the fulfillment of all the terms of the Contract.
5.9 GUARANTEE
The Contractar shall warrani alI equipment furnished and work performed by him for a periad of
one (1) year from i�ie date of final written acceptance afthe Work by City.
Satisfaction of warranty work after final payment shall be as per Paragraph 10.15.
All equipment and material warranties or guarantees shail be drawn in favor of the City and the
originals thereof furnished to the �ngineer far review and acceptance prior to final payment.
Such guarantee shall in no «ray limit or relieve the Contractor of liability from subsequent claims
of breach of contract due to substandard materials or worl�nanship, nor shall such warranty
period shorten the statute of limitations for bringing a breach of cantract or other action based
upon any such deficiencies.
6.0 CONSTRUCTIQN STAKING TO BE PERF�RMED BY CONTRACTOR
b.1 PERSONNEL, EQUIPMENT AND RECOKD REQUIREMENTS
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Adequate field notes and records shall be available for review by the City and Engineer as the
Work progresses and copies shall be available if necessary. Any inspection or checking of the
Cantractor's �eld notes or layaut work by the Engineer and City and. the acceptanca of all or any
part thereof, shall not relieve the Contractor of his responsibility t� achieve the Iines, grades and
dimensions shown in the Plans and Specifications.
Prior to �nal acceptance of the project, the Contractor shall mark in a permanent maiu�er on the
surface of ihe completed Wark all control points shown on the Flans.
6.2 CONTROL POINTS FURNISHED BY THE CITIr
The City will provide boundary or other contral points and bench marks as shown on the Plans as
"Contractor's Survey Control Point", if any is provided. i he Contractor shall be responsible for
all suivey control of his work during construction. The Contractor shall preserve all reference
points and benchmarks furnished by the City.
63 FURNISHING O� STAK� MATERIALS
The Confiractor shall furnish all stakes, templates and other matei7als necessary far establishing
and maintaining the lines and grades iiecessary for contral and construction of the Work.
6.4 LAYOUT OF WORK
Utilizing the control points furnished by the City in accordanee with Paragraph 6.2, the
Contractor shall establish all horizontal and vertical eontrols necessary to construct the Work in
conformance with the Plans and Specifications. The Work shall include pexforming all
calculations required and setting a1� stakes needed such as grade stakes, offset stakes, reference
point stakes, slape stakes, and other reference marks or points necessary to provide Iines and
grades for aIl construction.
Survey notes indicating the information and measurements used in establishing locations and
grades shall be kept in notebooks and furnished to the Engineer with the record drawings for ihe
Praject.
b.5 RECORD DRAWINGS:
At cont�•act close-out, record drawings shall be delivered to Engineer far review and Approval.
Drawings shall be prepared by a licensed surveyor and provided in an electronic format
(AUTOCAI}), and on mylar, and three (3) sets of signed and sealed hard copies. The drawings
shall depict depths of various elements of construction in relation to I�T.G.V.D. {1929); Horizontal
and vertical locations of a11 underground drainage, utilities, "rrri�ation, etc., referenced to
permanent surface zmpx�vements; horizontal and vertical locations of a11 surface and above
�ound improvements zncluding but not limiied to pavement, curbs, sidewalks, inlets, manholes,
buildings, mechanical/electric facilities, retention ponds, swales, ditches, fences, trees/shrubs;
and record drawings must also comply with other lacal agency reqnirements, including
I.R.C.D.U.S. as-built data required for water and sewer constructioli (state plane coordinates on
a11 water and sewer utility infrastructure).
b.6 PAYMENT
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The cost of performing layout work as described above shall be included in the contract unit
prices for the various items of work to which it is incidental, unless a separate bid item is
included in the Bid Proposal Form.
6.7 COORDTNATr�N WITH CITY
The City's recorded subdivision plats shall be considered correct. The distance, bearing and curve
information provided shall be used by the Contractor's surveyor to establish aiignment
throughout construction. All surveying activities wilt be coordinated with the City's surveyor as
needed for proper completion oi a11 work on the site.
Primaxy control monuments, originally set by the City, that are disturbed or destroyed during
constrnetion shall be accurately replaced by the Contractor's surveyor to the satisfaction of ihe
City's surveyor.
6.8 LOCATION UF EXISTING UTILITIBS AND PZPiNG
All existing underground utilities, such as telephane, cable felevision, water mains, sewer mains,
and electrical cables must be located by the Contractox prior to starting work. The Contractor
sha11 contact the Utilities at least 48 hours prior to commencing any work within the projec# area.
There may be other utilities within the project area.
The cost of substantiating the location of utilities shail be barne by the Cantractor and included
in the contract unit prices for the various items of work to which it is incidental. The Con�ractox
sha1l be responsible for the repair andlor replacement of utilities, which he damages during the
course of construction.
Utilities deemed to require relocation shall be identified by the Contractor prior to commencing
work. The Contractox shall notice the Engineer of the conflict and seek direction from the
Engineez prior to proceedzng with work. Directions from the Engineer may be to proceed despite
conflict, place work ordar on hold and conunence work at a different location, or relocate utilities
under separate contract with tiie utility or a change order to be directed by the Engineer and
approved by the City.
7.0 PROGI2ESS AND COMPLETION OF WORK
7.1 CONTRACTOR'S OBLIGATION
Contractox shall supervise and direct the Work, using Contractor's best skill and attention.
Contraetor shall be solely responsible for and have control over construction means, methods,
techxuques, sequences and procedures and for coordinating alt portions af the Work under ihis
Contract, unless the Contract Documents give other specific insiructions concerning these
matters.
Unless otherwise provided in the Contract Documents, Contraetor shatl provide and pay for
Iabor, materials, equipment, tools, construction equipment and maclunery, water, heat, utilities,
transportafion, and other facilities and services necessary for the proper execution and
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completion of the Work, whether temporary or permanent and whether or not incorparated or to
be incarpora#ed in the Woric.
Unless otherwise provided in fhe Contract Documenis, Contractor sha,ll pay all sales, use and
other similar taxes.
Contractor shall enforce strict discipline and gaod order among Cantractar's employees and other
persons carrying out ihe Work. Contracfor shalt nat permit empioyment of unfit persons or
persons no� skilled in tasks assigned to them.
Contractor currently holds and shall maintain at all times during the term of ihis Contract a11
required federal, state and Iocal licenses necessary to perforxn the Work required under the
Contract Documents.
Contractor sha.11 be res�ansible to the City for the acts and ornissions of Contractor's employees,
Subcontractars and their agents and employees, and other persons perfoz�ning portions of the
Work un.der a contract with Coniractor.
Contractor shall 'zndemnify, defend and hold the Engineex and City harmless from all claims
arising out of or related to its performance of the Work except for a�cts arising solely fram the
active negligence of the City.
7.2 START OF CONSTRUCTION
'I'he Contractor shall commence work on the date speczfied in the Noiice to Proceed subsequently
issued by the City, or as specifzcally noted in any Contract Addendurn. However, in no case shall
the Cantractor commence work until the City has been furnished and acknowledges receipt of the
Contractor's Certificates of Insurance and a properly executed performance and payment bond as
required.
7.3 CONTRACT TIME
The contractor sha11 complete, in an acceptable manner, all of the Work in the time stated in the
Contract Agreement and any Addenda or Change Orders thereto.
7.4 SCHEDULE OF COMPLETION
The Contractor's schedules are subject ta the approval of the Engineer and City, which shall nat
be unreasonably withheld, and shall reflect a logical sequence of fhe variaus components of work
and the anticipated rates af productian necessary #o complete the Work oYi or � before the
completian date. Said schedules shall be submitted within ten {10) days of the execution of the
agreement by the City except when requested otherwise and shall be updated and resubmitted to
the Engineer and City on the twenty-fifth (ZSth) day of every month with the Contractor's pay
xequest.
7.5 COORDINAI'ION OF CONSTRUCTION(PRECC?NSTRUCTION C�?NFERENCE
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The Contractor shall coordinate his worlc with other contractors, the City and utilities to assure
orderly and expeditious progress of work.
The City shall hold a pre-construction con%rence at Sebastian Cify Hall at a tirne and date
mutually agreed upon with the Contractor after fhe Contract has been awarded and fully
executed.
7.6 PROPERTY OF OTHERS
A. Public 4wnersl�ip
The Contractor shall be responsible for the pr.eservation of all public property, trees, monuments,
ete., alang and adjacent to the street ancUor xight-of-way, and shall use every precaution necessary
to prevent damage or injury thereto. He shall use suitable precautions to prevent damage to pipes,
condaits and other underground structures, and shall protect carefully from distuxbance or
damage a11 monuments and property marks until a land surveyor has witnessed or otherwise
referenced their location and shall not remove them untiI so directed by the Engineer in writing,.
B. Pz•ivate Ownership
Mail and newspaper boxes, sprinkler systems, ornamental shrubs, lawn ornaments, house
numbers, fences, ete. may be reinoved and relocated by the properiy owners. The City will not
remove, relocate, or re-install mail boxes, sprinkler systems, ornamental shrubs, etc. belonging to
a private property owner. However, should such items not be removed or relacated by the s#art of
canstructioii, the Contractor shall remove the objects, in a manner which does not damage or
injure the objects at no extra cost to the Ciry, which interfere with the construction af the Project
and place them on the property owner's front lawn just outside the project limits.
Otherwise, the Contractor shall not enter upon private properry for any purpose without
obtaining permission from the property Owner thereof. Where extensive intiusions upon private
property are required for construction, the City and Contractor shall caoperate to obtain
Temporary Construction Easements from thc landowner.
7.7 PROTECTION OF EXISTING UTILITIES AND I'ACILITIES
All utilities and ati structures of any nature, whether below ar above ground, that may be affected
by the Work but are not required to be disturbed or relocated by the very nature of the project,
shall be protected and maintained by the Contractor and shall not be dish�rbed or damaged by
him during ihe progress of the Work; provided that, should the Contractor disturb, disconnect or
damage any utility or any st��ucture, all expenses of whatever naiure arising froin such
disturbance or the xepJaceinent or repair and testing thereof shall be borne by the Contractor.
7.8 CROSSING PUI3LIC FACILITIES
When new constructian crosses highways, railroads, streets or similax public facilities under the
jurisdiction of state, county, city, ar other public agency or private entity, the City through the
Engineer shall secure written permission prior to the commencement of construction of such
crossing. The Contractor wi11 be required to furnish evidence of compliance with condi�ians of
the permit from the proper authority before final acceptance of the Work by City. Road closures
are gaverned by PAragraph $.3 below.
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7.9 CHANGES IN THE WORK
The City may order changes in the Work through additions, deleiions or modifications wzthaut
invalidating the Contz•act; hawever, any change in the scope of work or substitution of materials
shall require the recommendation of the Engineer and the written appraval of the City.
Compensation and iime of completion affected by the change shall be adjusted at the time of
ordering such change. New and unforeseen items of work found to be necessary and which
cannot be covered by any item or combination of items for which there is a contract price sha11 be
classed as changes in the Wark, fihe Cont��actor shall do such changes in the Work and furnish
such materials, labor and equiprnent as may be required far the proper conipletion of constructian
of the work contempiated. In the absence of such written order, na claim foz• changes in the Work
shall be considered. Changes in the Wark shall be per%xmed in accordance with the
Specifcatians where applicable an.d work not.covered by the specifications or special provisions
shall be done in accordance with specifications issued for �liis purpose. Changes in the Work
required in an emergency to protect life and property shall bc performed by the Cantractor as
required.
7.10 EXT�NSION OF CONTIZACT TIME
No extension of time shall be valid unless given in wrzting by the City. No monetary
compensation shall be given for such delay.
A delay beyoizd the Cantractor's control occasioned by an "Act of God" may entitle the
Contractor to an extension of time in which to complete the Wark as determined by the City
pravided, however, the Contractor shall immediately give written notice to the City of the cause
of such delay.
"Rain day°' extensions shall be granted upon written request of the Contractor to the Gity's
Project Manager or Engineer when said Project Ma�iager ar Engineer determines that weather
conditions make it counterproductive to work on sa'rd days. "Rain day" requesis must be
submitted at the end of each work week or be waived, and the cumulative "rain day" extensions
granted shall be processed as a Change Order with each pay submittal.
In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractar shall be
granted an extension of time to complete the Work for as many calendar days as the Work was
suspended; except, hovvever, that the Contractor will nat be granted an extension of time to
complete the Work if the suspension was caused by a fault of the Contractor.
7.11 CORRECTION OF WORK
Cont�actor shall, at no cost to the City, pron�ptly eorrect Work failing to canform to requirements
of the Contract Documents, wheiher abserved before or afler completifln af the Work and
whether or not fabricated, installeci or completed, and shall correct any Wark found to be not in
accordance with the requirements of the Contract Documents within a period of ane (1) year
fram the date of completion af the Work or by the terms of an applicable special warraiity
required hy the Contract Documents. The provisions of this Paragraph apply to the Work done
by Subcontractors as well as to the Work done hy direct employees of Cantractor.
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Nothing contained in this Paragraph shall be construed to establisll a period of limitation with
respect t� other obligations which Contractor might have under the Contract Documents.
Establishment of the time period of ane (1) year as described in Subpaxagraph 7.11(a) above
relates only ta the speci�c obligation of Contractor to correct the Work, and has no effect on the
time with.in which the obligatians of the Contrac# Documants may be enforced, nor to the tixne
within which proceedings may be commenced to establish Contractor's liability with respect to
Contractor's remaining contractural obligations.
7.12 LIQUIDA`I'ED DAMAGES
In the event Conixactar violates or fails to perforrn any provision of the Contcact Documents,
then the City may elect to receive, and Contractor agrees to pay, liquidated damages as provided
in paragraph 2.6. Inspection of the Work by the City and the subsequent issuance of a notice by
the City and Engineer indicating substantial completion wi�l be the date used to signify work
completion. If com.pletion is beyond the schedule agreed upon, liquidated damages may be
imposed by the City on the Contractor and will be withheid from payment.
It is expressly acknowledged by Contractor that said payment sha11 not be interpreted nor
construed as a penalty but is in fact a gaod faith attempt to fix damages which the City will suf:fer
in the event Contractar fails to perCarm as required hereunder or violates any provision of the
Cantract Documents.
8.0 FUBLIC HEALTH AND SAFETY
8.1 PROTECTION OF PERSONS AND PROPERTY
The Contractor shall subn�it, for the City's approval, a project safety and security plan which
describes the Contractor's plans and procedures to protect the safety and properiy of property
owners, residents, and passers-by. The plan shall describe measures and precautions to be talcen
during working hours and non-working hours.
A. Safetv Preeautions and Pro�rams
The Contractar shall be responsible for initiating, maintaining and supervising alI safety
precautions and pxograms in connection with the Work in accordance with the U.S. Department
of Labor 4ccupational Safety and Health Act and the laws af the State of Florida.
This Contract requires that the Contractor and any and all subconixactors hired by the Con#ractor
comply with all relevant standards of the Occupational Safety and Health Act. Failuz�e to comply
with the Act constiiutes a failure to perform.
The Contractor agrees to reimburse the City for any fines and/or court costs arising from
penalties charged to the City for violations of OSHA c�mmitted by the Contractor c�r any and all
subcontractors.
B. Safetv of Persons and Propertv
The Contractor shaIl take all reasonable precautions for the safety of, and shall provide all
reasonable protection to prevent damage, injury ar loss to, a1i employees on the Work and all
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other persons who may be affected thereby; all the work materials and equipment to be
incorporated therein, whether in storage on or off the project site, under the care, custody or
control of the Contractor or any of his subcontractors; and ather property on fhe project site or
adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and
utilities not designated for removal, relocation or replacement in the course of construction.
The Contractor shail be held fully responsibie for such safety and protection un#il final written
acceptance of the Work.
Fire hyc�ants on or adjacent io the Work sha11 be kept accessible to fire fi�hting equipment at aII
times. Temporary provisions shall be made by the Contractor to insure the proper functioning of
all swales, gutters, sewer inlets, drainage ditches and irrigation ciitches, wluch shall not be
obstructed c�cept as approved by the City.
The Cantractar acknowledges that, in executing the Project, it wiil operate machinery aud
equipment that may be dangerous to the adjacent property owners and the general public. The
Contractar wili be required to conduct excavations for Yhe Project which may be hazardous ta
person and property. T'he Contractor shall develop and itnplement a job safety and security plan
which witll adequately protect a11 property and the general public.
8.2 TRAFFIC CONTROL
All safety precautions, traffic control, and wanung devices necessa.ty to protect the public and
workmen from hazards within the right-of-way shall be in strici aecordance with SECTI�N 102,
MAINTENANCE OF TRAFFIC, in the Florida Dept. of Transportation (FDOT) Std. T'he State
of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction,
Maintenance and Zliility 4perations Specifications for Road and Bridge Const�uction, latest
edition, shall be used as minimum standards, as applicable.
I'urther, the Contracfox sha11 carry on the Work in a manner that will cause the least possible
obstruction and interruption in traffic, and the least inconvenience to the general public and the
residents in the vicinity of the work.
8.3 ROAD CLOSURE AND DETOURS
Local traftic sha11 be maintained within the limits qf the Prnject far the duration of the
consnuction period. Closing to through travel of more than fwo (2} eonseeutive blocks; inclvding
the cross street intersecied will nat be petmitted without specific authorization of the City. No
road or s#reet shall be closed to the public except with the pennission of the City and proper
governmental authoxities (I.R.C., F.D.O.T., as applzcable). When closing of roads are permitted,
it shall require forty-eight (48} hours notification to the City, I.R.C. , or F.D.O.'I'. (applicable
agency with jurisdiction). Traff'ic detours shall be pre-approved prior ta closing. "Street Clased
to through Traffie" signs and "Detour" routes shall be indicated and maintained by the ContracTor
when the job is Iocated in a public or private street.
8.4 PROVISION OF ACCESS
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Where tr�c must cross open trenches, the contractor shall provide adequate ingress and egress
to dweltings, business facilities, utilities and service. Tempo�•ary provisions shall be made by the
Cantractor to insure the use of sidewalks. The Con#ractor shall provide suitable crossings at
street intersections and driveways, and supply such aid as rnay be required for pedestrians and
motorists, including delivery vehicles, to safely negotiate the construction areas,
On campletion of Work within any area, the Contractor shall remove a11 debris, excess znateriais,
barricades and temporary Work leavin�; walkways and roads in said area cleaa� of obst�uctions.
8.5 WA.RIVING SIGNS AND BARR.ICADES
The Contractor shall provide adequate signs, bairicades, wa��zing lights and flagmen, as required,
and all such other necessary precautions for the protection of the Work and tlle safety of the
public. AlI banicades and obsfructions shall be protected at night by regulatory signal lights
whick shall be kept in operation from sunset to sunrise. Barricades shall be of substantial
cons#ruction and shall be zefleetive to increase their visibility at night. Suitable warning signs
shall be so placed and illtuninated at naght as to show zn advance where construction, barricades
or detours exist. Uniess so designated in the Bid Documents, no direct payment for this work will
be made, but the cost of providing, erecting and inaintaining such protection devices, including
guards, watchznen and/or flagmen as required shall be considered as included at�d paid for in the
various conhact prices af the Work.
Wai�ing signs and barrzcades shall be ii� conformance with the State af Florida, Manual of
?"raffzc Cont�•ol and Safe Practices for Street and Hzghway Canstruction, Maintenance and
Utility Operatiotts, latest edition.
The Contractor shait provide and maintain adequate ba�ricades, consti�zction signs, torches,
flashers, guards and flagmen as required in pedestrian and vehicular traffic areas. Regulations of
locai autharities shall be coniplied with. Advance warning signs axe required on all streets where
wark is being conducted. I.,ane closures shali be signed and banicaded or coned as indicated in
aforementioned FDO'I' Index. Fla�men nzay be required where traffic and Iength of Iane closure
warrant them. Where such a plan is needed, Contractor shall submit and abtain approval of their
traffic conirol plan by the City, or other applicable government agencies.
8.6 OPEN TRENCHES
The Confractor shall fully comply with Florida Statutes and OSHA regulations with regard to
open trenches during canstruction. The Contraetor shall be plaee eonstruction hazard feneing
along any open ttenches during the construction work-day, and shall leave no open trenches or
excavations over-night unless properly fenced and with the specific approval af the Engineer or
the City.
8.7 PLAC�NI�NT' OF HEAVY EQUiPMENT
The Contractor shall not leave construction equipment parked in front of or on a residential Iot
overnight or on weekends. At the close of work each day, the equiprnent shall be driven to and
stored in a designated area so that the equipment will not become an "atkractive nuzsance" to
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neighbarhood children. All equiprnent left unattended during the course of warking day, such as
during lunch hours or work breaks, shall nat be left in a condition or location which wauld create
a safety hazard to the general public. A11 keys shall be removed irom the machines during those
times.
8.8 TEMPORARY FACILITIES AND CONTROLS
The Coi�iractor shall provide controls for sanitary facilities, environmental protection and safety
controls on site acceptable to the Florida Department of Health and Rehabilitati.ve Services,
Department of Environmental Protection, and St. 3ohns River VVater Management District.
8.9 SANITARY PROVISION
The Cantractar shall provide and maintaiu such sanitary accommodations adequate for the use of
his employees and those of his subcontractors, and as may be necessaiy to comply with the
requirements and regulations Qf the local and state departments of health.
Such facilities shall be made available when the first employees arrive on site of tke Work, shall
be propexly secluded from public observati�n, and shall be constructed and mainiained during the
progress of the Work in suitable numbers ancl at such points and in such rrzanner as may be
reqnired or approved.
The Contractor shall maintain the sanitary facilities in a satisfactory and sanitary condition at alI
times and shall enforce their use. Contractor sha11 rigorously prohibit the committing of
nuisances on the site of the Work, on the lands of the City or an adjacent property. The City shall
have the right to inspect such facilities at all times to determine whether or not they are being
properly and adequately maintained.
Following the periad of necessi#y for such accommadations, they �nd all evidence af�xed thereto
shall be removed.
8.10 WATER AND ELECTRIC SUPPLY
The Contractor shall make all necessary applications and arrangements, and pay all fees and
charges for water and electrical service necessary for the proper completion of the Project up to
the time of final acceptance. The Contraetor shall provide and pay for any temporazy piping and
connections.
8.11 NOISE CONTROL
The Contractor sha11 provide adequate protection against objectionable noise levels caused by the
operation of construction equipment, and shall submit a plan to the Engineer for his review priar
to initiation and implementation ofthe plan.
8.12 DUST CONTROL
The Cantractor sha11 provide for adequate protection against raising objectianahle dust clauds
caused by moving constructzon equipmient, hi�h winds or any other cause, and shall submit a
plan to the Engineer for his review prior to initiation and iinplementation of the plan.
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8.13 WATER CONTROL
The Contractor shall provide for satisfac#ary disposal of surplus water and shall submit a plan to
the Engineer fox his review priar io initiation and itnpiementation of the p1an. Prior appraval
shall be obtained from the proper authorities for the use of public or private lands or facilities for
such disposal.
$.24 POLLUTION, SILTATION AND EROSTON CONTR�L
The Contractor sb.all provide for and take sufficient precautions ta prevent pollution of private
and public lands, reservoirs, ponds, rivers, streams, creeks, etc., by the disposal of surplus
materials in the forms of solids, liquids or gases including, but ��ot limited to, fuels, oils bitumen,
calcium chloride or other harmful materials.
Contractor shall conduct and scheduie Work operations so as to avoid or otherwise minimize
pollution ar situation of streams, lakes and reservoirs and to avaid interference with movement of
migratory fish where there is a high potential for erosion and subsequent water pollution.
Erasion control features shall be consiructed concurrently with other work and at the earliest
practicable time.
The Contractor shall prepare a detailed description of Cont�actor's pian far Erosion and Turbidity
Control (S.W.P.P.P.), including location of erosion control and turbidity control devices, marked
on a plan set as needed for clarity. The erosion and turbidiTy control shall meet the requiremei�ts
of ihe Florida Department of EnvirontnentaL Protection and the St. John's River Water
Management Dzstrict for control of discharge of Total Suspended Matter, and shall prevent water
and wind erosion of the worlc.
The contractor agrees to reimburse the City for any fines andlox court costs arising from
penalties charged to the City for vialations of E.P.A., FDEI', ar SJRWMD perrnits, permit
conditions or regulations corivnitted by the contractor or any subcontractors on this site.
Article III - SUPERVISION AND ADMINISTRATION
9.0 ENGINEER, CITY, CONTRACTOR R.ELATIONS
9.1 ENGII�TEER'S RESPONSIBILITY AND AUTHORITY
All wark done shall be subject to the constructian review of the Engineer and City. Any and a11
teclulical qnestions which may arise as to the quality and aeeeptability of materials furnished,
work performed, or work to be performed, interpretation of Plans and Speaifications and all
technical questions as to the acceptable fulfi]Iment of the Contract on the part of tiie Contractor
shall be referred to the Engineer who will resolve such c�uestions.
9.2 ENGINEER'S DECISION
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Construction Services Agreement
All claims of a technical nature �f the City or Contractor shall be presented to the Engineer for
resolution.
9.3 SUSPENSIOlV OF WORK
The City sha11 have the authority to suspend the Wark wholly or in part, for such periods as may
be deemed necessary and for whatever cause, to include but not be limited to, unsuitable weaiher
or such other conditions as are considered unfavorable for prosecution of the 'Woxk, failure on the
part of the Contractor to carry out the provisions of the Contract or to suppty materials meeting
the requirements af the Specifications, ar the action of a�ovez7unental agency, by serving writien
notice of suspension to the Contractor. In the event that the Engineer shall become aware of any
conditiQn which may be cause for suspei�sion of the Work, the Engineer shall immediately advise
the City of such conditian. The Contractor sha11 not suspend operations under the provisions of
this Paragraph without the City's permission.
9.4 CONSTRUCTI4N REVIEW OF WORK
All materials and eaeh part or detail of the Work shall be subject at all i�mes to construction
review by the Engineer and the City and other governrnent agencies with jurisdietion, including
but not limited io F.D.Q.T., F.D.F.P., I.R.C., and S.J.R.W.M.D.. The Engineer and the City may
appoini inspectors. The Contractor will be hela strictly to the true inient of the Specifications in
regard to quality of matexials, workmanship, and the diligent execut'ron of the Contract. Such
construction review may include mill, plant, or shop inspection, and any mafexial furnished under
the Specificaiions is subject to such inspection. The Engineer and the City shall be allowed
access to all parts of the Work and shall be furnished with such infortnation and assistance by the
Contractor as is required to make a camplete and detailed review. The City shall not be
respansible for the acts or omissions oithe Contractor.
9.5 FIELD TESTS AND PRELIMINARY OPEKATION
The Contractor shall perform the woxk of placing in operation aIl equipment instaIled under this
Contract, except as specifically noted hereinafter.
The Contractor shall make adjustments necessary for proper operation.
The Contractor shall provide construction labor required for preliminary opera�ian of the
equipment installed wider ihis Cantraet.
The Contractox shall natify the Engineer and City when waxk is considered to be complete, in
operating condition, and ready for inspection. Further inspection requirements may be designated
in the Technical Speci�cations.
The contractor shall conduct tests necessary to determine if Yhe Work functions properly.
Arrangements for testing laboratory services wili be made by the caniractar. Payzner�t for testing
to show compliance with speciFied requirements will be paid for by the cantractor. At the eity's
discretion, the city may re-test or arrange additional testing beyond that normally and typically
required to be provided by the contractor. The cost of retesting or additional testing shall be paid
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by the city, except when materials and workmanship fail to meet specified requirements. Then
the cost will be deducted from moneys due the Contractor.
9.6 EXAMINATION OF COMPLETEI7 WORK
The Engineer ar City may request an examination of completed work of the Contractor at any
tirne before acceptance by the City of the Work and shall rernove or uneover such portions of the
finished woxk as may be directed. After exarnination, the Contractor sha11 restore said portions of
the Work to the standard required by the Specifications. Should the wark thus- exposed or
examined prave acceptable, the uncovering or removing and ihe replacing af the covez�ing or
making good of the parts removed shall be paid for as extra work, but should the work so
exposed or examined pxove unacceptable, the uncovering, removing and replacing shall be at the
Contractor's eapense.
9.7 CONTRACTOR'S SUPERINTENDENT
A qualified superintendent, who is acceptable to the City, shall be maintained on the project axid
give suf�czent supervision fa the Work until its completion.
The superintendent shall have full authority to act on behalf of the Contractor, and a11
communications given to the superintendent sha11 be considered given to the Contractor. In
general, such communications shall be confirmed in writing and always upon written request
from the Contractor.
9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES
Upon failure of the contractor to perform the work in accordance with the Contracl Documents,
including any requirements wifih respect to the Schedule of Completion, and after five (5) days
written notice to the Contractor, the City may, without prejudice to any ather remedy he may
have, correct such deficiencies. The Contractor sha11 be charged aIl costs incurred to eorrect
deficiencies.
9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPC.�1 E WORK
In the event of any default by the Contractor, the City shall have the right to immediately
terminate the Contract upon issuance of written notice of #ermination to the Con�ractor stating the
cause for such action. This Agreeznent may be terminated by the City without cause provided at
least thirty (30) days written notice of such termination sha11 be given ta the Contractor. Tn the
event af termination, the City may take possession of the Work and of all maierials, tools and
equipment thereon and may fuush the Work by whatever method and means it may select.
It shail be considered a default by the Contractor whenever he shall:
(a} Declare bazila•uptcy, become insolvent or assign his asscts for the benefit of his
creditors.
(b) Disregarci or vialate the provisions of the Coutract Aocuments ox City's written
instructions, or fail to prasecute the Work according to tlze agreed sehedule of completion
including extensians thereof.
(c) Fail to provide a qualified superintendent, competent workmen or subcontractors,
or proper materials, or fail to make prornpt payment therefare.
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9.10 RIGHTS OF VARIOUS INTEREST
Wherever work being done by the City's forces or by other contractors is contiguous to work
covered by the Contract, the respective rights of the various interests involved shali be
estabIished by the City; to secure the campleiion af the various portions of the Work in general
harmony.
9.11 SEPARATE CONTRACT�
The City may let otlier contracts in cannection with the Work of the Contractar. The Contraetor
shall cooperate with other Contractors with regard to starage of �naterials and executian of their
work. It shall be the Contractar's responsibility to inspect all work by other contractors affecting
his work and to report to the City any irregularities which will not permit him to complete his
work in a satisfactory manner.
His failure to notify the City of such irregularities shall indicate the wark af other eantractors has
been satisfaetarily completed to receive his work. It shall be the responsibility of the Contractor
to inspect the completed work in place and report to the Engineer immediately any difference
between completed work by others and the Plans.
9.12 SUBCONTRACTS AND PURCHASE ORDERS
Prior to signing the Contract or at the time specified by the City, the Contractor shall subrnit zn
writing to the City the names of the subcont�actor proposed for the Work. Subcontractor may not
be changed except at the request or with the approval of the City. The Contractor is responsible
to the City for the acts and amissions of his subcontractors and their direct ar indirect employees,
to the same extent as he is responsible for the acts and on�issions of his employees. The Contract
Documents sha12 not be construed as creating a conh•act�ial relation between any subcont�actars
and the City. The Contractor shall bind every subcontractor by tlae terms of the Contract
Documents.
For convenience of reference an.d facilitate fhe letting of contracts and subcontracts, the
Specifications are separated into titie sections. Such separations shall not, however, operate to
make the Engineer or City an arbiiez #o establish Iimits to the coniracts between the Contractor
and subcontractors.
9.13 WQRK DLTRING AN EMERGENCY
The Contractor shall perForm any woxk and shall furnish and install materials and equipment
necessary during an emergency endangering life or property. In all cases, he shall notify the
Engineer and City of the emergency as soon. as practicable, but he shali not wait fox insiructions
before proceeding to properly protect both life and property.
9.14 ORAL AGREEMENTS
No oral order, abjection, clazm or notice by any pai�ty to the others shall affect ar modify any of
the terms or obligations contained in any of fihe Contract Documents, and none of the pravisions
af the Contraci Documents shall be held to be waived or rnodified by reason af any act
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whatsoever, other than by a deiinitely agreed waiver� or modification thereof in writing, and na
evidence shall be introduced in any proceeding of any other waiver or modification.
9.15 NIGHT, SATURDAY AND/OR SUNDAY WORK
Saturday and Sunday wark wili be permitted with prior appraval from City. This clause shall not
pertain to crews organized to perform restoration work which needs no vei7fying inspection,
maintenance work on equipment, or to operate and maintain special equipment such as
dewatering pumps which may be required to work 24 hours per day.
9.16 UNAUT�IORIZED WOIZK
Work done without lines and grades having been established, work done without proper
inspection, or any changes made or extra work done without written authority will be done at the
Contr•actor's risk and wili be considered unauthorized, and, at the option of the City, may not be
measured and paid for.
9.17 USE OF COMPLETED PORTIONS OF TH� WORK
The City shaIl have ihe right to use, occupy, ar place into operation any portion of the Work that
has been completed sufficiently to petmit safe use, occupancy, or aperation, as determined by the
Engineer. If such use, occupancy, or aperafion increases the cast of or delays the Work, the
Coniractor shall be entitled to extra compensation, or an extension of time, or both, as
determined by the Fngineer. However, if Contractor has failed to complete the VVork in
accordance with the time requirements of the Agreement, no compensation (including set-offs ta
liquidated damages) shall be allowed for such use or occupancy.
9.18 CONTRACTOR'S RESP4N5IBILITY FOR WORK
Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor,
and he shall take every necessary precaution against injury or damage to the Work by the action
of ihe elements or from any other cause whatsoever, whether arising from the execution or from
the non-execution af the Work. The Contractor shall rebuild, repair, restore and make good,
without additional conipensation, all injury or damage to any portioii oi the Work occasioned by
any cause, other than the sole and active negligence of the Cify, before its conipletian and
acceptance.
10.0 MEASUREMENT AND PAYMENT
10.1 DETAILED BREAKDOWN OF CONTRACT
Except in cases where unit prices form the basis for payment under the Coniract, the Contractor
shall submit a complete breakdown of the contract amount showing the value assigned to each
part of the Work, including an allowance for proft and overhead within tezl (10} days of the
execution of the Contract by the parties. Upon approval of the breakdown of the contract amount
by the Engineer and the City, it shall be used as the basis for all requests for payment.
l �.2 R.�QLJEST F4R PAYMENT
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Constiuckion Services Agreement
The Contractor may submit to the City not mor•e than once each month a request for payznent for
work completed. Where applicable, the Contractar may choose to submit a request for payment
at the substantial completion of each work order. The Ciry znay elect to provide its own form far
the Contractar to submit progress payment requests. The standard forrn provided by the City, or a
form presented by the Contractor having received prior approval from the City, can be used for
the submittat of a progress payme�it.
The Contractar shall furnish the Engineer and the City alI reasonable faciiities required far
obtaining the necessary information relative to the progress and execution of the Work. In
addition to each month's in�c�oice, an updated project scheduie shall be submitted.
�ach request for payment shall be computed from the woxk completed to date on all items listed
in the detailed breakdown of the contract amount less previous paynnents and back charges.
Progress payments on account of Unit Price Work wiil be based an the number of units
completed at the time the payment request was dated by the Contractor. If payment is requested
on the basis of materials and equipment not incorporated in the project but delivered and suitably
stored at the site or at another loca#ion agreed to in writing, the payment request sha11 also be
aecompanied by a bili of sale, invoice or other documentation warranty that the City has reoeived
the materials and equipment free and clear of all tiens, charges, security interests and
encumbrances, a11 of which shall be satisfactory to the City. Na payments shall be made for
materials stored on site without approvai of the City.
An amount of 10°l0 of each monthly pay request shall be retained until final completion and
written acceptance of the Wark by the City. Payment of t�e retainage shall be included in the
Contractor's final pay request in accardance with Paragraph 1 Q.14. Any deviation in the release
or partial release of the 10% retainage shall be at the sole discretion of the City, but in no case
earlier than completion of the Engineer's "punch list inspection".
Any request for payinent shall be accompanied by claim releases for work done or materials
furnished in accardance with Paragraph 10.13.
Prior to submission of any request for payment by the Contractor, the Engineer shall review the
request for payment to determine ihe fallowing:
(a) That the work cavered by the request for payrrtent has been completed in
accordance with the intent of the Plans and Speeifications.
(b) That the quantities af work haee been completed as stated in the request for
pay�Zent, whether for a unit price contract or for paymcnt on a lump-sum contract.
10.3 CITY'S ACTION ON A REQUEST FOR PAYMENT
Within thirty (30) days from the date of receipt of a request for payment the Czty shall do one of
ihe following:
{a) Appxave and pay the request foz• payxnent as submitted.
(b) Approve and pay such other amounf of the request far payment in accordance
with Paragraph 10.4 as the City shall decide is due the Contractar, informing
the Contractor in writing of the reasons for paying the amended amount.
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(c) I�isapprove the request far payment in accordance with Paragraph 10.4 informing
the Contractor in writing of the reasons for withliolding payment.
10.4 CITY'S RIGHT TO WITHHOLD PAYMENT Or A REQUEST Ft?R PI-�.YMENT
The City may withhold payment in whole oz in part on a request for payment to the extent
necessary for any of the following reasons:
(a) Work noi performed but included in the request for payrnent, or the contract Price
has been reduced by written cliange axder.
(b} Work covered by the request for payment which is not in accordance witta the
Plans, Specifications and generally accepted construction practices, including if,
in the opinion of the City, there is suf�icient evidence that the Worlc has nat been
satisfactorily completed, or based upon tests and/or inspections the work is
defective or has been damaged requiring correction or replacement .
(c} In the event of a iiling of a claim or lien, or information received by City of a
potential filing of a claim or Iien against the Contractor or City,
(d) Failure of the Contractor to make payments to subcontractors, material suppliexs
or labor.
(e) Damage to anather contracior.
(f} The City has had to correct a defect in the Work, or there are other items entitling
the City to a set-off against the amount recoinmended.
(g) Default of any of the provisions of the Contract Documents.
10.5 PAYlVIENT FOR UNCORRECT'ED WORK
Should the City direct, in writing, the Cantractor not to correct work that has been damaged or
that was not performed in accordance with the Contract Documents, an equitable deductian from
the contract amount shall be made to compensate the City for the uncarrected wark.
10.6 PAYMENT FOR REJECTED WORK AND MATERIALS
The removal of work and materials rejected under Paragraph 5.3 and the re-execution of work by
the Contractor shall be at the expense of the Contractor and the Cantraetor shall pay the cost of
replacing the destrayed or damaged work of other contractors by the removal of the rejected
work or materials and the subsequent re-execution of that work. In the event that City incurs
expenses related thereto, Contractor shall pay for the sa�ne within thirty (30) days after written
natice to pay is given by the City. If the Contractar does not pay ihe expanses of such removal,
after ten (10) days written notice being given by the City of its intent to sell the rnaterials, the
City may sell the materials and shail pay to the Contractor the net proceeds therefrom after
deducting all the costs and expenses that are incu��ed by the City.
If the proceeds do not cover the expenses incurred by the City, such additional amounts may be
set-off against any payments due Cont�actor.
10.7 CHANGES IN THE WORK
A. Chan�e Orders
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Consiruction Services Agreement
If conditions require a change in the scope of work or additional work varying from the original
PIans or Specifications, such change shali be effecfied by the Contractar when the City issues a
wxitten Change Order. The Change Order shall set foith in complete detai! fhe nature of the
change, the change in the compensation to be pazd the Contractor and whether it is an addition or
a reduction of the oi7ginal total contraet eost. Should additionat ar supplemental drawings be
required, they will be furnished by the �ngineer.
Campensation to be paid to the Cantractor for accomplishing the work of a Change Order shall
be establzshed in one of the follawing ways;
(a) By lurnp sum proposed by the Contractor and accepted by the City.
(b) By unit prices established and agreed to.
(c) By utiit prices established for additional kinds of work.
(d) By other methods as may be mutually agreed upon.
(e) By force account wherein the Contractor prouides the Iabor and materials at
Contractor's direct cost plus 15% for overhead and profit. When the force account method is
used, the Contractor shall pxovide fiill and complete records of all costs for review by the City.
B. Claims
Claims arising from changes ar revisions made by the Contractor at the City's request shall be
presented to the City before wark starts on the changes or revisions. If the Contractor deems that
extra compensation is due for work not covered herein, or in Supplemental Agreement, the
Contractor sha11 no�ify the City in writing of its intention to make claim for extra compensation
before work begins on which #he claim is based. If such notification is not given and the City is
not afforded by the Contractor a method acceptable to the City for keeping strict account of
actual cost, then the Contractor hereby waives its request for such extra compensation. The City
is not obIigated to pay the Contractor if the City is not notified as described above. The
Contractor may refuse to perform additional wark requested by the City until an appropriate
agreement is executed by the parties. Such notice by the Contractor and the fact that the City has
kept account o�the costs as aforesaid shall not in any way be construed as proving the validity oi
the ctaim. .
10.8 CANCELED ITEMS OF WORK
The City shall have the right to cancel those partions of the contract relating to the constructiou
of any item provided therein. Such cancellation, when ordered by tl�e City in writing, shall entitle
the Contractor to the payment of a fair and equitable amount covering all costs in.curred by him
pertaining to the canceled items before the date of cancellation ar suspension of the Work. The
Contractor shall be allowed a prafit percentage on #he materials used and on construction work
actually done, at the sarne i�ates as provided for "Changes in the Work", bnt na allowance will be
made for anticipated profits. Acceptahle materials ordered by the Conh•actor ox delivered on fhe
site before ihe date of such cancellation or suspension shall be purchased fi•om the Con�racto�� by
the City at actual cost and shall thereupon became the property of the City.
109 PAYMENT FOR WORK SUSPENDED BY THF CITY
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If the Work oz any part thereof shall be suspended by the City as provided in Paragraph 93, the
Contractor will then be entitled to payment for all work done except as provided in Paragraph
9.3.
10.10 PAYMENT FOR WORK BY THE CITY
The cost of the wark performed by the City remo�ving construction materials, equiprnent, taols
and supplies in accardance with Paragraph 5.� and in cor�•ecting deficzencies in accordance wifh
Paragraph 9.8 shall be paid by #he Contractor.
IQ11 PAYMENT FOR WORK BY CITYFOLLOWING TERMINATION OF CONTRACT
A. Termination bv City for Cause
Upon termination of the contract by the City for cause, including abandonment or termination by
Contractor, the City may enter into an agreement with others for the completion o1� tl�e Work
under this Agreement and the Contractor shall be held harmless for the work of others. No
fiuther payrnents shall ba due the Contcactor until #he Work is completed and accepted by the
City. If the unpaid balance of the contract amount shall exceed the cost of completing the Work
including a11 overhead costs, Contractor shall be paid u� to the amount af the excess balance on a
quantum meruit basis for the work done prior to termination. If the cost of completing the Wtirk
shall exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City.
The cost ineurred by the City as herein provided shall include the cost of tbe replacement
contractor and other eY�enses incurred by the City thraugh the Contractor's default. In either
event, all wark done, traciugs, plans, specifications, maps, camputer programs and data prepared
by the Contractar under this Agreemant sliall be cansidered property of the City.
B. Termination by Citv Without Cause
In the event the City without cause abandons, terminates or suspends this Agreement, the
Contractor shall be compensated for services rendered up ta the time of such terinination on a
quantum rneruit basis and any work done or documents generated by ihe Confractor sha11 remain
the property of the City.
10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITIT
The Contract will be considered complete when all work has been finished, the final construction
review is made by the Engineer, and the project accepied in writing by the City.
10.13 RELEASE OF CLAIMS (INTERIM/FINAL)
The Contractor shall deliver, with each request for payment, a completed Affidavit and Release
of Ciaim on a form suppIied by the City. Also, from each supplier or subcontractor who has
notified the City of his right to file a Claiin {Notice to City) ar who is listed in the Contractor's
Affidavit and Release of Claim as an unpaid, potential Ctaimant, a Claimant's Sworn S#atement
of Account, executed by the supplier or subcontractor, must be attached to each request far
payment.
If tfie completed farcns are not supplied with the request for payment, tl�e City will notify
Contractor of the outstanding claims of record and, if said completed form(s) are not supplied
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within thiriy (30) days, the City shall make joint payments to the Contractor and outstanding
claimants.
1014 ACCEPTANCE AND FINAL PAYMENT
When it is determined, as a resutt of a joint inspection af the Woxk by the Contractor, City, and
Engineer that the Wortc has been eom�leted in accordance with the terms of the Cflntract
Doeuments, ihe Engineer shall certify campletion of th:e Work to the City. At that time, the
Contractor may submit the Contractor's finfal request for payment. The Contractor's final request
for payment sha11 be the contract amount plus all appraved written additions less ail approved
written deductions and less previous payments made. As a condition for F'inal payment, a
Contractor's Fina1 Affidavit must be received by the City along with his Fina1 Payment Request
and any as-built drawings which rnay be required. The Contractor shall furnish full and final
releases of Claim fox labor, materials and equipment inciured in connection with the Worlc,
faltawing which the City will reiea�e the Contractor except as to the conditions of the
perforn�.ance bond, any legal righ#s of the City, required guarantees and satisfaction of a11
warraniy work, and shall authorize payment of the Gontractor's final request for payment.
10.15 SATISFACTTON OF WARRANTY WORK AFTER FINAL PAYMBNT
The making of the fnal payment by the City to the Contractor shall not relieve the Contractor of
responsibil'rty for faulty xnaterials or workmanship. The City shall promptly give notice of faulty
materials and workxnanship and the Contractor shail pramptly replace any such defects
discovered within one { 1) year from the date af final written acceptance of the 't�ork by the City.
11.0 PUBLIC CONTRA.CT REQUIREMENTS
1 l.l COVENANT' AGATNST CdNTINGENT FEES
The Contractor warrants that he has not emplayed or retained any company or person, ather than
a bona fide employee warking salely for the Contractor, to solicit or secure this Agreement and
that he has not paid or agreed to pay any person, campany, corporatian, individual or firm, other
than a bona fide employee working soleiy for the Contractor, any fee, commission, percentage,
gift or any otl�er consideration contizagent upon or resulting from the award or making of ihis
Agreement. For the breach or violation of this paragraph, the City shall have the right to
tenninate the tlgreement without liability and, at its discretion, deduct from the Agreement price,
or otherwise recover, the full amount of such fee, commission, pereentage, gift or consideration.
112 INTEREST OF MEMBERS OI' CITY AND OTHERS
No offic�ers, Znembers ar employees of the City and no member of its governing body, and no
other public afficial of the governing body of the loca.lity or lacalities in which services for the
facilities are situated ar carried out, who exercises any functions or respot�sibilities in the review
or approval of the undertaking ox canying out of this projeet, shall participate in any decision
relating ta this Agreement which affects his personal interes#, or have any personal or pecuniazy
interest, direct or indirect, in this Agreement or the proceeds thereof.
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11.3 CERTIFICATION �F RESTRICTTONS ON LOBBYING
The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on
behalf of the Contractor to any person for infiuencing or attempting to influence any officer or
employee of any Federal agency, a member of Congress, an officer or employee of Congress or
an employee of a member of Congress in connection with the awarding of any Federal contract,
the making of any Federat Grant, the making of any Federal loan, the entering into of any
cooperative agreement and the extension, continuation, renewal, amendment or modification of
any I'ederat contract, Grant, loan or cooperative agreement.
If any funds other than Federal appropriated funds have been pai.d by the Contractox to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a
member of Congress, an officer or employee of Congress ar an employee of a member of
Congress in connection with any FDOT Joint Participation Agreement, the undexsigned shall
complete and snbmit Standard Form- "Disclosure Form to Repoi�t Lobbying" in accordance with
its instructions.
11.4 INTEREST OF CONTRACTOR
The Contractor covenants that he presently has no interest and shall not acquire any interest,
direct or indirect, which shall conflict in any manner or degree with the performance af services
required to be perfarmed under ihis Agreement. The Cantractor further covenants that in the
performance of this Agreement, no person having any such interest shall be employed. The
Contractor shall not undertake any professional work which conflicts with his duties as tlie City's
Contractor without the prior written consent of the City during fhe term of this Agreement. Any
work where the Contraetor can reasonably anticipate that it may be called to testify as a witness
against the City in any litigation or administrative proceeding wi11 constitute a conflict of interest
under this Agreement.
11.5 PUBLIC ENTITY CRIMES
The Contractor shall file the attached sworn statement which is entitled PUBLIC ENTITY
CRIMES, stating whether a persan or af�liate as defined in Section 287.133 (1) Florida Statutes,
has been convicted of a public entity crime subsequent to July l, 1989, in accordance with the
provisions of said statute.
1 i .6 DRUG-FREE WORKPLACE
The Agreement documents also eonsist of the "Drug-Free Workplace Form" which is in
accordance with Florida Statute 287.089 and must be signed and instituted.
11.7 CQMPLIANCE WITH LAWS
Contractor sha.11 comply with all applicable federal laws that in any way regulate or impact the
Work, including, but not limited to, The Clean Air Act (42 USC §7506(c}), The Endangexed
Species Act (16 USC §1531, et seq.), Executive Order No. 11593, Executive Order Na. 11988,
Executive Order No. 11990, The Fish and WildIife Caordination Act (PL 85-624), The Safe
Water Drinking Act Section 1424(e} (PL 93-523, As amended), The Wild and Sceiiic Rivers Act
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Sebastian Municipal Airport
3-34
(PL 90-542, as annended), The Demonstration Cities and Metropolitan Develapment Act af 1966
(PL 89-754), Section 30b of The Clean �ir Act, Section 508 of The Clean Water Act, Executive
Order No. 11738, The Civil Rights Act of 1964 (PL 88-352), The Age Discrimination Act (PL
94-135}, Section 13 of The Federal Water Pollution Control t�ct (PL 92-500), Executive Order
No. 11246, Executive Order No. 11625, Executive Order No. 12138, Executive Order No.
12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and Health Act and
applicable regulations, and the Americans with Disabilities Act (I'L 101-336).
11.8 INSURANCE
The Contractor agrees to carry insurance, of the types and subject ta the limits as sef forth below
and maintain said insurance during the life of this agreement:
(a) Workers' Compensation - Contractor sha11 purchase workers' compensation
insurance as required by law.
(b) Commercial General Liabiliiv - Cont��actor sha11 purchase Commercial General
Liability insurance with a combined single limit of at least $1,000,000.
(c} Commercial Auto Liabilitv - Contractor shall purchase Commercial Auto Liability
insurance with a combined single limit of at least $1,000,000.
Further, Cantractar shall maintain such insurance as is reasonably required to satisfy its
obligations under Paragraph 9.18 %r the Work paid for by the City but not yet accep#ed.
The insurance cornpany selected shall be A+ or better per the Best's Key Rating Guide. The
Contraetor and the insurance company(s) sha11 agree to furnish the City thirty (30) days written
notice of their intent to cancei or. terminate said insurance. It is the full responsibility of the
contractor to insure that a11 sub-contractors liave full insurance coverage as stated above.
Tlie Confiractor shall not commence the Work under this contract until he has obtained all the
insurance required under this paragraph and certificates of such insurance have been submitted to
the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract
until all insurance required has been so obtained and approved by the City. The Cont�actox shall
carry and maintain until acceptance of ihe Work, insurance as speciiied herein and in such form
as shall proteci him and any subcontraetar performing work under this Contract, or the City, from
all claims and liability for damages far badily injury, including accidental death, under fihis
Contract, whether by himself or by any subcontractor or by any one directly or indirectly
employed by either of them.
The Contractor shall furnish to the City certificates of insurance in dupiicate showing pxoaf of
insurance, naming the City and the Engineer as an additianai insured party, prior to tlie start of
construction as provided in the Contract.
11.9 BOND
The Contractor shall provide Bonds in the form prescribed by State Law, and genei•ally as shown
in these Doeuments, for Performance and Payment, each in the amount of 100% of the t�tai
contract amount.
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Construction Services Agreement
11.10 PERMITS
All City and St. John's River Water Management District permits and ather permits necessary for
the prosecution of the Work shall be secured by the City, except for the following
permits/approvals that the contractor shall secure: Cantractor's licenses and registrations,
SJRWMD Consuznptive Use Pennit for construction de-watering activities, F.D.E.P. N.O.T to
use Generic Permit for the Discharge of Produced Graundwater from any Nan-Cantanunated Site
Activity, and any building permit's required by the City's Building Of%cial.
11.11 LAWS TO BE OBSERVED
The Contractor shall give all notices and comply with all federal, state and local laws,
ordinances, pernut requirements and regulatia�ls in any manner affecting the conduct of the
Work, and ail such orders and decrees as enacted by bodies or tribunals having any jurisdiction or
authority over the Work, and shall indemnify and save harmless the City and Engineer agaiust
any e�ense, claim or liability arising fram, or based on, the violation of any such law, ordinance,
regulatian, permit requirements, order or decree, �vhether by himself or his ernployees. The
failure of the Cantractor to adhere to any known law or regulation pertainulg to furnishing
services under this Agreement shall constitute a material breach o£this Agreement.
The Confractor shall keep himself fully informed af all existing and pending state and national
laws and xnunicipal ordinances and regulations in any manner affec�ing those engaged or
employed in the Work, or in any wa� afFeeting the conduct of tribunals having any jurisdiction or
authority over the same. If any discrepancy or inconsistency is discovered in the Plans,
Specifications, or Contract for this work in relation to any such law, ordinance, regulations, order
or decree, he shall forthwith report the same to ti�e Engineer and Ciiy in writing, He shail at all
ti�ries himself observe and comply with and cause all his agents, subcontractors and employees to
observe and comply with decrees; and shall protect and indemnify the City and Engineer, their
afficers, employees and agents against any expense, claim or liability arising from or based upon
violation of any such lav�T, ordinance, regulations, orders or decree, whether by himself or his
employees.
All building construction work alterations, repairs ar mechanicat installations and appliances
connected therewith shall camply with the applicable building rules and regulations, restrictions
and reservations of record, local ordinances and such other statutory provisions pertaining to this
class of work.
12.d MISCELLANEOUS
12.1 ADDRESSES FOR NOTICES
All notices given under or in connection with any of the Contract Documenfs shall be delivered
in person or by telegraph or registered or certifed mail to the parties at the address as either party
may by notice designate.
12.2 WRITTEN NOTICE
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Construction Services Agreement
Written notice shall be considex•ed as served when delivered to the designated repxesentative af
the Contractor and receipt acknowledged or sent by registered mail to the individual, firm, or
corporafion to the business address stated in Bid Proposal.
Change of Address: It shall be the duty of each party to advise the other parties to the Contract as
to any changes in his business address until completion of the Contract.
12.3 TAX�S
Contractor shall pay all sales or other t�es of any rype which may be incurred in connection with
the Work hereunder, and shail reimburse the City for any such taxes paid by the City.
12.4 TIME IS OF VITAL IMPORT�NCE
It is agreed and understood that time is of vital impartance with respect to the completion date for
the Work and a11 other provisions of the Contract Docttments.
12.5 NO WANER OF LEGAL RIGHTS
Neither the payment for, nor acceptance of the whole or any part of the Work by the City ar
xepresentatives of the Cify, i�ar any extension of time, nor the withholding of payments, nor any
possession taken by the City, nor the termination of employment of the Contractor shall operate
as a waiver of any portion of the Contract ar any power therein reserved or any right therein
reserved or any right thexein provided, nar shall the waiver by the Ciry of any af the Contractor's
obligations or duties under this Agreement constitute a waiver af any other obligation or duty of
the Contractor under this Agreement.
12.6 RIGHT TO WORK PRODUCT
No reports, data, programs or other material produced in whole or in part under this Agreement
shall be subject to copyright by the Cantractor, in the IJnited States or in any other country. The
Ciiy or its assigns shall have the unrestricted aukhority to publish, disclose, disfribute and
otherwise use, in wl�ole or in part, any reports, data, programs or ather material prepared under
this Agreement. All tracings, plans, specifications, maps, computer programs and data prepared
or obtained under this Agreement shall remain the property of the City. Any use of any plans and
specifications by the City except the use reasonably contempiated by the City at the time fhe City
entered this Agreement will be at the City's risk and Contractar, its o£ficers, directors and
employees, will be held harmless from such use.
12.7 HOLD HARMLESS
Contractor agrees to hold harmless the Ciiy of Sebastian, the Sebastian Municipal Airport, and its
employees/officers/officials froxn all claims related to this agreement.
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Construction Services Agreement
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day
and year first above written.
A T:
Sally A. o, City Clerk
MMC
(SEAL)
Cil�� �: .7.'y� /��I
City Ma�iager
Approved as to Form and Content for: Reliance by the City of Sebastian Only
�
Robert A. Ginsburg, City Attorney
--------------------------- CONTRACTC}R
Signed, sea.ied and delivered
in the presence of
NAME; ��.�.�:�.�i.-`-w---
Mike VanWormer
Contract Manaaer
NAME. _�
Kel y J S inner
CFO
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Hi-Lite Ma ings, Inc.
\\���� � � � � � � � �,,,,��
`���� e N1�rkir� ''%.
By: �. �'�..•••p0����-si�'�.
R ' .
; S:'�� ��"'�� ;
N�e: Rhonda M. McNeely SEAL `���� =
- 1990 -
Title: vice President/Sales � . � �
�� ''��VYO��.�� `.\:
.
,'//,�������i i i i*i i � ��������\\\`�
Consriuction Services Agreement
SE� �
MUNICIPAL AIFPORT
Attachment No. 5 Bid Schedule
RUNWAY MARKINGS
�tem' Spac.'No. Item Description Quantity , Unit Unit Prke Amount
No. , _- _
1 01000 Mobilizatfon 1 LS �„S� e�� 5� ��
2 01530 Maintenance of Air Operatbns Area 1 LS ���; �'� �� ,��
3 L-111 Provide Two (2) Lighted Portable Runway Closure Markers 10 DAYS �rn�. "`� � ��, �
4 5-180 Pavement Marking Removal
5 P-620-1 Reflective Pavement Markings (White)
s P-820-2 Non-Refiective Pavement Markings (Black)
2,450 SF
35,300 SF
7,100 SF
f C
s �
r ..�/,
c+G
:�
All BIDDERS must submit bid prices for the Base Bid shown above.
77�e undersigned, having become thoroughly familiar wiih ell of the .Agmement & Bidding Documents incorporated herein, the project location and the site conditions, and the time schedule
affecting the wark, heroby proposes to perfomi everylhing required to be performed in slrict conformity with Ihe requirements of these dxwnents, end to provide and fiunish all the supervision,
labor, equipment, materials and rools necesssry to provide the coustnwtion services meeting or exceeding the specifications es set forth herein for the prices qnoted ebove. The price(s) quoted is
(are) inclusive ofany Addenda which
may ba issned.
The City reserves the rigUt to award the Work based on the lowesl price bid, p�oviding that tLe Bidder is bodi responsible and responsive.
By the signature below, tUe Contractor agrees that this Bid Proposal is made without any other nnderstanding, agreement, or conneclion with any aher person, coiporetion, or 6mi sabmining a
bid for the same puryose and that the bid is in all nspects fair and without collusion or fraud. lf awarded this bid, the Contracror egrees lo entar into a contract wifh the City of Sebastian within ten
(! 0) consecative calendar days of Notica of Award by the City, and agrees to al l the terms and
conditions ofall docmnents stated herein for the above atipnlated prices which shall remain finn Cor One Hundred nnd Fifry (150) days following bid opening date. Failure to execute the
Contracf as atipulate� above mey result in the forfeiture of the Bid Bond in its enfirety.
The Quantities indiceted on this Bid ere estimated and shal( only be used for the Purpose of Bid Evalnation and Award. The estiroared Bid Quantities do not constihite a guarantee of work.l'Ite
Conhactor agrees that tLe prices quoted on this bid have taken into consideration that the Actual Quantitics of work may exceed or may be lower then the Quanfities indicated on this Bid.
CONTRAC'IOR WARRANTS TOTAL CONTRACT COMPLETION TIME SHA[.L NOT EXCEED DAYS INDICATED 1N THE PROJECT SPECIFICAT[ONS.
7he undersigned acknowledges that it has included with its Hid the required Bid Security for not less thnn five percent (5%)
of the tota! amounf of its Proposal.
Addenda
It is agreed that the undersigned has received all addenda complete as issued by the Owner and that related wsts are included in the proposal submitted. 'fhe undersigned acknowledges recept of
said addenda as follows:
Addendum # 1 dated 8� 17 � 2 � 12
2 8 20 2012
Addendum# dated � �
Addendum S dated "
n.i—Li�c ricitnl.iiy�—�ri�,
Firm Name aqd Address
18249 Hi-Lite Drive
Adams Center, NY 13606
2-11.1
Rhonda M. McNeely
Printed Name
Vice President/Sales
Tifle
315 583-6111
Phone Number
8/27/2012
Date Slgned