HomeMy WebLinkAboutContract - 1MY at
SEBASRAN
HOME Of PELICAN ISLAND
CERTIFICATE OF PROJECT COMPLETION
Date Accepted: 2/25/15
Project Name & #: STREET REPAVING A1433
Total Project Expenditures: $104.116.80
Project Location: ENGLAR DRIVE — BRIDGE TO EAST OF GEORGE
Contractor: TIMOTHY ROSE CONTRACTING
Contract Amount: $103.888.00
Pursuant to the above captioned contract and in compliance of same, we the undersigned do hereby certify that this project
is complete.
Issuance of this certificate releases the contractor from any further responsibility except as stipulated in the contract as is
relates to bond performance, payment of subcontractors, release or liens, maintenance and indemnity. All contractual
obligations as to warranty, insurance, indemnification and patents, shall remain in full effect for the contractually
stipulated period of time. In no way does the issuing of this certificate release the Contractor from all legal obligations as
stipulated in Chapter 713 of the Florida Statutes.
Therefore, having reviewed the contract and inspected the work, the undersigned to hereby accept the segment as being
complete.
Project Manager
City Manager ��
City Atyffi
City Clerk
Date
Date /
Date
Date
i�
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7-a7-rs
Date
8a i�
Date
�i e.—14CQ.M e cQ LF —
Nancy Veidt
From: Sally Maio
Sent: Wednesday, July 22, 2015 10:07 AM
To: Frank Watanabe; Kenneth Killgore; Nancy Veidt; Tim Walker
Cc: Joseph Griffin; Jeanette Williams; Jean Tarbell; Linda Kinchen
Subject: Asphalt Recycling Inc - Englar Drive Contract
I received a certificate of liability insurance dated 7/16/2015 from the City Manager's office for Asphalt
Recycling Inc. The only contract we currently have with them is for the Englar Drive project. That contract in
Laserfiche is dated May 2013. 1 assume that project contract is completed, however, we have never received a
notice of completion form that would trigger us to move that contract to terminated contracts and start retention
on it.
Can one of you please determine the status of the project and send me notification so we can properly retain
the contract file?
Thanks.
Sally
Sally A. Maio, MMC
City Clerk
City of Sebastian, FL 32958
(772) 388-8214
smaidO-cityofsebastian. orq
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5
ESA�P-�
HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM
Council Meeting Date: August 13, 2014
Agenda Item Title: Englar Drive Paving
Recommendation: Staff recommends Council award the bid for the Englar
Drive Paving Project to Timothy Rose Contracting and
authorizes the City Manager to execute a contract for
construction services with Timothy Rose Contracting in
the amount of $103,888.
Background_: The Public Works Department solicited sealed bids for
the paving of Englar Drive from Schumann to the Bridge,
just east of George Street. Bids were opened on July
22, 2014 and Timothy Rose Contracting was the low
bidder.
If Agenda Item Requires Expenditure of Funds:
Total Cost: $103,888
Amount Budgeted in Current FY: $75,000 from Local Option Gas Tax.
Amount of Appropriation Required: $28,888.00
Fund(s) to Be Utilized for Appropriation: $19,739 from DST
$9,149 from Local Option Gas Tax.
Administrative Services Department Review:
Attachments: Bid Tabulation and Timothy Rose Contracting Bid Proposal
City Manager Authorizatio
Date: 06 August 2014
1
BIDDERS
Bid 14-07
CITY OF SEBASTIAN BID SUBMITTAL MEETING
ENGALR DRIVE PAVEMENT OVERLAY
JULY 22, 2094 ar_ 2:00 P.M.
LOCATION- THE CITY OF SEBASTIAN
9225 MAIN STREET, SEBASTIAN, FLORIDA 32958
a
°
X
X
X
X
X
X
W
F"
Sunshine Land Design, Inc., Stuart, FL
$156,000.75
z
Q
X
X
LL
v
z
X
Ranger Construction Industries, Inc., Winter
Garden, FL
(L
ca
.32
X
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BID Amount a0
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z
X
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Tim Rose Contracting, Vero Beach, FL
$103,888.00
X
X
X
X
X
X
X
Sunshine Land Design, Inc., Stuart, FL
$156,000.75
X
X
X
X
X
X
Ranger Construction Industries, Inc., Winter
Garden, FL
$1610 594.500
X
X
X
X
X
X
Community Asphalt Corp., Vero Beach, FL
$126.,701.355
X
X
X
X
X
X
X
FAV
e
"2014 SEBASTIAN ENGLAR DRIVE PAVEMENT OVERLAY"
Bid Due: No Later Than 2:00 P.M. on July 22, 2014
Bid Opening: Beginning at 2:00 P.M. on July 22, 2014
BID PROPOSAL PRICE FORM
The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein
and having attended a Pre -Bid Conference / Meeting, hereby proposes to perform everything required to be
performed in strict conformity with the requirements of these documents, meeting or exceeding the
specifications as set forth herein for the price(s) quoted below. The price(s) quoted is (are) inclusive of any
Addenda which may have been issued prior to this submittal.
By the signature below, the Vendor agrees that this Bid Proposal is made without any other understanding,
agreement, or connection with any person, corporation, or fine submitting a bid for the same purpose and that
the bid is in all respects fair and without collusion or fraud.'If awarded any work under this bid proposal, the
Vendor agrees to enter into said agreement within ten (10) consecutive calendar days notice by the City, and
agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the below
stipulated price which shall remain firm for sixty (60) -days following bid opening date.
The City shall be entitled to liquidated damages in the amount of one hundred Dollars ($100.00) per day
for every day that the Contractor is late in completing the work as stipulated in the agreement, and bidding
documents. Said damages shall be -deducted by the City from monies due Contractor.
The contract time is 90 consecutive calendar days from start of work date.
The Bid Items on the Project will be authorized for construction at the discretion of the City of Sebastian.
BID ITEMS — GENERAL
QUANTITY
$/UNIT
COST
1.
Remove grass Pavement Edge
_4,100
LF
+ 8 3 dC- /LF
3
2.
Chemical treatment weeds/grass
1
LS
qJji/LS
3.
Pot hole repairs
140
TON
1q0.` /TON
40--
4.
Pavement Grinding
915
LF
(n,`'`' /LF
'S4 11O.L.-
5.
Asphalt Overlay/Leveling
735
TON
l 1 g .`" /TON
&e —
6.
MOT/Striping
1
LS
b —/LS
Name of Firm (Please Type or
Firm's Address:
�aZs64-M(
Telephone Number(s): Fax Number(s):
rR,-),, . �� I A.Lln+
Name and Title of A thorized Rep tative (Please Type or Print)
<�;I� -1 - a -_ t -4
ignature of Authorizedepresentahve Date Signed
A-9
Total Bid , QQ
AddressEmail
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arc OF
SEs
HOME OF PEUGIN ISLAND
CERTIFICATE OF PROJECT COMPLETION
Date Accepted: 4/25/15
Project Name & #: 2014 STREET PAVING A 1433
Total Project Expenditures: $104,166.80
Project Location: ENGLAR DRIVE
Contractor: TIMOTHY ROSE CONSTRUCTION
Contract Amount: $103,888.00
Pursuant to the above captioned contract and in compliance of same, we the undersigned do hereby certify that this project
is complete.
Issuance of this certificate releases the contractor from any further responsibility except as stipulated in the contract as is
relates to bond performance, payment of subcontractors, release or liens, maintenance and indemnity. All contractual
obligations as to warranty, insurance, indemnification and patents, shall remain in full effect for the contractually
stipulated period of time. In no way does the issuing of this certificate release the Contractor from all legal obligations as
stipulated in Chapter 713 of the Florida Statutes.
Therefore, having reviewed the contract and inspected the work, the undersigned to hereby accept the segment as being
complete.
D
Project Manager
Date
Nle
Building O I Lal Date
-I,JA
Ad tiv rd s Ire Date
�
�
Pu lic Works Director ate
City Manager n
F//dd"R�i�'
City Clerk
Date
s--�3
Date
S/g/l
Date
TOTAL BUDGET:
$ 75,000.00
CHECK
FY 14 FY 15
DATE #
PO# DESCRIPTION
VENDOR
AMOUNT AMOUNT
TOTALS
06/20/14 Am Ex
Notice of Invitation - Engler Dr
Scripps -Treasure coast
228.80
228.80
02/25/15 89654
7398 Paving of Engler Drive
Timothy Rose Contracting
103,888.00
103,888.00
0.00
0.00
0.00
0.00
228.80 103,888.00 104,116.80
1 , ,
"2014 SEBASTIAN ENGLAR DRIVE PAVEMENT OVERLAY"
Bid Due: No Later Than 2:00 P.M. on July 22, 2014
Bid Opening: Beginning at 2:00 P.M. on July 22, 2014
BID PROPOSAL PRICE FORM
The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein
and having attended a Pre -Bid Conference / Meeting, hereby proposes to perform everything required to be
performed in strict conformity with the requirements of these documents, meeting or exceeding the
specifications as set forth herein for the price(s) quoted below. The price(s) quoted is (are) inclusive of any
Addenda which may have been issued prior to this submittal.
By the signature below, the Vendor agrees that this Bid Proposal is made without any other understanding,
agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose and that
the bid is in all respects fair and without collusion or fraud. If awarded any work under this bid proposal, the
Vendor agrees to enter into said agreement within ten (l 0) consecutive calendar days notice by the City, and
agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the below
stipulated price which shall remain firm for sixty (60) days following bid opening date.
The City shall be entitled to liquidated damages in the amount of one hundred Dollars ($100.00) perday
for every day that the Contractor is late in completing the work as stipulated in the agreement, and bidding
documents. Said damages shall be deducted by the City from monies due Contractor.
The contract time is 90 consecutive calendar da -vs from start of work date.
The Bid Items on the Project will be authorized for construction at the discretion of the City of Sebastian.
BID ITEMS — GENERAL
QUANTITY
$/UNIT
COST
1.
Remove grass Pavement Edge
_4,100
LF
+ 8-S 4= ALF
3 g03 ,
2.
Chemical treatment weeds/grass
_1
LS
y B5 ` /LS,
-
3.
Pot hole repairs
_140
TON
IqO,— /TON
1 �} O • -
4.
Pavement Grinding
_915
LF
(o`/LF
5.
Asphalt Overlay/Leveling
_735
TON
t 1.9 .L /TON&a
`"ito -
6.
MOT/Striping
_I
LS
7(LE -/LS
—'
Total Bid
, R�, 00
Name of Firm (Please Type or
Firm's Address:
r
z s�e4 --] 3 0 Q
Telephone Number(s):
Fax Number(s):
Name and Title of A thorized R tative
(Please Type or Print)
Signatures o Authorized trve
Vate Signed
A-9
A 4 SliqASTV�%City of Sebastian
.���.
1225 Main Street
Sebastian, FL 32958
- (772) 388-8228
HQME OF PELICAN ISLAND fax: (772) 388-8248
July 17, 2014
ADDENDUM NO.1
City of Sebastian
Englar Drive Pavement Overlay
The following will be considered as Addendum No.l to the bid documents and specifications for the
Englar Drive Pavement Overlay.
1. Are we to provide the quantities?
Response — Bid quantities were provided at the pre-bid meeting
2. If so will you be providing plans for the project so we can do a take -off`?
Response — No plans
3. I also don't see in the bid documents where it gives us a starting or end points for the
resurfacing.
Response — Project limits are from Englar Dr. bridge (Eastside) to Schumann Drive
4. Is there a specific detail for the pothole repairs that needs to be followed? There is nothing
listed in the technical specification.
Response — No details
5. In the pre bid meeting we were told that the striping would be Thermoplastic for the centerline
and stop bars, this roadway also has edge lines, are they to be included in the pricing?
Response — Edge line will be Optional item # 7 for lump sum 4" white line paint (not Thermo)
Please sign and return this Addendum No. 1 with the bid package due on July 22, 2014.
�k__ "7 -ZZ -1`4
Signatu Date
Page 1 of 1
!"'e,
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
/784Y -o-7- t-Z.oi�/
1. This sworn statement is submitted with Bid, Proposal or Agreement No. for
THE CITY OF SEBASTIAN.
2. This sworn statement is submitted by
(name of entitgubmitting sworn statement) `'hose business address is
3(pQ$W I�tXIC�WNcSbwtc, lQ�a YPld �Qlr�h >�% �2�110 Z and (if applicable) its
Federal Employer Identification (FEI 47 (If the entity has no FEIN,
include the Social Security Number of the individual signing this sworn
statement: �-- / emf=
3. My name is 1 I ,Vrj�'ZI7 m (please print name of individual
signing) and my relationship to the entity named above is
IRMO dewy'
4. I understand that a "public entity crime" as defined in Paragraph 287.133(I)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other
state or with the United States, including, but not limited to, any bid or Agreement for goods or
services to be provided to any public entity or an agency or political subdivision of any other state or
of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy,
or material misrepresentation.
5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of
guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or
nolo contendere.
I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
(1) A predecessor or successor of a person convicted of a public entity crime; or
(2) An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity crime.
The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate. The ownership by one person
of shares constituting a controlling interest in another person, or a pooling of equipment or income
among persons when not for fair market value under an arm's length agreement, shall be a prima facie
case that one person controls another person. A person who knowingly enters into a joint venture with
a person who has been convicted of a public entity crime in Florida during the preceding 36 months
shall be considered an affiliate.
A-!2
/00*� /o" ,
7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding Agreement and which bids or applies to bid on Agreements for the
provision of goods or services let by a public entity, or which otherwise transacts or applies to transact
business with a public entity. The term "person" includes those officers, directors, executives,
partners, shareholders, employees, members, and agents who are active in management of an entity.
Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. (Please indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any officers, directors, executives,
prne,
shareholders, employees, members, or agents who are active in management of the entity, nor
any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to
July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers, directors, executives,
partners, shareholders, employees, members or agents who are active in management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July 1, 1989, AND (Please indicate which additional statement applies.)
There has been a proceeding concerning the conviction before a hearing officer of the State
of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not
place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.)
The person or affiliate was placed on the convicted vendor list. There has been a subsequent
proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The
final order entered by the hearing officer determined that it was in the public interest to remove the
person or affiliate from the convicted vendor list. (Please attach a copy of the final order.)
The person or affiliate has not been placed on the convicted vendor list. (Please describe any
action taken by or pending with the Department o�eenergl Services.)
(Signature)
Date:
STATE OF FLORIDA
COUNTY OF
Th foregoing instrument was acknowledged before me this ?—Z— day of, 2014 by
PC,YL� (title) on behalf of
"�kNtp (name of partnership), a partnership. He/she is 2eersonally known to me or has
produced as identification and did ( ) did not .(.)-take an oath.
7 COMMISSION 9
MOPS=: 0CWbc 03.79q
My Commission Expires: (6--;3-(S
Commission Number: 6E 13Q B8b1
A-13
11,....1
DRUG-FREE WORKPLACE FORM
The undersig ed Contractor, in accordance with Florida Statute 287.087 hereby certifies
k1,0+"VT\V_ l �MV, r+l K _ does:
Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug free workplace, any available drug counseling, rehabilitation, employee
assistance programs and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph t, notify the employees that, as a condition of
working on the commodities or contractual services that the employee will abide by the terms
of the statement and will notify the employer of any conviction of, or plea of guilty or nolo
contendere to any violation of Chapter 1893 or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) days after
such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee
who is so convicted.
6. Make a good faith effort to continue to maintain a drug free workplace through
implementation of Paragraph 1 through 5.
As the person authorized to sign this statement, I certify that this firm complies fully with the
above requirements.
Date: "I — —1 `1
A -IU
Signature
THE AMERICAN INSMUTE OF ARCHITECTS
BOND,# BB03771
KNOW ALL MEN BY THESE PRESENTS, that we Timothy Rose Contracting, Inc.
1360 SW Old Dixie Hwy., Ste 106
(Put �nenaaaaftyssorIva ueoorc.enuaetar) Vero Beach, FL 32962
as Principal, haealafter called the Principal, amt Developers Surety and Indemnity Company
a corporation duly organized under the laws of the State of Iowa 3s Surety, hereinafter called the Surety, are held and firmly
boundumo City of Sebastian
(gym 25 tU1nmwAW nartaplStreet Sebastian, FL 32958
as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ S%), for the payment
of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the principal has submitted a bid for Asphalt Pavement Overlay of Engler Drive
(Here insert cup mem, addm awl deseriptlon of prgea)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall eater into a Contract with the Obligee
in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with
good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in
the prosecution thereof; or in the event of the failure of the Principalto enter such Contract and give such bond or bonds, if the
Principal shall pay to the Obligee the difference not to exceed the penalty hereofbetween the amount specified in said bid and such
larger amount for which the Obligee may m good faith contract with another party to perform the Work covered by said bid then this
obligation shall be null and void, otherwise to remain in full force aW effect
Signed and sealed this 2 2day of J u l y 2014
(Witness)
(W�
Timothy Rose Contracting, Inc.
(Pct) (Seal)
ne)Timot Rose President
D v lope Surety and Indemnity Company
lst� � )OA—" (seal)
(Title)Robert Barra Attorney In Fact
ASA DOCUMENT A310 BID BOND AIA ® FEBRUARY 1970 ED 7TIE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVF- N.W. WASHINGTON. D.C. 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO Box 19725, IRVINE, CA 92623 (949) 2633300
t KNOWALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY. does hereby make, constitute and appoint
"'Robert Barra***
as its true and lawful Attomey(s}in-Fact, to make, execute, deliver and admowWg% for and on behalf of said corporatibn, as surety, bonds, undertaidngs and contracts of suretyship
giving and grantlng unto sald Athmey(s)4n-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said
corporation could do, but reserving to each of said corporation full power of substitution and revocation, and all of the acts of said Attomey(s}{n-FacL pursuant to these presents, are
hereby ratified and owfirmed.
This Power of Attorney is granted and is signed by facsimlfe under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND
INDEMNITY COMPANY, effective as of January 1st, 2008.
RESOLVED, that a comb -manor of any two of the Chairman of the Board, the President, any Executive Vice -President Senior Vice -President or Vice -President of the
corporation be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, an behalf of the
corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or arty Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the
execution of any such Power of Attorney,
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary orAssistant
Secretary this November 21, 2013.
AND
By—
Daniel Young, Senior Vice-Presiderrt y.>Q` "'s? 044
OC10
T.
By:0. 1936 =--
Mark J. Landon, Vice -President
/0 N * .. baD s
State of Caldomla
County of Orange
On November 21, 2013 before me, Antonio Alvarado Notary Public
Date Here Insert Name and Tide of the Officer
personally appeared Daniel Young and Mark J Landon
Names) of $gner(s)
ANTMIN) ALVARADO
Q C1301. # 2033556
N=RY PLIM CALWOMM
3 mmm COL111 w
My comm Aug. 9, 2017
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to be the persons) venose names) rsrare suoscnoea w
the within Instrument and acknowledged to me that helshefthey executed the same In hWhedthelr authorized
capacity(ies), and that by hisfherffheir signatures) on the instrument the person(s), or the entity upon behaH of
which the person(s) acted, executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct
WITNESS my hand and official seal.
Signature
CERTIFICATE
Antonio Alvarado, Notary Public
The undersigned, as Secretary orAssistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attomey
remains in full force and has not been revoked and, furthermore, that the provision of the resolution of the Board of Directors of said cmporaation set forth in the Power of Attorney are in
force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 22 day of July . 2014 -
By; &""L'- ,
Cassie J. Berrsf istant Secretary
ID-1438(Rev.11113)
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRIICTION INDUSTRY LICENSING BOARD (850) 487-1395
1940 NORTH
��owec` TALLAHASSEEMONROE STRFLT32399-0783
ROSE, TIMOTHY WILLIAM
TIMOTHY ROSE CONTRACTING INC
1360 SW OLD DIXIE HIGHWAY
#106
VERO BEACH FL 32962
Congratulations! With this license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation.
Our professionals and businesses range from architects to yacht brokers, from
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Every day we work to improve the way we do business in order to serve you better.,
For information about our services, please log onto www.myfloridalicense.com.
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Our mission at the Department is: License Efficiently, Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new license!;
L
DETACH HERE
STATE OF FLORIDA AC#.� 2 3
DEPARTMENT OF BUSINESS AND"'..
P96PESSI0N t'�g GULATION
CGC052940,%5"},_ 1- 2 118201628
CERTIFIS>a�+ E�yf0>�TTRAC•TOR
ROSE. ;,
TIMOTHY Rv�'0 T3NG INC
IS. `CERTIFIED under `the provisions of.'Ch-48.9 Fe
.Ezpiiatlon date: AUG 31,"`01
' 24: ;12073302323
AC# 6 23 7 Q 4 �. STATE OF FLORIDA%
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E. �PTMRNTI ;OF $it$� ESS
CONSAND PROFESSItONAL tEGUI4
TR�Ttr'ISCi IN?iaSRY LI+GE;NSCi BOAR
6023,%'2, r�GGt0529`4f? ���� _ _ ,ts:;,
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SEQ#LI2073102323
KEN LAWSON
SECRETARY
"ESw STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
ROSE, TIMOTHY WILLIAM
TIMOTHY ROSE CONTRACTING INC
1360 SW OLD DIXIE HIGHWAY
#106
VERO BEACH FL 32962
(850) 487--1395
Congratulations! With this license you become one of the nearly
one million Floridians licensed by the Department of Business and
STATE OF FLORIDA
Professional Regulation. Our professionals and businesses range
DEPARTMENT OF BUSINESS AND
from architects to yacht brokers, from boxers to barbeque restaurants,
they keep Florida's strong.
• � PROFS SICtMAU1, GULATION
��- 3�
and economy
,:. ._
800066532 - SSllr 07/17/2013
Every day we work to improve the way we do business in order to
serve you better. For information about our services, please log onto
{
REG UNDER �,: I.�& V CTR
find
www.myfloridalicense.com. There you can more information
about our divisions and the regulations that impact you, subscribe
ROSE, TIMOR
to department newsletters and learn more about the Department's
TIMOTHY RO t
(INDIVIDUAL Mpg! b. SAL
initiatives.
LICENSING RE&I - IOR
Our mission at the Department is: License Efficiently, Regulate Fairly.
TO CONTRACTING fah:1 AREA)
We constantly strive to serve you better so that you can serve your
HAS REGISTERED under the provisions of Ch.489 FS.
customers. Thank you for doing business in Florida,
Expiration date : AUG 31, 2015 L130717D004ss1
and congratulations on your new license!
The Department of State is leading the commemoration of Florida's 500th anniversary in 2013.
For more information, please go to www.VivaFlorida.org.
VIVA IIBtIIASH
DETACH HERE
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTIdN INDUSTRY LICFHNSING BOARD
RUOG66532" -I .
The UNDERGROUND UTILITY &.EXCA
Named -below HAS REGISTERED
Under the provisions of Chapter 4,89 FS.
Expiration date:.Al7G 31, 2015
-(INDIVIDUAL MUST MI
REQQIREMENTS PRIM
TIMOTHY, -R SE.,L
1360 0,01,0 E
SMITE 1:0t
VERo DE40H
RICK SCOTT
GOVERNOR
ISSUED: 07/17/2013 SEQ # L1307170000551
DISPLAY AS REQUIRED BY LAW
VIVA fl6RIIIAM.
KEN. LAWSON
SECRETARY
2014 FLORIDA PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# S75343
Entity Name: TIMOTHY ROSE CONTRACTING, INC.
Current Principal Place of Business:
1360 OLD DIXIE HWY SW
STE 106
VERO BEACH, FL 32962
Current Mailing Address:
1360 OLD DIXIE HWY SW
STE 106
VERO BEACH, FL 32962 US
FEI Number: 65-0284242
Name and Address of Current Registered Agent:
ROSE, TIMOTHY W.
1360 OLD DIXIE HIGHWAY SW
106
VERO BEACH, FL 32962 US
FILED
Jan 15, 2014
Secretary of State
CC6497847931
Certificate of Status Desired: No
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Officer/Director Detail :
Title
P
Name
ROSE, TIMOTHY W.
Address
1360 OLD DIXIE HWY SUITE 106
City -State -Zip:
VERO BEACH FL 32962
Title TREA
Name ROSE, LISA A
Address 1360 SW OLD DIXIE HWY #106
City -State -Zip: VERO BEACH FL 32962
Title SEC
Name ROSE,RONALD
Address 1360 SW OLD DIXIE HWY 4106
City -State -Zip: VERO BEACH FL 32962
hereby certify that the information indicated on this report or supplemental report is true and accurate and that my eloclranic signature shall have the same legal effect as if made under
oath: that I am an officer or director of the corporation or the racelvar or trustee empowered to execute this report as required by Chapter 607. Florida Statutes. and that my name appears
above, or on an attachment with alf other hko ompowemd.
SIGNATURE: TIMOTHY W. ROSE PRESIDENT 01/15/2014
Electronic Signature of Signing Officer/Director Detail Date
OP ID: LA
C -P CERTIFICATE Off' LIABILITY INSURANCE05/2
DAT D/YYYY,
05/22114
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be. endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
Phone: 772-286-4334
Stuart Insurance, Inc. Fax: 772-286-9389
3070 S W Mapp
Palm City, FL 34990
Rick Halcomb, CIC, ARM
NTAPRODUCER
NAME: Rick Halcomb
PHONE
772-286-4334 FAX 772-286-9389
IArc, No. Ertl: a( C, Noj;
E-MAIL - -
ADDRESS: rhalcomb@stuartinsurance.net
PRODUCER TIMOR -1
CUSTOMER ID ii:
INSURERS) AFFORDING COVERAGE
_
NAIC 0
INSURED Timothy Rose
INSURER A : Westfield Insurance
_
24112
Contracting, Inc.
1360 Old Dixie Hwy SW
Vero Beach, FL 32962
INSURER B:
— --
INSURER C:
X COMMERCIAL GENERAL LIABILITY
INSURER D:
CMM6079889
INSURER E:
06/06/15
INSURER F:
COVFRAr;FS CERTIFICATF NIIMRER: REVISION NIIMRFR-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ENSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
MMIDDmW
POLICY EXP
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
S 1,000,00
DAMAGE 10
PREMISES Ea occurred nce)
$ 100,000
A
X COMMERCIAL GENERAL LIABILITY
X
CMM6079889
06106/14
06/06/15
CLAIMS -MADE rx-1 OCCUR
MED EXP (Any one person)
E 5,00
PERSONAL 8 ADV INJURY
$ 1,000,00
X Contractual Liab
GENERAL AGGREGATE
E 2.000,00
X Incl XCU
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGG
E 2,000,00
E
POLICY X PRO A_UECTLOC
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
S 1,000,000
A
X
CMM6079889
06/06/14
06!06115
(Ea accident)
BODILY INJURY (Per person)
E
ANY AUTO
ALL OWNED AUTOS
BODILY INJURY (Per accident)
$
SCHEDULED AUTOS
PROPERTY DAMAGE
E
X
HIRED AUTOS
(Per accident)
E
X
NON -OWNED AUTOS
E
UMBRELLA LIAR
X
OCCUR
EACH OCCURRENCE
E 3,000,00
AGGREGATE
E 3,000,00
A
EXCESS LIAB
CLAIMS -MADE
CMM6079889
06/06/14
06106!15
DEDUCTIBLE
E
E
RETENTION S
WORKERS COMPENSATION
WC STATUS TH-
T ORY LIMITS I ER
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. EACH ACCIDENT;.
E .
E.L. DISEASE - EA EMPLOYE
E
[--I
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
N / A
E.L. DISEASE -POLICY LIMIT S
If yes, describe under
DESCRIPTION OF OPERATIONS below
A
Contractors Equip
MM6079889
06106/14
06/06115
Rented 50,00
r
I
I
Equipment $1000 de
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required)
RE: Presidential Streets - Roadway & Drainage Improvements. City of
Sebastian is additional insured with respect to general liability.
ctK I IFIL;ATt HULUtK
CITSE-1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Sebastian
1225 Main Street AUTHORIZED REPRESENTATIVE
Sebastian, FL 32958
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
CITY OF SEBASTIAN, FLORIDA
SEBASTIAN CONTRACTOR LICENSE
1225 MAIN STREET, SEBASTIAN, FL32958
COMP CARD VALID OCTOBER 1, 2013 TO SEPTEMBER 30, 2014
License: 1260 Expires: 9/30/2014 Type: UNDERGRND. UTILITIES
Qualifier: TIMOTHY W. ROSE Ph: (772)564-7800
Registration: RU0066532 Expires: 8/31/2014 Insurance: CMM6079889 Expires: 6/06/2014 I
Workers Comp: DPE26272740360 Expires: 4/01/201144 Fee Paid: 60.00 9/16/2013
or
TIMOTHY ROSE CONTRACTING, INC.
1360 SW OLD DIXIE HWY.
VERO BEACH FL 32962 HOME of PELICAN ISLAND
CrCE NSI NG S AL STT
NON -TRANSFERABLE
. J
�t
• J
CITY OF SEBASTIAN, FLORIDA
SEBASTIAN CONTRACTOR LICENSE
1225 MAIN STREET, SEBASTIAN, FL32958
COMP CARD VALID OCTOBER 1, 2013 TO SEPTEMBER 30, 2014
License: 1260 Expires: 9/30/2014 Type: UNDERGRND. UTILITIES
Qualifier: TIMOTHY W. ROSE Ph: (772)564-7800
Registration: RU0066532 Expires: 8/31/2014 Insurance: CMM6079889 Expires: 6/06/2014 I
Workers Comp: DPE26272740360 Expires: 4/01/201144 Fee Paid: 60.00 9/16/2013
or
TIMOTHY ROSE CONTRACTING, INC.
1360 SW OLD DIXIE HWY.
VERO BEACH FL 32962 HOME of PELICAN ISLAND
CrCE NSI NG S AL STT
NON -TRANSFERABLE
t r
CONSTRUCTION SERVICES AGREEMENT
ARTICLE I - The Contractual Relationship
1.0 EMPLOYMENT OF CONTRACTOR
2.0 AGREEMENT DOCUMENTS.
2.1
INTENT
2.2
ENTIRE AND SOLE AGREEMENT
2.3
AMENDMENTS
2.4
CONSTRUING TERMS
2.5
GOVERNING LAW AND WAIVER OF TRIAL BY JURY
2.6
TERM
3.0 DEFINITION OF TERMS
3.1
GENERAL
3.2
ACT OF GOD
3.3
ADDENDUM
3.4
AGREEMENT
3.5
A.S.T.M. DESIGNATION
3.6
BID
3.7
BID BOND or PROPOSAL GUARANTEE:
3.8
BIDDER
3.9
CHANGE ORDER
3.10
CONTRACT ADDENDUM
3.11
CONTRACTOR
3.12
DIRECTED, ORDERED, APPROVED & ETC.
3.13
ENGINEER
3.14
GENERAL CONDITIONS
3.15
INSPECTOR
3.16
LABORATORY
3.17
OWNER
3.18
PERFORMANCE AND PAYMENT BONDS:
3.19
PLANS
3.20
PROPOSAL
3.21
SPECIAL CONDITIONS
3.22
SPECIFICATIONS
3.23
SUBCONTRACTOR
3.24
SUPPLEMENTAL AGREEMENT
3.25
SURETY
3.26
WORK
3.27
WORK ORDER
cull
ARTICLE II - Performance
4.0 PLANS, SPECIFICATIONS AND RELATED DATA
4.1
INTENT OF PLANS AND SPECIFICATIONS
4.2
CONFLICT
4.3
DISCREPANCIES IN PLANS
4.4
DRAWINGS AND SPECIFICATIONS AT JOB SITE
4.5
DIMENSIONS
4.6
SAMPLING AND TESTING
4.7
SHOP DRAWINGS
4.8
QUALITY OF EQUIPMENT AND MATERIALS
4.9
EQUIPMENT APPROVAL DATA
4.10
SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL
5.0 MATERIALS AND WORKMANSHIP
5.1 MATERIALS FURNISHED BY THE CONTRACTOR
5.2 STORAGE OF MATERIALS
5.3 REJECTED WORK AND MATERIAL
5.4 MANUFACTURER'S DIRECTION
5.5 SKILL AND CHARACTER OF WORKMEN
5.6 CUTTING AND PATCHING
5.7 CLEANING UP
5.8 CITY'S OWNERSHIP OF MATERIALS
5.9 GUARANTEE
6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR
6.1
PERSONNEL, EQUIPMENT AND RECORD REQUIREMENTS
6.2
CONTROL POINTS FURNISHED BY THE CITY
6.3
FURNISHING OF STAKE MATERIALS
6.4
LAYOUT OF WORK
6.5
SPECIFIC STAKING REQUIREMENTS
6.6
PAYMENT
6.7
COORDINATION WITH CITY
6.8
LOCATION OF EXISTING UTILITIES AND PIPING
7.0 PROGRESS AND COMPLETION OF WORK
7.1
CONTRACTOR'S OBLIGATIONS
7.2 START OF CONSTRUCTION
7.3 CONTRACT TIME
7.4 SCHEDULE OF COMPLETION
7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE
7.6 PROPERTY OF OTHERS
A. Public Ownership
B. Private Ownership
7.7 PROTECTION OF EXISTING UTILITIES AND FACILITIES
7.8 CROSSING PUBLIC FACILITIES
7.9 CHANGES IN THE WORK
7.10 EXTENSION OF CONTRACT TIME
7.11 CORRECTION OF WORK
7.12 LIQUIDATED DAMAGES
A-20
8.0 PUBLIC HEALTH AND SAFETY
8.1 PROTECTION OF PERSONS AND PROPERTY
A. Safety Precautions and Programs
B. Safety of Persons and Property
8.2 TRAFFIC CONTROL
8.3 ROAD CLOSURE AND DETOURS
8.4 PROVISION OF ACCESS
8.5 WARNING SIGNS AND BARRICADES
8.6 OPEN TRENCHES
8.7 PLACEMENT OF HEAVY EQUIPMENT
8.8 TEMPORARY FACILITIES AND CONTROLS
8.9 SANITARY PROVISION
8.10 WATER SUPPLY
8.11 NOISE CONTROL
8.12 DUST CONTROL
8.13 WATER CONTROL
8.14 POLLUTION, SILTATION AND EROSION CONTROL
A-21
9.0
ARTICLE III - Supervision and Administration
ENGINEER, CITY, CONTRACTOR RELATIONS
9.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY
9.2 ENGINEER'S DECISION
9.3 SUSPENSION OF WORK
9.4 CONSTRUCTION REVIEW OF WORK
9.5 FIELD TESTS AND PRELIMINARY OPERATION
9.6 EXAMINATION OF COMPLETED WORK
9.7 CONTRACTOR'S SUPERINTENDENT
9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES
9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK
9.10 RIGHTS OF VARIOUS INTERESTS
9.11 SEPARATE CONTRACTS
9.12 SUBCONTRACTS AND PURCHASE ORDERS
9.13 WORK DURING AN EMERGENCY
9.14 ORAL AGREEMENTS
9.15 NIGHT, SATURDAY AND/OR SUNDAY WORK
9.16 UNAUTHORIZED WORK
9.17 USE OF COMPLETED PORTIONS OF THE WORK
9.18 CONTRACTOR'S RESPONSIBILITY FOR WORK
10.0 MEASUREMENT AND PAYMENT
10.1 DETAILED BREAKDOWN OF CONTRACT
10.2 REQUEST FOR PAYMENT
10.3 CITY'S ACTION ON A REQUEST FOR PAYMENT
10.4 CITY'S RIGHT TO WITHHOLD PAYMENT
10.5 PAYMENT FOR UNCORRECTED WORK
10.6 PAYMENT FOR REJECTED WORK AND MATERIALS
10.7 CHANGES IN THE WORK
A. Change Orders
B. Claims
10.8 CANCELED ITEMS OF WORK
10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY
10.10 PAYMENT FOR WORK BY THE CITY
10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION
A. Termination by City for Cause
B. Termination by City Without Cause
10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY
10.13 RELEASE OF CLAIMS (INTERIMNINAL)
10.14 ACCEPTANCE AND FINAL PAYMENT
10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT
11.0 PUBLIC CONTRACT REQUIREMENTS
11.1 COVENANT AGAINST CONTINGENT FEES
11.2 INTEREST OF MEMBERS OF CITY AND OTHERS
11.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING
11.4 INTEREST OF CONTRACTOR
11.5 PUBLIC ENTITY CRIMES
11.6 DRUG-FREE WORKPLACE
A-12
11.7
COMPLIANCE WITH LAWS
11.8
INSURANCE
11.9
BOND
11.10
PERMITS
11.11
LAWS TO BE OBSERVED
12.0 MISCELLANEOUS
12.1
ADDRESSES FOR NOTICES
12.2
WRITTEN NOTICE
12.3
TAXES
12.4
TIME IS OF VITAL IMPORTANCE
12.5
NO WAIVER OF LEGAL RIGHTS
12.6
RIGHT TO WORK PRODUCT
12.7
PUBLIC RECORDS LAWS
A-23
CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT made this 1�day ofa2014, by and between the CITY OF
SEBASTIAN, a municipal corporation of the State of Flori a, 1225 Main Street, Sebastian, Florida,
32958, and ("City") and (Timothy Rose Contracting, Inc., 1360 SE Old Dixie Highway, Suite 106,
Vero Beach, FL 32962 "Contractor.") authorized to do business in the State of Florida.
WHEREAS, the City desires to engage a Florida licensed contractor who has special and
unique competence and experience in providing construction services necessary to complete the
Project hereunder; and,
WHEREAS, the Contractor represents that it has such competence and experience in providing
these services; and,
WHEREAS, the City in reliance on such representation has selected the Contractor in
accordance with its procedure for selection of Contractor; and,
WHEREAS, the City and the Contractor desire to reduce to writing their understanding and
agreements on such professional services.
IT IS, THEREFORE, AGREED as follows:
ARTICLE I - The Contractual Relationship
1.0 EMPLOYMENT OF CONTRACTOR
The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform
professional services for the City in accordance with this Agreement to PROVIDE MINOR
PAVEMENT REPAIRS AND ASPAHLT PAVEMENT OVERLAYS FOR ENGLAR DRIVE
FROM BRIGDE TO SCHUMANN DRIVE. This Agreement is not an exclusive agreement and the
City may employ other contractors, professional or technical personnel to furnish services for the City
as the City in its sole discretion finds is in the public 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 or firm other than the City and Contractor.
The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any portion
thereof, or of his right, title of interest therein or his obligations thereunder, or moneys due or to
become due under this Contract.
2.0 AGREEMENT DOCUMENTS
The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement,
Supplemental Agreement(s), Notice of Invitation to Bid, Instructions for Bidders, Bid Proposal, Bond
Forms, Bid Specifications and Scone of Work, Work Orders, Change Orders, Addenda if any, any
other documents listed in the Agreement Documents, and written modifications issued after execution
of this Agreement, if any.
A -2a
2.1 INTENT
The Specifications are an integrated part of the Contract Documents and as such will not stand alone if
used independently. The Specifications establish minimum standards of quality for this Project. They
do not purport 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 of materials and construction. It is also intended to include all
labor and materials, equipment, and transportation necessary for the proper -execution of the Work, to
require new material and equipment 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 Contractor. Performance
by the Contractor shall be required only to the extent consistent with the Agreement Documents and
reasonably inferable from them as being necessary to produce the intended results.
2.2 ENTIRE AND SOLE AGREEMENT
Except as specifically stated herein, the Agreement Documents constitute the entire agreement
between the parties and supersede all other agreements, representations, warranties, statements,
promises, and understandings not specifically set forth in the Agreement Documents. Neither party has
in any way relied, nor shall in any way rely, upon any oral or written agreements, representations,
warranties, statements, promises or understandings not specifically set forth in the Agreement
Documents.
2.3 AMENDMENTS
The parties may modify this Agreement at any time by written agreement. Neither the Agreement
Documents nor any term thereof may be changed, waived, discharged or terminated 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 TERMS
This Agreement shall not be construed against the party who drafted the same, as both parties have
obtained experts of their choosing to review the legal and business adequacy of the same.
2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY
This Agreement shall be governed by the laws of the State of Florida, and any venue for any action
pursuant to the Agreement Documents shall be in Indian River County, Florida. The parties hereto
expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising
hereunder.
2.6 TERM
This Agreement shall commence on the day it is executed by both parties and the term of the
Agreement shall extend until the Project is complete unless terminated in accordance with the terms
hereunder.
A-25
3.0 DEFINITION OF TERMS
3.1 GENERAL
Whenever the following terms appear in these Agreement Documents, their intent and meaning shall,
unless specifically stated otherwise, be interpreted as shown.
3.2 ACT OF GOD
The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event), tornado
or other cataclysmic phenomenon of nature. Rain, Wind or other natural phenomenon (including
tropical waves and depressions) of normal intensity for the locality shall not be construed as an Act of
God.
3.3 ADDENDUM (re: bid documents)
A modification of the plans or other contract documents issued by the Owner and distributed to
prospective bidders prior to the opening of bids. All Addenda shall be considered as part of the
Contract Documents.
3.4 AGREEMENT
A written agreement between the Contractor and Owner defining in detail the work to be performed.
The words Agreement and Contract, are one and the same.
3.5 A.S.T.M. DESIGNATION
Wherever the letters "A.S.T.M." are used in the Specifications, it shall be understood as referring to
the American Society for Testing Materials. 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
understood to mean the current, up-to-date standard specification or tentative specification for that
particular process, material or test as currently published by that group.
3.6 BID
The bid or proposal is the written offer of a Bidder to perform work described by the contract
documents when made out and submitted on the prescribed proposal form properly sealed and
guaranteed. The bid or proposal shall be considered as part of the Contract Documents.
3.7 BID BOND or PROPOSAL GUARANTEE
Bidder shall submit a Bid Bond or Proposal Guarantee in the amount of 5% of the Base 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 bond from a surety company duly licensed
in the State of Florida.
A-16
3.8 BIDDER
An individual, partnership, or corporation submitting a proposal for the work contemplated; acting
directly or through a duly authorized representative.
3.9 CHANGE ORDER
A written order issued to the Contractor by the City 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, and/or to cover adjustments in the Contract Price or Contract Time.
3.10 CONTRACT ADDENDUM
A special written provision modifying or clarifying the terms and conditions of the Contract. The
Contract Addendum shall be considered as part of the contract documents.
3.11 CONTRACTOR
The word "Contractor" shall mean an individual, partnership, or corporation, and its heirs, executors,
administrators, successors and assigns, or the lawful agent of any such individual, firm, partnership,
covenant or corporation, or its surety under any contract bond, constituting one of the principals 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", "permitted",
"acceptable", or words of similar import are used, it shall be understood 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 the Engineer -of -Record. The City may designate a staff member as Engineer who is not
licensed.
3.14 GENERAL CONDITIONS
The directions, provisions and requirements contained within the Agreement Documents, all
describing the general manner of performing the Work including detailed technical requirements
relative to labor, material equipment, and methods by which the Work is to be performed and
prescribing the relationship between the City and the Contractor.
3.15 INSPECTOR
A duly authorized representative of the City assigned to make official inspections of the materials
furnished and of the work performed by the Contractor.
3.16 LABORATORY
Any licensed and qualified independent laboratory designated by, or acceptable to the City to perform
A-27
necessary testing of materials for this project. All testing will be the responsibility of the contractor to
hire a licensed testing firm to conduct any testing which is included in the price of various bid items.
3.17 OWNER
City of Sebastian
3.18 PERFORMANCE AND PAYMENT BONDS
Contractor shall submit bonds in the form prescribed by State Law, and generally as shown on sample
forms herein, for Performance and Payment, no performance or payment bonds for this project.
3.19 PLANS
The official, approved engineering plans, including reproduction thereof, showing the location,
character, dimensions and details of the work to be done. All shop drawings submitted 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 prescribed proposal form, properly signed and
guaranteed. The proposal or bid shall be considered as part of the contract documents.
3.21 SPECIAL CONDITIONS
Special clauses or provisions, supplemental to the Plans, Standard Specifications and other contract
documents, setting forth conditions varying from or additional to the Standard Specifications for a
specific project.
3.22 SPECIFICATIONS
The directions, provisions, and requirements together with all written agreements made or to be made,
setting forth or relating to the method and manner of performing the Work, or to the quantities and
qualities of materials, labor and equipment to be furnished under the Agreement.
3.23 SUBCONTRACTOR
An individual, partnership or corporation supplying labor, equipment or materials under a direct
contract with the contractor for work on the project site. Included is the one who supplies materials
fabricated or formulated to a special design according to the plans and specifications for the particular
project.
3.24 SUPPLEMENTAL AGREEMENT
A written understanding, or proposal and acceptance, executed between the City and the Contractor
subsequent to execution of the Agreement herein with the written consent of the Contractor's Surety,
relating to the work covered by the Agreement and clarifying or furthering the terms thereof. A
modification to the Agreement shall be made by Contract Addendum.
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3.25 SURETY
Surety is a corporation qualified to act as surety under the laws of Florida, who executes the
Contractor's Performance and Payment Bonds and is bound with the Contractor for the acceptable
performance of the contracted work and for the payment of all debts pertaining thereto.
3.26 WORK, (The) or PROJECT, (The)
The public improvement contemplated in the Plans and Specifications, and all actions necessary to
construct the same.
3.27 WORK ORDER
Work orders are work instructions including specifications and plans that show the location, character,
dimensions and details to the work to be done. Work orders are specific instructions, of limited scope,
that will be a part of this contract. Work orders shall be considered as part of the contract documents.
Any Work Orders considered to be Change Orders of any kind shall be in writing and address, at a
minimum, any changes in the scope of work and the related impact on Contract Price / Cost and Time
/ Schedule.
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ARTICLE II - Performance
4.0 PLANS, SPECIFICATIONS AND RELATED DATA
4.1 INTENT OF THE SPECIFICATIONS
The intent of the Specifications, Work Orders and other Contract Documents is that the Contractor
furnishes all labor and materials, equipment, supervision and transportation necessary for the proper
execution of the Work unless specifically noted otherwise. The Contractor shall do all the work
described in the Specifications and other Contract Documents and all incidental work considered
necessary to substantially complete the Work ready for use, occupancy, or operation in a manner
acceptable to the City.
4.2 CONFLICT
In the event of any inconsistency, discrepancy or conflict between the Agreement, the Plans,
Specifications, and other Contract Documents, the Agreement shall prevail and govern over all except
a subsequently executed Contract 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 Specifications and site conditions, or any errors or omissions in
the Specifications, shall be immediately reported to the Engineer and City. The City Engineer shall
promptly determine the validity and seriousness of the claimed condition and correct any such error or
omission in writing, or otherwise direct Contractor. Any work done by the Contractor after his
discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk.
Any correction or errors or omissions in Specifications may be made by the City Engineer when such
correction is necessary for the proper fulfillment of their intention as construed by the City Engineer.
Where said correction of errors or omissions, except as provided in the next two (2) paragraphs below,
adds to the amount of work to be done by the Contractor, compensation for said additional work shall
be made under the Paragraph 10.7 CHANGES IN THE WORK below, except where the additional
work may be classed under some item of work for which a unit price is included in the proposal.
The fact that specific mention of any part of work is omitted in the Specifications, whether
intentionally or otherwise, when the same is clearly indicated in the specifications, or is usually
and customarily required to complete fully such work as is specified herein, will not entitle the
Contractor to consideration in the matter of any claim for extra compensation, but the said
work must be installed or done the same as if called for in the Specifications.
All work indicated in the Specifications and all work and material usual and necessary to make the
Work complete in all its parts, whether or not mentioned in the Specifications, shall be furnished and
executed the same as if they were called for in the Specifications.
The Contractor will not be allowed to take advantage of any errors or omissions in the technical
provisions of the Specifications. The Engineer will provide full information when errors or omissions
are discovered.
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4.4 SPECIFICATIONS AT JOB SITE
One (1) complete set of the Specifications, Work Orders, Addenda, Change Orders, Shop Drawings
and samples shall be maintained at the job site, in good order and annotated to show all changes made
during the construction process, and shall be available to the Engineer and City at all times. A final
copy thereof, 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 and project limits will be field measured in advance of the project with city staff from the
projects limits of the Englar Dive Bridge to Schumann Drive. Where the work of the Contractor is
affected by finished dimensions, these shall be verified by the Contractor at site, and he shall assume
the responsibility for their use.
4.6 SAMPLING AND TESTING
Except as otherwise provided, sampling and testing of all materials, and the laboratory methods and
testing equipment, required under the Specifications shall be in accordance with the latest standards or
tenets of the American Society for 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 samples without charge. The Contractor
shall be given sufficient notification of the placing of orders for materials to permit testing.
As an exception to the above, when the Contractor represents a material or an item of work as meeting
Specifications and under recognized test procedures it fails, any re -testing shall be at the Contractor's
expense, billed at the Testing Laboratory's standard rate for individual tests.
It is expected that all inspections and testing of materials and equipment will be done locally. If the
Contractor desires that inspections for tests be made outside of the local area, all expenses, including
per diem for the Engineer or Inspectors, shall be borne by the Contractor.
4.7 SHOP DRAWINGS (if Required)
The Contractor shall 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 Specifications
or Engineer's instructions. Deviations from the Specifications shall be called to the attention of the
City at the time of the first submission of shop drawings and other drawings. The City's approval of
any shop drawings shall not release the Contractor from responsibility for errors, corrections of details,
or conformance with the Contract. Shop drawings shall be submitted according to the following
schedule:
(a) Seven (7) copies shall be submitted to the City at least thirty (30) days before the
materials indicated thereon are to be needed or earlier if required to prevent delay of
work or to comply with subparagraph (b).
(b) The City shall, within fourteen (14) days of the submittal of any shop drawings, return
three (3) copies to the Contractor marked with any corrections and changes required
and noting if the drawings are acceptable as noted, or if resubmittal is required.
(c) The Contractor shall then correct the shop drawings to conform to the corrections and
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changes requested by the City and resubmit six (6) copies to the City.
(d) Three (3) copies of Approved Shop Drawings shall be returned to the Contractor by
the City.
4.8 QUALITY OF EQUIPMENT AND MATERIALS
In order to establish standards of quality, the Specifications may refer to certain 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 shall furnish to the City a complete list of his proposed desired substitutions prior to
the signing of the Contract, together with such engineering and catalog data as the City may require.
Further substitutions may be submitted during the course of work in accordance with Paragraph 4.10
SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL below.
The Contractor shall abide by the City's judgment when proposed substitution of materials or items or
equipment are judged to be unacceptable and shall furnish the specified material or item of equipment
in such case. All proposals for substitutions shall be submitted to the City in writing by the Contractor
and not by individual trades or material suppliers. The City will advise of approval or disapproval of
proposed substitutions in writing within a reasonable time. No substitute materials shall be used
unless approved by City in writing.
4.9 EQUIPMENT APPROVAL DATA
The Contractor shall furnish one (1) copy of complete catalog data for every manufactured item of
equipment and all components to be used in the Work, including specific performance data, material
description, rating, capacity, material gauge or thickness, brand name, catalog number and general
type.
This submission shall be compiled by the Contractor and submitted to the City for review and written
approval before any of the equipment is ordered.
Each data sheet or catalog in the submission shall be indexed according to specification section
and paragraph for easy reference.
After written approval is received by the Contractor, submission shall become a part of the Contract
and may not be deviated from except upon written approval of the City.
Catalog data for equipment approved by the City does not in any case supersede the Contract
Documents. The acceptance by the City shall not relieve the Contractor from responsibility for
deviations from Plans or Specifications, unless he has called the City's attention, in writing, to such
deviations at the time of submission, nor shall it relieve him 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 and errors.
It shall be the responsibility of the Contractor to insure that items to be furnished fit the space
available. He shall make necessary field measurements to ascertain space requirements, including
those for connections, and shall order such sizes and shapes of equipment that the field installation
shall suit the true intent and meaning of the Plans and Specifications.
Where equipment requiring different arrangement of connections from those shown is approved, it
shall be the responsibility of the Contractor to install the equipment to operate properly, and in
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harmony with the intent of the Plans and Specifications, and to make all changes in the Work required
by the different arrangement of connections at his own expense.
4.10 SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL
After the execution of the Contract Agreement, the substitution of equipment and/or material for that
specified will be considered if:
(a) The equipment and/or materials proposed for substitution is determined by the City to
be equal or superior to that specified in the Contract;
(b) Unless determined to be of superior quality, the equipment and/or material 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 substitution. If the
substitution is approved, the Contract price shall be reduced accordingly; and
(c) The equipment and/or material proposed for substitution is readily available and its
delivery and use, if approved as a substitution, will not delay the scheduled start and
completion of the specified work for which it is intended or the scheduled completion
of the entire work to be completed under the contract.
No request will be considered unless submitted in writing to the City and approval by the City must
also be in writing. To receive consideration, requests for substitutions must be accompanied by
documentary proof of the actual difference in cost to the Contractor in the form of quotations to the
contractor covering the original equipment and/or material, and also equipment and/or material
proposed for substitution or other proof satisfactory to the City. It is the intention that the City shall
receive the full benefit of the saving in cost involved in any substitution unless the item is substituted
for one designated in the Specifications by specific manufacturer'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 proving adequate proof that the equipment and/or material offered for
substitution is equal or superior in construction and/or efficiency to that named in the Contract shall
rest on the Contractor and the proof will be submitted to the. City. Request for substitution of
equipment and/or material which the Contractor cannot prove to the satisfaction of the City, at its sole
discretion and judgment, to be equal or superior in construction and/or efficiency to that named in the
Contract will not be approved.
5.0 MATERIALS AND WORKMANSHIP
5.1 MATERIALS FURNISHED BY THE CONTRACTOR
All materials and equipment used in the Work shall meet the requirements of the respective
Specifications, and shall not be used until it has been approved in writing by the City.
Wherever the specifications call for an item of material or equipment by a manufacturer's name and
type, and additional features of the item are specifically 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 specifications call for an item of material or equipment by a manufacturer's name and
type, and the specified item becomes obsolete and is no longer available, the Contractor shall provide
a substitute item of equal or superior quality and performance which is acceptable to the Engineer and
City and is currently available, at no increase in Contract price.
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5.2 STORAGE OF MATERIALS
Materials and equipment shall be stored so as to incur the preservation of their quality and fitness for
the Work. When considered necessary, they shall be placed on wooden platforms or other hard clean
surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and
equipment shall be located so as to facilitate prompt inspection. Private property zoned for or adjacent
to land zoned for residential uses shall not be utilized for storage purposes without special prior
arrangement.
5.3 REJECTED WORK AND MATERIAL
Any materials, equipment or work which does not satisfactorily meet the Specifications may be
condemned by the Engineer or City by giving a written notice to the Contractor. All condemned
materials, equipment or work shall be promptly taken out and replaced.
All materials and equipment which do not conform to the requirements of the Contract Documents, are
not equal or superior to samples approved by the Engineer and City, or are in any way unsatisfactory
or unsuited to the purpose, for which they are intended, shall be rejected. Any defective work whether
the result of poor workmanship, use of defective materials, damaged through carelessness or from
other cause shall be removed within ten (10) days after written notice is given by the City, and the
work shall be re -executed by the Contractor. The fact that the Engineer or the City may have
previously overlooked 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 (10) days after written notice to do
so, the City may remove them and may store the materials and equipment. Satisfaction of warranty
work after final payment shall be in accordance with Paragraph 10.15.
5.4 MANUFACTURER'S DIRECTION
Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used,
cleaned, and conditioned as directed by the manufacturer unless herein specified to the contrary.
5.5 SKILL AND CHARACTER OF WORKERS
All workers must have sufficient knowledge, skill and experience to perform properly the work
assigned to them. Any supervisor or worker employed by the Contractor or subcontractors who, in the
opinion of the Engineer or the City does not perform his work in a skillful manner, or appears to be
incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be
discharged immediately and shall not be employed again in any portion of the Work without the
approval of the City.
The Contractor shall at all times be responsible for the conduct and discipline of its 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 Work 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. Contractor shall restore all such cut or patched work as directed by the Engineer
or the City. Cutting of existing structures that could endanger the Work, adjacent property, workmen
or the public shall not be done unless approved by the Engineer and under Engineer's surveillance.
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5.7 CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of waste materials or
rubbish caused by its employees or work. At the completion of the Work, contractor shall remove all
rubbish, tools, scaffolding and surplus materials and shall leave the Work "broom clean" or its
equivalent, unless more exactly specified, and shall insure that all debris and other unsightly objects
are removed and disposed of in a satisfactory manner. At no additional expense to the City, the
Contractor will restore to their original conditions or better, as nearly as practicable, those portions of
the site not designated for alteration and all such property, structure, utilities, landscaping, etc.,
disturbed or damaged during the prosecution of the Work. Final payment will be withheld until such
clean up and repairs are completed
The Work will be considered complete only after 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 Contractor has not complied in keeping the job site clean, the City
may, after twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have
the job site cleaned by an independent labor force. The cost of cleaning by said independent labor
force shall be deducted from moneys due the Contractor.
5.8 CITY'S OWNERSHIP OF MATERIALS
Any and all materials, whether structural or natural, found within the limits of the project remain the
property 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 sole responsibility for all materials and
work for which payments have been made, for the restoration of damaged 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 Contractor shall warrant all its material and equipment furnished and work performed for a period
of one (1) year from the date of final written acceptance of the Work by City.
Satisfaction of warranty work after final payment shall be as per Paragraph 10.15. All equipment and
material warranties or guarantees shall be drawn in favor of the City and the originals thereof
furnished to the Engineer for review and acceptance prior to final payment.
Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of
beach of contract due to substandard materials or workmanship, nor shall such warranty period shorten
the statute of limitations for bringing a breach of contract or other action based upon any such
deficiencies.
6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR
6.1 PERSONNEL, EQUIPMENT AND RECORD REQUIREMENTS
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 Contractor's
field notes or layout work by the City and the acceptance of all or any part thereof, shall not relieve the
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Contractor the responsibility to achieve the lines, grades and dimensions shown in the Plans and
Specifications.
Prior to final acceptance of the project, the Contractor shall mark in a permanent manner on the
surface of the completed Work all control points shown on the Plans.
6.2 CONTROL POINTS FURNISHED BY THE CITY
The City will provide boundary or other control points and bench marks as shown on the Plans as
"Contractor's Survey Control Point", if any is provided. The Contractor shall be responsible for all
survey control of his work during construction. The Contractor shall preserve all reference points and
benchmarks furnished by the City.
6.3 FURNISHING OF STAKE MATERIALS
The Contractor shall furnish all stakes, templates and other materials necessary for establishing and
maintaining the lines and grades necessary for control and construction of the Work.
6.4 LAYOUT OF WORK
Utilizing the control points furnished by the City in accordance with Paragraph 6.2, the Contractor
shall establish all horizontal and vertical controls necessary to construct the Work in conformance with
the Plans and Specifications. The Work shall include performing all calculations required and setting
all stakes needed such as grade stakes, offset stakes, reference point stakes, slope stakes, and other
reference marks or points necessary to provide lines and grades for construction of all contract items.
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 the Project.
6.5 SPECIFIC STAKING REQUIREMENTS
Stakes to establish lines and grades shall be set at appropriate intervals to assure that the Project is
constructed to meet the lines and grades shown on the Plans.
For construction stakes and other control, references shall be set at sufficiently frequent intervals to
assure that all components of a structure are constructed in accordance with the lines and grades
shown in the Plans.
6.6 PAYMENT
The cost of performing layout work as described above shall be included in the contract prices for the
various items of work to which it is incidental.
6.7 COORDINATION 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 alignment throughout
construction. All surveying activities will be coordinated with the City's surveyor as needed for proper
completion of all work on the site.
Primary control monuments, originally set by the City, that are disturbed or destroyed during
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construction shall be accurately replaced by the Contractor's surveyor to the satisfaction of the City's
surveyor.
6.8 LOCATION OF EXISTING UTILITIES AND PIPING
All existing underground utilities, such as telephone, cable television and electrical cables must be
located by the Contractor prior to starting work. The Contractor shall contact the Utilities at least 48
hours prior to commencing any work within the project area. There may be other utilities within the
project area.
The cost of substantiating the location of utilities shall be borne by the Contractor and included in the
bid price. The Contractor shall be responsible for the repair and/or replacement of any damage caused
to utilities by Contractor forces during the course of construction.
Utilities deemed to require relocation shall be identified by the Contractor prior to commencing work.
The Contractor shall notice the City of the conflict and seek direction from the City prior to
proceeding with work. Directions from the City may be to proceed despite conflict, place work order
on hold and commence work at a different location, or relocate utilities under separate contract with
the utility or a change order to be directed by the City.
7.0 PROGRESS AND COMPLETION OF WORK
7.1 CONTRACTOR'S OBLIGATION
Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor
shall be solely responsible for and have control over construction means, methods, techniques,
sequences and procedures and for coordinating all portions of the Work under this Contract, unless the
Contract Documents give other specific instructions concerning these matters.
Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor,
materials, equipment, tools, construction equipment and machinery, water, heat, utilities,
transportation, and other facilities and services necessary for the proper execution and completion of
the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in
the Work.
Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other
similar taxes.
Contractor shall enforce strict discipline and good order among Contractor's employees and other
persons carrying out the Work. Contractor shall not permit employment of unfit persons or persons
not skilled in tasks assigned to them.
Contractor currently holds and shall maintain at all times during the term of this Contract all required
federal, state and local licenses necessary to perform the Work required under the Contract
Documents.
Contractor shall be responsible to the City for the acts and omissions of Contractor's employees,
Subcontractors and their agents and employees, and other persons performing portions of the Work
under a contract with Contractor. Contractor shall indemnify, defend and hold City harmless from all
claims arising out of or related to its performance of the Work except for acts arising solely from the
active negligence of the City.
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7.2 START OF CONSTRUCTION
The Contractor shall commence work on the date specified in the Notice to Proceed subsequently
issued by the City, or as specifically noted in any Contract Addendum. However, in no case shall the
Contractor 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 shall complete, in an acceptable manner, all of the Work in the time stated in the
Contract Agreement and any Addenda or Change Orders thereto. The contract time is 90 consecutive
calendar days from start of work date.
7.4 SCHEDULE OF COMPLETION
The Contractor's schedules are subject to the approval of the City, which shall not be unreasonably
withheld, and shall reflect a logical sequence of the various components of work and the anticipated
rates of production necessary to complete the Work on or before the completion 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 City on the twenty-fifth (25th) day of
every month with the Contractor's pay request.
7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE
The Contractor shall coordinate its work with other contractors, the City, and utilities to assure orderly
and expeditious progress of work.
The City shall hold a pre -construction conference at Sebastian City Hall at a time and date mutually
agreed upon with the Contractor after the Contract has been awarded and fully executed.
7.6 PROPERTY OF OTHERS
A. Public Ownership
The Contractor shall be responsible for the preservation of all public property, trees, monuments, etc.,
along and adjacent to the street and/or right-of-way, and shall use every precaution necessary to
prevent damage or injury thereto. He shall use suitable precautions to prevent damage to pipes,
conduits and other underground structures, and shall protect carefully from disturbance or damage all
monuments and property marks until a land surveyor has witnessed or otherwise referenced their
location and shall not remove them until so directed by the Engineer in writing. The City shall remove
and relocate all traffic control signs as required.
B. Private Ownership
Mail and newspaper boxes, sprinkler systems, ornamental shrubs, lawn ornaments, house numbers,
fences, etc. may be removed and relocated by the property 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 relocated by the start of construction, the
Contractor shall remove the objects, in a manner which does not damage or injure the objects at no
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extra cost to the City, which interfere with the construction of 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 property for any purpose without obtaining
permission from the property Owner thereof. Where extensive intrusions upon private property are
required for construction, the City and Contractor shall cooperate to obtain Temporary Construction
Easements from the landowner.
7.7 PROTECTION OF EXISTING UTILITIES AND FACILITIES
All utilities and all structures of any nature, whether below or 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 disturbed or damaged by Contractor
forces during the progress of the Work; provided that, should the Contractor disturb, disconnect or
damage any utility or any structure, all expenses of whatever nature arising from such disturbance or
the replacement or repair and testing thereof shall be borne by the Contractor.
7.8 CROSSING PUBLIC FACILITIES
When new construction crosses highways, railroads, streets or similar public facilities under the
jurisdiction of state, county, city, or 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 will be required to furnish evidence of compliance with conditions of the permit from
the proper authority before final acceptance of the Work by City. Road closures are governed by
Paragraph 8.3.
7.9 CHANGES IN THE WORK
The City may order changes in the Work through additions, deletions or modifications without
invalidating the Contract; however, any change in the scope of work or substitution of materials shall
require the written approval of the City. Compensation and time 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 shall be classed as changes in the Work. The Contractor shall do such changes in the
Work and furnish such materials, labor and equipment as may be required for the proper completion of
construction of the work contemplated. In the absence of such written order, no claim for changes in
the Work shall be considered. Changes in the Work shall be performed in accordance with the
Specifications where applicable and work not covered by the specifications or special provisions shall
be done in accordance with specifications issued for this purpose. Changes in the Work required in an
emergency to protect life and property shall be performed by the Contractor as required.
7.10 EXTENSION OF CONTRACT TIME
No extension of time shall be valid unless given in writing by the City. No monetary compensation
shall be given for such delay.
A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to
an extension of time in which to complete the Work as determined by the City provided, 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 City's Project
Manager when said Project Manager determines that weather conditions make it counterproductive to
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work on said days. "Rain day" requests 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 Contractor shall be
granted an extension of time to complete the Work for as many calendar days as the Work was
suspended; except, however, that the Contractor will not 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
Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements of
the Contract Documents, whether observed before or after completion of the Work and whether or not
fabricated, installed or completed, and shall correct any Work found to be not in accordance with the
requirements of the Contract Documents within a period of one (1) year from the date of completion of
the Work or by the terms of an applicable special warranty required by the Contract Documents. The
provisions of this Paragraph apply to the Work done by Subcontractors as well as to the Work done by
direct employees of Contractor.
Nothing contained in this Paragraph shall be construed to establish a period of limitation with
respect to other obligations which Contractor might have under the Contract Documents.
Establishment of the time period of one (1) year as described in Subparagraph 7.11(a) above
relates only to the specific obligation of Contractor to correct the Work, and has no effect on the
time within which the obligations of the Contract Documents may be enforced, nor to the time
within which proceedings may be commenced to establish Contractor's liability with respect to
Contractor's remaining contractual obligations.
7.12 LIQUIDATED DAMAGES
In the event Contractor violates or fails to perform any provision of the Contract Documents, then the
City may elect to receive, and Contractor agrees to pay, liquidated damages in the amount of one
hundred dollars ($100)per day beyond the agreed completion date. Inspection of the Work by the City
and the subsequent issuance of a notice by the City indicating substantial completion will be the date
used to signify work completion. If completion is beyond the schedule agreed upon, liquidated
damages may be imposed by the City on the Contractor and will be withheld from payment.
It is expressly acknowledged by Contractor that said payment shall not be interpreted nor construed as
a penalty but is in fact a good faith attempt to fix damages which the City will suffer in the event
Contractor fails to perform as required hereunder or violates any provision of the Contract Documents.
8.0 PUBLIC HEALTH AND SAFETY
8.1 PROTECTION OF PERSONS AND PROPERTY
The Contractor shall submit, for the City's approval, a project safety and security plan which
describes the Contractor's plans and procedures to protect the safety and property of property owners,
residents, and passers-by. The plan shall describe measures and precautions to be taken during
working hours and non -working hours.
A. Safety Precautions and Programs
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The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work in accordance with the U.S. Department of Labor
Occupational Safety and Health Act and the laws of the State of Florida.
This Contract requires that the Contractor and any and all subcontractors hired by the Contractor
comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with
the Act constitutes 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 committed by the Contractor or any and all subcontractors.
B. Safetv of Persons and Pronertv
The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable
protection to prevent damage, injury or loss to, all employees on the Work and all 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 other property on the 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 shall be held fully responsible for such safety and protection until final written
acceptance of the Work.
Fire hydrants on or adjacent to the Work shall be kept accessible to fire fighting equipment at all
times. Temporary provisions shall be made by the Contractor to insure the proper functioning of all
swales, gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed
except as approved by the City. The Contractor acknowledges that, in executing the Project, it will
operate machinery and equipment that may be dangerous to the adjacent property owners and the
general public. The Contractor will be required to conduct excavations for the Project that may be
hazardous to person and property. The Contractor shall develop and implement a job safety and
security plan that will adequately protect all property and the general public.
Contractor shall rigorously prohibit the committing of nuisances on the site of the Work, on the lands
of the City or an adjacent property.
8.2 TRAFFIC CONTROL
All safety precautions, traffic control, and warning devices necessary to protect the public and
workmen from hazards within the right-of-way shall be in strict accordance with SECTION 102,
MAINTENANCE OF TRAFFIC, in the Florida Dept. of Transportation (FDOT) Std. The State of
Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction,
Maintenance and Utility Operations Specifications for Road and Bridge Construction, latest edition
shall be used as minimum standards, as applicable.
Further, the Contractor shall 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 traffic shall be maintained within the limits of the Project for the duration of the construction
period. Closing to through travel of more than two (2) consecutive blocks, including the cross street
intersected will not be permitted without specific authorization of the City. No road or street shall be
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closed to the public except with the permission of the City and proper governmental authority. When
closing of roads is permitted, it shall require forty-eight (48) hours notification to the City. Traffic
detours shall be pre -approved prior to closing. "Street Closed to through Traffic" signs and "Detour"
routes shall be indicated and maintained by the Contractor when the job is located in a public or
private street.
8.4 PROVISION OF ACCESS
Where traffic must cross open trenches, the contractor shall provide adequate ingress and egress to
dwellings, business facilities, utilities and service. Temporary provisions shall be made by the
Contractor to insure the use of sidewalks. The Contractor shall provide suitable crossings at street
intersections and driveways, and supply such aid as may be required for pedestrians and motorists,
including delivery vehicles, to safely negotiate the construction areas.
On completion of Work within any area, the Contractor shall remove all debris, excess materials,
barricades and temporary Work leaving walkways and roads in said area clear of obstructions.
8.5 WARNING SIGNS AND BARRICADES
The Contractor shall provide adequate signs, barricades, warning lights and flagmen, as required, and
all such other necessary precautions for the protection of the Work and the safety of the public. All
barricades and obstructions shall be protected at night by regulatory signal lights which shall be kept
in operation from sunset to sunrise.
Barricades shall be of substantial construction and shall be reflective to increase their visibility at
night. Suitable warning signs shall be so placed and illuminated at night as to show in advance where
construction, barricades or detours exist. Unless so designated in the Bid Documents, no direct
payment for this work will be made, but the cost of providing, erecting and maintaining such
protection devices, including guards, watchmen and/or flagmen as required shall be considered as
included and paid for in the various contract prices of the Work.
Warning signs and barricades shall be in conformance with the State of Florida, Manual of Traffic
Control and Safe Practices for Street and Highway Construction, Maintenance and Utility
Operations, latest edition.
The Contractor shall provide and maintain adequate barricades, construction signs, torches, flashers,
guards and flagmen as required in pedestrian and vehicular traffic areas. Regulations of local
authorities shall be compiled with. Advance warning signs are required on all streets where work is
being conducted. Lane closures shall be signed and barricaded or coned as indicated in
aforementioned FDOT Index. Flagmen may be required where traffic and length of lane closure
warrant them. Where such a plan is needed, Contractor shall submit and obtain approval of their
traffic control plan by the City.
8.6 OPEN TRENCHES
The Contractor shall fully comply with Florida Statutes and OSHA regulations with regard to open
trenches during construction. The Contractor shall be place construction hazard fencing along any
open trenches during the construction work -day, and shall leave no open trenches or excavations over-
night unless properly fenced and with the specific approval of the Engineer or the City.
8.7 PLACEMENT OF HEAVY EQUIPMENT
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The Contractor shall not leave construction equipment parked in front of or on a residential lot
overnight or on weekends. At the close of work each day, the equipment shall be driven to and stored
in a designated area so that the equipment will not become an "attractive nuisance" to neighborhood
children. All equipment left unattended during the course of working day, such as during lunch hours
or work breaks, shall not be left in a condition or location which would create a safety hazard to the
general public. All keys shall be removed from the machines during those times.
8.8 TEMPORARY FACILITIES AND CONTROLS
The Contractor shall provide controls for sanitary facilities, environmental protection and safety
controls on site acceptable to the Florida Department of Health and Rehabilitative Services,
Department of Environmental Protection, and St. Johns River Water Management District.
8.9 SANITARY PROVISION
The Contractor shall provide and maintain such sanitary accommodations adequate for the use of his
employees and those of his subcontractors, and as may be necessary to comply with the requirements
and regulations of the local and state departments of health.
Such facilities shall be made available when the first employees arrive on site of the Work, shall be
properly secluded from public observation, and shall be constructed and maintained during the
progress of the Work in suitable numbers and at such points and in such manner as may be required or
approved.
The Contractor shall maintain the sanitary facilities in a satisfactory and sanitary condition at all times
and shall enforce their use. 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 period of
necessity for such accommodations, they and all evidence affixed 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 Contractor shall provide and pay for any temporary piping and connections.
8.11 NOISE CONTROL
The Contractor shall provide adequate protection against objectionable noise levels caused by the
operation of construction equipment, and shall submit a plan to the Engineer for review prior to
initiation and implementation of the plan.
8.12 DUST CONTROL
The Contractor shall provide for adequate protection against raising objectionable dust clouds caused
by moving construction equipment, high winds or any other cause, and shall submit a plan to the
Engineer for review prior to initiation and implementation of the plan.
8.13 WATER CONTROL
The Contractor shall provide for satisfactory disposal of surplus water and shall submit a plan to the
Engineer for review prior to initiation and implementation of the plan. Prior approval shall be
obtained from the proper authorities for the use of public or private lands or facilities for such
disposal.
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8.14 POLLUTION, SILTATION AND EROSION CONTROL
The Contractor shall provide for and take sufficient precautions to 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 not limited to, fuels, oils bitumen, calcium chloride or
other harmful materials.
Contractor shall conduct and schedule Work operations so as to avoid or otherwise minimize pollution
or silting of streams, lakes and reservoirs and to avoid interference with movement of migratory fish
where there is a high potential for erosion and subsequent water pollution.
Erosion control features shall be constructed concurrently with other work and at the earliest
practicable time.
The Contractor shall prepare a detailed description of Contractor's plan for Erosion and Turbidity
Control, 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 requirements of the St. John's
River Water Management District and the applicable City's NPDES program for control of discharge
of Total Suspended Matter, and shall prevent water and wind erosion of open excavations and swales.
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ARTICLE III - Supervision and Administration
9.0 ENGINEER, CITY, CONTRACTOR RELATIONS
9.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY
All work done shall be subject to the construction review of the Engineer and City. Any and all
technical questions which may arise as to the quality and acceptability of materials furnished, work
performed, or work to be performed, interpretation of Plans and Specifications and all technical
questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred
to the Engineer who will resolve such questions.
9.2 ENGINEER'S DECISION
All claims of a technical nature of the City or Contractor shall be presented to the Engineer for
resolution.
9.3 SUSPENSION OF WORK
The City shall have the authority to suspend the Work wholly or in part, for such periods as may be
deemed necessary and for whatever cause, to include but not be limited to, unsuitable weather or such
other conditions as are considered unfavorable for prosecution of the Work, failure on the part of the
Contractor to carry out the provisions of the Contract or to supply materials meeting the requirements
of the Specifications, or the action of a governmental agency, by serving written notice of suspension
to the Contractor. In the event that the Engineer shall become aware of any condition which may be
cause for suspension of the Work, the Engineer shall immediately advise the City of such condition.
The Contractor shall not suspend operations under the provisions of this Paragraph without the City's
permission.
9.4 CONSTRUCTION REVIEW OF WORK
All materials and each part or detail of the Work shall be subject at all times to construction review by
the Engineer and the City. The Engineer and the City may appoint inspectors. The Contractor will be
held strictly to the true intent of the Specifications in regard to quality of materials, workmanship, and
the diligent execution of the Contract. Such construction review may include mill, plant, or shop
inspection, and any material furnished under the Specifications 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
information and assistance by the Contractor as is required to make a complete and detailed review.
The City shall not be responsible for the acts or omissions of the Contractor.
9.5 FIELD TESTS AND PRELIMINARY OPERATION
The Contractor shall perform the work of placing in operation all equipment installed 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 operation of the equipment
installed under this Contract.
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The Contractor shall notify the City when work is considered to be complete, in operating condition,
and ready for inspection and tests. Further inspection requirements may be designated in the Technical
Specifications.
The City will conduct tests it deems necessary to determine if the Work functions properly.
Arrangements for testing laboratory services will be made by the City. Payment for testing to show
compliance with specified requirements will be paid for by the City. The cost of retesting when
materials and workmanship fail to meet specified requirements will be deducted from moneys due the
Contractor.
9.6 EXAMINATION OF COMPLETED WORK
The City may request an examination of completed work of the Contractor at any time before
acceptance by the City of the Work and shall remove or uncover such portions of the finished work as
may be directed. After examination, the Contractor shall restore said portions of the Work to the
standard required by the Specifications. Should the work thus exposed or examined prove acceptable,
the uncovering or removing and the replacing of the covering or making good of the parts removed
shall be paid for as extra work, but should the work so exposed or examined prove unacceptable, the
uncovering, removing and replacing shall be at the Contractor's expense.
9.7 CONTRACTOR'S SUPERINTENDENT
A qualified superintendent, who is acceptable to the City, shall be maintained on the project and give
sufficient supervision to the Work until its completion. The superintendent shall have full authority to
act on behalf of the Contractor, and all communications given to the superintendent shall 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 Contract Documents,
including any requirements with respect to the Schedule of Completion, and after five (5) days written
notice to the Contractor, the City may, without prejudice to any other remedy he may have, correct
such deficiencies. The Contractor shall be charged all costs incurred to correct deficiencies.
9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE 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 termination to the Contractor stating the cause for such
action. This Agreement may be terminated by the City without cause provided at least thirty (30) days
written notice of such termination shall be given to the Contractor. In the event of termination, the City
may take possession of the Work and of all materials, tools and equipment thereon and may finish the
Work by whatever method and means it may select.
It shall be considered a default by the Contractor whenever Contractor shall:
(a) Declare bankruptcy, become insolvent or assign his assets for the benefit of his
creditors.
(b) Disregard or violate the provisions of the Contract Documents or City's written
instructions, or fail to prosecute the Work according to the agreed schedule of
completion including extensions thereof.
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(c) Fail to provide a qualified superintendent, competent workmen or subcontractors, or
proper materials, or fail to make prompt payment for same.
9.10 RIGHTS OF VARIOUS INTERESTS
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 shall be established by the City,
to secure the completion of the various portions of the Work in general harmony.
9.11 SEPARATE CONTRACTS
The City may let other contracts in connection with the Work of the Contractor. The Contractor shall
cooperate with other Contractors with regard to storage of materials and execution of their work. It
shall be the Contractor's responsibility to inspect all work by other contractors affecting Contractor's
work and to report to the City any irregularities that will not permit completion of work in a
satisfactory manner.
Contractor's failure to notify the City of such irregularities shall indicate the work of other contractors
has been satisfactorily completed to receive related 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 submit in writing
to the City the names of the subcontractors proposed for the Work. Subcontractors 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 omissions of its subcontractors and their direct or indirect employees, to the same extent as he
is responsible for the acts and omissions of its employees. The Contract Documents shall not be
construed as creating a contractual relation between any subcontractors and the City. The Contractor
shall bind every subcontractor by the terms of the Contract Documents.
For convenience of reference and to facilitate the letting of contracts and subcontracts, the
Specifications are separated into title sections. Such separations shall not, however, operate to make
the Engineer or City an arbiter to establish limits to the contracts between the Contractor and
subcontractors.
9.13 WORK DURING AN EMERGENCY
The Contractor shall perform any work and shall furnish and install materials and equipment necessary
during an emergency endangering life or property. In all cases, Contractor shall notify the Engineer
and City of the emergency as soon as practicable, but shall not wait for instructions before proceeding
to properly protect both life and property.
9.14 ORAL AGREEMENTS
No oral order, objection, claim or notice by any party to the others shall affect or modify any of the
terms or obligations contained in any of the Contract Documents, and none of the provisions of the
Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other
than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be
introduced in any proceeding of any other waiver or modification.
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9.15 NIGHT, SATURDAY AND/OR SUNDAY WORK
No night or Saturday and Sunday work will be permitted, except in case of emergency, or with prior
approval from City, and then only to such extent as is absolutely necessary to protect life or property.
This clause shall not pertain to crews organized to perform restoration work which needs no verifying
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. All such night, Saturday and/or
Sunday work must be authorized by the City.
9.16 UNAUTHORIZED WORK
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 Contractor's risk
and will be considered unauthorized, and, at the option of the City, may not be measured and paid for.
9.17 USE OF COMPLETED PORTIONS OF THE WORK
The City shall have the right to use, occupy, or place into operation any portion of the Work that has
been completed sufficiently to permit safe use, occupancy, or operation, as determined by the
Engineer. If such use, occupancy, or operation increases the cost of or delays the Work, the Contractor
shall be entitled to extra compensation, or an extension of time, or both, as determined by the
Engineer. However, if Contractor has failed to complete the Work in accordance with the time
requirements of the Agreement, no compensation (including set -offs to liquidated damages) shall be
allowed for such use or occupancy.
9.18 CONTRACTOR'S RESPONSIBILITY 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 the
elements or from any other cause whatsoever, whether arising from the execution or from the non -
execution of the Work. The Contractor shall rebuild, repair, restore and make good, without additional
compensation, all injury or damage to any portion of the Work occasioned by any cause, other than the
sole and active negligence of the City, before its completion 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 Contract, 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 profit and overhead within ten (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.
10.2 REQUEST FOR PAYMENT
The Contractor may submit to the City not more than once each month a request for payment for work
completed. Where applicable, the Contractor may choose to submit a request for payment at the
substantial completion of each work order. The City may elect to provide its own form for the
Contractor to submit progress payment requests. The standard form provided by the City, or a form
presented by the Contractor having received prior approval from the City, can be used for the
submittal of a progress payment.
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The Contractor shall furnish the Engineer and the City all reasonable facilities required for obtaining
the necessary information relative to the progress and execution of the Work. In addition to each
month's invoice, an updated project schedule shall be submitted.
Each request for payment shall be computed from the work completed to date on all items listed in the
detailed breakdown of the contract amount less previous payments and back charges. Progress
payments on account of Unit Price Work will be based on 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
location agreed to in writing, the payment request shall also be accompanied by a bill of sale, invoice
or other documentation warranty that the City has received the materials and equipment free and clear
of all liens, charges, security interests and encumbrances, all of which shall be satisfactory to the City.
No payments shall be made for materials stored on site without approval of the City.
An amount of 10% of each monthly pay request shall be retained until final completion and written
acceptance of the Work by the City. Payment of the retainage shall be included in the Contractor's
final pay request in accordance with Paragraph 10.14. 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 payment shall be accompanied by claim releases for work done or materials furnished
in accordance 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 the following:
(a) That the work covered by the request for payment has been completed in accordance
with the intent of the Plans and Specifications.
(b) That the quantities of work have been completed as stated in the request for payment,
whether for a unit price contract or for payment 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 City shall do one of the
following:
(a) Approve and pay the request for payment as submitted.
(b) Approve and pay such other amount of the request for payment in accordance
with Paragraph 10.4 as the City shall decide is due the Contractor, informing
the Contractor in writing of the reasons for paying the amended amount.
(c) Disapprove the request for payment in accordance with Paragraph 10.4 informing
the Contractor in writing of the reasons for withholding payment.
10.4 CITY'S RIGHT TO WITHHOLD PAYMENT OF A REQUEST FOR PAYMENT
The City may withhold payment in whole or in part on a request for payment to the extent necessary
for any of the following reasons:
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(a) Work not performed but included in the request for payment, or the contract Price
has been reduced by written change order.
(b) Work covered by the request for payment which is not in accordance with the
Plans, Specifications and generally accepted construction practices, including if, in
the opinion of the City, there is sufficient evidence that the Work has not 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 filing of a claim or lien, or information received by City of a
potential filing of a claim or lien against the Contractor or City.
(d) Failure of the Contractor to make payments to subcontractors, material suppliers
or labor.
(e) Damage to another contractor.
(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 recommended.
(g) Default of any of the provisions of the Contract Documents.
10.5 PAYMENT FOR UNCORRECTED WORK
Should the City direct, in writing, the Contractor not to correct work that has been damaged or that
was not performed in accordance with the Contract Documents, an equitable deduction from the
contract amount shall be made to compensate the City for the uncorrected work.
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 Contractor shall pay the cost of replacing
the destroyed 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 same within thirty (30) days after written notice to pay is given by the
City. If the Contractor does not pay the expenses of such removal, after ten (10) days written notice
being given by the City of its intent to sell the materials, the City may sell the materials and shall pay
to the Contractor the net proceeds there from after deducting all the costs and expenses that are
incurred 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 Contractor.
10.7 CHANGES IN THE WORK
A. Change Orders
If conditions require a change in the scope of work or additional work varying from the original Plans
or Specifications, such change shall be effected by the Contractor when the City issues a written
Change Order. The Change Order shall set forth in complete detail the nature of the change, the
change in the compensation to be paid the Contractor and whether it is an addition or a reduction of
the original total contract cost. Should additional or supplemental drawings be required, they will be
furnished by the Engineer. All Change Orders shall address the impact of the change on both Contract
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Price / Cost and Contract Time / Schedule.
Compensation to be paid to the Contractor for accomplishing the work of a Change Order shall be
established in one of the following ways:
(a) By lump sum proposed by the Contractor and accepted by the City.
(b) By unit prices established and agreed to.
(c) By unit prices established for additional kinds of work.
(d) By other methods as may be mutually agreed upon.
(e) By force account wherein the Contractor provides the labor and materials at
Contractor's direct cost plus 15% for overhead and profit. When the force account
method is used, the Contractor shall provide full and complete records of all costs for
review by the City.
B. Claims
Claims arising from changes or revisions made by the Contractor at the City's request shall be
presented to the City before work 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 shall
notify the City in writing of its intention to make claim for extra compensation before work begins on
which the 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 obligated to pay the
Contractor if the City is not notified as described above. The Contractor may refuse to perform
additional work 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 of the costs as aforesaid shall not in
any way be construed as proving the validity of the claim.
10.8 CANCELED ITEMS OF WORK
The City shall have the right to cancel those portions of the contract relating to the construction of any
item provided therein. Such cancellation, when ordered by the City in writing, shall entitle the
Contractor to the payment of a fair and equitable amount covering all costs incurred by Contractor
pertaining to the canceled items before the date of cancellation or suspension of the Work. The
Contractor shall be allowed a profit percentage on the materials used and on construction work
actually done, at the same rates as provided for "Changes in the Work", but no allowance will be made
for anticipated profits. Acceptable materials ordered by the Contractor or delivered on the site before
the date of such cancellation or suspension shall be purchased from the Contractor by the City at actual
cost and shall thereupon become the property of the City.
10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY
If the Work or any part thereof shall be suspended by the City as provided in Paragraph 9.3, the
Contractor will then be entitled to payment for all work done except as provided in Paragraph 10.4.
10.10 PAYMENT FOR WORK BY THE CITY
The cost of the work performed by the City removing construction materials, equipment, tools and
supplies in accordance with Paragraph 5.7 and in correcting deficiencies in accordance with Paragraph
9.8 shall be paid by the Contractor.
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10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION OF CONTRACT
A. Termination by 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 of the Work under this
Agreement and the Contractor shall be held harmless for the work of others. No further payments shall
be due the Contractor until the 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 all overhead costs,
Contractor shall be paid up to the amount of the excess balance on a quantum meruit basis for the
work done prior to termination. If the cost of completing the Work shall exceed the unpaid balance,
the Contractor or its Surety shall pay the difference to the City. The cost incurred by the City as herein
provided shall include the cost of the replacement contractor and other expenses incurred by the City
through the Contractor's default. In either event, all work done, tracings, plans, specifications, maps,
computer programs and data prepared by the Contractor under this Agreement shall be considered
property of the City.
B. Termination by City Without Cause
In the event the City without cause abandons, terminates or suspends this Agreement, the Contractor
shall be compensated for services rendered up to the time of such termination on a quantum meruit
basis and any work done or documents generated by the Contractor shall remain the property of the
City.
10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY
The Contract will be considered complete when all work has been finished, the final construction
review is made by the Engineer, and the project accepted 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
Claim on a form supplied by the City. Also, from each supplier or subcontractor who has notified the
City of his right to file a Claim (Notice to City) or who is listed in the Contractor's Affidavit and
Release of Claim as an unpaid, potential Claimant, a Claimant's Sworn Statement of Account,
executed by the supplier or subcontractor, must be attached to each request for payment.
If the completed forms are not supplied with the request for payment, the City will notify Contractor of
the outstanding claims of record and, if said completed form(s) are not supplied within thirty (30)
days, the City shall make joint payments to the Contractor and outstanding claimants.
10.14 ACCEPTANCE AND FINAL PAYMENT
When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and
Engineer that the Work has been completed in accordance with the terms of the Contract Documents,
the Engineer shall certify completion of the Work to the City. At that time, the Contractor may submit
the Contractor's final request for payment. The Contractor's final request for payment shall be the
contract amount plus all approved written additions less all approved written deductions and less
previous payments made. As a condition for Final payment, a Contractor's Final Affidavit must be
received by the City along with his Final Payment Request and any as -built drawings which may be
required. The Contractor shall furnish full and final releases of Claim for labor, materials and
equipment incurred in connection with the Work, following which the City will release the Contractor
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except as to the conditions of the performance bond, any legal rights of the City, required guarantees
and satisfaction of all warranty work, and shall authorize payment of the Contractor's final request for
payment.
10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT
The making of the final payment by the City to the Contractor shall not relieve the Contractor of
responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty
materials and workmanship and the Contractor shall promptly replace any such defects discovered
within one (1) year from the date of final written acceptance of the Work by the City.
11.0 PUBLIC CONTRACT REOUIREMENTS
11.1 COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for the Contractor, to solicit or secure this Agreement and that it has not
paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide
employee working solely for the Contractor, any fee, commission, percentage, gift or any other
consideration contingent upon or resulting from the award or making of this Agreement. For the
breach or violation of this paragraph, the City shall have the right to terminate the Agreement without
liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount
of such fee, commission, percentage, gift or consideration.
11.2 INTEREST OF MEMBERS OF CITY AND OTHERS
No officers, members or employees of the City and no member of its governing body, and no other
public official of the governing body of the locality or localities in which services for the facilities are
situated or carried out, who exercises any functions or responsibilities in the review or approval ofthe
undertaking or carrying out of this project, shall participate in any decision relating to this Agreement
which affects such person's personal interest, or have any personal or pecuniary interest, direct or
indirect, in this Agreement or the proceeds thereof.
11.3 CERTIFICATION OF RESTRICTIONS 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 influencing 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 Federal Grant, the making of any Federal loan, the entering into of any cooperative
agreement and the extension, continuation, renewal, amendment or modification of any Federal
contract, Grant, loan or cooperative agreement.
If any funds other than Federal appropriated funds have been paid by the Contractor 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 or an employee of a member of Congress in connection
with this Agreement, the undersigned shall complete and submit Standard Form- "Disclosure Form to
Report 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 of services required to be
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performed under this Agreement. The Contractor 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 its duties as the City's Contractor without the prior written
consent of the City during the term of this Agreement. Any work where the Contractor can reasonably
anticipate that it may be called to testify as a witness against the City in any litigation or administrative
proceeding will 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 person or affiliate as defined in Section 287.133 (1) Florida Statutes, has been
convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of
said statute.
11.6 DRUG-FREE WORKPLACE
The Agreement documents also include the "Drug -Free Workplace Form" which is in accordance
with Florida Statute 287.089 and must be signed and instituted.
11.7 COMPLIANCE WITH LAWS
Contractor shall 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 Endangered Species Act (16
USC § 1531, et seq.), Executive Order No. 11593, Executive Order No. 11988, Executive Order No.
11990, The Fish and Wildlife Coordination Act (PL 85-624), The Safe Water Drinking Act Section
1424(e) (PL 93-523, as amended), The Wild and Scenic Rivers Act (PL 90-542, as amended), The
Demonstration Cities and Metropolitan Development Act of 1966 (PL 89-754), Section 306 of The
Clean Air 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 Act (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 (PL 101-336).
11.8 INSURANCE
The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and
maintain said insurance during the life of this agreement:
(a) Workers' Compensation - Contractor shall purchase workers' compensation
insurance as required by law.
(b) Commercial General Liability - Contractor shall purchase Commercial General
Liability insurance with a combined single limit of at least $1,000,000.
(c) Commercial Auto Liability - Contractor shall purchase Commercial Auto Liability
insurance with a combined single limit of at least $1,000,000.
Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations
under Paragraph 9.18 for the Work paid for by the City but not yet accepted.
The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The
Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice
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of their intent to cancel or terminate said insurance. It is the full responsibility of the contractor to
insure that all sub -contractors have full insurance coverage as stated above.
The Contractor shall not commence the Work under this contract until Contractor 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 a subcontract until all
insurance required has been so obtained and approved by the City. The Contractor shall carry and
maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect
Contractor and any subcontractor performing work under this Contract, or the City, from all claims
and liability for damages for bodily injury, including accidental death, under this Contract, whether by
Contractor 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 duplicate showing proof of
insurance, naming the City as an additional insured party, prior to the start of construction as provided
in the Contract.
11.9 BOND
The Contractor shall provide Bonds in the form prescribed by State Law, and generally as shown in
these Documents, for Performance and Payment, each in the amount of 100% of the total contract
amount.
11.10 PERMITS
All City and St. John's River Water Management District permits and other permits necessary for the
prosecution of the Work shall be secured by the City, except for Contractor's licenses and
registrations, and dewatering permits that may be required by St. Johns River Water Management
District (SJRWMD). Contractor shall secure a building permit if required by the City's Building
Official.
11.11 LAWS TO BE OBSERVED
The Contractor shall give all notices and comply with all federal, state and local laws, ordinances,
permit requirements and regulations in any manner affecting the conduct of the Work, and all 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 against any expense, claim or
liability arising from, or based on, the violation of any such law, ordinance, regulation, permit
requirements, order or decree, whether by Contractor or its employees. The failure of the Contractor to
adhere to any known law or regulation pertaining to furnishing services under this Agreement shall
constitute a material breach of this Agreement.
The Contractor shall keep fully informed of all existing and pending state and national laws and
municipal ordinances and regulations in any manner affecting those engaged or employed in the Work,
or in any way affecting 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, Contractor shall forthwith report the
same to the Engineer and City in writing. Contractor shall at all times himself observe and comply
with and cause all its agents, subcontractors and employees to observe and comply with decrees; and
shall protect and indemnify the City and Engineer, their officers, employees and agents against any
expense, claim or liability arising from or based upon violation of any such law, ordinance,
regulations, orders or decree, whether by Contractor or its employees.
All building construction work alterations, repairs or mechanical installations and appliances
connected therewith shall comply with the applicable building rules and regulations, restrictions and
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reservations of record, local ordinances and such other statutory provisions pertaining to this class of
work.
12.4 MISCELLANEOUS
12.1 ADDRESSES FOR NOTICES
All notices given under or in connection with any of the Contract Documents shall be delivered in
person or by telegraph or email (confirmed) or registered or certified mail to the parties at the address
as either party may by notice designate.
12.2 WRITTEN NOTICE
Written notice shall be considered as served when delivered to the designated representative of the
Contractor and receipt acknowledged or sent by registered mail to the individual, firm, or corporation
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 TAXES
Contractor shall pay all sales or other taxes of any type which may be incurred in connection with the
Work hereunder, and shall reimburse the City for any such taxes paid by the City.
12.4 TIME IS OF VITAL IMPORTANCE
It is agreed and understood that time is of vital importance with respect to the completion date for the
Work and all other provisions of the Contract Documents.
12.5 NO WAIVER OF LEGAL RIGHTS
Neither the payment for, nor acceptance of the whole or any part of the Work by the City or
representatives of the City, nor 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 or any power therein reserved or any right therein reserved or
any right therein provided, nor shall the waiver by the City of any of the Contractor's obligations or
duties under this Agreement constitute a waiver of 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 Contractor, in the United States or in any other country. The City or its
assigns shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole
or in part, any reports, data, programs or other 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 contemplated by the City at the time the City entered this Agreement will be at the
City's risk and Contractor, its officers, directors and employees, will be held harmless from such use.
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12.7 PUBLIC RECORDS LAWS:
Contract Name: 2014 Sebastian Englar Drive Pavement Overlay
Project Description: Englar Drive Pavement Overlay
In accordance with the requirements of Chapter 119 Florida statutes, as amended, the contract between
the City of Sebastian and the Contractor shall require the contractor to:
a) Comply with the public records law of the State of Florida, as the same may be amended from
time to time.
b) Keep and maintain public records that ordinarily and necessarily would be required by the City
in order to perform services, and
C) Provide the public with access to public records on the same terms and conditions that the City
would provide the records and at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law, and
e) Meet all requirements of retaining public records and transfer, at no cost, to the City all public
records in possession of the contractor upon termination of the contact and destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure requirements. All
records stored electronically must be provided to the City in a format that is compatible with the
information technology systems of the City.
Authorized Signature: Date: 2Z
Print:
Title:
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the
day and year first above written.
ATT
Sally . Mai
MMC
(SEAL)
Approved as to Form and Content for:
Reliance by the City of Sebastian Only
45��� '/—�
Robert Ginsburg, City Attorney
Signed, sealed and delivered
in the presence of:
INAUV=
NAME:
THE CITY OF S BASTIAN
By: �--,
Name: Joseph Griffin
Title: City Manager
CONTRACTOR
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By:,/
Name:
Title: 42
ell