HomeMy WebLinkAbout2019 ContractCONSTRUCTION SERVICES AGREEMENT
CITY OF SEBASTIAN AIRPORT PICKLEBALL COMPLEX
THIS AGREEMENT made this lZ' day of 4 4 , 2019, by and between the CITY OF
SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida,
32958, ("City") and The Nidy Sports Construction Company, Inc., ("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 Relationshin
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 City of Sebastian
Pickleball Complex. 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. 256,01;,00 7`
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The City will pay the Contractor a Fee of $25*.436-92; as further described in the Agreement to construct
the Pickleball Complex as identified in the Contractor's proposal.
2.0 AGREEMENT DOCUMENTS
The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement,
Supplemental Agreement(s), Construction Plans for Pickleball Complex (Plans and Specifications), 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
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The Specifications are an integrated part of the Contract Documents and as such will not stand alone if
used independently. The Specifications establish minimum standards of quality for this Project. They do
not purport to cover all details entering into the design and construction of materials or equipment. The
intent of the Agreement Documents is to set forth requirements of performance, type of equipment and
structures, and standards of materials and construction. It is also intended to include all labor and
materials, equipment, and transportation necessary for the proper execution of the Work, to require new
material and equipment unless otherwise indicated, and to require complete performance of the Work in
spite of omission of specific reference to any minor component part and to include all items necessary for
the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall
be required only to the extent consistent with the Agreement Documents and reasonably inferable from
them as being necessary to produce the intended results.
2.2 ENTIRE AND SOLE AGREEMENT
Except as specifically stated herein, the Agreement Documents constitute the entire agreement between
the parties and supersede all other agreements, representations, warranties, statements, promises, and
understandings not specifically set forth in the Agreement Documents. Neither party has in any way
relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties,
statements, promises or understandings not specifically set forth in the Agreement Documents.
2.3 AMENDMENTS
The parties may modify this Agreement at any time by written agreement. Neither the Agreement
Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an
instrument in writing signed by the party against which enforcement of the change, waiver, discharge or
termination is sought.
2.4 CONSTRUING TERMS
This Agreement shall not be construed against the party who drafted the same, as both parties have
obtained experts of their choosing to review the legal and business adequacy of the same.
2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY
This Agreement shall be governed by the laws of the State of Florida, and any venue for any action
pursuant to the Agreement Documents shall be in Indian River County, Florida. The parties hereto
expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising
hereunder.
2.6 TERM
This Agreement shall commence on the day it is executed by both parties and the term of the Agreement
shall extend until the Project is complete ("Final Completion") unless terminated in accordance with the
terms hereunder.
Contractor agrees that the work will be completed in accordance with the following timeframe:
a. Within 30 calendar days from effective date of Notice to Proceed, Contractor shall complete the
following tasks:
Obtain all necessary permits,
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2. Perform all photographic recording and documentation of conditions prior to construction.
3. Locate all existing utilities in the area of work. (Call 811 for compliance before digging)
4. Mobilize all labor, equipment, and materials.
5. Deliver and store all equipment and materials to the job site.
6. Notify all utilities and other affected parties prior to initiating construction.
b. From 31 calendar days to 150 calendar days from the effective date of Notice to Proceed, the
Contractor shall complete the following tasks:
I. Construct 8 pickleball Courts per the signed agreement. (Attachment A)
2. Perform all testing.
3. Construct sidewalks, canopy pad, and ADA ramps per the plans.
4. Construct parking lot per the plans.
5. Correct all deficiencies noted by Engineer or City Staff.
c. From 151 calendar days to 180 calendar days from the effective date of Notice to Proceed, the
Contractor shall complete the following tasks:
I . Grade site and prep for sod.
2. Clean site.
3. Remove all equipment and material from project site.
4. Perform contract closeout procedures.
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 NATURAL DISASTER
The words "Natural Disaster" mean an earthquake, flood, hurricane (or other named tropical event),
tornado or other cataclysmic phenomenon of nature. Rain, Wind or other natural phenomenon (including
tropical waves and depressions) of normal intensity for the locality shall not be construed as a "Natural
Disaster'.
3.3 MAN MADE DISASTER
The words "Man Made Disaster' would be an act of terrorism, war, arson or any deliberate act of a
human being to disrupt the progress of this project.
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 he understood as referring to the
American Society for Testing Materials. When reference is made to a certain Designated Number of a
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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 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.
3.7 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.
3.8 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.
3.9 DIRECTED. ORDERED_ APPROVED & ETC.
Wherever in the Agreement Document the words "directed", "ordered", "approved", "permitted",
"acceptable", or words of similar import are used, it shall be understood that the direction, order, approval
or acceptance of the Owner is intended unless otherwise stated.
3.10 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 building official, designee or consultant as the
Engineer who is not licensed. For this project, the City has assigned the following to be engineer:
Joseph W. Schulke, P.E.
Schulke, Bittle & Stoddard, LLC
1717 Indian River Blvd, Suite 201
Vero Beach, FL 32960
772-770-9622
3.11 GENERAL CONDITIONS
'I he 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.
3.12 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. For this project any city building official or
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designee has the right of inspection along with the following:
Joseph W. Schulke, P.E.
Schulke, Bittle & Stoddard, LLC
1717 Indian River Blvd, Suite 201
Vero Beach, FL 32960
772-770-9622
3.13 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.
3.14 OWNER
City of Sebastian, also referenced in the contract documents as the "City".
3.15 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.
3.16 PLANS
The official approved engineering plans prepared by the City's consultant, Schulke, Bittle & Stoddard,
LLC, titled: "Site Construction Plans for City of Sebastian Airport Pickleball Courts", including
reproduction thereof, showing the location, character, dimensions and details of the work to be done. If
required, any shop drawings submitted by the Contractor shall be considered as part of the contract
documents.
3.17 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.
3.18 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.
3.19 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. Specifications are
contained within these contract documents and within the plans.
320 SUBCONTRACTOR
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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.
3.21 SUPPLEMENTAL AGREEMENT
A written understanding, or proposal and acceptance, executed between the City and the Contractor
subsequent to execution of the Agreement herein with the written consent of the Contractor's Surety,
relating to the work covered by the Agreement and clarifying or furthering the terms thereof. A
modification to the Agreement shall be made by Contract Addendum.
3.22 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.
3.23 WORK. (The) or PROJECT. (The)
The public improvement contemplated in the Specifications, and all actions necessary to construct the
same.
3.24 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.
3.25 PERMITS (If reouired)
The work will require the contractor to obtain the necessary permits from the City's Building Department
for the construction of the building and/or structures and any site work, land clearing / tree removal,
dewatering, FDEP NOI. This may include any additional survey and or geotechnical and structural
information. All permitting / application fees will be the responsibility of the contractor to pay. Any
additional topographic survey needed to complete the work, required as -built survey preparation and
required geotechnical testing will be the responsibility of the contractor to hire licensed testing firm(s) to
conduct any surveys and testing, which is included in the price of various bid items.
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
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execution of the Work unless specifically noted otherwise. The Contractor shall do all the work described
in the Specifications and other Contract Documents and all incidental work considered necessary to
substantially complete the Work ready for use, occupancy, or operation in a manner acceptable to the
City.
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In the event of any inconsistency, discrepancy or conflict between the Agreement 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
Any discrepancies found between the Specifications and site conditions, or any errors or omissions in the
Specifications, shall be immediately reported to the City. The City shall promptly determine the validity
and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise
direct Contractor. Any work done by the Contractor after his discovery of such discrepancies, errors or
omissions shall be done at the Contractor's risk.
Any correction or errors or omissions in the Specifications may be made by the Engineer when such
correction is necessary for the proper fulfillment of their intention as construed by the City. 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 CIMNGES 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 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 Specifications, shall be furnished and
executed the same as if they were called for in the Specifications. The Contractor will not be allowed to
take advantage of any errors or omissions in the technical provisions of the Plans and Specifications. The
Engineer will provide full information when errors or omissions are discovered.
4.4 SPECIFICATIONS AT JOB SITE
One (1) complete set of the Specifications, Work Orders, Addenda, Change Orders, Shop Drawings and
samples shall be maintained at the job site, in good order and annotated to show all changes made during
the construction process, and shall be available to the Engineer and City at all times. A final copy thereof,
along with "as -built' record drawings, operations and maintenance manuals, and data sheets, shall be
delivered to the Engineer upon the completion of the Work.
4.5 DIMENSIONS
Dimensions and project limits will be field measured in advance to verify any inconsistent dimensions.
Where the work of the Contractor is affected by finished dimensions, these shall be verified by the
Contractor at site, and he shall assume the responsibility for their use.
4.6 SAMPLING AND TESTING
Except as otherwise provided, sampling and testing of all materials, and the laboratory methods and
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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 samoline and testine 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. When the
Contractor represents a material or an item of work as meeting Specifications and under recognized test
procedures it fails, re -testing shall be at the Contractors expense, billed at the Testing Laboratory's
standard rate for individual tests.
It is expected that all inspections and testing of materials and equipment will be done locally. If the
Contractor desires that inspections for tests be made outside of the local area, all expenses, including per
diem for the Engineer or Inspectors, shall be borne by the Contractor.
4.7 SHOP DRAWINGS
The Contractor shall provide shop drawings, setting schedules, and other drawings as may be necessary
for the prosecution of the Work in the shop and in the field as required by the Specifications or Engineer's
instructions. Deviations from the Specifications shall be called to the attention of the City at the time of
the first submission of shop drawings and other drawings. The City's approval of any shop drawings- shall
not release the Contractor from responsibility for errors, corrections of details, or conformance with the
Contract. Shop drawings shall be submitted according to the following schedule:
(a) Seven (7) copies shall be submitted to the City at least thirty (30) days before the materials
indicated thereon are to be needed or earlier if required to prevent delay of work or to
comply with subparagraph (b).
(b) The City shall, within seven (7) 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 seven (7) copies to the City.
(d) Three (3) copies of Approved Shop Drawings shall be returned to the Contractor by the
City.
4.8 OUALITY OF EOUIPMENT AND MATERIALS
In order to establish standards of quality, the Specifications may refer to certain products by name and
catalog number. This procedure is not to be construed as eliminating from competition other products of
equal or better quality by other manufacturers where fully suitable in design.
The Contractor shall furnish to the City a complete list of his proposed desired substitutions prior to the
signing of the Contract, together with such engineering and catalog data as the City may require. Further
substitutions may be submitted during the course of work in accordance with Paragraph 4.10
SUBSTITUTION OF EQUIPMENTAND/OR MATERNAL below.
The Contractor shall abide by the City's judgment when proposed substitution of materials or items or
equipment are judged to be unacceptable and shall furnish the specified material or item of equipment in
such case. All proposals for substitutions shall be submitted to the City in writing by the Contractor and
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not by individual trades or material suppliers. The City will advise of approval or disapproval of proposed
substitutions in writing within a reasonable time. The City can accept or reject such substitutions at its
sole discretion. No substitute materials shall be used unless approved by City in writing.
4.9 EOUIPMENT APPROVAL DATA
The Contractor shall furnish one (1) copy of complete catalog data for every manufactured item of
equipment and all components to be used in the Work, including specific performance data, material
description, rating, capacity, material gauge or thickness, brand name, catalog number and general type.
This submission shall be compiled by the Contractor and submitted to the City for review and written
approval before any of the equipment is ordered. Each data sheet or catalog in the submission shall be
indexed according to specification section and paragraph for easy reference. After written approval is
received by the Contractor, submission shall become a part of the Contract and may not be deviated from
except upon written approval of the City.
Catalog data for equipment approved by the City does not in any case supersede the Contract Documents.
The acceptance by the City shall not relieve the Contractor from responsibility for deviations from 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.
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No request will be considered unless submitted in writing to the City and approval by the City must also
be in writing. To receive consideration, requests for substitutions must be accompanied by documentary
proof of the actual difference in cost to the Contractor in the form of quotations to the contractor covering
the original equipment and/or material, and also equipment and/or material proposed for substitution or
other proof satisfactory to the City. It is the intention that the City shall receive the full benefit of the
saving in cost involved in any substitution unless the item is substituted for one designated in the
Specifications by specific manufacturer's name and type, in which case one-third of the savings shall
accrue to the benefit of the Contractor.
In all cases, the burden of proving adequate proof that the equipment and/or material offered for
substitution is equal or superior in construction and/or efficiency to that named in the Contract shall rest
on the Contractor and the proof will be submitted to the City. Request for substitution of equipment
and/or material which the Contractor cannot prove to the satisfaction of the City, at its sole discretion and
judgment, to be equal or superior in construction and/or efficiency to that named in the Contract will not
be approved.
5.0 MATERIALS AND WORKMANSHIP
5.1 MATERIALS FURNISHED BY THE CONTRACTOR
All materials and equipment used in the Work shall meet the requirements of the respective
Specifications, and shall not be used until it has been approved in writing by the City. Wherever the
specifications call for an item of material or equipment by a manufacturer's name and type, and additional
features of the item are specifically required by the specifications, the additional features specified shall
be provided whether or not they are normally included in the standard manufacturer's item listed.
Wherever the specifications call for an item of material or equipment by a manufacturer's name and type,
and the specified item becomes obsolete and is no longer available, the Contractor shall provide a
substitute item of equal or superior quality and performance which is acceptable to the Engineer and City
at their sole discretion 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
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defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to remove
rejected work or materials within ten (10) days after written notice to do so, the City may remove them
and may store the materials and equipment. Any cost incurred by the City shall be deducted from any
payments due the Contractor. This does not relive the Contractor from the requirement to supply and
install the required machinery or materials as required by the Bid and or plans and specifications.
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 of the Work that may be required to properly
receive the work of the various trades or as required by the Specifications to complete the Work.
Contractor shall restore all such cut or patched work as directed by the Engineer or the City. Cutting of
existing 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 (I) year, or additional time as provided by the manufacturer. In no case shall the warranty be less
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than one ( I ) year from the date of acceptance from the City."
Satisfaction of warranty work after final payment shall be as per Paragraph 10.15. All equipment and
material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to
the Engineer for review and acceptance prior to final payment.
Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of
breach of contract due to substandard materials or workmanship, nor shall such warranty period shorten
the statute of limitations for bringing a breach of contract or other action based upon any such
deficiencies.
6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR
6.1 PERSONNEL. EOUIPMENT 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 or the Engineer 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 furnish 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
survevine and staking shall be included in the various bid items and no additional comoensation.
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 REOUIREMENTS
Stakes to establish lines and grades shall be set at appropriate intervals to assure that work is constructed
to meet the lines and grade per plans and specifications. For construction stakes and other control,
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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, structure(s) 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 Engineer as needed for proper
completion of all work on the site.
6.8 LOCATION OF EXISTING UTILITIES AND PIPING
All existing underground facilities (i.e. irrigation, drainage) and 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 and City Public Works Department at least 48 hours prior to commencing any
work within the project area. There may be other utilities within the project area.
The cost of substantiating the location of the facilities and utilities shall be borne by the Contractor and
included in the bid price. The Contractor shall be responsible for the repair and/or replacement of any
damage caused to the facilities and utilities by Contractor forces during the course of construction.
Facilities and 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. The bidder needs to be in compliance with the
Florida Sunshine 811 procedures and make the appropriate call. The link below will give the bidder the
information they need prior to any digging.
http://www.sunsh ine8 I I.com/video
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 tares.
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Contractor shall enforce strict discipline and good order among Contractor's employees and other persons
carrying out the Work. Contractor shall not permit employment of unfit persons or persons not skilled in
tasks assigned to them. Contractor currently holds and shall maintain at all times during the term of this
Contract all required federal, state and local licenses necessary to perform the Work required under the
Contract Documents.
Contractor shall be responsible to the City for the acts and omissions of Contractor's employees,
Subcontractors and their agents and employees, and other persons performing portions of the Work under
a contract with Contractor. Contractor shall indemnify, defend and hold City harmless from all claims
arising out of or related to its performance of the Work except for acts arising solely from the active
negligence of the City.
Contractor shall indemnify, defend and hold harmless the City, its employees, Commission members,
agents, attorneys, and officers, each from and against all loss, damage, claims, and actions, and all
expenses, including, but not limited to, attorney's fees and costs, incidental to such claims or actions,
including but not limited to liability as a result of injury to or death of any person, based upon or arising
out of damage to property or injuries to persons or other tortious acts caused or contributed to by the
Contractor or anyone acting under its direction or control or in its behalf in the course of its performance
under the agrcement to be entered hereunder, and directly or indirectly caused, in whole or in part, by acts
or omissions, negligence or otherwise, of Contractor or an agent of the Contractor or an employee of
anyone of them, regardless of the negligence of the City or its employees, be it active or passive, except
where such loss, cost, damage, claim, expense, or liability arises from the sole gross negligence or willful
misconduct of the City. Upon request of the City, Contractor shall, at no cost or expense to the City,
defend any suit asserting a claim for any toss, damage or liability specified above, and Contractor shall
pay any cost and attorneys' fees that may be incurred by the City in connection with any such claim or
suit or in enforcing the indemnity granted above.
7.2 START OF CONSTRUCTION
The Contractor shall commence work on the date specified in the Notice to Proceed subsequently issued
by the City, or as specifically noted in any Contract Addendum. However, in no case shall the Contractor
commence work until the City has been furnished and acknowledges receipt of the Contractor's
Certificates of Insurance and a properly executed performance and payment bond as required.
73 CONTRACTTIME
The contractor shall complete, in an acceptable manner, all of the Work in the time stated in the Contract
Agreement (Paragraph 2.6 "Term") and any Addenda or Change Orders thereto.
7.4 SCHEDULE OF COMPLETION
The Contractor's schedules are subject to the approval of the City, which shall not be unreasonably
withheld, and shall reflect a logical sequence of the various components of work and the anticipated rates
of production necessary to complete the Work on or before the completion date. Said schedules shall be
submitted within ten (10) days of the execution of the agreement by the City except when requested
otherwise and shall be updated and resubmitted to the City on the twenty-fifth (25th) day of every month
with the Contractor's pay request.
7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE
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The Contractor shall coordinate its work with other contractors, the City, the Engineer, the Inspector, 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 lawnjust
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, facilities, 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 daring the progress of the Work; provided that, should the Contractor disturb, disconnect or
damage any utility or any structure, all expenses of whatever nature arising from such disturbance or the
replacement or repair and testing thereof shall be borne by the Contractor.
7.8 CROSSING PUBLIC FACILITIES
When new construction crosses highways, railroads, streets or similar public facilities under the
jurisdiction of state, county, city, or other public agency or private entity, the City through the Engineer
shall secure written permission prior to the commencement of construction of such crossing. The
Contractor will be required to furnish evidence of compliance with conditions of the permit from the
proper authority before final acceptance of the Work by City. Road closures are governed by Paragraph
8.3.
7.9 CHANGES IN THE WORK
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The City may order changes in the Work through additions, deletions or modifications without
invalidating the Contract; however, any change in the scope of work or substitution of materials shall
require the written approval of the City. Compensation and time of completion affected by the change
shall be adjusted at the time of ordering such change. New and unforeseen items of work found to be
necessary and which cannot be covered by any item or combination of items for which there is a contract
price shall be classed as changes in the Work. The Contractor shall do such changes in the Work and
furnish such materials, labor and equipment as may be required for the proper completion of construction
of the work contemplated. In the absence of such written order, no claim for changes in the Work shall be
considered. Changes in the Work shall be performed in accordance with the Specifications where
applicable and work not covered by the specifications or special provisions shall be done in accordance
with specifications issued for this purpose. Changes in the Work required in an emergency to protect life
and property shall be performed by the Contractor as required.
7.10 EXTENSION OF CONTRACT TIME
No extension of time shall be valid unless given in writing by the City. No monetary compensation shall
be given for such delay. A delay beyond the Contractor's control occasioned by a "Natural or Man Made
Disaster" 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 Engineer when
said Engineer determines that weather conditions make it counterproductive to work on said days. "Rain
day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain
day" extensions granted shall be processed as a Change Order with each pay submittal.
In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractor shall be granted
an extension of time to complete the Work for as many calendar days as the Work was suspended; except,
however, that the Contractor will not be granted an extension of time to complete the Work if the
suspension was caused by a fault of the Contractor.
7.11 CORRECTION OF WORK
Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements of the
Contract Documents, whether observed before or after completion of the Work and whether or not
fabricated, installed or completed, and shall correct any Work found to be not in accordance with the
requirements of the Contract Documents within a period of one (1) year from the date of completion of
the Work or by the terms of an applicable special warranty required by the Contract Documents. The
provisions of this Paragraph apply to the Work done by Subcontractors as well as to the Work done by
direct employees of Contractor.
Nothing contained in this Paragraph shall be construed to establish a period of limitation with respect to
other obligations which Contractor might have under the Contract Documents. Establishment of the time
period of one (I ) year as described herein 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 LIOUIDATED DAMAGES
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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, liuuidated damaees in the amount of three
hundred dollars ($300) Der day beyond the agreed completion of the work. 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 he 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. Safetv Precautions and Proerams
The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the Work in accordance with the U.S. Department of Labor Occupational
Safety and Health Act and the laws of the State of Florida.
This Contract requires that the Contractor and any and all subcontractors hired by the Contractor comply
with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act
constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court
costs arising from penalties charged to the City for violations of OSHA committed by the Contractor or
any and all subcontractors.
B. Safetv of Persons and Property
The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable
protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may
be affected thereby; all the work materials and equipment to be incorporated therein, whether in storage
on or off the project site, under the care, custody or control of the Contractor or any of his subcontractors;
and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks.
pavements. roadways, structures and utilities not designated for removal, relocation or replacement in the
course of construction.
The Contractor shall be held fully responsible for such safety and protection until final written acceptance
of the Work. Fire hydrants on or adjacent to the Work shall be kept accessible to fire fighting equipment
at all times. Temporary provisions shall be made by the Contractor to insure the proper functioning of all
swales, gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed except
as approved by the City. The Contractor acknowledges that, in executing the Project, it will operate
machinery and equipment that may be dangerous to the adjacent property owners and the general public.
The Contractor will be required to conduct excavations for the Project that may be hazardous to person
and property. The Contractor shall develop and implement a job safety and security plan that will
adequately protect all property and the general public. Contractor shall rigorously prohibit the
committing of nuisances on the site of the Work, on the lands of the City or an adjacent property.
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8.2 TRAFFIC CONTROL
All safety precautions, traffic control, and warning devices necessary to protect the public and workmen
from hazards within the right-of-way shall be in strict accordance with SECTION 102, MAINTENANCE
OF TRAFFIC, in the Florida Dept. of Transportation (FDOT) Std The State of Florida Manual r f Traffic
Control and Safe Practices for Street and Highway C'onsiruclion, Maintenance and Utility Operations
.Specifications for Road and Bridge Construction, latest edition shall be used as minimum standards, as
applicable. Further, the Contractor shall carry on the Work in a manner that will cause the least possible
obstruction and interruption in traffic, and the least inconvenience to the general public and the residents
in the vicinity of the work.
8.3 ROAD CLOSURE AND DETOURS
Local traffic shall be maintained within the limits of the Project for the duration of the construction
period. Closing to through travel of more than two (2) consecutive blocks, including the cross street
intersected will not be permitted without specific authorization of the City. No road or street shall be
closed to the public except with the permission of the City and proper governmental authority. When
closing of roads is permitted, it shall require forty-eight (48) hours notification to the City. Traffic
detours shall be pre -approved prior to closing. "Street Closed to through Traffic" signs and "Detour"
routes shall be indicated and maintained by the Contractor when the job is located in a public or private
street.
8.4 PROVISION OF ACCESS
Where traffic must cross open trenches, the contractor shall provide adequate ingress and egress to
dwellings. business facilities, utilities and service. Temporary provisions shall be made by the Contractor
to insure the use of sidewalks. The Contractor shall provide suitable crossings at street intersections and
driveways, and supply such aid as may be required for pedestrians and motorists, including delivery
vehicles, to safely negotiate the construction areas. On completion of Work within any area, the
Contractor shall remove all debris, excess materials, barricades and temporary Work leaving walkways
and roads in said area clear of obstructions.
8.5 WARNING SIGNS AND BARRICADES
The Contractor shall provide adequate signs, barricades, warning lights and Flagmen, as required, and all
such other necessary precautions for the protection of the Work and the safety of the public. All
barricades and obstructions shall be protected at night by regulatory signal lights which shall be kept in
operation from sunset to sunrise. Barricades shall be of substantial construction and shall be reflective to
increase their visibility at night. Suitable warning signs shall be so placed and illuminated at night as to
show in advance where construction, barricades or detours exist. Unless so designated in the Bid
Documents, no direct payment for this work will be made, but the cost of providing, erecting and
maintaining such protection devices, including guards, watchmen and/or flagmen as required shall be
considered as included and paid for in the various contract prices of the Work. Warning signs and
barricades shall be in conformance with the Stale of Florida, Manual of Traffic Control and .Safe
Praclices,for Street and Highway Construction, Maintenance and Utility Operations, latest edition.
The Contractor shall provide and maintain adequate barricades, construction signs, torches, flashers,
guards and flagmen as required in pedestrian and vehicular traffic areas. Regulations of local authorities
shall be compiled with. Advance warning signs are required on all streets where work is being conducted.
Lane closures shall be signed and barricaded or coned as indicated in aforementioned FDOT Index.
Flagmen may be required where traffic and length of lane closure warrant them. Where such a plan is
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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's Trench Safety Act
https:/Iwww.osha.gov/Publicationslosha2226.pdf and the Florida Trench Safety Act Statue
https://www. fisenate.eov/Laws/Statutes/2017/Chauter553/PART III 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.
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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 of surplus materials in the forms of
solids, liquids or gases including, but not limited to, fuels, oils bitumen, calcium chloride or other harmful
materials.
Contractor shall conduct and schedule Work operations so as to avoid or otherwise minimize pollution or
silting of streams, lakes and reservoirs and to avoid interference with movement of migratory fish where
there is a high potential for erosion and subsequent water pollution.
Erosion control features shall be constructed concurrently with other work and at the earliest practicable
time.
The Contractor shall prepare a detailed description of Contractor's plan for Erosion and Turbidity
Control, including location of erosion control and turbidity control devices, marked on a plan set as
needed for clarity. The erosion and turbidity control shall meet the requirements of the St. John's River
Water Management District and the applicable City's NPDES program for control of discharge of Total
Suspended Matter, and shall prevent water and wind erosion of open excavations and swales.
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ARTICLE III - Suaervision 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 of the
Contractor to carry out the provisions of the Contract or to supply materials meeting the requirements of
the Specifications, or the action of a governmental agency, by serving written notice of suspension to the
Contractor. In the event that the Engineer shall become aware of any condition which may be cause for
suspension of the Work, the Engineer shall immediately advise the City of such condition. The Contractor
shall not suspend operations under the provisions of this Paragraph without the City's permission.
9.4 CONSTRUCTION REVIEW OF WORK
All materials and each part or detail of the Work shall be subject at all times to construction review by the
Engineer and the City. The Engineer and the City may appoint inspectors. The Contractor will be held
strictly to the true intent of the Specifications in regard to quality of materials, workmanship, and the
diligent execution of the Contract. Such construction review may include mill, plant, or shop inspection,
and any material furnished under the Specifications is subject to such inspection. The Engineer and the
City shall be allowed access to all parts of the Work and shall be furnished with such information and
assistance by the Contractor as is required to make a complete and detailed review. The City shall not be
responsible for the acts or omissions of the Contractor.
9.5 FIELD TESTS AND PRELIMINARY OPERATION
The Contractor shall perform the work of placing in operation all equipment installed under this Contract.
except as specifically noted hereinafter.
The Contractor shall make adjustments necessary for proper operation.
The Contractor shall provide construction labor required for preliminary operation of the equipment
installed under this Contract.
The Contractor shall notify the City when work is considered to be complete, in operating condition, and
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ready for inspection and any testing, if needed. Any testing required will be the contractor responsibility
for the cost of the testing.
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 by the contractor. The cost of retesting when materials and
workmanship fail to meet specified requirements will be deducted from moneys due the Contractor.
9.6 EXAMINATION OF COMPLETED WORK
The City may request an examination of completed work of the Contractor at any time before acceptance
by the City of the Work and shall remove or uncover such portions of the finished work as may be
directed. After examination, the Contractor shall restore said portions of the Work to the standard
required by the Specifications. Should the work thus exposed or examined prove acceptable, the
uncovering or removing and the replacing of the covering or making good of the parts removed shall be
paid for as extra work, but should the work so exposed or examined prove unacceptable, the uncovering,
removing and replacing shall be at the Contractor's expense.
9.7 CONTRACTOR'S SUPERINTENDENT
A qualified superintendent, who is acceptable to the City, shall be maintained on the project and give
sufficient supervision to the Work until its completion. The superintendent shall have full authority to act
on behalf of the Contractor, and all communications given to the superintendent shall be considered given
to the Contractor. in general, such communications shall be confirmed in writing and always upon written
request from the Contractor.
9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES
Upon failure of the contractor to perform the work in accordance with the Contract Documents, including
any requirements with respect to the Schedule of Completion, and after five (5) days written notice to the
Contractor, the City may, without prejudice to any other remedy he may have, correct such deficiencies.
The Contractor shall be charged all costs incurred to correct deficiencies.
9.9 CITY'S RIGHT TO TERMINA'T'E 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
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9.15 NIGHT. SATURDAY AND/OR SUNDAY WORK
No night or Saturday and Sunday work will be permitted, except in case of emergency, or with prior
approval from City, and then only to such extent as 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 (15) 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 forms provided by the City, or a form presented by the
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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 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, an invoice showing paid 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. Contractor must provide a
Builders Risk Policy for all materials used in the construction of this bid.
An amount of 10% of each monthly pay request shall be retained until final completion and written
acceptance of the Work by the City. Payment of the retainage shall be included in the Contractor's final
pay request in accordance with Paragraph 10.14. Any deviation in the release or partial release of the 10%
retainage shall be at the sole discretion of the City, but in no case earlier than completion of the
Engineer's "punch list inspection".
Any request for payment shall be accompanied by claim releases for work done or materials furnished in
accordance with Paragraph 10.13.
Prior to submission of any request. for payment by the Contractor, the Engineer shall review the request
for payment to determine the following:
(a) That the work covered by the request for payment has been completed in accordance with
the intent of the Plans and Specifications.
(b) That the quantities of work have been completed as stated in the request for payment,
whether for a unit price contract or for payment on a lump -sum contract.
10.3 CITY'S ACTION ON A REOUEST FOR PAYMENT
Within thirty (30) days from the date of receipt of a request for payment the City shall do one of the
following:
(a) Approve and pay the request for payment as submitted.
(b) Approve and pay such other amount of the request for payment in accordance with
Paragraph 10.4 as the City shall decide is due the Contractor, informing the Contractor in
writing of the reasons for paying the amended amount.
(c) Disapprove the request for payment in accordance with Paragraph 10.4 informing the
Contractor in writing of the reasons for withholding payment.
,1 -?5
10.4 CITY'S RIGHT TO WITHHOLD PAYMENT OF A REOUEST 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 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.
A-16
10.7 CHANGES IN THE WORK
A. Chanee 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 the Contract Price. Contract
Time. and 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 by the Parties.
(c) By unit prices established for additional kinds of work.
(d) By other methods as may be mutually agreed upon by the Parties.
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 those
items or actual work done. 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. The City will not be responsible for the
Contractors anticipated profits for those items that were deleted or work that was not performed.
t -z7
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 City may enter into an agreement with others for the completion of the Work tinder this
Agreement and the Contractor shall be held harmless for the work of others. No further payments shall be
due the Contractor until the Work is completed and accepted by the City. If the unpaid balance of the
contract amount shall exceed the cost of completing the Work including all overhead costs, Contractor
shall be paid up to the amount of the excess balance on a quantum merit basis for the work done prior to
termination. If the cost of completing the Work shall exceed the unpaid balance, the Contractor or use of
their Performance Bond will 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 Caisse
I
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 (INTER] M/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.
n -2e
10.14 ACCEPTANCE AND FINAL PAYMENT
When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and Engineer
that the Work has been completed in accordance with the terms of the Contract Documents, the Engineer
shall certify completion of the Work to the City. At that time, the Contractor may submit the Contractor's
final request for payment. The Contractor's final request for payment shall be the contract amount plus all
approved written additions less all approved written deductions and less previous payments made. As a
condition for Final payment, a Contractor's Final Affidavit must be received by the City along with his
Final Payment Request and any as -built drawings which may be required. The Contractor shall furnish
full and final releases of Claim for labor, materials and equipment incurred in connection with the Work,
following which the City will release the Contractor except as to the conditions of the performance bond,
any legal rights of the City, required guarantees and satisfaction of all warranty work, and shall authorize
payment of the Contractor's final request for payment.
10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT
The making of the final payment by the City to the Contractor shall not relieve the Contractor of
responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty materials
and workmanship and the Contractor shall promptly replace any such defects discovered within one (1)
year from the date of final written acceptance of the Work by the City.
11.0 PUBLIC CONTRACT REOUIREMENTS
COVENANT AGAINST CONTINGENT FEES
The Contractor warrents 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
A-'9
Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member
of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant,
the making of any Federal loan, the entering into of any cooperative agreement and the extension,
continuation, renewal, amendment or modification of any Federal contract, Grant. loan or cooperative
agreement. If any funds other than Federal appropriated funds have been paid by the Contractor to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a member
of Congress, an officer or employee of Congress or an employee of a member of Congress in connection
with this Agreement, the undersigned shall complete and submit Standard Form- "Disclosure Form to
Report Lobbying" in accordance with its instructions.
11.4 INTEREST OF CONTRACTOR,
The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or
indirect, which shall conflict in any manner or degree with the performance of services required to be
performed under this Agreement. The Contractor 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
"rhe Contractor shall file the attached sworn statement which is entitled PUBLIC ENTITY CRIMES,
stating whether a person or affiliate as defined in Section 287.133 (1) Florida Statutes, has been
convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of said
statute.
11.6 DRUG-FREE WORKPLACE
The Agreement documents also include the "Drug -Free Workplace Form" which is in accordance with
Florida Statute 287.089 and must be signed and instituted.
11.7 COMPLIANCE WITH LAWS
Contractor shall comply with all applicable federal laws that in any way regulate or impact the Work.
including, but not limited to, The Clean Air Act (42 USC §7506(c)), The Endangered Species Act (16
USC §1531, et seq.), Executive Order No. 11593, Executive Order No. 11988, Executive Order No.
11990, The Fish and Wildlife Coordination Act (PL 85-624), The Safe Water Drinking Act Section
1424(e) (PL 93-523, as amended), The Wild and Scenic Rivers Act (PL 90-542, as amended), The
Demonstration Cities and Metropolitan Development Act of 1966 (PL 89-754), Section 306 of The Clean
Air Act, Section 508 of The Clean Water Act, Executive Order No. 11738, The Civil Rights Act of 1964
(PL 88-352), The Age Discrimination Act (PL 94-135), Section 13 of The Federal Water Pollution
Control Act (PL 92-500), Executive Order No. 11246, Executive Order No. 11625, Executive Order No.
12138, Executive Order No. 12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and
Health Act and applicable regulations, and the Americans with Disabilities Act (PL 101-336).
11.8 INSURANCE
The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and
maintain said insurance during the life of this agreement:
1-30
(a) Workers' Compensation - Contractor shall purchase workers' compensation
insurance as required by law.
(b) Commercial General Liabilitv - Contractor shall purchase Commercial General Liability
insurance with a combined single limit of at least $1,000,000.
(c) Commercial Auto Liabilitv - Contractor shall purchase Commercial Auto Liability
insurance with a combined single limit of at least $1,000,000.
Further, 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 commence the Work under this contract until Contractor has obtained all the
insurance required under this paragraph and certificates of such insurance have been submitted to the
City, nor shall the Contractor allow any subcontractor to commence work on a subcontract until all
insurance required has been so obtained and approved by the City. The Contractor shall carry and
maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect
Contractor and any subcontractor performing work under this Contract, or the City, from all claims and
liability for damages for bodily injury, including accidental death, under this Contract, whether by
Contractor or by any subcontractor or by any one directly or indirectly employed by either of them.
The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance,
naming the City as an additional insured party, prior to the start of construction as provided in the
Contract.
11.9 BOND (Reauired)
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, State and/or St. John's River Water Management District ERP permits and other permits
necessary for the prosecution of the Work shall be secured by the Contractor except for the following
which shall be secured by the contractor: Contractor's licenses and registrations, dewatering permits that
may be required by St. Johns River Water Management District (SJRWMD) and the City of Sebastian,
land clearing permit required by the City of Sebastian, FDEP NOI permit for stormwater discharge from
construction activities and FDEP Industrial wastewater generic Permit for the discharge of produced
groundwater from any non -contaminated site activity that may be required by the State of Florida.
Contractor shall secure all building permit(s) required by the City's Building Official, including any
building/ structure(s), fence, electrical, mechanical, etc.
.4-3/
1 1.1 1 LAWS TO BE OBSERVED
The Contractor shall give all notices and comply with all federal, state and local laws, ordinances, permit
requirements and regulations in any manner affecting the conduct of the Work, and all such orders and
decrees as enacted by bodies or tribunals having any jurisdiction or authority over the Work, and shall
indemnify and save harmless the City and Engineer against any expense, claim or liability arising from, or
based on, the violation of any such law, ordinance, regulation, permit requirements, order or decree.
whether by Contractor or its employees. The failure of the Contractor to adhere to any known law or
regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this
Agreement.
The Contractor shall keep fully informed of all existing and pending state and national laws and
municipal ordinances and regulations in any manner affecting those engaged or employed in the Work, or
in any way affecting the conduct of tribunals having any jurisdiction or authority over the same. If any
discrepancy or inconsistency is discovered in the Plans, Specifications, or Contract for this work in
relation to any such law, ordinance, regulations, order or decree, Contractor shall forthwith report the
same to the Engineer and City in writing. Contractor shall at all times himself observe and comply with
and cause all its agents, subcontractors and employees to observe and comply with decrees; and shall
protect and indemnify the City and Engineer, their officers, employees and agents against any expense,
claim or liability arising from or based upon violation of any such law, ordinance, regulations, orders or
decree, whether by Contractor or its employees.
All building construction work alterations, repairs or mechanical installations and appliances connected
therewith shall comply with the applicable building rules and regulations, restrictions and reservations of
record, local ordinances and such other statutory provisions pertaining to this class of work.
1 I.1 1.1 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.
11.1 12 SOVEREIGN IMMUNITY
It is agreed that nothing contained in this Agreement is intended to waive the City's sovereign immunity
set forth in Section 768.28, Florida Statutes, or other applicable governmental immunities.
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.
A-32
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(QaCITYOFSEBASTIAN.ORG CITY OF
SEBASTIAN, 1225 MAIN STREET SEBASTIAN, FLORIDA.
AUTHORIZED SIGNATURE: DATE:
PRINT_ TITLE:
COMPANY/FIRM:
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the da. and year
first above written.
ATTEST: //-- 11 /nfinn THE CIT F SEB IAN
OAM&Wj-&A* 4, By_
te`iYJ`ie7ns.�tvlMC N e: PauiCarlisle
uy Cterk Title: City Manager
(SEAL) 7
App=yed as to-Pbrm-knd-Content for
Relidireeb• -the Cwif ot_Sebastian Only
Jame . Stokes. City Attorney
CONTRACTOR
The Nidy Sports Construction Company, Inc.
Signed, sealed and delivered
in the presence of.
NAME: ! 1 t��UiILC%Q �/L/Qf� B.
Na L�1 i�Lt/tlnN)f
NAM I Title:
U
1-3J
S i16Notary Public Slate d Fonda
S Casantlra Pryor
p My Commission FF 969554
9ja VExpires 03I09t2020
� /SPORTS CONSTRUCTION / 60
W.
PROPOSAL SUBMITTED TO:
BRIAN BENTON
CITY OF SEBASTIAN
PHONE: (772) 388-8231
NCPA
National Cooperative Purchasing Alliance
LOCATION: February 7, 2019
AIRPORT PICKLEBALL PARK
8 PICKLEBALL COURTS
CONTRACT 08-07
ATHLETIC SURFACE SYSTEMS MAINTENANCE &
CONSTRUCTION
REGION 14 ESC
Is job located within the city limits? ❑ no ❑ yes
PAYMENT TERMS: Monthly Progress Payment based on Schedule of Values - 1 Y:% per month (18% APR) finance charge on all balances over 30
days. We propose to furnish material and labor according to the specifications below, for the sum of:
Breakout Pricing
Material is guaranteed to be as specified and work will be according to standard practices. Changes from specifications involving additional costs will only
be done upon a written order and will become an extra above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our
control. Owner to carry fire, tornado, and other necessary insurance. Our workers are fully covered by Worker's Compensation Insurance.
Note: This proposal may be withdrawn by us if not accepted within 30 days.
ESTIMATOR: Jonathan Pagn
Task
Pre -Con & Layout
Prep & Undercut Site
Stone Base
Asphalt Paving
Post Footers and Equipment
4 Coat Plexipaye System
8' Fence wl 6' windscreen
Concrete (flat work & ADA ramps)
AIRPORT PARK PICKLEBALL 8 COURTS
Quantity
u of m
Flidv rate
Moly Rice
NEPA Ca -On late
2
DAY
$1,005.00
$2,010.00
$1,530.00
1185
CY
$20.00
$23,700.00
$20.40
27513
SF
$1.53
$42,094.89
$1.53
27513
SF
$2.90
$79,787.70
$408
8
EA Court
$2,724.50
$21,796.00
$3,570.00
2093
SY
$9.33
$19,527.69
$10.20
920
LF
$41.07
$37,784.40
$75.00
2411
SF
$10.68
$25,749.48
$20
TOTAL $252,450.16
City to provide all necessary clean frit for this project delivered to job site
NCPA Co-Oo Rice
**EXCLUSIONS:, PERMITS, DEMO OF EXISTING FENCE OR STRUCTURES, LOCA TES, SODDING, COURT or PARKING
CURB, TRENCH DRAINS, IRRIGATION MODIFICATIONS, RELOCATION OF UTILITIES, DRAINGAGE PIPING or
STRUCTURES, COURT LIGHTING or CONDUIT, CLEAN FILL, TRASH CANS, BIKE RACKS**
$3,060.00
$24,174.00
$42,094.89
$112,253.04
$28,560.00
$21,348.60
$69,000.00
$48,220
S345,650.53
ACCEPTANCE: The above specifications, conditions, and price(s) are acceptable. I authorize Nidyt the work /specified.
ACCEPTANCE A j !-IOR ZI ED SIGNATURE
1075 Florida Central Parkway #2200 Longwood 32750 * (407) 330-9466 * fax (407) 330-9343 • www.NIDYSPORTS.com
(-7PNZ.DY'
/SPORTS CONSTRUCTION
W.
PROPOSAL SUBMITTED TO.
BRIAN BENTON
CITY OF SEBASTIAN
PHONE: (772) 388-8231
NCOJA
National Cooperative Purchasing Alliance
LOCATION: February 7, 2019
AIRPORT PARK PICKLEBALL
8 PICKLEBALL COURTS
CONTRACT 08-07
ATHLETIC SURFACE SYSTEMS MAINTENANCE &
CONSTRUCTION
REGION 14 ESC
Is job located within the city limits? ❑ no ❑ yes
PAYMENT TERMS: Monthly Progress Payment based on Schedule of Values - tYa% per month (18% APR) finance charge on all balances over 30
days. We propose to furnish material and labor according to the specifications below, for the sum of:
$174,200
Material is guaranteed to be as specified and work will be according to standard practices. Changes from specifica0ons involving additional costs will only
be done upon a written order and will become an extra above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our
control. Owner to carry fire, tomado, and other necessary insurance. Our workers are fully covered by Worker's Compensation Insurance.
Note: This proposal may be withdrawn by us if not accepted within 30 days.
ESTIMATOR: Jonathan PRDD
8 Pickleball Court Construction
Court Paved Area (70' x 132') & (70' X 132) 00
/t �•scosjr ^ n c i j TP
1. Mobilization and Layout of courts. ,r'dY 1_-'11 Fri,, 44e. �,e.cr• •
2. Furnish & Install silt fence around perimeter of site, cover existing structures & inlets. �"�
3. Strip grass & compact subgrade; spoils to be dumped & graded south of site (not removed from site)
4. Furnish & install (4) 80' runs of schedule 40 PVC electrical conduit, stub out 5' off court edge
5. Laser grade and compact subgrade 98%, includes density testing.
6. Furnish and Install 6" of Limerock on courts; Laser Grade and Compact 98%, includes density testing.
7. Pave 1 '/, " of asphalt on courts (non -Virgin, RAP mix).
8. Furnish & Install court fencing; all framework is powdercoated with vinyl coated chainlink.
a. Fence will be 8' & 3 '/' tall per plans with 4 walk gates, too rail w/ bottom wire.
b. Furnish & install 3 '/2' tall divider fence in the middle of courts, (1) run 50' long each court.
c. Includes windscreen on all 8' fence.
9. Fumish and Install pickleball (8) posts and nets; complete with concrete footers & sleeves.
10. Flood courts with water, repair any defects per ASBA and USTA guidelines.
It. Install (2) coat of Acrylic Resurfacer by California Products.
12. Install (2) coats of Plexipave Color by California Products.(standard colors only)
a. Nidy Sports is an Authorized Applicator for California Products.
12. Paint 2" regulation markings on (6) courts. (white paint)
13. Form, pour & finish approx.. 1,961 sf of sidewalk, canopy pad & ADA ramps as shown on plans, ADD $25,750
14. Furnish & install Canopy 16' x 24' ADD $57,750 or 16' x 34' ADD $66,500 (standard sizes)
a. Steel framed structure w/ 24 gauge standing seam metal roof (no details provided)
15. Fumish & install Canopy 15' x 30' ADD $20,500
a. Steel tube poles w/ fabric roof (see attached, no details provided)
16. Construct 8,672 sf parking lot (6" limerock base, I '/P asphalt, wheel stops, stripe & signage ADD $52,500.
17. Grade site & prep for sod (sod & landscape by others)
18. Clean site
City to provide all necessary clean rill for this project delivered to job site.
"EXCLUSIONS., PERMITS, DEMO OFEXISTING FENCE OR STRUCTURES, LOCATES, SODDING, COURT or PARKING
CURB, TRENCH DRAINS, IRRIGATION MODIFICATIONS, RELOCATION OF UTILITIES, DRAINGAGE PIPING or
STRUCTURES. COURT LIGHTING or CONDUIT. CLEAN FILL. TRASH CANS. BIKE RACKSY,
ACCEPTANCE: Th abo/y� specifications, conditions, and pdoe(s) are acceptable. I authorize Nidy t o the wuk a's(Aspeeccified.
3 �a OFACCEPTANCE A THORIZE15 SIGNATURE
1075 Florida Central Parkway #2200 Longwood 32750 • (407) 330-9466 • fax(407) 330-9343 11 www,N/DYSPORTSCom