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HOME OF PEUCAH MLWD
CITY OF SEBASTIAN CHANGE ORDER
CHANGE ORDER M
PURCHASE ORDER # 7167
CONTRACTOR: Tim Rose Contracting
ADDRESS: 1360 SW Old Dixie Highway
PROJECT NAME: Presidential Streets
PROJECT #:
PHONE #: 772-564-7800
CONTRACT NAME: Tim Rose
CONTACT DATE: 12/11/2013
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein.
Upon proper execution of this document, the Contractor is hereby notified to commence work. All
changes stated below are hereby incorporated and made a part of the Contract identified above, and all the
terms and conditions of said Contract are enjoined and in full force while executing the change(s)
stipulated as follows:
Street
Improvements
1. Remove existing concrete and fencing
2. Installation of PVC and fitting to drain side area
3. Raise new headwall 1 Ft to reduce erosion
A) Contract Price Prior to this Change Order $ 831,132.55
Net Increase (Decrease) Resulting from this Change Order $ 13,706.80
New Contract Price Including this Change Order $ 864,942.19
B) Contract Time Prior to the Change Order (Number of Days) 136 days
Net Increase (Decrease) Resulting from the Change Order (Number of Days) 11 days
New Completion Date Including this Change Order 11/24/2014
AGREED:
Date:
Authorized
Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check one):
City Manager Authorization - cumulative amount less than 15% of contract price or $15,000 single change order
_ City Council Authorization - cumulative amount exceeds 15% of contract price or $15,000 single change order
(meeting date )
CITY F B TlArq.
�— Date: ) ! /,�
Cit ana
qf-
Project Manager
Finance Director
City Attorney
AT EST
to budget Sally A. Mao/MMC, City Clerk
tolegol
Timothy Rose Contracting, Incorporated
1360 SW Old Dixie Highway
Suite # 106
Vero Beach, FL 32962
Phone # (772) 564-7800
Fax # (772) 564-7888
Date
Change Order #
11/7/2014
CO 3
Name.1 Address
Project:
City Of Sebastian
Presidential Street
Purchasing Division
1225 Main Street
Sebastian, FL 32958
Approved Yes No
MY
Description
Unit Price
Amount
Washington Street
Remove existing concrete 8x 155 Due to existing force main in conflict with proposed drainage
Install 8 x 155 of 6" concrete
1
remove existing concrete 1240 SQ Ft C $6 per FT
7,440.00
7,440.00
1
Add 1240 SQ FT 6" concrete C $3.57 per Ft
4,426.80
4,426.80
Add 8 days to contract time
Raise head wall at Tiki Bar to law will not stop erosion
I
Add I FT to proposed headwall
500.00
500.00
Add PVC pipe and fittings at neighbor of Tiki Bar, had cement block laid on side raising elevation,
blocked water
1
Install 60 FT 4 IN ADS with fittings
580.00
580.00
1
Install 60 FT 4 IN ADS with fittings
480.00
480.00
Add 2 days to contract time
Bed & Breakfast drainage existing inlet to proposed manhole to stop water ponding at right of way
I
North of Washington Street install pipe provided by City
280.00
280.00
Add I day to contract time
Total of 11 days added to contract
Total $13,706.80
arca
SEBASTIAN
NOME Of Pi "N ISLIUM
CITY OF SEBASTIAN CHANGE ORDER
CHANGE ORDER #:
PURCHASE ORDER # 7167
CONTRACTOR: Tim Rose Contracting
ADDRESS: 1360 SW Old Dixie Highway
PROJECT NAME: Presidential Streets
PROJECT #:
PHONE #: 772-564-7800
CONTRACT NAME: Tim Rose
CONTACT DATE: 12/11/2013
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein.
Upon proper execution of this document, the Contractor is hereby notified to commence work. All
changes stated below are hereby incorporated and made a part of the Contract identified above, and all the
terms and conditions of said Contract are enjoined and in full force while executing the change(s)
stipulated as follows:
Martin Avenue
1. Installation of 84 LF of F Curb on Martin Avenue & Indian River Drive
Cleveland Street
Installation of driveways and pipe on Cleveland Street
3. Installation of MH, inlet and various drainage improvements
A) Contract Price Prior to this Change Order $ 831,132.55
Net Increase (Decrease) Resulting from this Change Order
$ 9,151.84
New Contract Price Including this Change Order
$ 851,235.39
B) Contract Time Prior to the Change Order (Number of Days)
128 days
Net Increase (Decrease) Resulting from the Change Order (Number of Days)
8 days
New Completion Date Including this Change Order
11/13/2014
AGREED:
COMPANY
Date: Q -R-11
mut orized Signature
Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check one):
'City Manager Authorization - cumulative amount less than 15% of contract price or $15,000 single change order
City Council Authorization - cumulative amount exceeds 15% of contract price or $15,000 single change order
(meeting date )
CITY O BAST N:
` ! Date:
City 10ariager
Project Manager
Finance Director
City Attorney
ATTE C
to budget Sally A. Maio City Clerk
to legal
Timothy Rose Contracting, Incorporated
1360 SW Old Dixie Highway
Suite # 106
Vero Beach, FL 32962
Phone # (772) 564-7800
Fax # (772) 564-7888
Date
Change Order #
11/7/2014
CO 2
Name 1 Address
Project:
City Of Sebastian
Presidential Streets
Purchasing Division
1225 Main Street
Sebastian, FL 32958
Approved Yes No
MY
Description
Unit Price
Amount
Martin Ave
1
84 LN FT of F Curb a $18 per FT
1,512.00
1,512.00
Curb was not on plans requested during construction of Martin Ave
Add 4 days to contract
Cleveland Street
1
Added 12x22 to proposed driveway (Joe Graham)
939.84
939.84
Proposed drive on plan wide enough 264 SQ FT @$3.56 per FT
Add 2 days to contract time for prep & pour
I
Cut existing structure add 40 LN FT
600.00
600.00
12" ADS and ME to get standing water from between two properties - Charlies & Townhouses
40 ft 12 in ADS a $15 per FT
1
Core existing Structure
400.00
400.00
1
Add 2 metered end sections
800.00
800.00
Add 5 days to contract time
water trapped by road elevation
1
Core Existing
400.00
400.00
1
l manhole
1,200.00
1,200.00
1
1 C inlet
1,500.00
1,500.00
1
120 ft 12" ADS
1,800.00
1,800.00
Add 8 days to contract time
Total of 19 days added to contract
Total $9,151.84
CO OF
SASTMN
HOME OF PWCAN ISLAND
CITY OF SEBASTIAN CHANGE ORDER
CHANGE ORDER #:
PURCHASE ORDER # 7167
CONTRACTOR: Tim Rose Contracting
ADDRESS: 1360 SW Old Dixie Highway
PROJECT NAME: Presidential Streets
PROJECT #:
PHONE #: 772-564-7800
CONTRACT NAME: Tim Rose
CONTACT DATE: 12/11/2013
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein.
Upon proper execution of this document, the Contractor is hereby notified to commence work. All
changes stated below are hereby incorporated and made a part of the Contract identified above, and all the
terms and conditions of said Contract are enjoined and in full force while executing the change(s)
stipulated as follows:
Indian River Drive
1. Installation of 408 LF of 18" ADS piping (City supplied pipe)
2. Installation of 3 drainage tees with grates and concrete slab
3. Installation of bahia sod
A) Contract Price Prior to this Change Order $ 831,132.55
Net Increase (Decrease) Resulting from this Change Order $ 10,951.00
New Contract Price Including this Change Order S 842,083.55
B) Contract Time Prior to the Change Order (Number of Days) 120 days
Net Increase (Decrease) Resulting from the Change Order (Number of Days) 8 days
New Completion Date Including this Change Order 11/5/2014
Date:
signature
City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order
City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order
(meeting date )
CITY OF SEBA N: Y /
ate: `7
City Mana
ATT ST
Project Manage - I�—
Finance Director hl vti, as to budget Sally A. M ' , MMC, City Clerk
City Attorney /E+7w as to legal
Timothy Rose Contracting, Incorporated
1360 SW Old Dixie Highway
Suite # 106
Vero Beach, FL 32962
Phone # (772) 564-7800
Fax # (772) 564-7888
Date
Change Order #
8/11/2014
CO I
Name / Address
Project
City Of Sebastian
Indian River Drive
Purchasing Division
Presidental Streets Improvement
1225 Main Street
Sebastian, FL 32958
Approved Yes No
Qty
Description
Unit Price
Amount
1
Install 408 Ln Ft - 18" ADS Pipe Supplied by City of Sebastian
7,120.00
7,120.00
1
Install Three (3) Tees with Grate and 6" Concrete Slab
1,800.00
1,800.00
1
1110 - Sq Yd Bahia Sod
2,031.00
2,031.00
Total of 8 days added to the contract
Total $10,951.00
HOME OF PELICAN ISLAND
CERTIFICATE OF PROJECT COMPLETION
Date Accepted: 08/22/17
Project Name & #: Presidential Streets # A1231
Total Project Expenditures: $ 938,823.33
Project Location: Washington/Cleveland/Martin Streets
Contractor(s): Timothy Rose Contracting / Infrastructure Engineers / Misc (see attached)
Contract Amount(s): $ 809,569.56 / $ 55,309.63 / $ 73,944.14
Pursuant to the above captioned contract and in compliance of same, we the undersigned do hereby certify
that this project is complete.
Issuance of this certificate releases the contractor from any further responsibility as stipulated in the contract
as it relates to bond performance, payment of subcontractors, release of liens, maintenance and indemnity. All
contractual obligations as to warranty, insurance, indemnification and patents, shall remain in full effect for the
contractually stipulated period of time. In no way does the issuing of this certificate release the Contractor from
all legal obligations as stipulated in Chapter 713 of the Florida Statutes.
Therefore, having reviewed the contract and inspected the work, the undersigned to hereby accept the
segment as being complete.
rotect Mane Date
N/A
Building Official (if applicable) Date
�� Gl) a tern o 10 30 17
City 96rk Date
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CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT made this U •L day of l , 2014, by and between the CITY OF
SEBASTIAN, a municipal corporation of the State of Olorida, 1225 Main Street, Sebastian, Florida,
32958, and ( "City") and Timothy Rose Contracting, Inc. 1360 SW Old Dixie Highway, Suite 106, Vero
Beach, FL 32962 (Contractor. ") authorized to do business in the State of Florida.
WHEREAS, the City desires to engage a Florida licensed contractor who has special and unique
competence and experience in providing construction services necessary to complete the Project
hereunder; and,
WHEREAS, the Contractor represents that it has such competence and experience in providing
these services; and,
WHEREAS, the City in reliance on such representation has selected the Contractor in accordance
with its procedure for selection of Contractor; and,
WHEREAS, the City and the Contractor desire to reduce to writing their understanding and
agreements on such professional services.
IT IS, THEREFORE, AGREED as follows:
ARTICLE I - The Contractual Relationship
1.0 EMPLOYMENT OF CONTRACTOR
The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform
professional services for the City in accordance with this Agreement to PROVIDE AND INSTALL
"ROADWAY AND DRAINAGE IMPROVEMENTS FOR CLEVELAND STREET, MARTIN
AVENUE AND WASHINGTON STREET PER PLANS AND SPECIFICATIONS. This Agreement
is not an exclusive agreement and the City may employ other contractors, professional or technical
personnel to furnish services for the City as the City in its sole discretion finds is in the public interest.
The Agreement shall not be construed to create a contractual relationship of any kind between the City
and the Subcontractor(s), or, between any person or firm other than the City and Contractor.
The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any portion thereof,
or of his right, title of interest therein or his obligations thereunder, or moneys due or to become due
under this Contract.
2.0 AGREEMENT DOCUMENTS
The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement,
Supplemental Agreement(s), Notice of Invitation to Bid, Instructions for Bidders, Bid Proposal, Bond
Forms, Bid Specifications and Scope of Work, Work Orders, Change Orders, Addenda if any, any other
documents listed in the Agreement Documents, and written modifications issued after execution of this
Agreement, if any.
A -6
2.1 INTENT
The Specifications are an integrated part of the Contract Documents and as such will not stand alone if
used independently. The Specifications establish minimum standards of quality for this Project. They do
not purport to cover all details entering into the design and construction of materials or equipment. The
intent of the Agreement Documents is to set forth requirements of performance, type of equipment and
structures, and standards of materials and construction. It is also intended to include all labor and
materials, equipment, and transportation necessary for the proper execution of the Work, to require new
material and equipment unless otherwise indicated, and to require complete performance of the Work in
spite of omission of specific reference to any minor component part and to include all items necessary for
the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall
be required only to the extent consistent with the Agreement Documents and reasonably inferable from
them as being necessary to produce the intended results.
2.2 ENTIRE AND SOLE AGREEMENT
Except as specifically stated herein, the Agreement Documents constitute the entire agreement between
the parties and supersede all other agreements, representations, warranties, statements, promises, and
understandings not specifically set forth in the Agreement Documents. Neither party has in any way
relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties,
statements, promises or understandings not specifically set forth in the Agreement Documents.
2.3 AMENDMENTS
The parties may modify this Agreement at any time by written agreement. Neither the Agreement
Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an
instrument in writing signed by the party against which enforcement of the change, waiver, discharge or
termination is sought.
2.4 CONSTRUING TERMS
This Agreement shall not be construed against the party who drafted the same, as both parties have
obtained experts of their choosing to review the legal and business adequacy of the same.
2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY
This Agreement shall be. governed by the laws of the State of Florida, and any venue for any action
Pursuant to the Agreement Documents shall be in Indian River County, Florida. The parties hereto
expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising
hereunder.
2.6 TERM
This Agreement shall commence on the day it is executed by both parties and the term of the Agreement
shall extend until the Project is complete unless terminated in accordance with the terms hereunder.
A -7
3.0 DEFINITION OF TERMS
3.1 GENERAL
Whenever the following terms appear in these Agreement Documents, their intent and meaning shall,
unless specifically stated otherwise, be interpreted as shown.
3.2 ACT OF GOD
The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event), tornado or
other cataclysmic phenomenon of nature. Rain, Wind or other natural phenomenon (including tropical
waves and depressions) of normal intensity for the locality shall not be construed as an Act of God.
3.3 ADDENDUM (re: bid documents)
A modification of the plans or other contract documents issued by the City and distributed to prospective
bidders prior to the opening of bids. All Addenda shall be considered as part of the Contract Documents.
3.4 AGREEMENT
A written agreement between the Contractor and the City defining in detail the work to be performed.
The words Agreement and Contract are one and the same.
3.5 A.S.T.M. DESIGNATION
Wherever the letters "A.S.T.M." are used in the Specifications, it shall be understood as referring to the
American Society for Testing Materials. When reference is made to a certain Designated Number of a
specification or test as set out or given by the American Society for Testing Materials, it shall be
understood to mean the current, up -to -date standard specification or tentative specification for that
particular process, material or test as currently published by that group.
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
Bid Bond or Proposal Guarantee will be required for this project.
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3.8 BIDDER
An individual, partnership, or corporation submitting a proposal for the work contemplated; acting
directly or through a duly authorized representative.
3.9 CHANGE ORDER
A written order issued to the Contractor by the City covering changes in the plans, specifications, or
scope of work when the amount of work changed is not deemed sufficient to require a supplemental
agreement, and/or to cover adjustments in the Contract Price or Contract Time.
3.10 CONTRACT ADDENDUM
A special written provision modifying or clarifying the terms and conditions of the Contract. 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 its heirs, executors,
administrators, successors and assigns, or the lawful agent of any such individual, firm, partnership,
covenant or corporation, or its surety under any contract bond, constituting one of the principals to the
Contract and undertaking to perform the work herein.
3.12 DIRECTED, ORDERED APPROVED & ETC
Wherever in the Agreement Document the words "directed ", 'ordered ", "approved ", "permitted ",
"acceptable ", or words of similar import are used, it shall be understood that the direction, order, approval
or acceptance of the Owner is intended unless otherwise stated.
3.13 ENGINEER
A Professional Engineer duly licensed and registered in the State of Florida and designated by the City as
the Engineer -of- Record. For this project the Engineer of Record is the consultant engineer from Neel -
Schaffer. Inc. The City may designate a staff member as the Resident Engineer who is not licensed.
3.14 GENERAL CONDITIONS
The directions, provisions and requirements contained within the Agreement Documents, all describing
the general manner of performing the Work including detailed technical requirements relative to labor,
material equipment, and methods by which the Work is to be performed and prescribing the relationship
between the City and the Contractor.
3.15 INSPECTOR
A duly authorized representative of the City assigned to make official inspections of the 'materials
furnished and of the work performed by the Contractor.
3.16 LABORATORY
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Any licensed and qualified independent 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, no performance or payment bonds for this project.
3.19 PLANS
The official, approved engineering plans, including reproduction thereof, showing the location, design
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.
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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 thereof. A
modification to the Agreement shall be made by Contract Addendum.
3.25 SURETY
Surety is a corporation qualified to act as surety under the laws of Florida, who executes the Contractor's
Performance and Payment Bonds and is bound with the Contractor for the acceptable performance of the
contracted work and for the payment of all debts pertaining thereto.
3.26 WORK, (The) or PROJECT (The)
The public improvement contemplated in the Plans and Specifications, and all actions necessary to
construct the same.
3.27 WORK ORDER
Work orders are work instructions including specifications and plans that show the location, character,
dimensions and details to the work to be done. Work orders are specific instructions, of limited scope,
that will be a part of this contract. Work orders shall be considered as part of the contract documents.
Any Work Orders considered to be Change Orders of any kind shall be in writing and address, at a
minimum, any changes in the scope of work and the related impact on Contract Price / Cost and Time /
Schedule.
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ARTICLE II - Performance
4.0 PLANS, SPECIFICATIONS AND RELATED DATA
4.1 INTENT OF PLANS AND SPECIFICATIONS
The intent of the Plans, Specifications, Work Orders and other Contract Documents is that the Contractor
furnishes all labor and materials, equipment, supervision and transportation necessary for the proper
execution of the Work unless specifically noted otherwise. The Contractor shall do all the work shown on
the Plans and described in the Specifications and other Contract Documents and all incidental work
considered necessary to substantially complete the Work ready for use, occupancy, or operation in a
manner acceptable to the City.
4.2 CONFLICT
In the event of any inconsistency, discrepancy or conflict between the Agreement, the Plans,
Specifications, and other Contract Documents, the Agreement shall prevail and govern over all except a
subsequently executed Contract Addendum; in the event of an inconsistency, discrepancy or conflict
between the Plans and Specifications, the Specifications shall prevail and govern.
4.3 DISCREPANCIES IN PLANS
Any discrepancies found between the Plans and Specifications and site conditions, or any errors or
omissions in the Plans or Specifications, shall be immediately reported to the Engineer and City. The
Engineer shall promptly determine the validity and seriousness of the claimed condition and correct any
such error or omission in writing, or otherwise direct Contractor. Any work done by the Contractor after
his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk.
Any correction or errors or omissions in Plans and Specifications may be made by the Engineer when
such correction is necessary for the proper fulfillment of their intention as construed by the Engineer.
Where said correction of errors or omissions, except as provided in the next two (2) paragraphs below,
adds to the amount of work to be done by the Contractor, compensation for said additional work shall be
made under the Paragraph 10.7 CHANGES IN THE WORK below, except where the additional work
may be classed under some item of work for which a unit price is included in the proposal.
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.
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4.4 DRAWINGS AND SPECIFICATIONS AT JOB SITE
One (1) complete set of all Plans, Specifications, Work Orders, Addenda, Change Orders, Shop Drawings
and samples shall be maintained at the job site, in good order and annotated to show 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 Iatest standards or
tenets of the American Society for Testing Materials.
The testing of samples and materials shall be made at the expense of the Contractor, except where
indicated otherwise. The Contractor shall furnish any required samples without charge. The Contractor
shall be given sufficient notification of the placing of orders for materials to permit testing.
As an exception to the above, when the Contractor represents a material or an item of work as meeting
Specifications and under recognized test procedures it fails, any re- testing shall be at the Contractor's
expense, billed at the Testing Laboratory's standard rate for individual tests.
It is expected that all inspections and testing of materials and equipment will be done locally. If the
Contractor desires that inspections for tests be made outside of the local area, all expenses, including per
diem for the Engineer or Inspectors, shall be borne by the Contractor.
4.7 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) Five (5) 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
two (2) 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.
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(c) The Contractor shall then correct the shop drawings to conform to the corrections and
changes requested by the City and resubmit five (5) copies to the City.
(d) Two (2) copies of Approved Shop Drawings shall be returned to the Contractor by the
City.
4.8 QUALITY OF EOUIPMENT AND MATERIALS
In order to establish standards of quality, the Specifications may refer to certain products by name and
catalog number. This procedure is not to be construed as eliminating from competition other products of
equal or better quality by other manufacturers where fully suitable in design.
The Contractor shall furnish to the City a complete list of his proposed desired substitutions prior to the
signing of the Contract, together with such engineering and catalog data as the City may require. Further
substitutions may be submitted during the course of work in accordance with Paragraph 4.10
SUBSTITUTION OF EQUIPMENTAND /OR 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
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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:
(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.
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5.0 MATERIALS AND WORKMANSHIP
5.1 MATERIALS FURNISHED BY THE CONTRACTOR
All materials and equipment used in the Work shall meet the requirements of the respective
Specifications, and shall not be used until it has been approved in writing by the City.
Wherever the specifications call for an item of material or equipment by a manufacturer's name and type,
and additional features of the item are specifically required by the specifications, the additional features
specified shall be provided whether or not they are normally included in the standard manufacturer's item
listed.
Wherever the specifications call for an item of material or equipment by a manufacturer's name and type,
and the specified item becomes obsolete and is no longer available, the Contractor shall provide a
substitute item of equal or superior quality and performance which is acceptable to the Engineer and City
and is currently available, at no increase in Contract price.
5.2 STORAGE OF MATERIALS
Materials and equipment shall be stored so as to incur the preservation of their quality and fitness for the
Work. When considered necessary, they shall be placed on wooden platforms or other hard clean
surfaces, and not on the ground, and /or they shall be placed under cover. Stored materials and equipment
shall be located so as to facilitate prompt inspection. Private property zoned for or adjacent to land zoned
for residential uses shall not be utilizedfor storage purposes without special prior arrangement.
5.3 REJECTED WORK AND MATERIAL
Any materials, equipment or work which does not satisfactorily meet the Specifications may be
condemned by the Engineer or City by giving a written notice to the Contractor. All condemned
materials, equipment or work shall be promptly taken out and replaced.
All materials and equipment which do not conform to the requirements of the Contract Documents, are
not equal or superior to samples approved by the Engineer and City, or are in any way unsatisfactory or
unsuited to the purpose, for which they are intended, shall be rejected. Any defective work whether the
result of poor workmanship, use of defective materials, damaged through carelessness or from other cause
shall be removed within ten (10) days after written notice is given by the City, and the work shall be re-
executed by the Contractor. The fact that the Engineer or the City may have previously overlooked such
defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to remove
rejected work or materials within ten (10) days after written notice to do so, the City may remove them
and may store the materials and equipment. Satisfaction of warranty work after final payment shall be in
accordance with Paragraph 10.15.
5.4 MANUFACTURER'S DIRECTION
Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used,
cleaned, and conditioned as directed by the manufacturer unless herein specified to the contrary.
5.5 SKILL AND CHARACTER OF WORKERS
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All workers must have sufficient knowledge, skill and experience to perform properly the work assigned
to them. Any supervisor or worker 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.
The Contractor shall at all times be responsible for the conduct and discipline of its 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. Contractor shall restore all such cut or patched work as directed by the Engineer or the City.
Cutting of existing structures that could endanger the Work, adjacent property, workmen or the public
shall not be done unless approved by the Engineer and under Engineer's surveillance.
5.7 CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish
caused by its employees or work. At the completion of the Work, contractor shall remove all rubbish,
tools, scaffolding and surplus materials and shall leave the Work "broom clean" or its equivalent, unless
more exactly specified, and shall insure that all debris and other unsightly objects are removed and
disposed of in a satisfactory manner. At no additional expense to the City, the Contractor will restore to
their original conditions or better, as nearly as practicable, those portions of the site not designated for
alteration and all such property, structure, utilities, landscaping, etc., disturbed or damaged during the
prosecution of the Work. Final payment will be withheld until such clean up and repairs are completed
The Work will be considered complete only after all debris and unused material due to or connected with
the Work have been removed and the surrounding area left in a condition satisfactory to the City. In the
event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after
twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site
cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be
deducted from moneys due the Contractor.
5.8 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.
5.9 GUARANTEE
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The Contractor shall warrant all its material and equipment furnished and work performed for a period of
one (1) year from the date of final written acceptance of the Work by City.
Satisfaction of warranty work after final payment shall be as per Paragraph 10.15. All equipment and
material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to
the Engineer for review and acceptance prior to final payment.
Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of 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 the responsibility to achieve the lines, grades and dimensions shown in the Plans and
Specifications. All construction staking surveys shall be included in the contractors total bid fee.
Prior to final acceptance of the project, the Contractor shall mark in a permanent manner on the surface of
the completed Work all control points shown on the Plans.
6.2 CONTROL POINTS FURNISHED BY THE CITY
The City will provide boundary or other control points and bench marks as shown on the Plans as
"Contractor's Survey Control Point ", if any is provided. The Contractor shall be responsible for all survey
control of his work during construction. The Contractor shall preserve all reference points and
benchmarks furnished by the City.
6.3 FURNISHING OF STAKE MATERIALS
The Contractor shall furnish all stakes, templates and other materials necessary for establishing and
maintaining the lines and grades necessary for control and construction of the Work.
6.4 LAYOUT OF WORK
Utilizing the control points furnished by the City in accordance with Paragraph 6.2, the Contractor shall
establish all horizontal and vertical controls necessary to construct the Work in conformance with the
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 contract items. Survey notes
indicating the information and measurements used in establishing Iocations and grades shall be kept in
notebooks and. furnished to the Engineer with the record drawings for the Project.
6.5 SPECIFIC STAKING REQUIREMENTS
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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 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 prices for the
various items of work to which it is incidental.
6.7 COORDINATION WITH CITY
The City's 'recorded subdivision plats shall be considered correct. The distance, bearing and curve
information provided shall be used by the Contractor's surveyor to establish alignment throughout
construction. All surveying activities will be coordinated with the City's surveyor as needed for proper
completion of all work on the site.
Primary control monuments, originally set by the City, that are disturbed or destroyed during construction
shall .be accurately replaced by the Contractor's 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 utilities 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 any damage caused to
utilities by Contractor forces during the course of construction.
Utilities deemed to require relocation shall be identified by the Contractor prior to commencing work.
The Contractor shall notice the City of the conflict and seek direction from the City prior to proceeding
with work. Directions from the City may be to proceed despite conflict, place work order on hold and
commence work at a different location, or relocate utilities under separate contract with the utility or a
change order to be directed by the City.
7.0 PROGRESS AND COMPLETION OF WORK
7.1 CONTRACTOR'S OBLIGATION
Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor
shall be solely responsible for and have control over construction means, methods, techniques, sequences
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and procedures and for coordinating all portions of the Work under this Contract, unless the Contract
Documents give other specific instructions concerning these matters.
Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor,
materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation,
and other facilities and services necessary for the proper execution and completion of the Work, whether
temporary or permanent and whether or not incorporated or to be incorporated in the Work.
Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other
similar taxes.
Contractor shall enforce strict discipline and good order among Contractor's employees and other persons
carrying out the Work. Contractor shall not permit employment of unfit persons or persons not skilled in
tasks assigned to them.
Contractor currently holds and shall maintain at all times during the term of this Contract all required
federal, state and local licenses necessary to perform the Work required under the Contract Documents.
Contractor shall be responsible to the City for the acts and omissions of Contractor's employees,
Subcontractors and their agents and employees, and other persons performing portions of the Work under
a contract with Contractor. Contractor shall indemnify, defend and hold City harmless from all claims
arising out of or related to its performance of the Work except for acts arising solely from the active
negligence of the City.
7.2 START OF CONSTRUCTION
The Contractor shall commence work on the date specified in the Notice to Proceed subsequently issued
by the City, or as specifically noted in any Contract Addendum. However, in no case shall the Contractor
commence work until the City has been furnished and acknowledges receipt of the Contractor's
Certificates of Insurance and a properly executed performance and payment bond as required.
7.3 CONTRACT TIME
The contractor shall complete, in an acceptable manner, all of the Work in the time stated in the Contract
Agreement and any Addenda or Change Orders thereto. The contract time is 180 consecutive calendar
days from start of work date.
7.4 SCHEDULE OF COMPLETION
The Contractor's schedules are subject to the approval of the City, which shall not be unreasonably
withheld, and shall reflect a logical sequence of the various components of work and the anticipated rates
of production necessary to complete the Work on or before the completion date. Said schedules shall be
submitted within ten (10) days of the execution of the agreement by the City except when requested
otherwise and shall be updated and resubmitted to the City on the twenty -fifth (25th) day of every month
with the Contractor's pay request.
7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE
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The Contractor shall coordinate its work with other contractors, the City, and utilities to assure orderly
and expeditious progress of work.
The City shall hold a pre- construction conference at Sebastian City Hall at a time and date mutually
agreed upon with the Contractor after the Contract has been awarded and fully executed.
7.6 PROPERTY OF OTHERS
A. Public Ownership
The Contractor shall be responsible for the preservation of all public property, trees, monuments, etc.,
along and adjacent to the street and/or right -of -way, and shall use every precaution necessary to prevent
damage or injury thereto. He shall use suitable precautions to prevent damage to pipes, conduits and other
underground structures, and shall protect carefully from disturbance or damage all monuments and
property marks until a land surveyor has witnessed or otherwise referenced their location and shall not
remove them until so directed by the Engineer in writing. The City shall remove and relocate all traffic
control signs as required.
B. Private Ownership
Mail and newspaper boxes, sprinkler systems, ornamental shrubs, lawn ornaments, house numbers,
fences, etc. may be removed and relocated by the property owners. The City will not remove, relocate, or
re- install mail boxes, sprinkler systems, ornamental shrubs, etc. belonging to a private property owner.
However, should such items not be removed or relocated by the start of construction, the Contractor shall
remove the objects, in a manner which does not damage or injure the objects at no extra cost to the City,
which interfere with the construction of the Project and place them on the property owner's front lawn just
outside the project limits.
Otherwise, the Contractor shall not enter upon private property for any purpose without obtaining
permission from the property Owner thereof. Where extensive intrusions upon private property are
required for construction, the City and Contractor shall cooperate to obtain Temporary Construction
Easements from the landowner.
7.7 PROTECTION OF EXISTING UTILITIES AND FACILITIES
All utilities and all structures of any nature, whether below or above ground, that may be affected by the
Work but are not required to be disturbed or relocated by the very nature of the project, shall be protected
and maintained by the Contractor and shall not be disturbed or damaged by Contractor forces during the
progress 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.
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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 in accordance with the Specifications where
applicable and work not covered by the specifications or special provisions shall be done in accordance
with specifications issued for this purpose. Changes in the Work required in an emergency to protect life
and property shall be performed by the Contractor as required.
7.10 EXTENSION OF CONTRACT TIME
No extension of time shall be valid unless given in writing by the City. No monetary compensation shall
be given for such delay.
A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an
extension of time in which to complete the Work as determined by the City provided, however, the
Contractor shall immediately give written notice to the City of the cause of such delay.
"Rain day" extensions shall be granted upon written request of the Contractor to the City's Project
Manager when said Project Manager determines that weather conditions make it counterproductive to
work on said days. "Rain day" requests must be submitted at the end of each work week or be waived,
and the cumulative "rain day" extensions granted shall be processed as a Change Order with each pay
submittal.
In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractor shall be
granted an extension of time to complete the Work for as many calendar days as the Work was
suspended; except, however, that the Contractor will not be granted an extension of time to complete the
Work if the suspension was caused by a fault of the Contractor.
7.11 CORRECTION OF WORK
Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements of the
Contract Documents, whether observed before or after completion of the Work and whether or not
fabricated, installed or completed, and shall correct any Work found to be not in accordance with the
requirements of the Contract Documents within a period of one (1) year from the date of completion of
the Work or by the terms of an applicable special warranty required by the Contract Documents. The
provisions of this Paragraph apply to the Work done by Subcontractors as well as to the Work done by
direct employees of Contractor.
Nothing contained in this Paragraph shall be construed to establish a period of limitation with respect to
other obligations which Contractor might have under the Contract Documents. Establishment of the time
period of one (1) year as described in Subparagraph 7.11(a) above relates only to the specific obligation
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of Contractor to correct the Work, and has no effect on the time within which the obligations of the
Contract Documents may be enforced, nor to the time within which proceedings may be commenced to
establish Contractor's liability with respect to Contractor's remaining contractual obligations.
7.12 LIQUIDATED DAMAGES
In the event Contractor violates or fails to perform any provision of the Contract Documents, then the
City may elect to receive, and Contractor agrees to pay, liquidated damages in the amount of one hundred
dollars !$1001 per day beyond the agreed completion date. Inspection of the Work by the City and the
subsequent issuance of a notice by the City indicating substantial completion will be the date used to
signify work completion. If completion is beyond the schedule agreed upon, liquidated damages may be
imposed by the City on the Contractor and will be withheld from payment.
It is expressly acknowledged by Contractor that said payment shall not be interpreted nor construed as a
penalty but is in fact a good faith attempt to fix damages which the City will suffer in the event
Contractor fails to perform as required hereunder or violates any provision of the Contract Documents.
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 off the project site, under the care, custody or control of the Contractor or any of his subcontractors;
and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures. and utilities not designated for removal, relocation or replacement in the
course of construction.
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The Contractor shall be held fully responsible for such safety and protection until final written acceptance
of the Work.
Fire hydrants on or adjacent to the Work shall be kept accessible to fire fighting equipment at all times.
Temporary provisions shall be made by the Contractor to insure the proper functioning of all swales,
gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed except as
approved by the City.
The Contractor acknowledges that, in executing the Project, it will operate machinery and equipment that
may be dangerous to the adjacent property owners and the general public. The Contractor will be required
to conduct excavations for the Project that may be hazardous to person and property. The Contractor shall
develop and implement a job safety and security plan that will adequately protect all property and the
general public.
Contractor shall rigorously prohibit the committing of nuisances on the site of the Work, on the lands of
the City or an adjacent property.
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 interruption in traffic, and the least inconvenience to the general public and the residents in the
vicinity of the work.
8.3 ROAD CLOSURE AND DETOURS
Local traffic shall be maintained within the limits of the Project for the duration of the construction
period. Closing to through travel lanes including the cross street intersections will not be permitted
without specific authorization of the City. No streets or sidewalks shall be closed to the public except
with the permission of the City and proper governmental authority. When closing of roads is permitted, it
shall require forty-eight (48) hours notification to the City. Traffic detours shall be pre- approved with
signed and sealed Maintains of Traffic (MOT) plans per standard FDOT prior to closing. "Street Closed
to through Traffic' signs and "Detour" routes shall be indicated and maintained by the Contractor when
the job is located in a public or private street.
8.4 PROVISION OF ACCESS
Where traffic must cross open trenches, the contractor shall provide adequate ingress and egress to
dwellings, business facilities, utilities and service. Temporary provisions shall be made by the Contractor
to insure the use of sidewalks. The Contractor shall provide suitable crossings at street intersections and
driveways, and supply such aid as may be required for pedestrians and motorists, including delivery
vehicles, to safely negotiate the construction areas.
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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.
8.7 PLACEMENT OF HEAVY EQUIPMENT
The Contractor shall not leave construction equipment parked in front of commercial or on a
residential /commercial 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 Iocation which would create
a safety hazard to the general public. All keys shall be removed from the machines during those times.
8.8 TEMPORARY FACILITIES AND CONTROLS
The Contractor shall provide controls for sanitary facilities, environmental protection and safety controls
on site acceptable to the Florida Department of Health and Rehabilitative Services, Department of
Environmental -Protection, and St. Johns-River Water Management District.
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8.9 SANITARY PROVISION
The Contractor shall provide and maintain such sanitary accommodations adequate for the use of his
employees and those of his subcontractors, and as may be necessary to comply with the requirements and
regulations of the local and state departments of health.
Such facilities shall be made available when the first employees arrive on site of the Work, shall be
properly secluded from public observation, and shall be constructed and maintained during the progress
of the Work in suitable numbers and at such points and in such manner as may be required or approved.
The Contractor shall maintain the sanitary facilities in a satisfactory and sanitary condition at all times
and shall enforce their use. The City shall have the right to inspect such facilities at all times to determine
whether or not they are being properly and adequately maintained.
Following the period of necessity for such accommodations, they and all evidence affixed thereto shall be
removed.
8.10 WATER AND ELECTRIC SUPPLY
The Contractor shall make all necessary applications and arrangements, and pay all fees and charges for
water and electrical service necessary for the proper completion of the Project up to the time of final
acceptance. The Contractor shall provide and pay for any temporary piping and connections.
8.11 NOISE CONTROL
The Contractor shall provide adequate protection against objectionable noise levels caused by the
operation of construction equipment, and shall submit a plan to the Engineer for review prior to initiation
and implementation of the plan.
8.12 DUST CONTROL
The Contractor shall provide for adequate protection against raising objectionable dust clouds caused by
moving construction equipment, high winds or any other cause, and shall submit a plan to the Engineer
for review prior to initiation and implementation of the plan.
8.13 WATER CONTROL
The Contractor shall provide for satisfactory disposal of surplus water and shall submit a plan to the
Engineer for review prior to initiation and implementation of the plan. Prior approval shall be obtained
from the proper authorities for the use of public or private lands or facilities for such disposal.
8.14 POLLUTION, SILTATION AND EROSION CONTROL
The Contractor shall provide for and take sufficient precautions to prevent pollution of private and public
lands, reservoirs, ponds, rivers, streams, creeks, etc., by the disposal of surplus materials in the forms of
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solids, liquids or gases including, but not limited to, fuels, oils bitumen, calcium chloride or other harmful
materials.
Contractor shall conduct and schedule Work operations so as to avoid or otherwise minimize pollution or
silting of streams, lakes and reservoirs and to avoid interference with movement of migratory fish where
there is a high potential for erosion and subsequent water pollution.
Erosion control features shall be constructed concurrently with other work and at the earliest practicable
time.
The Contractor shall prepare a detailed description of Contractor's plan for Erosion and Turbidity
Control, including location of erosion control and turbidity control devices, marked on a plan set as
needed for clarity. The erosion and turbidity control shall meet the requirements of the St. John's River
Water Management District and the applicable NPDES program. for control of discharge of Total
Suspended Matter, and shall prevent water and wind erosion of open excavations and swales.
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ARTICLE III - 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 of the Contract on the part of the Contractor shall be referred to the Engineer who
will resolve such questions.
9.2 ENGINEER'S DECISION
All claims of a technical nature of the City or Contractor shall be presented to the Engineer for resolution.
9.3 SUSPENSION OF WORK
The City shall have the authority to suspend the Work wholly or in part, for such periods as may be
deemed necessary and for whatever cause, to include but not be limited to, unsuitable weather or such
other conditions as are considered unfavorable for prosecution of the Work, failure on the part of the
Contractor to carry out the provisions of the Contract or to supply materials meeting the requirements of
the Specifications, or the action of a governmental agency, by serving written notice of suspension to the
Contractor. In the event that the Engineer shall become aware of any condition which may be cause for
suspension of the Work, the Engineer shall immediately advise the City of such condition. The Contractor
shall not suspend operations under the provisions of this Paragraph without the City's permission.
9.4 CONSTRUCTION REVIEW OF WORK
All materials and each part or detail of the Work shall be subject at all times to construction review by the
Engineer and the City. The Engineer and the City may appoint inspectors. The Contractor will be held
strictly to the true intent of the Specifications in regard to quality of materials, workmanship, and the
diligent execution of the Contract. Such construction review may include mill, plant, or shop inspection,
and any material furnished under the Specifications is subject to such inspection. The Engineer and the
City shall be allowed access to all parts of the Work and shall be furnished with such information and
assistance by the Contractor as is required to make a complete and detailed review. The City shall not be
responsible for the acts or omissions of the Contractor.
9.5 FIELD TESTS AND PRELIMINARY OPERATION
The Contractor shall perform the work of placing in operation all equipment installed under this Contract,
except as specifically noted hereinafter.
The Contractor shall make adjustments necessary for proper operation.
The Contractor shall provide construction labor required for preliminary operation of the equipment
installed under this Contract. The Contractor shall notify the City when work is considered to be
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complete, in operating condition, and ready for inspection and tests. Further inspection requirements may
be designated in the Technical Specifications.
The City will conduct tests it deems necessary to determine if the Work functions properly. Arrangements
for testing laboratory services will be made by the City. Payment for testing to show compliance with
specified requirements will be paid for by the City. The cost of retesting when materials and
workmanship fail to meet specified requirements will be deducted from moneys due the Contractor.
9.6 EXAMINATION OF COMPLETED WORK
The City may request an examination of completed work of the Contractor at any time before acceptance
by the City of the Work and shall remove or uncover such portions of the finished work as may be
directed. After examination, the Contractor shall restore said portions of the Work to the standard
required by the Specifications. Should the work thus exposed or examined prove acceptable, the
uncovering or removing and the replacing of the covering or making good of the parts removed shall be
paid for as extra work, but should the work so exposed or examined prove unacceptable, the uncovering,
removing and replacing shall be at the Contractor's expense.
9.7 CONTRACTOR'S SUPERINTENDENT
A qualified superintendent, who is acceptable to the City, shall be maintained on the project and give
sufficient supervision to the Work until its completion. The superintendent shall have full authority to act
on behalf of the Contractor, and all communications given to the superintendent shall be considered given
to the Contractor. In general, such communications shall be confirmed in writing and always upon written
request from the Contractor.
9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES
Upon failure of the contractor to perform the work in accordance with the Contract Documents, including
any requirements with respect to the Schedule of Completion, and after five (5) days written notice to the
Contractor, the City may, without prejudice to any other remedy he may have, correct such deficiencies.
The Contractor shall be charged all costs incurred to correct deficiencies.
9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK
In the event of any default by the Contractor, the City shall have the right to immediately terminate the
Contract upon issuance of written notice of termination to the Contractor stating the cause for such action.
This Agreement may be terminated by the City without cause provided at least thirty (30) days written
notice of such termination shall be given to the Contractor. In the event of termination, the City may take
possession of the Work and of all materials, tools and equipment thereon and may finish the Work by
whatever method and means it may select.
It shall be considered a default by the Contractor whenever Contractor shall:
(a) Declare bankruptcy, become insolvent or assign his assets for the benefit of his creditors.
(b) Disregard or violate the provisions of the Contract - Documents or City's written
instructions, or fail to prosecute the Work according to the agreed schedule of completion
including extensions thereof.
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(c) Fail to provide a qualified superintendent, competent workmen or subcontractors, or
proper materials, or fail to make prompt payment for same.
9.10 RIGHTS OF VARIOUS INTERESTS
Wherever work being done by the City's forces or by other contractors is contiguous to work covered by .
the Contract, the respective rights of the various interests involved shall be established by the City, to
secure the completion of the various portions of the Work in general harmony.
9.11 SEPARATE CONTRACTS
The City may let other contracts in connection with the Work of the Contractor. The Contractor shall
cooperate with other Contractors with regard to storage of materials and execution of their work. It shall
be the Contractor's responsibility to inspect all work by other contractors affecting Contractor's work and
to report to the City any irregularities that will not permit completion of work in a satisfactory manner.
Contractor's failure to notify the City of such irregularities shall indicate the work of other contractors has
been satisfactorily completed to receive related work. It shall be the responsibility of the Contractor to
inspect the completed work in place and report to the Engineer immediately any difference between
completed work by others and the Plans.
9.12 SUBCONTRACTS AND PURCHASE ORDERS
Prior to signing the Contract or at the time specified by the City, the Contractor shall submit in writing to
the City the names of the subcontractors proposed for the Work. Subcontractors may not be changed
except at the request or with the approval of the City. The Contractor is responsible to the City for the
acts and omissions of its subcontractors and their direct or indirect employees, to the same extent as he is
responsible for the acts and omissions of its employees. The Contract Documents shall not be construed
as creating a contractual relation between any subcontractors and the City. The Contractor shall bind
every subcontractor by the terms of the Contract Documents.
For convenience of reference and to facilitate the letting of contracts and subcontracts, the Specifications
are separated into title sections. Such separations shall not, however, operate to make the Engineer or City
an arbiter to establish limits to the contracts between the Contractor and subcontractors.
9.13 WORK DURING AN EMERGENCY
The Contractor shall perform any work and shall furnish and install materials and equipment necessary
during an emergency endangering life or property. In all cases, Contractor shall notify the Engineer and
City of the emergency as soon as practicable, but shall not wait for instructions before proceeding to
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
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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 from 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 WORK
Work done without lines and grades having been established, work done without proper inspection, or
any changes made or extra work done without written authority will be done at the Contractor's risk and
will be considered unauthorized, and, at the option of the City, may not be measured and paid for.
9.17 USE OF COMPLETED PORTIONS OF THE WORK
The City shall have the right to use, occupy, or place into operation any portion of the Work that has been
completed sufficiently to permit safe use, occupancy, or operation, as determined by the Engineer. If such
use, occupancy, or operation increases the cost of or delays the Work, the Contractor shall be entitled to
extra compensation, or an extension of time, or both, as determined by the Engineer. However, if
Contractor has failed to complete the Work in accordance with the time requirements of the Agreement,
no compensation (including set -offs to liquidated damages) shall be allowed for such use or occupancy.
9.18 CONTRACTOR'S RESPONSIBILITY FOR WORK
Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor, and he
shall take every necessary precaution against injury or damage to the Work by the action of the elements
or from any other cause whatsoever, whether arising from the execution or from the non - execution of the
Work. The Contractor shall rebuild, repair, restore and make good, without additional compensation, all
injury or damage to any portion of the Work occasioned by any cause, other than the sole and active
negligence of the City, before its completion and acceptance.
10.0 MEASUREMENT AND PAYMENT
10.1 DETAILED BREAKDOWN OF CONTRACT
Except in cases where unit prices form the basis for payment under the Contract, the Contractor shall
submit a complete breakdown of the contract amount showing the value assigned to each part of the
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Work, including an allowance for profit and overhead within ten (10) days of the execution of the
Contract by the parties. Upon approval of the breakdown of the contract amount by the Engineer and the
City, it shall be used as the basis for all requests for payment.
10.2 REQUEST FOR PAYMENT
The Contractor may submit to the City not more than once each month a request for payment for work
completed. Where applicable, the Contractor may choose to submit a request for payment at the
substantial completion of each work order. The City may elect to provide its own form for the Contractor
to submit progress payment requests. The standard form provided by the City, or a form presented by the
Contractor having received prior approval from the City, can be used for the submittal of a progress
payment.
The Contractor shall furnish the Engineer and the City all reasonable facilities required for obtaining the
necessary information relative to the progress and execution of the Work. In addition to each month's
invoice, an updated project schedule shall be submitted.
Each request for payment shall be computed from the work completed to date on all items listed in the
detailed breakdown of the contract amount less previous payments and back charges. Progress payments
on account of Unit Price Work will be based on the number of units completed at the time the payment
request was dated by the Contractor. If payment is requested on the basis of materials and equipment not
incorporated in the project but delivered and suitably stored at the site or at another location agreed to in
writing, the payment request shall also be accompanied by a bill of sale, invoice or other documentation
warranty that the City has received the materials and equipment free and clear of all liens, charges,
security interests and encumbrances, all of which shall be satisfactory to the City. No payments shall be
made for materials stored on site without approval of the City.
An amount of 10% of each monthly pay request shall be retained until final completion and written
acceptance of the Work by the City. Payment of the retainage shall be included in the Contractor's final
pay request in accordance with Paragraph 10.14. Any deviation in the release or partial release of the
10% retainage shall be at the sole discretion of the City, but in no case earlier than completion of the
Engineer's "punch list inspection ".
Any request for payment shall be accompanied by claim releases for work done or materials furnished in
accordance with Paragraph 10.13.
Prior to submission of any request for payment by the Contractor, the Engineer shall review the request
for payment to determine the following:
(a) That the work covered by the request for payment has been completed in accordance with
the intent of the Plans and Specifications.
(b) That the quantities of work have been completed as stated in the request for payment,
whether for a unit price contract or for payment on a lump -sum contract.
10.3 CITY'S ACTION ON A 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:
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(a) Approve and pay the request for payment as submitted.
(b) Approve and pay such other amount of the request for payment in accordance
with Paragraph 10.4 as the City shall decide is due the Contractor, informing
the Contractor in writing of the reasons for paying the amended amount.
(c) Disapprove the request for payment in accordance with Paragraph 10.4 informing
the Contractor in writing of the reasons for withholding payment.
10.4 CITY'S RIGHT TO WITHHOLD PAYMENT OF A REQUEST FOR PAYMENT
The City may withhold payment in whole or in part on a request for payment to the extent necessary for
any of the following reasons:
(a) Work not performed but included in the request for payment, or the contract Price
has been reduced by written change order.
(b) Work covered by the request for payment which is not in accordance with the Plans,
Specifications and generally accepted construction practices, including if, in the opinion of
the City, there is sufficient evidence that the Work has not been satisfactorily completed,
or based upon tests and/or inspections the work is defective or has been damaged
requiring correction or replacement.
(c) In the event of a filing of a claim or lien, or information received by City of a
potential filing of a claim or lien against the Contractor or City.
(d) Failure of the Contractor to make payments to subcontractors, material suppliers
or labor.
(e) Damage to another contractor.
(f) The City has had to correct a defect in the Work, or there are other items entitling
the City to a set -off against the amount recommended.
(g) Default of any of the provisions of the Contract Documents.
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10.5 PAYMENT FOR UNCORRECTED WORK
Should the City direct, in writing, the Contractor not to correct work that has been damaged or that was
not performed in accordance with the Contract Documents, an equitable deduction from the contract
amount shall be made to compensate the City for the uncorrected work.
10.6 PAYMENT FOR REJECTED WORK AND MATERIALS
The removal of work and materials rejected under Paragraph 5.3 and the re- execution of work by the
Contractor shall be at the expense of the Contractor and the Contractor shall pay the cost of replacing the
destroyed or damaged work of other contractors by the removal of the rejected work or materials and the
subsequent re- execution of that work. In the event that City incurs expenses related thereto, Contractor
shall pay for the same within thirty (30) days after written notice to pay is given by the City. If the
Contractor does not pay the expenses of such removal, after ten (10) days written notice being given by
the City of its intent to sell the materials, the City may sell the materials and shall pay to the Contractor
the net proceeds there from after deducting all the costs and expenses that are incurred by the City.
If the proceeds do not cover the expenses incurred by the City, such additional amounts may be set -off
against any payments due Contractor.
10.7 CHANGES IN THE WORK
A. Change Orders
If conditions require a change in the scope of work or additional work varying from the original Plans or
Specifications, such change shall be effected by the Contractor when the City issues a written Change
Order. The Change Order shall set forth in complete detail the nature of the change, the change in the
compensation to be paid the Contractor and whether it is an addition or a reduction of the original total
contract cost. Should additional or supplemental drawings be required, they will be furnished by the
Engineer. All Change Orders shall address the impact of the change on both Contract Price / Cost and
Contract Time / Schedule.
Compensation to be paid to the Contractor for accomplishing the work of a Change Order shall be
established in one of the following ways:
(a) By Iump 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.
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B. Claims
Claims arising from changes or revisions made by the Contractor at the City's request shall be presented
to the City before work starts on the changes or revisions. If the Contractor deems that extra
compensation is due for work not covered herein, or in Supplemental Agreement, the Contractor shall
notify the City in writing of its intention to make claim for extra compensation before work begins on
which the claim is based. If such notification is not given and the City is not afforded by the Contractor a
method acceptable to the City for keeping strict account of actual cost, then the Contractor hereby waives
its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not
notified as described above. The Contractor may refuse to perform additional work requested by the City
until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that
the City has kept account of the costs as aforesaid shall not in any way be construed as proving the
validity of the claim.
10.8 CANCELED ITEMS OF WORK
The City shall have the right to cancel those portions of the contract relating to the construction of any
item provided therein. Such cancellation, when ordered by the City in writing, shall entitle the
Contractor to the payment of a fair and equitable amount covering all costs incurred by Contractor
pertaining to the canceled items before the date of cancellation or suspension of the Work. The
Contractor shall be allowed a profit percentage on the materials used and on construction work actually
done, at the same rates as provided for "Changes in the Work ", but no allowance will be made for
anticipated profits. Acceptable materials ordered by the Contractor or delivered on the site before the
date of such cancellation or suspension shall be purchased from the Contractor by the City at actual cost
and shall thereupon become the property of the City.
10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY
If the Work or any part thereof shall be suspended by the City as provided in Paragraph 9.3, the
Contractor will then be entitled to payment for all work done except as provided in Paragraph 18.4.
10.10 PAYMENT FOR WORK BY THE CITY
The cost of the work performed by the City removing construction materials, equipment, tools and
supplies in accordance with Paragraph 5.7 and in correcting deficiencies in accordance with Paragraph
9.8 shall be paid by the Contractor.
10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION OF CONTRACT
A. Termination by City for Cause
Upon termination of the contract by the City for cause, including abandonment or termination by
Contractor, the City may enter into an agreement with others for the completion of the Work 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 meruit 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.
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
fmal request for payment. The Contractor's final request for payment shall be the contract amount plus
all approved written additions less all approved written deductions and less previous payments made. As
a condition for Final payment, a Contractor's Final Affidavit must be received by the City along with his
Final Payment Request and any as -built drawings which may be required. The Contractor shall furnish
full and final releases of Claim for labor, materials and equipment incurred in connection with the Work,
following which the City will release the Contractor except as to the conditions of the performance bond,
any legal rights of the City, required guarantees and satisfaction of all warranty work, and shall authorize
payment of the Contractor's final request for payment.
10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT
The making of the final payment by the City to the Contractor shall not relieve the Contractor of
responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty
materials and workmanship and the Contractor shall promptly replace any such defects discovered within
one (1) year from the date of final written acceptance of the Work by the City.
11.0 PUBLIC CONTRACT REOUIREM ENTS
11.1 COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for the Contractor, to solicit or secure this Agreement and that it has not
paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide
employee working solely for the Contractor, any fee, commission, percentage, gift or any other
consideration contingent upon or resulting from the award or making of this Agreement. For the breach
or violation of this paragraph, the City shall have the right to terminate the Agreement without liability
and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee,
commission, percentage, gift or consideration.
11.2 INTEREST OF MEMBERS OF CITY AND OTHERS
No officers, members or employees of the City and no member of its governing body, and no other public
official of the governing body of the locality or localities in which services for the facilities are situated
or carried out, who exercises any functions or responsibilities in the review or approval of the
undertaking or carrying out of this project, shall participate in any decision relating to this Agreement
which affects such person's personal interest, or have any personal or pecuniary interest, direct or
indirect, in this Agreement or the proceeds thereof.
11.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING
The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on behalf
of the Contractor to any person for influencing or attempting to influence any officer or employee of any
Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member
of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant,
the making of any Federal loan, the entering into of any cooperative agreement and the extension,
continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative
agreement.
If any funds other than Federal appropriated funds have been paid by the Contractor to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a member of
Congress, an officer or employee of Congress or an employee of a member of Congress in connection
with this Agreement, the undersigned shall complete and submit Standard Form- "Disclosure Form to
Report Lobbying" in accordance with its instructions.
11.4 INTEREST OF CONTRACTOR
The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or
indirect, which shall conflict in any manner or degree with the performance of services required to be
performed under this Agreement. The Contractor further covenants that in the performance of this
Agreement, no person having any such interest shall be employed. The Contractor shall not undertake
any professional work which conflicts with its duties as the City's Contractor without the prior written
consent of the City during the term of this Agreement. Any work where the Contractor can reasonably
anticipate that it may be called to testify as a witness against the City in any litigation or administrative
proceeding will constitute a conflict of interest under this Agreement.
11.5 PUBLIC ENTITY CRIMES
The Contractor shall file the attached sworn statement which is entitled PUBLIC ENTITY CRIMES,
stating whether a person or affiliate as defined in Section 287.133 (1) Florida Statutes, has been
convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of said
statute.
11.6 DRUG -FREE WORKPLACE
The Agreement documents also include the "Drug -Free Workplace Form" which is in accordance with
Florida Statute 287.089 and must be signed and instituted.
11.7 COMPLIANCE WITH LAWS
Contractor shall comply with all applicable federal laws that in any way regulate or impact the Work,
including, but not limited to, The Clean Air Act (42 USC §7506(c)), The Endangered Species Act (16
USC §1531, et seq.), Executive Order No. 11593, Executive Order No. 11988, Executive Order No.
11990, The Fish and Wildlife Coordination Act (PL 85 -624), The Safe Water Drinking Act Section
1424(e) (PL 93 -523, as amended), The Wild and Scenic Rivers Act (PL 90 -542, as amended), The
Demonstration Cities and Metropolitan Development Act of 1966 (PL 89 -754), Section 306 of The Clean
Air Act, Section 508 of The Clean Water Act, Executive Order No. 11738, The Civil Rights Act of 1964
(PL 88 -352), The Age Discrimination Act (PL 94 -135), Section 13 of The Federal Water Pollution
Control Act (PL 92 -500), Executive Order No. 11246, Executive Order No. 11625, Executive Order No.
12138, Executive Order No. 12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and
Health Act and applicable regulations, and the Americans with Disabilities Act (PL 101 -336).
11.8 INSURANCE
The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and
maintain said insurance during the life of this agreement:
(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 Contractor has obtained all the
insurance required under this paragraph and certificates of such insurance have been submitted to the
City, nor shall the Contractor allow any subcontractor to commence work on a subcontract until all
insurance required has been so obtained and approved by the City. The Contractor shall carry and
maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect
Contractor and any subcontractor performing work under this Contract, or the City, from all claims and
liability for damages for bodily injury, including accidental death, under this Contract, whether by
Contractor or by any subcontractor or by any one directly or indirectly employed by either of them.
The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance,
naming the City as an additional insured party, prior to the start of construction as provided in the
Contract.
11.9 BOND
The Contractor shall provide Bonds in the form prescribed by State Law, and generally as shown in these
Documents, for Performance and Payment, each in the amount of 100% of the total contract amount.
11.10 PERMITS
All City and St. John's River Water Management District permits and other permits necessary for the
prosecution of the Work shall be secured by the City, except for Contractor's licenses and registrations,
and dewatering permits that may be required by St. Johns River Water Management District (SJRWMD).
Contractor shall secure a building permit if required by the City's Building Official.
11.11 LAWS TO BE OBSERVED
The Contractor shall give all notices and comply with all federal, state and local laws, ordinances, permit
requirements and regulations in any manner affecting the conduct of the Work, and all such orders and
decrees as enacted by bodies or tribunals having any jurisdiction or authority over the Work, and shall
indemnify and save harmless the City and Engineer against any expense, claim or liability arising from,
or based on, the violation of any such law, ordinance, regulation, permit requirements, order or decree,
whether by Contractor or its employees. The failure of the Contractor to adhere to any known law or
regulation pertaining to furnishing services under this Agreement shall constitute a material breach of
this Agreement.
The Contractor shall keep fully informed of all existing and pending state and national laws and
municipal ordinances and regulations in any manner affecting those engaged or employed in the Work, or
in any way affecting the conduct of tribunals having any jurisdiction or authority over the same. If any
discrepancy or inconsistency is discovered in the Plans, Specifications, or Contract for this work in
relation to any such law, ordinance, regulations, order or decree, Contractor shall forthwith report the
same to the Engineer and City in writing. Contractor shall at all times himself observe and comply with
and cause all its agents, subcontractors and employees to observe and comply with decrees; and shall
protect and indemnify the City and Engineer, their officers, employees and agents against any expense,
claim or liability arising from or based upon violation of any such law, ordinance, regulations, orders or
decree, whether by Contractor or its employees.
All building construction work alterations, repairs or mechanical installations and appliances connected
therewith shall comply with the applicable building rules and regulations, restrictions and reservations of
record, local ordinances and such other statutory provisions pertaining to this class of work.
11.12 PUBLIC RECORDS
Contract Name: Construction Services Agreement between the City of Sebastian and Timothy Rose
Contracting, Inc.
Project Description: Presidential Streets / Roadway and Drainage Improvements
In accordance with the requirements of Chapter 119 Florida statutes, as amended, the contract
between the City of Sebastian and the Contractor shall require the contractor to:
a) Comply with the public records law of the State of Florida, as the same may be amended
from time to time.
b) Keep and maintain public records that ordinarily and necessarily would be required by the
City in order to perform services, and
C) Provide the public with access to public records on the same terms and conditions that
the City would provide the records and at a cost that does not exceed the cost provided in this chapter or
as otherwise provided by law, and
e) Meet all requirements of retaining public records and transfer, at no cost, to the City all
public records in possession of the contractor upon termination of the contact and destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure requirements. All
records stored electronically must be provided to the City in a format that is compatible with the
information technology systems of the City.
12.0 MISCELLANEOUS
12.1 ADDRESSES FOR NOTICES
All notices given under or in connection with any of the Contract Documents shall be delivered in person
or by telegraph or email (confirmed) or registered or certified mail to the parties at the address as either
party may by notice designate.
12.2 WRITTEN NOTICE
Written notice shall be considered as served when delivered to the designated representative of the
Contractor and receipt acknowledged or sent by registered mail to the individual, firm, or corporation to
the business address stated in Bid Proposal.
Change of Address: It shall be the duty of each party to advise the other parties to the Contract as to any
changes in his business address until completion of the Contract.
A -40
12.3 TAXES
Contractor shall pay all sales or other taxes of any type which may be incurred in connection with the
Work hereunder, and shall reimburse the City for any such taxes paid by the City.
12.4 TIME IS OF VITAL IMPORTANCE
It is agreed and understood that time is of vital importance with respect to the completion date for the
Work and all other provisions of the Contract Documents.
12.5 NO WAIVER OF LEGAL RIGHTS
Neither the payment for, nor acceptance of the whole or any part of the Work by the City or
representatives of the City, nor any extension of time, nor the withholding of payments, nor any
possession taken by the City, nor the termination of employment of the Contractor shall operate as a
waiver of any portion of the Contract or any power therein reserved or any right therein reserved or any
right therein provided, nor shall the waiver by the City of any of the Contractor's obligations or duties
under this Agreement constitute a waiver of any other obligation or duty of the Contractor under this
Agreement.
12.6 RIGHT TO WORK PRODUCT
No reports, data, programs or other material produced in whole or in part under this Agreement shall be
subject to copyright by the Contractor, in the United States or in any other country. The City or its
assigns shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or
in part, any reports, data, programs or other material prepared under this Agreement. All tracings, plans,
specifications, maps, computer programs and data prepared or obtained under this Agreement shall
remain the property of the City. Any use of any plans and specifications by the City except the use
reasonably contemplated by the City at the time the City entered this Agreement will be at the City's risk
and Contractor, its officers, directors and employees, will be held harmless from such use.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day
and year first above written.
ATTr `
Sally A. Mai
-- MMC
(SEAL)
Approved as to Form and Content for:
Reli ce by the City of Sebastian Only
Robert Ginsburg, City Attorney
Signed, sealed and delivered
in the presence of:
NAME: `J e nn i k iw
4�.�
NAME:
J ea,Y, cwt �a- -beL�.
THE CITY OF SEBASTIAN
r
By:
Name: Joseph Griffin
Title: Interim City Manager
CONTRACTOR - ----
A -42
a >4�
Name: , •
Title:
��q
Debbie Krueger
From: Debbie Krueger
Sent: Tuesday, February 04, 2014 12:55 PM
To: 'Tim Rose Contracting'
Cc: Jean Tarbell; 'Frank Watanabe'; Linda Kinchen; Joseph Griffin; Jerry Converse; Nancy Veidt;
Kenneth Killgore
Subject: Sebastian - Presidential Street - Tim Rose Construction Services Agreement Amount
Attachments: doc20140204123303.pdf
t
doc2014020412330
3.pdf (1 MB)
Hi All,
There has been some discussion on what the exact amount of the Tim Rose Contract Amount should be.
Per the attached bid detail and the summary from the City Council Agenda transmittal and approval, my records show the
contract amount should be $831,132.55.
Total Clevelend Bid - $590,258.25
Total Washington Bid - $302,523.30, which includes amount missing to install 6" Thick Concrete Driveways
Total Martin Bid - $57,351.00
Total Bid Amount - $950,132.55
Addendum to Bid or Change Order to Contract - either way - deducts
Less:
Slip Lining - ($88,000) - on Cleveland
Concrete Pipe to Plastic- ($31,000) - on Cleveland and Washington
Total Deducts - ($119,000)
Final Contract $831,132.55
Please review the attachments and confirm we are all in agreement as to the final amount.
Thank you,
Debra Krueger, CGFO
City of Sebastian
Administrative Services Director
Telephone #772- 388 -8202
Fax #772 - 388 -8249
email address: dkrueger@cityofsebastian.org
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"9-?' y'9 ion street. - Bid Item List -Sheet B
DESCRIPTION
General
11- 214013: Addendum No. ,3
6600
Maintenance of Traffic
145
6600
Mobilization
LS
4
Subtotal General
LS
Total
I. Site Preparation
45612
38001
Clearing and Grubbing
13
4560
Remove and Dispose Ex Curb
AC
5.5
Remove and:Dispose Ex Ashpalt and Concrete
LF
SY
1060
Remove Ex Pipe
3976.
12
Remove and Dispose Ex Box Structure and Pipe
LF
EA
2328
Adjust Ex Water Box w/Traffic Lid:
3
Remove and Relocate Ex. WPP and Street Light
EA
EA
2
Relocate Water. Mains
400
1500
Remove Ex. Headwall
EA
3000
Subtotal 1. Site Preparation
EA
II.. Roadway and Concrete
750
1
Sawcut Ex. Driveways
750
•
Install 2" SP 9.5 Asphalt Pavement
LF
22529
Install Base 8" Compacted Conquina Rock
TN
SY
2641
Install 12" Type B Stabilized Subgrade
3805
Install - Type'F' Curb
SY
Subtotal IV. Landscaping and Lighting
In_ I!JYPe.'D' Curb;
LF
770
Install Type tf 6dified Curb
LF
Install Miami Curb
LF
;Install
Stamped'Concrete Brick Pattern
LF
6" Subgrade (compacted, to min. 98% max) for S/W
Install 4" thick concrete sidewalk
SF
SY
Install
6" Thlck'Concrete Driveways
SY
SY
Subtotal II. Roadway and Concrete
Install 6" Solid White striping for parking
III.
Drainage
265
Install
Silt Fence
LF
Install
Silt Fence Inlet Protection
LF
Install
,,.
24" Reir forced Concrete Pine [Rrm
ELF
11- 214013: Addendum No. ,3
6600
1
145
6600
39012
1
4
39012
1b.
Total
10
45612
38001
1.20
13
4560
4
954
5.5
3816
3.75
1060
32
3976.
12
194
EA
2328
800
3
2400
200
2
111,960.5(
400
1500
2
3000
650
2
1300
750
1
750
•
Total
Install Pedestrian Lighting (foundation, conduits, wiring, etc.
22529
4.5
205
145
105
0.4
1082
4
1Q82
1b.
170
10
660
10
115
13
500
7
• 4230
5.5
210
27
175
32
162
5241
Total
N 2.75 ..490
;26 60
1155
4725
3.30 89, 2o2 30
Install Shallow Drainage Areas
.
18$2''
4
• "7M
Install Type'D' Structure with Manhole
600
2
12C
Install Type 'D' Structure with Grate (Indian River Dr)
E
1582
2
336
Install Baffle Box
1945
3
583
Install Type 9 Inlet Box
EA
524:10
1
5241
Subtotal III. Drainage
EA
1916
1
191
Total
111,960.5(
IV. Landscaping and Lighting
Install New Trees
Install Landscape Irrigation
250
8
2001
Install Pedestrian Lighting (foundation, conduits, wiring, etc.
EA
2640
1
2641
Sod Disturbed Areas
3805
6
22831
Subtotal IV. Landscaping and Lighting
SY
2'75
770
2117.!
Total
29,687.50
V. Signage, Striping and Ramps
Install 6" Double Yellow Striping
Install 6" Solid White striping for parking
LF
4
265
1060
Install Stop Bar
LF
2
420
84C
ADA Ramps with truncated domes
EA
250
2
50C
Subtotal V. Signage, Striping and Ramps
EA
616
2
1232
E3,
Total
TOTAL BID FEE 362,.523 30
Martin--Avenue.-, -.Shedt.0
b t s� �q RR Wtf N-:
e ral
/ne
Maintenance of Traffic
Mobilization
Subtotal General
1. Site Preparation.
Sawcutt Existiiig-Pavem eint
Remove Exttstng Asphalt'
Subtotal li,. f
11. Paving/Grading
Install 2" SP 9 * 5:A S'phalt Pavement
Install 8" Base. C6 ' mpacted. Coquina Rock
Install 11" Type I -B.:bitiibilized I -gubbase
Subtotal II.'Pav1rWPrad1ng-
III: Drainage
uMe
Install Concrete
Subtotal III Dral
n'sige,
IV. Signagpind.Stripffig
In stall Stop' Bar (#)btmo':pIastlq)
Subtotal IV.'Slg6i�gepnidi Striping
TOTAL BID, F
P-4
21=2013 Addendum No. 3
Inift
Cost' "
Odafitl
-AMOUI
LS
LS
LF
SY
TN
SY
SY
4344
1
Total..
170
1030
Total
140
1030
1030
Total
12465
4.5
4.5
129
6,400
1
10.4
1 C
4
4
1 32
LS 1 1500 1 1 1 .. 1
Total I' --AX00
EA 375 2
Total
11 T
"Presidential Streets — Roadway and Drainage Improvements"
Bid Due: No Later Than 2:00 P.M. on Wednesday, November 13, 2013
Bid Opening: Beginning at 2:00 P.M. on Wednesday, November 13, 2013
BID PROPOSAL PRICE FORM
The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated
herein and having attended a Pre -Bid Conference / Meeting, hereby proposes to perform everything
required to be performed in strict conformity with the requirements of these documents, meeting or
exceeding the specifications as set forth herein for the price(s) quoted below. The price(s) quoted is (are)
inclusive of any Addenda which may have been issued prior to this submittal. By the signature below, the
Vendor agrees that this Bid Proposal is made without any other understanding, agreement, or connection
with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all
respects fair and without collusion or fraud. If awarded any work under this bid proposal, the Vendor
agrees to enter into said agreement within ten (10) consecutive calendar days notice by the City, and
agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the
below stipulated price which shall remain firm for sixty (60) days following bid opening date.
The construction bid items for this project is listed on the following page to be completed and
submitted as part of the bid documents. The City has the right to award this project based on the total
bid estimate and other factors to be considered by the city.
NOTE: VENDOR WARRANTS TOTAL CONTRACT TIME SHALL NOT EXCEED 180 CONSECUTIVE
CALENDAR DAYS.
-100
Name of Firm (Please Type
3�a TDlvI'
0
Firm's Address: v "
VOZO
Telephone Number(s): Fax Numbber(s): Email Address (es):
lVb OSC- 12ee
Name and Title of o �1,r entative (Please Type or Print)
ll ``tt
_ , �
Signature of Authorized Representative Date Signed
3aq-6 a
Complete and submitted Bid Sheets A, B and C on the following pages and provide totals for each
bid item below:
1. Cleveland Street Bid List A
2. Washington Street Bid List B
3. Martin Avenue Bid List C
Total Bid Fee
$
$ 00
$
P -1
Timothy Rose ontractinq. Incorporated
Cleveland Street - Bid Item List - Sheet A 11 -21 -2013 Addendum No.3
DESCRIPTION
Units
Cost
Quantity
AMOUNT
General
Maintenance of Traffic
Mobilization
Subtotal General
I. Site Preparation
Clearing and Grubbing
Remove and Dispose Ex Curb
Remove and Dispose Ex Ashpalt
Remove and Dispose Ex Concrete
Remove and Dispose Ex Trees
Relocate Ex Sewer Valves
Relocate Ex Water Meter
Relocate Ex. Guy Wire
Power pole to be relocated
Relocate Ex. Gate Posts with Chain
Relocate Sewer Box
Relocate Ex Mailbox
Relocate Ex Signs
Demuck Existing Swale Prior to Pipe Installation
Remove and Dispose Ex Structure
Remove and Dispose Ex Drainage Pipe
Remove and Replace Ex Driveways for Pipe Installation
Subtotal I. Site Preparation
II. Roadway and concrete
Sawcut Existing Driveways
Install 1.5" SP 9.5 Asphalt Pavement
Install Base 8" (compacted coquina rock)
Install 12" Type B Stabilized Subgrade
Install Type 'F Curb
Install Type 'D' Curb
Install Type'D1" Mod Curb
Install Miami Curb
Install Stamped Pavement Brick Pattern
6" Subgrade (compacted to min. 98% max) for SAN
Install 6" Thick Driveways
Install 4" thick concrete sidewalk
Subtotal U. Roadway and Concrete
III. Drainage
Install Silt Fence
Install Silt Fence Inlet Protection
Install 24" Reinforced Concrete Pipe (RCP)
Install 19'X30' ERCP
Install 30" RCP
Install Miami Curb Inlet
Install Shallow Drainage Areas (Sod)
Install Type 9 Inlet
Install Type 'D' Box w/Manhole Indian River Drive
Install Type 'D' Box w /Grate Top
Install Type 'H' Box w /Grate Top
Slip Line Existing 48" Pipe
Install Baffle Box
Subtotal III. Drainage
IV. Landscaping and Lighting
Install New Trees
Install Irrigation System (see Schematic Layout)
Sod Disturbed Areas
Install Pedestrian Lighting (foundation, Conduits, etc)
Subtotal IV. Landscaping and Lighting
V. Signage, Striping and Ramps
Install 6" Double Yellow Striping
6" white solid striping for parking
Install Stop Bar (Thermo plastic)
ADA Ramps with Tuncated domes
Subtotal V. Signage, Striping and Ramps
LS
LS
AC
LF
SY
SY
EA
EA
LS
EA
EA
EA
EA
EA
EA
LS
EA
LF
SF
LF
TN
SY
SY
LF
LF
LF
LF
SF
SY
SY
SY
LF
LF
LF
LF
LF
EA
LS
EA
EA
EA
EA
LF
EA
EA
LS
SY
EA
LF
LF
EA
EA
24578
1
1
Total
1.05
1057
1627
505
38
5
2
1
1
2
3
3
4
1
8
340
612
Total
240
270
2200
2200
210
900
960
980
6400
632
336
692
Total
1,750
60
560
50
480
5
3
2
1
5
1
320
1
Total
16
1
3300
10
Total
546
520
2
2
Total
24578
45792
45792
3800
70370
3990
4
4228
3.75
6101.25
7.3
3686.5
100
3800
250
1250
250
500
150
150
500
500
300
600
250
750
107
321
125
500
737
737
800
6400
12
4080
6
3672
4.5
41,265.75
1080
114
30780
10.4
22880
4
8800
15
3150
10
9000
10
9600
12.5
12250
7
44800
5.5
3476
32
10752
27
18684
2.65
175,252.00
4637.5
26
1560
63
35280
68
3400
78
37440
1882
9410
750
2250
1616
3632
1632
1632
1946
9730
2605
2605
275
88000
43280
43280
250
242,856.50
4000
4400
4400
3
9900
3605
38050
4
56350
2184
2
1040
250
500
220
440
4,164.00
TOTAL BID FEE
$1,110,146.50
Y -2
Timoth f Rose Contracting Incornoratpci
Washington Street - Bid Item List - Sheet B 11 -21 -2013 Addendum No. 3
DESCRIPTION
Units
UNITS
Quantity
AMOUNT
General
Maintenance of Traffic
Mobilization
Subtotal General
I. Site Preparation
Clearing and Grubbing
Remove and Dispose Ex Curb
Remove and Dispose Ex Ashpalt and Concrete
Remove Ex Pipe
Remove and Dispose Ex Box Structure and Pipe
Adjust Ex Water Box w/Traffic Lid:
Remove and Relocate Ex. WPP and Street Light
Relocate Water Mains
Remove Ex. Headwall
Subtotal I. Site Preparation
11. Roadway and Concrete
Sawcut Ex Driveways
Install 2" SP 9.5 Asphalt Pavement
Install Base 8" Compacted Conquina Rock
Install 12" Type B Stabilized Subgrade
Install Type'F' Curb
Install Type'D' Curb
Install Type 'D1' Modified Curb
Install Miami Curb
Install Stamped Concrete Brick Pattern
6" Subgrade (compacted to min. 98% max) for SAN
Install 4" thick concrete sidewalk
Install 6" Thick Concrete Driveways
Subtotal II. Roadway and Concrete
III. Drainage
Install Silt Fence
Install Silt Fence Inlet Protection
Install 24" Reinforced Concrete Pipe (RCP)
LS
LS
AC
LF
SY
LF
EA
EA
EA
EA
EA
LF
TN
SY
SY
LF
LF
LF
LF
SF
SY
SY
SY
LF
LF
LF
6600
1
1
Total
1.20
954
1060
194
3
2
2
2
1
Total
205
105
1082
1082
170
660
115
500
4230
210
175
162
Total
490
60
480
6600
39012
39012
3800
45612
4560
4
3816
3.75
3975
12
2328
800
2400
200
400
1500
3000
650
1300
750
750
4.5
22529
922.5
145
15225
10.4
11252.8
4
4328
15
2550
10
6600
10
1150
13
6500
7
29610
5.5
1155
27
4725
32
2.75
84,018.30
1347.5
26
1560
63
30240
Install Miami Curb Inlet
Install Shallow Drainage Areas
Install Type'D' Structure with Manhole
Install Type 'D' Structure with Grate (Indian River Dr)
Install Baffle Box
Install Type 9 Inlet Box
Subtotal III. Drainage
IV. Landscaping and Lighting
Install New Trees
Install Landscape Irrigation
Install Pedestrian Lighting (foundation, conduits, wiring, etc.
Sod Disturbed Areas
Subtotal IV. Landscaping and Lighting
V. Signage, Striping and Ramps
Install 6" Double Yellow Striping
Install 6" Solid White striping for parking
Install Stop Bar
ADA Ramps with truncated domes
Subtotal V. Signage, Striping and Ramps
EA
EA
EA
EA
EA
EA
EA
LS
EA
SY
LF
LF
EA
EA
1882
t
4
2
2
3
1
1
Total
8
1
6
770
Total
265
420
2
2
Total
7528
600
1200
1682
3364
1945
5835
52410
52410
1916
1916
250
111,960.50
2000
2640
2640
3805
22830
2.75
2117.5
4
29,587.50
1060
2
840
250
500
616
1232
3,632.00
TOTAL BID FEE
$ 549,066.60
P -3
DRUG-FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies
that VO&e
does:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy
of maintaining a drug free workplace, any available drug counseling, rehabilitation,
employee assistance programs and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a condition of
working on the commodities or contractual services that the employee will abide by the
terms of the statement and will notify the employer of any conviction of, cr plea of guilty
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.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, by any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug fi-ce workplace through
implementation of Paragraph 1 through 5.
As the person authorized to sign this statement, I certify that this firm complies fully
with the above requirements.
Date: �l -_ 13 -
Signature
D -1
PUBLIC ENTITY CRIMES FORM
Any person submitting a quote, bid, or proposal in response to this invitation or
Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the
space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote,
bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment
from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are
executed by them and are included with your quote, bid, or proposal. Corrections to the form
will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete
this form in every detail and submit it with your quote, bid, or proposal may result in immediate
disqualification of your bid or proposal.
The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133,
Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the
Florida Department of General Services to maintain and make available to other political entities
a "convicted vendor" list consisting of persons and affiliates who are disqualified from public
and purchasing process because they have been found guilty of a public entity crime. A public
entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or
Federal law by a person with respect to and directly related to the transaction of business with
any public entity in Florida or with an agency or political subdivision of any other state or with
the United States, including, but not limited to, any bid or Agreement for goods or services to be
provided to any public entity or with an agency or political subdivision and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
By law no public entity shall accept any bid from, award any Agreement to, or transact
any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
category two (currently $10,000) with any person or affiliate on the convicted vendor list for a
period of 36 months from the date that person or affiliate was placed on the convicted vendor list
unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f),
Florida Statutes.
Therefore, effective October 1, 1990, prior to entering into an Agreement (formal
Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or
services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the
Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or
affidavit will be the form to be utilized and must be properly signed in the presence of a notary
public or other officer authorized to administer oaths and properly executed.
THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE
SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON -
INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR
QUOTE OR BID.
C•r
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or Agreement No.
Ic e- i'A �r,k1[L[ St s,for THE CITY OF SEBASTIAN.
2. This sworn statement is submitted by (\V%-16-"&
(name of entity submitting
sworn statem t) Whose business address is
j��o stti; 0 l D �yi'p u ��. Site • IO�O �K� , > L ?��962- and (if applicable)
its Federal Employer Identif ation (FEIN) is (�, - (If the entity has
no FEIN, include the Social Security Number of the individual signing this sworn
statement: JA, )
3. My name is l 1 tnn (please print name of
individual signing) and my relationship to the entity named above is
4. I understand that a "public entity crime" as defined in Paragraph 287.133(l)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or with the United States, including, but not
limited to, any bid or Agreement for goods or services to be provided to any public entity
or an agency or political subdivision of any other state or of the United States and
involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b),
Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or
without an adjudication of guilt, in any federal or state trial court of record relating to
charges brought by indictment or information after July 1, 1989, as a result of a jury
verdict, nonjury trial, or entry of a plea of guilty or polo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes,
means:
(1) A predecessor or successor of a person convicted of a public entity crime; or
(2) An entity under the control of any natural person who is active in the
management of the entity and who has been convicted of a public entity crime.
C -2
The term "affiliate" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in the management of an affiliate. The
ownership by one person of shares constituting a controlling interest in another person, or
a pooling of equipment or income among persons when not for fair market value under
an arm's length agreement, shall be a prima facie case that one person controls another
person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes,
means any natural person or entity organized under the laws of any state or of the United
States with the legal power to enter into a binding Agreement and which bids or applies
to bid on Agreements for the provision of goods or services let by a public entity, or
which otherwise transacts or applies to transact business with a public entity. The term
"person" includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in management of an entity.
8. Based on information and belief, the statement which I have marked below is true in
relation to the entity submitting this sworn statement. (Please indicate which statement
applies .)
/
V Neither the entity submitting this sworn statement, nor any officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in
management of the entity, nor any affiliate of the entity have been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers,
directors, executives, partners, shareholders, employees, members or agents who are
active in management of the entity, or an affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate
which additional statement applies.)
There has been a proceeding concerning the conviction before a hearing
officer of the State of Florida, Division of Administrative Hearings. The final order
entered by the hearing officer did not place the person or affiliate on the convicted
vendor list. (Please attach a copy of the final order.)
The person or affiliate was placed on the convicted vendor list. There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer determined that
it was in the public interest to remove the person or affiliate from the convicted vendor
list. (Please attach a copy of the final order.)
The person or affiliate has not been placed on the convicted vendor list. (Please
describe any action taken by or pending with the Department of General Services.)
C -3
(Signature)
Date:
STATE OF FLORIDA
COUNTY OF�ciuu� U�12
The foregoing instrument was acknowledged before me this l�1rz day of OLN- ,
2013 by —A-1 V�vx 'ros _ (title) on
behalf of lt,v��� , {nam of partnership), a partnership. kjLe she is personally
known to me or Mas produced �JA as identification and did () did not (2Y'
take an oath.
�a "*e� VICKIE: LEE WRIGHT
$` * *`� Notary PubNc -Ststo of i'lorlda
a C ! My Commission EXP.; arch 11, 201G
by,� im% Commission No. EE 111452,
4
b
Name: i l (k e Lek Uj 12.L5w
My Commission Expires: w3l)4 z
Commission Number: 9 -E, ) '71 145
C -4
BIDDER QUALIFICATION QUESTIONNAIRE
(This form is not required to be included in the bid proposal submittal- However, prior to any
Contract Award, such Bidder Qualification Questionnaire must be completed and submitted by the
Bidder, and reviewed and approved by the City.)
Submitted by
Q
Name of Bidder
General Contractor's License # C-, C. 0!s ;19 Lt 0
( ) An Individual
( ) A Partnership
�4A Corporation
Federal Identification # -�
Principal Office Address:
1-3(,o s; ko ova p�u)
cvLz �3 U c ' . �i, ,2�
(1) How many years has your organization been in business as a contractor under your
present name?
1�5 -n'VZ s':+
(2) How many years experience in road and utility construction work has your organization
had as a contractor?
As a Subcontractor?
(3) List below the requested information concerning projects your organization has
completed in the last five (5) years for the type of work required in this project. (Use
additional sheets if necessary). Include the type of work similar to the work included in
this contract if possible.
Project Contract Required Actual Name /Address /Tel
Title Amount Completion Date Completion Date of Owner
B -/
e\A k 2
t) t;;7,
B -/
(4) Have you ever failed to complete �any `work awarded to you? If so, where and why?
t W
(5)
(6)
(7)
(8)
(9)
Has any officer or partner of your organization ever been an officer or partner of some
other organization that failed to complete a construction contract? If so, state name of
individual, name of other organization, and reason therefore.
1 y C ��
Has any officer or partner of your organization ever failed to complete any construction
contract handled in his own name? If so, state name of individual, name of owner and
reason therefore.
Na
Give below any information which would indicate the size and capacity of your
organization, including number of employees, equipment owned by your organization,
etc., which are available for utilization on this Contract.
�� SSI,ZVL� e,VA —004t
baLlo (6) V P e- �2
t
What is your bonding capacity?
What amount of your bonding capacity has been used as of the date of this bid?
16
a -z
(10) How many applications for performance and payment bonds have you made in the last
three (3) years?
(11) How many of these applications were not approved?
�v O` t,e
(12) Have any claims been filed against your surety bond company in the last five (5) years? If
so, describe the nature of the claims and give the names of the surety companies, dates of
each claim, identifying numbers of each claim, amounts of each claim, and the status of
each claim. (Use additional sheets if necessary.)
(13) Have your company been in disputes or litigations in the last five (5) years over
construction projects which are completed or still pending for completion? If so, describe
the nature of the disputes or litigations and state the Owner's Name, Address, Telephone,
and amount of disputes or litigations. (Use additional sheets if necessary.)
zM
B -3
I, the undersigned, do hereby declare that the foregoing
statements are true and correct, all as of the date hereinafter
set forth, and that those examining this document have my
permission to contact any or all of those parties listed in this
questionnaire. Incorrect or misleading statements in this
questionnaire shall be grounds for a determination of
nonresponsibility with respect to such contractor.
13 h o S�J b t 3) t4�
(SIGNATURE OF BIDDER)
,E OR PRINT COMPANY
B -4
ADDRESS)
k�.
0 1wax STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
TALLAHASSEE 940 NORTH MONROE STREET
FL 32399 -0783
ROSE, TIMOTHY WILLIAM
TIMOTHY ROSE CONTRACTING INC
1360 SW OLD DIXIE HIGHWAY
#106
VERO BEACH FL 32962
(850) 487 -1395
Congratulations! With this license you become one of the near) one million I STATE of FLORIDA: AC# 6 3 70 4
Y i ':ABPARTMENT. OF BUSINBSS AND
Floridians licensed by the Department of Business and Professional Regulation. { �;.: .
Our professionals and businesses range from architects to yacht brokers, from :PROI?ESS. ODTAL. - OGULATION
boxers to barbeque restaurants, and they keep Florida's economy strong.
CGC05.2940.:: p7/32 12 118201628
Every day we worts to improve the way we do business in order to serve you better..
For information about our services, please log onto www.myfloridallcense.com. I CERTXFjEP CONTRACTOR
There you can find more information about our divisions and the regulations that i .ROSE -. TIM! " SAM ,
impact you, subscribe to department newsletters and learn more about the 'I'IMOTIY RC CCING INC
Department's initiatives. .. �,.,..
Our mission at the Department is: License Efficiently, Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new license! : F>t�`IF� >�n under the provieioas 'of cn.489 a,
1 rxyifaeion date: AUG 31, 20'14 L12073 2 023 23
DETACH HERE
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.,•S�>�kTE: C�F.FLORIDA•..:.........
DBPiRT .:O ]�USSS AND'.P1�OFiR SIGNAL REGULATION
CO�T3`,iIICT'I INt2IISTRY LIC$fiNG:• BOARD SE( L12073102323
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07 :31: 207:2 11820162 :.: 16k.0,15,2 94 :' �:;� � . •-
The- G$NRRAL ,CONTRb1CTOR ' L
Named: below:SS CLRTIFED f'A
Under the `prow] a onB of C apt
Expiration date t AU(3 3]., 2 >01.4. �
ROSES.•TIMQTIiY LLZ 4 , x7i �„
T.IMOTIY ROSE CONTRACTING INC g �E
-120 '43RD AVB: SW
VERO BEACH FL 32962
RICK SCOTT. KEN LAWSON
O
Inca
Bob Rai •ra Bonds, Inc.
To Whom It May Concern,
RE: Timothy Rose Contracting, Inc..
Dear Gentlemen,
Please be advised that Timothy Rose Contracting, Inc., 'is bonded by Developers Surety and
Indemnity Company. We have bonded the principal since 2003. We consider the principal to be a
valued and respected contractor who has completed all of their projects in a timely and professional
manner, Currently Timothy Rose Contracting, tinc., has a $5,000,000.00 single bond guideline and
a $10,000,000.00 aggregate.
We do not anticipate a problem providing bonds for the principal subject to our receipt and .review
of a written. contract and the bond terms. The request must come from our client and be
accompanied by our normal underwriting information. We reserve ouz .ri& to 'vase our decision to
provide bonding at the time of the bond request.
Our association with Timothy Rose Contracting, Inc., has been oemely favorable ar:d we are
confident that you will find them to be higbly qualified and responsive to your needs. If you have
any questioios please call.
Si cerely,
Robert Barra
President
Bob Barra Bonds, Inc.
9373 W. Sample Road, Ste 206, Coral Spr'itags, FL 33065 (954 )255-9855 Fax (954)255 -9857
RL HEEL- -SCHAFFER
Solutions you can build upon
Addendum No. 1
November 4, 2013
City of Sebastian
ADDENDUM NO.1
Presidential Streets Improvements
And Coolidge Street Improvements
The following are responses to comments received at the mandatory pre -bid meeting on Tuesday October
22, 2013 and submitted email comments from the contractors. These responses will be considered as
part of this Addendum No. 1 to the Presidential Streets and Coolidge Street bid submittal.
1. The utility pole on the south side of Coolidge Street will be removed before the project
begins by FPL
2. Request for the excel "Bid Form" will be emai led to each of the contractors on 1115113
3. Design Plans in (PDF) will be made available on Neel - Schaffer FTP site on 11/5/13
4. SunTree Technologies — Company was used for pricing purposes, however, if contractor
goes elsewhere for materials, the materials must match the specifications.
5. Soil Density Testing for the two projects will be the Contractors responsibility
6. Presidential Streets (Cleveland, Martin and Washington) the asphalt pavement (SP 9.5)
thickness will be 2 inch (2 lifts) per the plans.
7. City will furnish and transport fill material needed for the sub -base of Cleveland Street
and Washington Street.
8. Contractor to submit a Maintenance of Traffic (MOT) plan that is signed and sealed by
licensed Florida Professional Engineer.
9. Contractor to submit a signed "Construction Service Agreement" with bid submittal.
10. The type of trees for all of the streets will be "Queen or King" palms
11. The type of light fixtures will be Halofan Lights or equal with 150 watts and 240 volts
12. Budget estimate is $600,000 for Presidential Streets and $250,000 for Coolidge Street
13. Coolidge Street will require coordination with the gas company contractor for a new Natural Gas
line on the north side adjacent to the new sidewalk.
14. The Presidential Streets project will require a slip line of an existing 48" pipe (320 LF) as noted
in the bid documents and shown on Sheet 7 of the Presidential Streets design plans.
15. Do you have any more information pertaining to the item "relocation of sewer valves "?
Relocation will be coordinated with IRC utilities.
16. Are we just raising the valve box to match the new sidewalk? Yes and County will want
extensions. Or are we extending the pipe to get out of the sidewalk?
17. If the latter; can these force mains be shut off while we extend the pipe and relocate the
valve? Any force main shut off will need to be coordinated with IRC utilities.
18. Please note that any questions should have been submitted in email by last Tuesday
October 29, 2013.
Please sign and return this Addendum No. I with the other required bid submittals on November 13, 2013
by 2 pm. All bid submittals will be checked to ensure that all items have been submitted.
Presidential Streets and Coolidge Street Page 1
14L NEEI- SCHAFFER
= Solutions you can build upon
Addendum No. 2
November 8, 2013
City of Sebastian
ADDENDUM NO.2
Presidential Streets Improvements
And Coolidge Street Improvements
The following are responses to additional comments and attached are the "bid proposal price forms" to be
submitted on November 13, 2013.
1. The Presidential Street project will require a slip line of an existing 48" pipe (320 LF) as noted in
the bid documents and shown on Sheet 7 of the Presidential Streets design plans.
2. The thickness for the stamp concrete will be six inches of concrete cement to match the
pattern and color of the existing "Main Street Stamped concrete ".
3. The Presidential Street will now include the Washington Outfall Improvements. The
Washington Street "Bid Price Form" has been revised with the following additional bid
items:
A. Increase the 30" RCP with an additional 24 LF of pipe
B. Install 6 foot concrete headwall per FDOT standard
C. Install 10 feet of rip rap rock at the new headwall
4. Attached all three bid price forms to be used for the submittal. Please use and submit
these new bid price forms with the revised date of 1 l /7/2013 on each sheet.
5. Please note that comment last Tuesday October 29, 2013.
Please sign and return this Addendum No. 2 with the other required bid submittals and Addendum No.l
on November 13, 2013 by 2 pm. All bid submittals will be checked to ensure that all items have been
submitted. e�
Presidential Streets and Coolidge Street Page 1
ILL NEEhSCHAFFER
am Solutions you can bulld upon
n�
Addendum No. 3
November 21, 2013
City of Sebastian - ADDENDUM NO.3
Presidential Streets Improvements
And Coolidge Street Improvements
The following are responses to additional comments received after the comment period to clarify
comments and provide a "Bid Proposal Price Forms" to be submitted on December 3, 2013.
1. The Presidential Streets Project will now include the Washington Street Drainage
Outfall Improvements. The design plans for this additional work will not be available
until after award of the contract. The Washington Street "Bid Proposal Price Fort" has
been revised with the following three new bid items:
A. Increase the 30" RCP with an additional 24 LF of pipe
B. Install 6 foot concrete headwall per FDOT standard
C. Install 10 feet of rip rap rock at the new headwall
2. A new Likhting and Irrigation plan has been added to the Presidential Streets for
Washington Street and Cleveland Street.
3. Anew Lhting and Irrigation plan has been added to the Coolidge Street Plans.
4. The existing power pole on Cleveland Street for the new meter service will not be
relocated and Sheet 2 for Cleveland Street has been modified as attached new plan sheet.
5. The Cleveland Street Plan Sheet 2 has been modified with one deleted parking space on
the south side and an 18 foot wide concrete driveway on the north side.
6. The bid item for Full Depth Reclamation (FDR) for Martin Avenue and Coolidge Street
has been deleted and both streets will now be constructed with 2" Asphalt Pavement, 8"
Based Coquina Rock with 11" Stabilized Subbase.
7. The earthwork excavation for Cleveland Street is estimated cut 4,689 cy, fill 4,507 cy
8. The earthwork excavation for Washington Street is estimated cut 1,027 cy, fill 3,396 cy
9. The "Bid Proposal Price Form" has been revised with new bid quantities and deleted
items. Attached is the new "Bid Proposal Price Form ". An excel file of the bid price
form will not be available.
10. The Cleveland Street bid proposal price form has been corrected to show only one bid
item for install pedestrian lighting.
11. The Coolidge Street Sheet 2 has been revised with the new lighting plan to show that
existing power pole on the south side will be removed by the City and the new service
will be from the existing pole on the north side.
12. The Cleveland Street bid price form line item for "Install Stamped Pavement Brick
Pattern" has been revised to state "Install Stamped Concrete Brick Pattern".
13. Attached are revised bid price forms to be used for the submittal. Toss all previous bid
forms and use these new bid price forms with the revised date of 12/3/2013.
14. Please note that the official comment period ended on Tuesday October 29, 2013.
Please sign and return this Addendum No. 3 with the other required bid submittals and Addendum No. l
and 2 on Tuesday December 3, 2013 by 2 pm. All bid submittals will be checked to ensure that all items
have been submitted.
Presidential Streets and Coolidge Street Page 1
BB03690
STATE OF FLORIDA)
COUNTY OF INDIAN 121 VFR)
CITY OF SEBASTIAN)
RID BOND
KNOWN ALL MEN BY THESE PRESENTS, that
Timothy Rose Contracting, Inc.
As Principal, and Developers Surety & Indemnity Company
as Surety, are held and firmly bnund unto the City of Sebastian, in the penal sum of
Five Percent of Bid Amount _ —(Dollars)$5% of Vd
lawful money of the United States of America, for the payment of which sum well and
truly to be made, we hind ourselves, our heirs, executors, administrators, and successors,
jointly and severally, firmly by these pm- ;enty_
THE CONDITION OF THIS OBLIGATION IS SUCH, that wliereas the
Principal has submitted the accompanying bid dated ( for:
Presidential Street – Roadway & Drai a e improvements
NOW THEREFORE,
(a) The Principal shall not withdraw said bid within ninety (90) days after date of
opening the same and shall within twenty (20) days after the prescribed forms are
presented to him for signature, enter into a written contract with the City, in accordance
with the proposal as accepted, and give bond with good and sufficient surety of surdicl,
as required, for the faithful performance and proper fulfillment of such contract; and,
(b) in the event of the withdrawal of said bid within the period specified, or the
failure to enter into such contract and give bond within the time specified, if the principal
shall pay the City the difference between the amount specified in said hid and the amount
for which the city may procure the required work and supplies, if the latter amount be in
excess of the former, then the above obligation shall be void and of no effect, otherwise
to remain in full. force and virtue.
IN WITNESS WHEREOF, the above - bounded parties have executed this
instrument under their several seals, this 13 day of November __... _
2013,
The name and corporate seal of each corporate party being hereto affixed and these
presents duly signed by its undersigned representative. Pursuant to authority of its
governing body.
BB -1
WITNESS:
If Sole Owncrship or Partner ship, one
(1) Witnc= is required. if Corporation,
Secretary only will attest & of - x seal.)
Surety %-4 n tiS
PRINCIPAL:
Timothy Rose Contracting, Inc.
Name of Firm --
Affix e
(Signature of Authorized Officer) Timothy Rose
President
1360 SW Old Dixie Hwy., Ste 106
(Business Address)
Vero Beach, FL 32962
(City) (State) (Zip)
SURETY:
r
Developers Surety & Indemnity Company
Morporate Surety)
k `- V-1j - % / I,--
(Signature of Authorized Officer) -- -
Robert Barra Attorney In Fact
(Title)
100 - Second Ave. S., Ste 704S
(Business Address)
St. Petersburg,. FL 33701
- (City) — - _ -
Bob Barra Bonds, Inc.
(Name of Local Insurance Agency)
9373 W. Sample Road, Ste 206
(Address)
Coral Springs, FL 33065
The rate of premium of this bond is N/A
per thousand.
Total amount of premium charges N/A
BB -2
(The above must be filled in by Corporate Surety_)
CERTIFICATES AS TO CORPORATE PRiNCIPAI.
I, _ , certify that I am the
Secretary of the Corporation named as Principal in the within bond, that
who signed the said bond on
behalf of the principal, was then
_ of said c:urporation;
that I know his signature, and his signature hereto is genuine; and that said bond was duly
signed, sealed, and attested fro and on behalf of said corporation of its governing body.
(Corporate Seal)
State of Florida
County of Indian River
Cily of Sebastian
Before me, a Notary Public duly commissioned, qualified and acting, personally
appeared; Robert Barra _ , to me well
known, who being by me first duly swom upon oath, says that he is the attorney in fact
for the Developers Surety & Indemnity GMd that he has been authorized
by Contractor named therein favor of the City of Sebastian, Florida.
Subscribed and sworn to before me this 13 day of November ,
2
E4; VICKIE LEE WRIQHT
otary Pubtkc -State at Florlda
Notary 1°ubli 2016
ommission Exp.IdarC7 46�Yi r aCammisslan tto. EE 171452 ,
My Com i, ion Expires
BB -3
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO Box 19725, IRVINE, CA 92623 (949) 263 -3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY, does hereby make, constitute and appoint
'**Robert Barra'`** "
as its true and lawful Attomey(s }in -Fact, to make, execute, deriver and acknowledge, for and on behalf of said corporation, as surety, bonds, undertakings and contracts of suretyship
giving and granting unto said Attorney(s)-fn-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said
corporation could do, but reserving to each of said corporation full power of substitution and revocation, and all of the ads of said Attomey(s)-in-Fad, pursuant to these presents, are
hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the fallowing resolution adopted by the Board of Directors of DEVELOPERS SURETYAND INDEM-
NITY COMPANY, effective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, any Executive Uce- President, Senior Vice- President or Yce- President of the corpo-
ration be, and that each of them hereby is, authorized to execute this Power of Attorney, quarifying the attomey(s) named in the Power of Attorney to execute, on behalf of the corporation,
bonds, undertakings and contracts of suretyship; and that the Secretary or anyAssistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of
any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any band, undertaking
or contract of suretyship to which it is attached,
IN WITNESS WHEREOF, DEVELOPERS SURETYAND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary orAssistant Secre-
tary this January 1st, 2008.
By. \ . / �r e7T-u i/ ,�,�� „AND ENO,
Daniel Young, Vice- President ?yJ4 . �gP0R.gr
v
uj 10
By: 3 nw : 10 c�
=o = 1936 o
Stephen T. Pate, Senior Vioe- President �; :•
,7�• lOWP. •'�aD'
State of Cafifomia
County of Orange "••••'”
On January 31, 2011 before me, Antonio Alvarado, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Daniel Young and Stephen T. Pate
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to
A the within instrument and acknowledged to me that he/shefthey executed the same in hislherftheir authorized
ANTONIO ALVARADO capacity(ies), and that by hisiharltheir signature(s) on the instrument the person(s), or the entity upon behalf of
N COMM. 0 1884643 which the person(s) acted, executed the Instrument.
NOTARY PUBLIC CAI FCRNW I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
ORANGE COUNTY true and correct
My. Dorn:. axpires Aug. 9, 2013
WITNESS my hand and official seal.
Place Notary Seal Above Signature'
Antonlo Alvarado, Notary Pubic
CERTIFICATE
The undersigned, as Secretary orAssistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney
remains in full force and has not been revoked and, furthermore, that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power ofAttomey are in
farce as of the date of this Certificate.
This Certificate Is executed in the City of Irvine, California, this 13 day of November , 2013 .
ar. 044-rl )/, - ex�e�
regg Oku , ' nt Secretary
1Q1438(Rev01/11)
31 2014GOI 9299 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL
BK: 2749 PG: 677,4/4/2014 12:03 PM
BOND PREMIUM BASED ON
PUBLIC WORKS BOND FWAL CONTRACT PRICE
THIS IS THE FRONT PAGE OF THIS PERFORMANCE AND PAYMENT BOND
ISSUED IN COMPLIANCE WITH CHAPTER x255.05 FLORIDA STATUTES.
BOND NO. 479932P
CONTRACTOR NAME: Timothy Rose Contracting, Inc _
CONTRACTOR ADDRESS: 1360 SW Old Dixie Hvw. , Ste 106
Vero Beach, FL 32958
CONTRACTOR PHONE NO. (77:b-564-7800
SURETY COMPANY: DevelQners Sure4<v & Tndemnity C
OWNER NAME: ri tty of Rphagti an
OWNER ADDRESS: 1225 Main StrApt
Gohaatianr, FT. 329-lilt
OWNER PHONE NO. �7a- 589_�3�0
OBLIGEE NAME:(If contracting entity
u differrat tivm the owner, the contracting pabUc
entity)
OBLIGEE ADDRESS:
OBLIGEE PHONE NO. ( 1
BOND AMOUNT: $890,702.00
CONTRACT NO. (If Appilmbte)
DESCRIPTION OF WORK: Drainagp-
TMprovements
PROJECT LOCATION: City of Sebastian, FL
LEGAL DESCRIPTION:
FRONT PACE
(ALL OTMR BOND PAGES ARE DEEMED SUBSEQUENT TO THIS PAGE REGARDLESS OF ANY
PAGE NUMBERS THAT MAY BE PRE - PRINTED THEREON)
ECATIOM or,► LAST ►) cL
. S%flTH, CLERK
BK: 2749 PG: 678
479932P
PAYMENT AND PERFORMANCE BOND
f% u farm provided by Ottiner as an example of the farm of bond.• the actual bond form must conform to
the standards required by Florida Statues)
KNOWN ALL PERSONS BY THESE PRESENTS: that
Timothy Rose C ntracting, Inc_
(Name of Contractor)
1360 SW Old Dixie Highway, Ste 106, Vero Beach, FL 32962
(Address of Contractor)
a Florida ,hereinafter called Principal and
(Corporation, Partnership or individual)
Developers Surety & Indemnity Company
(Name of Surety)
100 Second Avenue South. Ste 7045.. St. Petersburq. FL 33701
(Addn:ss of surety)
hereinafter called Surety, arc; held and firmly bound unto City of Sebastian (- Owmcel,
whose address shalt he known as
1225 Main Street, S hac ian, FT. 1995R _
, in the total aggregate penal sum of
100% of the contract amouat equivalent to
Eiqht Hundred Ninetv Thousand Seven Hundred Two Dollars
(written amount of contract)
(5890.702.00
(numerical amount)
is lawful money of the United States, for the payment of which sum well and truly to be made, we bind
ourscivcs, our heirs, excudoN administnrtcnx, succcwxa s, and assigns jointly and severally firmly by these
pre =L%.
THE CONDMON OF THIS OBLiGATtON is such that whc-1, the Principal entered into a certain
A ffm ent with the Owner, datml the clay of , 2013, a copy ofwhich is hereto attached
and made aparthereof, for _Presidential Streets — Roadway & Drainage
Improvements
NOW TF)rRFFORF., if the Principal shall well. truly and faithfully ped'arm its duties, all the undertakings,
covenants, mmm, conditions, and ab=Lm :nta of said contracts daring the original term thereof and any
extension thereof which maybe granted by the bwncr, with or without notice to the SU RMN and during the
one year guaranty period and if the
PEUNCIPAL shall satisfy all claims anti demands incurredunder such contr4c ; and shall fully indemnify and
save harmless the Owner hurt all costa and damages which it may suffer by reason of failure to du so, cad
shall reimbttrse and repay the Owner for all costa which it may ineur in making good any defauh, then this
obligation shall be void. otherwise to temain in full force and effect:
PB -I
V
,l.i�.
S!-41'111, G1.1T"K
BK: 2749 PG: 679
PROVIDED, FURTT-1M that the said SURETY, for value received hereby atipulaLem and agree* that no
chaaga, extension of time, alteration or addition to the terms of the contract or to WORK to be performed
thereunder or the SPECIFICATIONS accompanying saamc shall in any way affcxt its obligation on this
BOND, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the
terms of contract or to the WORK or to the SPECIFICATIONS.
PROVIDED, FURTHER, that it is expressly agreed (hat the BOND uhal l he decnmdamcndmi, autnmadcailly
and immediately, without formal and separate amendments hereto, upon amendment to the Contract not
increasing the contract price more than 20 percent, so as to hind the Pk NC I PAt, and the S tJR M'Y to the till
and faithrul perromwncc of the contract as so amended, the term "Amendment". wherever used in this
BOND, and whcthcr rafcrring to this BOND, or fife Contract shall include arty alteration, addition, extension,
or modification of any character whatsoever.
PROVIDED. FURTIIER, that no final settlement between the Owner and the PR1NC1PAI, shall abridge the
right of the other beneficiary hereunder, whose claim may be unsatisfied. The Owner is the only beneficiary
hereunder.
IN WITNESS WHFRKOF, this instrument is executed in counterparts, each of which shall be deemed an
original, this the 31 „ day of March 2014
Timothy Rose Contracting, Inc.
{Princi l)
BT
Signs
Printed Noma & Title
Timothy.Rose President
1360 SW Old Dixie Hyw., Ste 106
Address
Vero Beach, FL 32962
PROVIDED, FURTHM that no final settlement between the Owncr and the CONTRACTOR shall abridge
the right of any beneficiary hereunder, whose claim may be unsatisfied.
WnWMS WHEREOF, this insnvment in — -uted in 2 counterparts, va h of which
shall be deemed an original, this the 31.. day of March, 2014
PB -2
AGE
t....t. .:r� LAST If
i ;Si, GL _:;�
BK: 2749 PG: 680
t
77
(Witness )
9373 W. Sample Road, Ste 206
(Addm%)
Coral Springs , FL 33065
Timothg_Rase Contracting, Inc.
By:
Timothy Rose President
(Printed Name and TiLlc)
1360 SW Old Dixie Hwy., Ste 106
(Addru -u)
Vero Beach, FL 32962
Dev ers Surety & Indemnity Company
(S rety Typ or Printed)
(Attorney -in Fact Signature)
Robert Barra
(Printed Name and Tit,
100 Second Avenue Sou
(Address) '
St. Petersburg, FL 3
Note: Date of Bond must not be prior to date of the Agrccmcnt.
If Contractor is a partnership, all paTmas should mc:c:utc the Bund.
t
a&ORTANT: SURETY COMPANIES EXECUTING RONMq MUST APPEAR ON TIM TMM
DEPARTMENT'S MOST CURRENT UST (CIRCULAR S70 AS AMENDED) AND BE A;.
TO TRANSACT BUSINESS IN THE STATE OF FLORIDA. ; ri; jy �ti
r
f cjlnr�l' . 4
PB- 3
AT'TT t:f"Fy
704S
Wo
�,•fi �5,5'.r � }lye• {..7 � �
c >: y
i
f•!i
BT{: 2749 PG: 681
479932P
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO Box 19725, IRVINE, CA 92623 (949) 263 -3300
KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY, do each, hereby make, constitute and appoint
** *Robert Barra * **
as its true and lawful Attomey(s)-In•Fact, to make, execute, deliver and acknowledge, for and on behaff of said corporation as surety, bonds, undertakings and contracts of suretyship
Including, without lire tation, any and all surely bonds, and consents or other writings required by the Florida Department of Transportation incident to the release of retained percentages
and final estimates on construction or maintenance contracts, giving and granting unto said Attomey(s)win•Fact full power and authority to do and to perform every act necessary,
requisite or proper to be done in connection therewith as the corporation could do, but reserving to the corporation full power o1 substitution and revocation, and all of the acts of said
Altomoy(s)4n -Fact, pursuant to these presents, are hereby ratified and confirmed.
This Pourer of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY, effective as of March 25th, 2009.
RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the atlomey(s) named in the Powers of Attomey to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or
any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Pourer Of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attomay or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporal ons when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it Is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY have severally caused these presents to be signed by their respective Vice President and attested by
theft respective Assistant Secretary this March 25th, 2009.
County of Orange
On March 25th, 2009 _ before me, Jenny TT Nguyen Notary Public
Date Here Insert Name and Tille of the Officer
personally appeared Daniel Young and Stephen T Pete t
Names) of Signers)
who proved to me on the basis of satisfactory evidence to be the persons) whose ri .bsaEbed to
the within instrument ment and acknowledged tome that helshefthey executed the sam gi gq eisthotiied
,� n fiQUYE%l capacilypes), and that by hislhentheir signature(s) on the instrument the persons t , ritii� RPM -u b
which the person(s) acted, executed the instrument
COMM.
�! NOTARY PUBLfC CAtmORNW I certE{y under PENALTY OF PERJURY under the laws of the State of
OflANf3E (!UliiY true and corrects
INyr�rr>rm. Nab.i>0.201Z r ��$ s T ts� :..h•..•�• !� °.t.:';" ,'� •_ -: •,.
WITNESS my hand and official seal.
T rip. Ti A ra n
Place Notary Seal Above Signature Wit
Jo(r n
i'7C" fr'::. . +i)�s +.; {•act
CERTIFICATE
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the toregotng Power olAtt sgre
force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Paweraf Akan ' ; ,b►. r
force as of the date of this Certificate. r
This Certificate Is executed in the City of tr Ane, California, the 31 day of March 2014
t-iregg Oku 1 Secretary
srATEaaa
WIN RI OIMM
ID- 1438(Wet)(Rev.1 pili) THIS fSTOIERTIRTHAT ATRUE AND Cffl=
COPT OF THE ORIGINAL ON Fa IN THIS OMCL THIS
ORIGINAL KAY HAVE REPACO WFORWITION AS STATED
NIFLOWDASTATUE .Ql
a+vgr"
Daniel Young. Vice President
yo r p8P L
:o F
OCT.
BY: 42�
cu++ 10 crri
=o� 1936 rya
Stephen T. Pate, Senior Vice President
` ��' ' ��'
°s7�i�. /DW P, "��ac
State of California
1, *,,,•
County of Orange
On March 25th, 2009 _ before me, Jenny TT Nguyen Notary Public
Date Here Insert Name and Tille of the Officer
personally appeared Daniel Young and Stephen T Pete t
Names) of Signers)
who proved to me on the basis of satisfactory evidence to be the persons) whose ri .bsaEbed to
the within instrument ment and acknowledged tome that helshefthey executed the sam gi gq eisthotiied
,� n fiQUYE%l capacilypes), and that by hislhentheir signature(s) on the instrument the persons t , ritii� RPM -u b
which the person(s) acted, executed the instrument
COMM.
�! NOTARY PUBLfC CAtmORNW I certE{y under PENALTY OF PERJURY under the laws of the State of
OflANf3E (!UliiY true and corrects
INyr�rr>rm. Nab.i>0.201Z r ��$ s T ts� :..h•..•�• !� °.t.:';" ,'� •_ -: •,.
WITNESS my hand and official seal.
T rip. Ti A ra n
Place Notary Seal Above Signature Wit
Jo(r n
i'7C" fr'::. . +i)�s +.; {•act
CERTIFICATE
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the toregotng Power olAtt sgre
force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Paweraf Akan ' ; ,b►. r
force as of the date of this Certificate. r
This Certificate Is executed in the City of tr Ane, California, the 31 day of March 2014
t-iregg Oku 1 Secretary
srATEaaa
WIN RI OIMM
ID- 1438(Wet)(Rev.1 pili) THIS fSTOIERTIRTHAT ATRUE AND Cffl=
COPT OF THE ORIGINAL ON Fa IN THIS OMCL THIS
ORIGINAL KAY HAVE REPACO WFORWITION AS STATED
NIFLOWDASTATUE .Ql