HomeMy WebLinkAbout2001 Murray Logan - Dam ReplacementCiT-¥ OF SEBASTIAN CERTIFICATE OF COMPLETION
Pursuant to tim above captioned contract and in compliance of same, we the Undersigned do hereby
certify that this project is complete.
· Issuance of this c,e~ificate releases the contractor fi.om any further responsibility except as stipulate~l
in the contract as it relates to bond performance, paym~.¢t of subcontrantgrs, maintenance, and
indemnity. All contractual obligations as to warranty, imurance, indemnification and patents, shall
remain in full effect for the contractually stipulated period of time. In no way does the issuing of ~
certiScate release the Contractor from all legal obligations as stipulated in Chapter 713 of the ~orida
Statutes.
Therefore, having reviewed the contact and inspected the work the undersigned do hereby accept
the work.
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATFER OF INFORMATION ONLY AND
CONFERS NO BIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
~.CORDIA-WPB DIVISION POLICIES BELOW.
501 S. FLAGLER DR. #600 COMPANIES AFFORDING COVERAGE
~EST PALM BEACH FL 33401
PHN (561) 655-5500 COMPANY A CNA
LETTER
COMPANY B TRAVELERS
INSURED LETTER
YlURRAY LOGAN COMPANY C
CONSTRUCTION, INC. LETTER
313 65TH TRAIL NORTH COMPANY
D
NEST PALM BEACH, FL 33413 LETTER
COMPANY E
LETTER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN iSSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NO]%NIrHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFIC~I~E MAY BE ISSUED OR MAY PERTAIN. THE iNSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUB4ECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIM~FS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
gO POLICY EFFEDTi%~E POLICY E~IRATIOh
TR DATE (MM/DD/YY DATE (MM/DD/YY)
E.E.ALL.AS,L, DTCO836G6808TIA 05/01/02 05/01/03 SENE.ALAGDREDATE 5'
X
~LAIM S MA D EF--~--]OCOUR, PERSONAL & ADV. ,NJ URIg~'~. $
I~ o~ oo(
OWNEI~'S & CONTRACTOR'S PROT EACH OCCURRENCE $ ~['~ __
BLKT WAIVER SUB MED'EXP'(Anyonepers°rg.-- $ 4--3CO ~.',· , 00(
~ AUTOMOBILE LIABILITY DT810836G681A 05/01/02 )5/01/03 COMBINEDSINGLE Cf2 F---
X ANYAUTO LIMIT f_~ ~, {~}0 , 00(
3 EXCESSUAB,L,TY DTSMCUP836G6845 05/01/02 ]5/01/03 EACHOCCURRENCE 5,000,000
I o~, E R TH AN U ~ ~ ~ELLA EDP ~
%* WORKER'SCOMPENSAT,ON WC211509426 09/01/01 ;)9/01/02 [ STATUTORY UMITS
- AND EAC~rACCmENT I, 000
EMPLOYERS' LIABILITY DISEASE
D,SEASE-EACH EMPLOYEE 1, 00
3 OTHEfl~ONTR EQUP/DED BINDER55035 05/01/02 35/01/03 $2,181,821/$5,000
RENTED EUIP/DEE $500,000/$5,000
INSTALL, FLOATEiq $500,000/$1,000 DE
ACV VALUATION
2ITY OF SEBASTIAN AS ADDITIONAL INSURED
~.E: STONE CROP DDjv[ REPLACEMENT/CITY OF SEBASTIAN
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
SEBASTIAN 0 DAYSWR ENNOT E,OTHECERT,F,CATEHOLDERRAMEDTOTHE
LEFT, BUT FAILURE lO MAIL SUCH NO/ICE SHALL IMPOSE NO OBLIGATION OR
1225
SEBASTIAN FL 32958 ~-~';
PRODUCER THIS CERTIFICATE IS ISSUED AS A MAi i r_R OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
%.CORD I.A- WPE DIVISION POMCIES BELOW.
~01 S. FLAGLER DR. #600 COMPANIES AFFORDING COVERAGE
VEST PALM BEACH FL 33401
COMPANY A CNA INSURANCE CO.
COMPANY B TRAVELERS
4URRAY LOGAN . . COMPANY C
~ONSTRUCTION, INC · LETTER
313 65TH TRAIL NORTH COMPANYo
qEST PALM BEACH, FL 33413 LETTER
~HDI~T~O CERTIFY THAT ~-IE POLICIES OF $%ISURANCE USTED BELOW HAVE SEEN ~UED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
C E RT i F ~:~EAD.~.EN i(~ ATWyy [TH STA N DIN G ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
EXCLUSlO Y BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUB,JECT TO ALL THE TERMS,
NS AND CONDITIONS OF SUCH POESIES. !.1,1 ITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS.
~ 13ENERAL LIABILITY DT88C0836G6808T )5/01/01 05/01/02 :IENERALAGE~REGATE 2 , 000, OOC
::::i:½_j~LAIMSMADE~OCCUR. :'ERSONAL&ADV. tNJURY 1,000,00¢
IOWNER'SOWNER'S & CONTRACTOR'S PRO'T ---ACH OCCURRENCE 1
[ .BLANKET ADDL :,REDAMAOE(Ai~yonefire) $ 300,00f
INSD INCL VlEO.EXP.(Anyoneperson) $ 5 , 00r
B AUTOMOmU~U^8~UTT DT88810836G681A ]5/01/01 05/01/02 =OME,NECS~NaLE
~ ANYAUTO _~MIT $ 1, 000, 00£
$
B EXOE~LIASlLITY DTSRCUP836G6845 35/01/01 05/01/02 ~^CHOCCURRENCE $ 5, 000, 00[
X lUMERELL^EORM ~a~REeATE $ 5, 000 00(
A WO"~E~'S OO~P~SATmN WC211509426 09/01/00 )9/01/01
^~D -- EACH ^CO,CENT $ 500, 00(
EMPLO~R~ LIASlLITY CISEASE~POLICYLIMIT $ 500, 00(
D~EEASE-EACH EMPLO*EE$ 500, 0
~ OT"~ONTR EQUIP/ACV QT660272D6685T 05/01/01 )5/01/02 $1,866,197
LEASED EQUIP. $500,000
INSTALL FLOATER $300,000/JOB
$1,000 DEDUC. $500,000 MAX/CCC
~E: ELKCAM DAM WATERWAY CONTROL STRUCTURE. CERTIFICATE HOLDER AS ADDITIONAL
INSURED FOR ~ENERAL LIABILITY AS RESPECTS WORK PERFORMED UI~DER REFERENCED
?ROJECT.
~:~ SHOULD ANY OF THE ABOve DE~CRIEED POUCIES ~E ~AN6~L~D ~6RE ~E
;i: EXP~qATICN DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
CITY OF SEBASTIAN ::~; MAIL ~0 DAYS WRrF~EN NOTICE TO THE C~RTIFICATE HOLDER NAMED TO THE
PROCUREMENT & CONTRACT !;;:i LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBL~ATICN OR
ADMINISTRATION ::
:: L~%BILffY OF ANY ~ND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
1225 MAIN STREET i: ~ ,, ~ ~
SEBASTIAN FL 32958 :: ~ ?~'~r'~ ~,~ ~ ~-~%,'%;?~f~
CONSTRUCTION SERVICES AGREEMENT
CITY OF SEBASTIAN, a municipm corporation of the State o orioa, ain Stree,
Sebastian, Florida, 32958, ("City") and ~,,g.t~ L.~,,~ C.~u~t~T~o~t&.~. aFlorida
corporation authorized to do business in the State of Florida, '$13 6,~TM Tt~: ~
kl,,-~, ~d,.d ~J~, ~¢~&. (:;L '~,~ ("Contractor.")
W~REAS, 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 United States Environmental Protection Agency is funding 57.9% of the
Project through a $530,000 grant being administered by the State of Florida Department of
Environmental Protection; and
WI:I¥~REAS, the Contractor represents that it has such competence and experience in
providing these services; and
Wl:IEREAS, the City in reliance on such representation has selected the Contractor in
accordance with its procedure for selection of Contractor; and
wme. REAS, the City and the Contractor desire to reduce to writing their understanding
and agreements on such professional services.
IT IS, TItEREFORE, AGREED as follows:
ARTICLE I - The Contractual Relationship
1.0 EMPLOYMENT OF CONTRACTOR
The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to
perform professional services for the City in accordance with this Agreement. 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 AGREE1VEENT DOCUMENTS
The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement~
Supplemental Agreement(s), Notice of Invitation to Bid, Instructions for Bidders, Bid Proposal,
Bond Forms, Plans and Technical Specifications, Work Orders, Change Orders, Addenda if any,
any other documents listed in the Agreement Documents, and written modifications issued after
execution of this Agreement, if any.
The Specifications are an integrated part of the Contract Documents and as such will not stand
alone if used independently. The Specifications establish minimum standards of quality for this
Project. They do not purport to cover all details entering into the design and construction of
materials or equipment. The intent of the Agreement Documents is to set forth requirements of
performance, type of equipment and structures, and standards of materials and construction. It is
also intended to include all labor and materials, equipment, and transportation necessary for the
proper execution of the Work, to require new material and equipment unless otherwise indicated,
and to require complete performance of the Work in spite of omission of specific reference to any
minor component part and to include all items necessary for the proper execution and completion
of the Work by the Contractor. Performance by the Contractor shall be required only to the extent
consistent with the Agreement Documents and reasonably inferable fi.om them as being necessary
to produce the intended results.
2.2 ENTIRE AND SOLE AGREEMENT
Except as specifically stated herein, the Agreement Documents constitute the entire agreement
between the parties and supersede all other agreements, representations, warranties, statements,
promises, and understandings not specifically set forth in the Agreement Documents. Neither
party has in any way relied, nor shall in any way rely, upon any oral or written agreements,
representations, warranties, statements, promises or understandings not specifically set forth in the
Agreement Documents.
2.3 AMENDMENTS
The parties may modify this Agreement at any time by written agreement. Neither the Agreement
Documents nor any term thereof may be changed, waived, discharged or terminated orally, except
by an instrument in writing signed by the party against which enforcement of the change, waiver,
discharge or termination is sought.
2.4 CONSTRUING TERMS
This Agreement shall not be construed against the party who dratted 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 JLrRy
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.
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.
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 prat of the
Contract Documents.
3.4 AGREEMENT
A written agreement between the Contractor and Owner defining in detail the work to be
performed. The words Agreement and Contract, are one and the same.
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 ora specification or test as set out or given by the American Society for Testing
Materials, it shall be understood to mean the current, up-to-date standard specification or
tentative specification for that particular process, material or test as currently published by that
group.
3.6 BID
The bid or proposal is the written offer of a Bidder to perform work described by the contract
documents when made out and submitted on the prescribed proposal form properly sealed and
guaranteed. The bid or proposal shall be considered as part of the Contract Documents.
3.7 BID BOND or PROPOSAL GUARANTEE:
Bidder shall submit a Bid Bond or Proposal Guarantee in the amount of 5% of the Base Bid, in
the form of a Cashier's Check, Unconditional Irrevocable Letter of Credit drawn in favor of the
City of Sebastian on a National Bank, or a bond from a surety company duly licensed in the State
of Florida.
3.8 BIDDER
An individual, partnership, or corporation submitting a proposal for the work contemplated;
acting directly or through a duly authorized representative.
3.9 CHANGE ORDER
A written order issued to the Contractor by the City and coveting 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 CONTRACTOR
The word "Contractor" shall mean an individual, partnership, or corporation, and his, their or its
heirs, executors, administrators, successors and assigns, or the lawful agent of any such individual,
firm, partnership, covenant or corporation, or his, their or its surety under any contract bond,
consfitufmg one of the principals to the Contract and undertaking to perform the work herein.
3.12 DII>,ECTED, ORDERED, APPROVED & ETC.
Wherever in the Agreement Document the words "directed", "ordered", "approved", "permitted",
"acceptable", or words of similar import are used, it shall be understood that the direction, order,
approval or acceptance of the Owner is intended unless otherwise stated.
3.13 ENGINEER
A Professional Engineer duly licensed and registered in the State o£Florida and designated by the
City as Engineer. The City may designate a staffmember as Engineer who is not licensed.
4
3.14 GENERAL CONDITIONS
The directions, provisions and requirements contained within the Agreement Documents, all
describing the general manner of performing the Work including detailed technical requirements
relative to labor, material equipment, and methods by which the Work is to be performed and
prescribing the relationship between the City and the Contractor.
3.15 INSPECTOR
A duly authorized representative of the City assigned to make official inspections of the materials
furnished and of the work performed by the Contractor.
3.16 LABORATORY
Any licensed and qualified laboratory designated by or acceptable to the Owner to perform
necessary testing of materials.
3.17 OWNER
City of Sebastian
3.18 PERFORMANCE AND PAYMENT BONDS
Contractor shall submit bonds in the form prescribed by State Law, and generally as shown on
sample forms herein, for Performance and Payment, each in the amount of 100% of the Contract
Amount.
3.i9 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.
3.20 PROPOSAL
The proposal or bid is the written offer of a Bidder to perform the work described by the Contract
Documents when made out and submitted on the prescribed proposal form, properly signed and
guaranteed. The proposal or bid shall be considered as part of the contract documents.
3.21 SPECIAL CONDITIONS
Special clauses or provisions, supplemental to the Plans, Standard Specifications and other
contract documents, setting forth conditions varying from or additional to the Standard
Specifications for a specific project.
3.22 SPECIFICATIONS
The directions, provisions, and requirements together with all written agreements made or to be
made, setting forth or relating to the method and manner of performing the Work or to the
quantities and qualities of materials, labor and equipment to be furnished under the Agreement.
3.23 SUBCONTRACTOR
An individual, partnership or corporation supplying labor, equipment or materials under a direct
contract with the contractor for work on the project site. Included is the one who supplies
materials fabricated or formulated to a special design according to the plans and specifications for
the particular project.
3.24 SUPPLEMENTAL AGREEMENT
A written understanding, or proposal and acceptance, executed between the 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 thereo£ A modification to the Agreement shall be made by Contract Addendum.
3.25 SURETY
Surety is a corporation qualified to act as surety under the laws of Florida, who executes the
Contractor's Performance and Payment Bonds and is bound with the Contractor for the
acceptable performance of the contracted work and for the payment of all debts pertaining
thereto.
3.26 WORK, (The) or PROJECT, (The)
The public improvement contemplated in the Plans and Specifications, and all actions necessary to
construct the same.
3.27 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, SPECD?ICATIONS 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 other, vise. 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.
4.2 CONFLICT
In the event &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
addkional work shall be made under the Paragraph 10.7 CHANGES IN THE WORK below,
except where the additional work may be classed under some item of work for which a unit price
is included in the proposal.
The fact that specific mention of any part of work is omitted in the Specifications, whether
intentionally or otherwise, 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 SPECIIelCATIONS 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 all
changes made during the construction process, and shall be available to the Engineer and City at
all times. A final copy thereof, along with "as-built" record drawings, operations and maintenance
manuals, and data sheets, shall be delivered to the Engineer upon the completion of the Work.
4.5 DIMENSIONS
Dimensions shown on the Plans will be used. Where the work of the Contractor is affected by
finished dimensions, these shall be verified by the Contractor at site, and he shall assume the
responsibility for their use.
4.6 SAMPLING AND TESTING
Except as otherwise provided, sampling and testing of all materials, and the laboratory methods
and testing equipment, required under the Specifications shall be in accordance with the latest
standards or tenets of the American Society for Testing Materials.
The testing of samples and materials shall be made at the expense of the Contractor, except where
indicated otherwise. The Contractor shall furnish any required samples without charge. The
Contractor shall be given sufficient notification of the placing of orders for materials to perm/t
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.
All parties involved with sampling and analysis activities shall comply with the Quality Assurance
Plan requirements set forth in Section I. C. of DEP Contract No. WM708 between the Florida
Department of Environmental Protection and City of Sebastian, which is hereby incorporated by
reference.
4.7 SHOP DRAWINGS
The Contractor shall provide shop drawings, setting schedules and other drawings as may be
necessary for the prosecution of the Work in the shop and in the field as required by the Plans and
Specifications or Engineer's instructions. Deviations from the Plans and Specifications shall be
called to the attention of the City at the time of the first submission of shop drawings and other
drawings. The City's approval of any shop drawings shall not release the Contractor from
responsibility for errors, corrections of details, or conformance with the Contract. Shop drawings
shall be submitted according to the following schedule:
(a) Seven (7) copies shall be submitted to the City at least thirty (30) days before the
materials indicated thereon are to be needed or earlier if required to prevent delay of work or to
comply with subparagraph (b).
(b) The City shall, within fourteen (14) days of the submittal of any shop drawings,
return three (3) copies to the Contractor marked with any corrections and changes required and
noting if the drawings are acceptable as noted, or if resubmittal is required.
(c) The Contractor shall then correct the shop drawings to conform to the corrections
and changes requested by the City and resubmit six (6) copies to the City.
(d)
by the City.
Three (3) copies of Approved Shop Drawings shall be returned to the Contractor
4.8 QUALITY OF EQUI?MENT AND MATERIALS
In order to establish standards of quality, the Specifications may refer to certain products by name
and catalog number. This procedure is not to be construed as eliminating from competition other
products of equal or better quality by other manufacturers where fully suitable in design.
The Contractor shall furnish to the City a complete list of his proposed desired substitutions prior
to the signing of the Contract, together with such engineering and catalog data as the City may
require. Further substitutions may be submitted during the course of work in accordance with
Paragraph 4.10 SUBSTITUTION OF EQUIPMENTAND/OR MATERIAL below.
The Contractor shall abide by the City's judgment when proposed substitution of materials or
items or equipment are judged to be unacceptable and shall furnish the specified material or item
of equipment in such case. All proposals for substitutions shall be submitted to the City in writing
by the Contractor and not by individual trades or material suppliers. The City will advise of
approval or disapproval of proposed substitutions in writing within a reasonable time. No
substitute materials shall be used unless approved by City in writing.
4.9 EQUIPMENT APPROVAL DATA
The Contractor shall furnish one (1) copy of complete catalog data for every manufactured item
of equipment and all components to be used in the Work, including specific performance data,
material description, rating, capacity, material gauge or thickness, brand name, catalog number
and general type.
This submission shall be compiled by the Contractor and submitted to the City for review and
written approval before any of the equipment is ordered.
Each data sheet or catalog in the 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.
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.
4.10 SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL
After the execution of the Contract Agreement, the substitution of equipment and/or material for
that specified will be considered if:
10
(a) The equipment and/or materials proposed for substitution is determined by the City
to be equal or superior to that specified in the Contract;
(b) Unless determined to be of superior quality, the equipment and/or material
proposed for substitution is less expensive than that specified and that such savings to the City, as
proposed by the Contractor, are submitted with the request for substitution. If the substitution is
approved, the Contract price shall be reduced accordingly; and
(c) The equipment and/or material proposed for substitution is readily available and its
delivery and use, if approved as a substitution, will not delay the scheduled start and completion
of the specified work for which it is intended or the scheduled completion of the entire work to be
completed under the contract.
No request will be considered unless submitted in writing to the City and approval by the City
must also be in writing. To receive consideration, requests for substitutions must be accompanied
by documentary proof of the actual difference in cost to the Contractor in the form of quotations
to the contractor covering the original equipment and/or material, and also equipment and/or
material proposed for substitution or other proof satisfactory to the City. It is the intention that
the City shall receive the full benefit of the saving in cost involved in any substitution unless the
item is substituted for one designated in the Specifications by specific manufacturer's name and
type, in which case one-third of the savings shall accrue to the benefit of the Contractor.
In all cases, the burden of proving adequate proof that the equipment and/or material offered for
substitution is equal or superior in construction and/or efficiency to that named in the Contract
shall rest on the Contractor and the proof will be submitted to the City. Request for substitution
of equipment and/or material which the Contractor cannot prove to the satisfaction of the City, at
its sole discretion and judgment, to be equal or superior in construction and/or efficiency to that
named in the Contract will not be approved.
5.0 MATERIALS AND WORKMANSItlP
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 MATEKIA&S
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 MATERIAL
Any materials, equipment or work which do not satisfactorily meet the Specifications may be
condemned by the Engineer or City by giving a written notice to the Contractor. All condemned
materials, equipment or work shall be promptly taken out and replaced.
All materials and equipment which do not conform to the requirements of the Contract
Documents, are not equal to samples approved by the Engineer and City, or are in any way
unsatisfacto~ 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 a_,ffer written
notice is given by the City, and the work shall be re-executed by the Contractor. The fact that the
Engineer or the City may have previously overlooked such defective work shall not constitute an
acceptance of any part of it. Should the Contractor fail to remove rejected work or materials
within ten (10) days after written notice to do so, the City may remove them and may store the
materials and equipment. Satisfaction of warranty work after final payment shall be in accordance
with Paragraph 10.15.
5.4 MANUFACTURER'S DIRECTION
Manufactured articles, materials and equipment shall be applied, installed, connected, erected,
used, cleaned, and condkioned as directed by the manufacturer unless herein specified to the
contrary.
5.5 SKILL AND CHARACTER OF WORKMEN
All workmen must have sufficient knowledge, skill and experience to perform properly the work
assigned to them. Any foreman or workman employed by the Contractor or subcontractors who,
in the opinion of the Engineer or the City does not perform his work in a skillful manner, or
appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written
request of the City, be discharged immediately and shall not be employed again in any portion of
the Work without the approval of the City.
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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 CUTTING AND PATCHING
The Contractor shall do all necessary cutting and patching of the Work that may be required to
properly receive the work of the various trades or as required by the Plans and Specifications to
complete the Work. He shall restore ali such cut or patched work as directed by the Engineer or
the City. Cutting of existing structures that could endanger the Work, adjacent property,
workmen or the public shall not be done unless approved by the Engineer and under his
surveillance.
5.7 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 the Work, he shall remove all his
rubbish, tools, scaffolding and surplus materials and shall leave his work "broom clean" or its
equivalent, unless more exactly specified, and shall insure that all debris and other unsightly
objects are removed and disposed of in a satisfactory manner. At no additional expense to the
City, the Contractor will restore to their original conditions or better, as nearly as practicable,
those portions of the site not designated for alteration and all such property, structure, utilities,
landscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment will
be withheld until such clean up and repairs are completed
The Work will be considered complete only after all debris and unused material due to or
connected with the Work have been removed and the surrounding area lef~ in a condition
satisfactory to the City. In the event the City finds that the Contractor has not complied in
keeping the job site clean, the City may, after twenty-four (24) hours written notice to the
Contractor to correct the situation, elect to have the job site cleaned by an independent labor
force. The cost of cleaning by said independent labor force shall be deducted from moneys due
the Contractor.
5.8 CITY'S OWNERSHIP OF MATERIALS
Any and all materials, whether structural or natural, found within the limits of the project remain
the property of the City unless City ownership is specifically conveyed to the Contractor.
All material, equipment and work become the sole property of the City as installed. These
provisions shall not be construed as relieving the Contractor from the sole responsibility for all
materials and work for which payments have been made, for the restoration of damaged work, or
as a waiver of right of the City to require the fulfillment of all the terms of the Contract.
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5.9 GUARANTEE
The Contractor shall warrant all equipment furnished and work performed 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 10.15.
All equipment and material warranties or guarantees shall be drawn in favor of the City and the
originals thereof fumished to the Engineer for review and acceptance prior to final payment.
Such guarantee shall in no way limit or relieve the Contractor of Liability from subsequent claims
of beach of contract due to substandard materials or workmanship, nor shall such warranty period
shorten the statute of limitations for bringing a breach of contract or other action based upon any
such deficiencies.
6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR
6.1 PERSONNEL, EQUIPMENT AND RECORD REQUIREMENTS
Adequate field notes and records shall be available for review by the City and Engineer as the
Work progresses and copies shall be available if necessary. Any inspection or checking of the
Contractor's field notes or layout work by the City and the acceptance of all or any part thereof,
shall not relieve the Contractor of his responsibility to achieve the lines, grades and dimensions
shown in the Plans and Spec'dications.
Prior to final acceptance of the project, the Comractor shall mark in a permanent manner on the
surface of the completed Work all control points shown on the Plans.
6.2 CONTROL PO1NTS FURNISHED BY THE CITY
The City will provide boundary or other control points and bench marks as shown on the Plans as
"Contractor's Survey Control Point", if any is provided. The Contractor shall be responsible for
all survey control of his work during construction. The Contractor shall preserve all reference
points and benchmarks furnished by the City.
6.3 FURNISHING OF STAKE MATERIALS
The Contractor shall furnish all stakes, templates and other materials necessary for establishing
and maintaining the lines and grades necessary for control and construction of the Work.
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6.4 LAYOUT OF WORK
Utiliz'mg the control points furnished by the City in accordance with Paragraph 6.2, the
Contractor shall estabhsh all horizontal and vertical controls necessary to construct the Work in
conformance with the Plans and Specifications. The Work shall include performing all
calculations required and setting all stakes needed such as grade stakes, offset stakes, reference
point stakes, slope stakes, and other reference marks or points necessary to provide lines and
grades for construction of all roadway, bridge and miscellaneous items.
Survey notes indicating the information and measurements used in establishing locations and
grades shall be kept in notebooks and furnished to the Engineer with the record drawings for the
Project.
6.5 SPECIFIC STAKING REQUIREMENTS
Stakes to establish lines and grades shall be set at appropriate intervals to assure that the Project is
constructed to meet the lines and grades shown on the Plans.
For bridge construction stakes and other control, references shall be set at sufficiently frequent
intervals to assure that all components of a structure are constructed in accordance with the lines
and grades shown in the Plans.
6.6 PAYMENT
The cost of performing layout work as described above shall be included in the contract unit
prices for the various items of work to which it is incidental.
6.7 COORDINATION WITH CITY
The City's recorded subdivision plats shall be considered correct. The distance, beating and curve
information provided shall be used by the Contractor's surveyor to establish alignment throughout
construction. All surveying activities will be coordinated with the City's surveyor as needed for
proper completion of all work on the site.
Primary control monuments, originally set by the City, that are disturbed or destroyed during
construction shall be accurately replaced by the Contractors surveyor to the satisfaction of the
City's surveyor.
6.8 LOCATION OF EXISTING UTILITIES AND PIPING
All existing underground utilities, such as telephone, cable television and electrical cables must be
located by the Contractor prior to starting work. The Contractor shall contact the Utilities at
least 48 hours prior to commencing any work within the project area. There may be other uftlities
within the project area.
The cost of substantiating the location of utilities shall be borne by the Contractor and included in
the bid price. The Contractor shall be responsible for the repair and/or replacement of utilities
which he damages during the course of construction.
Utilities deemed to require relocation shall be identified by the Contractor prior to commencing
work. The Contractor shall notice the City of the conflict and seek direction from the City prior
to proceeding with work. Directions from the City may be to proceed despite conflict, place
work order on hold and commence work at a different location, or relocate utilities under separate
contract with the utility or a change order to be directed by the City.
7.0 PROGRESS AND COMPLETION OF WORK
7.1 CONTRACTOR' S OBLIGATION
Contractor shall supervise and direct the Work, using Contractors 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 othenvise provided in the Contract Documents, Contractor shall provide and pay for labor,
materials, equipment, tools, construction equipment and machinery, water, heat, utilities,
transportation, and other facilities and services necessary for the proper execution and completion
of the Work, whether temporary or permanent and whether or not incorporated or to be
incorporated in the Work.
Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and
other similar taxes.
Contractor shall enforce strict discipline and good order among Contractor's employees and other
persons carrying out the Work. Contractor shall not permit employment &unfit persons or
persons not skilled in tasks assigned to them.
Contractor currently holds and shall maintain at all times during the term of this Contract all
required federal, state and local licenses necessary to perform the Work required under the
Contract Documents.
Contractor shall be responsible to the City for the acts and omissions of Contractor's employees,
Subcontractors and their agents and employees, and other persons performing portions of the
Work under a contract with Contractor.
Contractor shall indemnify, defend and hold City harmless from all claims arising out of or related
to its performance of the Work except for acts arising solely from the active negligence of the
City.
7.2 START OF CONSTRUCTION
The Contractor shall commence work on the date specified in the Notice to Proceed subsequently
issued by the City, or as specifically noted in any Contract Addendum. However, in no case shall
the Contractor commence work until the City has been furnished and acknowledges receipt of the
Contractors Certificates of Insurance and a properly executed performance and payment bond as
required.
7.3 CONTRACT TIIVIE
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.
7.4 SCHEDULE OF COMPLETION
The Contractor's schedules are subject to the approval of the City, which shall not be
unreasonably withheld, and shall reflect a logical sequence of the various components of work and
the anticipated rates of production necessary to complete the Work on or before the completion
date. Said schedules shall be submitted within ten (10) days of the execution of the agreement by
the City except when requested otherwise and shall be updated and resubmitted to the City on the
twenty-fifth (25th) day of every month with the Contractor's pay request.
7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE
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.
7.6 PROPERTY OF OTHERS
A. Public Ownership
The Contractor shall be responsible for the preservation of all public property, trees, monuments,
etc., along and adjacent to the street and/or right-of-way, and shall use every precaution necessary
to prevent damage or injury thereto. He shall use suitable precautions to prevent damage to pipes,
conduits and other underground structures, and shall protect carefully from disturbance or
damage all monuments and property marks until a land surveyor has witnessed or otherwise
referenced their location and shall not remove them until so directed by the Engineer in writing.
The City shall remove and relocate all traffic control signs as required.
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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 propen'y are required
for construction, the City and Contractor shall cooperate to obtain Temporary Construction
Easements from the landowner.
7.7 PROTECTION OF EXISTING UTILITIES AND FACILITIES
All utilities and all structures of any nature, whether below or above ground, that may be affected
by the Work but are not required to be disturbed or relocated by the very nature of the project,
shall be protected and maintained by the Contractor and shall not be disturbed or damaged by 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.
7.8 CROSSING PUBLIC FACILITIES
When new construction crosses highways, railroads, streets or similar public facilities under the
jurisdiction of state, county, city, or other public agency or private entity, the City through the
Engineer shall secure written permission prior to the commencement of construction of such
crossing. The Contractor will be required to furnish evidence of compliance with conditions of the
permit from the proper authority before final acceptance of the Work by City. Road closures are
governed by Paragraph 8.3 below.
7.9 CHANGES IN THE WORK
The City may order changes in the Work through additions, deletions or modifications without
invalidating the Contract; however, any change in the scope of work or substitution of materials
shall require the written approval of the City. Compensation and time of completion affected by
the change shall be adjusted at the time of ordering such change. New and unforeseen items of
work found to be necessary and which cannot be covered by any item or combination of items for
which there is a contract price shall be classed as changes in the Work. The Contractor shall do
such changes in the Work and furnish such materials, labor and equipment as may be required for
the proper completion of construction of the work contemplated. In the absence of such written
order, no claim for changes in the Work shall be considered. Changes in the Work shall be
performed ia accordance with the Specifications where applicable and work not covered by the
specifications or special provisions shall be done ia accordance with spec'flScafions issued for this
purpose. Changes ia the Work required ia an emergency to protect life and property shall be
performed by the Contractor as required.
7.10 EXTENSION OF CONTRACT TIME
No extension of time shall be valid unless given in writing by the City. No monetary compensation
shall be given for such delay.
A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the
Contractor to an extension of time ia 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.
"Rffm 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. "Ram day" requests must be submitted at the end of
each work week or be waived, and the cumulative "rain day" extensions granted shall be
processed as a Change Order with each pay submittal.
In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractor shall be
granted an extension of time to complete the Work for as many calendar days as the Work was
suspended; except, however, that the Contractor will not be granted an extension of time to
complete the Work if the suspension was caused by a fault of the Contractor.
7.11 CORRECTION OF WORK
Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements
of the Contract Documents, whether observed before or after completion of the Work and
whether or not fabricated, installed or completed, and shall correct any Work found to be not in
accordance with the requirements of the Contract Documents within a period of one (1) year from
the date of completion of the Work or by the terms of an applicable special warranty required by
the Contract Documents. The provisions of this Paragraph apply to the Work done by
Subcontractors as well as to the Work done by direct employees of Contractor.
Nothing contained ia this Paragraph shall be construed to establish a period of limitation with
respect to other obligations which Contractor might have under the Contract Documents.
Establishment of the time period of one (1) year as described in Subparagraph 7.11 (a) above
relates only to the specific obligation of Contractor to correct the Work, and has no effect on the
time within which the obligations of the Contract Documents may be enforced, nor to the fane
within which proceedings may be commenced to establish Contractor's liability with respect to
Contractor's remaining contractual obligations.
7.12 LIQUIDATED DAMAGES
In the event Contractor violates or fails to perform any provision of the Contract Documents, then
the City may elect to receive, and Contractor agrees to pay, liquidated damages in the amount of
two hundred fifty dollars ($250) 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, llquidated damages may be imposed by the City on the Contractor and will
be withheld from payment.
It is expressly acknowledged by Contractor that said payment shall not be interpreted nor
construed as a penalty but is in fact a good faith attempt to fix damages which the City will suffer
in the event Contractor fails to perform as required hereunder or violates any provision of the
Contract Documents.
8.0 PUBLIC HEALTH AND SAFETY
8.1 PROTECTION OF PERSONS AND PROPERTY
The Contractor shall submit, for the City's approval, a project safety and security plan which
describes the Contractor's plans and procedures to protect the safety and property of property
owners, residents, and passers-by. The plan shall describe measures and precautions to be taken
during working hours and non-working hours.
A. Safety Precautions and Programs
The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work in accordance with the U.S. Department
of Labor Occupational Safety and Health Act and the laws of the State of Florida.
This Contract requires that the Contractor and any and all subcontractors hired by the Contractor
comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply
with the Act constitutes a failure to perform.
The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties
charged to the City for violations of OSHA committed by the Contractor or any and all
subcontractors.
B. Safety of Persons and Property
The Contractor shall take all reasonable precautions for the safety of, and shall provide all
reasonable protection to prevent damage, injury or loss to, all employees on the Work and all
other persons who may be affected thereby; all the work materials and equipment to be
incorporated therein, whether in storage on or offthe project site, under the care, custody or
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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 Comractor 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 Comractor 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 Comractor shall develop and implemem a job safety and security plan
which will adequately protect all property and the general public.
8.2 TRAFFIC CONTROL
All safety precautions, traffic control, and warning devices necessary to protect the public and
workmen from hazards within the right-of-way shall be in strict accordance with SECTION 102,
MAINTENANCE OF TRAFFIC, in the Florida Dept. of Transportation (FDOT) Std The State
of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction,
Maintenance and Utility Operations Specifications for Road and Bridge Construction, latest
edition, shall be used as minimum standards, as applicable.
Further, the Contractor shall carry on the Work in a manner that will cause the least possible
obstruction and imerrupfion in traffic, and the least inconvenience to the general public and the
residents in the vicinity of the work.
8.3 ROAD CLOSURE AND DETOURS
Local traffic shall be maintained within the limits of the Project for the duration of the
construction period. Closing to through travel of more than two (2) consecutive blocks, including
the cross street intersected will not be permitted without speciile 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.
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8.4 PROVISION OF ACCESS
Where tra~c must cross open trenches, the contractor shall provide adequate ingress and egress
to dwellings, business facilities, utilities and service. Temporary provisions shall be made by the
Contractor to insure the use of sidewalks. The Contractor shall provide suitable crossings at street
intersections and driveways, and supply such aid as may be required for pedestrians and motorists,
including delivery vehicles, to safely negotiate the construction areas.
On completion of Work within any area, the Contractor shall remove all debris, excess materials,
barricades and temporary Work leaving walkways and roads in said area clear of obstructions.
8.5 WARNING SIGNS AND BARRICADES
The Contractor shall provide adequate signs, barricades, warning lights and flagmen, as required,
and all such other necessary precautions for the protection of the Work and the safety of the
public. All barricades and obstructions shall be protected at night by regulatory signal lights which
shall be kept in operation from sunset to sunrise. Barricades shall be of substantial construction
and shall be reflective to increase their visibility at night. Suitable warning signs shall be so placed
and illuminated at night as to show in advance where construction, barricades or detours exist.
Unless so designated in the Bid Documents, no direct payment for this work will be made, but the
cost of providing, erecting and maintaining such protection devices, including guards, watchmen
and/or flagmen as required shall be considered as included and paid for in the various contract
prices of the Work. Warning signs and barricades shall be in conformance with the State of
Florida, Manual of Traffic Control and Safe Practices for Street and Highway Construction,
Maintenance and Utility Operations, latest edition.
The Contractor shall provide and maintain adequate barricades, construction signs, torches,
flashers, guards and flagmen as required in pedestrian and vehicular traffic areas. Regulations of
local authorities shall be compiled with. Advance warning signs are required on all streets where
work is being conducted. Lane closures shall be signed and barricaded or coned as indicated in
aforementioned FDOT Index. Flagmen may be required where traffic and length of lane closure
warrant them. Where such a plan is needed, Contractor shall submit and obtain approval of their
traffic control plan by the City.
8.6 OPEN TRENCHES
The Contractor shall fully comply with Florida Statutes and OSHA regulations with regard to
open trenches during construction. The Contractor shall be place construction hazard fencing
along any open trenches during the construction work-day, and shall leave no open trenches or
excavations over-night unless properly fenced and with the specific approval of the Engineer or
the City.
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8.7 PLACEMENT OF HEAVY EQUIPMENT
The Contractor shall not leave construction equipment parked in front of or on a residential lot
overnight or on weekends. At the close of work each day, the equipment shall be driven to and
stored in a designated area so that the equipment will not become an "attractive nuisance" to
neighborhood children. All equipment left unattended during the course of working day, such as
during lunch hours or work breaks, shall not be left in a condition or location which would create
a safety hazard to the general public. Ail keys shall be removed from the machines during those
times.
8.8 TEMPORARY FACIL1TIIES AND CONTROLS
The Contractor shall provide controls for sanitary facilities, environmental protection and safety
controls on site acceptable to the Florida Department of Health and Rehabilitative Services,
Department of Environmental Protection, and St. Johns River Water Management District.
8.9 SANITARY PROVISION
The Contractor shall provide and maintain such sanitary accommodations adequate for the use of
his employees and those of his subcontractors, and as may be necessary to comply with the
requirements and regulations of the local and state departments of health.
Such facilities shall be made available when the first employees arrive on site of the Work, shall be
properly secluded from public observation, and shall be constructed and maintained during the
progress of the Work in suitable numbers and at such points and in such manner as may be
required or approved.
The Contractor shall maintain the sanitary facilities in a satisfactory and sanitary condition at all
times and shall enforce their use. 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 fac'flities at all times to determine whether or not they are being properly and
adequately maintained.
Following the period of necessity for such accommodations, they and all evidence affixed thereto
shall be removed.
8.10 WATER AND ELECTRIC SUPPLY
The Contractor shall make all necessary applications and arrangements, and pay all fees and
charges for water and electrical service necessary for the proper completion of the Project up to
the time of final acceptance. The Contractor shall provide and pay for any temporary piping and
connections.
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8.11 NOISE CONTROL
The Contractor shall provide adequate protection against objectionable noise levels caused by the
operation of construction equipment, and shall submit a plan to the Engineer for his review prior
to initiation and implementation of the plan.
8.12 DUST CONTROL
The Contractor shall provide for adequate protection against raising objectionable dust clouds
caused by moving construction equipment, high winds or any other cause, and shall submit a plan
to the Engineer for his review prior to initiation and implementation of the plan.
8.13 WATER CONTROL
The Contractor shall provide for satisfactory disposal of surplus water and shall submit a plan to
the Engineer for 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.
8.14 POLLUTION, SILTATION AND EROSION CONTROL
The Contractor shall provide for and take sufficient precautions to prevent pollution of private
and public lands, reservoirs, ponds, rivers, streams, creeks, etc., by the disposal of surplus
materials in the forms of solids, liquids or gases includ'mg, but not limited to, fuels, offs bitumen,
calcium chloride or other harmful materials. Contractor shall conduct and schedule Work
operations so as to avoid or otherwise minimize pollution or sikation 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 for control of discharge of Total Suspended Matter, and
shall prevent water and wind erosion of open excavations and swales.
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Article IH - SUPERVISION AND ADMINISTRATION
9.0 ENGINEER, CITY, CONTRACTOR RELATIONS
9.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY
All work done shall be subject to the construction review of the Engineer and City. Any and all
technical questions which may arise as to the quality and acceptability of materials furnished,
work performed, or work to be performed, interpretation of Plans and Specifications and all
technical questions as to the acceptable fulfillment &the Contract on the part of the Contractor
shall be referred to the Engineer who will resolve such questions.
9.2 ENGINEER'S DECISION
All claims of a technical nature of the City or Contractor shall be presented to the Engineer for
resolution.
9.3 SUSPENSION OF WORK
The City shall have the authority to suspend the Work wholly or in part, for such periods as may
be deemed necessary and for whatever cause, to include but not be limited to, unsuitable weather
or such other conditions as are considered unfavorable for prosecution of the Work, failure on the
part of the Contractor to cangt out the provisions of the Contract or to supply materials meeting
the requirements of the Specifications, or the action of a governmental agency, by serving written
notice of suspension to the Contractor. In the event that the Engineer shall become aware of any
condition which may be cause for suspension of the Work, the Engineer shall immediately advise
the City of such condition. The Contractor shall not suspend operations under the provisions of
this Paragraph without the Cit3/s permission.
9.4 CONSTRUCTION REVIEW OF WORK
All materials and each part or detail of the Work shall be subject at all times to construction
review by the Engineer and the City. The Engineer and the City may appoint inspectors. The
Contractor will be held strictly to the tree intent of the Specifications in regard to quality of
materials, workmanship, and the diligent execution &the Contract. Such construction review may
include mill, plant, or shop inspection, and any material fumishefl under the Specifications is
subject to such inspection. The Engineer and the City shall be allowed access to all parts of the
Work and shall be furnished with such information and assistance by the Contractor as is required
to make a complete and detailed review. The City shall not be responsible for the acts or
omissions of the Contractor.
9.5 FIELD TESTS AND PRELIMINARY OPERATION
The Contractor shall perform the work of placing in operation all equipment installed under this
Contract, except as specifically noted hereinafter.
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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 ofretesting
when materials and workmanship fail to meet specified requirements will be deducted from
moneys due the Contractor.
9.6 EXAMINATION OF COMPLETED WORK
The City may request an examination of completed work of the Contractor at any time before
acceptance by the City of the Work and shall remove or uncover such portions of the finished
work as may be directed. After examination, the Contractor shall restore said portions of the
Work to the standard required by the Specifications. Should the work thus exposed or examined
prove acceptable, the uncovering or removing and the replacing of the covering or making good
of the parts removed shall be paid for as extra work, but should the work so exposed or examined
prove unacceptable, the uncovering, removing and replacing shall be at the Contractor's expense.
9.7 CONTRACTOR'S SUPERINTE~E~
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 confmmed
in writing and always upon written request from the Contractor.
9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES
Upon failure of the contractor to perform the work in accordance with the Contract Documents,
including any requirements with respect to the Schedule of Completion, and after five (5) days
written notice to the Contractor, the City may, without prejudice to any other remedy he may
have, correct such deficiencies. The Contractor shall be charged all costs incurred to correct
deficiencies.
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9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK
In the event of any default by the Contractor, the City shall have the tight 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.
9.10 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.
9.11 SEPARATE CONTRACTS
The City may let other contracts in connection with the Work of the Contractor. The Contractor
shall cooperate with other Contractors with regard to storage of materials and execution of their
work. It shall be the Contractor's responsibility to inspect all work by other contractors affecting
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.
9.12 SUBCONTRACTS AND PURCHASE ORDERS
Prior to signing the Contract or at the time specified by the City, the Contractor shall submit in
writing to the City the names of the 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.
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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.
9.13 WORK DULLING 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.
9.14 ORAL AGREEMENTS
No oral order, objection, claim or notice by any party to the others shall affect or modify any of
the terms or obligations contained in any of the Contract Documents, and none of the provisions
of the Contract Documents shall be held to be waived or modified by reason of any act
whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no
evidence shall be introduced in any proceeding of any other waiver or modification.
9.15 NIGHT, SATURDAY AND/OR SUNDAY WORK
No night or Saturday and Sunday work will be permitted, except in case of emergency, or with
prior approval fi.om City, and then only to such extent as is absolutely necessary to protect life or
property. This clause shall not pertain to crews organized to perform restoration work which
needs no verifying inspection, maintenance work on equipment, or to operate and maintain special
equipment such as dewatering pumps which may be required to work 24 hours per day. All such
.night, Saturday and/or Sunday work must be authorized by the City.
9.16 UNAUTHORIZED WOKK
Work done without lines and grades having been established, work done without proper
inspection, or any changes made or extra work done without written authority will be done at the
Contractor's risk and will be considered unauthorized, and, at the option of the City, may not be
measured and paid for.
9.17 USE OF COMPLETED PORTIONS OF THE WORK
The City shall have the right to use, occupy, or place into operation any portion of the Work that
has been completed sufficiently to permit safe use, occupancy, or operation, as determined by the
Engineer. If such use, occupancy, or operation increases the cost of or delays the Work, the
Contractor shall be entitled to extra compensation, or an extension of time, or both, as determined
by the Engineer. However, if Contractor has failed to complete the Work in accordance with the
time requirements of the Agreement, no compensation (including set-offs to liquidated damages)
shall be allowed for such use or occupancy.
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9.18 CONTRACTOR'S KESPONSIBELITY FOR WORK
Until acceptance of the Work by the CID', it shall be under the charge and care of the Contractor,
and he shall take every necessary precaution against injury or damage to the Work by the action
of the elements or from any other cause whatsoever, whether arising from the execution or from
the non-execution of the Work. The Contractor shall rebuild, repair, restore and make good,
without additional compensation, all injury or damage to any portion of the Work occasioned by
any cause, other than the sole and active negligence of the City, before its completion and
acceptance.
10.0 M~ASUREMENT AND PAYMENT
10.1 DETAILED BREAKDOWN OF CONTRACT
Except in cases where unit prices form the basis for payment under the Contract, the Contractor
shall submit a complete breakdown of the contract amount showing the value assigned to each
part of the Work, including an allowance for profit and overhead within ten (10) days of the
execution &the Contract by the parties. Upon approval of the breakdown of the contract amount
by the Engineer and the City, it shall be used as the basis for all requests for payment.
10.2 REQUEST FOR PAYMENT
The Contractor may submit to the CiD' 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 CID', 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 saie, invoice or other documentation warranty that the CiD' has received the materials and
equipment free and clear of all liens, charges, security interests and encumbrances, ail of which
shall be satisfactory to the CID'. No payments shall be made for materials stored on site without
approval of the CID'.
An amount of 10% of each monthly pay request shall be retained until final completion and
written acceptance of the Work by the City. Payment of the retainage shall be included in the
Contractor's final pay request in accordance with Paragraph 10.14. Any deviation in the release or
partial release of the 10% retainage shall be at the sole discretion of the City, but in no case earlier
than completion of the Engineer's "punch list inspection".
Any request for payment shall be accompanied by dairn releases for work done or materials
furnished in accordance with Paragraph 10.13.
Prior to submission of any request for payment by the Contractor, the Engineer shall review the
request for payment to determine the following:
(a) That the work covered by the request for payment has been completed in
accordance with the intent of the Plans and Specifications.
(b) That the quantities of work have been completed as stated in the request for
payment, whether for a unit price contract or for payment on a lump-sm contract.
10.3 CITY'S ACTION ON A REQUEST FOR PAYMENT
Within thirty (30) days from the date of receipt of a request for payment the City shall do one of
the following:
(a) Approve and pay the request for paymem as submitted.
Approve and pay such other amount of the request for payment in accordance with
Paragraph 10.4 as the City shall decide is due the Contractor, informing the
Contractor in writing of the reasons for paying the amended amount.
(c)
Disapprove the request for payment in accordance with Paragraph 10.4 informing
the Contractor in writing of the reasons for withholding payment.
10.4 CITY'S RIGHT TO WlTHI-IOLD 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.
3O
Co)
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.
The City has had to correct a defect in the Work, or there are other items entitling
the City to a set-off against the amount recommended.
(g) Default of any of the provisions of the Contract Documents.
10.5 PAYMENT FOR UNCORRECTED WORK
Should the City direct, in writing, the Contractor not to correct work that has been damaged or
that was not performed in accordance with the Contract Documents, an equitable deduction from
the contract amount shall be made to compensate the City for the uncorrected work.
10.6 PAYMENT FOR REJECTED WORK AND MATERIALS
The removal of work and materials rejected under Paragraph 5.3 and the re-execution of work by
the Contractor shall be at the expense of the Contractor and the Contractor shall pay the cost of
replacing the destroyed or damaged work of other contractors by the removal of the rejected
work or materials and the subsequent re-execution of that work. In the event that City incurs
expenses related thereto, Contractor shall pay for the same within thirty (30) days after written
notice to pay is given by the City. If the Contractor does not pay the expenses of such removal,
after ten (10) days written notice being given by the City of its intent to sell the materials, the City
may sell the materials and shall pay to the Contractor the net proceeds 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-offagainst any payments due
Contractor.
10.7 CHANGES IN THE WORK
A. Change Orders
If conditions require a change in the scope of work or additional work varying from the original
Plans or Specifications, such change shall be effected by the Contractor when the City issues a
written Change Order. The Change Order shall set forth in complete detail the nature of the
change, the change in the compensation to be paid the Contractor and whether it is an addition or
a reduction of the original total contract cost. Should additional or supplemental drawings be
required, they will be furnished by the Engineer.
Compensation to be paid to the Contractor for accomplishing the work of a Change Order shall
be established in one of the following ways:
(a) By lump sum proposed by the Contractor and accepted by the City.
(b) By unit prices established and agreed to.
(c) By unit prices established for additional kinds of work.
(d) By other methods as may be mutually agreed upon.
(e) By force account wherein the Contractor provides the labor and materials at
Contractor's direct cost plus 15% for overhead and profit. When the force account method is
used, the Contractor shall provide full and complete records of all costs for review by the City.
B. Claims
Claims arising from changes or revisions made by the Contractor at the City's request shall be
presented to the City before work starts on the changes or revisions. If the Contractor deems that
extra compensation is due for work not covered herein, or in Supplemental Agreement, the
Contractor shall notify the City in writing of its intention to make claim for extra compensation
before work begins on which the claim is based. If such notification is not given and the City is
not afforded by the Contractor a method acceptable to the City for keeping strict account of
actual cost, then the Contractor hereby waives its request for such extra compensation. The City
is not obligated to pay the Contractor if the City is not notified as described above. The
Contractor may refuse to perform additional work requested by the City until an appropriate
agreement is executed by the parties. Such notice by the Contractor and the fact that the City has
kept account of the costs as aforesaid shall not in any way be construed as proving the validity of
the claim.
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C. Differing Site Conditions
Contractor shall promptly, and before such conditions are disturbed, notify City in writing off
1. Subsurface or latent physical conditions at the ske differing materially fi.om those
indicated in this Agreement and its subparts; or
2. Unknown physical conditions at the site, of an unusual nature, differing materially
from those ordinarily encountered and generally recognized as inhering in the work
of the character provided for in this Agreement.
City shall notify the Florida DEP in writing of the condition, ifDEP finds that conditions
materially differ and will cause an increase or decrease in the Contractor's cost or the time
required to perform any part of the work under this Agreement, whether or not changed as a
resuk of such conditions, the DEP shall approve an equitable adjustment and City will according
modify the Agreement in writing. Any claim for an equitable adjustment of the contract price
based upon differing site conditions is specifically conditioned upon approval of the additional
compensation by DEP.
No claim of the Contractor under this clause shall be allowed unless the Contractor has given the
notice required herein. Further, no claim by the Contractor for an equitable adjustment shall be
allowed if asserted after final payment under this Agreement.
10.8 CANCELED ITEMS OF WORK
The City shall have the right to cancel those portions of the contract relating to the construction
of any item provided therein. Such cancellation, when ordered by the City in writing, shall entitle
the Contractor to the payment ora 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 f~om the Contractor by
the City at actual cost and shall thereupon become the property of the City.
10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY
If the Work or any part thereof shall be suspended by the City as provided in Paragraph 9.3, the
Contractor will then be entitled to payment for all work done except as provided in Paragraph
10.4.
10.10 PAYMENT FOR WORK BY THE CITY
The cost of the work performed by the City removing construction materials, equipment, tools
and supplies in accordance with Paragraph 5.7 and in correcting deficiencies in accordance with
Paragraph 9.8 shall be paid by the Contractor.
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10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION OF CONTRACT
A. Termination by City for Cause
Upon termination of the contract by the City for cause, including abandonment or termination by
Contractor, the City may enter into an agreement with others for the completion of the Work
under this Agreement and the Contractor shall be held harmless for the work of others. No further
payments shall be due the Contractor until the Work is completed and accepted by the City. If the
unpaid balance of the contract amount shall exceed the cost of completing the Work including all
overhead costs, Contractor shall be paid up to the amount of the excess balance on a quantum
recruit basis for the work done prior to termination. If the cost of completing the Work shall
exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. The
cost incurred by the City as herein provided shall include the cost of the replacement contractor
and other expenses incurred by the City through the Contractor's default. In either event, all work
done, tracings, plans, specifications, maps, computer programs and data prepared by the
Contractor under this Agreement shall be considered property of the City.
B. Termination by City Without Cause
In the event the City without cause abandons, terminates or suspends this Agreement, the
Contractor shall be compensated for services rendered up to the time of such termination on a
quantum meruit basis and any work done or documents generated by the Contractor shall remain
the property of the City.
10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY
The Contract will be considered complete when all work has been finished, the final construction
review is made by the Engineer, and the project accepted in writing by the City.
10.13 RELEASE OF CLAIMS (INTERIM/FINAL)
The Contractor shall deliver, with each request for payment, a completed Affidavit and Release of
Claim on a form supplied by the City. Also, from each supplier or subcontractor who has notified
the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's Affidavit
and Release of Claim as an unpaid, potential Claimant, a Claimant's Sworn Statement of Account,
executed by the supplier or subcontractor, must be attached to each request for payment.
If the completed forms are not supplied with the request for payment, the City will notify
Contractor of the outstanding claims of record and, if said completed form(s) are not supplied
within thirty (30) days, the City shall make joint payments to the Contractor and outstanding
claimants.
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10.14 ACCEPTANCE AND FINAL PAYMENT
When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and
Engineer that the Work has been completed in accordance with the terms of the Contract
Documents, the Engineer shall certify completion of the Work to the City. At that time, the
Contractor may submit the Contractor's final request for payment. The Contractor's final request
for payment shall be the contract amount plus all approved written additions less all approved
written deductions and less previous payments made. As a condition for Final payment, a
Contractor's Final Affidavit must be received by the City along with his Final Payment Request
and any as-built drawings which may be required. The Contractor shall furnish full and final
releases of Claim for labor, materials and equipment incurred in connection with the Work,
following which the City will release the Contractor except as to the conditions of the
performance bond, any legal rights of the City, required guarantees and satisfaction of all warranty
work, and shall authorize payment of the Contractor's final request for payment.
10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYNIENT
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.
IL0 PUBLIC CONTRACT REQUIREMENTS
11.1 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,
~ or any other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of this paragraph, the City shall have the right to
terminate the Agreement without liability and, at its discretion, deduct from the Agreement price,
or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration.
11.2 INTEREST OF MEMBERS OF CITY AND OTHERS
No officers, members or employees of the City and no member of its governing body, and no
other public official of the governing body of the locality or localities in which services for the
facilities are situated or carried out, who exercises any functions or responsibilities in the review
or approval of the undertaking or carrying out of this project, shall participate in any decision
relating to this Agreement which affects his personal interest, or have any personal or pecuniary
interest, direct or indirect, in this Agreement or the proceeds thereof.
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11.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING
The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on
behalf of the Contractor to any person for influencing or attempting to influence any officer or
employee of any Federal agency, a member of Congress, an officer or employee of Congress or an
employee of a member of Congress in connection with the awarding of any Federal contract, the
malting 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. Further, Contractor shall fully comply with the
Federal Lobbying Disclosure Act of 1995.
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 Agreement, the undersigned shall complete and submit the attached Standard
Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. Any and all
subcontracts executed by Contractor for the Work hereunder shall likewise certify and disclose
accordingly
11.4 INTEREST OF CONTRACTOR
The Contractor covenants that he presently has no interest and shall not acquire any interest,
direct or indirect, which shall conflict in any manner or degree with the performance of services
required to be performed under this Agreement. The Contractor further covenants that in the
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.
11.5 PUBLIC ENTITY CRIMES
The Contractor shall file the attached sworn statement which is entitled PUBLIC ENTITY
CRIMES, stating whether a person or affiliate as defined in Section 287.133 (1) Florida Statutes,
has been convicted ora public entity crime subsequent to July 1, 1989, in accordance with the
provisions of said statute.
11.6 DRUG-FREE WORKPLACE
The Agreement documents also consist of the "Drug-Free Workplace Form" which is in
accordance with Florida Statute 287.089 and must be signed and instituted.
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11.7 COMPLIANCE WITH LAWS
Contractor shall comply with all applicable federal laws that in any way regulate or impact the
Work, including, but not limited to, The Clean Air Act (42 USC §7506(c)), The Endangered
Species Act (16 USC §1531, et seq.), Executive Order No. 11593, Executive Order No. 11988,
Executive Order No. 11990, The Fish and Wildlife Coordination Act (PL 85-624), The Safe
Water Drinking Act Section 1424(e) (PL 93-523, as amended), The Wild and Scenic Rivers Act
(PL 90-542, as amended), The Demonstration Cities and Metropolitan Development Act of 1966
(PL 89-754), Section 306 of The Clean Air Act, Section 508 of The Clean Water Act, Executive
Order No. 11738, The Civil Rights Act of 1964 (PL 88-352), The Age Discrimination Act (PL
94-135), Section 13 of The Federal Water Pollution Control Act (PL 92-500), Executive Order
No. 11246, Executive Order No. 11625, Executive Order No. 12138, Executive Order No.
12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and Health Act and
applicable regulations, and the Americans with Disabilities Act (PL 101-336).
11.8 INSURANCE
The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below
and maintain said insurance during the life of this agreement:
(a) Workers' Compensation - Contractor shall purchase workers' compensation
insurance as required by law.
(b) Commercial General Liability - Contractor shall purchase Commercial General
Liability insurance with a combined single limit of at least $1,000,000.
(c) Commercial Auto Liability - Contractor shall purchase Commercial Auto Liability
insurance with a combined single limit of at least $1,000,000.
Further, Contractor shall maintain such insurance as is reasonably required to satisfy its
obligations under Paragraph 9.18 for the Work paid for by the City but not yet accepted.
The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The
Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written
notice of their intent to cancel or terminate said insurance. It is the full responsibility of the
contractor to insure that all sub-contractors have full insurance coverage as stated above.
The Contractor shall not 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.
11.9 BOND
The Contractor shall provide bonds issued by companies holding certificates of authority as
acceptable sureties under 31 CFR 223, in the form prescribed by State Law, end generally as
shown in these Documents, for Performance and Payment, each in the amount of 100% of the
total contract amount. The performance bond shall name the Florida DEP as an additional payee.
11.10 PERMITS
All City and St. John's River Water Menagement District permits end other permits necessary for
the prosecution of the Work shall be secured by the City, except for Contractor's licenses end
registrations. Contractor shall secure a building permit if required by the City's Building Official.
11.11 LAWS TO BE OBSERVED
The Contractor shall give all notices end comply with all federal, state end local laws, ordinances,
permit requirements end regulations in eny manner affecting the conduct of the Work, and all such
orders and decrees as enacted by bodies or tribunals having any jufisdicton or authority over the
Work, and shall indemnify end save harmless the City end 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 regtflation pertaining to furnishing services under this Agreement
shall constitute a material breach of this Agreement. The Contractor acknowledges that this
requirement includes compliance with all federal, state end local health end safety rules end
regulations.
The Contractor shall keep himself fully informed of all existing end pending state and national
laws and municipal ordinences 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 Plens,
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 end City in writing. He shall at all
times himself observe end comply with and cause all his agents, subcontractors end employees to
observe and comply with decrees; end shall protect end 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, ordinence, regulations, orders or decree, whether by himself or his
employees.
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All building construction work alterations, repairs or mechanical installations and appliances
connected therewith shall comply with the applicable building rules and regulations, restrictions
and reservations of record, local ordinances and such other statutory provisions pertaining to this
class of work.
11.12 DEBARMENT AND SUSPENSION
In accordance with Executive Order 12549, Debarment and Suspension (40 CFR 32), the
Contractor shall agree and certify that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded fi.om participation
in this transaction by any Federal department or agency; and that the Contractor shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction without prior
written approval of the City.
Upon execution of this Agreement by the Contractor, the Contractor shall complete sign and
return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility
and Voluntary Exclusion - Lower Tier Federally Funded Transactions" attached hereto, and shall
include the language of this Paragraph and the attached form in all subcontracts executed to
support the Contractor's work under this Agreement.
12.0 MISCELLANEOUS
12.1 ADDRESSES FOR NOTICES
All notices given under or in connection with any of the Contract Documents shall be delivered in
person or by telegraph or registered or certified mail to the parties at the address as either party
may by notice designate.
12.2 WRITTEN NOTICE
Written notice shall be considered as served when delivered to the designated representative of
the Contractor and receipt acknowledged or sent by registered mail to the individual, firm, or
corporation to the business address stated in Bid Proposal.
Change of Address: It shall be the duty of each party to advise the other parties to the Contract as
to any changes in his business address until completion of the Contract.
12.3 TAXES
Contractor shall pay all sales or other taxes of any type which may be incurred in connection with
the Work hereunder, and shall reimburse the City for any such taxes paid by the City.
39
12.4 TI/VIE IS OF VITAL IMPORTANCE
It is agreed and understood that time is ofvitai importance with respect to the completion date for
the Work and all other provisions of the Contract Documents.
12.5 NO WAIVER OF LEGAL RIGHTS
Neither the payment for, nor acceptance of the whole or any part of the Work by the City or
representatives of the City, nor any extension of time, nor the withholding of payments, nor any
possession taken by the City, nor the termination of employment of the Contractor shall operate
as a waiver of any portion of the Contract or any power therein reserved or any fight therein
reserved or any right therein provided, nor shall the waiver by the City of any of the Contractor's
obligations or duties under this Agreement constitute a waiver of any other obligation or duty of
the Contractor under this Agreement.
12.6 RIGHT TO WORK PRODUCT
No reports, data, programs or other material produced in whole or in part under this Agreement
shall be subject to copyright by the Contractor, in the United States or in any other country. The
City or its assigns shall have the unrestricted authority to publish, disclose, distribute and
otherwise use, in whole or in part, any reports, data, programs or other material prepared under
this Agreement. All tracings, plans, specifications, maps, computer programs and data prepared or
obtained under this Agreement shall remain the property of the City. Any use of any plans and
specifications by the City except the use reasonably contemplated by the City at the time the City
entered this Agreement will be at the City's risk and Contractor, its officers, directors and
employees, will be held harmless fi.om such use.
IN WITNESS WItEREOF, the parties hereto have caused these presents to be executed,
the day and year first above written.
ATTEST:
Kathryn 1~. O'Halloran
MMC/AAE, City Clerk
(sEAL)
Name:
Title: City Manager
Approved as to Form and Content for:
Reliance by the City of Sebastian Only
~.~ngSyA~~ey
4O
CONTRACTOR ...................
Signed, sealed and delivered
in the presence of:
Contractor
41
DRUG~FREE WORKPLACE FORM
that
does:
Date:
The undersigned Contractor, in accordance with Florida Statute 28'7.087 hereby certifies
Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
spec'flying the actions that will be token against employees for violations of such
prohibition.
Inform employees about the dangers of drug abuse in the workplace, the business' policy
of maintaining a drug free workplace, any available drug counselkng, rehabilitation,
employee assistance programs and the penalties that may be imposed upon employees for
drug abuse violations.
Give each employee engaged in providing the commodities or contractual services tha~ are
under bid a copy of the statement specified in Paragraph 1.
In the statement spec'flied 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 o£ or plea of gusty
or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace no later than five
(5) days after such conviction.
Impose a sanction on, or require the satisfactory, participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee
who is so convicted.
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 cerdfy that this fn'm complies fully
with the above requirement~..,---"~
42
PUBLIC ENTITY CRI]V[ES FORM
.My 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),
FLOP, IDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the
space(s) provided, amd 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 atter 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 mediate
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 Depa~hs,ent 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, cfa 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 af~llate was placed on the convicted vendor list
unless that person or af~liate 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 ~ 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 hi the presence of a notary
public or other officer authorized to administer oaths and properly executed.
Tm*, INCLUSION OF ~ SWORN STATEMENT OR AFFIDAVIT SRALL BE
SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON-
INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR
QUOTE OR BID.
A
WORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
TIT[q FORM MUST BE SIGNED IN TFrE PRESENCE OF A NOTARY PUBLIC OR
OT~m,R OFFICER AUTHO}ZTT, ED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or Agreement No.
5~¥ o~ £~f~,~rfor TIlE CITY OF SEBASTIAN.
This sworn statement is submitted by [~oce-,~ [_~h*,-
0oo~d,;.~., I~, (n~e ofenfi~ sub~g
sworn ~atement) whose bus,ess ~ess is
3~ &~ ~1 ~ ~ ~.g~ ~. ~d (~app~cable)
ksFed~Employerlden~cafion~is 5~/g~- O3~ ~eenfiW~
no ~, ~clude ~e Socifl Semfi~ Number of~e ~dufl sing tbs sworn
statem~t: ~ .)
My name is )lb~ai~ t.~b~ (please print name of
in~vidual sigrfing) and my relationship to the entity named above is
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 Agreemem 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.
I understand that "convicted" or "conviction" as de. lined in Paragraph 287.133(1)(1)),
Florida Statutes, means a finding of guilt or a conviction ora 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 ora jury
verdict, nonjury trial, or entry ora plea of guilty or nolo comendere.
I understand that an ",ff~liate" 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 ora public entity crime. The term "affiliate"
includes those officers, directors, executives, parmers, shareholders, employees, members,
and agents who are active in the management of an n~l~ate. The ownership by one person
of shares constituting a controlling interest in another persor~ or a pooling of equipment
or income among persons when not for ~'air 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 ~ffiliate.
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.
Based on information and belief,, the statement which I have marked below is true in
relation to the entity submitting tiffs sworn statement. (Please indicate which statement
applies.)
___~__ Neither the entity submitting this sworn statement, nor any officers, directors,
eiecufives, parmers, shareholders, employees, members, or agems who are active in
management of the entity, nor any a~llate o£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 ~liate 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 affillate on the convicted vendor
list. (Please attach a copy of the final order.)
__ The person or affiliate was placed on the convicted vendor list.
There has been a subsequent proceeding before a hearing officer of the State of Florida, Division
of Administrative Hearings. The final order entered by the hearing officer determined that it was
in the public interest to remove the person or affiliate from the convicted vendor list. (Please
attach a copy of the final order.)
C
__ The person or affiliate has not been placed on the convicted vendor list. (Please
describe any action taken byor pending with the D~e_~ of C~eral Services.)
STATE OF FLOKIDA
COUNVtOF
-zoo, The foregoing/nstrument was acknowledged before me this 74; day of -3'~,~ ~- ,
-l'~JDby D~o ~ , ~,~- t2~-o~-'~ (title) on
f_ - --~l°~ ~1~ ~'r~i~- ~-~ _--~:_x
behalfoftfl~.~ Co~~ ~a. I~,-. u ....... ~ .....~,~, a pa~cr~2p~ HWshe is perso~y
~om to me or h~ produced as iden~cation md &d ( ) &d not ( )
t~e ~ oa~.
My Comssi~ E~kes:
Comssion Nmb~:
D
Dared ~ "~ day of
ATTA .CH~. NT]g
REGARDING D~S, S~P~N~0N, ~JG~U
VOL~Y EX~U~ON-LO~ '~'~ ~E~L:.y ~
~red for ~ con~acto~ ~d subcon~acto~ under
' .DE~ CO~ NO:
L ~ ~d~i~cd h~ c~ ~at n~i~ it n~ i= p~ B p~cn~y d~b~t~ su~en~ proposed
for d~be~tn~ dollied ~g~l~, or volley ~clud~d ~m p~ipafion ~ ~ ~sac~on by ~y
2. ~ ~d~i~d ~o c:~ ~: k ~ i~ p~c~:
(e) Haw ~t ~ ~ ~-~ p~od pmc~g ~ ~c be~ con~d of or had a ~inol off~c '
~ ~ or ~c~i~g ~o1~ p~p~. .
~) ~ not p~s~y ~cted for or o~e al,,,~inn~ly or c~y c~ged by a gov~
Hav~ not ~ a ~t~-y~ p~fiod ~:~g ~ c~:agcn ~d on~ or mo~ pubic
~c~ S~ or loc~) ~;~tcd for ca~ ~ ~L :
DEP FOi~M 11-043 (04/94)
By:
Autho~d Sig~amrc/Conla-actor
)Typed Nam~fitle
Can~ ~ N~
S~t Ad'ss
City/S m~Zip Code
.~a CodeFfet~houe Number
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DEP Corm-act Nol B'.~[708, Amcbanent E, Page .1 of 2
ATTA~I3~NT F
DISCLO$I]IL~ OF LOBBYING ACT1Ni'iJ~S
~.~T~ of Federal Action: L Stares of:~edemi Acrlon: 3. Repom T~
d. io~ For Mu~ Chnnge Only:
f. I~ insu~c~ ~m ofl~
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1. ~ounI of Pa~ant (~ ali tim appiy): 13. T~e of pa~ent (~ ~ ~mz appO):
12. F~ of Payment (~:e~ ~l~ apply): . . ~ · ~fin~t f~
(attact ~nti~uat~an Sheetrs) SF-~-A.
y,~
I~smmSl~OOandn~,mo.~anSlOO~OOror~achsu~aitun. T~tephoneNo.: ~ OOg 1%~ Date:
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