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SEBASTMN
HOME OF PEELCAN ISLAND
CERTIFICATE OF PROJECT COMPLETION
Date Accepted: 8/31/15
Project Name & #: FLEMING STREET PAVING A1534
Total Project Expenditures: $322.396.30
Project Location: FLEMING STREET (512 TO MAIN)
Contractor: TIMOTHY ROSE CONTRACTING
Contract Amount: $322,023.00
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
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City Manager
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SERASTII N
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN CHANGE ORDER FORM
CHANGE ORDER #: #2A PROJECT NAME:
(REVISED)
CONTRACTOR: Tim Rose Constructing, Inc. CONTACT NAME:
1360 SW Old Dixie Highway #106
Suite #06
Vero Beach, Fl, 32962 CONTRACT DATE:
Fleming Street Reconstruction /Widening
Main Street
Timothy Rose
March 25, 2015
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon
proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below
are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said
Contract are enjoined and in full force while executing the change(s) stipulated as follows:
DESCRIPTION:
On 3/25/15 Council approved the Fleming Street Reconstruction project for $322,023. On 4/8/15, Council
approved C.O. #1 for $82,966 that added the Main Street (Fleming to Wimbrow) asphalt overlay. Recently, it has
been suggested that Staff investigate widening that portion of Main Street from Fleming to Wimbrow, in addition
to the overlay. This Change Order #2 is for widening of Main Street from Fleming to Wimbrow an additional 3
feet on the south side of the road, within the city right-of-way. Change Order #2 is for $83,878.00.
A) CONTRACT PRICE PRIOR TO THIS CHANGE $ 322.023 +$82.966 = $404.989
NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE S 83.878
NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER S 488.867
B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) N/A
NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) N/A
NEW COMPLETION DATE INCLUDING THIS CHANGE 8/1/15
AGREED:
CONTjRAC7f3 CITY OF SEBASTIAN:
Date: Z —1-f'^ Date:
Authorized Signature AifthoriVO City Manager /
Approvals By City of Sebastian Staff:
_City Manager Authorization —cumulative amount less the 15% of contract price of $15,000 single change order.
=City Council A thofi atiioon —cumulative amount exceeds 15% of the contract price of $15,000 single change order.
(Meeting Date �•f )
CITY OF SEBASTIAN 1 /
City Manager ./ Da e
City Engineer as to engineering
Finance Director as to budget
City Attorney as to legal Sally A. Mai , MMC, City Clerk
S�TaN
HOME OF PELICAN ISLAND
CSI 'Z73c1 �I t�RY�ILI�\[ •�P ��►[ef �[� t 1
CHANGE ORDER #: 2
CONTRACTOR NAME: Tim Rose Contracting, Inc.
1360 SW Old Dixie Highway #106
Suite #06
Vero Beach, FL 32962
PROJECT NAME: Fleming Street Reconstruction/Widening of
Main Street
CONTACT NAME: Timothy Rose
CONTRACT DATE: March 25, 2015
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper
execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby
incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are
enjoined and in full force while executing the change(s) stipulated as follows:
DESCRIPTION:
On 3/25/15 Council approved the Fleming Street Reconstruction project for $327,023. On 4/8/15, Council
approved C.O. #1 for $82,966 that added the Main Street (Fleming to Wimbrow) asphalt overlay. Recently, it
has been suggested that Staff investigate widening that portion of Main St from Fleming to Wimbrow, in
addition to the overlay. This Change Order #2 is for the widening of Main St. from Fleming to Wimbrow an
additional 3 feet on the south side of the road, within the City right-of-way. Change Order #2 is for $83,878.
A) CONTRACT PRICE PRIOR TO THIS CHANGE $327,023+$82,966=$409,989
NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE $83,878
NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER -$493,867
B) CONTRACT TME PRIOR TO THIS CHANGE (NUMBER OF DAYS) N/A
NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) WA
NEW COMPLETION DATE INCLUDING THIS CHANGE 8////5
AGREED:
CoNTRAC' CITY OF SE TIAN•-
Date: !� ZS IJ Date:
Authortzed Signature Author' ?dCI anager
Approvals By City of Sebastian Staff:
ety Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order.
Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order.
(Meeting date G 2FF
CITY OF SEBASTIAN:
i
Date:
City Manager
City Engineer as to engineering
Finance Director '�� as to budget
City Attorney � 4r _�-as-to legal
MY OF
SEBASYM
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN CHANGE ORDER FORM
CHANGE ORDER #: #3
PROJECT NAME:
CONTRACTOR: Tim Rose Constructing, Inc. CONTACT NAME:
1360 SW Old Dixie Highway #106
Suite #06
Vero Beach, FL 32962 CONTRACT DATE:
Fleming Street Reconstruction /Widening
Main Street
Timothy Rose
March 25, 2015
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon
proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below
are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said
Contract are enjoined and in full force while executing the change(s) stipulated as follows:
DESCRIPTION:
Relocate mailboxes on Main Street
A) CONTRACT PRICE PRIOR TO THIS CHANGE S 322.023 + 166.844 = $488.867
NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE S 5.000
NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER S 493.867
B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) N/A
NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) N/A
NEW COMPLETION DATE INCLUDING THIS CHANGE 8/1/15
AGREED:
CONT R CITY OF SE ASTIAri:
Date: Date:
Authorized Signature AutlWkZed Cit' anager
Approvals By City of Sebastian Staff:
X City Manager Authorization —cumulative amount less the 15% of contract price of $15,000 single change order.
—City Council Authorization — cumulative amount exceeds 15% of the contract price of $15,000 single change order.
(Meeting Date )
CITY OF SEBASTIAN A �, l
City Manager
City Engineer KL7es [o engineering
Finance Director as to budget
City Attorney as to legal
Timothy Rose Contracting, Incorporated
1360 SW Old Dixie Highway
Suite # 106
Vero Beach, FL 32962
Phone # (772)564-7800
Fax # (772)564-7888
City Of Sebastian
Purchasing Division
1225 Main Street
Sebastian, FL 32958
Invoice
Invoice # 5921
Invoice Date: 7/2/2015
Payment Terms
Upon Receipt
Quantity
Description
Unit Price
Amount
1
Relocate Mailboxes
5,000.00
5,000.00
Total Invoice Amount $5,000.00
Thank you for your business.
Payments/Credits Applied $0.00
Balance Due $5,000.00
,try Y
SEB,.A.sT1giV
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN CHANGE ORDER
CHANGE ORDER #: 2 PROJECT NAME: Fleming Street Reconstruction/Widening of
Main Street
CONTRACTOR NAME: Tim Rose Contracting, Inc.
1360 SW Old Dixie Highway #106 CONTACT NAME: Timothy Rose
Suite #06
Vero Beach, FL 32962
CONTRACT DATE: March 25, 2015
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper
execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby
incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are
enjoined and in full force while executing the change(s) stipulated as follows:
DESCRIPTION:
On 3/25/15 Council approved the Fleming Street Reconstruction project for $327,023. On 4/8/15, Council
approved C.O. #1 for $82,966 that added the Main Street (Fleming to Wimbrow) asphalt overlay. Recently, it
has been suggested that Staff investigate widening that portion of Main St from Fleming to Wimbrow, in
addition to the overlay. This Change Order #2 is for the widening of Main St. from Fleming to Wimbrow an
additional 3 feet on the south side of the road, within the City right-of-way. Change Order #2 is for $83,878.
A) CONTRACT PRICE PRIOR TO THIS CHANGE $327,023+$82,966=$409,989
NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE $83,878
NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER $493,867
B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) N/A
NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) N/A
NEW COMPLETION DATE INCLUDING THIS CHANGE
AGREED:
CONTRACT li! CITY OF SE STIAN•-
�7
Date: 6 CLS IS Date:
Authorized Signature Authori d Ci anager
Approvals By City of Sebastian Staff:
City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order.
_City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order.
(Meeting date L 2A/
CITY OF SEBASTIAN:
Date:
City Manager
City Engineer as to engineering
Finance Director as to budget
City Attorney legal
�'
Sally A. Maio, C, City Clerk
Timothy Rose Contracting, Incorporated
1360 SW Old Dixie Highway
Suite # 106
Vero Beach, FL 32962
Phone # (772) 564-7800
Fax # (772)564-7888
Name/
City Of Sebastian
Purchasing Division
1225 Main Street
Sebastian, FL 32958
Project:
Fleming/Winbrow
QUOTATION
Date
Number
6/15/2015
15-050
Qty
Description
Unit Price
Amount
I
MOT
5,340.00
5,340.00
1
Sawcut & Remove Existing Driveways
14,482.00
14,482.00
I
Replace New Drives as needed
7,255.00
7,255.00
1
Excavate Existing Shoulders -4'
9,480.00
9,480.00
1
Place & Finish 4' Base Rock
19,791.00
19,791.00
1
Add 2 12" Asphalt - 3' Wide
24,778.00
24,778.00
1
Relocate 2 Mail Boxes
1,800.00
1,800.00
1
Add Sod - 3400 Sq Ft
952.00
952.00
Total 883,878.00
CRT OF
SEDAS
,T�KN
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN CHANGE ORDER
CHANGE ORDER #: No. 1
PURCHASE ORDER # N/A
CONTRACTOR: Tim Rose Contracting
ADDRESS: 1360 SW Dixie Highway
Vero Beach, FL 32962
PROJECT NAME: Fleming Street
Reconstruction Project
PROJECT #: N/A
PHONE #: 772-473-0095
CONTRACT NAME: Fleming St Reconstruction
CONTACT DATE: March 25, 2015
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein.
Upon proper execution of this document, the Contractor is hereby notified to commence work. All
changes stated below are hereby incorporated and made a part of the Contract identified above, and all the
terms and conditions of said Contract are enjoined and in full force while executing the change(s)
stipulated as follows:
Change order No. 1 is to add the Main Street asphalt paving from Fleming Street to Wimbrow Drive as
part of the Fleming Street Reconstruction project.
A) Contract Price Prior to this Change Order $322,023.00
Net Increase (Decrease) Resulting from this Change Order $ 82,966.40
New Contract Price Including this Change Order $404,989.40
B) Contract Time Prior to the Change Order (Number of Days) 90 days
Net Increase (Decrease) Resulting from the Change Order (Number of Days) 45 days
New Completion Date Including this Change Order 135 days
COM
Authorized Signature
Date: - 3�/ s r
Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check one):
_ City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order
_X— City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order
(meeting d to )
CITY OF S
Date:
City M ar �.�
--- Z //� / ATT ST
Project P
Finance
City Att,
to budget
to legal
i
Sally A. Ma' , MMC, City Clerk
Timothy Rose Contracting, Incorporated
1360 SW Old Dixie Highway
Suite # 106
Vero Beach, FL 32962
Phone # (772) 564-7800
Fax # (772)564-7888
Date
Change Order #
3/31/2015
15-033
•.,, ., ,�'iT . , a
t , I; ! r
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!'li11 #
lcl i
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My",-:,: f �•
Main Street Overlay
City Of Sebastian
Purchasing Division
Fleming Street to West End
1225 Main Street
Sebastian, FL 32958
Approved Yes No
S• ,�.
,.;.I
>f�,� ; , ��n . I � 4 .e,,, ,. . 3i �:;.x
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`I," , .�� � . � ,
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�!' l a� .;},s ,
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'�yIa�,i1tAIN
�....;:.:.
`IL'ti'..i.ii,:'
t.
��.::z.u.11
;IS y i,°.-�
1
Remove Grass from Edges - 4996 sq ft
1,749.00
1,749.00
1
Mill Tie Ins & Drives as needed
12,686.00
12,686.00
1
MOT
2,500.00
2,500.00
1
Chemical Spray Weeds & Grass
500.00
500.00
1
7096 sq yds - 1 1/2" S -I Asphalt
62,693.00
62,693.00
1
7096 sq yds - Tackless Tack
2,838.40
2,838.40
Thank you for your business.
Total $82,966.40
IL
0 'Itila
rl
/0101\ "FLEMING STREET RECONSTRUCTION AND PAVING"
Bid Due: No Later Than 2:00 P.M. on March 5,201
Bid Opening: Beginning at 2:00 P.M. on March 5, 2015
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 rep�ects 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 day 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.
f'R1 BID ITEMS — GENERAL
QUANTITY
$/UNIT
1.
Mobilization
1 LS
Zt-i�1'0u-p
2.
Remove grass pavement edge
9,600 LF
=5s./1
2.
Chemical treatment weeds/grass
1 LS
I coo '�ILS
3.
Reconstruction (Full Depth)
12,400 SY
:S.SQ /SY
4.
Cement
12,400 SY
�(o /SY
5.
Asphalt emulsion/oil
18,400 Gal
Z /Gallons
6.
Asphalt SP 9.5/Prime
1,380 TON
10 /TON
7.
MOT/Striping
1 LS
/LS
j Name of Firm (Please 'lie ar Print): v
c�td',\ tv -IAW 10
Firm's Address: O�
-SLOA.
Telephone Number(s): Fax Number(
—1
):
1\ Nu
i
Name and Ti@e of Repnseatative (Please Type or Print)
ot AwHermw MrEsernative to �gn
A-9
Total Bid
Email Address (es):
STATE OF FLORIDA)
COUNTY OF INDIAN RIVER)
CITY OF SEBASTIAN)
KNOWN ALL MEN BY THESE PRESENTS, that
TIMOTHY ROSE CONTRACTING, INC.
As Principal, and WESTFIELD INSURANCE COMPANY
as Surety, are held and firmly bound unto the City of Sebastian, in the penal sum of
5% OF AMOUNT OF BID (Dollars) $
lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the
Principal has submitted the accompanying bid dated , for:
FLEMING STREET RECONSTRUCTION AND PAVING
NOW THEREFORE,
(a) The Principal shall not withdraw said bid within ninety (90) days after date of
opening the same and shall within twenty (20) days after the prescribed forms are
presented to him for signature, enter into a written contract with the City, in accordance
with the proposal as accepted, and give bond with good and sufficient surety of sureties,
as required, for the faithful performance and proper fulfillment of such contract; and,
(b) In the event of the withdrawal of said bid within the period specified, or the
failure to enter into such contract and give bond within the time specified, if the principal
shall pay the City the difference between the amount specified in said bid and the amount
for which the city may procure the required work and supplies, if the latter amount be in
excess of the former, then the above obligation shall be void and of no effect, otherwise
to remain in full force and virtue.
IN WITNESS WHEREOF, the above -bounded parties have executed this
instrument under their several seals, this 25th day of FEBRUARY ,
2015 ,
The name and corporate seal of each corporate party being hereto affixed and these
presents duly signed by its undersigned representative. Pursuant to authority of its
governing body.
WITNESS:
If Sole Ownership or Partner ship, one
(1) Witness is required. If Corporation,
Secretary only will attest & affix seal.)
Surety Secretary
PRINCIPAL:
TIMOTHY ROSE CONTRACTING, INC.
Name of Firm
Affix S
ignatur of Authorized Officer)
1360 OLD DIXIE HWY SW, SUITE 106
(Business r s)
V.14A�AIK.1-3296?
) (State) (Zip)
SURETY:
WESTFIELD INSURANCE COMPANY
(Corporate Surety)
ffix Seal
(Signature of Authorize }
Cabot W. Lord. Attornev-in-Fact
(Title)
ONE PARK CIRCLE, P.O. BOX 5001
(Business Address)
WESTFIELD CENTER OH 44251-5001
(City) (State) (Zip)
STUART INSURANCE, INC.
(Name of Local Insurance Agency)
3070 SW MAPP ROAD PALM CITY. FL 34990
(Address)
The rate of premium of this bond is no charge For bid bonds
per thousand.
Total amount of premium charges -0-
(The above must be filled in by Corporate Surety.)
CERTIFICATES AS TO CORPORATE PRINCIPAL
1, knnaz . L" , certify that I am the
Secretary of the Co oration named as Principal in the within bond, that
I V, who signed the said bond on
behalf of TIMOTHY OSE CONTRACTING, INC. the principal, was then
e(r—i- of said corporation;
that I know his signature, and his signature hereto is genuine; and that said bond was duly
signed, sealed, and attested fro and on behalf of said corporation of its governing body.
(Corporate Seal)
State of Florida
County of Indian River
City of Sebastian
Before me, a Notary Public duly commissioned, qualified and acting, personally
appeared; to me well
known, who being by me grst duly sworn upon oath, says that he is the attorney in fact
for the , and that he has been authorized
by Contractor named therein favor of the City of Sebastian, Florida.
Subscribed and sworn to before me this day of ,
Notary Public
My Commission Expires
General POWER NO. 0990102 00
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
CERTIFIED COPY Ohio Farmers Insurance Co.
Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Com any" and collectively as "Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County. Ohio, do by these
presents make, constitute and appoint
CABOT W. LORD, JOSEPH E. COONS, JOINTLY OR SEVERALLY
of PALM CITY and State of FL its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship- - - - - - - - -- - - - - - - • • - - - - - - - - - - - - - - -- - - - - - - - • - - - - - - - - - - - - • - -- - • -
-LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
MAIMM, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
"Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for
and on behalf of the Company subject to the followingand provisions:
The Attorney -in -Fact. may be given full power authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary."
"Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting
held on February B, 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto
affixed this 21st day of MARCH A.D., 2014 .
Corporatrn ..-... - vb . ............... , . ,,,.wwuul,q„a
SealsSYR.IycF'�s �PS.o ../ s, , � WESTFIELD INSURANCE COMPANY
WESTFIELD NATIONAL INSURANCE COMPANY
Affixed.+o.o ' GA '•�''�=OHIO FARMERS INSURANCE COMPANY
� N SEAL ;rrnn? to:
1848
By:
State of Ohio...................
k••.•'' ”"'•ll"1 Dennis P. Baus, National Surety Leader and
County of Medina ss.: Senior Executive
On this 21st day of MARCH A.D., 2014 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did
depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which
executed the above instrument; that he knows the seals of said Companies: that the seals affixed to said instrument are such corporate seals; that
they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order.
Notarial a ,.« w"',
Seal OP. A L "'�
Affixed
State of Ohio 00
County of Medina ss.: q r 0 J
,rE OF �,
David A. Kotnik, Attorney at Law, Notary Public
My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 25th day of
February v,as %1% 2015,.Nw%0ONAe N••, :.. «•,,,,,,,,
Z -"s %11RaTfa • Val t
�z N SEAL
:m: a a SacTstary
y•.,•� .�,. = o 1846:' ; Frank A. Carrino, Secretary
BPOAC2 (combined) (06-02)
flo� DRUG-FREE WORKPLACE FORM
The undersigned Contr�+r, in accordance with Florida Statute 287.087 hereby certifies
1. 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 1, 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 I through 5.
As the person authorized to sign this statement, I certify that this firm complies fully with
the above requirements.
Date: 3 S , l �
Signature
A-10
/'� PUBLIC ENTITY CRIMES FORM
Any person submitting a quote, bid, or proposal in response to this invitation of
Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the
space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote,
bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment
from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are
executed by them and are included with your quote, bid, or proposal. Corrections to the form
will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete
this form in every detail and submit it with your quote, bid, or proposal may result in immediate
disqualification of your bid or proposal.
The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133,
Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the
Florida Department of General Services to maintain and make available to other political entities
a "convicted vendor" list consisting of persons and affiliates who are disqualified from public
and purchasing process because they have been found guilty of a public entity crime. A public
entity crime is described by Section 287.133, Florida Statutes, as 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 in Florida 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 with an agency or political subdivision and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
By law no public entity shall accept any bid from, award any Agreement to, or transact
any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
category two (currently $ 10,000) with any person or affiliate on the convicted vendor list for a
period of 36 months from the date that person or affiliate was placed on the convicted vendor list
unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(0)'
Florida Statutes.
Therefore, effective October 1, 1990, prior to entering into an Agreement (formal
Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or
services to THE CITY OF SEBASTIAN, a person shall file a swom statement with the
Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or
affidavit will be the form to be utilized and must be properly signed in the presence of a notary
public or other officer authorized to administer oaths and properly executed.
THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE
SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS NON-
INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR
QUOTE OR BID.
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
/0011� FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
A•11
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or Agreement No. I -M -JL4 •)8.0 .2 for
THE CITY OF SEBASTIAN.
2. This sworn statement is submitted by (1 VWU V Cb /+�
(name of enti submittin sworn statement) whose b iness address is
1rR. ? 2nd (if applicable) its Federal Employer Identification
(FEIN) is Zrn- 47-47— (If the entity has no FEIN, include the Social
Security Number of the individual signing this sworn statement:
3. My name is �btna-i , mCp (please print name of individual
signing) and my i0ldtionship to the entity named above is
P rp_ �.
4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any
other state or with the United States, including, but not limited to, any bid or 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
l00*1 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 I, 1989, as a result of a jury verdict, nonjury trial, or entry of
a plea of guilty or nolo contendere.
6. 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.
7. 1 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.
8. Based on information and belief, the statement which I have marked below is true in relation to
the entity submitting this sworn statement. (Please indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any officers, directors, executives,
1 Xartners,
/O" 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.
/'01
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 of Gene ces.)
(Signature)
Date:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this 5�day of V axc,� , 2015 by
`17w40�, Gt_ , e rLin.Cl (title) on behalf of
(name of partnership), a partnership. He/she is persona[ Y known to me or has
produced as identification and did ( ) did not ( ) take an oath.
Name: � e'�00 f -6'k W
My Commission Expires: 10 . 0 3. 1 `S
Commission Number: EE t 3 o 2 VI
A-!3
' �
'"...y]7s
- - _ .*a • . _ , _ _
2915 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: 65-0264242
Name and Address of Current Registered Agent:
ROSE, TIMOTHY W.
1360 OLD DIXIE HIGHWAY SW
106
VERO BEACH, FL 32962 US
FILED
Jan 09, 2015
Secretary of State
CC4127399909
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
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 9106
City -State -Zip: VERO BEACH FL 32962
Title SEC
Name ROSE,RONALD
Address 1360 SW OLD DIXIE HWY #106
City -State -Zip: VERO BEACH FL 32962
Date
I hereby certify that the Information Lrdicated on (his reportarsupplementat roport Is live and accurate and Owl my electronic signature shall have the same legal effect as it made under
oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above, or an an attachment withal/ other like empowered.
SIGNATURE: TIMOTHY W. ROSE PRESIDENT 01/09/2015
Electronic Signature of Signing Officer/Director Detail Date
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
"Poop` 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
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 boxers to barbeque restaurants,
and they keep Florida's economy strong.
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. There you can find more information
about our divisions and the regulations that impact you, subscribe
to department newsletters and learn more about the Department's
initiatives.
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!
(850) 487-1395
a STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
R00066532iSSUED: 07/17/2013
REG UNDERGROUND :Jtl-'& EXCAV CTR
ROSE, TIM OTHY-WILEIAM ,:
TIMOTHY R0SfCONT,j KQT—I G.INC
(INDIVIDUAL MUST�I JV EET:ALLhLOCAL
LICENSING REQUIREMENTS PRIOR
TO CONTRACTING IN ANY AREA)
HAS REGISTERED under the provisions of Ch.499 FS.
Expiration date : AUG 31, 2015 L1307170000551
4k1, 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 110RI0ASW'.
........... ........................ .......... .
DETACH HERE
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
RU0066532
The UNDERGROUND UTILITY & EXCAVATION CONTRACTOR
Named below HAS REGISTERED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2015
(INDIVIDUAL MUST MEETALL LOCAL LICENSING
REQUIREMENTS PRIOR TO CONTRACTING IN ANY AREA)
ROSE, TIMOTHY WILL -IAM
TIMOTHY ROSE CONTRACTING. INC
1360 OLD DIXIE HIGHWAY SW
SUITE 106 LL
VERO BEACH FL 32962
RICK SCOTT ISSUED: 07/17/2013 SEQ# L1307170000551
GOVERNOR DISPLAYAS REQUIRED BY LAW
KEN LAWSON
SECRETARY
"e STATE OF FLORIDA
F DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
•,HCeD wI SR's` 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
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 boxers to barbeque restaurants,
and they keep Florida's economy strong.
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. There you can find more information
about our divisions and the regulations that impact you, subscribe
to department newsletters and learn more about the Department's
initiatives.
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!
DETACH HERE
RICK SCOTT, GOVERNOR
(850) 487-1395
'`"# STATE OF FLORIDA
4 DEPARTMENT OF BUSINESS AND
_ _ PROFESSIONAL REGULATION
CGC052940 ISSUED: 07/13/2014
CERTIFIED GENERAL CONTRACTOR
ROSE, TIMOTHY WILLIAM
TIMOTHY ROSE CONTRACTING INC
IS CERTIFIED under the provisions of Ch.489 FS.
Expiration date : AUG 31, 2016 L1407130001474
KEN LAWSON, SECRETARY
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICFNRINr. RnAQn
CGC052940
Tha r-,PKIFRAI r`r1AITDAnTno
Named below IS CERTIFIED
Under the provisions of Chapter 489 FS,
Expiration date: AUG 31, 2016
ROSE, TIMOTHY WILLIAM
TIMOTHY ROSE CONTRACTING INC
1360 SW OLD DIXIE HIGHWAY
SUITE 106
VERO BEACH FL 32962
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OP ID: TJ
CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDDNYYYY)
01/20/2015
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(fes) 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).
Stuart insurance, Inc.
PRODUCER Phone: 772-286-4334KREa
3070 S W Mapp Fax: 772-286-9389772-286334
Palm City, FL 34990
Rick Halcomb, CIC, ARM
CONTACT Rick Halcomb
aAc No ; 772-286-9389
ADDRESS: rhalcomb stuartinsurance.net
RIDp TIMOR -1
INSURERS AFFORDING COVERAGE MAICENSURED
: Westfield Insurance 24112
T mot y Rose
Contracting, Inc.1360
:Vero
Old Dixie Hwy SW, Ste 106
Beach, FL 32962
:
INSURER D
EACH OCCURRENCE S 1,000,000
-MAGE
INSURER E :
COMMERCIAL GENERAL LIABILITY
INSURER F
C�1VFper_oc
VL -K I Iry m I r- Nufvim=R: REVISION NUMBER:
TFIIC IC Tr1 r`CO TICV TunT n
- • I I — rVLI rca OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A80VE 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. OMITS SHOWN MAY HAVE BEEN REDUCED BY
INSR PAID CLAIMS.
DD
LTR TYPE OF INSURANCE POLICY NUMBER POLICYPOLICYFXP
LIMITS
GENERAL LIABILITY
A X
EACH OCCURRENCE S 1,000,000
-MAGE
TO
PREMISES Ea occurrence $ 500,000
COMMERCIAL GENERAL LIABILITY
X
CMM6079889
06/06/2014
06/06/2015
CLAIMS -MADE � OCCUR
MED EXP (Any one person) $ 10 00
X ContractualLiab
PERSONAL&ADV INJURY $ 1,000,000
X IrICI XCU
GENERAL AGGREGATE $ 2,000,000
GEN'LAGGREGATEUMITAPPLIESPER:
PRODUCTS-COMPIOPAGG $ 2,000,OOC
POLICY X PRO- LOC
$
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
A X ANY AUTO
CMM6079889
06/0612014
06/06/2015
(Eaaeddenl) $ 1,000,000
BODILY INJURY (Perperson) $
ALL OWNED AUTOS
BODILY INJURY (Per wddenl) $
SCHEDULED AUTOS
PROPERTY DAMAGE _
X HIRED AUTOS
(Per accident)
X NON -OWNED AUTOS
$
i
UMBRELLA LWB
X
OCCUR
EACHOCCURRENCE Is 3,000,000
EXCESS UAB
A
CLAIMS -MADE
CMM6079889
06/06/2014
06/06/2015
AGGREGATE $ 3,000,000
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
$
WC STATU- OTH-
ITS I
Y I N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERIMEMBER ECCL DED? D
N I A
E.L. EACH ACCIDENT $
(Mandatory In
II es, describe render
and
EL DISEASE - EA EMPLOYE $
EL DISEASE-POLICYUMIT $
DESCRIPTION OF OPERATIONS below
A Contractors Equip
CMM6079889
06/06/2014
06!0612015
Ranted 50,00
nFCr'RIPTIf)N nC rtccoe Tnnlc , � nrn ,nuc ................
.
Equipment $1000 ded
-- -- - -- - --• •^••- • ---•-^ ••..,-.+• �.u,-a.w acn -� - Iol, Accrrlcnar KBTarKs Scnedure, If rnoro spa c0I9 f9qulrod)
ty of Sebastian is addition insured with respect to general liability
ongoing and completed operations when required by written contract.
CITS E-1
City of Sebastian
1225 Main Street
Sebastian, FL 32958
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
fAUTHORIZED REPRESENTATIVE _
W TyBti-ZUUa At;UKU GURPORATION. All rights reserved.
ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD
Mcf
SE T %N
HOME OF PELICAN ISLAND
PUBLIC WORKS DEPARTMENT
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ® FAX (772) 388-8248
www.cityofsebastian.org
April 7, 2015
Mr. Tim Rose
Tim Rose Contracting
1360 SW Dixie Highway
Vero Beach, FL 32962
Subject: Fleming Street Reconstruction
Dear Mr. Rose,
This letter is your official Notice to Proceed (NTP) for the Fleming Street Reconstruction project. The start
date for this project is 5-4-1$
If you have any questions regarding this letter, please call Tim Walker, Deputy Director at (772) 633-7298.
Sincerely,
Frank Watanabe, PE
City Engineer
City of Sebastian
Cc: Joe Griffin, City Manager
CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT made this (1/�day of2015, by and between the CITY OF
SEBASTIAN, a municipal corporation of the State f Florida, 1225 Main Street, Sebastian, Florida,
32958, and ("City") and Timothy Rose Contracting Inc 1360 SW 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 PAVEMENT
RECONSTRUCTION AND PAVING FOR FLEMING STREET FROM CR 512 TO MAIN
STREET. 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 F= 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 Scope 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.
23
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.
110*1) 2.3 AMENDMENTS
/IMO)
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 continence 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-24
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.
/001IN 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.
3.8 BIDDER
An individual, partnership, or corporation submitting a proposal for the work contemplated;
acting directly or through a duly authorized representative.
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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
famished 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 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
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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
contract documents, setting forth conditions
Specifications for a specific project.
3.22 SPECIFICATIONS
the Plans, Standard Specifications and other
varying from or additional to the Standard
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 fiirthering
the terms thereof. A modification to the Agreement shall be made by Contract Addendum.
3.25 SURETY
Surety is a corporation qualified to act as surety under the laws of Florida, who executes the
Contractor's Perfonnance 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.
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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
i'"ll,\ 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
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, the
Specifications shall prevail and govern.
4.3 DISCREPANCIES
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 the 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, 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 by both
Plans and 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.
4.4 SPECIFICATIONS AT JOB SITE
/1"1 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
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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.
e"k\ 4.5 DIMENSIONS
Dimensions and project limits will be field measured in advance by contractor. 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.
The contractor may conduct pre -sample tests of the soil material to calculate the cement and oil
mixture needed for the cement treated base at no cost to the city.
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,
14� 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, or conformance with the Contract. Shop drawings shall be submitted
according to the following schedule:
(a) Five (5) 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 changes requested by the City and resubmit four (4) copies to the City.
(,w) (d) Two (2) copies of Approved Shop Drawings shall be returned to the Contractor by
the City.
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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
/'o� 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 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 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
harmony with the intent of the 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:
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(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.
5.2 STORAGE OF MATERIALS
Materials and equipment shall be stored so as to incur the preservation of their quality and fitness
/001� 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
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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
/"*1�
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 at full cost to the contractor. 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 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 pavement structure 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.
5.7 CLEANING UP
/001� 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
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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,
/'o1 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 Brom 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 REOUIREMENTS
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 Contractor the responsibility to achieve the lines, grades and dimensions
shown in the Specifications.
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
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all survey control of his work during construction. The Contractor shall preserve all reference
points and benchmarks furnished by the City.
/do�'1 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 perfortning 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 REOUIREMENTS (if Neededl
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 as need. 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 as needed.
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 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 and it will be contractors responsibility to identify all utility conflicts.
The cost of substantiating the location of utilities shall be bome by the Contractor and included in
tlol� 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.
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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
t4o„ ` 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.
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
PM\
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
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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
/10011 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
injury the objects at no 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
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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
(01*N 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 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
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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
/104� 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
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. Safety of Persons and Property
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
/0411 adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and
utilities not designated for removal, relocation or replacement in the course of construction.
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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 cavy 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 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
to%1 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
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public. All barricades and obstructions shall be protected at night by regulatory signal lights
which shall be kept in operation from sunset to sunrise.
/001` 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
Trac 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
/Owl\ excavations over -night unless properly fenced and with the specific approval of the Engineer or
the City.
8.7 PLACEMENT OF HEAVY EQUIPMENT
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.
/04*1
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
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/ 4k�
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.
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.
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.
/Owl 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
eAMN 9.0 ENGINEER CITY, CONTRACTOR RELATIONS
9.1 ENGINEER'S RESPONSE31LITY AND AUTHORITY
All work done shall be subject to the construction review of the City 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 City 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
/^1 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 PRELUAINARY 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.
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.
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The City will conduct tests it deems necessary to determine if the Work functions property.
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 (S) 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.
e...1 (c) Fail to provide a qualified superintendent, competent workmen or subcontractors,
or proper materials, or fail to make prompt payment for same.
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9.10 RIGHTS OF VARIOUS INTERESTS
i^1 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
P'°) 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 fiirnish 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
to"'\ 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
/4"1 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.
9.1$ CONTRACTOR'S RESPONSIBILITY FOR WORK
/0"°\
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
/00b\ 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
Contractoes 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
elft\ necessary for any of the following reasons:
(a) Work not performed but included in the request for payment, or the contract Price
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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.
?04*� 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.
I£ 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
to"*� 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 Price / Cost and Contract Time / Schedule.
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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
/04*\ 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 INTER &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
r""'� 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,
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following which the City will release the Contractor 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 REQUIREMENTS
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
/10" N 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 of the 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 performed under this Agreement. The Contractor further covenants that in the
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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 swom 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
/0011 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 Iimit 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 At or better per the Best's Key Rating Guide. The
Contractor and the insurance company(s) shall agree to famish the City thirty (30) days written
notice of their intent to cancel or terminate said insurance. It is the full responsibility of the
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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 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.
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12.0 MISCELLANEOUS
/" \ 12.1 ADDRESSES FOR NOTICES
ka
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, fu -m, 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 FORM
Contract Name:
Project Descripti
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:
Print Title:(` _ ALP
Company/Firm: City of Sebastian
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed,
the day and year first above written.
ATTE
Sally A. MO
MMC
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THE CITY 9,F SEBASTIAN
B
Y•
Name: Todeph Griffin
Title: City Manager
t'"\
(SEAL)
Approved as to Form and Content for
Reliance by the City of Sebastian Only
Robert A. Ginsburg, City Attorney
Signed, sealed and delivered
in the presence of:
Q
NAME:
CONTRACTOR
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By:
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Name: :1�-- j��&
Title:P l