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HOME OF MKAN MMD
CERTIFICATE OF PROJECT COMPLETION
Date Accepted: 01/23/12
Project Name & #: U.S. I Improvements, C1131
Contractor Name: Santa Cruz Construction Inc.
Purchase Order #: PO #6644 Final Contract Price $290,458.55
Project Location: U.S. 1
Pursuant to the above captioned contract and in compliance of same, we the undersigned do
hereby certify that this project is complete.
Issuance of this certificate releases the contractor from any further responsibility except as
stipulated in the contract as is relates to bond performance, payment of subcontractors, release or
liens, maintenance and indemnity. All contractual obligations as to warranty, insurance, .
indemnification and patents, shall remain in full effect for the contractually stipulated period of
time. In no way does the issuing of this certificate release the Contractor from all legal
obligations as stipulated in Chapter 713 of the Florida Statutes.
ThWore,h reviewed the contract and inspected the work, the undersigned to hereby accept
the ing co plete.
Proiec naur at
n ctor Authorized Re es tative
QVa, id
eoffrey Barkett, SBS
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Page 1 of 1
bebbie Krueger
From: Geoffrey Barkett [gbarkett @sbsengineers.com]
Sent: Friday, January 27, 2012 9:36 AM
To: SCCI Melanie Grube; Debbie Krueger
Cc: Rob LeGrano
Subject: RE: Final Draw City of Sebastian C1131
Debbie / Melanie:
Rob and I have reviewed the attached and agree.
Also, a final walk -thru was completed for the project on 1/23/12 and all was accepted by the City and SBS.
Geoffrey K. Barkett
Schulke, Bittle & Stoddard, LLC
1717 Indian River Blvd., Suite 201
Vero Beach, FL 32960
Phone: (772)770 -9622
Fax: (772)770 -9496
www. sbsengineers. corn
PLEASE NOTE.
SCHULKE, BITTLE & STODDARD LLC is providing CAD files to the owner, contractor and'or surveyor for its convenience only.
Only the signed and sealed drawings shall be considered to have pertinent information for the construction of this project.
Your reliance on the attached electronic file(s) is at your sole risk, since electronic files can be corrupted, edited, or may have additional
data within the files that is not pertinent to the final design as reflected in the signed and sealed drawings.
SCHULKE, BITTLE & STODDARD LLC makes no representations or warranties, either a )press or implied, as to its suitability for any
specific purpose. While we believe this drawing file to be accurate at the time of retrieval, this media and its contents can be easily
altered or corrupted either purposely or inadvertently through any number of sources.
For this reason, SCHULKE, BITTLE & STODDARD LLC, its managers and or empoyees shall be indemnified and had harmless from any
and all liability that may arise or resultfrom the use ofthis information by your firm, employees, agents or sub - contractors.
Any use of the file provided herein constitutes acceptance of the provisions stated herein.
The information ccntaired in this email is privileged and confidential and intended for the addressee only. If you are not the intended recipient,
you are asked to respect that confidertiality and not disclose, copy or make use of its contents. If received in error you are asked to destroy this email
and contactthe sender immediately. Your assistance is appreciated.
A Please considerthe environment before printing thise -mail
From: SCCI Melanie Grube [mailto:sccimelanie @bellsouth.net]
Sent: Thursday, January 26, 2012 10:25 AM
To: 'Debbie Krueger'; Geoffrey Barkett
Subject: Final Draw City of Sebastian C1131
Attached please find Application and Certification for Payment #2 Final.
If you need further information please let me know.
Thank you and have a nice day.
911efanie Gru6e
Office Manager
Santa Cruz Construction, Inc.
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2/16/2012
tm OF
SEBASTM
HOME OF PELXM ISLAND
CITY OF SEBASTIAN CHANGE ORDER
CHANGE ORDER #: 2
PURCHASE ORDER # 6644
CONTRACTOR: Santa Cruz Construction, Inc.
ADDRESS: 4205 N. Courtenay Parkway
Merritt Island, Florida 32953
PROJECT NAME:
US Highway 1 Corridor Enhancements
PROJECT #: C 1131
PHONE #: 321 - 452 -3190
CONTRACT NAME:
Construction Services Agreement
CONTACT DATE: September 29, 2011
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein.
Upon proper execution of this document, the Contractor is hereby notified to commence work. All
changes stated below are hereby incorporated and made a part of the Contract identified above, and all the
terms and conditions of said Contract are enjoined and in full force while executing the change(s)
stipulated as follows:
1. Additional Thermoplastic addition. Additional Textured / Patterned Parking Spaces. Credits for
differential in Thermoplastic Stripes, and Use of City Dumpster. See attachment for details.
A) Contract Price Prior to this Change Order
$ 284,072.23
Net Increase (Decrease) Resulting from this Change Order
$ 6,386.32
New Contract Price Including this Change Order
$ 290,458.55
B) Contract Time Prior to the Change Order (Number of Days)
60 days
Net Increase (Decrease) Resulting from the Change Order (Number of Days)
0 days
New Completion Date Including this Change Order
January 21, 2012
AGREED:
COMPANY.
� llGp "f Date:
Authorized Signature
Approvals By City of Sebastian in accordance with Code Sec. 2 -10 (check one):
X City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order
City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order
fAdminServic te )
TIAN:
Date: 1 � M y
AT ST <
irector� i ' .� ? as to budget S, y A. Maio, MMC, City Clerk
72 41
City Attorney f as to legal
aff elF
SEBASTIAN
HMa Of °PUKAN VRAM
CITY OF SEBASTIAN CHANGE ORDER
CHANGE ORDER 4:
PURCHASE ORDER 4 6644
CONTRACTOR: Santa Cruz Construction, Inc
ADDRESS: 4205 N. Courtenay Parkway
Merritt Island, Florida 32953
PROJECT NAME:
US Highway 1 Corridor Enhancements
PROJECT #: CI 131
PHONE th 321- 452 -3190
CONTRACT NAME:
Construction Services Agreement
CONTACT DATE: September 29, 2011
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein.
-
changes
Upon proper execution of this document, the Contractor is hereby not if to commence work. All
changes stated below are hereby incorporated and made a part of the Contract identified above, and all the
terms and conditions of said Contract are enjoined and in full force while executing the change(s)
stipulated as follows:
1. Additional Thermoplastic addition. Additional Textured f Patterned Parking Spaces. Credits for
differential in Thermoplastic Stripes, and Use of City Dumpster. See attachment for details..
A) Contract Price Prior to this Change Order $ 284,072.23
Net Increase (Decrease) Resulting from this Change Order $ 6,386.32
New Contract Price Including this Change Order $ 290,458.55
B) Contract. Time Prior to the Change Order (Number of Days) 60 days
Net Increase (Decrease) Resulting from the Change girder (Number of Days) 0 days
New Completion Date Including this Change Order January 21, 2012
Date: ►- x4 - 7_
uthorized Signature
Approvals By City f Sebastian in accordance with Code Sec. 2 -10 (check one).
X City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order
City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order
(meeting date )
CITY OF SEBASTIAN,
Date:
City Manager
ATTEST:
Project Manager,
'. -Gn
YX c_
1
Admin Services &rec r° ' as to budget
City Attorney as to legal
v
Sally A. Maio, MMC, City Clerk
NSTRUCTION
vC.
CCTC004606
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Attn: Debra Krueger
Ref US 1 Beautification, Sebastian, Florida
Change Order # 2
4205 N. Courtenay Parkway
Merritt Island, FL 32953
(321) 452 -3190
FAX (321) 459 -3358
scci@santacruzconstruction.com
01/04/2012
Pursuant to the quantities from Schulke, Bittle & Stoddard, LLC our cost proposal is as follows:
Additional Thermoplastic addition
Additional textured / patterned Parking Spaces
6 "= 6LF @$127 =$ 7.62
18 "= 123 LF @ $4.19 = $ 515.37
Credit for differential from 8" to 6" Thermoplastic Stripes
((593' + 265' =858) x ($ 1.76 - $ 1.27 = $ .049))
Credit for use of City Dumpster
If I clln be of further assistance please do not hesitate to call me.
Sincerely,;
Paul B6nville
Chief Project Manager
Santa Cruz Construction, Inc.
File/Job Folder 56018 - Change Order 2
875 SF @ $7.41 = $ 6,483.75
$ 7,006.74
Total
ESTABLISHED 1975
State Certified and Bond General Contractor
State License Number CCC0004606
= $ - 420.42
_ $ - 200.00] k .
_ $ 6,3 86.32
I
Clacks
From: jj Geoffrey Barkett [gbarkett @sbsengineers.com]
Sent: Friday, December 16, 2011 10:41 AM
To: scci @santacruzconstruction.com
Cc: Rob LeGrano
Subject: COS US -1
Attachments: COS- 12- 15 -11. pdf
Paul:
Attached are the revised drawings we discussed.
Please note these are PRELIMINARY ONLY AND NOTAPPROVED BY THE CITY (to date)
Revised Quantities:
Thermoplastic Removal: 6" = 214 If
18" = 37 If
Thermoplastic Addition: 6" = 6 If
18" =123 if
New textured /patterned parking spaces (7 additional spaces) = 875 sf
Geoffrey K, Barkett
Schulke, Bittle & Stoddard, LLC
1717 Indian River Blvd., Suite 201
Vero Beach, FL 32960
Phone: (772)770 -9622
Fax: (772)770 -9496
www.sbsen_gjneers.com
PLEASE NOTE:
SCHULKE, BITTLE & STODDARD LLC is providing CAD files to the owner, contractor and/or surveyor for its convenience only.
Only the signed and sealed drawings shall be considered to have pertinent information for the construction of this project.
Your reliance On the elfached electronic flN(s) a at your sole risk, since electronic flies can be corrupted, edited, or may have Waltlerrai
data within the flies that is not pertinent to the final design as reflected In the signed and sealed drawings.
SCHULKE, BITTLE & STODDARD LLC makes no representations or warranties, either express or implied, as to Its suitability for any
specific purpose. While we believe this drawing file to be accurate at the time of retrieval, this media and its contents can be easily
altered or cortupted either purposely or inadvertently through any number of sources.
For this reason, SCHULKE, BtTTLE & STODDARD LLC, its managers and or employees shag be indemnified and held harmless from any
and all liability that may arise or result from the use of this information by your firm, employees, agents or sub- contractors.
Any use of the file provided herein constitutes acceptance of the provisions stated herein.
The information contained in this email is privileged and conRdential and intended for the addressee only. If you are not the intended recipient,
you are asked to respect that confidentielfty and not disclose, copy or make use of its contents. If received in error you are asked to destroy this email
and contact the sender immediately. Your assistance is appreciated.
A Please consider the environment before printing this a-mail
OR OF
S y!A1
HOME OF PELKAN MUND
CITY OF SEBASTIAN CHANGE ORDER
CHANGE ORDER #: 1
PURCHASE ORDER # 6644
CONTRACTOR: Santa Cruz Construction, Inc
ADDRESS: 4205 N. Courtenay Parkway
Merritt Island, Florida 32953
PROJECT NAME:
US Highway l Corridor Enhancements
PROJECT #: C1131
PHONE #: 321 - 452 -3190
CONTRACT NAME:
Construction Services Agreement
CONTACT DATE: September 29, 2011
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein.
Upon proper execution of this document, the Contractor is hereby notified to commence work. All
changes stated below are hereby incorporated and made a part of the Contract identified above, and all the
terms and conditions of said Contract are enjoined and in full force while executing the change(s)
stipulated as follows:
1. Concrete bump -outs and paint at Main Street Park Entrance. See attachment for details.
A) Contract Price Prior to this Change Order $ 274,945.88
Net Increase (Decrease) Resulting from this Change Order $ 9,126.35
New Contract Price Including this Change Order $ 284,072.23
13) Contract Ti e Prior to the Change Order (Number of Days) 60 days
Net Incr a (Decrease) Resulting from the Change Order (Number of Days) 0 days
New C letio�e'Including this Change Order January 21, 2012
Date: / y
X C6y M nager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order
City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order
(i#eeting date )
Manager
Admin Services Di
City Attorney
f1AN:
Date: 4 4 . L
AT ST-
as to budget lly A. Maio, MMC, City Clerk
US HIGHWAY 1 CORRIDOR ENHANCEMENTS
CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT made this 4a day of,�, 2011 by and between the CITY
OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian,
Florida, 32958, ( "CITY ") and Santa Cruz Construction, Inc., 4205 N. CourtenM Parkway,
Merritt Island, FL 32953 ( "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 procurement procedure; and,
WHEREAS, the CITY and the CONTRACTOR desire to reduce to writing their
understanding and agreements on such professional services.
IT IS, THEREFORE, AGREED as follows:
ARTICLE I - THE CONTRACTUAL RELATIONSHIP
1.0 EMPLOYMENT OF CONTRACTOR
The CITY hereby agrees that it engages the CONTRACTOR and the CONTRACTOR hereby
agrees to perform services for the CITY in accordance with this Agreement for the construction
of the US HIGHWAY 1 CORRIDOR ENHANCEMENTS. This Agreement is not an exclusive
agreement and the CITY may employ other contractors, professional or technical personnel to
furnish services for the CITY as the CITY in its sole discretion finds is in the public interest.
The Agreement shall not be construed to create a contractual relationship of any kind between
the CITY and the Subcontractor(s), or, between any person or firm other than the CITY and
CONTRACTOR.
The CONTRACTOR shall not sell, transfer, assign or otherwise dispose of the Contract or any
portion thereof, or of his right, title of interest therein or his obligations thereunder, or moneys
due or to become due under this Contract.
2.0 AGREEMENT DOCUMENTS
The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this
Agreement, Supplemental Agreement(s), Notice of Invitation to Bid, Instruction for Bidders, Bid
Proposal, Bid Bond Forms, Project Plans and Specifications, Scope of Work, Work Orders,
Change Orders, Addenda if any, any other documents listed in the Agreement Documents, and
written modifications issued after execution of this Agreement, if any.
29
Information on the Project Plans or Specifications is prepared from the most reliable data
available. However, information shown on the Plans or Specifications is not guaranteed and the
City shall not be responsible for the accuracy or completeness of the Plans.
2.1 INTENT
The intent of the Contract 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, tools and equipment, temporary facilities and systems, 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 to the extent consistent with the Contract 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
parry 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.
30
2.6 TERM
This Agreement shall commence on the day it is executed by both parties and the term of the
Agreement shall extend until the Project is complete unless terminated in accordance with the
terms hereunder. CONTRACTOR agrees that all work will be completed sixty (60) days after
the Notice to Proceed is issued.
3.0 DEFINITION OF TERMS
3.1 GENERAL
Whenever the following terms appear in these Agreement Documents, their intent and meaning
shall, unless specifically stated otherwise, be interpreted as shown.
3.2 ACT OF GOD
The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event),
tornado or other cataclysmic phenomenon of nature. Rain, wind or other natural phenomenon
(including tropical waves and depressions) of normal intensity for the locality shall not be
construed as an Act of God.
3.3 ADDENDUM (re: bid documents)
A modification of the plans or other contract documents issued by the Owner and distributed to
prospective bidders prior to the opening of bids. All Addenda shall be considered as part of the
Contract Documents.
3.4 AGREEMENT
A written agreement between the - CONTRACTOR and CITY -defining in detail the.-work to - be
performed. The words Agreement and Contract, are one and the same.
3.5 A.S.T.M. DESIGNATION
Wherever the letters "A.S.T.M." are used in the Specifications, it shall be understood as referring
to the American Society for Testing Materials. When reference is made to a certain Designated
Number of a specification or test as set out or given by the American Society for Testing
Materials, it shall be understood to mean the current, up -to -date standard specification or
tentative specification for that particular process, material or test as currently published by that
group.
31
3.6 BID
The bid or proposal is the written offer of a Bidder to perform work described by the contract
documents when made out and submitted on the prescribed proposal form properly sealed and
guaranteed. The bid or proposal shall be considered as part of the Contract Documents.
3.7 BID BOND or PROPOSAL GUARANTEE:
Bidder shall submit a Bid Bond or Proposal Guarantee in the amount of 5% of the Base Bid, in
the form of a Cashier's Check, Unconditional Irrevocable Letter of Credit drawn in favor of the
City of Sebastian on a National Bank, or a bond from a surety company duly licensed in the State
of Florida.
3.8 BIDDER
An individual, partnership, or corporation submitting a proposal for the work contemplated;
acting directly or through a duly authorized representative.
3.9 CHANGE ORDER
A written order issued to the CONTRACTOR by the CITY and covering changes in the plans,
specifications, or scope of work when the amount of work changed is not deemed sufficient to
require a supplemental agreement, or adjustments in the Contract Price or Contract Time.
3.10 CONTRACT ADDENDUM
A special written provision modifying or clarifying the terms and conditions 'of the Contract.
The Contract Addendum shall be considered as part of the contract documents.
3.11 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.
3.12 ENGINEER
A Professional Engineer duly licensed and registered in the State of Florida and designated by
the CITY as Engineer. The CITY may designate a staff member as Engineer who is not
licensed.
3.13 GENERAL CONDITIONS
The directions, provisions and requirements contained within the Agreement Documents, all
describing the general manner of performing the Work including detailed technical requirements
32
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.
3.14 INSPECTOR
A duly authorized representative of the CITY assigned to make official inspections of the
materials furnished and of the work performed by the CONTRACTOR.
3.15 LABORATORY
Any licensed and qualified laboratory designated by or acceptable to the CITY to perform
necessary testing of materials.
3.16 PERFORMANCE AND PAYMENT BONDS
CONTRACTOR shall submit bonds in the form prescribed by State Law, and generally as
shown on sample forms herein, for Performance and Payment, each in the amount of 100% of
the Contract Amount.
3.17 PLANS
The official, approved plans, including reproduction thereof, showing the location, character,
dimensions and details of the work to be done. All shop drawings submitted by the
CONTRACTOR shall be considered as part of the contract documents.
3.18 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.
3.19 SPECIAL CONDITIONS
Special clauses or provisions, supplemental to the Plans, Standard Specifications and other
contract documents, setting forth conditions varying from or additional to the Standard
Specifications for a specific project.
3.20 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.
33
3.21 SUBCONTRACTOR
An individual, partnership or corporation supplying labor, equipment or materials under a direct
contract with the CONTRACTOR for work on the project site. Included is the one who supplies
materials fabricated or formulated to a special design according to the plans and specifications
for the particular project.
3.22 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.
3.23 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.
3.24 WORK, (The) or PROJECT, (The)
The public improvement contemplated in the Plans and Specifications, and all actions necessary
to construct the same.
3.25 WORK ORDER
Work orders are work instructions including specification 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.
ARTICLE II - PERFORMANCE
4.0 PLANS, SPECIFICATIONS AND RELATED DATA
4.1 INTENT OF PLANS AND SPECIFICATIONS
The intent of the Plans, Specifications, Work Orders and other Contract Documents is that the
CONTRACTOR furnishes all labor and materials, equipment, supervision and transportation
necessary for the proper execution of the Work unless specifically noted -otherwise. The
Contractor shall do all the work shown on the Plans and 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.
34
4.2 CONFLICT
In the event of any inconsistency, discrepancy or conflict between the Agreement, the Plans,
Specifications, and other Contract Documents, the Agreement shall prevail and govern over all
except a subsequently executed Contract Addendum; in the event of an inconsistency,
discrepancy or conflict between the Plans and Specifications, the Specifications shall prevail and
govern.
4.3 DISCREPANCIES IN PLANS
Any discrepancies found between the Plans and Specifications and site conditions, or any errors
or omissions in the Plans or Specifications, shall be immediately reported to the Engineer and
CITY. The Engineer shall promptly determine the validity and seriousness of the claimed
condition and correct any such error or omission in writing, or otherwise direct CONTRACTOR.
Any work done by the CONTRACTOR after his discovery of such discrepancies, errors or
omissions shall be done at the CONTRACTOR'S risk.
Any correction or errors or omissions in Plans and Specifications may be made'by the Engineer
when such correction is necessary for the proper fulfillment of their intention as construed by
him. Where said correction of errors or omissions, except as provided in the next two (2)
paragraphs below, adds to the amount of work to be done by the CONTRACTOR, compensation
for said additional work shall be made under the Paragraph 10.7 CHANGES RV THE WORK
below, except where the additional work may be classed under some item of work for which a
unit price is included in the proposal.
The fact that specific mention of any part of work is omitted in the Specifications, whether
intentionally or otherwise, when the same is clearly shown or indicated on the Plans, or is usually
and customarily required to complete fully such work as is specified herein, will not entitle the
CONTRACTOR to consideration -in the matter -of any-claim-for extra compensation, but- the said
work must be installed or done the same as if called for by both the Plans and Specifications.
All work indicated on the Plans and not mentioned in the Specifications or vice versa, and all
work and material usual and necessary to make the Work complete in all its parts, whether or not
they are indicated on the Plans or mentioned in the Specifications, shall be furnished and
executed the same as if they were called for by both the Plans and Specifications.
The Contractor will not be allowed to take advantage of any errors or omissions in the Plans and
Specifications. The Engineer will provide full information when errors or omissions are
discovered.
4.4 DRAWINGS AND SPECIFICATIONS AT JOB SITE
One (1) complete set of all Plans, Specifications, Work Orders, Addenda, Change Orders, Shop
Drawings and samples shall be maintained at the job site, in good order and annotated to show
35
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 SAMPLING AND TESTING
Except as otherwise provided, sampling and testing of all materials, and the laboratory methods
and testing equipment, required under the Specifications shall be in accordance with the latest
standards or tenets of the American Society for Testing Materials.
The testing of samples and materials shall be made at the expense of the CONTRACTOR, except
where indicated otherwise. The CONTRACTOR shall furnish any required samples without
charge. The CONTRACTOR shall be given sufficient notification of the placing of orders for
materials to permit testing.
As an exception to the above, when the CONTRACTOR represents a material or. an item of work
as meeting Specifications and under recognized test procedures it fails, any re- testing shall be at
the CONTRACTOR'S expense, billed at the Testing Laboratory's standard rate for individual
tests.
It is expected that all inspections and testing of materials and equipment will be done locally. If
the CONTRACTOR desires that inspections for tests be made outside of the local area, all
expenses, including per diem for the Engineer or Inspectors, shall be borne by the
CONTRACTOR.
4.6 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 Plans
and Specifications-or- Engineer' s -instructions: - Deviations -from the- Plans- and Specifications shall
be called to the attention of the ENGINEER and CITY at the time of the first submission of shop
drawings and other drawings. The ENGINEER/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 ENGINEER 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 ENGINEER shall, within fourteen (14) days of the submittal of any shop
drawings, return three (3) copies to the CONTRACTOR marked with any corrections
and changes required and noting if the drawings are acceptable as noted, or if
resubmittal is required.
(c) The CONTRACTOR shall then correct the shop drawings to conform to the
36
corrections and changes requested by the ENGINEER/CITY and resubmit six (6)
copies to the ENGINEER.
(d) Three (3) copies of Approved Shop Drawings shall be returned to the
CONTRACTOR by the ENGINEER.
4.7 QUALITY OF EQUIPMENT AND MATERIALS
In order to establish standards of quality, the Specifications may refer to certain products by
name and catalog number. This procedure is not to be construed as eliminating from competition
other products of equal or better quality by other manufacturers where fully suitable in design.
The CONTRACTOR shall furnish to the CITY a complete list of his proposed desired
substitutions prior to the signing of the Contract, together with such engineering and catalog data
as the CITY may require. Further substitutions may be submitted during the course of work in
accordance with Paragraph 4.9 SUBSTITUTION OF EQUIPMENT AND /OR MATERIAL below.
The CONTRACTOR shall abide by the CITY'S judgment when proposed substitution of
materials or items or equipment are judged to be unacceptable and shall furnish the specified
material or item of equipment in such case. All proposals for substitutions shall be submitted to
the CITY in writing by the CONTRACTOR and not by individual trades or material suppliers.
The CITY will advise of approval or disapproval of proposed substitutions in writing within a
reasonable time. No substitute materials shall be used unless approved by CITY in writing.
4.8 EQUIPMENT APPROVAL DATA
The CONTRACTOR shall furnish one (1) copy of complete catalog data for every manufactured
item of equipment and all components to be used in the Work, including specific performance
data, material description, rating, capacity, material gauge or thickness, brand name, catalog
number and general type.
This submission shall be compiled by the CONTRACTOR and submitted to the CITY through
the ENGINEER for review and written approval before any of the equipment is ordered.
Each data sheet or catalog in the submission shall be indexed according to specification section
and paragraph for easy reference.
After written approval is received by the CONTRACTOR, submission shall become a part of
the Contract and may not be deviated from except upon written approval of the CITY.
Catalog data for equipment approved by the CITY does not in any case supersede the Contract
Documents. The acceptance by the CITY shall not relieve the CONTRACTOR from
responsibility for deviations from Plans or Specifications, unless he has called the CITY'S
attention, in writing, to such deviations at the time of submission, nor shall it relieve him from
responsibility for errors of any sort in the items submitted. The CONTRACTOR shall check the
work described by the catalog data with the Contract Documents for deviations and errors.
37
It shall be the responsibility of the CONTRACTOR to insure that items to be furnished fit the
space available. He shall make necessary field measurements to ascertain space requirements,
including those for connections, and shall order such sizes and shapes of equipment that the field
installation shall suit the true intent and meaning of the Plans and Specifications.
Where equipment requiring different arrangement of connections from those shown is approved,
it shall be the responsibility of the CONTRACTOR to install the equipment to operate properly,
and in harmony with the intent of the Plans and Specifications, and to make all changes in the
Work required by the different arrangement of connections at his own expense.
4.9 SUBSTITUTION OF EQUIPMENT AND /OR MATERIAL
After the execution of the Contract Agreement, the substitution of equipment and/or material for
that specified will be considered if-
(a) The equipment and/or materials proposed for substitution is determined by the
CITY to be equal or superior to that specified in the Contract;
(b) Unless determined to be of superior quality, the equipment 'and/or material
proposed for substitution is less expensive than that specified and that such savings to the CITY,
as proposed by the CONTRACTOR, are submitted with the request for substitution. If the
substitution is approved, the Contract price shall be reduced accordingly; and
(c) The equipment and/or material proposed for substitution is readily available and
its delivery and use, if approved as a substitution, will not delay the scheduled start and
completion of the specified work for which it is intended or the scheduled completion of the
entire work to be completed under the contract.
No request will be considered unless submitted in writing to the CITY and approval by the CITY
must also be in writing To receive consideration, requests for substitutions must'be accompanied
by documentary proof of the actual difference in cost to the CONTRACTOR in the form of
quotations to the contractor covering the original equipment and/or material, and also equipment
and/or material proposed for substitution or other proof satisfactory to the CITY. It is the
intention that the CITY shall receive the full benefit of the saving in cost involved in any
substitution unless the item is substituted for one designated in the Specifications by specific
manufacturer's name and type, in which case one -third of the savings shall accrue to the benefit
of the CONTRACTOR.
In all cases, the burden of proving adequate proof that the equipment- and/or material offered for
substitution is equal or superior in construction and/or efficiency to that named in the
CONTRACT shall rest on the CONTRACTOR and the proof will be submitted to the CITY.
Request for substitution of equipment and/or material which the CONTRACTOR cannot prove
to the satisfaction of the CITY, at its sole discretion and judgment, to be equal or superior in
construction and/or efficiency to that named in the CONTRACT will not be approved.
W.,
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 quality and performance which is
acceptable to the Engineer and CITY and is currently available, at no increase in Contract price.
5.2 STORAGE OF MATERIALS
Materials and equipment shall be stored so as to incur the preservation of their quality and fitness
for the Work. When considered necessary, they shall be placed on wooden platforms or other
hard clean surfaces, and not on the ground, and/or they shall be placed under cover. Stored
materials and equipment shall be located so as to facilitate prompt inspection. Private property
zoned for, or adjacent to land zoned for, residential uses shall not be utilized for storage
purposes.
5.3 REJECTED WORK AND /OR MATERIAL
All work and/or materials which do not satisfactorily meet the Plans or Specifications may be
condemned -by -the -Engineer or CITY by-giving a written - notice - -to- thee - CONTRACTOR:- -All
condemned work and/or materials shall be promptly taken out and replaced. All repair work
shall be deemed the responsibility of the Contractor and included in the fixed unit price of the
Contract Documents. Under no circumstance will repair work constitute a payable increase in
unit quantities. All additional work necessitated to bring the project into conformity with the
Contract or considered inside the contemplation of the Contract shall be deemed the
responsibility of the Contractor and included in the fixed price contract.
All materials and equipment which do not conform to the requirements of the Contract
Documents, are not equal to samples approved by the Engineer and CITY, or are in any way
unsatisfactory or unsuited to the purpose for which they are intended, shall be rejected. Any
defective work whether the result of poor workmanship, use of defective materials, damaged
through carelessness or from other cause shall be removed within ten (10) days after written
notice is given by the CITY, and the work shall be re- executed by the CONTRACTOR. The fact
that the Engineer or the CITY may have previously overlooked such defective work shall not
constitute an acceptance of any part of it. Should the CONTRACTOR fail to remove rejected
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work or materials within ten (10) days after written notice to do so, the CITY may remove them
and may store the materials and equipment. Satisfaction of warranty work after final payment
shall be in accordance with Paragraph 9.15.
5.4 MANUFACTURER'S DIRECTION
Manufactured articles, materials and equipment shall be applied, installed, connected, erected,
used, cleaned, and conditioned as directed by the manufacturer unless herein specified to the
contrary.
5.5 SKILL AND CHARACTER OF WORKMEN
All foremen and workmen must have sufficient knowledge, skill and experience to perform
properly the work assigned to them.
The CONTRACTOR shall at all times be responsible for the conduct and discipline of his
employees and/or any subcontractor or persons employed by subcontractors.
5.6 CLEANING UP
The CONTRACTOR shall at all times keep the premises free from accumulation of waste
materials or rubbish caused by his employees or work. At the completion of each work day, the
CONTRACTOR shall remove all rubbish, tools and surplus materials from the site; ensuring 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
40
work, or as a waiver of right of the CITY to require the fulfillment of all the terms of the
Contract.
Ciil:�L11���1
The CONTRACTOR shall warrant all work performed by him and ancillary items installed by
him for a period of one (1) year from the date of final written acceptance of the Work by CITY.
Satisfaction of warranty work after final payment shall be as per Paragraph 9.15.
All equipment and material warranties or guarantees shall be drawn in favor of the CITY and the
originals thereof fiarnished to the Engineer for review and acceptance prior to final payment.
Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims
of beach of contract due to substandard materials or workmanship, nor shall such warranty
period shorten the statute of limitations for bringing a breach of contract or other action based
upon any such deficiencies.
5.9 SALES TAX
The CITY reserves the right to be the purchaser of materials and equipment. If CITY exercises
this option, CONTRACTOR shall provide sales tax credit to the CITY. Such credit shall be
processed through a Change Order.
6.0 PROGRESS AND COMPLETION OF WORK
6.1 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 or in paragraph 5.9, CONTRACTOR shall
pay all sales, use and other similar taxes.
CONTRACTOR shall enforce strict discipline and good order among CONTRACTOR'S
employees and other persons carrying out the Work. CONTRACTOR shall not permit
employment of unfit persons or persons not skilled in tasks assigned to them.
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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.
6.2 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.
6.3 CONTRACT TIME
The CONTRACTOR shall complete, in an acceptable manner, all of the Work in the time stated
in the Contract Agreement and any Addenda or Change Orders thereto. Except as provided in
Sections 6.10 and 8.3 the CONTRACTOR shall diligently pursue the Work from the start of
Construction to completion without interruption or delay.
6.4 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.
6.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE
The CONTRACTOR shall coordinate his work with other contractors, the CITY and utilities to
assure orderly and expeditious progress of work.
The CITY shall hold a pre - construction conference at Sebastian City Hall at a time and date
mutually agreed upon with the CONTRACTOR after the Contract has been awarded and fully
executed.
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6.6 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. CONTRACTOR 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.
B. Private Ownership
Mail and newspaper boxes, sprinkler systems, ornamental shrubs, lawn ornaments, house
numbers, fences, etc. may be removed and relocated by the property owners. The CITY will not
remove, relocate, or re- install mail boxes, sprinkler systems, ornamental shrubs, etc. belonging to
a private property owner. However, should such items not be removed or relocated by the start of
construction, the CONTRACTOR shall remove the objects, in a manner which does not damage
or injure the objects at no extra cost to the CITY, which interfere with the construction of the
Project and place them on the property owner's front lawn just outside the project limits.
Otherwise, the CONTRACTOR shall not enter upon private property for any purpose without
obtaining permission from the property Owner thereof. Where extensive intrusions upon private
property are required for construction, the CITY and CONTRACTOR shall cooperate to obtain
Temporary Construction Easements from the landowner.
6.7 PROTECTION OF EXISTING UTILITIES AND FACILITIES
All utilities and all structures of any nature, whether below or above ground, that may be
affected-by -the Work but are- not-required to be disturbed or- relocated - -by the very-nature --of -the
project, shall be protected and maintained by the CONTRACTOR and shall not be disturbed or
damaged by him during the progress of the Work; provided that, should the CONTRACTOR
disturb, disconnect or damage any utility or any structure, all expenses of whatever nature arising
from such disturbance or the replacement or repair and testing thereof shall be borne by the
CONTRACTOR.
6.8 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 below.
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6.9 CHANGES IN THE WORK
The CITY may order changes in the Work through additions, deletions or modifications without
invalidating the Contract; however, any change in the scope of work or substitution of materials
shall require the written approval of the CITY. Compensation and time of completion affected by
the change shall be adjusted at the time of ordering such change. New and unforeseen items of
work found to be necessary and which cannot be covered by any item or combination of items
for which there is a contract price shall be classed as changes in the Work. The CONTRACTOR
shall do such changes in the Work and furnish such materials, labor and equipment as may be
required for the proper completion of construction of the work contemplated. In the absence of
such written order, no claim for changes in the Work shall be considered. Changes in the Work
shall be performed in accordance with the Specifications where applicable and work not covered
by the specifications or special provisions shall be done in accordance with specifications issued
for this purpose. Changes in the Work required in an emergency to protect life and property shall
be performed by the CONTRACTOR as required.
6.10 EXTENSION OF CONTRACT TIME
No extension of time shall be valid unless given in writing by the CITY. No monetary
compensation shall be given for such delay.
A delay beyond the CONTRACTOR'S control occasioned by an "Act of God" may entitle the
CONTRACTOR to an extension of time in which to complete the Work as determined by the
CITY provided, however, the CONTRACTOR shall immediately give written notice to the
CITY of the cause of such delay.
"Rain day" extensions shall be granted upon written request of the CONTRACTOR to the
CITY'S Project Manager when said Project Manager determines that weather conditions make it
counterproductive to work on said days. "Rain day" requests must be submitted at the end of
each - work -week --or be waived, and the cumulative " rain - day " - extensions- granted -- shall be
processed as a Change Order with each pay submittal.
In the event that the CITY suspends the Work as provided in Paragraph 8.3, 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.
6.11 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
44
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.
6.12 LIQUIDATED DAMAGES
In the event CONTRACTOR violates or fails to perform any provision of the Contract
Documents, then the CITY may elect to receive, and CONTRACTOR agrees to pay, liquidated
damages in the amount of seven hundred and fifty dollars $f 750) per day beyond the agreed
completion date. Inspection of the Work by the CITY and the subsequent issuance of a notice by
the CITY indicating substantial completion will be the date used to signify work completion. If
completion is beyond the schedule agreed upon, liquidated damages may be imposed by the
CITY on the CONTRACTOR and will be withheld from payment.
It is expressly acknowledged by CONTRACTOR that said payment shall not be interpreted nor
construed as a penalty but is in fact a good faith attempt to fix damages which the CITY will
suffer in the event CONTRACTOR fails to perform as required hereunder or violates any
provision of the Contract Documents.
i�_40134 OT40 11 15
7.1 PROTECTION OF PERSONS AND PROPERTY
The CONTRACTOR shall submit, for the CITY'S approval, a project safety and security plan
which describe the CONTRACTOR'S plans and procedures to protect the safety and property of
property owners, residents, and passers -by. The plan shall describe measures and precautions to
be taken during working hours and non - working hours.
A. Safety Precautions and Programs
The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work in- accordance- -with - the-U ;S Department
of Labor Occupational Safety and Health Act and the laws of the State of Florida.
This Contract requires that the CONTRACTOR and any and all subcontractors hired by the
CONTRACTOR comply with all relevant standards of the Occupational Safety-and Health Act.
Failure to comply with the Act constitutes a failure to perform.
The CONTRACTOR agrees to reimburse the CITY for any fines and/or court costs arising from
penalties charged to the CITY for violations of OSHA committed by the CONTRACTOR or any
and all subcontractors.
B. Safety of Persons and 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
45
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 which may be hazardous
to person and property. The CONTRACTOR shall develop and implement a job safety and
security plan which will adequately protect all property and the general public.
7.2 TRAFFIC CONTROL
All work zone traffic control safety requirements, other safety precautions, and warning devices
necessary to protect the public and workmen from hazards within the right -of -way shall be in
strict accordance with the Florida Department of Transportation (FDOT) Standard, the Manual
on Uniform Traffic Control Devices (MUTCD), and International Municipal Signal Association
(IMSA) 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.
7.3 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 are 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.
7.4 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.
7.5 WARNING SIGNS AND BARRICADES
The CONTRACTOR shall provide adequate signs, barricades, warning lights and flagmen, as
required, and all such other necessary precautions for the protection of the Work and the safety
of the public. All barricades and obstructions shall be protected at night by regulatory signal
lights which shall be kept in operation from sunset to sunrise. Barricades shall be of substantial
construction and shall be reflective to increase their visibility at night. Suitable warning signs
shall be so placed and illuminated at night as to show in advance where construction, barricades
or detours exist. Unless so designated in the Bid Documents, no direct payment for this work will
be made, but the cost of providing, erecting and maintaining such protection devices, including
guards, watchmen and/or flagmen as required shall be considered as included and paid for in the
various contract prices of the Work.
Warning signs and barricades shall be in conformance with the State of Florida, Manual on
Uniform Traffic Control Devices (MUTCD),Manual of Traffic Control and Safe Practices for
Street and Highway Construction, Maintenance and Utility Operations, latest edition.
7.6 OPEN TRENCHES
The CONTRACTOR shall fully comply with Florida Statutes and OSHA regulations with
regard to open trenches during construction. The CONTRACTOR shall be place construction
hazard fencing along any open trenches-during the construction work - day; and shall leave- no
open trenches or excavations over -night unless properly fenced and with the specific approval of
the Engineer or the CITY.
7.7 PLACEMENT OF HEAVY EQUIPMENT
The CONTRACTOR shall not leave construction equipment parked in front of or on a residential
lot overnight or on weekends. At the close of work each day, the equipment shall be driven to
and stored in a designated area so that the equipment will not become an "attractive nuisance ".
All equipment left unattended during the course of working day shall not be left in a condition
or location which would create a safety hazard to the general public.
7.8 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
47
Services, Department of Environmental Protection, and St. Johns River Water Management
District.
7.9 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.
The CONTRACTOR shall maintain the sanitary facilities in a satisfactory and sanitary condition
at all times and shall enforce their use. CONTRACTOR shall rigorously prohibit the committing
of nuisances on the site of the Work, on the lands of the CITY or an adjacent property. The
CITY shall have the right to inspect such facilities at all times to determine whether or not they
are being properly and adequately maintained.
7.10 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 execution of the Project.
The CONTRACTOR shall provide and pay for any temporary piping and connections.
7.11 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 his
review prior to initiation and implementation of the plan.
7.12 DUST CONTROL
The CONTRACTOR shall provide for adequate protection against raising objectionable dust
clouds caused by construction, high winds or any other cause, and shall submit a plan to the
Engineer for his review prior to initiation and implementation of the plan.
7.13 WATER CONTROL
The CONTRACTOR shall provide for satisfactory disposal of surplus water and shall submit a
plan to the Engineer for his review prior to initiation and implementation of the plan. Prior
approval shall be obtained from the proper authorities for the use of public or private lands or
facilities for such disposal.
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7.14 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 siltation 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.
ARTICLE III - SUPERVISION AND ADMINISTRATION
8.0 ENGINEER, CITY, CONTRACTOR RELATIONS
8.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY
All work done shall be subject to the construction review of the Engineer and CITY. Any and all
technical questions which may arise as to the quality and acceptability of materials furnished,
work performed, or work to be performed, interpretation of Plans and Specifications and all
technical questions as to the acceptable fulfillment of the Contract on the part of the
CONTRACTOR - shall be referred to the Engineer:
8.2 ENGINEER'S DECISION
All claims of a technical nature of the CITY or CONTRACTOR shall be presented to the
Engineer for resolution.
8.3 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
49
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.
8.4 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.
8.5 FIELD TESTS AND PRELIMINARY OPERATION
The CONTRACTOR shall perform the work of placing in operation all equipment installed
under this Contract, except as specifically noted hereinafter.
The CONTRACTOR shall make adjustments necessary for proper operation.
The CONTRACTOR shall provide construction labor required for preliminary operation of the
equipment installed under this Contract.
The CONTRACTOR shall notify the CITY when work is considered to be complete, in
operating condition, and ready for inspection and tests. Further inspection requirements may be
designated in the Technical Specifications.
The CITY will conduct tests it deems necessary to determine if the Work functions properly.
Arrangements -for testing laboratory - services will be made by the CITY..-Payment for- testing -to
show compliance with specified requirements will be paid for by the CITY. The cost of
retesting when materials and workmanship fail to meet specified requirements will be deducted
from moneys due the CONTRACTOR.
8.6 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. 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.
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8.7 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.
8.8 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.
8.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK
In the event of any default by the CONTRACTOR, the CITY shall have the right to immediately
terminate the Contract upon issuance of written notice of termination to the CONTRACTOR
stating the cause for such action. This Agreement may be terminated by the CITY without cause
provided at least thirty (30) days written notice of such termination shall be given to the
CONTRACTOR. In the event of termination, the CITY may take possession of the Work and of
all materials, tools and equipment thereon and may finish the Work by whatever method and
means it may select.
It shall be considered a default by the CONTRACTOR whenever he shall:
(a) Declare bankruptcy, become insolvent or assign his assets for the benefit of his
creditors _.
(b) Disregard or violate the provisions of the Contract Documents or CITY'S written
instructions, or fail to prosecute the Work according to the agreed schedule of completion
including extensions thereof.
(c) Fail to provide a qualified superintendent, competent workmen or subcontractors,
or proper materials, or fail to make prompt payment therefore.
(d) Fail to diligently pursue the Work from the start of Construction to completion
without delay
y or interruption p n accordance with the Contract Documents, except for the proper
application of Section 6.10 and 8.3 herein.
8.10 RIGHTS OF VARIOUS INTEREST
Wherever work being done by the CITY'S forces or by other contractors is contiguous to work
covered by the Contract, the respective rights of the various interests involved shall be
established by the CITY, to secure the completion of the various portions of the Work in general
harmony.
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8.11 SEPARATE CONTRACTS
The CITY may let other contracts in connection with the Work of the CONTRACTOR. The
CONTRACTOR shall cooperate with other Contractors with regard to storage of materials and
execution of their work. It shall be the CONTRACTOR'S responsibility to inspect all work by
other contractors affecting his work and to report to the CITY any irregularities which will not
permit him to complete his work in a satisfactory manner.
His failure to notify the CITY of such irregularities shall indicate the work of other contractors
has been satisfactorily completed to receive his work. It shall be the responsibility of the
CONTRACTOR to inspect the completed work in place and report to the Engineer immediately
any difference between completed work by others and the Plans.
8.12 SUBCONTRACTS AND PURCHASE ORDERS
Prior to signing the Contract or at the time specified by the CITY, the CONTRACTOR shall
submit in writing to the CITY the names of the subcontractor proposed for the Work.
Subcontractor may not be changed except at the request or with the approval of the CITY. The
CONTRACTOR is responsible to the CITY for the acts and omissions of his subcontractors and
their direct or indirect employees, to the same extent as he is responsible for the acts and
omissions of his employees. The Contract Documents shall not be construed as creating a
contractual relation between any subcontractors and the CITY. The CONTRACTOR shall bind
every subcontractor by the terms of the Contract Documents.
For convenience of reference and facilitate the letting of contracts and subcontracts, the
Specifications are separated into title sections. Such separations shall not, however, operate to
make the Engineer or CITY an arbiter to establish limits to the contracts between the
CONTRACTOR and subcontractors.
8.13 WORK DURING AN EMERGENCY
The CONTRACTOR shall perform any work and shall furnish and install materials and
equipment necessary during an emergency endangering life or property. In all cases, he shall
notify the Engineer and CITY of the emergency as soon as practicable, but he shall not wait for
instructions before proceeding to properly protect both life and property.
8.14 ORAL AGREEMENTS
No oral order, objection, claim or notice by any parry to the others shall affect or modify any of
the terms or obligations contained in any of the Contract Documents, and none of the provisions
of the Contract Documents shall be held to be waived or modified by reason of any act
whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no
evidence shall be introduced in any proceeding of any other waiver or modification.
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8.15 NIGHT, SATURDAY AND /OR SUNDAY WORK
Night work will not be permitted. Work on Saturday and/or Sunday will only be permitted with
prior approval from City, except in case of emergency, and only to such extent as is absolutely
necessary to protect life or property.
8.16 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.
8.17 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,
the8 shall be entitled to extra compensation, or an extension of time, or both, as determined by
the Engineer. However, if8 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.
8.18 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.
9.0 MEASUREMENT AND PAYMENT
9.1 DETAILED BREAKDOWN OF CONTRACT
Except in cases where unit prices form the basis for payment under the Contract, the
CONTRACTOR shall submit a complete breakdown of the contract amount showing the value
assigned to each part of the Work, including an allowance for profit and overhead within ten (10)
days of the execution of the Contract by the parties. Upon approval of the breakdown of the
contract amount by the Engineer and the CITY, it shall be used as the basis for all requests for
payment.
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9.2 REQUEST FOR PAYMENT
The CONTRACTOR may submit to the CITY not more than once each month a request for
payment for work completed. Where applicable, the CONTRACTOR may choose to submit a
request for payment at the substantial completion of each work order. The CITY may elect to
provide its own form for the CONTRACTOR to submit progress payment requests. The standard
form provided by the CITY, or a form presented by the CONTRACTOR having received prior
approval from the CITY, can be used for the submittal of a progress payment.
The CONTRACTOR shall furnish the Engineer and the CITY all reasonable facilities required
for obtaining the necessary information relative to the progress and execution of the Work. In
addition to each month's invoice, an updated project schedule shall be submitted.
Each request for payment shall be computed from the work completed to date on all items listed
in the detailed breakdown of the contract amount less previous payments and back charges.
Progress payments on account of Unit Price Work will be based on the number of units
completed at the time the payment request was dated by the CONTRACTOR. If payment is
requested on the basis of materials and equipment not incorporated in the project but delivered
and suitably stored at the site or at another location agreed to in writing, the payment request
shall also be accompanied by a bill of sale, invoice or other documentation warranty that the
CITY has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, all of which shall be satisfactory to the CITY. No payments shall be
made for materials stored on site without approval of the CITY.
An amount of 10% of each monthly pay request shall be retained until final completion and
written acceptance of the Work by the CITY. Payment of the retainage shall be included in the
Contractor's final pay request in accordance with Paragraph 9.14. 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 9.13.
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.
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9.3 CITY'S ACTION ON A REQUEST FOR PAYMENT
Within thirty (30) days from the date of receipt of a request for payment the CITY shall do one
of the following:
(a) Approve and pay the request for payment as submitted.
(b) Approve and pay such other amount of the request for payment in accordance
with Paragraph 9.4 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 9.4 informing
the CONTRACTOR in writing of the reasons for withholding payment.
9.4 CITY'S RIGHT TO WITHHOLD PAYMENT OF A REQUEST FOR PAYMENT
The CITY may withhold payment in whole or in part on a request for payment to the extent
necessary for any of the following reasons:
(a) Work not performed but included in the request for payment, or the Contract Price
has been reduced by written change order.
(b) Work covered by the request for payment which is not in accordance with the
Plans, Specifications and generally accepted construction practices, including if,
in the opinion of the CITY, there is sufficient evidence that the Work has not been
satisfactorily completed, or based upon tests and/or inspections the work is
defective or has been damaged requiring correction 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.
9.5 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
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deduction from the contract amount shall be made to compensate the CITY for the uncorrected
work.
9.6 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 therefrom 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.
9.7 CHANGES IN THE WORK
A. Chance Orders
If conditions require a change in the scope of work or additional work varying from the original
Plans or Specifications, such action shall be deemed work totally outside the scope of the Plans
or Specifications and/or the contemplation of the Contract. All extra work .shall require an
executed written Change Order from the designated official authorized to provide the approval.
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;. _ . _ _ .. -------- _-
Compensation to be paid to the CONTRACTOR for accomplishing the work of a Change Order .
shall be established in one of the following ways:
(a) By lump sum proposed by the CONTRACTOR and accepted by the CITY.
(b) By unit prices established and agreed to.
(c) By unit prices established for additional kinds of work.
(d) By other methods as may be mutually agreed upon.
(e) By force account wherein the CONTRACTOR provides the labor and materials at
CONTRACTOR'S direct cost plus 15% for overhead and profit. When the force
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account method is used, the CONTRACTOR shall provide full and complete
records of all costs for review by the CITY.
B. Claims
Claims arising from changes or revisions made by the CONTRACTOR at the CITY'S request
shall be presented to the CITY before work starts on the changes or revisions. If the
CONTRACTOR deems that extra compensation is due for work not covered herein, or in
Supplemental Agreement, the CONTRACTOR shall notify the CITY in writing of its intention
to make claim for extra compensation before work begins on which the claim is based. If such
notification is not given and the CITY is not afforded by the CONTRACTOR a method
acceptable to the CITY for keeping strict account of actual cost, then the CONTRACTOR
hereby waives its request for such extra compensation. The CITY is not obligated to pay the
CONTRACTOR if the CITY is not notified as described above. The CONTRACTOR may
refuse to perform additional work requested by the CITY until an appropriate agreement is
executed by the parties. Such notice by the CONTRACTOR and the fact that the CITY has kept
account of the costs as aforesaid shall not in any way be construed as proving the validity of the
claim.
9.8 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 him pertaining to the canceled items before the date of cancellation .or suspension of
the Work. The CONTRACTOR shall be allowed a profit percentage on the materials used and on
construction work actually done, at the same rates as provided for "Changes in the Work ", but no
allowance will be made for anticipated profits. Acceptable materials ordered by the
CONTRACTOR or delivered on the site before the date of such cancellation or suspension shall
be purchased from the CONTRACTOR by the CITY at actual cost and shall thereupon become
the property of the CITY. _ _ _ _ _ _
9.9 PAYMENT FOR WORK SUSPENDED BY THE CITY
If the Work or any part thereof shall be suspended by the CITY as provided in Paragraph 8.3, the
CONTRACTOR will then be entitled to payment for all work done except as provided in
Paragraph 9.4.
9.10 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 8.8 shall be paid by the CONTRACTOR.
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9.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION OF CONTRACT
A. Termination by City for Cause
Upon termination of the contract by the CITY for cause, including abandonment or termination
by CONTRACTOR, the CITY may enter into an agreement with others for the completion of the
Work under this Agreement and the CONTRACTOR shall be held harmless . for the work of
others. No further payments shall be due the CONTRACTOR until the Work is completed and
accepted by the CITY. If the unpaid balance of the contract amount shall exceed the cost of
completing the Work including all overhead costs, CONTRACTOR shall be paid up to the
amount of the excess balance for the work done prior to termination in accordance with the
Agreement Documents. If the cost of completing the Work shall exceed the unpaid balance, the
CONTRACTOR or its Surety shall pay the difference to the CITY. The cost incurred by the City
as herein provided shall include the cost of the replacement contractor and other expenses
incurred by the CITY through the CONTRACTOR'S default. In either event, all work done,
tracings, plans, specifications, maps, computer programs and data prepared by the
CONTRACTOR under this Agreement shall be considered property of the CITY-.
B. Termination by City Without Cause
In the event the CITY without cause abandons, terminates or suspends this Agreement, the
CONTRACTOR shall be compensated for services rendered up to the time of such termination
in accordance with the Agreement Documents and any work done or documents generated by the
CONTRACTOR shall remain the property of the CITY.
9.12 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.
9.13 RELEASE OF .. CLAIMS - (INTERIM/FINAL)
The CONTRACTOR shall deliver, with each request for payment, a completed Affidavit and
Release of Claim on a form supplied by the CITY. Also, from each supplier or subcontractor
who has notified the CITY of his right to file a Claim (Notice to City) or who is listed in the
Contractor's Affidavit and Release of Claim as an unpaid, potential Claimant, a Claimant's
Sworn Statement of Account, executed by the supplier or subcontractor, must be attached to each
request for payment.
If the completed forms are not supplied with the request for payment, the CITY will notify
CONTRACTOR of the outstanding claims of record and, if said completed form(s) are not
supplied within thirty (3 0) days, the CITY shall make joint payments to the CONTRACTOR and
outstanding claimants.
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9.14 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.
9.15 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.
10.0 PUBLIC CONTRACT REQUIREMENTS
10.1 COVENANT AGAINST CONTINGENT FEES
The CONTRACTOR warrants that he 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- he 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.
10.2 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 his personal interest, or have any personal or pecuniary
interest, direct or indirect, in this Agreement or the proceeds thereof.
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10.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING
The CONTRACTOR agrees that no Federal appropriated funds have been paid or will be paid by
or on behalf of the CONTRACTOR to any person for influencing or attempting to influence any
officer or employee of any Federal agency, a member of Congress, an officer or employee of
Congress or an employee of a member of Congress in connection with the awarding of any
Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering
into of any cooperative. agreement and the extension, continuation, renewal, amendment or
modification of any Federal contract, Grant, loan or cooperative agreement.
If any funds other than Federal appropriated funds have been paid by the CONTRACTOR to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a
member of Congress, an officer or employee of Congress or an employee of a member of
Congress in connection with any FDOT Joint Participation Agreement, the undersigned shall
complete and submit Standard Form- "Disclosure Form to Report Lobbying" in accordance with
its instructions.
10.4 INTEREST OF CONTRACTOR
The CONTRACTOR covenants that he presently has no interest and shall not acquire any
interest, direct or indirect, which shall conflict in any manner or degree with the performance of
services required to be performed under this Agreement. The CONTRACTOR further covenants
that in the performance of this Agreement, no person having any such interest shall be employed.
The CONTRACTOR shall not undertake any professional work which conflicts with his duties
as 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.
10.5 -.. PUBLIC ENTITY - CRIMES
._.
The CONTRACTOR shall file the attached sworn statement which is entitled PUBLIC ENTITY
CRIMES, stating whether a person or affiliate as defined in Section 287.133 (1) Florida Statutes,
has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the
provisions of said statute.
10.6 DRUG -FREE WORKPLACE
The Agreement documents also consist of the "Drug -Free Workplace Form" which is in
accordance with Florida Statute 287.089 and must be signed and instituted.
10.7 COMPLIANCE WITH LAWS
CONTRACTOR shall comply with all applicable federal, state and local laws that in any way
regulate or impact the Work.
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10.8 INSURANCE
The CONTRACTOR agrees to carry insurance, of the types and subject to the limits as set forth
below and maintain said insurance during the life of this agreement:
(a) Workers' Compensation - Contractor shall purchase workers' compensation
insurance as required by law.
(b) Commercial General Liability - Contractor shall purchase Commercial General
Liability insurance with a combined single limit of at least $1,000,000.
(c) Commercial Auto Liability - Contractor shall purchase Commercial Auto
Liability insurance with a combined single limit of at least $1,000,000.
Further, CONTRACTOR shall maintain such insurance as is reasonably required to satisfy its
obligations under Paragraph 8.18 for the Work paid for by the CITY but not yet accepted.
The insurance company selected shall be approved by the CITY. The CONTRACTOR and the
insurance company(s) shall agree to fiumish 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 he has obtained all
the insurance required under this paragraph and certificates of such insurance have been
submitted to the CITY, nor shall the CONTRACTOR allow any subcontractor to commence
work on his subcontract until all insurance required has been so obtained and approved by the
CITY. The CONTRACTOR shall carry and maintain until acceptance of the Work, insurance as
specified herein and in such form as shall protect him 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 himself or by any subcontractor or by
any one directly or indirectly employed by either of them.
The CONTRACTOR shall furnish to the CITY certificates of insurance in duplicate showing
proof of insurance, naming the CITY as an additional insured party, prior to the start of
construction as provided in the Contract.
10.9 BOND
The CONTRACTOR shall provide Bonds in the form prescribed by State Law, and generally as
shown in these Documents, for Performance and Payment, each in the amount of 100% of the
total contract amount.
10.10 PERMITS
All CITY and St. John's River Water Management District permits and other permits necessary
for the prosecution of the Work shall be secured by the City, except for CONTRACTOR'S
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licenses and registrations. CONTRACTOR shall secure a building permit if. required by the
City's Building Official.
10.11 LAWS TO BE OBSERVED
The CONTRACTOR shall give all notices and comply with all federal, state and local laws,
ordinances, permit requirements and regulations in any manner affecting the conduct of the
Work, and all such orders and decrees as enacted by bodies or tribunals having any jurisdiction
or authority over the Work, and shall indemnify and save harmless the CITY and Engineer
against any expense, claim or liability arising from, or based on, the violation of any such law,
ordinance, regulation, permit requirements, order or decree, whether by himself or his
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 himself 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, he shall forthwith
report the same to the Engineer and CITY in writing. CONTRACTOR shall at all times observe
and comply with and cause all his agents, subcontractors and employees to observe and comply
with decrees; and shall protect and indemnify the CITY and Engineer, their 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 himself or his 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- records -local ordinances and such other statutory provisions pertaining-to--this
class of work.
11.0 MISCELLANEOUS
11.1 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 registered or certified mail to the parties at the address as either party
may by notice designate.
11.2 WRITTEN NOTICE
Written notice shall be considered as served when delivered to the designated representative of
the CONTRACTOR and receipt acknowledged or sent by registered mail to the individual, firm,
or corporation to the business address stated in Bid Proposal.
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Change of Address: It shall be the duty of each party to advise the other parties to the Contract as
to any changes in his business address until completion of the Contract.
11.3 TIME IS OF THE ESSENCE
It is agreed and understood that time is of the essence with respect to the completion date for the
Work and all other provisions of the Contract Documents.
11.4 NO WAIVER OF LEGAL RIGHTS
Neither the payment for, nor acceptance of the whole or any part of the Work by the CITY or
representatives of the CITY, nor any extension of time, nor the withholding of payments, nor any
possession taken by the CITY, nor the termination of employment of the CONTRACTOR shall
operate as a waiver of any portion of the Contract or any power therein reserved or any right
therein reserved or any right therein provided, nor shall the waiver by the CITY of any of the
CONTRACTOR'S obligations or duties under this Agreement constitute a waiver of any other
obligation or duty of the CONTRACTOR under this Agreement.
11.5 RIGHT TO WORK PRODUCT
No reports, data, programs or other material produced in whole or in part under this Agreement
shall be subject to copyright by the CONTRACTOR, in the United States or in any other
country. The CITY or its assigns shall have the unrestricted authority to publish, disclose,
distribute and otherwise use, in whole or in part, any reports, data, programs or other material
prepared under this Agreement. All tracings, plans, specifications, maps, computer programs and
data prepared or obtained under this Agreement shall remain the property of the CITY. Any use
of any plans and specifications by the CITY except the use reasonably contemplated by the
CITY at the time the CITY entered this Agreement will be at the CITY'S risk and
CONTRACTOR, its officers, directors and employees, will be held harmless from such use.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day
and year first above written.
ATTEST:
THE CITY OF SEBASTIAN
B
Sally A. M ' , MMC Al r
Title: ty Manager
(SEAL)
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Approved as to Form and Content for:
Reliance by the City of Sebastian Only
obert A. Ginsburg, City J66mey
Signed, sealed and delivered
In the presence of:
Nan
CONTRACTOR
sy: �-
Name_ MKS 0'6'e G"'o e-
Title %1 its �,tLS /DE�II
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ADDENDUM NO. I — CORRECT BID SHEET QUANTITIES
ATTACHMENT 1
Bid Price
13
ADDENDUM NO. 1 - ATTACHMENT 1
Bid Price — Continued
ALTERNATE: The alternate listed below may be added (or deducted) from the
base bid amount if the Owner decides to accept the corresponding change. The City
of Sebastian reserves the right to award the contract based on the alternate, the
corresponding change. The City of Sebastian reserves the right to award the contract
based on the alternate, therefore, each 'Total + Alternate' price must be ready to stand
on its own.
A. DEDUCT ALTERNATE - COLORED ASPHALT APPLICATION FOR
PARKING ONLY (19,132 SF)
( -) $ O. 00
In lieu of Item 3 -A Patterned Colored Asphalt Application (Maroon Color)
2. The unit price bid for furnishing and installation I construction of the colored
patterned asphalt application, thermoplastic striping, etc., shall include, but is not
limited to, utilities exploration, coordination with any permitting agencies, audio-
visual documentation, irrigation repair, restoration of any pavement, sidewalk, or
landscape damaged or destroyed, by this work, traffic maintenance / control,
demobilization; and the unit price(s) will also include restoration / re- furbish of any
existing pavement markings, curbing, sidewalks, mailboxes, signs, etc., disturbed or
damaged by construction; and the unit prices shall include cost for required
preliminary layout, and coordination with owner and engineer for field verification of
proposed work. All materials and installation shall be per the latest City of Sebastian
Standards, FDOT Standards, and the Manufacturers recommendations. The
Contractor will be provided with a copy of plans in AutoCADD format to use for
construction stake -out and for use in preparing record as- builts drawings.
3. For items 2 -A and 3 -A refer to Technical specifications on sheet 'Spec 1', the plans
and to Manufacturers Installation Requirements and Recommendations
4. Removal of existing striping at public road crosswalks is per intersection in its
entirety. For example, at CR512 East there are three separate legs of existing striping
to be removed.
Contractor is responsible to confirm all quantities of work. Any discrepancies shall
be identified and reported to the engineer within the Bid Period, but no later than
August 26 at 12:00 pm, so an appropriate response and addendum can be prepared.
Discrepancies in quantities not reported within this time frame, but reported or
claimed after, will not be considered or approved by the City for an adjustment to the
contract value. The project work, as depicted on the attached plans, shall be
completed for the bid amount regardless of the quantity measured in the field.
14
ADDENDUM NO. 1- SCHEDULE OF BID ITEMS
All bid items shall include costs for furnishing to the Owner all materials, equipment, and
supplies and for all costs incurred in completing the work including installation of all
materials, equipment, and supplies furnished, complete in place and ready for continued
service, all other labor, taxes, insurance, miscellaneous costs, overhead and profit.
By the signature affixed below, the Contractor agrees that this bid is made without any
other understanding, agreement, or connection with any person, corporation, or firm
submitting a bid for the same purpose, and that the bid is in all respects fair and without
collusion of fraud. :If awarded this bid, I agree to execute /enter into said agreement
within fifteen (15) consecutive calendar days notice by the City and agree to all the terms
and conditions of all documents stated herein, with the City of Sebastian, for the above
stipulated price.
I have attached the required 5% Bid Security to this Bid.
BIDDER INFORMATION
SUBMITTED ON: 08/31/2011
(DATE)
SUBMITTED BY: Santa Cruz Construction, Inc. (NAME OF BIDDER)
4205 N. Courtenay Parkway
Merritt Island, FL 32953
(321) 452 -3190
(321) 459 -3358
(STREET ADDRESS)
(CITY, STATE, ZIP)
(PHONE NUMBER)
(FAX NUMBER)
scci@santacruzconstruct ion. com (E-MAIL)
59- 1625608
CGC 004606
(FEDERAL ID #)
(FLORIDA LICENSE ##)
SIGNED BY: Dacks C. Rodriguez (PRINTEDNAME)
Vice President
(SIGNATURE)
(TITLE)
15
ATTACHMENT 3
DRUG -FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that
Santa Cruz Construction, Inc.
does:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy
of maintaining a drug free workplace, any available drug counseling, rehabilitation,
employee assistance programs and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a condition of
working on the commodities or contractual services that the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or plea of guilty
or polo contendere to any violation of Chapter 1893 or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace no later than five
(5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, by any
6. Make a good faith effort to continue to maintain a drug free workplace through
implementation of Paragraph 1 through 5.
As the person authorized to sign this statement, I certify that this firm complies fully
with the above requirements.
Date: 08/31/2011
Signature
20
Santa Cruz Construction, Inc.
Company Name
ATTACHMENT 4
SWORN STATEMENT ON CONFLICT OF INTEREST
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement MUST be submitted with Bid, Proposal or Contract No. 11 -14
for US High 1 Corridor Enhancements
2. This sworn statement is submitted by:
Santa Cruz Construction, Inc.
(Name of entity submitting Statement)
whose business address is:
4205 N. Courtenay Parkway, Merritt Island, FL 32953
3. My name is Dacks C. Rodriguez
(Please print name of individual signing)
and my relationship to the entity named above is Vice President
4. I understand that the following would constitute a conflict of interest:
a. Any officer, director, or agent who is also an employee of the City of Sebastian.
b Any City- employee who owns, directly.. or -indir-ectly - -an interest -of - ten - percent
(10 %) or more in the Bidder's firm or any of its branches.
5. Based on information and belief, the statement, which I have marked below, is true in
relation to the entity submitting this sworn statement. [Please indicate which statement applies.]
XXX Neither the entity submitting this sworn statement, nor any officers, directors, or agents
who is also an employee of the City of Sebastian; nor does any City employee who owns,
directly or indirectly, an interest of ten percent (10 %) or more in the Bidder's firm or any
of its branches.
The entity submitting this sworn statement, or one or more of the officers, directors, or
agents is also an employee of the City of Sebastian:
21
Santa Cruz Construction, Inc.
Company Name
Name of Affiliate or Entity Name of City Council Relationship
Member or Employee
Signature Dacks C. Rodriguez
08/31/2011
(Date)
STATE OF Florida
COUNTY OF Brevard
The foregoing instrument was acknowledged before me this 31st day of August
. .. . ............. . ..... . .. � -- -1--l- . .....
2011 by, who is personally known to me or who has produced FL DL
as identification.
NOTARY PUBLIC
SIGN: Vac-i 4&
PRINT: Melanie Grube
Notary Public, State at large
My Commission Expires:
(Seal)
22
ATTACHMENT 5
PUBLIC ENTITY CRIMES FORM
Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must
execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA
STATUTES, ON PUBLIC ENTITY CRB4ES, including proper check(s), in the space(s)
provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or
proposal on behalf of dealers or suppliers who will ship commodities and receive payment from
the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by
them and are included with your quote, bid, or proposal. Corrections to the form will not be
allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in
every detail and submit it with your quote, bid, or proposal may result in immediate
disqualification of your bid or proposal.
The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133,
Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the
Florida Department of General Services to maintain and make available to other political entities
a "convicted vendor" list consisting of persons and affiliates who are disqualified from public
and purchasing process because they have been found guilty of a public entity crime. A public
entity crime is described by Section 287.133, Florida Statutes, as a violation' of any State or
Federal law by a person with respect. to and directly related to the transaction of business with
any public entity in Florida or with an agency or political subdivision of any other state or with
the United States, including, but not limited to, any bid or Agreement for goods or services to be
provided to any public entity or with an agency or political subdivision and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
By law no public entity shall accept any bid from, award any Agreement to, or transact
any business in-excess of-the-threshold-amount provided -in- Section 287 :017; - Florida Statutes; -for
category two (currently $10,000) with any person or affiliate on the convicted vendor list for a
period of 36 months from the date that person or affiliate was placed on the convicted vendor list
unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f),
Florida Statutes.
Therefore, effective October 1, 1990, prior to entering into an Agreement (formal
Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or
services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the
Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or
affidavit will be the form to be utilized and must be properly signed in the presence of a notary
public or other officer authorized to administer oaths and properly executed.
THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE
SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS NON
INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR
QUOTE OR BID.
23
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or Agreement No.
11 -14 for THE CITY OF SEBASTIAN.
2. This sworn statement is submitted by
Santa Cruz Construction, Inc.
sworn statement) whose
4205 N. Courtenay Pkwy.Merritt Isl.,
name of
business
FL 32953
its Federal Employer Identification (FEIN) is
no FEIN, include the Social Security Number of the individual
statement: )
entity submitting
address is
and (if applicable)
_ (If the entity has
signing this sworn
3. My name is Dacks C. Rodriguez (please print name of
individual signing) and my relationship to the entity named above is
Vice President
4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or with the United States, including, but not
limited to, any bid or Agreement for goods or services to be provided to any public entity
or an agency or political subdivision of any other state or of the United States and
. involving - antitrust ,--- fraud) theft;-- bribery; -- collusion, - racketeering; - conspiracy, or- material
misrepresentation.
5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b)
Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or
without an adjudication of guilt, in any federal or state trial court of record relating to
charges brought by indictment or information after July 1, 1989, as a result of a jury
verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
6. I understand that an "affiliate as defined in Paragraph 287.133(1)(a), Florida Statutes.
means:
(1) A predecessor or successor of a person convicted of a public entity crime; or
(2) An entity under the control of any natural person who is active in the
management of the entity and who has been convicted of a public entity crime.
24
The term "affiliate" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in the management of an affiliate. The
ownership by one person of shares constituting a controlling interest in another person, or
a pooling of equipment or income among persons when not for fair market value under
an arm's length agreement, shall be a prima facie case that one person controls another
person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes,
means any natural person or entity organized under the laws of any state or of the United
States with the legal power to enter into a binding Agreement and which bids or applies
to bid on Agreements for the provision of goods or services let by a public entity, or
which otherwise transacts or applies to transact business with a public entity. The term
"person" includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in management of an entity.
8. Based on information and belief, the statement which I have marked below is true in
relation to the entity submitting this sworn statement. (Please indicate which statement
applies.)
XXX Neither the entity submitting this sworn statement, nor any officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in
management of the entity, nor any affiliate of the entity have been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers,
directors, executives, partners, shareholders, employees, members or ' agents who are
active in management of the entity, or an affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate
_ which-additional... statement... applies.) ...___.....--_ . ................_._..._._....._ _.........._-....._.._................ ..... ... ..... .... ...... _._ ............... ......._. ...... .
There has been a proceeding concerning the conviction before a hearing
officer of the State of Florida, Division of Administrative Hearings. The final order
entered by the hearing officer did not place the person or affiliate on the convicted vendor
list. (Please attach a copy of the final order.)
The person or affiliate was placed on the convicted vendor list. TI here has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer determined that
it was in the public interest to remove the person or affiliate from the convicted vendor
list. (Please attach a copy of the final order.)
The person or affiliate has not been placed on the convicted vendor list. (Please
describe any action taken by or pending with the Department of General Services.)
25
,-- 'L � �, /-\,- -
(Signature)
Date: 08/31/2011
STATE OF FLORIDA
COUNTY OF Brevard
The foregoing instrument was acknowledged before me this31st day of August , 2011
101919 by Dacks C. Rodriguez , Vice President (title) on behalf of
(name of partnership), a partnership. He /she is personally known to me
or has produced FL DL as identification and did () did not () take an oath.
Name: Melanie Gr be
My Commission Expires: January
Commission Number: DD849171
31,.2013
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BREVARD COUNTY BUSINESS TAX RECEIPT ACCOUNT NO.
.2010-2011 O ZONING RESTRICTIONS 125471
TAX RECEIPT SHOULD BE DI PLkEDON PREMISES
THE PERSON(S), OR ENTITY BELOW: BUSINESS PERIOD: OCTOBER 1, 2010 - SEPTEMBER 30, 2011
SANTA CRUZ CONSTRUCTION INC EXPIRES: SEPTEMBER 30, 2011
4205 N COURTENAY PKWY
MERRITT ISLAND FL 32953
LOCATION:
4205 N COURTENAY PKWY
UNINCORP. MERR. ISL., FL 32953
OWNED BY:
SANTA CRUZ CONSTRUCTION, INCORPORATED
JOHN R RODRIGUEZ/ CGC
BUSINESS CLASSIFICATIONS, DISCLAIMERS, AND RELATED FEES:
ISSUED PURSUANT AND SUBJECTTO FLORIDA STATUTES AND BREVARD COUNTY CODE ISSUANCE
DOES NOT CERTIFY COMPLIANCE WITH ZONING OR OTHER LAWS.
BUSINESS TAX RECEIPT IS SUBJECT TO REVOCATION FOR ZONING VIOLATIONS, AND / OR FAILURE
TO MAINTAIN RESULATORY PRE - REQUISITES AS REQUIRED FOR BUSINESS CLASSIRCAnON(S), OR
SUBSEQUENT ACTIVITIES. NOTIFY TAX COLLECTOR UPON CLOSING OF BUSINESS.
A PERMIT IS REQUIRED TO ADVERTISE (Induding with signage) "GOING OUT OF BUSINESS".
LISA CULLEN, CFC, Brevard County Tax Collector
P 0 Box 2500, Titusville, Florida 32781 -2500
(321) 264 -6910
PENALTY:
300305 GENERAL CONTR.[CERTIFIED]
590501 HAZ. WASTE GEN. SURCHARGE
820005 2010 - 2011 RECEIPT AMT
2011 HAZ WASTE 40
ryvil
•1
ip
1.
UPON A CHANGE OF OWNERSHIP OR LOCATION,
BUSINESS TAX RECEIPT SHOULD BETRANSFERRED WITHIN 30 DAYS.
EXEMPTIONS: NON EXEMPT
$.00
$37.00
$40.00
K
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z-
PAID
BRANCH OFFICES: Merritt Island Office; 1450 N. Courtenay Pkwy, Merritt Island, FL 32953
Melbourne Office, 1515 Sarno Road, Melbourne, FL 32935
Palm Bay Office, 450 Cogan Dr. SE, Palm Bay, FL 32909
MAIN OFFICE: 400 South St., 6th Floor, Titusville, FL 32780 (321) 264 -6910, (321) 633 -2199, ext. 46910
Florida Department of Transportation
CHARLIE CRIST
GOVERNOR
February 19, 2010
605 Suwannee Street
Tallahassee, FL 32399 -0450
Certified Mail — Return Receipt Requested
Lance W. Rodriguez, President
Santa Cruz Construction, Inc.
4205 *N. Courtney Parkway
Merritt Island, Florida 32953:e
ANNIVERSARY DATE — Annually On February 19
Dear Mr. Rodriguez:
STEPHANIE C. KOPELOUSOS
SECRETARY
The Florida Department of Transportation [FDOT] is pleased to announce that
your firm is certified under the Florida Unified Certification Program [UCP] as
a Disadvantaged Business Enterprise [DBE] in -accordance with Part 49
Section 26, Code of Federal Regulations.
,DBE certification -is continuing, but is contingent upon the firm maintaining its
eligibility annually through this office. You will be notified of your annual
responsibilities in advance of the Anniversary Date. You must submit the
annual AFFIDAVIT FOR CONTINUING .ELIGIBILITY no later than the
Anniversary Date. Failure to do so will result in immediate action to remove
certification.
Only those firms listed in the UCP DBE Directory, are certified by Florida UCP
Members. Prime contractors and consultants should verify your firm's DBE
certification status, and identify the work area(s) for which the firm is DBE
eligible, through this Directory.
Your firm will be listed in Florida's UCP DBE Directory which can be accessed at
through The Department's website: www. dot. state .fl.us /egualopportunityoffice,
and then selecting "DBE Directory."
DBE certification is NOT a guarantee of work, but enables the firm to compete
for, and perform, contract work on all USDOT Federal Aid (FAA, FTA and FHWA)
projects in Florida as a DBE contractor, sub - contractor, consultant, sub -
consultant or material supplier.
If, at any time, there is a material change, you must advise this office, by
sworn affidavit and supporting documents, within thirty f301 days. Changes
include, but are not limited to, ownership, officers, Directors, management, key
personnel, scope of work performed, daily operations, on -going business
relationships with other firms or individuals, or the physical location of your firm.
After our review, you will receive instructions as to how you should proceed, if
necessary. Failure to do so will be deemed a failure, on your part, to cooperate,
and will result in immediate action to Remove DBE certfication.
Your firm is eligible to compete for, and perform, work on all USDOT Federal Aid
projects throughout Florida, and may earn DBE credit for work performed in the
following areas.
NAICS; FDOT Specialty Code & Description
238990
522
Concrete Sidewalk
237310
524
Concrete Ditch & Slope Pavement
237310
425
Inlets, Manholes & Junction Boxes
237310
430
Pipe Culverts & Storm Sewers
237310
440
Underdrains
328910
110
Clearing & Grubbing
238910
12X
Excavation & Grading
238990
104
Temporary Erosion Control
238990
530
Riprap
238990
705
Highway Delineators
Questions or concerns should be directed to this office by mail or telephone. Our
telephone number is (850) 414 -4747. Our Fax number is (850) 414 -4879.
Sincerely,
Arthur Wright
Manager, Equal Opportunity Office
- AV
Florida Department of Transportation
CHARLIE GRIST 605 Suwannee Street STEPHANIE C. KOPELOUSOS
GOVERNOR Tallahassee, FL 32399 -0450 SECRETARY
June 16, 2010
SANTA CRUZ CONSTRUCTION, INC.
4205 N COURTENAY PARKWAY
MERRITT ISLAND FL 32953
RE: CERTIFICATE OF QUALIFICATION
Dear Sir /Madam:
The Department of Transportation has qualified your company for the amount and
the type of work indicated below. Unless your company is.notified otherwise, this
rating will expire 6/30/2011. However, the new application is due 4/30/2011.
In accordance with'S.337.14 (1) F.S. your next application must be filed within
(4) months of the ending date of the applicant's audited annual financial
statements and, if applicable, the audited interim financial statements. Section
337.14 (4) F.S. provides that your certificate will be valid for 18 months after
your financial statement date. This gives a two month period to allow you to bid
on jobs as we process your new application for qualification. To remain qualified
with the Department, a new application must be submitted subsequent to any
significant-change' in the financial position or the structure of your firm as
described in Section 14- 22.005(3), Florida Administrative Code.
MAXIMUM CAPACITY RATING: $5,350,000.00
FDOT APPROVED STORK CLASSES:
DRAINAGE, FENCING, FLEXIBLE PAVING, GRADING, GRASSING, SEEDING AND SODDING,
GUARDRAIL, ROADWAY SIGNING
FDOT APPROVED SPECIALITY CLASSES OF WORK:
WATER. AND SEWER UTILITY, CONCRETE REPAIR, CONDUITE INSTALLATION, PIPE REPAIR,
UTILITY CONSTRUCTION•, CALL BOX SLAB NODIFICATION, IRRIAGTION, RIP RAP AND
SIDEWALK.
Please be advised the Department of Transportation has considered your company's
qualification in all work classes requested. We have evaluated your company's
organization, management, work experience, work performance and adequacy of
equipment as directed by section 14- 22.003, Florida Administrative Code. Based
on this evaluation, the Department is not able, at this time, to prequalify your
company for the work classes: DEBRIS REMOVAL, (EMERGENCY) •
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-JCA�KDF CERTIFICA OF LIABILITY INSURANCE OP ID MR DATE(MMlDDlYYY0)
10/27/10
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY' OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED•BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
ca er is an ADDMONAL INSUREG, the po Icy les must be an do, ATION IS WAIVED, subject,
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
WV
POLICY NUMBER
GL2064793
CA2064737
NAME:
ESE Ins & Bonds of Brevard.LLC
400 Eigh Point Dr, Suite 200
Cocoa FL 32926
Phone:321- 639 -3055 Fax:321- 639 -2077
INSURED
AAX, No Ind:
ADDRESS:
CUSTOMER ID r1: SANC005
W SURER(S) AFFORDING COVERAGE
NAIC q
23396
Santa Cruz Construction Inc.
Darks Rodriguez
4245 No. -Courtenay Parkway
Merritt Island FL 32953
INSURERA: aseriavx. Idttual Insnraaa. Cc
INSUI B; ,�� =��.w "_ ..r•ns
19488
INSURER 0:
$2,000,000
INSURER D :
$2,000,000
COMBINED SINGLE LIMIT
iE2 aodde4
$
INSURER E :
BODILY INJURY (Per person)
COVERAGFS t�coTrcrn•Tr .
INSURERF:
$
REV1510N NUMBER:
THIS IS 70 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFl CATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY 11-E POU019S DESCRIBED HEWN It SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
FA
A
TYPE OF INSURANCE
GENERAL LUZUJTY
X COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE
INSR
WV
POLICY NUMBER
GL2064793
CA2064737
(MMIDDIYYYY)
10/01/10
10/01/10
(MNYDD/YYYY)
10/01/11
1o/n1j11
LIMITS
EACH OCCURRENCE 11,000,000
PREMISES (Eaocunenoe)
$100,000
MED EXP (Awry one person)
$10,000
PERSONAL 6 ADV INJURY
$1,000,000
GEN'LAGGREGATE LIMIT APPUESPER
POLICY X JECT LOC
AUTOMOBILE LIABILITY
X ANYAUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON- ONINED AUTOS
GENERAL AGGREGATE
$2,000,000
PRODUCTS - COMPIOP AGG
$2,000,000
COMBINED SINGLE LIMIT
iE2 aodde4
$
$1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (PBraC0welll)
$
PROPERTY DAMAGE
(Peraccident)
$
$
$
A
B
A
DESCRIPTION
X
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EXCESS LJAB
X
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10/01/11
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EACH OCCURRENCE
$4,000,000
_
`DEDUCTIBLE '•
X RETENTION $ O
WOiU E OMPENSATLON
AMMAPLOY pmuAmLnY T!N
OffICCEERIMEMBER EXCLUDED? CUTIVC�
(Mandatory In NH)
M es, descrtSe under
DESCRIPTION OF OPERATIONS below
EquiFxnent Fioater
OF OPERATIONS' /LOCATIONSIVBiICLES
AGGREGATE
$4,000,000
$
,
$
X LIMITS
EL EACH ACCIDENT
41,000,000
EL DISEASE -EA EMPLOYE
$1,000,000
1 EL DISEASE- POUCYLIMT
$1,000,000
Leased/ $100,000
Rented $1 000 ded
CERTIFICATE
HOLDER
+rMELL/iT16N
ACORD 25 (2009/03)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
®1968-2 9 AC
The ACORD name and logo are regisbwed marks of ACORD
All rights reserved.