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HomeMy WebLinkAbout2017 Police Evidence Bldgiln'OF SEBAST'N HOME OF PELICAN ISLAND 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebastian.org May 5, 2017 Lawrence H. Tanner L.H. Tanner Construction 2300 Avocado Avenue Melbourne, FL 32935 Subject: Police Evidence Building & Parking Notice to Proceed Dear Mr. Tanner, This Letter is to notify you of your commencement date of Friday 5/19/2017 per the terms and conditions of the executed bid contract for the Construction of Police Evidence Building which you submitted in the amount of $345,281.46. This letter is your official Notice to Proceed (NTP) for the construction of the Police Evidence Building and Parking. The Project Manager is Frank Watanabe, City Engineer and the City Inspector is Phillip Patnode. All substantial communication pertaining to this construction project should be directed to Phillip. His phone number is 772-633-0916. We look forward to working with you on this project Sincerely, Joe Griffin City Manager CONSTRUCTION SERVICES AGREEMENT THIS AGREEMENT made this 26th day of April 2017, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, and ("City") and L.H. Tanner Construction Corp., 2300 Avocado Avenue, Melbourne, FL 32935 ("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 construct the Police Evidence Building behind the existing Police Station. This Agreement is not an exclusive agreement and the City may employ other contractors, professional or technical personnel to furnish services for the City as the City in its sole discretion finds is in the public interest. The Agreement shall not be construed to create a contractual relationship of any kind between the City and the Subcontractor(s), or, between any person or firm other than the City and Contractor. The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of his right, title of interest therein or his obligations thereunder, or moneys due or to become due under this Contract. 2.0 AGREEMENT DOCUNIENTS 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 Plans, Specifications and Scone of Work Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, and written modifications issued after execution of this Agreement, if any. 2.1 INTENT The Plans and Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Plans and Specifications establish minimum standards of quality for this Project. They do not purport to cover all details entering into the design and construction of materials or equipment. The intent of the Agreement Documents is to set forth requirements of performance, type of equipment and structures, and standards of materials and construction. It is also intended to include all labor and materials, equipment, and transportation necessary for the proper execution of the Work, to require new material and equipment unless otherwise indicated, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent with the Agreement Documents and reasonably inferable from them as being necessary to produce the intended results. 2.2 ENTIRE AND SOLE AGREEMENT Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. 2.3 AMENDMENTS The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 2.4 CONSTRUING TERMS This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY This Agreement shall be governed by the laws of the State of Florida, and any venue for any action pursuant to the Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 2.6 TERM This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend until the Project is complete unless terminated in accordance with the terms hereunder. 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), tomado 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 specifications 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 3.4 AGREEMENT A written agreement is between the Contractor and the City of Sebastian defining in detail the work to be performed. The words Agreement and Contract are one and the same. 3.5 A.S.T.M. DESIGNATION Wherever the letters "A.S.T.M." are used in the Specifications, it shall be understood as referring to the American Society for Testing Materials. When reference is made to a certain Designated Number of a specification or test as set out or given by the American Society for Testing Materials, it shall be understood to mean the current, up-to-date standard specification or tentative specification for that particular process, material or test as currently published by that group. 3.6 BID The bid or proposal is the written offer of a Bidder to perform work described by the contract documents when made out and submitted on the prescribed proposal form properly sealed and guaranteed. The bid or proposal shall be considered as part of the Contract Documents. 3.7 BID BOND or PROPOSAL GUARANTEE Bidder is required to submit a Bid Bond or Proposal Guarantee in the amount of 5% of the Base Bid, in the form of 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. 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 known as 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", A-77 or words of similar import are used, it shall be understood that the direction, order, approval or acceptance of the Owner is intended unless otherwise stated. 3.13 ENGINEER A Professional Engineer duly licensed and registered in the State of Florida and designated by the City as the Engineer -of -Record. The City may designate a staff member as Engineer who is not licensed. 3.14 GENERAL CONDITIONS The directions, provisions and requirements contained within the Agreement Documents, all describing the general manner of performing the Work including detailed technical requirements relative to labor, material equipment, and methods by which the Work is to be performed and prescribing the relationship between the City and the Contractor. 3.15 INSPECTOR A duly authorized representative of the City assigned to make official inspections of the materials furnished and of the work performed by the Contractor. 3.16 LABORATORY A licensed and qualified independent laboratory designated by, or acceptable by the City to perform the necessary testing of materials for the construction. All testing will be the responsibility of the contractor to hire a licensed testing firm to conduct any testing which is included in the price of various bid items. 3.17 OWNER City of Sebastian 3.18 PERFORMANCE AND PAYMENT BONDS Contractor is required to submit bonds in the form prescribed by State Law, and generally as shown on sample forms herein, for Performance and Payment. 3.19 PLANS The official approved engineering plans, including reproduction thereof, showing the location, character, dimensions and details of the work to be done. Design plans of the site work and the building construction are attached with this bid submittal. All shop drawings submitted by the Contractor shall be considered as part of the contract documents. 3.20 PROPOSAL The proposal or bid is the written offer of a Bidder to perform the work described by the Contract Documents when made out and submitted on the prescribed proposal form, properly signed and guaranteed. The proposal or bid shall be considered as part of the contract documents. 3.21 SPECIAL CONDITIONS Special clauses or provisions, supplemental to the Standard Specifications and other contract documents, setting forth conditions varying from or additional to the Standard Specifications for a specific project. A-18 3.22 SPECIFICATIONS The directions, provisions, and requirements together with all written agreements made or to be made, setting forth or relating to the method and manner of performing the Work, or to the quantities and qualities of materials, labor and equipment to be furnished under the Agreement. 3.23 SUBCONTRACTOR An individual, partnership or corporation supplying labor, equipment or materials under a direct contract with the contractor for work on the project site. Included is the one who supplies materials fabricated or formulated to a special design according to the plans and specifications for the particular project. 3.24 SUPPLEMENTAL AGREEMENT A written understanding, or proposal and acceptance, executed between the Cityand the Contractor subsequent to execution of the Agreement herein with the written consent of the Contractor's Surety, relating to the work covered by the Agreement and clarifying or furthering the terms thereof. A modification to the Agreement shall be made by Contract Addendum. 3.25 SURETY Surety is a corporation qualified to act as surety under the laws of Florida, who executes the Contractor's Performance and Payment Bonds and is bound with the Contractor for the acceptable performance of the contracted work and for the payment of all debts pertaining thereto. 3.26 WORK. (The) or PROJECT. (The) The public improvement contemplated in the Specifications, and all actions necessary to construct the same 3.27 WORK ORDER Work orders are work instructions including specifications and plans that show the location, character, dimensions and details to the work to be done. Work orders are specific instructions, of limited scope, that will be a part of this contract. Work orders shall be considered as part of the contract documents. Any Work Orders considered to be Change Orders of any kind shall be in writing and address, at a minimum, any changes in the scope of work and the related impact on Contract Price / Cost and Time / Schedule. 3.28 PERMITS City has obtained the SIRWMD permit No. 889754 for the Sebastian Police Evidence Building. The work will require the contractor to obtain the necessary permits from the City's Building Department for the construction of the building and any site work. This may include any additional survey and or geotechnical and structural information and all permitting fees will be the responsibility of the contractor to pay these application fees. Any topographic survey and geotechnical 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. A -l9 ARTICLE iI - Performance 4.0 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 tate City. 4.2 CONFLICT In the event of any inconsistency, discrepancy or conflict between the Agreement, Plans and Specifications, and other Contract Documents, the Agreement shall prevail and govern over all except a subsequently executed Contract Addendum; in the event of an inconsistency, discrepancy or conflict between documents, the Specifications shall prevail and govern. 4.3 DISCREPANCIES IN PLANS Any discrepancies found between the Plans, Specifications and site conditions, or any errors or omissions in the Plans and 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 Plans and Specifications may be made by the 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. All work indicated in the Plans and Specifications and all work and material usual and necessary to make the Work complete in all its parts, whether or not they are mentioned in the Plans and Specifications, shall be famished and executed the same as if they were cal led for in the Plans and Specifications. The Contractor will not be allowed to take advantage of any errors or omissions in the technical provisions of the Plans and Specifications. The Engineer will provide full information when errors or omissions are discovered. 4.4 PLANS AND SPECIFICATIONS AT JOB SITE One (1) complete set of the Plans, Specifications, Work Orders, Addenda, Change Orders, Shop Drawings and samples shall be maintained at the job site, in good order and annotated to show all changes made during the construction process, and shall be available to the Engineer and City at all times. A final copy thereof, along with "as -built" record drawings, operations and maintenance manuals, and data sheets, shall be delivered to the Engineer upon the completion of the Work. 4.5 DIMENSIONS (See attached plans) Dimensions and project limits will be field measured in advance of the bid submittal to verify any inconsistent dimensions or information from the design plans. Where the work of the Contractor is affected by finished A-30 dimensions shown on the plans, 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. All sampling and testing shall be the contractor responsibility and the price for the sampling and testing are included in various bid items. The testing of samples and materials shall be made at the expense of the Contractor, except where indicated otherwise. The Contractor shall furnish any required samples without charge. The Contractor shall be given sufficient notification of the placing of orders for materials to permit testing. As an exception to the above, when the Contractor represents a material or an item of work as meeting Specifications and under recognized test procedures it fails, any re -testing shall be at the Contractor's expense, billed at the Testing Laboratory's standard rate for individual tests. It is expected that all inspections and testing of materials and equipment will be done locally. If the Contractor desires that inspections for tests be made outside of the local area, all expenses, including per diem for the Engineer or inspectors, shall be home by the Contractor. 4.7 SHOP DRAWINGS (Required) The Contractor shall provide shop drawings, setting schedules, and other drawings as maybe 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 Plans and Specifications shall be called to the attention ofthe City at the time of the first submission of shop drawings and other drawings. The City's approval of any shop drawings shall not release the Contractor from responsibility for errors, corrections of details, or conformance with the Contract. Shop drawings shall be submitted according to the following schedule: (a) Seven (7) copies shall be submitted to the City at least thirty (30) days before the materials indicated thereon are to be needed or earlier if required to prevent delay of work or to comply with subparagraph (b). (b) The City shall, within fourteen (14) days of the submittal of any shop drawings, return three (3) copies to the Contractor marked with any corrections and changes required and noting if the drawings are acceptable as noted, or if resubmittal is required. (c) The Contractor shall then correct the shop drawings to conform to the corrections and changes requested by the City and resubmit six (6) copies to the City. (d) Three (3) copies of Approved Shop Drawings shall be returned to the Contractor by the City. 4.8 QUALITY OF EQUIPMENT AND MATERIALS In order to establish standards of quality, the Specifications may refer to certain products byname 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 famish to the City a complete list ofhis 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 EQUIPMENTAND/OR MATERIAL below. A-31 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 ofcomplete catalog data for every manufactured item of equipment and all components to be used in the Work, including specific performance data, material description, rating, capacity, material gauge or thickness, brand name, catalog number and general type. This submission shall be compiled by the Contractor and submitted to the City for review and written approval before any of the equipment is ordered. Each data sheet or catalog in the submission shall be indexed according to specification section and paragraph for easy reference. After written approval is received by the Contractor, submission shall become a part of the Contract and may not be deviated from except upon written approval of the City. Catalog data for equipment approved by the City does not in any case supersede the Contract Documents. The acceptance by the City shall not relieve the Contractor from responsibility for deviations from the 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 (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. A-32 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 manufacturers 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 for the Work. When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment shall be located so as to facilitate prompt inspection. Private property zoned for or adjacent to land zoned for residential uses shall not be utilized for storage purposes without special prior arrangement. 5.3 REJECTED WORK AND MATERIAL Any materials, equipment or work which does not satisfactorily meet the Specifications may be condemned by the Engineer or City by giving a written notice to the Contractor. All condemned materials, equipment or work shall be promptly taken out and replaced. All materials and equipment which do not conform to the requirements of the Contract Documents, are not equal or superior to samples approved by the Engineer and City, or are in any way unsatisfactory or unsuited to the purpose, for which they are intended, shall be rejected. Any defective work whether the result of poor workmanship, use of defective materials, damaged through carelessness or from other cause shall be removed within ten (10) days after written notice is given by the City, and the work shall be re -executed by the Contractor. The fact that the Engineer or the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to remove rejected work or materials A-33 within ten (10) days after written notice to do so, the City may remove them and may store the materials and equipment. Satisfaction of warranty work after final payment shall be in accordance with Paragraph 10.15. 5.4 MANUFACTURER'S DIRECTION Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer unless herein specified to the contrary. 5.5 CUTTING AND PATCHING The Contractor shall do all necessary cutting and patching ofthe Work that may be required to properly receive the work of the various trades or as required by the Plans and Specifications to complete the Work. Contractor shall restore all such cut or patched work as directed by the Engineer or the City. Cutting of existing structures that could endanger the Work, adjacent property, workmen or the public shall not be done unless approved by the Engineer and under Engineer's surveillance. 5.6 CLEANING UP The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its employees or work. At the completion of the Work, contractor shall remove all rubbish, tools, scaffolding and surplus materials and shall leave the Work "broom clean" or its equivalent, unless more exactly specified, and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. At no additional expense to the City, the Contractor will restore to their original conditions or better, as nearly as practicable, those portions of the site not designated for alteration and all such property, structure, utilities, landscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment will be withheld until such clean up and repairs are completed The Work will be considered complete only after all debris and unused material due to or connected with the Work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 5.7 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. 5.8 GUARANTEE The Contractor shall warrant all its material and equipment furnished and work performed for a period of one (1) year from the date of final written acceptance of the Work by City. Satisfaction of warranty work after final payment shall be as per Paragraph 10.15. All equipment and material warranties or guarantees shall be drawn in favor of the City and the originals thereof famished 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 A-34 contract due to substandard materials or workmanship, not 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 Plans and Specifications. Prior to final acceptance of the project, the Contractor shall mark in a permanent manner on the surface of the completed Work all control points shown on the Plans. 6.2 CONTROL POINTS FURNISHED BY THE CITY The City will provide boundary or other control points and bench marks as shown on the Plans as "Contractor's Survey Control Point", if any is provided. The Contractor shall be responsible for all survey control of his work during construction. The Contractor shall preserve all reference points and benchmarks furnished by the City. 6.3 FURNISHING OF STAKE MATERIALS The Contractor shall famish all stakes, templates and other materials necessary for establishing and maintaining the lines and grades necessary for control and construction of the Work. The cost for surveying and staking shall be included in the various bid items and no additional compensation. 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 Specifications. The Work shall include performing all calculations required and setting all stakes needed such as grade stakes, offset stakes, reference point stakes, slope stakes, and other reference marks or points necessary to provide lines and grades for construction of all contract items. Survey notes indicating the information and measurements used in establishing locations and grades shall be kept in notebooks and furnished to the Engineer with the records for the Project. 6.5 SPECIFIC STAKING REQUIREMENTS Stakes to establish lines and grades shall be set at appropriate intervals to assure that the Project is constructed to meet the lines and grade per Specifications. 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. Any staking and surveying required to set the building or prepare the site will be the responsibility of the contractor with no additional compensation. 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. 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 (tours prior to commencing any work within the project area. There may be other utilities within the project area. The cost of substantiating the location of utilities shall be home by the Contractor and included in the bid price. The Contractor shall be responsible for the repair and/or replacement of any damage caused to utilities by Contractor forces during the course of construction. Utilities deemed to require relocation shall be identified by the Contractor prior to commencing work. The Contractor shall notice the City of the conflict and seek direction from the City prior to proceeding with work. Directions from the City may be to proceed despite conflict, place work order on hold and commence work at a different location, or relocate utilities under separate contract with the utility or a change order to be directed by the City. 7.0 PROGRESS AND COMPLETION OF WORK 7.1 CONTRACTOR'S OBLIGATION Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor shall enforce strict discipline and good order among Contractor's employees and other persons carrying out the Work. Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses necessary to perform the Work required under the Contract Documents. Contractor shall I 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 A-36 and a properly executed performance and payment bond as required. 7.3 CONTRACT TIME The contractor shall complete, in an acceptable manner, Agreement and any Addenda or Change Orders thereto. from start of work date. 7.4 SCHEDULE OF COMPLETION all of the Work in the time stated in the Contract The contract time is 180 consecutive calendar days The Contractors schedules are subject to the approval of the City, which shall not be unreasonably withheld, and shall reflect a logical sequence of the various components of work and the anticipated rates of production necessary to complete the Work on or before the completion date. Said schedules shall be submitted within ten (10) days of the execution of the agreement by the City except when requested otherwise and shall be updated and resubmitted to the City on the twenty-fifth (25th) day of every month with the Contractor's pay request. 7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE The Contractor shall coordinate its work with other contractors, the City, and utilities to assure orderly and expeditious progress of work. The City shall hold a pre -construction conference at Sebastian City Hall at a time and date mutually agreed upon with the Contractor after the Contract has been awarded and fully executed. 7.6 PROPERTY OF OTHERS A. Public Ownership The Contractor shall be responsible for the preservation of all public property, trees, monuments, etc., along and adjacent to the street and/or right-of-way, and shall use every precaution necessary to prevent damage or injury thereto. He shall use suitable precautions to prevent damage to pipes, conduits and other underground structures, and shall protect carefully from disturbance or damage all monuments and property marks until a land surveyor has witnessed or otherwise referenced their location and shall not remove them until so directed by the Engineer in writing. The City shall remove and relocate all traffic control signs as required. B. Private Ownership Mail and newspaper boxes, sprinkler systems, ornamental shrubs, lawn ornaments, house numbers, fences, etc. may be removed and relocated by the property owners. The City will not remove, relocate, or re -install mail boxes, sprinkler systems, ornamental shrubs, etc. belonging to a private property owner. However, should such items not be removed or relocated by the start of construction, the Contractor shall remove the objects, in a manner which does not damage or injure the objects at no 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 A-37 of the Work; provided that, should the Contractor disturb, disconnect or damage any utility or any structure, all expenses of whatever nature arising from such disturbance or the replacement or repair and testing thereof shall be borne by the Contractor. 7.8 CROSSING PUBLIC FACILITIES When new construction crosses highways, railroads, streets or similar public facilities under the jurisdiction of state, county, city, or other public agency or private entity, the City through the Engineer shall secure written Permission prior to the commencement of construction of such crossing. The Contractor will be required to furnish evidence ofcompliance 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 famish such materials, labor and equipment as may be required for the proper completion of construction of the work contemplated. In the absence of such written order, no claim for changes in the Work shall be considered. Changes in the Work shall be performed in accordance with the Specifications where applicable and work not covered by the specifications or special provisions shall be done in accordance with specifications issued for this purpose. Changes in the Work required in an emergency to protect life and property shall be performed by the Contractor as required. 7.10 EXTENSION OF CONTRACT TIME No extension of time shall be valid unless given in writing by the City. No monetary compensation shall be given for such delay. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension of time in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manager determines that weather conditions make it counterproductive to 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, instal led 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 (I ) 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 A-38 obligations which Contractor might have under the Contract Documents. Establishment of the time period of one (I ) year as described in Subparagraph 7.11(a) above relates only to the specific obligation of Contractor to correct the Work, and has no effect on the time within which the obligations of the Contract Documents may be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractor's remaining contractual obligations. 7.12 LIQUIDATED DAMAGES In the event Contractor violates or fails to perform any provision of the Contract Documents, then the City may elect to receive, and Contractor agrees to pay, liquidated damaees in the amount of three hundred dollars ($300) ver 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 describe the Contractor's plans and procedures to protect the safety and property of property owners, residents, and passers- by. The plan shall describe measures and precautions to be taken during working hours and non -working hours. A. Safety Precautions and Programs 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 Proverty The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the work materials and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his subcontractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall be held fully responsible for such safety and protection until final written acceptance of the Work. Fire hydrants on or adjacent to the Work shall be kept accessible to fire fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the proper functioning of all swales, gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed except as approved by the City. The Contractor acknowledges that, in executing the Project, it will operate machinery and A-39 equipment that maybe 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 ajob 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. ofTransportation (FDOT) Std. The State of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations Specifications for Road and Bridge Construction, latest edition shall be used as minimum standards, as applicable. Further, the Contractor shall carry on the Work in a manner that will cause the least possible obstruction and interruption in traffic, and the least inconvenience to the general public and the residents in the vicinity of the work. 8.3 ROAD CLOSURE AND DETOURS Local traffic shall be maintained within the limits of the Project for the duration of the construction period. Closing to through travel of more than two (2) consecutive blocks, including the cross street intersected Hill 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 ofmads 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 contractorshall provide adequate ingress and egress to dwellings, business facilities, utilities and service. Temporary provisions shall be made by the Contractorto insure the use of sidewalks. The Contractor shall provide suitable crossings at street intersections and driveways, and supply such aid as may be required for pedestrians and motorists, including delivery vehicles, to safely negotiate the construction areas. On completion of Work within any area, the Contractor shall remove all debris, excess materials, barricades and temporary Work leaving walkways and roads in said area clear of obstructions. 8.5 WARNING SIGNS AND BARRICADES The Contractor shall provide adequate signs, barricades, warning lights and flagmen, as required, and all such other necessary precautions for the protection of the Work and the safety of the public. All barricades and obstructions shall be protected at night by regulatory signal lights which shall be kept in operation from sunset to sunrise. Barricades shall be of substantial construction and shall be reflective to increase their visibility at night. Suitable warning signs shall be so placed and illuminated at night as to show in advance where construction, barricades or detours exist. Unless so designated in the Bid Documents, no direct payment for this work will be made, but the cost of providing, erecting and maintaining such protection devices, including guards, watchmen and/or flagmen as required shall be considered as included and paid for in the various contract prices of the Work. Warning signs and barricades shall be in conformance with the State of Florida, Manual of Tragic Control and Safe Practicesfor 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 A-40 closures shall be signed and barricaded or coned as indicated in aforementioned FDOT Index. Flagmen may be required where traffic and length of lane closure warrant them. Where such a plan is needed, Contractor shall submit and obtain approval of their traffic control plan by the City. 8.6 OPEN TRENCHES The Contractor shall fully comply with Florida Statutes and OSHA regulations with regard to open trenches during construction. The Contractor shall be place construction hazard fencing along any open trenches during the construction work -day, and shall leave no open trenches or excavations over -night unless properly fenced and with the specific approval of the Engineer or the City. 8.7 PLACEMENT OF HEAVY EOUIPMENT The Contractor shall not leave construction equipment parked in front of or on a residential lot overnight or on weekends. At the close of work each day, the equipment shall be driven to and stored in a designated area so that the equipment will not become an "attractive nuisance" to neighborhood children. All equipment left unattended during the course of working day, such as during lunch hours or work breaks, shall not be left in a condition or location which would create a safety hazard to the general public. All keys shall be removed from the machines during those times. 8.8 TEMPORARY FACILITIES AND CONTROLS The Contractor shall provide controls for sanitary facilities, environmental protection and safety controls on site acceptable to the Florida Department of Health and Rehabilitative Services, Department of Environmental Protection, and St. Johns River Water Management District. 8.9 SANITARY PROVISION The Contractor shall provide and maintain such sanitary accommodations adequate for the use of his employees and those of his subcontractors, and as may be necessary to comply with the requirements and regulations of the local and state departments of health. Such facilities shall be made available when the first employees arrive on site of the Work, shall be properly secluded from public observation, and shall be constructed and maintained during the progress of the Work in suitable numbers and at such points and in such manner as may be required or approved. The Contractor shall maintain the sanitary facilities in a satisfactory and sanitary condition at all times and shall enforce their use. The City shall have the right to inspect such facilities at all times to determine whether or not they are being properly and adequately maintained. Following the period of necessity for such accommodations, they and all evidence affixed thereto shall be removed. 8.10 WATER AND ELECTRIC SUPPLY The Contractor shall make all necessary applications and arrangements, and pay all fees and charges for water and electrical service necessary for the proper completion of the Project up to the time of final acceptance. The Contractor shall provide and pay for any temporary piping and connections. 8.11 NOISE CONTROL The Contractor shall provide adequate protection against objectionable noise levels caused by the operation of construction equipment, and shall submit a plan to the Engineer for review prior to initiation and implementation of the plan. A-ar 8.12 DUST CONTROL The Contractor shall provide for adequate protection against raising objectionable dust clouds caused by moving construction equipment, high winds or any other cause, and shall submit a plan to the Engineer for review prior to initiation and implementation of the plan. 8.13 WATER CONTROL The Contractor shall provide for satisfactory disposal of surplus water and shall submit a plan to the Engineer for review prior to initiation and implementation of the plan. Prior approval shall be obtained from the proper authorities for the use of public or private lands or facilities for such disposal. 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 ofsurplus materials in the forms ofsolids, liquids or gases including, but not limited to, fuels, oils bitumen, calcium chloride or other harmful materials. Contractor shall conduct and schedule Work operations so as to avoid or otherwise minimize pollution or silting of streams, lakes and reservoirs and to avoid interference with movement of migratory fish where there is a high potential for erosion and subsequent water pollution. Erosion control features shall be constructed concurrently with other work and at the earliest practicable time The Contractor shall prepare a detailed description of Contractor's plan for Erosion and Turbidity Control, including location of erosion control and turbidity control devices, marked on a plan set as needed for clarity. The erosion and turbidity control shall meet the requirements of the St. John's River Water Management District and the applicable City's NPDES program for control of discharge of Total Suspended Matter, and shall prevent water and wind erosion of open excavations and swales. A-42 ARTICLE III - Supervision and Administration 9.0 ENGINEER, CITY, CONTRACTOR RELATIONS 9.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY All work done shall be subject to the construction review of the Engineer and City. Any and all technical questions which may arise as to the quality and acceptability of materials furnished, work performed, or work to be performed, interpretation of Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the Engineer who will resolve such questions. 9.2 ENGINEER'S DECISION All claims of a technical nature of the City or Contractor shall be presented to the Engineer for resolution. 9.3 SUSPENSION OF WORK The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, to include but not be limited to, unsuitable weather or such other conditions as are considered unfavorable for prosecution of the Work, failure on the part ofthe Contractor to cavy out the provisions of the Contract or to supply materials meeting the requirements of the Specifications, or the action of a governmental agency, by serving written notice of suspension to the Contractor. In the event that the Engineer shall become aware of any condition which may be cause for suspension of the Work, the Engineer shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City s permission. 9.4 CONSTRUCTION REVIEW OF WORK All materials and each part or detail of the Work shall be subject at all times to construction review by the Engineer and the City. The Engineer and the City may appoint inspectors. The Contractor will be held strictly to the true intent of the Specifications in regard to quality of materials, workmanship, and the diligent execution of the Contract. Such construction review may include mill, plant, or shop inspection, and any material furnished under the Specifications is subject to such inspection. The Engineer and the City shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed review. The City shall not be responsible for the acts or omissions of the Contractor. 9.5 FIELD TESTS AND PRELIMINARY OPERATION The Contractor shall perform the work of placing in operation all equipment installed under this Contract, except as specifically noted hereinafter. The Contractor shall make adjustments necessary for proper operation. The Contractor shall provide construction labor required for preliminary operation of the equipment installed under this Contract. The Contractor shall notify the City when work is considered to be complete, in operating condition, and ready for inspection and any testing, if needed. Further inspection requirements may be designated in the Technical Specifications on the pavement. Ada The City will conduct tests it deems necessary to determine if the Work functions properly. Arrangements for testing laboratory services will be made by the City. Payment for testing to show compliance with specified requirements will be paid for by the City. The cost of retesting when materials and workmanship fail to meet specified requirements will be deducted from moneys due the Contractor. 9.6 EXAMINATION OF COMPLETED WORK The City may request an examination of completed work of the Contractor at anytime before acceptance by the City of the Work and shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the Work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed shall be paid for as extra work, but should the work so exposed or examined prove unacceptable, the uncovering, removing and replacing shall be at the Contractor's expense. 9.7 CONTRACTOR'S SUPERINTENDENT A qualified superintendent, who is acceptable to the City, shall be maintained on the project and give sufficient supervision to the Work until its completion. The superintendent shall have full authority to act on behalf of the Contractor, and all communications given to the superintendent shall be considered given to the Contractor. In general, such communications shall be confirmed in writing and always upon written request from the Contractor. 9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES Upon failure of the contractor to perform the work in accordance with the Contract Documents, including any requirements with respect to the Schedule of Completion, and after five (5) days written notice to the Contractor, the City may, without prejudice to any other remedy he may have, correct such deficiencies. The Contractor shall be charged all costs incurred to correct deficiencies. 9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK In the event of any default by the Contractor, the City shall have the right to immediately terminate the Contract upon issuance of written notice of termination to the Contractor stating the cause for such action. This Agreement may be terminated by the City without cause provided at least thirty (30) days written notice of such termination shall be given to the Contractor. In the event of termination, the City may take possession of the Work and of all materials, tools and equipment thereon and may finish the Work by whatever method and means it may select. It shall be considered a default by the Contractor whenever Contractor shall: (a) Declare bankruptcy, become insolvent or assign his assets for the benefit of his creditors. (b) Disregard or violate the provisions of the Contract Documents or City's written instructions, or fail to prosecute the Work according to the agreed schedule of completion including extensions thereof. (c) Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper materials, or fail to make prompt payment for same. 9.10 RIGHTS OF VARIOUS INTERESTS Wherever work being done by the City's forces or by other contractors is contiguous to work covered by the Contract, the respective rights of the various interests involved shall be established by the City, to secure the completion of the various portions of the Work in general harmony. 9.11 SEPARATE CONTRACTS The City may let other contracts in connection with the Work of the Contractor. The Contractor shall cooperate with other Contractors with regard to storage of materials and execution of their work. It shall be the Contractors responsibility to inspect all work by other contractors affecting Contractor's work and to report to the City any irregularities that will not permit completion of work in a satisfactory manner. Contractor's failure to notify the City of such irregularities shall indicate the work of other contractors has been satisfactorily completed to receive related work. It shall be the responsibility of the Contractor to inspect the completed work in place and report to the Engineer immediately any difference between completed work by others and the Plans. 9.12 SUBCONTRACTS AND PURCHASE ORDERS Prior to signing the Contract or at the time specified by the City, the Contractor shall submit in writing to the City the names of the subcontractors proposed for the Work. Subcontractors may not be changed except at the request or with the approval of the City. The Contractor is responsible to the City for the acts and omissions of its subcontractors and their direct or indirect employees, to the same extent as he is responsible for the acts and omissions of its employees. The Contract Documents shall not be construed as creating a contractual relation between any subcontractors and the City. The Contractor shall bind every subcontractor by the terms of the Contract Documents. For convenience of reference and to facilitate the letting of contracts and subcontracts, the Specifications are separated into title sections. Such separations shall not, however, operate to make the Engineer or City an arbiter to establish limits to the contracts between the Contractor and subcontractors. 9.13 WORK DURING AN EMERGENCY The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, Contractor shall notify the Engineer and City of the emergency as soon as practicable, but shall not wait for instructions before proceeding to properlyprotect both life and property. 9.14 ORAL AGREEMENTS No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. 9.15 NIGHT, SATURDAY AND/OR SUNDAY WORK No night or Saturday and Sunday work will be permitted, except in case of emergency, or with prior approval A-05 from City, and then only to such extent as are absolutely necessary to protect life or property. This clause shall not pertain to crews organized to perform restoration work which needs no verifying inspection, maintenance work on equipment, or to operate and maintain special equipment such as dewatering pumps which may be required to work 24 hours per day. All such night, Saturday and/or Sunday work must be authorized by the City. 9.16 UNAUTHORIZED WORK Work done without lines and grades having been established, work done without proper inspection, or any changes made or extra work done without written authority will be done at the Contractor's risk and will be considered unauthorized, and, at the option of the City, may not be measured and paid for. 9.17 USE OF COMPLETED PORTIONS OF THE WORK The City shall have the right to use, occupy, or place into operation any portion of the Work that has been completed sufficiently to permit safe use, occupancy, or operation, as determined by the Engineer. If such use, occupancy, or operation increases the cost of or delays the Work, the Contractor shall be entitled to extra compensation, or an extension of time, or both, as determined by the Engineer. However, if Contractor has failed to complete the Work in accordance with the time requirements of the Agreement, no compensation (including set -offs to liquidated damages) shall be allowed for such use or occupancy. 9.18 CONTRACTOR'S RESPONSIBILITY FOR WORK Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non -execution of the Work. The Contractor shall rebuild, repair, restore and make good, without additional compensation, all injury or damage to any portion of the Work occasioned by any cause, other than the sole and active negligence of the City, before its completion and acceptance. 10.0 MEASUREMENT AND PAYMENT 10.1 DETAILED BREAKDOWN OF CONTRACT Except in cases where unit prices form the basis for payment under the Contract, the Contractor shall submit a complete breakdown of the contract amount showing the value assigned to each part of the Work, including an allowance for profit and overhead within ten (10) days of the execution of the Contract by the parties. Upon approval of the breakdown of the contract amount by the Engineer and the City, it shall be used as the basis for all requests for payment. 10.2 REOUEST FOR PAYMENT The Contractor may submit to the City not more than once each month a request for payment for work completed. Where applicable, the Contractor may choose to submit a request for payment at the substantial completion of each work order. The City may elect to provide its own form for the Contractor to submit progress payment requests. The standard form provided by the City, or a form presented by the Contractor having received prior approval from the City, can be used for the submittal of a progress payment. 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 A-46 breakdown of the contract amount less previous payments and back charges. Progress payments on account of Unit Price Work will be based on the number of units completed at the time the payment request was dated by the Contractor. If payment is requested on the basis of materials and equipment not incorporated in the project but delivered and suitably stored at the site or at another location agreed to in writing, the payment request shall also be accompanied by a bill of sale, invoice or other documentation warranty that the City has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, all of which shall be satisfactory to the City. No payments shall be made for materials stored on site without approval of the City. An amount of 10% of each monthly pay request shall be retained until final completion and written acceptance of the Work by the City. Payment of the retainage shall be included in the Contractor's final pay request in accordance with Paragraph 10.14. Any deviation in the release or partial release of the 10% retainage shall be at the sole discretion of the City, but in no case earlier than completion of the Engineers "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 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, infomilng the Contractor in writing of the reasons for paying the amended amount. (c) Disapprove the request for payment in accordance with Paragraph 10.4 informing the Contractor in writing of the reasons for withholding payment. 10.4 CITY'S RIGHT TO WITHHOLD PAYMENT OF A REQUEST FOR PAYMENT The City may withhold payment in whole or in part on a request for payment to the extent necessary for any of the following reasons: (a) Work not performed but included in the request for payment, or the contract Price has been reduced by written change order. (b) Work covered by the request for payment which is not in accordance with the Plans, Specifications and generally accepted construction practices, including if, in the opinion of the City, there is sufficient evidence that the Work has not been satisfactorily completed, or based upon tests and/or inspections the work is defective or has been damaged requiring correction n -a7 or replacement. (c) In the event of a filing of a claim or lien, or information received by City of a potential filing of a claim or lien against the Contractor or City. (d) Failure of the Contractor to make payments to subcontractors, material suppliers or labor. (e) Damage to another contractor. (f) The City has had to correct a defect in the Work, or there are other items entitling the City to a set-off against the amount recommended. (g) Default of any of the provisions of the Contract Documents. 10.5 PAYMENT FOR UNCORRECTED WORK Should the City direct, in writing, the Contractor not to correct work that has been damaged or that was not performed in accordance with the Contract Documents, an equitable deduction from the contract amount shall be made to compensate the City for the uncorrected work. 10.6 PAYMENT FOR REJECTED WORK AND MATERIALS The removal of work and materials rejected under Paragraph 5.3 and the re-execution of work by the Contractor shall be at the expense of the Contractor and the Contractor shall pay the cost of replacing the destroyed or damaged work of other contractors by the removal of the rejected work or materials and the subsequent re-execution of that work. In the event that City incurs expenses related thereto, Contractor shall pay for the same within thirty (30) days after written notice to pay is given by the City. If the Contractor does not pay the expenses of such removal, after ten (10) days written notice being given by the City of its intent to sell the materials, the City may sell the materials and shall pay to the Contractor the net proceeds there from after deducting all the costs and expenses that are incurred by the City. If the proceeds do not cover the expenses incurred by the City, such additional amounts may be set-off against any payments due Contractor. 10.7 CHANGES IN THE WORK A. Change Orders If conditions require a change in the scope of work or additional work varying from the original Plans or Specifications, such change shall be effected by the Contractor when the City issues a written Change Order. The Change Order shall set forth in complete detail the nature of the change, the change in the compensation to be paid the Contractor and whether it is an addition or a reduction of the original total contract cost. Should additional or supplemental drawings be required, they will be furnished by the Engineer. All Change Orders shall address the impact of the change on both Contract Price / Cost and Contract Time / Schedule. Compensation to be paid to the Contractor for accomplishing the work of a Change Order shall be established in one of the following ways: (a) By lump sum proposed by the Contractor and accepted by the City. (b) By unit prices established and agreed to. A-48 (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. 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 Citymay 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 A-49 excess balance on a quantum merit 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 and any work done or documents generated by the Contractor shall remain the property of the City. 10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY The Contract will be considered complete when all work has been finished, the final construction review is made by the Engineer, and the project accepted in writing by the City. 10.13 RELEASE OF CLAIMS (INTERIM/FINAL) The Contractor shall deliver, with each request for payment, a completed Affidavit and Release of Claim on a form supplied by the City. Also, from each supplier or subcontractor who has notified the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's Affidavit and Release of Claim as an unpaid, potential Claimant, a Claimant's Sworn Statement of Account, executed by the supplier or subcontractor, must be attached to each request for payment. If the completed forms are not supplied with the request for payment, the City will notify Contractor of the outstanding claims of record and, if said completed form(s) are not supplied within thirty (30) days, the City shall make joint payments to the Contractor and outstanding claimants. 10.14 ACCEPTANCE AND FINAL PAYMENT When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and Engineer that the Work has been completed in accordance with the terms of the Contract Documents, the Engineer shall certify completion of the Work to the City. At that time, the Contractor may submit the Contractor's final request for payment. The Contractor's final request for payment shall be the contract amount plus all approved written additions less all approved written deductions and less previous payments made. As a condition for Final payment, a Contractor's Final Affidavit must be received by the City along with his Final Payment Request and any as -built drawings which may be required. The Contractor shall famish full and final releases of Claim for labor, materials and equipment incurred in connection with the Work, following which the City will release the Contractor 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 ofresponsibility 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. A-50 11.0 PUBLIC CONTRACT REQUIREMENTS COVENANT AGAINST CONTINGENT FEES The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 11.2 INTEREST OF MEMBERS OF CITY AND OTHERS No officers, members or employees of the City and no member of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval 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 ofCongress 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 will further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with its duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work where the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 11.5 PUBLIC ENTITY CRIMES The Contractor shall file the attached sworn statement which is entitled PUBLIC ENTITY CRIMES, stating whether a person or affiliate as defined in Section 287.133 (1) Florida Statutes, has been convicted of public A-5/ entity crime subsequent to July 1, 1989, in accordance with the provisions of said statute. 11.6 DRUG-FREE WORKPLACE The Agreement documents also include the "Drug -Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed and instituted. 11.7 COMPLIANCE WITH LAWS Contractor shall comply with all applicable federal laws that in any way regulate or impact the Work, including, but not limited to, The Clean Air Act (42 USC §7506(c)), The Endangered Species Act (16 USC § 1531, et seq.), Executive Order No. 11593, Executive Order No. 11988, Executive Order No. 11990, The Fish and Wildlife Coordination Act (PL 85-624), The Safe Water Drinking Act Section 1424(e) (PL 93-523, as amended), The Wild and Scenic Rivers Act (PL 90-542, as amended), The Demonstration Cities and Metropolitan Development Act of 1966 (PL 89-754), Section 306 of The Clean Air Act, Section 508 of The Clean Water Act, Executive Order No. 11738, The Civil Rights Act of 1964 (PL 88-352), The Age Discrimination Act (PL 94-135), Section 13 of The Federal Water Pollution Control Act (PL 92-500), Executive Order No. 11246, Executive Order No. 11625, Executive Order No. 12138, Executive Order No. 12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and Health Act and applicable regulations, and the Americans with Disabilities Act (PL 101-336). 11.8 INSURANCE The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: (a) Workers' Compensation - Contractor shall purchase workers' compensation insurance as required by law. (b) Commercial General Liability - Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $ 1,000,000. (c) Commercial Auto Liability - Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations under Paragraph 9.18 for the Work paid for by the City but not yet accepted. The insurance company selected shall be A+ or better per the Best's Key Rating Guide, The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the contractor to insure that all sub -contractors have full insurance coverage as stated above. The Contractor shall not continence 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, A-52 naming the City as an additional insured party, prior to the start of construction as provided in the Contract. 11.9 BOND (Reauiredl 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. The City has already obtained the SJRWMD permit (No. 889654) forthe Police Evidence Building/Parking. 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 anyjurisdiction or authority over the Work, and shall indemnify and save harmless the City and Engineer against any expense, claim or liability arising from, or based on, the violation of any such law, ordinance, regulation, permit requirements, order or decree, whether by Contractor or its employees. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. The Contractor shall keep fully informed of all existing and pending state and national laws and municipal ordinances and regulations in any manner affecting those engaged or employed in the Work, or in any way affecting the conduct of tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in the Plans, Specifications, or Contract for this work in relation to any such law, ordinance, regulations, order or decree, Contractor shall forthwith report the same to the Engineer and City in writing. Contractor shall at all times himself observe and comply with and cause all its agents, subcontractors and employees to observe and comply with decrees; and shall protect and indemnify the City and Engineer, their officers, employees and agents against any expense, claim or liability arising from or based upon violation of any such law, ordinance, regulations, orders or decree, whether by Contractor or its employees. All building construction work alterations, repairs or mechanical installations and appliances connected therewith shall comply with the applicable building rules and regulations, restrictions and reservations of record, local ordinances and such other statutory provisions pertaining to this class of work. 11.11.1 GENERAL INDEMNIFICATION For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor shall and does hereby indemnify, hold harmless and defend the City of Sebastian, its officers, agents, officials, representatives and employees against any and all liability, loss, cost, damages, expenses, claim or actions, or whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal which the City of Sebastian, its officers, officials, agents, official representatives or employees or any other person(s) or business entity(ies) who may hereafter sustain, incur or be required to pay, arising wholly or in part due to any act or omission of Contractor, its agent(s), vendors, sub-Contractor(s), representatives, servants, or employees in the execution, performance or nonperformance or failure to adequately perform Contractor's obligations pursuant to this contract. A-53 12.0 MISCELLANEOUS 12.1 ADDRESSES FOR NOTICES All notices given under or in connection with any of the Contract Documents shall be delivered in person or by telegraph or email (confirmed) or registered or certified mail to the parties at the address as either party may by notice designate. 12.2 WRITTEN NOTICE Written notice shall be considered as served when delivered to the designated representative of the Contractor and receipt acknowledged or sent by registered mail to the individual, firm, or corporation to the business address stated in Bid Proposal. Change of Address: It shall be the duty of each parry 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. A-54 12.7 PUBLIC RECORDS FORM Contract Name: � "e ''1 Project Description: 1; Lt ivfcll-vr( e &%'16in tm�nvc•v.a�+'t 5 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. f) IF CONTRACTOR HAS A QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 1-772-388-8212 / E-MAIL JWILLIAMS@CITYOFSEBASTIAN.ORG CITY OF SEBASTIAN, 1225 MAIN STREET SEBASTIAN, FLORIDA. AUTHORIZED SIGNATURE:r �t.t,L4 � DATE: bLt Du Pre, PRINT i �� �G r tlht TITLE: 1're 3; A3"� COMPANY/FIRM: 'LAA � I 4Lov% CoV%Yt'"L+otj (oi ig . IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AT EST: e GcJ.� J aeP,c Y-ii'liAms, MMC ety Clerk (SEAL) _ A1proved. as to Form and Content for Rern - e by the City 6f Sebastian Only Robert A. Ginsburg, City A tomey THE CITY OF BAZ By: Name: Joseph Gn n title: City Manager A-55 Signed, sealed and delivered in the presence of: NAME: NAME: Q.a Wdam{ 4p Raymund GhoLL r n�.r� L. H. Tanner By: _ Name: Title: 96 k"� toccb 1 G +""f A, RAYMOND RAYMOND CHOUINARD _ Notary Public - State of FJ1011da�,�7,` Commltslan N GG 013 ,A.m�,q;.• My Comm. ExPlrlc Jul20 A-56 Police Evidence Building Bid Due: No Later Than 2:00 P.M. on April 6, 2017 Bid Opening: Beginning at 2:00 P.M. on April 6, 2017 BID PROPOSAL PRICE FORM The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein and having attended a Pre -Bid Conference / Meeting, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, meeting or exceeding the specifications as set forth herein for the price(s) quoted below. The price(s) quoted is (are) inclusive of any Addenda which may have been issued prior to this submittal. By the signature below, the Vendor agrees that this Bid Proposal is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded any work under this bid proposal, the Vendor agrees to enter into said agreement within ten (10) consecutive calendar days notice by the City, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the below stipulated price which shall remain firm for sixty (60) days following bid opening date. The City shall be entitled to liquidated damages in the amount of three hundred Dollars ($300.00) 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 180 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. See attached separate bid form 300 AUpttdb AlVetil) Mel(,evvy t �F ((iv;tdf^ 3 ?Ali 3 it • -�6019 S?-(- Ll ZU Teleph1o1ne Number(s): Fax Number(s): 1'tD l �.4 &0 htz r� Name and Titl fAuthorized Representative (Please Type or Prim) ?,igna nze Representative D m —w A-9 akv,Ih(2Q61+,vtne/: Cum Email Address (es): Police Evidence Building Bid 17-06 Item of works Quantity Unit Unit Price Total 1. Mobilization 1 LS (y 9,1S(,00 (v8 1SI.60 2. Demolition/Remove Concrete 1 LS I ZS 4.00 (, ?'".60 3. Clear and Grub 1 LS 3a 'I U0. S0 13111 t0 0.5'0 4. Remove Existing Fence 204 LF 4 . ? 9 V 15'. ((o 5. Erosion Control Fencing 1 LS 4,LA 0o 11, -15-!;-. 60 6. 1%" Asphalt Pavement (SP 9.5) 155 TN r, -1. S'1 30 ,1123. ?S 7. 6" Coquina Base 1,844 SY ( i. cf 2. 21 9 go. 4 $ 8. 8" Stabilized Base 1,844 SY 9.'14 t 71 , (no• r(o 9. Concrete Pavement 29 SY 8 3 , 0 S 2 , 4 D g. Li -s- -f10. 10. 6" Concrete Pad 1 EA 129, 2S 12�i. 2S 11. 6 ft. Chain Link Fence 410 LF 90.5", $ Li 3 3, '7 0 12. Chain Link Gate (double swing) I EA ( 4 30, 60 1430-00 13. Lighting (2 wall mount, pole & conduit) 1 LS 10 YD' 00 I (u SU • (3 0 14. Pavement Striping 1 LS 1( S- g. 30 I I s g, 3& 15. Concrete wheel stops 16 EA k( 3- 4 S to 5 r, 2a 16. Stormwater Manhole (4' dia) 1 EA 3 9'2 SD 7 3 8 2. $'0 17. Stormwater Type C Inlet 1 EA 2 -IN y 5-D 2 Sf 9 Q. S11 18. 18" Stormwater pipe (ADS N-12) 50 LF T7. • Z ( % 9&0, SZ 19. 1" Water Service Directional bore 63 LF loo, 3 2 (e 12-0. ( 20. 1" Water Service Line 53 LF 30� (o `i I (o L(o. S -1 21. 1"Water meter &RPZ I EA 2(03,C,-7 2(03, 9.1 22. 1" Service Saddle & Valve I EA 01y, 3 0 19 Olo. 3 0 23. 6" Sanitary Sewer Line 40 LF ?A(5- It (,(e. OD 24. 6" Sanitary Sewer Cleanout 1 LS 1 70• Sb 170• S'0 25. Landscaping 1 LS (9 ( (v (o, (a 9 61 4 (e. (O 9I 26. Building (CBS) with two roll -up doors 1 LS l 3 S', L S, 00 13� 00 27. AC Mini Split System 2 EA 2--1 5-D• 00 'i 5-60, C) 28. Aluminum roof gutters and downspout 1 LS N-10 . 00 1 N -)0. 0 (� 29. Interior epoxy floor and paint walls 1 LS -1(179(), 00 -1680-00 Total Price 3 3,4 5-, Z. R • (0 N March 25, 2017 ADDENDUM NO.1 City of Sebastian Police Evidence Building City of Sebastian 1225 Main Street Sebastian, FL 32958 (772)388-8228 fax: (772) 388-8248 The following will be considered as Addendum No.1 to the bid documents and specifications for the Bid Np. 17-06 Police Evidence Buildins 1. Question of the engineer's estimate Response: MBV (Design Engineers) cost estimate is $234,000. 2. The building is self -standing and not attached to an existing structure Response: Building is Concrete Block Structure (CBS) self -standing. 3. The existing PD fence will remain in place until the final stage of construction to ensure security of the Police facility. 4. MBV has obtained the SIRWMD permit Response: Permit no. 88975-4 S. Contractor will obtain all Building Permits and pay fees 6. Any unforeseen topographical surveys or geotechnical testing is the responsibility of the contractor and no compensation for these additional costs. 7. The building will contain two AC Mini Split systems on the north and south walls. Contractor to provide an add alternative cost for material and labor for the installation and electrical servicing of (2) ductless mini -split air handling units sized applicable for sufficient cooling of interior space. Response: Attached revised bid form with added Mini Split AC Systems 8. We are missing plan sheets E-1 M-1 P-1. Response: There are no Sheets E-1, P-1 and M-1. 9. If our preferred subcontractors are not registered to work in the City of Sebastian, can we still hire them and have them work under our license? Response: Yes and the City will require all contractors and subcontractor to register at the Building Dept. prior to start of work 10. What type of requirements do you have for licensing for the entity that will be to do the water tap? Will a plumbing license suffice? Response: Yes. 11. Item #18 on the bid sheet states: 18" Stormwater pipe (ADS 12"). Can you please clarify? Response: Correction per the Site Plan sheet C4 — install 18" ADS (N-12). Page 1 of 2 12. Can you provide us with an electrical riser diagram and/or electrical schedule? Response: Electrical schedule or E-1 sheet is not provided since there is minimal electrical work and all electrical information is provided on the architectural plans and a note added to Sheet A-1 stating "All slab penetration to be stubbed to finish floor grade with applicable screw in fitting. 13. Typical Exterior Wall Section Detail states to use #10 screws on the ceiling board. Can we use #8? Response: Ok, if it meets Florida Building Codes. 14. Can you provide us more detail on the roof collection and drainage system? Response: Add aluminum roof gutters (.027 gauge) to the roof and downspout to all four corners with concrete splash pad at ground. The aluminum color will match the building paint. 15. Are we to paint the interior of the building? Floor? And Walls? Ceiling? If so, can you provide some specs on this? Response: Interior floor will be painted with epoxy flooring and the interior walls painted to match outside color. 16. Does irrigation need to be included in this bid? Response: No irrigation 17. Do you have any additional information on the prelim location of the site lighting? What type of light pole do you want us to provide? Response: The light pole to match existing 15 ft. height decorative aluminum lamp post and LED fixture with brush bronzes color. 18. Can you please provide us with the asphalt thickness and the design mix to be used? Response: The asphalt thickness is shown on Sheet C-8 (AC is 1 h thickness Type SP 9.5). 19. Please provide information on the Insurance requirements for this project Response: Contractor will have standard contractor insurance and obtain performance bonds for the cost of the construction. 20. Can you please provide an allowance for permitting fees for this project? Response: No allowance will be provided for fees and all building permit fees to be part of the construction cost. 21. Drawing A-1 is indicating that doors D-2 and D-3 are to be 10 x 10 sectional doors. Can a salt door be quotes to eliminate the back hang? Response: The two 10 ft. x 10 ft. doors will be metal roll -up type to meet Florida Building Code for wind loads and contractor will supply product approval documents. 22. Drawing 5-001 under doors and windows note 2. It says that doors must be Miami NOA or FBC approved which one is needed? Response: City's Building Dept. or ok with either Miami NOA or FBC. Please sign and return this Addendum No. 1 with the bid package due on April 6, 2017. yldlr_T Sig Date Page 2 of 2 RICK SCOTT, GOVERNOR KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD CGC1511228 ThP GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2018 TANNER, LAWRENCE HENRY JR L H TANNER CONSTRUCTION CORPORATION 2300 AVOCADO AVE MELBOURNE FL 32935-3802 ISSUED 07/28/2016 DISPLAY AS REQUIRED BY LAW SEQ s L1607280001960 BREVARD COUNTY BUSINESS TAX RECEIPT ACCOUNT No. 2016 - 2017 SUBJECT TO COUNTY ZONING RESTRICTIONS 885005477 TAX RECEIPT SHOULD BE DISPLAYED ON PREMISES THE PERSON(S), OR ENTITY BELOW: BUSINESS PERIOD: October 01, 2016 - September 30, 2017 L H TANNER CONSTRUCTION CORPORATION EXPIRES: SEPTEMBER 30, 2017 2300 AVOCADO AV SUITE H MELBOURNE. FL ISSUED PURSUANT AND SUBJECT TO FLORIDA STATUTES AND BREVARD COUNTY CODE ISSUAN( 32935 DOES NOT CERTIFY COMPLIANCE WITH ZONING OR OTHER LAWS. BUSINESS TAX RECEIPT IS SUBJECT TO REVOCATION FOR ZONING VIOLATIONS, AND / OR FAILUR TO MAINTAIN REGULATORY PRE -REQUISITES AS REQUIRED FOR BUSINESS CLASSIFICATION(S), C SUBSEQUENT ACTIVITIES. NOTIFY TAX COLLECTOR UPON CLOSING OF BUSINESS. A PERMIT IS REQUIRED TO ADVERTISE (Including with signage)'GOING OUT OF BUSINESS'. LOCATION: 2300 AVOCADO AV SUITE H CITY OF MELBOURNE, FL 32935 OWNED BY. L H TANNER CONSTRUCTION CORPORATION BUSINESS CLASSIFICATIONS, DISCLAIMERS, AND RELATED FEES: 300305 GENERAL CONTR.[CERTIFIED] 590501 HAZ WASTE GEN. SURCHARGE 820005 RECEIPT AMT LISA CULLEN, CFC, Brevard County Tax Collector P 0 Box 2500, Titusville, Florida 32781-2500 (321) 264-6969 or (321) 633-2199 EXEMPTIONS: Receipt Fee 37.00 Hazardous Waste Fee 50.00 Zoning Application Fee 0.00 Building Occupancy Review Fee 0.00 Fire Prevention Fee 0.00 Late Penalty 0.00 NSF Fee 0.00 Transfer Fee 0.00 Paid 002-16-00046976 08/31/2016 87.00 MAIN OFFICE: 400 South St., 6th Floor, Titusville, FL 32780 BRANCH OFFICES: Merritt Island Office, 1605 N. Courtenay Pkwy Melbourne Office, 1515 Sarno Road Palm Bay Office, 450 Cogan Dr. SE Titusville Office, 800 Park Ave. Indian Harbour Beach Office, 240 E. Eau Gallie Blvd. DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies L. U :'I - G v4 Vw✓ Ci, �% -✓a/c+; 6 v inn✓ 0 rine• 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 ofthe United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: 4 0U I 1 —I c'�t.I,u,'1v Signature A-11 PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or 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 sworn 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. A-/2 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Bid, Proposal or Agreement No. l 1' U (9 for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by It ,15� rut tioo (d✓00 (name of entity submitting swom statement) whose business address is 2; IaJot 0 AvehUc IMe,Sov✓n2 FC- '32.53r and (if applicable) its Federal Employer Identification (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn 3. My name is ikon( 4""a -r" (please print name of individual signing) and rri relationship to the entity named above is F✓tS,;Lnh a( _14 -TAwvto.r C6kY+rvc-4i6v, (0V-.0 4. 1 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 Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 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. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact A -l3 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 [narked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this swom 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 ofthe State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department o General Services.) (Signature) Date: ul 14 t STATE OF FLORIDA COUNTY OF areUaY�- The foregoing instrument was acknowledged before me this 101h day of At 1 J 2017 by 1+011q 7tt.nrnet", Pres, d -o f (+0fle) an -behalf of (name of produced n«m, RAYMOND CNOOINARD Nolary Public • Slap of Florida W Commlaaloi • 00013010 My Comm. Exo" JW 20.2W >a 6lQiaiip), a partnership. He/$te is personally known to mr) or has as identification and did_) did not () take an oath. tea' U Name: gumdntl Chou+na4e� My Commission Expires: Julo1a, dodo Commission Number: C6 613919 A-14 CITY OF SEBASTIAN Executed in 1 Counterpart BID BOND KNOWN ALL MEN BY THESE PRESENTS, that L.H. Tanner Construction Corporation As Principal, and Developers Surety and Indemnity Company as Surety, are held and firmly bound unto the City of Sebastian, in the penal sum of Five Percent of the Amount Bid-- ------------(Dollars) $—5°yc—) 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 416117 , for: ITB No. 17-06 Police Evidence Building 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 fors 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, ifthe 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, ifthe 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 6th day of April 2017, 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.) U w vtwL�11�/ iAi r� PRINCIPAL: L.H. Tanner Construction Corporation Name of Firm Affix Seal 1 ?-__� (Signature of Authorized Officer) 2300 Avocado Ave. (Business Address) Melbourne FL - - (City) (State) SURETY: A-/8 32935 Developers Surety and Indemnity Company (Corporate Surety) J6� X�L Affix Seal Imo) j ci SYFeiy Secreta , Su L. ich (Signature of Authorized Officer) Gloria A. Richards, Attorney -in -Fact & FL Lic. Res. Agent (Title) PO Box 19725 — (Business Address) ` Irvine CA 92623-9725` (City) (State) (zip) Florida Surety Bonds, Inc. (Name of Local Insurance Agency) 620 N. Wymore Road, Suite 200 (Address) Maitland, FL 32751 The rate of premium of this bond is N/A perthousand. Total amount of premium charges N/A (The above must be filled in by Corporate Surety.) CERTIFICATES AS TO CORPORATE PRINCIPAL I;u (✓rt Jw'1� I, W V Q Q " J t ✓ certify that I am the Seeretary ofthe Corporation named as Principal in the within bond, that 11 L ✓ who signed the said bond on behalf of L.H. Tanner Constructio Corporation the princip�1,�iJ,1 was then i�e >I J cn'l ofsaidcorporation; that Iknow hiNsignature,and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested fro and on behalf of said corporation of it govemhig.body. (Corpo-atc Seal) Sate of Florida County of .dion -River Orange City afSebasftea Maitland Before me, a Notary Public duly commissioned, qualified and acting, personally appeared; Gloria A. Richards to me well known, who being by me first duly sworn upon oath, says that9YE is the attorney in fact for the Developers Surety and Indemnity Company , and thatV has been authorized by eurrtm for named therein favor of the City of Sebastian, Florida. Surety Subscribed and sworn to before me this 6th day of April 2017 Notary Public Sarah M. Drinnan 9/1/2019 M Commission Expires I== io State of Fbrida Yrinnan sion FF 91482301/2019 A-/9 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE. CA 92623 (949)2633300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint "'Kim E. Niv, Patricia L. Slaughter, Leslie M. Donahue, Jeffrey W. Reich, Susan L. Reich, Teresa L. Durham, Don Bramlage, Gloria A. Richards, Lisa Roseland, Cheryl Foley, Jointly or severally"' as their We and lawfulAbomey(s)Jn-Fad, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto sold Attorney(s)-in-Fact full power and authority to do and to perform every ad necessary, requisite or proper to be done In connection therewith as each of said corporations couk do, but reserving to each of said corporations hg pourer of substitution and revocation, and all of the acts of saidAllorney(s)an-Fad, pursuant to Nese Imse ds, are hereby raffled and confirmed. This Power of Adomey is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January tial 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the PmsldenL Executive Vice-Presldent Senior Vice -President or any Vice President of the corporations be, and that each of them hereby Is, authorized to execute this Power of Alla . quail" the attomey(s) named in the Power o(Ahomey to execute, on behalf of the conporatiors, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of Nem hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the sgnatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimite, and any such Pincer of Attorney or certificate bearing such facsimile signatures shag be valid and binding upon the corporations when so affixed and in the future with rasped to any bond, undertaking or contract of suretyship to whlch it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused Nese presents to be sgned by their respective officers and attested by their respective Secretary or Assistant Secretary this (Ith day of Felau&% 2017. v', By: f•�qV „unANO•µ,0'y ��kPANYDA DanW Young, SeniorVlosPresldenl G� g 1936 K x OCT. a 1987 Mark lsmdon, Uce•Presidenl•,,'t>`o.......... Iia" ..*n... A notary public or other officer completing this cer8ficate verifies only the Identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Orange On February 6. 2017 before me, Lucille Raymond, Notary Public Dale Nw Nmn Nrmma Txcteubamr personally appeared Daniel Yana and Made Lansdon Namtr)dshlr") LUCILLE RAYMOND Commission • 2081945 Notary Public • CallJornia, Orange Courtly M Comm. Alras Oct 13 2018 r Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed he the whium Instrument and acknowledged to me that helshalNey executed the sane In hsfiedNeir authorized cepsdty(les), and that by haftrAheir signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed Ube instrument I cedily under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Sgnalure Lard nut, Notary PuMc CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby ceniy, cwt the foregoing Power of Attorney remains N full force and has not been revoked and, funlremore. that the provisions of the resolutions of the respective Boards of Directors of said corporations set fad N the Power of Attorney are In force as of the date of this Certificate. • ........,,. This Certificate is executed In the City of lrvin% Cafdorrhla, this 6th day of April 2017. iv ANN/i o•,, o1kPIWYO� gJiwr �.� 3r 'Fo•.:Tt ,�r4�pPORgr�pn By; eA� A±- € -[ 1936 Casale Jelffalord, Assistant beolary i r r c 1967 •L .'•i'.�I/RLK'pia D'i' yCq[rF pp�T ATS -1002 (02(17) �����•••••..~• .. O Performance Bond CONTRACTOR: L.H. Tanner Construction Corporation 2300 Avocado Ave. Bond No. 453881 Executed in 2 Counterpart(s) SURETY: (I\'dn , kg d fldbrf ✓ed pn apo/plwr of b✓rinrcr) Developers Surety and Indemnity Company PO Box 19725 Melbourne, FL 32935 Phone: (321) 259-8099 Irvine, CA 92623-9725 OWNER: Phone: (949) 263-3300 (A\ ,, kgdfldl✓f and dddn'fff 1 •15.:1.L._.._.._. City of Sebastian 1225 Main Street Sebastian, FL 32958 CONSTRUCTION CONTRACT Date: April 26, 2017 Amnunu ($ 345,281.64 Phone: (772) 589-5330 Dmcriprion: 17-06 Police Evidence Building, Sebastian, FL 32958 (Name dnd Aw ion) BOND Datc: May 2, 2017 (No! ranYerlbun Conflmdion Cowwei Ddh) legal consequences. Consultation with an attorney Is encouraged with msPcct to its completion or m)di6carion. Any singular reference to Contractor, Surety, Owner or other party shall be considered Plural where applicable. This document combines two separate bonds, a Ptxformance Bond and a Payment Bond, into one firm.11L4 is not a single combined Performance and Amount: ($ 345,281.64 ) , Ij :kii6czfio F to this Bond: X None Sec Section 16 TONTRAC•I'Olt AS PRINCIPAL SURETY . - (C mpany. c (Corp wfe J'rd4 Company- (C'arporolr SrdQ. • y , 1 Developers Surety and Indemnity Company - am- n o 0 ora to �r St'"aturr: _ Signature: NAS �..ctw e"Cn f'�'TGyt'tCy J Name Gloria A. Richards _ _ - an and Titic: Attorney -in -Fact and FL Lic. Resident Agent (Aq)' d"Viid Jigd of dppe r on lbr 40/" lbif 1,e0 mdmr 80nd.) Inquiries: (407) 786-7770 (1,OR G\'1.ORI L477ON O:\'LY— Name, dddrrff dnd lekplimr) AGENT or BROKER: OWNER'S REPRESENTATIVE: Florida Surety Bonds, Inc. (Anhital, EnginrrorolberpaM.q 620 N. Wymore Road, Suite 200 Maitland, FL 32751 (407) 786-7770 3120170026385 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3023 PG: 875 Page 1 of 8 5/9/2017 3:19 PM By arrangement with the American Institute of Architects, the National Association of Surely Bond producers (NASBP) (www.nasbo.om makes this form document available to its members, a8ilialm and associates in t Microsoft Word format for use in the regular course of surely business. NASBP vouches that the original text of this document 00171161ttls exactly to the tact in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion execution or acceptance. S 17he Contractor and Surety, jointly and severally, bind themselves, their heirs, c;eecutom administrators, successors and assigns to the (Tuner for the performance of the Construction Contract, which is incorpomterd herein by reference. § 2 If the Contractor perfonnx the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as Provided in Section 3. § 3 If there is no Owner Default under the C nsrruetkn Contract, the Surety's obligation under this Il nd shall arise after .l the (honer first provides notice to the Contractor and the Surety that the (honer is considering declaring a Contractor Default. Such notice shall indicate whether the Chvncr is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. I f the Owner does nor request a conftrcnee, the Surety may, within five (5) business days after receipt of the Oaner % notice, request such a conference. If the Surety timely mqumrs: a confcrenec, the Owncr shall attend. Unless the (hvncr agrees otherwise, any conference requested under this Section 3.1 shag be held within ten (110 business days of the Surety's receipt of the Ownces notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently ro declare a Contractor Default; .2 the (Tuner dcclan-N a Contractor Default, terminates the Construction Contract and notifies the Surety, and .3 the (hvncr has agreed to pay the Balance of the Contmct Price in accordance with the terms of the Construction Contract ut the Surety or to a contractor selected ro perform the Construction Contract. § 4 Failure on the parr of the (honer to comply with the notice requirement in Section 3.1 shall not constitute a failure u) comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety dcmonsrmtcs actual prejudice. § 5 %Vhcn the (hvncr has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's cxpensc take fine of the following actions: § 5.1.1mnge for the Contractor, with the consent of the Owner, to perform and complete the Construction Conrmet; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated pmposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Cnstrucrion Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with petforrruncte and payment bonds executed by a qualified suucn' equivalent to the bonds issued on the Gmsrruction Contract, and pay to the Owner the amount of damages As described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default, or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circUmxtanCCa: .l After investigation, determine the amount for which it may be liable to the (Tuna and, as soon as practicable after the amount is determined, make payru nt to the Owner; or .2 Deny liability in whole or in parr and notify the Owner, citing the masons for denial. § 6 If the Surety docs not pmeced as provided in Section 5 with reasonable promprruns, the Surety shall be deemed to lc in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Suren' proceeds As provided in Section 5.4, and the (hvncr refuses the payment or the Surety has denied liability, in whole or in par, without further notice the Owner shall le entitled to enforce Any remedy available to the Owner. By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbo.oral makes this form document available to its members, affliates, and associates in r Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the tact in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its tomPletiort, execution or acceptance. S 7 1 f the Surety ducts to act under Scetien 5.1, 5.2 er 5.3, then the responsibilities of the Surety n) the Owner shall nut be greater than those of the Omtractor under the Cunstrucrion Contract, and the responsibilities of the Owner to the Surety shall nut be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, fix .1 the rcxponsibilitim of the Contractor for mrrcction of defective work and eomplcdon of the Construction Contract, .2 additional legal, design professional and delay ctxts resulting hurn the Cnntraetnrk Default, and resulting fmm the actions or failure to act of the Surety under 4crion 5; and 3 liquidated damages, or if no liquidated damages arc specified in the Construction Gnrcaet, actual damages caused by delayed Performance or non-performance of the Contractor. § 8 If the Surety clexts to act under Scctitn 5.1, 53 or 5.4, the Surety's liability is limited to the artvmnt of this Bund. § 9'Ihe Surety shall not be liable to the Owner or others for Obligations Of the Contractor that arc unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bund to any perste or entity other than the Owner or its heirs, exceutnrs, administrators, successors and assigns. § 101he Surety hereby waives notice of any change, including changes of time, to the Construction Contract nr to related sufxxmtracrs, purchase urdew and Other Obligations. § 11.\m• prOcceding, legal or Lyuitable, under this Bond may be instituted in any curt of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within tvo years after a d claration of Contractor Default or within two years after the Contractor ceased working nr within nun years after the Surety refuses or fails to pedorn its nbligatioms under this Bund, whichever necun first. I f the provisions of thin Paragraph arc void or prohibited by law', the minimum period of limimtion aadablc to sureties as a defense in the jurisdiction of the suit shad be applicable. § 12 Nntiec to the Sure"'. the Owner Or the Conmicmr shall be maded or delivered to the address shown on the page nn which their signature appears. § 13 \C'hen this Bond has been furnished to comply with a statutory or other legal requirement in the IOcatian where the: construction was n) be performed, any pruvision in this Bond conflicting with said statutory or legal requirement shad be deemed deleted hercfrom and prmisinns confirming to such staturory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be ennstrued as a statutory bind and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Ctntmct(,r under the Construction Contract after all pn)per adju`tmcnts have leen made, including allowance to the Omtractor of any amounts received or to be received by the Owner in settlement of insurance orother claims for damages to which the Omrraetor is entitled, reduced by ala valid and proper payments made to or nn behalf of the Contractor under the Construction Contract. § 142 Construction Contract. The agreement between the (honer and Contracror identified on the cover page, including all Contract DO umcnrs and changes made to the agreernenr and the Contract Dneumcros. § 143 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or Otherwise t) comply with a material term of the Crmstruetion Contract. § 14.4 Owmcr Dcfault. Failure of the Owner, which has not been remedied or waived, to) pay the Contractor as required under the Gmstruetion f entract or to perform and eumplere or comply with the other material terms of the fbnatruction Contract. § 14.5 Contract Documents.:\II the documents that comprise the agreement between the Owner and Contractor § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Brad shad be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. BY arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.rrasbo.om) makes this form document available to its members, affiliates, and associates in r Microsoft Wad fomtat for use in the regular course of surety business. NASBP vouches that the original text of this document oonforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its warding and consultation with an attorney are encouraged before its compledorn execution or acceptance. S 16 Modifications to this bond arc as follows; (l�w,r ir),rorrdrd &/om%r�ddi/iano/n,'eno/anf of oddcd parr rr, o//irr t[un lbon ppeanng on I/n roere�uga) CONTRACTOR AS PRINCIPAL SURETY (bmpanI (Corpowled'm/) CompanF (CorporulrSad) . , turc: — Name and T itle: .lddress: Signature: Name and Title: Address; By arrangement with 111e American Institute of Architects. the National Association of Surety Bond producers (NASBP) (www.nasbo.orF makes this form document available to its members, a161iates. and associates in x Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. Payment Bond CONTRACTOR: (Nam". legal ilaw anti adder) L.H. Tanner Construction Corporation 2300 Avocado Ave. Melbourne, FL 32935 OWNER: Ph: (321) 259-8099 (NOne, iCQO� r/q!l/.r Ord nddlT.r!� City of Sebastian 1225 Main Street Sebastian, FL 32958 Ph: (772)589-5330 CONSTRUCTION CONTRACT Datc: April 26, 2017 :lnunmt: (g 345,281.64 Executed In 2 Counterpart(s) Bond No. 453881 SURETY: leg it slalus and pimirnl plaw Vii% bmi,-!q Developers Surety and Indemnity Company PO Box 19725 Irvine, CA 92623-9725 Ph: (949)263-3300 Description: 17-06 Police Evidence Building, Sebastian, FL 32958 (Nawe and Ammon) BOND Dare: May 2, 2017 N.)/ earlier Man CmynvImilian Owls; 11)de) Ron<I: None x Svc Section 18 PRINCIPAL IvraiiM1bnr '`uC21g," b and '[irle: (.'Igyndr/ilianuri,;7nl/i y This document has important legal canscqucnces. Consultation wit h :m :m Dena is cncourtt ed with respcci io its cumplction or modification. Any singular n•ference to Contraoor, Sun•n•, (honer or Other Party shall be considered Plural mhcrc applicable. 'Phis duconicnt cumbina neo scPararc bands, a Pcrfi.rnxmcc (fond and a I'm wn; Bond, illi,) mle fnrnt'I'his is ani a sintdc combined Perlircm:mce and SURETY (6n1wideSeal) Cumpum: Develors Sure and Pe ty ��✓ Name Gloria A. Richards ; • , _ ° and'1'ide: Attorney -in -Fact and FL Lic. Resident 8gent �IN,r ejf INY Pq)nen/ Buurl.) (407) 786-7770 ev, n u,n dv OUR /.\'I-DRIVl'/'/UN t I:\7..1'—:Nome w1dirr,, nndWepGnnc) AGENT or BROKER: OWNER'S REPRESENTATIVE: (.�ln'(u/e,2 Fai�inrer ao/GerrulT:J FL Surety Bonds, Inc. 620 N. Wymore Road, Suite 200 Maitland, FL 32751 (407) 786-7770 By arruteement with the American Institute of Amhitec:ts. the National Association oI Sun:ty Bond Producers -5 (NASBP) (ccww.nasbn.ore) makes this fon,) document available to its members. alliliates. and associates in t Nlicnsoll Word lbrinat for use in the regular course Of surety business. NASBP vouches that the original text of this document coni'ornu exactly to the text in AIA Document A31'_-'_010, Perl'onnance Bond and Pavmon Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its �o'ording and consultation with:m atlomey am ettcOurged before ns completion, execution ortcceptance. S I Tla Contraeto r and Surety, jointly and severally, bind thenwelvcs, their heirs, exec Lit adminisuatn•., successors and assitims to the O%%nec to paw fur labor, materials and equipment furnished fur use in the performance of the Constriction Contract, which is incorporated herein by reference, subject to the following owing terms. § 21 f the Contractor promptly makes payment of all sum% clue to Claimants, and defends, indemnifies and holds harmless the Owner from claims, denandS, liens or suits by any person or entity seeking payment for labor, material% nr etluipnhent furnished for use in the performance of the Cnnstntctirnh Contract, then the Surery ;rad the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the COnStrUCtiOn (.antrtet, the Surcty's obliPlion To the Owner under this Bund shall arise after the Owner has prompts notified the Contractor and the Surely (at the address described in Section 1 3) of claims, demands, liens or suits aii;ainst the (Amer or the Chyner'S propert' by am person or entity seeking payment for labor, materials or equipment furnished for use in the per4n'nh1Incc of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 \\lien the O%ncr has satisfied the conditions in Secrion 3, the Surety shall promptl)' and at Tile Surety's expense defend, indeannif%• and hold harmless the O%%ner against a duly tendered claim, demand, lien nr suit. § 5'llhe Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Clainvtnts, who do not have ;t direct contract with the Contractor, .1 have furnished it written notice of non-payment n; the Contractor , w sluing with subseial aecutracy the amount claimed and the nanhe• of the parte to %yhom the materials %ycre, or equipmenr %vas, . furnished or supplied or for \%honk the lahor %vas done or performed, %vithin ninety (90) days :dyer haying last performed labor or last Cumished materials or ccluipmcnt included in the Claim; ;and .2 have sent it Claim no thdSur•tr (at the address described in Section 13). § 5.2 Claimants, who are employed In ur have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 11' n notice of non-payment required by Section 5. 1.1 is given by the O%yner to the Contractor, that is suffieiem to satisfy a Claimant', obligation To furnish a %vritien notice of non-p;r'mcnt under Section 5. 1. 1. § 7 When a Clainhant has satisfied the conditions of Sections 5.1 or 51, whichever isapplicable, the Surety shall prmnpd.y and at the urery's expense mkt• the fi ilm%ing actions: § 7ASend atn answer ro the claimant. %%;th a copy to t he (Avner, within sixt• (6t I) days after receipt of the Claim, stating the amounts that arc undisputed and the basis for challcnginG any amounts that arc disputed; and § 7.213ar or arrange fix payment of any undispurcd anhnunts. § 7.3'I'hc Surctr's failure to discharpre its obligations under Section 7.1 or Section 7.2 shall not he dCCmeel TO constitute a waiver (if defenses the Surraor Cont actor mnv hove ur aaluirc as to;I (111111, except ;IS to undispurcd amounts forwhich the Surety and Claimant hart rcachcd ngneenum. If, however, the surCO. hula to discharge its oblivattions under Section 7.1 or Section 7?, tile Surer shall indemnih the Claimant for the reasonable anorney's fees the Claimant incurs thereafter to recover any SLIMS found to be due and o%%•ing to the (aainwnt. § 8'111c Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fccs provided under Section Z3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts awed by the Owner it) the Contractor under the CunSrrlCtian Contract shall be used for the pet'fiam:wee• of rile Construction Contract and la satisfy taint', if any, under any construction perfornhaner bond. Be the Contractor furnishing and Thr ( )anrr accepiigG INS Bond, the% agree that all f imds earned br the Contr;etnr in the per6rrnumce of the Construction Contract arc• dedicated to satisfy ob14alions of the Contractor and Survey under [his Bond, Suhjrct to the ( )wner's priority to use the funds for the completion of the work. By arrangement with the American Institute of Amhitects, the National Association of Surety Bond pes roduc6 (NASBP) (wNyw.nasbt.nr_) makes this lbnn document available to its members. affiliates. and associates in t NlicrosoB Word lomat for use in the regular course ofsureiv business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312-2010. Performance Bond and Payment Bond. Subsequent modifications Tnny be made to the original text of this document by users, so careful rev'10% of its %%ording and consultation with an attorney are encouraged before its completion, execution or acceptance. S 16.4 Owner Default. r'ailure of the Owner, which his not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comph• with the other nmtetial teems of the Construction Contract. § 16.5 Contract Documents. all the documents that comprise the agreement between the Uwner and Connector. § 17 1 f this Bond is issued for an atnc•enaent between a Contractor and subcontractor, the term Contractor in this Bond shill be deemed to be Subcontractor and the term Owner shall be deemed to be Conu•acna•. § 18 Modifications to this bond are is follows: THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. (S)h/& is pwridrrl nf/xr dune /Garr rr/p/rr dn,,, an /Gr nrr er��ej CONTRACTOR AS PRINCIPAL, SURETY Compania (Cmwnv/r .S?n/) (.:ompanc: ((.inpnrt/r.Srrr) Signature: _ Name and Title Address: Signature. Name :md'I'itle: Address: By arrangement with the American Institute of Architects. the National Association of Surety Bond Producers 8 (NASBP) (www.nasbp.om makes this form document :mailable to its nacnalaers, alliliatcs. and associates in Microsoft Word ibnnat for use in the regular course of surety busi=c . NASBP vouches that the original test of this document conlbmas exactly to the test in AIA Document A_ 12-2010. Performance Bond and Payment Bond. Subsequent niotlif ications may be made to the original test of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 2633300 KNOW ALL BY THESE PRESENTS [hat except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint "'Kim E. Niv, Patricia L. Slaughter, Leslie M. Donahue, Jeffrey W. Reich, Susan L. Reich, Teresa L. Durham, Don Bramlage, Gloria A. Richards, Lisa Roseland, Cheryl Foley, jointly or severally"' as Thar true and IawfulAtiomey(s)-in-Fad, to make, execute, deliver and acknowledge, for and on behalf d said corporations, as sureties, bonds, undertakings and contacts of mretyshipgMng and granting unto said Atiorney(s) in -Fad full power and authority to do and to perform every ad necessary, requisite a proper to be done In connection therewith as each of said corporations mu!d do, but reserving to each of sad corporations full power of subsllartion and revocation, and all of the acts of said Attomey(s)4n-Fad, pursuant to these presents, am hereby raged and confirmed. This Power of Attorney is granted ands signed by facsimile under and by authority of the fo!imdng resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January tat 2008. RESOLVED, that a combination of any two of the Chairman of the Board, The President. Executive Vice -President Senior Vice-president or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the ettomey(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any cera ficate mlatlng thereto by facsimile, and any such Power of Attorney or oeNficate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and In the future with respect to any bond, underraiiing or contract of suretyship to wh!ch it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017. �-�yp ,,NO By: Gam' ,,• 1v ANO bye •, OtAPANYO C• Daniel You Senior Vioe-President Z* -S �tI PP�q Young, . 9 V64 y � x�•1 rV0 9J`� 9G B( 1936 Y .,�4FeW:p ` i C9l IF PSP Mark Lansdon, Vice -President .,,290•^*••'1,�•,• o A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or varmdl of that document Slate of California County of Orange On February 6. 2017 before me, Lucille Raymond Notary Public Dae idmolmann mend Me weeOPW personally appeared Daniel Young and Made Lansdon tvaneld as6,ulq LUCILLE RAYMOND Commission R 2081818 Notary Public - California Orange County M Comm. Alta Oct 13.20118t who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subsatbed to the within Instrument and acknowledged to me that helsheMey executed the some in histheritheir authorized capadly(ies), and that by hislherythelr signalura(s) on the Instrument the person(s), or the endty upon behalf of which the person(s) acted, executed the instmmenl. I cedify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is We and correct. WITNESS my hand and official seal. Place Notary Seal Above Signaturey arra Ludt mct, tory Public CERTIFICATE The undersigned, as Secretary aAssistanl Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby oerdly that the foregoing Power of Attorney remains in full tome and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set IoM In the Power of Attorney am In face as of tiro date of fids Certificate.. - /� This Certificate ic exeaded In the City of Irvine, California, this 2nd day of May 2017. tv ANO y�•., oMPaHY o� LJI7r.ti ,,��•�~pv4p�� � c PPoq T c 1936 Cass Byie J. Irisford, Assistant SeVtary i$t F g wo tse7 �'•:�4.raaAi:'it y o44 Nr 4, 9g �......• � .,` FOP � ATS -1002 (02/17) ,,, o ,v t• n.nm