HomeMy WebLinkAbout25-20-ITB - Citywide Ditch and Swale Grading Agreement - Estep Construction Inc - Signed
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CITY OF SEBASTIAN AGREEMENT FOR
CITYWIDE DITCH AND SWALE GRADING WITH
ESTEP CONSTRUCTION, INC.
THIS AGREEMENT made and entered into the _____ day of _________________, 2025
by and between the City of Sebastian, Florida, whose address is 1225 Main Street,
Sebastian, FL 32958, a municipal corporation of the State of Florida, hereinafter referred
to as the "City" and Estep Construction, Inc. (FEIN: 59-3339339), whose principal and
local address is 1144 Ocoee-Apopka Rd, #100, Apopka, FL 32703 hereinafter referred to
as the “Contractor”. The City and the Contractor are collectively referred to herein as the
“Parties.”
WITNESSETH:
WHEREAS, the City desires to retain the Contractor for the work identified in the
proposal specifications outlined in the 25-20-ITB, Citywide Ditch and Swale Grading; and
WHEREAS, the City desires to retain the Contractor to provide Citywide Ditch and
Swale Grading, as subsequently specifically set out in purchase orders to be issued under
this agreement; and
WHEREAS, the City desires to employ the Contractor to support the activities,
programs, and projects of the City upon the terms and conditions hereinafter set forth,
and the Contractor is desirous of performing and providing such goods/ser vices upon said
terms and conditions; and
WHEREAS, the Contractor hereby warrants and represents to the City that it is
competent and otherwise able to provide professional services to the City; and
WHEREAS, all City promulgated bid documents pertaining to 25-20-ITB, Citywide
Ditch and Swale Grading, and all submissions by the Contractor (including the bid
proposal and proposal clarifications) are incorporated herein to the extent not inconsistent
with the terms and conditions as set forth herein; and
WHEREAS, the City desires to retain the Contractor to provide all labor, materials,
equipment, facilities, and services included in, but not limited to, the guidelines in the
scope of work; and
WHEREAS, the City desires to use the expertise and knowledge of the Contractor;
and
WHEREAS, the Contractor recognizes the importance of strict adherence to all
laws, rules, and regulations, particularly regarding safety procedures and processes.
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained and other good and val uable consideration, the receipt and
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8th October
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sufficiency of which is hereby acknowledged, it is agreed by and between the parties
hereto as follows:
SECTION 1: GENERAL PROVISIONS
1.1 The term "Contractor" as used in this agreement is hereby defined herein as that
person or entity, including employees, servants, partners, principals, agents, and
assignees providing services under this agreement.
1.2 The City reserves the right to utilize any other contract, including, but not limited
to, the following: any state of Florida contract, any contract awarded by any other
city or county governmental agencies, other school boards, other community
colleges/state university system, cooperative agreements, or to negotiate or
purchase per City policy directly. The City also reserves the right to bid separately
any item(s) and/or service(s) covered under this agreement, if deemed to be in the
City's best interest, at any time during this agreement term.
1.3 This agreement is for Citywide Ditch and Swale Grading, as set forth herein and
as otherwise directed by the City to include all labor and materials that may be
required.
1.4 The recitals above are true and correct and form and constitute a material part of
this agreement upon which the parties have relied.
1.5 Each party hereto represents to the other that it has undertaken all necessary
actions to execute this agreement and has the legal authority to enter into it and
undertake all obligations imposed on it. The person(s) executing this agreement
for the Contractor certify that they are authorized to bind the Contractor fully to the
terms of this agreement.
1.6 Time is of the essence of the lawful performance of the duties and obligations
contained in this agreement, including, but not limited to, each purchase order. The
parties agree that they shall diligently and expeditiously pursue their respective
obligations outlined in this agreement and each purchase order.
1.7 When the term “law” is used herein, it shall include statutes, codes, rules, and
regulations of any type or nature enacted or adopted by a governmental entity of
competent jurisdiction.
1.8 The Contractor hereby guarantees the City that all work and all material, supplies,
services, and equipment listed on a Purchase Order meet the requirements,
specifications, and standards provided for under the Federal Occupations Safety
and Health Act of 1970, from time to time amended and in force on the date hereof.
1.9 It is agreed that nothing herein contained is int ended or should be construed as
creating or establishing a relationship of co-partners between the parties or as
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constituting the Contractor (including, but not limited to its officers, employees, and
agents) as the agent, representative, or employee of the City for any purpose or in
any manner whatsoever. The Contractor is to be and shall remain independent
concerning all services performed under this agreement.
1.10 Persons employed by the Contractor in the provision and performance of the
goods and/or services and functions under this agreement shall have no claim to
pension, workers’ compensation, unemployment compensation, civil service, or
other employee rights or privileges granted to the City’s officers and employees
either by operation of law or by the City.
1.11 No claim for goods and/or services furnished by the Contractor not specifically
provided for herein or in a purchase order shall be honored by the City.
SECTION 2: SCOPE OF SERVICES
2.1 The Contractor shall safely, diligently, and professionally and timely perform with
its equipment and assets and provide goods and/or services included in each
subsequently entered purchase order. Unless modified in writing by the parties
hereto, the Contractor's duties shall not be construed to exceed the provision of
the goods and/or services pertaining to this agreement.
2.2 The Contractor shall provide the goods and/or services as generally set forth and
described in Exhibit “A” to this agreement and specifically detailed in various
purchase orders as may be issued from time to time by the City .
SECTION 3: PURCHASE ORDERS
3.1 The provision of services to be performed under the provisions of this agreement
shall be commenced as outlined in the City’s bid/procurement documents upon the
execution of this agreement and a purchase order issued on a form provided by
the City hereunder commencing the provision of goods and services. Additional
services to be performed by the Contractor to the City shall be authorized in a
written change order issued by the City on a form provided by the City. Purchase
orders executed by the City shall include a detailed description of quantities,
services, and a completion schedule. The Contractor shall review purchase orders
and notify the City in writing of asserted inadequacies for the City’s correction if
warranted. In every case, if the Contractor completes work without authorization
by a purchase/work order or a change order, the City is not obligated to
compensate the Contractor for the unauthorized work.
3.2 The Contractor shall perform all services required by the purchase order , but the
Contractor shall not be paid more than the negotiated Fixed Fee amount stated
therein.
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3.3 The Contractor may invoice the amount due based on the percentage of total
services performed and completed, but in no event shall the invoice amount
exceed a percentage of the Fixed Fee amount equal to a percentage of the total
services completed.
3.4 The City shall make payments to the Contractor when requested as work
progresses for services furnished, but not more than once monthly. Each
purchase order shall be invoiced separately. The Contractor shall render to the
City, at the close of each calendar month, an itemized invoice properly dated,
describing any services rendered, the cost of the services, the name and address
of the Contractor, purchase order number, contract number, and all other
information required by this agreement.
SECTION 4: CONTRACTOR UNDERSTANDING OF SERVICES REQUIRED
4.1 Execution of this agreement by the Contractor is a representation that the
Contractor is familiar with the services to be performed and local conditions. The
Contractor shall make no claim for additional time or money based upon its failure
to comply with this agreement. The Contractor has informed the City, and hereby
represents to the City, that it has extensive experience in performing and providing
the services and/or goods described in this agreement and to be identified in the
purchase orders and that it is well acquainted with the work conditions and the
components that are properly and customarily included within such projects and
the requirements of laws, ordinance, rules, regulations or orders of any public
authority or licensing entity having jurisdiction over the City's projects. Execution
of a purchase order shall be an affirmative and irrefutable representation b y the
Contractor to the City that the Contractor is fully familiar with all requisite work
conditions of the provisions of the goods and/or services.
SECTION 5: CHANGE ORDERS
5.1 The City may revise the scope of services outlined in any particular purchase order.
5.2 Revisions to any purchase order shall be authorized in writing by the City as a
change order. Each change order shall include a schedule of completion for the
services authorized. Change orders shall identify this agreement and the
appropriate purchase order number. Change orders may contain additional
instructions or provisions specific to certain aspects of this agreement pertinent to
the services provided. Such supplem ental instructions or provisions shall not be
construed as modifying this agreement. An agreement between the parties on and
execution of any change order shall constitute a final settlement and a full accord
and satisfaction of all matters relating to the change and to the impact of the
change on unchanged goods and/or work, including all direct and indirect costs of
whatever nature, and all adjustments to the Contractor’s schedule.
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SECTION 6: CONTRACTOR RESPONSIBILITIES
6.1 The Contractor shall be responsible for the professional quality, accepted
standards, technical accuracy, neatness of appearance of employees, employee
conduct, safety, and the coordination of all goods and/or services furnished by the
Contractor under this agreement as well as t he conduct of its staff, personnel,
employees, and agents. The Contractor shall provide the City a list of employees
working days, times, and assignments within two (2) hours of the City’s request for
such information, which the City may request. The Contractor shall provide
employee addresses and driver’s licenses. All Contractor employees shall at all
times wear identification badges which, at a minimum, give the name of the
employee and the Contractor. The Contractor shall work closely with the City to
provide the goods and/or services. Concerning services, the Contractor shall be
responsible for the professional quality, technical accuracy, competence,
methodology, accuracy, and coordination of all of the following, which are listed for
illustration purposes only and not as a limitation: documents, analysis, reports,
data, plans, plats, maps, surveys, specifications, and all other services of whatever
type or nature furnished by the Contractor under this agreement. Without
additional compensation, the Contractor shall correct or revise any errors or
deficiencies in its plans, analysis, data, reports, designs, drawings, specifications,
and any and all other services of whatever type or nature. The Contractor’s
submissions in response to the subject bid or procurement processes are
incorporated herein by this reference.
6.2 Neither the City’s review, approval, or acceptance of nor payment for any of the
goods and/or services required shall be construed to operate as a waiv er of any
rights under this agreement or of any cause of action arising out of the performance
of this agreement and the Contractor shall be and remain liable to the City per
applicable law for all damages to the City caused by the Contractor ’s negligent or
improper performance or failure to perform any of the goods and/or services
furnished under this agreement.
6.3 The rights and remedies of the City, provided for under this agreement, are in
addition to any other rights and remedies provided by law.
6.4 Time is of the essence in the performance of all goods and/or services provided
by the Contractor under the terms of this agreement and every purchase order.
SECTION 7: CITY RIGHTS AND RESPONSIBILITIES
7.1 The City shall reasonably cooperate with the Contractor promptly at no cost to the
Contractor as outlined in this Section.
7.2 The City shall furnish a City project manager to administer, review, and coordinate
the provision of services under purchase orders.
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7.3 The City shall make City personnel available where, in the City’s opinion, they are
required and necessary to assist the Contractor. The availability and necessity of
said personnel to assist the Contractor shall be determined solely at the discretion
of the City.
7.4 The City shall examine all of the Contractor's services and indicate the City's
approval or disapproval within a reasonable time so as not to delay the provisions
of services of the Contractor materially.
7.5 The City shall transmit instructions and relevant information and interpret and
define City policies and decisions concerning all materials and other matters
pertinent to the services covered by this agreement.
7.6 The City shall give written notice to the Contractor whenever the City's designated
representative knows of a development that affects the goods and/or services
provided and performed under this agreement, the timing of the Contractor ’s
provision of goods and/or services, or a defect or change necessary in the
Contractor's goods and/or services.
7.7 The rights and remedies of the City provided under this agreement are in addition
to any other rights and remedies provided by law. The City may assert its right of
recovery by any appropriate means including, but not limited to, set -off, suit,
withholding, recoupment, or counterclaim, either during or aft er the performance
of this agreement as well as the adjustment of payments made to the Contractor
based upon the quality of work of the Contractor.
7.8 The City shall be entitled to recover all legal costs , including, but not limited to,
attorney fees and other legal costs, that it may incur in any legal actions it may
pursue to enforce the terms and conditions of this agreement or the responsibilities
of the Contractor in carrying out the duties and responsibilities deriving from this
agreement.
7.9 The failure of the City to insist in any instance upon the strict performance of any
provision of this agreement or to exercise any right or privilege granted to the City
hereunder shall not constitute or be construed as a waiver of any such provision
or right and the same shall continue in force.
7.10 Neither the City’s review, approval, or acceptance of nor payment for any of the
goods and/or services required shall be construed to operate as a waiver of any
rights under this agreement nor any cause of action arising out of the performance
of this agreement and the Contractor shall be and always remain liable to the City
per applicable law for all damages to the City or the public caused by the
Contractor’s negligent or wrongful provision or performance of any of the good s
and/or services furnished under this agreement.
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7.11 After final payment is made to the Contractor, all deliverable analysis, reference
data, survey data, plans, reports, or any other form of written instrument or
document that may result from the Contrac tor’s services or have been created
during the Contractor’s performance under this agreement shall become the
property of the City.
SECTION 8: COMPENSATION
8.1 Compensation for performance of work per Exhibit A, subject to additions and
deletions by change order as provided for in this agreement.
8.2 Compensation to the Contractor shall be as outlined in the purchase order , which
assigns services to be accomplished by the Contractor.
8.3 The Contractor shall be paid per the charges outlined in Exhibit “B” attached
hereto.
8.4 There are no reimbursable expenses to be paid to the Contractor except as
specifically set forth herein.
SECTION 9: PRICE ADJUSTMENTS
9.1 After the initial contract term, the City of Sebastian will consider requests for price
adjustments. Upon receipt of the Contractor’s written request for a price
adjustment, the City may allow an escalation equal to the Southeastern Consumer
Price Index as of May 1st of that current year, not to exceed 3% of that current
year’s annual contract price.
9.2 The Contractor shall submit the price request to the Procurement Division at least
thirty (30) calendar days before the requested effective increase date. The City
may approve a price increase at its sole discretion.
9.3 Any purchase order issued before the approval of the price increase will not be
modified.
9.4 The contractor shall be entitled to an automatic increase in labor rates due to
minimum wage increases only if a request for adjustment is submitted at least 30
days before the effective change.
SECTION 10: INVOICE PROCESS
10.1 Invoices, in an acceptable form to the City and without disputable items, will be
processed for payment within thirty (30) days of receipt by the City.
10.2 The City will notify the Contractor of any disputable items in invoices submitted by
the Contractor within fifteen (15) days of receipt, explaining the deficiencies.
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10.3 The City and the Contractor will try to resolve all disputable items in the
Contractor’s invoices.
10.4 Each invoice shall reference this agreement, the appropriate purchase order and
Change Order if applicable, and the billing period.
10.5 The Florida Prompt Payment Act shall apply when applicable. A billing period
represents the dates in which the Contractor completed goods and/or services
referenced in an invoice.
10.6 Invoices are to be forwarded directly to the project manager:
Lee Plourde, Public Works Director
lplourde@cityofsebastian.org
SECTION 11: COMMENCEMENT SCHEDULE OF AGREEMENT
11.1 The Contractor shall commence providing services as described in this agreement
upon execution of a purchase order issued by the City.
11.2 The Contractor and the City agree to make every effort to adhere to the schedules
required by the City or as established for the various purchase orders as described
in each purchase order. However, if the Contractor is delayed at any time in the
provision of goods and/or services by any act or omission of the City, or of any
employee, tumult of the City, or by any other Contractor employed by the City, or
by changes ordered by the City, or by strikes, lockouts, fire, unusual delay in
transportation, terrorism, unavoidable casualties, or any other causes of force
majeure not resulting from the inactions or actions of the Contractor and beyond
the Contractor’s control which would not reasonably be expected to occur in
connection with or during performance or provision of the goods and/or services,
or by delay authorized by the City pending a decision, or by any cause which the
City shall decide to justify the delay, the time of completion shall be extended for
such reasonable time as the City may decide in its sole and absolute discretion. It
is further expressly understood and agreed that the Contractor shall not be entitled
to any damages or compensation or be reimbursed for any losses due to any delay
or delays resulting from any of the causes as mentioned earlier or any other cause
whatsoever.
SECTION 12: TERM/LENGTH OF AGREEMENT
12.1 The initial term of the Agreement is for a term of two (2) years. The Agreement
may be renewed by the parties for two (2) additional terms of one (1) year if agreed
to in writing thirty days prior to the end of the initial term.
12.2 The City has the right to extend any contract for the period necessary for the
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Contractor to complete their contractual obligations and/or release, award, and
implement a replacement agreement. Such extension shall be based on the same
prices, terms, and conditions this contract outlines.
SECTION 13: DESIGNATED REPRESENTATIVES
13.1 The City designates the City Manager or their designated representative, to
represent the City in all matters pertaining to and arising from the work and the
performance of this agreement.
13.2 The City Manager, or his/her designated representative, shall have the following
responsibilities:
13.2.1 Examination of all work and rendering, in writing, decisions indicating the
City's approval or disapproval within a reasonable time so as not to
materially delay the work of the Contractor;
13.2.2 Transmission of instructions, receipt of information, and interpretation and
definition of City's policies and decisions with respect to design, materials,
and other matters pertinent to the work covered by this agreement;
13.2.3 Giving prompt written notice to the Contractor whenever the City official
representative knows of a defect or change necessary in the project; and
13.2.4 Coordinating and managing the Contractor’s preparation of any necessary
applications to governmental bodies to arrange for submission of such
applications.
13.3 Until further notice from the City Manager , the designated representative for this
agreement is concerning this section of the Agreement:
Lee Plourde, Public Works Director
Phone: 772-571-7920
Email: Lplourde@cityofsebastian.org
The Contractor’s designated representative is:
Jeffrey Estep, President
Phone: 407-410-1729
Email: jeff@estepconstruciton.com
SECTION 14 - LIQUIDATED DAMAGES
14.1 Upon failure of the Contractor to complete the project by the Completion Date,
the Contractor shall pay the City the sum of One Hundred Dollars ($100) for every
calendar day until the project reaches the Substantial Completion Date, as fixed
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and agreed liquidated damages and not as a penalty to represent the damages
the City will sustain in the event of delay. The Parties agree and recognize the
impossibility of precisely ascertaining the number of damages the City will sustain
if the Contractor fails to achieve the Substantial Completion Date timely.
14.2 When the Contractor defaults on the Agreement or any material provision thereof
or fails to remedy any deficiency in performance, the City may procure the
necessary supplies or services from an alternative source and hold the contractor
financially responsible for any excess costs incurred. The difference between the
bid price of the product or service and the actual price paid may be deducted from
any current or future obligations owed to the contractor as liquidated damages.
SECTION 15: TERMINATION FOR CAUSE OR CONVENIENCE.
15.1 Notwithstanding any other provision of this agreement, the City shall have the right
at any time to terminate this agreement in its entirety, with or without cause, as
outlined herein.
15.2 WITH CAUSE: If the Contractor is found to have failed to perform services in a
manner satisfactory to the City, the Contractor shall have ten (10) days to correct
deficiencies.
15.2.1 Failure of the Contractor to remedy said specified deficiencies within ten
(10) days of receipt of such notice shall result in the termination of the
agreement, and the City shall be reliev ed of any responsibilities and
liabilities under the terms and provisions of the contract.
15.3 WITHOUT CAUSE: The City shall have the right to terminate this agreement
without cause with thirty (30) days' written notice to the Contractor. Notice shall be
served to the parties as specified in the agreement.
15.4 Upon receipt of notice of termination, the Contractor shall promptly discontinue the
provision of all services unless the notice provides otherwise.
15.5 If this agreement is terminated, the City shall identif y any specific purchase
order(s) being terminated and the specific purchase order(s) to be continued to
completion according to the provisions of this agreement.
15.6 This agreement will remain in full force and effect as to all authorized purchase
order(s) to be completed as outlined above.
SECTION 16: PAYMENT IN THE EVENT OF TERMINATION
16.1 In the event this agreement or any purchase order is terminated or canceled before
completion without cause, payment for the unpaid portion of the satisfactorily,
undisputed services provided by the Contractor before the date of termination will
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be paid.
SECTION 17: EQUAL OPPORTUNITY EMPLOYMENT
17.1 The Contractor shall not discriminate based on race, color, sex, age, national
origin, religion, and disability or handicap by the provisions of: Title VI of the Civil
Rights Act of 1964 (42 U.S.C. § 2000 et seq.), Title VII of the Civil Rights Act of
1968 (42 U.S.C. § 3601 et seq.), Florida Civil Rights Act of 1992 (§ 760.10 et seq.),
Title 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375, Title
49 CFR 23 and Title 49 CFR 26 for Disadvantaged Business Enterprises, Age
Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.), Title 49 CFR 21 and Title
49 CFR 23, Nondiscrimination based on handicap, Title 49 CFR 27, Americans
with Disabilities Act of 1990 (42 U.S.C. 12102, et. seq.), Federal Fair Labor
Standards Act (29 U.S.C. § 201, et seq.), and any other federal and state
discrimination statutes. The contractor shall furnish pertinent inform ation regarding
its employment policies and practices and those of their proposed subcontractors
the City may require. The above shall be required of any subcontractor hired by
the Contractor. All equal employment opportunity requirements shall be included
in all non-exempt subcontracts entered into by the Contractor. Subcontracts
entered into by the Contractor shall also include all other applicable labor
provisions. No subcontract shall be awarded to any noncomplying subcontractor .
Additionally, the Contractor shall insert in its subcontracts a clause requiring
subcontractors to include these provisions in any lower tier subcontracts that may
be made. The Contractor shall comply with all state laws and local ordinances.
SECTION 18: INDEMNIFICATION
18.1 The Contractor and any subcontractors shall indemnify, defend and hold harmless
the City, and its officers and employees, from liabilities, damages, losses, and
costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or its subcontractors and other persons employed or utilized by the
Contractor or its subcontractors in the performance of the contract; irrespective of
the negligence of the indemnitee or its officers, directors, agents, or employees.
However, such indemnification shall not include claims of, or damages resulting
from, gross negligence or willful, wanton, or intentional misconduct of the City or
its officers, directors, agents, or employees. Upon request of the City, the
Contractor or its subcontractors shall, at no cost or expense to the City, indemnify
and hold the City harmless of any suit asserting a claim for any loss, damage, or
liability specified above, and the Contractor or its subcontractors shall pay any cost
and reasonable attorneys’ fees that may be incurred by the City in connection with
any such claim or suit or in enforcing the indemnity granted above. Nothing in this
agreement shall be construed as the City waiving its sovereign immunity under
Florida Statute §768.28 or any other sovereign or governmental immunity, nor an
admission of any liability. This provision shall survive the termination of this
agreement.
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SECTION 19: INSURANCE
19.1 The Contractor shall obtain or possess and continuously maintain the following
insurance coverage from a company or companies with a Best Rating of A - or
better, authorized to do business in the State of Florida and a form acceptable to
the City and with only such terms and conditions as may be sufficient to the City:
19.1.1 Worker’s Compensation: The Contractor shall provide and maintain
Coverage for all employees for statutory limits as required by the State of
Florida’s Statutory Workers’ Compensation Law and all applicable Federal
laws. Any policy must include the Employer’s Liability with minimum
limits of $1,000,000 for each accident and a waiver of subrogation.
19.1.2 Comprehensive General Liability: The Contractor shall provide minimum
combined single limits of $1,000,000.00 for each occurrence /
$2,000,000.00 general aggregate for bodily injury and property damage
liability. This shall include premises/operations, personal & advertising
injury, products & completed operations, broad form property damage,
personal and advertising injury, and contractual liability coverage.
19.1.3 Comprehensive Automobile Liability: The Contractor shall provide minimum
liability limits of $1,000,000.00 for each accident, combined with a single
limit for bodily injury and property damage. This shall include coverage for:
A. Owned Automobiles
B. Hired Automobiles
C. Non-Owned Automobiles
19.1.4 Umbrella/Excess Liability: The Contractor shall provide umbrella/excess
coverage with limits of no less than $1,000,000.00 excess of
Comprehensive General Liability, Automobile Liability, and Employers’
Liability. **This coverage is optional if the CONTRACTOR carries
$2,000,000 Commercial General Liability Insurance with a $2,000,000
general aggregate**
19.1.5 All insurance other than Worker’s Compensation to be maintained by the
Contractor shall specifically include the City as an additional insured.
19.2 The Contractor shall provide certificates of insurance to the City , evidencing that
all such insurance is in effect before the issuance of the first purchase order under
this agreement from the City. These certificates of insurance shall become part of
this agreement. Neither approval by the City nor failure to disapprove the
insurance furnished by a Contractor shall relieve the Contractor of t he Contractor’s
full responsibility for performance of any obligation , including the Contractor’s
indemnification of the City under this agreement. If, during the period which an
insurance company is providing the insurance coverage required by this
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agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no
longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the
requisite Best’s Rating and Financial Size Category, the Contractor shall, as soon
as the Contractor knows any such circumstance, immediately notify the City and
immediately replace the insurance coverage provided by the insurance company
with a different insurance company meeting the requirements of this agreement.
Until the Contractor has replaced the unacceptable insurer with insurance
acceptable to the City, the Contractor shall be deemed to be in default of this
agreement.
19.3 The insurance coverage shall contain a provision that requires that before any
changes in the coverage, except increases in aggregate coverage, thirty (30) days
prior notice will be given to the City by submission of a new certificate of insurance.
19.4 The Contractor shall furnish a certificate of insurance directly to the City ’s
procurement/contracts manager. The certificates shall indicate that the Contractor
has obtained insurance of the type, amount, and classification required by this
agreement.
19.5 Nothing in this agreement or any action relating to this agreement shall be
construed as the City’s waiver of sovereign immunity beyond the limits outlined in
Section 768.28, Florida Statutes.
19.6 The City shall not be obligated or liable under the terms of this agreement to any
party other than the Contractor. There are no third -party beneficiaries to this
agreement.
19.7 The Contractor is an independent Contractor and not an agent, representative, or
employee of the City. The City shall have no liability except as specifically provided
in this agreement.
19.8 All insurance shall be primary to, and not contribute to, any insurance or self -
insurance maintained by the City.
SECTION 20: STANDARDS OF CONDUCT
20.1 The Contractor shall promptly notify the City in writing of the filing of any voluntary
or involuntary petition for bankruptcy and/or any insolvency of the Design-Builder
or any of its subcontractors involved in the provision of the Services under this
Agreement.
20.2 The Contractor hereby certifies that no undisclosed (in writing) conflict of interest
exists concerning the agreement, including, but not limited to, any conflicts that
may be due to the representation of other clients, customers, or vendees, othe r
contractual relationships of the Contractor, or any interest in property that the
Contractor may have. The Contractor further certifies that any conflict of interest
arising during this agreement's term shall be immediately disclosed in writing to
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the City. Violation of this Section shall be considered as justification for immediate
termination of this agreement.
20.3 If the City determines that any employee or representative of the Contractor is not
satisfactorily performing his/her assigned duties or is demonstrating improper
conduct under any assignment or work performed under this agreement, the City
shall notify the Contractor in writing. The Contractor shall immediately remove such
employee or representative of the Contractor from such assignment.
20.4 The Contractor shall not publish any documents or release information regarding
this agreement to the media without prior approval of the City.
20.5 The Contractor shall certify, upon request by the City, that the Contractor maintains
a drug-free workplace policy following Section 287.0878, Florida Statutes. Failure
to submit this certification may result in termination of this agreement.
20.6 If the Contractor or an affiliate is placed on the convicted vendor list following a
conviction for a public entity crime, such action will result in termination of this
agreement by the City. Under a contract with any public entity, the contractor,
supplier, or subcontractor may not transact business with any public entity above
the threshold amount provided in s. 287.017, Florida Statutes for CATEGORY
TWO for 36 months after being placed on the convicted vendor list.
20.7 Contractor certifies to the best of their knowledge and belief, that they and their
principals (1) are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by any
municipal, City, state or federal department or agency; (2) have not, within a three
year period preceding execution of this agreement, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or perform ing a public (federal,
state or local) transaction or contract under a public transaction; violation of federal
or state antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records; making false statements; or receiving stolen
property; (3) are not presently indicted for or otherwise criminally or civilly charged
by a governmental entity (federal, state or local) with commission of any of the
offenses enumerated above; (4) have not within a three year p eriod preceding
execution of this Agreement had one or more public transactions (Federal, State ,
or local) terminated for cause or default; and (5) will advise the City immediately if
their status changes and will explain the change in status.
20.8 The City reserves the right to unilaterally terminate this agreement if the Contractor
refuses to allow public access to all documents, papers, letters, or other materials
subject to provisions of Chapter 119, Florida Statutes, and other applicable law,
and made or received by the Contractor in conjunction, in any way, with this
agreement.
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20.9 The Contractor shall comply with the requirements of the Americans with
Disabilities Act (ADA), and all related federal or state laws which prohibit
discrimination by public and private entities based on disability.
20.10 The City will not intentionally award publicly-funded contracts to any Contractor
who knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e)
of the Immigration and Nationally Act (INA). The City shall consider the
employment by the Contractor of unauthorized aliens, a violation of Section
274A(e) of the INA. Such violation by the Contractor of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for immediate termination
of this agreement by the City.
20.11 The Contractor agrees to comply with federal, stat e, and local environmental,
health, and safety laws and regulations applicable to the goods and/or services
provided to the City. The Contractor agrees that any program or initiative involving
the work that could adversely affect any personnel involved, c itizens, residents,
users, neighbors, or the surrounding environment will ensure compliance with all
employment safety, environmental, and health laws.
20.12 The Contractor shall ensure that all goods and/or services are provided to the City
after the Contractor has obtained any permits, licenses, permissions, approvals,
or similar consents at its sole and exclusive expense.
20.13 If applicable, per Section 216.347, Florida Statutes, the Contractor shall not use
funds provided by this agreement to lobby the Legislatu re, the judicial branch, or
state agency. Furthermore, Contractor shall not, in connection with the contract,
directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on
anyone as consideration for any City officer or employee’s d ecision, opinion,
recommendation, vote, other exercise of discretion, or violation of a known legal
duty; or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or
at the direction or request of, any City officer or employee. “Grat uity” means any
payment of more than nominal monetary value in cash, travel, entertainment, gifts,
meals, lodging, loans, subscriptions, advances, money deposits, services,
employment, or contracts.
20.14 The Contractor shall advise the City in writing who has been placed on a
discriminatory vendor list, may not submit a bid on a contract to provide goods or
services to a public entity, or may not transact business with any public entity.
20.15 The Contractor shall not engage in any action that would create a con flict of interest
in the performance of that actions of any City employee or other person during the
performance of, or otherwise related to, this agreement or which would violate or
cause others to violate the provisions of Part III, Chapter 112, Florida Statutes,
relating to ethics in government.
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SECTION 21: PUBLIC RECORDS
21.1 The Contractor will keep and maintain public records required by the City to
perform the service. Upon request from the City’s custodian of public records, the
Contractor will provide the City with a copy of the requested records or allow the
records to be inspected or copied within a reasonable time and at a cost that does
not exceed the cost provided in Chapter 119, Florida Statues, or as otherwise
provided by law. Upon completion of the Agreement, the Contractor will transfer,
at no cost, to the City all public records in possession of the Contractor or keep
and maintain public records required by the City to perform the service. The
Contractor will ensure that the public reco rds that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as
authorized by law for the term of the Agreement and following completion of the
Agreement if the Contractor does not transfer the records to the City. If the
Contractor keeps and maintains public records upon completion of the Agreement,
the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the City, upon request from
the City’s custodian of public records, in a format that is compatible with the
information technology system of the City. If the Contractor does not comply with
the City’s request for public records, the City shall enforce the provisions of the
Agreement per the terms of the Agreement and may terminate the Agreement.
21.2 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT JEANETTE
WILLIAMS, THE CUSTODIAN OF PUBLIC RECORDS AT:
SEBASTIAN CITY CLERK
1225 MIAN STREET
SEBASTIAN, FL 32958
TELEPHONE: 772-388-8215
EMAIL: JWILLIAMS@CITYOFSEBASTIAN.ORG
SECTION 22: CODES AND DESIGN STANDARDS
22.1 All services to be performed by the Contractor shall, at a minimum, be in
conformance with commonly accepted industry and professional codes and
standards, standards of the City, and the laws of any federal, state, and local
regulatory agencies.
22.2 The Contractor shall be responsible for keeping apprised of any changing laws
applicable to the goods and/or services to be performed under this agreement.
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SECTION 23: ASSIGNABILITY
23.1 The Contractor shall not sublet, assign, or transfer any interest in this agreement
or claims for the money due or to become due out of this agreement to a bank,
trust company, or other financial institution without written City approval. When
approved by the City, written notice of such assignment or transfer shall be
furnished promptly to the City.
23.2 The Contractor agrees to reasonably p articipate in the contract “piggybacking”
programs pertinent to local governments.
SECTION 24: SUBCONTRACTORS
24.1 Any Contractor’s proposed subcontractors shall be submitted to the City for written
approval before the Contractor enters a subcontract. Sub contractor information
shall include, but not be limited to, state registrations, business address,
occupational license tax proof of payment, and insurance certifications.
24.2 The Contractor shall coordinate the provision of goods and/or services and work
product of any City approved subcontractors and remain fully responsible for such
goods and/or services and work under the terms of this agreement.
24.3 Any subcontract shall be in writing and shall incorporate this agreement and
require the subcontractor to assume the performance of the Contractor’s duties
commensurately with the Contractor’s responsibilities to the City under this
agreement; it is understood that nothing herein shall in any way relieve the
Contractor from any of its duties under this agreement. The Contractor shall
provide the City with executed copies of all subcontracts.
24.4 The Contractor shall reasonably cooperate with the City and other City Contractors
and professionals.
SECTION 25: CONTROLLING LAWS/VENUE/INTERPRETATION/WAIVER OF JURY
TRIAL
25.1 The laws of the State of Florida shall govern the agreement. In the event of
litigation arising under this agreement, the venue of such acti on shall be an
appropriate State or Federal Court in and for Indian River County, Florida. The
parties agree that in the event of litigation arising from this agreement, each shall
waive any right to trial by jury.
25.2 This agreement is the result of bona fide arms-length negotiations between the
City and the Contractor, and all parties have contributed substantially and
materially to the preparation of the agreement. Accordingly, this agreement shall
not be construed or interpreted more strictly against any o ne party than against
any other party.
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SECTION 26: FORCE MAJEURE
26.1 Neither party shall be considered in default in the performance of its obligations
hereunder to the extent that the performance of such obligations, or any of them,
is delayed or prevented by Force Majeure. Force Majeure shall include, but not
be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic,
pandemic, fire, flood, wind, earthquake, explosion, any law, proclamation,
regulation, or ordinance or other act of government, or any act of God or any cause
whether of the same or different nature, existing or future; provided that the cause
whether or not enumerated in this Section is beyond the control and without the
fault or negligence of the party seeking relief under this Section.
SECTION 27: EXTENT OF AGREEMENT/INTEGRATION/AMENDMENT.
27.1 This agreement and the exhibit(s) constitute the entire integrated agreement
between the City and the Contractor and supersedes all prior written or oral
understandings in connection therewith. This agreement and all the terms and
provisions contained herein, including without limitation the exhibi ts hereto,
constitute the full and complete agreement between the parties hereto to the date
hereof and supersedes and controls over any prior agreements, understandings,
representations, correspondence, and statements whether written or oral.
27.2 This agreement may only be amended, supplemented, or modified by a formal
written amendment.
27.3 Any alterations, amendments, deletions, or waivers of the provisions of this
agreement shall be valid only when expressed in writing and duly signed by the
parties.
SECTION 28: NOTICES
28.1 Whenever either party desires to give notice unto the other, it must be given by
written notice, sent by email and/or registered United States mail, with return
receipt requested, addressed to the party for whom it is intended, at the place last
specified. The place for giving notice shall remain such until it shall have been
changed by written notice in compliance with the provisions of this Section.
28.2 For the present, the parties designate the following as the representative places
for giving of notice, to wit:
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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TO THE CITY:
City Manager Procurement Manager
City of Sebastian City of Sebastian
1225 Main Street 1225 Main Street
Sebastian, FL 32958 Sebastian, FL 32958
P: 772-388-8231
E: procurement@cityofsebastian.org
TO THE CONTRACTOR:
President
Estep Construction Inc
P.O. Box 929
Apopka, FL 32704
P: 407-410-1729
E: Jeff@estepconstruction.com
28.3 Written notice requirements of this agreement shall be strictly construed and such
requirements are a condition precedent to pursuing any rights or remedies
hereunder. The Contractor agrees not to claim any waiver by the City of such
notice requirements based upon the City having actual knowledge, implied, verbal
or constructive notice, lack of prejudice, or any other grounds as a substitute for
the failure of the Contractor to comply with the express written notice requirements
herein. Computer notification (e-mails and message boards) shall not constitute
proper written notice under the terms of the agreement.
SECTION 29: WAIVER
29.1 The failure of the City to insist in any instance upon the strict performance of any
provision of this agreement or to exercise any right or privilege granted to the City
hereunder shall not constitute or be construed as a waiver of any such provision
or right and the same shall continue in force.
SECTION 30: NO GENERAL CITY OBLIGATION
30.1 In no event shall any obligation of the City under this agreement be or constitute a
general obligation or indebtedness of the City, a pledge of the ad valorem taxing
power of the City, or a general obligation or indebtedness of the City within the
meaning of the Constitution of the State of Florida or any other applicable laws,
but shall be payable solely from legally available revenues and funds.
30.2 The Contractor shall not have the right to compel the exerci se of the ad valorem
taxing power of the City.
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SECTION 31: EXHIBITS
31.1 Each exhibit referred to and attached to this agreement is an essential part of this
agreement. The exhibits and any amendments or revisions thereto, even if not
physically attached hereto, shall be treated as if they are part of this agreement.
SECTION 32: SEVERABILITY/CONSTRUCTION
32.1 If any term, provision, or condition contained in this agreement shall, to any extent,
be held invalid or unenforceable, the remainder of this agreement, or the
application of such term, provision, or condition to persons or circumstances other
than those in respect of which it is invalid or unenforceable, shall not be affected
thereby, and each term, provision, and condition of this agreement shall be valid
and enforceable to the fullest extent permitted by law when consistent with equity
and the public interest.
32.2 All provisions of this agreement shall be read and applied in para materia with all
other provisions hereof.
SECTION 33: SURVIVAL
33.1 All express representations, waivers, indemnifications, and limitations of liability
included in this agreement shall survive completion or termination of the
agreement for any reason.
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IN WITNESS WHEREOF, the parties hereto have made and executed this
agreement on the respective dates under each signature: the City through its City Council
taking action on the ______, day of _________________, 2025 and the Contractor
signing by and through its duly authorized corporate officer having the complete authority
to execute same.
ATTEST: ESTEP CONSTRUCTION, INC.
By:
______________________________ ______________________________
Witness Jeff Estep, President
Date: ______________________
ATTEST: CITY OF SEBASTIAN, FL
By:
______________________________ ______________________________
Jeanette Williams, MMC Brian Benton, City Manager
City Clerk
Date: ______________________
For the use and reliance of the City of
Sebastian only. Approved as to form
and legal sufficiency.
_________________________________
Jennifer D. Cockcroft, Esq.
City Attorney
Document ID: 4836D030E484AF8C77E6993C91083093
ID: 13837A78-BBB5-4630-9942...
Digitally signed by
<jeff@estepconstruction.com>
October 01, 2025 08:10 AM EDT
10/01/2025
ID: F7BD37F9-5CE8-4BBE-B0B3...
Digitally signed by
<johnny@estepconstruction.co
m>
October 01, 2025 08:30 AM EDT
8th October
ID: CD2398A0-CD08-4986-A72...
Digitally signed by
<jcockcroft@cityofsebastian.org
>
October 09, 2025 09:44 AM EDT
ID: 7EAFC5DA-ADE0-4E32-AF09...
Digitally signed by
<bbenton@cityofsebastian.org>
October 09, 2025 09:55 AM EDT
10/09/2025
ID: 4F57899A-0B4B-4E75-806C-...
Digitally signed by
<jwilliams@cityofsebastian.org>
October 09, 2025 09:59 AM EDT
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Exhibit “A”
Scope of Services
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SECTION 2 – SCOPE OF WORK
2.1 INTRODUCTION
2.1.1 The awarded Contractor agrees to furnish all supervision, labor, materials,
supplies, equipment, machinery, transportation, and tools necessary to
perform ditch and swale grading services at various locations throughout
the City of Sebastian, on an as-needed basis. The City will not pay for the
rental or purchase of equipment required by the contractor, nor will it cover
mobilization fees of any kind.
2.1.2 Availability of Funds: The City's obligations under this solicitation are
subject to the availability of funds lawfully appropriated for its purpose by
the State of Florida and the City of Sebastian City Council.
2.1.3 Quantities: All quantities identified in this bid are estimates only and shall
not be interpreted as a guarantee or obligation by the City to procure
services in the stated amounts.
2.1.4 Material Disposal: The contractor is responsible for disposing of all excess
material from grading services provided under this bid. Mate rials shall be
disposed of off-site at the contractor's expense.
2.2 GRADING
2.2.1 The Project Manager or designee will determine the required benchmark
and elevations at the inlet of culvert pipes and mark them on the roadways
for reference.
2.2.2 The Contractor shall coordinate with the Project Manager or designee
regarding areas where the quarter round will remain after the project. No
quarter round will be reinstalled. It will only stay in places where it was intact,
and grading can be completed without removal or disturbance.
2.2.3 All sod must be removed from the edge of the road to the property line.
2.2.4 The Contractor shall limit excavation to a maximum of four (4) feet on each
side of the swale/flowline. A slope ratio of 3:1 shall be maintained wh ere
applicable. Any deviation from these parameters must receive prior written
approval from the Project Manager or designee and shall be approved on a
per-location basis.
2.2.5 Grading shall be completed to account for the height of sod that will be
placed for the final condition to allow positive drainage of stormwater runoff.
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2.2.6 As rain may wash away soil and fill that is graded before sodding, it is
recommended that the contractor only open up areas that are feasible to
sod within 72 hours. If graded swales are washed away during a rainstorm,
it is the contractor's responsibility to re-establish the proper grade and clean
any surrounding areas.
2.2.7 Irrigation:
A. Irrigation systems shall not be located within the public right -of-way.
B. If irrigation is encountered within the right-of-way, the Contractor shall
immediately notify the Project Manager or designated representative.
No grading shall proceed until written approval is provided.
C. If pressurized irrigation systems are damaged during grading, the
Contractor shall promptly cap the damaged pipe to prevent water loss
and further damage.
D. Underground utility lines may exist within the swales, housed in boring
sleeves. These utilities must be located prior to excavation using the 811
system. Lines should be installed at a minimum depth of three (3) feet
below grade. If located at a shallower depth, the Contractor shall notify
the Project Manager or designee, who may assist in coordinating
relocation to meet depth requirements.
2.2.8 Sod Installation
A. Upon completion of grading, all swale areas shall be re -sodded with the
same type of sod previously installed (Bahia or Floratam).
B. At the Contractor’s discretion, existing sod may be salvaged and reused,
provided it remains viable. Regardless of method, all sections of the
swale must be fully sodded to mitigate future erosion.
C. The Contractor shall ensure that newly installed sod is watered every
other day for a period of fourteen (14) consecutive days following
installation.
a. After the initial 14 days, the contractor shall ensure the sod is
watered every other day for 16 days with water supplied by the City
of Sebastian. This will ensure the sod has 30 consecutive days of
watering.
2.2.9 Private (Homeowner) Property
A. The Contractor shall not enter, utilize, or access privately owned
driveways under any circumstances, unless express written permission
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is provided by both the homeowner and the Project Manager or
designee.
B. All construction-related equipment, tools, and vehicles shall be staged
either at the road edge or within the swale area. At no point shall
equipment be placed on private property, including driveways, lawns, or
landscaped area.
2.3 INSPECTION/QUALITY ASSISTANCE
2.3.1 The Contractor must notify the requesting department upon completion of
the work to allow for timely inspections for compliance with the requirements
of this specification and as a condition of payment.
2.3.2 The Contractor must submit completion photos to the requesting
department.
2.4 MAINTENANCE OF TRAFFIC
2.4.1 The Contractor must provide Maintenance of Traffic (MOT) when work
occurs in the right-of-way. All MOT activities shall conform to the latest
edition of the Florida Department of Transportation (FDOT) Des ign
Standard 600. Signs and barricades must be posted according to FDOT
Manual of Safe Practices; reference FDOT Indexes 600 through 650 when
installing sod along roadways and medians.
2.5 PRICING
The pricing under this Bid shall remain firm throughout the initial term of this
agreement/contract. No pricing increases will be permitted during the initial term
unless approved by the City Council through a contract amendment.
2.6 UNSATISFACTORY EQUIPMENT AND/OR SERVICES
2.6.1 The City will discuss all instances of unacceptable equipment and/or
services with the awarded Contractor. The Contractor shall immediately
rectify the issue at no charge to the City, including all applicable labor and
materials.
2.6.2 During this time, the City may suspend service with the Contractor until the
problem(s) are corrected or may elect to use another company on an
emergency basis. A record of failure to perform or of an unsatisfactory
performance may result in supplier debarment.
2.7 MISCELLANEOUS NON-BID ITEMS
The City may negotiate with the Contractor(s) on Miscellaneous Non -Bid Items
necessary for the successful completion of the Project(s).
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2.8 CONTRACTOR MINIMUM QUALIFICATIONS
2.8.1 Must be registered with the State of Florida, Division of Corporations, to do
business in Florida.
2.8.2 Bidder must possess three (3) years of experience in providing
earthwork/grading services.
2.8.3 Contractor must have been in business under the same FEIN number for
the past three (3) years. Evidence should be submitted with the bid
submittal.
2.8.4 If the bidder’s business is located in Sebastian, FL, or Indian River County,
they must provide a copy of their business tax receipt.
2.8.5 Bidders that do not meet the minimum requirements listed herein as
determined by the City, at its sole discretion, will be deemed non-responsive
and not considered for award. All decisions made by the City are final.
2.8.6 No contract will be awarded to any proposer who, as determined by the
CITY, has an unsatisfactory performance record, inadequate experience,
lack of organization, labor, and equipment to perform the required services,
and is in arrears to the CITY on a debt or contract or is a defaulter on surety
to the CITY or whether the proposer’s taxes or assessments are delinquent.
The City has the right to disqualify any proposer who does not meet any or
all qualifications necessary as determined by the City.
2.9 INSURANCE
2.9.1 The City of Sebastian is to be specifically included as an additional insured
on all insurance certificates (except Worker's Compensation). Waiver of
Subrogation is required for Commercial General Liability and Automobile
Liability. A renewal certificate shall be issued thirty (30) days before said
expiration date. The certificate shall provide a thirty (30) day notification
clause in the event of cancellation or modification to the policy.
2.9.2 Before starting and until acceptance of the work by the City, Awa rded
Contractor shall, as a minimum mandatory condition precedent to this work,
procure and maintain insurance of the types and to the limits specified
below, at their own expense and without cost to the City, until final
acceptance by the City of all products or services covered by the purchase
order or contract.
2.9.3 The certificate holder shall read:
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City Of Sebastian
1225 Main Street
Sebastian, FL 32958
2.9.4 Minimum coverage with limits and provisions are as follows:
A. Commercial General Liability: The contractor shall provide Commercial
General Liability insurance. This shall include premises/operations,
personal & advertising injury, products, completed operations,
contractual liability, specifically confirming and ensuring the
indemnification and hold harmless clause of the contract. This insurance
policy shall be considered primary to and not contributing to any
insurance the City maintains. It shall name the City as an additional
insured with a waiver of subrogation noted on the Certificate of Liability.
The policy of insurance shall be written on an “occurrence” form.
The contractor shall obtain insurance which shall at least meet the
following minimum limits:
a) Per Occurrence: $1,000,000
• General Aggregate: $2,000,000
B. Business Automobile: The contractor shall provide Business Coverage
Automobile Insurance, which shall protect the contractor from claims for
damage for personal injury, bodily injury including accidental death, as
well as claims for property damages which may arise from operations
under this contract whether such operations are by himself or by anyone
directly or indirectly employed by him. Coverage shall include owned,
non-owned, hired and rented vehicles.
The contractor shall obtain insurance which shall at least meet the
following minimum limits:
a) Bodily Injury and Property Damage:
• Combined Single Limit (each Accident): $1,000,000.00
C. Workers' Compensation: The contractor shall provide and maintain
workers’ compensation insurance for all employees in the full amount
required by statute and full compliance with the applicable laws of the
State of Florida (Florida Statutes Chapter 440). Exemption certificates
to this requirement are not acceptable.
The Contractor shall obtain insurance that shall at least meet the
following minimum limits:
a) State Worker’s Compensation: Statutory
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b) Employer’s Liability: $1,000,000.00 Each Accident
$1,000,000.00 Disease, Policy Limit
$1,000,000.00 Disease, Each Employee
D. Umbrella/ Excess Liability: The contractor shall provide
umbrella/excess coverage with limits of no less than $1,000,000
excess of Commercial General Liability, Automobile Liability and
Employers Liability. *This coverage is optional if the contractor has
$2,000,000 General Aggregate under the Commercial General
Liability Policy. **
2.9.5 An endorsement to the Commercial General Liability or Automobile Liability
policy, covering Contractor’s or subcontractor’s liability for bodily injury,
property damage and environmenta l damage resulting from sudden
accidental and gradual pollution and related clean -up cost incurred by the
Contractor that arise from the Goods delivered or Services (including
transportation risk) performed by Contractor under this Contract is also
acceptable.
2.9.6 The Contractor shall declare any self-insured retention or deductible
amount over $5,000 for any policy. The City reserves the right to reject any
self-insured retention or deductible over $5,000.
2.9.7 All insurance carriers shall be rated (A) or better by th e most recently
published A.M. Best Rating Guide. Unless otherwise specified, the
contractor shall ensure that all subcontractors comply with the insurance
requirements set forth in this Agreement. The City may request a copy of
the insurance policy according to the nature of the project. The city reserves
the right to accept or reject the insurance carrier.
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25-10-ITB, Citywide Ditch and Swale Grading Page 23 of 24
Exhibit “B”
Price Proposal
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25-10-ITB, Citywide Ditch and Swale Grading Page 24 of 24
Exhibit “C”
Contractor Submittal
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