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2009 Construction Contract (H&D)
CITY OF SEB ,, HOME OF PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 • FAX(772) 589-5570 December 12, 2008 Mr. Michael DiGiacomo H &D Construction Company, Inc. 1805 S. 25th Street Suite 1 Ft. Pierce, FL 34947 Dear Mr. DiGiacomo: This is to advise that at the Regular Sebastian City Council Meeting held on Wednesday, December 10, 2008 members of the City Council awarded H & D Construction Company, Inc., a contract in the amount of S1,193,903.02 to provide site improvements to Indian River Drive and Main Street. Enclosed for your signature, find two (2) original copies of a Construction Services Agreement between the City of Sebastian and H & D Construction Company, Inc., for the proposed site improvements. Once you have executed the enclosed original copies of the Construction Services Agreement, please return for final execution along with the following documents required prior to issuing a Notice to Proceed. Performance and Payment Bonds (100%) (Recorded) Insurance, listing the city and engineer as an additional insured. Licenses of the Prime contractor, and proof that the contractor has registered with the City of Sebastian Building Department. It is the City's policy to require all subcontractors to be properly insured, have a valid • driver's license and be registered with the Sebastian Building Department. Subcontractors without proper registration with the City may not perform work in the City. If you should need any additional information, please feel free to contact the office of the City Manager, at 772-388-8203. We look forward to working with you on this project. Sincerely, Jean M. Tarbell Executive Assistant Enclosure tmr ar ,~, ~~ ~r , tiOt.tiE OF Pt1.iCJ1N t51.KNt7 CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 8 PUKCHASE OKDEK # CONTRACTOR: H & D Construction Co., Inc. ADDRESS: 18113 S. 15`~ Sired E't. Pierce, FL 349x7 PROJECT NAME: Indian River Drive and Main Street Improvements. PROJECT #: PHONE #: 'I71-A29-Ib20 CONTRACT NAME: Michael DfGiacomo CONTRACT DATE: January 20,1009 __- __ lay the signature affixed below, bath the City and the Contractor agree to the changes as stipulated herein, lJpcm pmprr execution of this dcx:urnent, the Contractor is hereby notific;d to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the ternis and conditions of said Contraca arc enjoined and in full force while executing the change(s) stipulated as follows: 'Chis change order is for the change of stucco to the huilding at the C"ity's request and the change the water cooler tv a 2 tier water woler for ADA purposes. A) Contract Price Prior to this Changi t)rder S 1,26b,503.O4 Net Incn;ase (Decrease) Resulting from this Change; Order S 3, l S 1.58 New Contract Price Including this Change Order S i,1b9,bSt.b1 / ti) Contract Time Prior to the Change Girder (NumbtK of Days) I88 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 203 clays New Completion Date Including this Change Order Aug. 12.2009 Date: / GJ`~ Authorized Sisnature . / City Manager Authorh~tion ~ cumulative amount Less than ti% of cantrart price or 515,0(10 single change order ____. City Council Autharrration -cumulative amount exceeds t5% of Contract price or St5,o0U sinRtt thantte order i~ date ~,,,,) Y 'BAS7`IAN: Date: y-7""~' ~ Hager ____ ~~~ 11°I S ! Project Manager ~~'~~~ .(„~t.~-~!~ ~._.~.,._ Finance Dirtcto~~~~%~-~+'l.. tiv~ as In badgef Rally a. ltui , i13ii', City C~krk ('ity attorne> as tol+t~l V d .O a i+ L N c 'i L d c C t4 0 L ~ d O ~ N OT ~ ~ ~ ~ L ~ U y- ,~ O O N E xs Q ~o c Q ~~ 0 U ~ ui L "- O O N 3 ~. O U O ~ N N p ~ N N N O O U +• (B m C ~ ~ N ~ Y C ~ Z p0 C o n ~ a~U~ cv m ~ t ~n?3 c ~ _ •: c 3 N U ~ U N ~ C "'' N N m - a~ ~ C ~ j.Q ~ ~ O Q ~ ~ fl C N N ~ N - 1 ~ ~ "O O O fl. - C ~ C .0. N N N N "= U E ca 3 3~°' o N ~ -°3a~o N rn~ o ~ N Q- . N ~ f0 c ~ O U fn ~ ~ 3 ~ V N CO ~ -oa _ o U ° ~ '~ rn ~ o ~ C N ~ O N ~ fB C~ X N (0 O N Q O -O N U U m O Q U N .~ N N •~ N a O ~ ~ o N L O ~ ~ m o O ~p 'gyp Q ~ N N N ~ Q Q Q Q >~~ U > °' ~ C LC) ~ ~ I~ ~ ti 00 ~ 3 N N~ f~ ~ 00 f~ O M E ~ ~ ~ N M M~ (O C~ 7 d v a O O O O O N N O N N M O 00 0 0 CO ~ C~ a0 ~ M 00 0 0 ~ 3 ~ 00 O O ~-- ~ O In 7 0 0 r 00 00 O O (fl t~ E ~ ~ ~ N I~ ~ 00 N ~ Q r M M ~f CO I~ I~ 7 (~ EA EA fH EA fA EA FA EA L O N O~ (O a0 N O S d _ O ~ ++ tf~ M O ~~ N~~ p> O C O N I~ O H O CO ~ M ~~ N~~ 00 M M M 01 ~ ~ ~- r- N ~ ~ Q t U .` L N N N N N N ~ N c 00000000 U rn rn rn rn rn rn rn rn `-° mccacca~ccvm~m ~ U U U U U U U U N <D ~O 01 tD N r d v ~L a U w O. tm a ' ----~` NOME Of PEUCAFi tStAtdG CITY QF SEBASTIAN CHANGE QRDER CHANGE ()BOER #: ? PURCHASE ORDER # PROJECT NAME: Indian River Drive and Main Street Improvements. i'Rt~JECT #: CQNTRAC7'OR: N & D Construction Co., Inc. PNpNE #: 772-429-1620 ADDRESS: 12303 S. 24`" Street CONTRACT NAME: Michael DiGiacumu 1<t. Pierce, FL 34947 CONTRACT DATE: January 20, 2009 i3y the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. [lpon proper execution of this docutttent, the Cc-ntractar is hereby notified to commence work. All changes stated below are hereby incor~rated ant! ntstde a part ofthe Contract identified above, and aii the tetras trod cunditious of said Contract are enjoined and in full force whin executing the changtys) stipulated as follows: '1"his change order is t~t.part of the original scot; cif work fiat the Main Street Indian River C)rivc Improvcrnents but wt-s requested by the Publie Works [7epartment to rescrtve an existing drainage problem at the NW corner of Main Stn;et, t.15 # 1 and North Central Ave. It includes removing the existin}; concrete curb and installing new curb with a deeper valley to better drain the corner. A> Contract Price Prior tc~ this Change Order S t,262,8d3.04 Net Increase ([?ecreasc) Resulting fron+ this Change Order $ 3,6(it).QO New Contract Price Inch+ding this Change Order !~ 1,266.:403.04 ~ Ei) Contract Time Prior to the Change Order (Number of pays) 188 days Net increase tt7rcreasc} Ezestiltin{; firotn the Change Order (Nutnbrr «f Days) ?03 days New Completion pate including this Change Order Aug. t2, 2i)Ot) A3; t':E u: ~e~~/~~/ Date: ~ % ~ ~y Authorized SfRnature Aun/ravab i3v t'ity ut Sebagtis.n in agc„prdartce w~jh C2odo Sec. Z-i0 (check onei: _ / City Manager Authoriratton -• cumulative amount ices than 3SNo of contract price or StS,000 ~ingie change order t'itY t' uneil .tuthorizaHoo _ cumulative amount ezceedq 15% of contract price or !~tS,()t)ti ainytle change order ( tint; daft ._i C' ( ' :B.AtiTIAN pate: 7 t4 ~j t qer t'rojrct Manager s~rJ1't-6~.- Finance pirector n hody;rt t'ity Attorney s to legal n'ri e1 .._ _. ~1..'____ ..__. tip11y :~. At ~~, St>tC', f ity C'terk v d .O a d L C m ~L L d C cv :a 0 r L C7 O N d r ~ ~ ~ ~ t~ U ~ ,~ o O ~ 7 ~s Q Uo c Q •~ L C p L ~ U ` L . 'F O O .~ ~ ~ 3 L O U U (~ ~ ~ N O L f6 ~ N N VV O ~ C ~ ~` > N a~ ~ (0 o c 3ZZ O ~ ~\\ p V U ~ ..p Q ~ _ L ~p~ N (O 'Q i ~ ~ ~ ._ U c O E ~ ~ ~ ~ ~ U ~ ~ ~ a i m N c -a o c"c~ ' m - 3 U ~ O ai a ' O - c ~ c L N -O Q L ~ 3 ~ 3 (6 .•= 3 o N~ ~ rn~ o -c a - . N c L ~ p U in O ~ p C N~ a U (0 p N ~ U O Q oU C U p o• •. c $ U m rn~ .'n ~ C - .~.. ~' - ~ (6 ~ +U+ ~ ~ f9 r Q O 'a N _ U U O O • N ~ O ~ Q~ (0 O 'C a~ (06 N -p ..p Q 'a (6 N N ~ o Q aaa >~~U °' > o 0 o a o 0 0 0 ~ d N d' I~ ~ O~ O M ~~NMC'M~COtO ~ U a d O O O O O N N O > N N M O o0 O O CO ~ C ~!') 00 ~- M 00 0 0 ~ ~ ~ 00 O) O ~ V' O ~ 7 p 0 ~ 00 O O O CO ~ ~ f~ N I~ ~ O N ~ Q ~ ~ M M ~' t0 I~ ti 7 (,) ER EA K} ER EA EA ER EA N O S N O~~ O ~ d 00 O _ _ M O ~ ~ ~ ++ tf) N CO ~ Q~ I C O N I~ O ~ O CO .- M ~ ~ N~~ 00 M M M 01 ~ ~ ~ ~ N r R Q t U .` V L L L L L L L L Q~ Q~ ~ 00000000 0 V a~ a~ m a~ a~ a~ m a~ rn rn rn rn rn rn rn rn ~ c c c c c c c c L L L L L L t L ~ U U U U U U U U N ~O <D N ~- m v ~L a c p U CRr oI ~~ ~~~ ~'~ _ `~, HOME OF PELICAN ISIAND CITY OF SEBASTIAN CHANGE ORDER FORM CHANGE ORDER #: 6 PROJECT NAME: Indian River Drive and Main St. Improvements PURCHASE ORDER #: PROJECT #: CONTRACTOR NAME: H & D Construction PHONE # 772-429-1620 Company, Inc. ADDRESS: 1803 S. 25"' Street CONTACT NAME: Michael DiGiacomo Ft. Pierce, FL 34947 CONTRACT DATE: January 20, 2009 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. This change order is not part of the original scope of work for the Main Street Indian River Drive Improvements but was requested by the Public Works Department to resolve an existing drainage problem between Pelican Pub and Jefferson Street. It includes removing an inadequate existing catch basin, adding two properly sized Type "C" inlets and associated piping and reconnecting to the existing drainage system on Jefferson St., regarding swales and repairing disturbed driveways. A) CONTRACT PRICE PRIOR TO THIS CHANGE $ 1.239.821.82 NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE $ 23.021.22_ NEW CONTRACT PR[CE INCLUDING THIS CHANGE ORDER $ 1.262.843.04 B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) 188 days NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) 203 days NEW COMPLETION DATE INCLUDING THIS CHANGE Aug. 12, 2009 AGREED: CONSULTANT: SEE /Q1r~L-l>I' ED Date: Authorized Signature C O ASTIAN: ~ ~ ~~ / Date: (/ /~ / o i e City Manager ~ 666 Aaarovals By City of Sebastian Staff: 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. (Meetigg date 07/08/09) Date: ~ ~'S ~ Engineer as to engineering ~i----~ Sally A. Mai , MMC, City Clerk / ~ ~1~. Finance Director as to budget City Attorney ~~"~' ~ to legal area SE-TuUy ,- F#OME a 1't11GN LSLAhID CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 6 PURCHASE ORDER # CONTRACTOR: H & D Coastructba Ca., lnc. PROJECT NAME: Indian River Drive and Mafa Stmt Improvements. PROJECT #: PHONE #: 772-429.1b20 ADDRESS: 1803 S. 25`" Stmt CONTRACT NAME: Mk6aet DiGiacotno Ft. Pkrce, FL 34947 CONTRACT DATE: January 20, 2009 ~.. By the signaturo affixed below, both the City and the Contractor agrce 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: I. This change order is not part of the original scope of work for the Main Street Indian River Drive Improvements but was requested by the Public: Wurks Department to resolve an existing drainage problem between Pelican Pub and Jefferson Street. It includes removing an inadequate existing catch basin, adding two properly sued Type "C" inlets and associated piping and reconnecting to the existing drainage system on Jefferson St., re-grading swales and repairing disturbed driveways. A) Contract Price Prior to this Change Order $ 1,239,82 t .82 Net Increase (Decrease) Resulting from this Changr Order $ ?3,(12(.23 New Contract Price including this Change Order $ 1,262,843.04 ©) Contract Time Prior to the Change Order {Ntunber of bays) 18$ days Net increase (Decrease) Resulting from the Change (hder (Number of Days) 203 days New Completion gate Including this Change Order Aug. 12.2009 /'~f / hats: 7 / Y G j Authorized Signature City MaaaQsr Aufhorizirttoa - eumulaNve amount leas than IS'/• of coatraM price or S1S,l1W single cbaage order Ctty Couoell Authorization -cumulative amount ezeeeds IS% of contract price or S1S,000 aingte change order (making date - CITY OF SEBASTIAN: -- _ Date: City Manager Project Manager Finance Director ATTtST: as to Audgcl Sally A. \lalo, MMG City (7cr4 City Attorney as to IcRal Change Order N ~ D CONSTRUCTION CO. INC. GENERAL coNTRactoas uc. a cflc 062943 UNl~RflRWNO UTILIT/ b EXCAVATION UC. # CtiC4223748 TEL: TY2.42A.482D FAX: 772.429.4828 Dates: OBlieme Prnjec~ Indian River Qrive and Main Street i.ocatbn: Sebastian Contractor: tatty of SatsasHan Attention: Joe Schulke Pfi. No.: 772.770.9822 Fax No: 772.770.9496 them ~, pa~ri n Pnce Unit Tota! t=x6ena~n i YOT 1750.00 1 t.8 ; 1,750.00 2 Rate Existin Structural and Pi 1500.00 t EA S 1,500.00 3 G Mtats 2200.00 2 FJ1 3 4,400.00 4 15" ADS 32,60 170 t.F i 5440.00 ' S Connect f5o Existi NR4 900.00 i 3 900.00 6 k i?rlve4ira 23.00 t03 SY 2589.00 7 K 1st Street 58.00 4g Y ; 1 620.00 g Sod 0.20 2380 SF i 476.00 9 Ci44itdin 1000.00 1 1.$ S 1,000.00 i0 Resat Utllities 2750.00 i t. f 2.7 .00 Total i 208.00 Total 8 691.00 1 1/2 Bond i 340.22 Tool Cha dr'der 6 23 021.22 nAove-ins ra,nrmed aadlai aav~--;ns ~ s2,soo 00 ,~ i '' 1~ Yy~' ~i fit i ~,?. t~; Q 1' V A, } 1\ r't , Fi ' ~i. .,, ~ ~ ~ t Y, lA . i~AiCti L~.A:11N ~ _- "~ fi4 ?lljcq~R ,_.+~~. lrlt t'1 4 i~' __ ~' b~ Ga'~ ' •~! ~„, ~i ~ ~~ SIMMPE II~OUII~ ~ ~,, ~~' t~0lT. PIPE ~ ~ ~~~ ~ ,I ,~ ~ ~ Y! 7W l ~AlNArE M~NM ! ,~ ~h kk ,, > Jq \ W ~N, f'; 1 Rk ; rNV ~"l ~ ~ ~'~ ~ ~~ +,~ 1F L 7NV t, i. . i ii8' .....~~ ' ? 4 M rNV ~~ R sir' ~~,~ ~;~ a l r'T ,'.^r ,~ C. 1' ~ ( ~ ~ ~~ ~ a ~ ,/~ r r ; IrN~: :a ' :~~t t3~1 ~rJ f0" , 5' ~~ M v, ~~ ~ ~ ~ ` a Cl~ ~ s1 r + ,,/ ~r~. ~ S~ c. t ~r ~1 15' a t ', hn / P06E1t POLE ~ ~ v. 10a110M 1 ~> > .~' ~ ~` i 1`_ ~ ~ r ~' / lE IMID -~Y ` ~ 1`'~~j ~~' ~ l TION ~~. ~ ~ ~ S // ~, ~~~ .. ~ i / ,- ~ a ~ ,+ IEglIIIFp rsj . ~ ~ 1~~ `'~ '~ r _ ~~ ~'~~ ,F. ,y ti % % 7 ," / , TYPE ,~ Sri `> ' ~ ~~ ~ ~ ~ ~ ' ,~~ ,/ r ~ ? ~ ~ ~~/" ~ 1~ ., '.'.' ~~111 'ZINC-.'. LOQATION OF D06~. o ~ , ';,~~ ~ ~, ~ ~/ ~~F l Ft• .~) y ~". ~ ~.'.', <,~>T 116 t~ Y, , • ,'~ IIEOlI1EA " ~n' tm a ~E~1fl~ ttarNC or tnucu+ a~w+o CITY OF SEBASTIAN CHANGE ORDER Ct1ANGE ORDER #: S PURCHASE ORDER # CONTRACTOR: H & D Construction Co., Inc. ADDRESS: 1803 S. 2S'b Street Fl. Pierce, P1.34947 PROJECT NAME: radian River Drive and Main Street Improvements. PROJECT' #: PNUNE #: 772-429-1620 CONTRACT NAME: Michael DiGiacomo CONTRACT DATE: January 20, 2009 -_ 9y the signature affixed below, both the City and the Contractor ague to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commettcc work. All changes stated below an: 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: I . Move sidewalk adjacent to curb and increased width of sidewalk Pram 4 feet to 5 feet on east side of boat parking. 2. Installation of header curb between Chamber asphalt parking and turf black parking. 3. Increase driveway turn-out width at Harbor [,ight<~t by 4 sy. 4. Extend pavement additional 10 feet to ensure smooth tran.ition between old and new pavement. 5. AdjuKt sewer manhole for additional chamber turf parking. 6. Additional irrigation around chamber building per Pubtic Works request. 7. Sod adjustment between Floratam and Aahia prr egtrerncnt (r;50.22 instead of 50.1 R ~ sf A) Contract Price Prior to this Change Order 5 1,231,707.01 Nct Increa.e (Decrease) Resulting Cram this Change Order 5 R,l 14.R I New Contract Price Including this Change Order $ ~l ) r 2 3q ~ S2 ~' gZ l3) Contract Tune Prior to the Change Order (Number of Days) 1 RR clays ~`. Net Inereave (Decrease) Resulting from the Change Order (Number of Days) I R9 days ~ New Completion Date Including this Change Order July 2R, 2009 s~CRk;FD: Darr: ~ 3 r i Authorized Signature Ciq• Manager Authoriration -cumulative amount less thaw t3°/. of contact price or 515,000 single change order City Council Authorization -cumulative amount exceeds 13•/. of contract price or StS,000 sinKi~e chanKe order ~ (met ti~rg dare ~~_..) nN: ~Z3 f o j' ~._.. Date• Project M Finance Director ;~' 'F.5 to hedRet !taffy A. e, MMC', C7t}~ (terk City Attorney f~-^iu e!/L f'"~ ,~/ A+ to Icaal Change Order H a D CONSTRUCTION CO. INC. c~-a=~ colr~nACraes uc. * caC oexau UNDERt~tOt1ND t111L1'11f • EXCAVATION tJC. f CUC1221748 TEL: 77x.429.1620 RAX:7T2.A31.1628 ~rojoestl Indian River Drive and Main Strut iocatlom Sabastlan o~e« oalaa~ Contraato~ City of Sabaatlan Atbntion: Joa >khulka Ph. No.: 77~.770.96ZZ Fan No: 773.770.#496 ~/~yy1YA~yY~-~IIW {..G1IINTTIR) M I'IiN1l1{i.M~ ~ ® 5~~~~W i;°lY z 4 ~r.~- _. ,~~-__ t';;sr1 Coq ~~;t.~t_Al°I tSt,Rtr~' C'I`TY ()I: SCI3AS"I'IAN CNANC:E O(Zt?F;R CHAN(;F OBOER # PlJi2<.'NASE: ORDER. M ('ONTi2AE'TOR: H & i) (ttnstructirrn ('o., Enc ADDRI;5S: 18(13 S. 2S`" Street Ft. Pia•re. FL 34y47 PRO.tECT NAME: tntliun Ritirr Drier anti Nt;tin titrt~rt tmprtrverncnt~. PROJECT' #: PHQNE; t0: 772-429-iti2tt CONTi2.AC"T NAME: Michact i)iGiacomo CON'T'RA(`"T !)ATE: .ienuitr)• 20, 2ti()9 13y tflc si~!nzzturc af'iixed flela~x, hoth the City titre! the. Contractor ttEree ter the chzin~c5 ,is sti{tufxted herein. Upon proffer execution oi' this docunlrnt. the C`vntnctor iti hcrehy notifie<! to uuninint;e ~~vrk. Afl changes ~;iatrcf bc;lvw ;ire. tlerc:hv incur~~rtted atnd made a part oi~the {:'ontr;ict itfentified above, and .ll! the tends and conditions vF ktid (:ont.raet rite enjoined and in -iril ti>rce wftile exct:utirts i}ie chant;c~{x) stipulaicd as lollaws: 1. Install t 5" tjraina~;e pipe fiom inlet at N44' ct~rne•r ot~ Mnin St & N. ('t;nlra4 tv the c.witirt~ n~anht~le on Main Si:rcet west vt' IV. t.'entz~l. A} ('ontr»ct Price Prietr tip this C'h+inge t)rdrr $ 1,2?t5,794.~tt Net Increase. (17et-rcasc) kesultine; ti•nm tttis C'hztr+~,e f)rder X -t.`i 1:!.l~{) New° Ctntrtet Price Including this Change Order '~ 1,231,707.tt1 t3) ('ontrttrt Time Pricer tt~ the C.'hange Order (?~umtkr t9(~ ()a4sj ! YK da~~s Net Increase {l)ecrcase} Resulting trozn the ('h,tnge (>ntrr (Nuttttxr o('t3ays> I $9 dad-a New C"ampletion Date Including this Chansc t>rdrr July ?R. 20Ut) AGREED; ~~~ (.OMii~p~'~ ~- Cate: Z 7 OS' Authori~cd SiKnaturc Appr ft16 i; t'tY of Srb stinn in act-aLdaner vrith t'otte~'.'t', 1= tt) (ritectt aneL __ C'itr• 1latta~er .Authnriration -coma{»tite arnount Irss than IS°/„ of cuntrsct price or fi1g,6f)U xint;le cfian~e ortfer ~_ City C'.ouncil Autfiarization - cumulati~~e amount etceeils D 5°~o n(contract price or SI ~,LN11) siu~le rttan~e order (meeting t/atr .`, ....-~.,_} c'1-~ sl• ~:1- C'i nt 1'rojcct 'rlanuK~ Finance Oirt:rlnr Cite Attornry 1):~te. 3~3~~J 1nJ. \ !u trud~el to k•~_vt ..r- is Ratty a. 1'1 n, hiM11t , t~i+v (leek QUC}~ATI ON H 8 D CQNST~t3CTtON CO. tl~tC. GENHRAI CONTRACTORS LIC. s CGC 062443 I:fNQEAt.,ftOlNiD IJTfUTY S EXCaVAT10N UG. 8 C.UC1223760 TEL: 772.429.1620 fAX:772.f29.1628 Dale: ozrzsros pro38ct; Indian River Drive and 6Aain Street Contractor: City of Sebastian tocatiurt: Sebastian Attrntian: Joe 5chuike Ph. No.: Fax Na: item ~ln. Descn lion Price t]uartt' tJnrt Total Extension -_ -- --- ~~ ..__....._ 1. . 15" ADS -__ - __ _ . ---- 25A0 _._ . 32 t_F 800.00 S ~ -.-_ 2 .. _ -- _ Rtimove AS haft! Base - _ _-- --- ._ 20.00 40 __ 3Y _..__ 800.40 3 _ J Base 15.00 _~ 40 ~ SY S 600.00 .~ # R ce As bait - __._. .-_______ 55.00 _.~-.._.. _. .._.___. d4 5Y S 2,2410.Of1 . __ _ Total S 4,400.00 --- -- 10°,6 Profit --- 449.00 S 1 tf2 l3ortd b 72.60 -- - -- - Total Chan a Order~ E 4 912.6fl Mkive~tns ConSlrrnecf _ t A~ldiiipn:tl fJFC1VQ-ins (!~ -^~~~-~ 52.500.00 --~~~ mr a ~'~ ti014tE t?P PELtCAlV tStANU CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 3 PROJECT NAME: Indian River Drive and Main Street Improvements. PURCHASE ORDER # CONTRACTOR: H & D Construction Ca., Inc. ADDRESS: 1803 S. 25a' Street Ft. Pierce, FL 34947 PROJECT #: PHONE #: 772-429-1620 CONTRACT NAME: Michael DiGiacomo CONTRACT DATE: January 20, 2009 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. Al( changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. Construct ten (10) additional turf block parking spaces behind Chamber Building 2. A) Contract Price Prior to this Change Order $ 1,211,091.31 Net Increase (Decrease) Resulting from this Change Order $ 15,703.10 New Contract Price Including this Change Order S 1,226,794.41 B) Contract Time Prior to the Change Order (Number of Days) 185 days Net Increase (Decrease} Resulting trom the Change Order (Number of Days) 188 days New Completion Date Including this Change Order July 27, 20(}9 AGREED: - -- - -- - COMPANY Date: Z7 O~ Authorized Signature Approvals By City of Sebastian in accordance with a Sec. 2-l0,jcheck oael: City Manager Authorization -cumulative amount less than iS°/. of contract price or 515,000 siagie change order City Council Aut or' tion -cumulative amount exceeds 15% of contract price or $15,000 single change order O ST1AN: 3 /3 Date er -~ ' A T' T: _ ~ Project Manager ~~% ~~- ~~ Ilnance Director ~~ "`<as to budget Sally A. o, MMC, City Clerk City Attorney ~'~~ ~~ es to Icgil M W O O w z a U _ ~ ~ ~ ~ <-- ~~ p~ . - ~ z \ ~ Z n ~ ,.~ ~, d' 'r -cam" - ~ Q ~' z Q r ~` 4-- ~ ~ ~,~> Q Z ~ . ~ ~' ~ ~ ~ ~ f-- Q W C ~-" ~ ~ .., Cam. i' ~ ~ U ~ > 1- ;:, ~ ~ ~ ~ j, ~ ~ `~ lam/ ~~ fi ^ ' ~ ~ : , ~ '_ / /' z ~ , - ~.~; .~ 1 /:~ S V V ~ ,~ ,, o;~ r a ,:PAR: ~, ~, ~ W - j ~~ _ -- ,~-~' ~- ~ -- ~_ ... - ~_ \~ -1 -, ~ J n> ~. ~ ~~ ~I L (.!) -J ~-,~ ; ~ may. .~ ~ F--- ~, L / ~ ~ a ,.. ~_ F-- ~ ~' 0- ,''r~, -:, ~ ~ 2 ; ~ '' i_: y V ~ . ~: i -~ ~_`-. _ - c v ~~ -~---- y,3 HOME dF PELICAN ISWVD CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 2 PURCHASE ORDER # CONTRACTOR: H & D Construction Co., Inc. ADDRESS: 1803 S. 25`" Street Ft. Pierce, FL 34947 PROJECT NAME: Indian River Drive and Main Street Improvements. PROJECT #: PHONE #: 772-429-1620 CONTRACT NAME: Michael DiGiacomo CONTRACT DATE: January 20, 2009 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. Additional conduit and wire associated with FPL power pole relocation to US#1 and Main Street. (pole being relocated by FPL) 2. A) Contract Price Prior to this Change Order $ 1,208,858.31 Net Increase (Decrease) Resulting from this Change Order $ 2,233.00 New Contract Price Including this Change Order S 1,211,091.31 B) Contract Time Prior to the Change Order (Number of Days) 184 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 185 days New Completion Date Including this Change Order July 24, 2009 AGREED: COMPANY C~~~~~~~ //~((~~_~ Date: Z ZS OS Authorized Signature A r vials B Cit 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 (me i g date ) C O STAN: Date: 3 3 ~9 C er ATTE T: " ~ ~~ Project P ~----~ ~ ~~ Finance to budget Sally A. Mai MC, City Clerk City Atti to legal an aF _~ HO1VtE Of PELIUN ISIAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 1 PROJECT NAME: Indian River Drive and Main Street Improvement Project PURCHASE ORDER # CONTRACTOR: H & D Construction Co., Inc. ADDRESS: 1803 S. 25`h Street Ft. Pierce, FL 34947 PROJECT #: PHONE #: 772-429-1620 CONTACT NAME: Michael DiGiacomo CONTRACT DATE: January 20, 2009 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. Install drainage pipe liner in Main Street drainage pipe under US# 1 $ 27,255.29 2. Delete installation of water main deflection from contract ($ 10,000.00) 3. Change from 3 water services to 2 water services ($ 2.300.001 4. Total Net Change $ 14,955.29 A) Contract Price Prior to this Change Order ~ 1, l`J.i,yU.S.UG Net Increase (Decrease) Resulting from this Change Order $ 14,955.29 New Contract Price Including this Change Order $ 1,208,858.31 B) Contract Time Prior to the Change Order (Number of Days) 180 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 4 days New Completion Date Including this Change Order July 23, 2009 AGREED: COM~yCis'-~~-~ Datc: z ZS d rj Authorized Signature A royals B Ci 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 Co cil Authorization -cumulative amount exceeds 15% of contract price or SI5,000 single change order / (megti~date ) Project Finance city At ,~ AT `I': ~? Io budget Sally A. io, MMC, City Clerk to legal AS'CIAN: G Date: .3 3 J CITY OF ,EIE~~s~l~~~_ N HOME OF PELICAN !BLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 • FAX (772) 589-5570 NOTICE TO PROCEED INDIAN RIVER DRIVE/MAIN STREET PROJECT (Sent via a-mail mdigiacomo@hdroadinc.com; US Mail) DATE: Friday, January 16, 2009 TO: Michael DiGiacomo Hi3~D Construction Company, lnc. 1805 South 25~h Street Suite 1 Fort Pierce, FL 34947 You are hereby notified to commence work on Tuesday, January Z0, 2009, per the terms and conditions of the executed Construction Se-vices Agreement, pertaining to the Indian River Drive/Main Street project in the amount of $1,193,903.02. The contract provides one hundred eighty (180} days for Final Completion. The Project Manager is AI Minner, City Manager. All substantial communication relative to this project should be directed to him. We~ook forvyard to working with you on this important capital improvement. City Manager Cc: Sally Maio, City Clerk CRY OF SEBASTIAN • HOME OF PELICAN ISLAND 1225 MAIN STREET•SEBASTIAN, FLORIDA 32958 TELEPHONE:(772) 589-5330• FAX(772)589-5570 NOTICE TO PROCEED INDIAN RIVER DRIVE/MAIN STREET PROJECT (Sent via e-mail mdigiacomo @hdroadinc.com; US Mail) DATE: Friday, January 16, 2009 TO: Michael DIGiacomo H&D Construction Company, Inc. 1805 South 251h Street Suite 1 Fort Pierce, FL 34947 You are hereby notified to commence work on Tuesday, January 20, 2009, per the terms and conditions of the executed Construction Services Agreement, pertaining to the Indian River Drive/Main Street project in the amount of$1,193,903.02. The contract provides one hundred eighty(180) days for Final Completion. The Project Manager is Al Minner, City Manager. All substantial communication relative to this project should be directed to him. We ook fo and to working with you on this important capital improvement. 'T'.'a City Manager Cc: Sally Maio, City Clerk CONSTRUCTION SERVICES AGREEMENT THIS AGREEMENT made this (O day of pEG , 2008, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ("City") and H & D Construction Company, Inc., 1805 25`h St., Suite B, Ft. Pierce, FL 34947 ("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. Contractor, as an independent contractor, and not as an employee shall furnish and complete all of the necessary labor, material, and equipment to perform the work as specified or indicated in the agreement documents. The work is generally described as follows: The City of Sebastian proposes to construct site improvements to a 5.18 acre development area, including parts of Indian River Drive, Main Street and US-1 Rights-of--Way, and including City owned properties adjacent to Indian River Drive, Main Street and US 1, within the vicinity of the intersections of Indian River Drive, Main Street, and US-1, Main Street. The improvements include: - Re-alignment of approximately 690 LF of Indian River Drive, north and south of Main Street - Re-alignment of approximately 127 LF of Main Street from US-1 to Indian River Drive - Re-surfacing approximately 355 LF of Main Street west of US-1 - Intersection signal modifications at US-1 and Main Street - Construction of asphalt parking areas for 28 vehicles with boat trailers adjacent to the Main Street boat ramp - Construction ofoff-street parking areas adjacent to Indian River Drive - Construction of a public bathroom facility adjacent to the Main Street boat ramp - Park improvements including lighting, landscaping, benches, walls, fences, flagpole, pavers and sidewalks. - Earthwork, clearing, drainage, and utility construction necessary to accommodate the aforementioned improvements The protection and preservation of the Hardee Oak Tree, an existing tree with historical significance and value. The contract requires one primary contractor for all improvements described above. 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 A Bement s), Notice of Invitation to Bid, Instructions for Bidders, Bid Proposal, Bond Forms, Specifications and Scope of Work, Work Orders, Change Orders, Addenda if an~y other documents listed in the Agreement Documents, and written modifications issued after execution of this Agreement, if and 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 CONTRACT TIME: (1) The CONTRACTOR shall be substantially completed with the following timeframe (a) Within 30 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be utilized in the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Submit and secure approval of shop drawings. 6. Mobilize all labor, equipment, and materials. 7. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating construction. (b) From 31 calendar days to 150 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Install all roadway, paving, grading, utility, drainage, landscape, and building improvements. 2. Perform all testing. 3. Restore all disturbed areas to their pre-construction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion. (b) From 151 calendar days to 180 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. (2) Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraph (1) above, plus any extensions thereof Approved by the engineer and city in accordance with paragraphs 7.9 and 7.10 of this agreement. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER two-hundred dollars ($200.00) for each day that expires after the time specified in Paragraph 2.6 for Final Completion. If CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER two-hundred dollars ($200.00) for each day that expires after the time specified in Paragraph 2.6 for Final Completion and readiness for final payment. 2.7 CONTRACT PRICE OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $1,193,903.02, based on the Unit Price Work bid in the Bid Form. 2.8 UNIT PRICE WORK (A) Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. (B) The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer. Subject to the following provisions: Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor (C) Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. (D) Owner or contractor may make a Claim for an adjustment in the Contract Price in accordance with paragraph 7.9, i£ 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement and; 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 3.0 DEFINITION OF TERMS 3.1 GENERAL Whenever the following terms appear in these Agreement Documents, their intent and meaning shall, unless specifically stated otherwise, be interpreted as shown. 3.2 ACT OF GOD The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event), tornado or other cataclysmic phenomenon of nature. Rain, Wind or other natural phenomenon (including tropical waves and depressions) of normal intensity for the locality shall not be construed as an Act of God . 3.3 ADDENDUM (re: bid documents) A modification of the plans or other contract documents issued by the Owner and distributed to prospective bidders prior to the opening of bids. All Addenda shall be considered as part of the Contract Documents. 3.4 AGREEMENT A written agreement between the Contractor and Owner defining in detail the work to be performed. The words Agreement and Contract, are one and the same. 3.5 A.S.T.M. DESIGNATION Wherever the letters "A.S.T.M." are used in the Specifications, it shall be understood as referring to the American Society for Testing Materials. When reference is made to a certain Designated Number 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: Bidder shall submit a Bid Bond or Proposal Guarantee in the amount of 5% of the total amount of the Bid, in the form of a Cashier's Check, Unconditional Irrevocable Letter of Credit drawn in favor of the City of Sebastian on a National Bank, or a bond from a surety company duly licensed in the State of Florida. 3.8 BIDDER An individual, partnership, or corporation submitting a proposal for the work contemplated; acting directly or through a duly authorized representative. 3.9 CHANGE ORDER A written order issued to the Contractor by the City and covering changes in the plans, specifications, or scope of work when the amount of work changed is not deemed sufficient to require a supplemental agreement, or adjustments in the Contract Price or Contract Time. 3.10 CONTRACT ADDENDUM A special written provision modifying or clarifying the terms and conditions of the Contract. The Contract Addendum shall be considered as part of the contract documents. 3.11 CONTRACTOR The word "Contractor" shall mean an individual, partnership, or corporation, and his, their or its heirs, executors, administrators, successors and assigns, or the lawful agent of any such individual, firm, partnership, covenant or corporation, or his, their or its surety under any contract bond, 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 Engineer. The City may designate a staff member as 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. The Engineer and its designated employee(s) shall serve in the capacity as the inspector. 3.16 LABORATORY Any licensed and qualified laboratory designated by or acceptable to the Owner to perform necessary testing of materials. 3.17 OWNER City of Sebastian 3.18 PERFORMANCE AND PAYMENT BONDS Contractor shall submit bonds in the form prescribed by State Law, and generally as shown on sample forms herein, for Performance and Payment, each in the amount of 100% of the Contract Amount. 3.19 PLANS The official, approved plans, including reproduction thereof, showing the location, character, dimensions and details of the work to be done. All shop drawings submitted by the Contractor shall be considered as part of the contract documents. 3.20 PROPOSAL The proposal or bid is the written offer of a Bidder to perform the work described by the Contract Documents when made out and submitted on the prescribed proposal form (the "Bid proposal form"), properly signed and guaranteed. The proposal or bid shall be considered as part of the contract documents. 3.21 SPECIAL CONDITIONS Special clauses or provisions, supplemental to the Plans, Standard Specifications and other contract documents, setting forth conditions varying from or additional to the Standard Specifications for a specific project. 3.22 SPECIFICATIONS The directions, provisions, and requirements together with all written agreements made or to be made, setting forth or relating to the method and manner of performing the Work, or to the quantities and qualities of materials, labor and equipment to be furnished under the Agreement. 3.23 SUBCONTRACTOR An individual, partnership or corporation supplying labor, equipment or materials under a direct contract with the contractor for work on the project site. Included is the one who supplies materials fabricated or formulated to a special design according to the plans and specifications for the particular project. 3.24 SUPPLEMENTAL AGREEMENT A written understanding, or proposal and acceptance, executed between the City and the Contractor subsequent to execution of the Agreement herein with the written consent of the Contractor's Surety, relating to the work covered by the Agreement and clarifying or furthering the terms 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 specification and plans that show the location, character, dimensions and details to the work to be done. Work orders are specific instructions, of limited scope, that will be a part of this contract. Work orders shall be considered as part of the contract documents. ARTICLE II -Performance 4.0 PLANS, SPECIFICATIONS AND RELATED DATA 4.1 INTENT OF PLANS AND SPECIFICATIONS The intent of the Plans, Specifications, Work Orders and other Contract Documents is that the Contractor furnishes all labor and materials, equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work shown on the Plans and described in the Specifications and other Contract Documents and all incidental work considered necessary to substantially complete the Work ready for use, occupancy, or operation in a manner acceptable to the City. 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 seriousnes 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 maybe made by the Engineer when such correction is necessary for the proper fulfillment of their intention as construed by him. Where said correction of errors or omissions, except as provided in the next two (2) paragraphs below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be made under the Paragraph 10.7 CHANGES IN THE WORK below, except where the additional work maybe classed under some item of work for which a unit price is included in the proposal. The fact that specific mention of any part of work is omitted in the Specifications, whether intentionally or otherwise, when the same is clearly shown or indicated on the Plans, or is usually and customarily required to complete fully such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said work must be installed or done the same as if called for by both the Plans and Specifications. All work indicated on the Plans and not mentioned in the Specifications or vice versa, and all work and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated on the Plans or mentioned in the Specifications, shall be furnished and executed the same as if they were called for by both the Plans and Specifications. The Contractor will not be allowed to take advantage of any errors or omissions in the Plans and Specifications. The Engineer will provide full information when errors or omissions are discovered. 4.4 DRAWINGS AND SPECIFICATIONS AT JOB SITE One (1) complete set of all Plans, Specifications, Work Orders, Addenda, Change Orders, Shop Drawings and samples shall be maintained at the job site, in good order and annotated to show all changes made during the construction process, and shall be available to the Engineer and City at all times. A final copy thereof, along with "as-built" record drawings, operations and maintenance manuals, and data sheets, shall be delivered to the Engineer upon the completion of the Work. 4.5 DIMENSIONS Dimensions shown on the Plans will be used. Where the work of the Contractor is affected by finished dimensions, these shall be verified by the Contractor at site, and he shall assume the responsibility for their use. 4.6 SAMPLING AND TESTING Except as otherwise provided, sampling and testing of all materials, and the laboratory methods and testing equipment, required under the Specifications shall be in accordance with the latest standards or tenets of the American Society for Testing Materials. The testing of samples and materials shall be made at the expense of the Contractor, except where indicated otherwise. The Contractor shall furnish any required samples without charge. The Contractor shall be given sufficient notification of the placing of orders for materials to permit testing. 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 additional 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 Engineer at the time of the first submission of shop drawings and other drawings. The Engineer's approval of any shop drawings shall not release the Contractor from responsibility for errors, corrections of details, or conformance with the Contract. Shop drawings shall be submitted according to the following schedule: (a) Seven (7) copies shall be submitted to the Engineer at least thirty (30) days before the materials indicated thereon are to be needed or earlier if required to prevent delay of work or to comply with subparagraph (b). (b) The Engineer shall, within fourteen (14) days of the submittal of any shop drawings, return three (3) copies to the Contractor marked with any corrections and changes required and noting if the drawings are acceptable as noted, or if resubmittal is required. (c) The Contractor shall then correct the shop drawings to conform to the corrections and changes requested by the Engineer and resubmit six (6) copies to the Engineer. (d) Three (3) copies of Approved Shop Drawings shall be returned to the Contractor by the Engineer. 4.8 QUALITY OF EQUIPMENT AND MATERIALS In order to establish standards of quality, the Specifications may refer to certain products by name and catalog number. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable in design. The Contractor shall furnish to the Engineer a complete list of his proposed desired substitutions prior to the signing of the Contract, together with such engineering and catalog data as the Engineer may require. Further substitutions may be submitted during the course of work in accordance with Paragraph 4.10 SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL below. The Contractor shall abide by the Engineer'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 Engineer in writing by the Contractor and not by individual trades or material suppliers. The Engineer will advise of approval or disapproval of proposed substitutions in writing within a reasonable time. No substitute materials shall be used unless approved by Engineer 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 Engineer for review and written approval by the Engineer and City 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 Engineer and City. Catalog data for equipment approved by the Engineer and City does not in any case supersede the Contract Documents. The acceptance by the Engineer and City shall not relieve the Contractor from responsibility for deviations from Plans or Specifications, unless he has called the Engineer's attention, in writing, to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in the items submitted. The Contractor shall check the work described by the catalog data with the Contract Documents for deviations and errors. It shall be the responsibility of the Contractor to insure that items to be furnished fit the space available. He shall make necessary field measurements to ascertain space requirements, including those for connections, and shall order such sizes and shapes of equipment that the field installation shall suit the true intent and meaning of the Plans and Specifications. Where equipment requiring different arrangement of connections from those shown is approved, it shall be the responsibility of the Contractor to install the equipment to operate properly, and in harmony with the intent of the Plans and Specifications, and to make all changes in the Work required by the different arrangement of connections at his own expense. 4.10 SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL After the execution of the Contract Agreement, the substitution of equipment and/or material for that specified will be considered if: (a) The equipment and/or materials proposed for substitution is determined by the Engineer 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 Engineer and approval by the Engineer and 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 Engineer. 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 Engineer. Request for substitution of equipment and/or material which the Contractor cannot prove to the satisfaction of the Engineer, at its sole discretion and judgment, to be equal or superior in construction and/or efficiency to that named in the Contract will not be approved. 5.0 MATERIALS AND WORKMANSHIP 5.1 MATERIALS FURNISHED BY THE CONTRACTOR All materials and equipment used in the Work shall meet the requirements of the respective Specifications, and shall not be used until it has been approved in writing by the Engineer. Wherever the specifications call for an item of material or equipment by a manufacturer's name and type, and additional features of the item are specifically required by the specifications, the additional features specified shall be provided whether or not they are normally included in the standard manufacturer's item listed. Wherever the specifications call for an item of material or equipment by a manufacturer's name and type, and the specified item becomes obsolete and is no longer available, the Contractor shall provide a substitute item of equal quality and performance which is acceptable to the Engineer and City and is currently available, at no increase in Contract price. 5.2 STORAGE OF MATERIALS Materials and equipment shall be stored so as to incur the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment shall be located so as to facilitate prompt inspection. Private property zoned for, or adjacent to land zoned for, residential uses shall not be utilized for storage purposes. 5.3 REJECTED WORK AND MATERIAL Any materials, equipment or work which do not satisfactorily meet the Specifications maybe condemned by the Engineer or City by giving a written notice to the Contractor. All condemned materials, equipment or work shall be promptly taken out and replaced. All materials and equipment which do not conform to the requirements of the Contract Documents, are not equal to samples approved by the Engineer and City, or are in any way 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 WORKMEN All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or workman employed by the Contractor or subcontractors who, in the opinion of the Engineer or the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any subcontractor or persons employed by subcontractors. 5.6 CUTTING AND PATCHING The Contractor shall do all necessary cutting and patching of the Work that maybe required to properly receive the work of the various trades or as required by the Plans and Specifications to complete the Work. He shall restore 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 his surveillance. 5.7 CLEANING UP The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by his employees or work. At the completion of the Work, he shall remove all his rubbish, tools, scaffolding and surplus materials and shall leave his work "broom clean" or its equivalent, unless more exactly specified, and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. At no additional expense to the City, the Contractor will restore to their original conditions or better, as nearly as practicable, those portions of the site not designated for alteration and all such property, structure, utilities, landscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment will be withheld until such clean up and repairs are completed The Work will be considered complete only after all debris and unused material due to or connected with the Work have been removed and the surrounding area 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 The Contractor shall warrant all equipment furnished and work performed by him for a period of one (1) year from the date of final written acceptance of the Work by City. Satisfaction of warranty work after final payment shall be as per Paragraph 10.15. All equipment and material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to the Engineer for review and acceptance prior to final payment. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of breach of contract due to substandard materials or workmanship, nor shall such warranty period shorten the statute of limitations for bringing a breach of contract or other action based upon any such deficiencies. 6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR 6.1 PERSONNEL, 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 Engineer and City and the acceptance of all or any part thereof, shall not relieve the Contractor of his responsibility to achieve the lines, grades and dimensions shown in the Plans and Specifications. Prior to final acceptance of the project, the Contractor shall mark in a permanent manner on the surface of the completed Work all control points shown on the Plans. 6.2 CONTROL POINTS FURNISHED BY THE CITY The City will provide boundary or other control points and bench marks as shown on the Plans as "Contractor's Survey Control Point", if any is provided. The Contractor shall be responsible for all survey control of his work during construction. The Contractor shall preserve all reference points and benchmarks furnished by the City. 6.3 FURNISHING OF STAKE MATERIALS The Contractor shall furnish all stakes, templates and other materials necessary for establishing and maintaining the lines and grades necessary for control and construction of the Work. 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 all construction. Survey notes indicating the information and measurements used in establishing locations and grades shall be kept in notebooks and furnished to the Engineer with the record drawings for the Project. 6.5 RECORD DRAWINGS: At contract close-out, record drawings shall be delivered to Engineer for review and approval. Drawings shall be prepared by a licensed surveyor and provided in an electronic format (AUTOCAD), and on mylar, and three (3) sets of signed and sealed hard copies. The drawings shall depict depths of various elements of construction in relation to N.G.V.D. (1929); Horizontal and vertical locations of all underground drainage, utilities, irrigation, etc., referenced to permanent surface improvements; horizontal and vertical locations of all surface and above ground improvements including but not limited to pavement, curbs, sidewalks, inlets, manholes, buildings, mechanical/electric facilities, retention ponds, swales, ditches, fences, trees/shrubs; and record drawings must also comply with other local agency requirements, including I.R.C.D.U.S. as-built data required for water and sewer construction (state plane coordinates on all water and sewer utility infrastructure). 6.6 PAYMENT The cost of performing layout work as described above shall be included in the contract unit prices for the various items of work to which it is incidental, unless a separate bid item is included in the Bid Proposal Form. 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, water mains, sewer mains, 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 maybe other utilities within the project area. The cost of substantiating the location of utilities shall be borne by the Contractor and included in the contract unit prices for the various items of work to which it is incidental. The Contractor shall be responsible for the repair and/or replacement of utilities, which he damages during the course of construction. Utilities deemed to require relocation shall be identified by the Contractor prior to commencing work. The Contractor shall notice the Engineer of the conflict and seek direction from the Engineer prior to proceeding with work. Directions from the Engineer maybe 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 Engineer and approved 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 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 the Engineer and 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. 7.4 SCHEDULE OF COMPLETION The Contractor's schedules are subject to the approval of the Engineer and 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 Engineer and City on the twenty-fifth (25th) day of every month with the Contractor's pay request. 7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE The Contractor shall coordinate his work with other contractors, the City and utilities to assure orderly and expeditious progress of work. The City shall hold apre-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 Ownershi 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.. B. Private Ownership Mail and newspaper boxes, sprinkler systems, ornamental shrubs, lawn ornaments, house numbers, fences, etc. maybe 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 maybe affected by the Work but are not required to be disturbed or relocated by the very nature of the project, shall be protected and maintained by the Contractor and shall not be disturbed or damaged by him during the progress of the Work; provided that, should the Contractor disturb, disconnect or damage any utility or any structure, all expenses of whatever nature arising from such disturbance or the replacement or repair and testing thereof shall be borne by the Contractor. 7.8 CROSSING PUBLIC FACILITIES When new construction crosses highways, railroads, streets or similar public facilities under the jurisdiction of state, county, city, or other public agency or private entity, the City through the Engineer shall secure written permission prior to the commencement of construction of such crossing. The Contractor will be required to furnish evidence of compliance with conditions of the permit from the proper authority before final acceptance of the Work by City. Road closures are governed by Paragraph 8.3 below. 7.9 CHANGES IN THE WORK The City may order changes in the Work through additions, deletions or modifications without invalidating the Contract; however, any change in the scope of work or substitution of materials shall require the recommendation of the Engineer and 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 maybe 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 or Engineer when said Project Manager or Engineer determines that weather conditions make it counterproductive to work on said days. "Rain day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be processed as a Change Order with each pay submittal. In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the Work was suspended; except, however, that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 7.11 CORRECTION OF WORK Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements of the Contract Documents, whether observed before or after completion of the Work and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of one (1) year from the date of completion of the Work or by the terms of an applicable special warranty required by the Contract Documents. The provisions of this Paragraph apply to the Work done by Subcontractors as well as to the Work done by direct employees of Contractor. Nothing contained in this Paragraph shall be construed to establish a period of limitation with respect to other obligations which Contractor might have under the Contract Documents. Establishment of the time period of one (1) year as described in Subparagraph 7.11(a) above relates only to the specific obligation of Contractor to correct the Work, and has no effect on the time within which the obligations of the Contract Documents maybe enforced, nor to the time within which proceedings maybe 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 as provided in paragraph 2.6. Inspection of the Work by the City and the subsequent issuance of a notice by the City and Engineer 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 maybe affected thereby; all the work materials and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his subcontractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall be held fully responsible for such safety and protection until final written acceptance of the Work. Fire hydrants on or adjacent to the Work shall be kept accessible to fire fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the proper functioning of all swales, gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed except as approved by the City. The Contractor acknowledges that, in executing the Project, it will operate machinery and equipment that maybe dangerous to the adjacent property owners and the general public. The Contractor will be required to conduct excavations for the Project which may be hazardous to person and property. The Contractor shall develop and implement a job safety and security plan which will adequately protect all property and the general public. 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 of more than two (2) consecutive blocks, including the cross street intersected will not be permitted without specific authorization of the City. No road or street shall be closed to the public except with the permission of the City and proper governmental authorities (LR.C., F.D.O.T., as applicable). When closing of roads are permitted, it shall require forty-eight (48) hours notification to the City, LR.C. , or F.D.O.T. (applicable agency with jurisdiction). Traffic detours shall be pre-approved prior to closing. "Street Closed to through Traffic" signs and "Detour" routes shall be indicated and maintained by the Contractor when the job is located in a public or private street. 8.4 PROVISION OF ACCESS Where traffic must cross open trenches, the contractor shall provide adequate ingress and egress to dwellings, business facilities, utilities and service. Temporary provisions shall be made by the Contractor to insure the use of sidewalks. The Contractor shall provide suitable crossings at street intersections and driveways, and supply such aid as maybe required for pedestrians and motorists, including delivery vehicles, to safely negotiate the construction areas. On completion of Work within any area, the Contractor shall remove all debris, excess materials, barricades and temporary Work leaving walkways and roads in said area clear of obstructions. 8.5 WARNING SIGNS AND BARRICADES The Contractor shall provide adequate signs, barricades, warning lights and flagmen, as required, and all such other necessary precautions for the protection of the Work and the safety of the public. All barricades and obstructions shall be protected at night by regulatory signal lights which shall be kept in operation from sunset to sunrise. Barricades shall be of substantial construction and shall be reflective to increase their visibility at night. Suitable warning signs shall be so placed and illuminated at night as to show in advance where construction, barricades or detours exist. Unless so designated in the Bid Documents, no direct payment for this work will be made, but the cost of providing, erecting and maintaining such protection devices, including guards, watchmen and/or flagmen as required shall be considered as included and paid for in the various contract prices of the Work. Warning signs and barricades shall be in conformance with the State of Florida, Manual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations, latest edition. The Contractor shall provide and maintain adequate barricades, construction signs, torches, flashers, guards and flagmen as required in pedestrian and vehicular traffic areas. Regulations of local authorities shall be complied 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 maybe 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, or other applicable government agencies. 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 or on a residential lot overnight or on weekends. At the close of work each day, the equipment shall be driven to and stored in a designated area so that the equipment will not become an "attractive nuisance" to neighborhood children. All equipment left unattended during the course of working day, such as during lunch hours or work breaks, shall not be left in a condition or location which would create a safety hazard to the general public. All keys shall be removed from the machines during those times. 8.8 TEMPORARY FACILITIES AND CONTROLS The Contractor shall provide controls for sanitary facilities, environmental protection and safety controls on site acceptable to the Florida Department of Health and Rehabilitative Services, Department of Environmental Protection, and St. Johns River Water Management District. 8.9 SANITARY PROVISION The Contractor shall provide and maintain such sanitary accommodations adequate for the use of his employees and those of his subcontractors, and as maybe 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 maybe required or approved. The Contractor shall maintain the sanitary facilities in a satisfactory and sanitary condition at all times and shall enforce their use. Contractor shall rigorously prohibit the committing of nuisances on the site of the Work, on the lands of the City or an adjacent property. The City shall have the right to inspect such 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 his review prior to initiation and implementation of the plan. 8.12 DUST CONTROL The Contractor shall provide for adequate protection against raising objectionable dust clouds caused by moving construction equipment, high winds or any other cause, and shall submit a plan to the Engineer for his review prior to initiation and implementation of the plan. 8.13 WATER CONTROL The Contractor shall provide for satisfactory disposal of surplus water and shall submit a plan to the Engineer for his review prior to initiation and implementation of the plan. Prior approval shall be obtained from the proper authorities for the use of public or private lands or facilities for such disposal. 8.14 POLLUTION, SILTATION AND EROSION CONTROL The Contractor shall provide for and take sufficient precautions to prevent pollution of private and public lands, reservoirs, ponds, rivers, streams, creeks, etc., by the disposal of surplus materials in the forms of solids, liquids or gases 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 situation 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 (S.W.P.P.P.), 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 Florida Department of Environmental Protection and the St. John's River Water Management District for control of discharge of Total Suspended Matter, and shall prevent water and wind erosion of the work. The contractor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the City for violations of E.P.A., FDEP, or SJRWMD permits, permit conditions or regulations committed by the contractor or any subcontractors on this site. 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 and other government agencies with jurisdiction, including but not limited to F.D.O.T., F.D.E.P., I.R.C., and S.J.R.W.M.D.. 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 Engineer and City when work is considered to be complete, in operating condition, and ready for inspection. Further inspection requirements maybe designated in the Technical Specifications. The contractor shall conduct tests necessary to determine if the Work functions properly. Arrangements for testing laboratory services will be made by the contractor. Payment for testing to show compliance with specified requirements will be paid for by the contractor. At the city's discretion, the city may re-test or arrange additional testing beyond that normally and typically required to be provided by the contractor. The cost of retesting or additional testing shall be paid by the city, except when materials and workmanship fail to meet specified requirements. Then the cost will be deducted from moneys due the Contractor. 9.6 EXAMINATION OF COMPLETED WORK The Engineer or 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 maybe 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 he shall: (a) Declare bankruptcy, become insolvent or assign his assets for the benefit of his creditors. (b) Disregard or violate the provisions of the Contract Documents or City's written instructions, or fail to prosecute the Work according to the agreed schedule of completion including extensions thereof. (c) Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper materials, or fail to make prompt payment therefore. 9.10 RIGHTS OF VARIOUS INTEREST Wherever work being done by the City's forces or by other contractors is contiguous to work covered by the Contract, the respective rights of the various interests involved shall be established by the City, to secure the completion of the various portions of the Work in general harmony. 9.11 SEPARATE CONTRACTS The City may let other contracts in connection with the Work of the Contractor. The Contractor shall cooperate with other Contractors with regard to storage of materials and execution of their work. It shall be the Contractor's responsibility to inspect all work by other contractors affecting his work and to report to the City any irregularities which will not permit him to complete his work in a satisfactory manner. His failure to notify the City of such irregularities shall indicate the work of other contractors has been satisfactorily completed to receive his work. It shall be the responsibility of the Contractor to inspect the completed work in place and report to the Engineer immediately any difference between completed work by others and the Plans. 9.12 SUBCONTRACTS AND PURCHASE ORDERS Prior to signing the Contract or at the time specified by the City, the Contractor shall submit in writing to the City the names of the subcontractor proposed for the Work. Subcontractor may not be changed except at the request or with the approval of the City. The Contractor is responsible to the City for the acts and omissions of his subcontractors and their direct or indirect employees, to the same extent as he is responsible for the acts and omissions of his employees. The Contract Documents shall not be construed as creating a contractual relation between any subcontractors and the City. The Contractor shall bind every subcontractor by the terms of the Contract Documents. For convenience of reference and facilitate the letting of contracts and subcontracts, the Specifications are separated into title sections. Such separations shall not, however, operate to make the Engineer or City an arbiter to establish limits to the contracts between the Contractor and subcontractors. 9.13 WORK DURING AN EMERGENCY The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, he shall notify the Engineer and City of the emergency as soon as practicable, but he shall not wait for instructions before proceeding to properly protect both life and property. 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 beheld to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. 9.15 NIGHT, SATURDAY AND/OR SUNDAY WORK No night or Saturday and Sunday work will be permitted, except in case of emergency, or with prior approval 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 equipmen, or to operate and maintain special equipment such as dewatering pumps which may be required to work 24 hours per day. All such night, Saturday and/or Sunday work must be authorized by the City. 9.16 UNAUTHORIZED WORK Work done without lines and grades having been established, work done without proper inspection, or any changes made or extra work done without written authority will be done at the Contractor's risk and will be considered unauthorized, and, at the option of the City, may not be measured and paid for. 9.17 USE OF COMPLETED PORTIONS OF THE WORK The City shall have the right to use, occupy, or place into operation any portion of the Work that has been completed sufficiently to permit safe use, occupancy, or operation, as determined by the Engineer. If such use, occupancy, or operation increases the cost of or delays the Work, the Contractor shall be entitled to extra compensation, or an extension of time, or both, as determined by the Engineer. However, if Contractor has failed to complete the Work in accordance with the time requirements of the Agreement, no compensation (including set-offs to liquidated damages) shall be allowed for such use or occupancy. 9.18 CONTRACTOR'S RESPONSIBILITY FOR WORK Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non-execution of the Work. The Contractor shall rebuild, repair, restore and make good, without additional compensation, all injury or damage to any portion of the Work occasioned by any cause, other than the sole and active negligence of the City, before its completion and acceptance. 10.0 MEASUREMENT AND PAYMENT 10.1 DETAILED BREAKDOWN OF CONTRACT Except in cases where unit prices form the basis for payment under the Contract, the Contractor shall submit a complete breakdown of the contract amount showing the value assigned to each part of the Work, including an allowance for profit and overhead within ten (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: (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. 10.5 PAYMENT FOR UNCORRECTED WORK Should the City direct, in writing, the Contractor not to correct work that has been damaged or that was not performed in accordance with the Contract Documents, an equitable deduction from the contract amount shall be made to compensate the City for the uncorrected work. 10.6 PAYMENT FOR REJECTED WORK AND MATERIALS The removal of work and materials rejected under Paragraph 5.3 and the re-execution of work by the Contractor shall be at the expense of the Contractor and the Contractor shall pay the cost of replacing the destroyed or damaged work of other contractors by the removal of the rejected work or materials and the subsequent re-execution of that work. In the event that City incurs expenses related thereto, Contractor shall pay for the same within thirty (30) days after written notice to pay is given by the City. If the Contractor does not pay the expenses of such removal, after ten (10) days written notice being given by the City of its intent to sell the materials, the City may sell the materials and shall pay to the Contractor the net proceeds therefrom after deducting all the costs and expenses that are incurred by the City. If the proceeds do not cover the expenses incurred by the City, such additional amounts may be set-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. Compensation to be paid to the Contractor for accomplishing the work of a Change Order shall be established in one of the following ways: (a) By lump sum proposed by the Contractor and accepted by the City. (b) By unit prices established and agreed to. (c) By unit prices established for additional kinds of work. (d) By other methods as may be mutually agreed upon. (e) By force account wherein the Contractor provides the labor and materials at Contractor's direct cost plus 15% for overhead and profit. When the force account method is used, the Contractor shall provide full and complete records of all costs for review by the City. B. Claims Claims arising from changes or revisions made by the Contractor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for work not covered herein, or in Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the Contractor hereby waives its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that the City has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. 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 him pertaining to the canceled items before the date of cancellation or suspension of the Work. The Contractor shall be allowed a profit percentage on the materials used and on construction work actually done, at the same rates as provided for "Changes in the Work", but no allowance will be made for anticipated profits. Acceptable materials ordered by the Contractor or delivered on the site before the date of such cancellation or suspension shall be purchased from the Contractor by the City at actual cost and shall thereupon become the property of the City. 10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY If the Work or any part thereof shall be suspended by the City as provided in Paragraph 9.3, the Contractor will then be entitled to payment for all work done except as provided in Paragraph 10.4. 10.10 PAYMENT FOR WORK BY THE CITY The cost of the work performed by the City removing construction materials, equipment, tools and supplies in accordance with Paragraph 5.7 and in correcting deficiencies in accordance with Paragraph 9.8 shall be paid by the Contractor. 10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION OF CONTRACT A. Termination b_y 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 bxCity 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 final request for payment. The Contractor's final request for payment shall be the contract amount plus all approved written additions less all approved written deductions and less previous payments made. As a condition for Final payment, a Contractor's Final Affidavit must be received by the City along with his Final Payment Request and any as-built drawings which may be required. The Contractor shall furnish full and final releases of Claim for labor, materials and equipment incurred in connection with the Work, following which the City will release the Contractor except as to the conditions of the performance bond, any legal rights of the City, required guarantees and satisfaction of all warranty work, and shall authorize payment of the Contractor's final request for payment. 10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT The making of the final payment by the City to the Contractor shall not relieve the Contractor of responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty materials and workmanship and the Contractor shall promptly replace any such defects discovered within one (1) year from the date of final written acceptance of the Work by the City. 11.0 PUBLIC CONTRACT REQUIREMENTS 11.1 COVENANT AGAINST CONTINGENT FEES The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, 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 his 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 any FDOT Joint Participation 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 his duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work where the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 11.5 PUBLIC ENTITY CRIMES The Contractor shall file the attached sworn statement which is entitled PUBLIC ENTITY CRIMES, stating whether a person or affiliate as defined in Section 287.133 (1) Florida Statutes, has been convicted 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 consist of 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 he has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him and any subcontractor performing work under this Contract, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by himself or by any subcontractor or by any one directly or indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City and the Engineer 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 the following permits/approvals that the contractor shall secure: Contractor's licenses and registrations, SJRWMD Consumptive Use Permit for construction de-watering activities, F.D.E.P. N.O.I to use Generic Permit for the Discharge of Produced Groundwater from any Non-Contaminated Site Activity, and any building permit's 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 himself or his employees. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. The Contractor shall keep himself fully informed of all existing and pending state and national laws and municipal ordinances and regulations in any manner affecting those engaged or employed in the Work, or in any way affecting the conduct of tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in the Plans, Specifications, or Contract for this work in relation to any such law, ordinance, regulations, order or decree, he shall forthwith report the same to the Engineer and City in writing. He shall at all times himself observe and comply with and cause all his agents, subcontractors and employees to observe and comply with decrees; and shall protect and indemnify the City and Engineer, their officers, employees and agents against any expense, claim or liability arising from or based upon violation of any such law, ordinance, regulations, orders or decree, whether by himself or his employees. All building construction work alterations, repairs or mechanical installations and appliances connected therewith shall comply with the applicable building rules and regulations, restrictions and reservations of record, local ordinances and such other statutory provisions pertaining to this class of work. 12.0 MISCELLANEOUS 12.1 ADDRESSES FOR NOTICES All notices given under or in connection with any of the Contract Documents shall be delivered in person or by telegraph or registered or certified mail to the parties at the address as either party may by notice designate. 12.2 WRITTEN NOTICE Written notice shall be considered as served when delivered to the designated representative of the Contractor and receipt acknowledged or sent by registered mail to the individual, firm, or corporation to the business address stated in Bid Proposal. Change of Address: It shall be the duty of each party to advise the other parties to the Contract as to any changes in his business address until completion of the Contract. 12.3 TAXES Contractor shall pay all sales or other taxes of any type which maybe 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. ATTEST: ~ ~A ~t , , rl ~~ Sally A. M o, MMC THE/CITY~~F SEBASTIAN Byi Title: (SEAL) Appro d as to Form and Content for: Reliance by the City of Sebastian Only Robert A. Ginsburg, Interim City Attorney --------------------------- CONTRACTOR -------------/--------/---- Signed, sealed and delivered }~ * ~ ~~ N 5~`~~ ~ ~-T~ Y ~ C° -~ ~~- in the presence of: / NA ~ ~ ~Li.Qitx.~Cl~- By: ~ -~~1 ~'~~~ -- Name: /~, ~~.t ,~ ~ :~ ~ A ca .~-~ NAME: Title: `~~s, ~ r ~ Section 00450 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-3-6-months-from the date that person or a-f-fil-i-ate 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. 00450-1 Section 00450 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. Zue, Thnt t Pi for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by Co (name of entity submitting sworn statement) whose business address is igo5 S. ZS cra-6 ( 7e." FC.. 3V7 '7 and (if applicable) its Federal Employer Identification (FEIN) is 65. /5/67 (If the entity has no FEIN, include -the-Social Security Number of the individual signing this sworn statement: .) 3. My name is F1 ArAco,,,,,,o (please print name of individual signing) and my relationship to the entity named above is (PiZesrO6� 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. 00450-2 Section 00450 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, artners shareholders,� s, ees emplo members,Y mem a 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.) K 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.) 00450-3 Section 00450 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.) /71//4 f (Signature) Date: ///Z�/6j STATE OF FLORIDA COUNTY OF $7- Luc/6— The foregoing instrument was acknowledged before me this E/ s- day of Nove„4u,- , 2008 by jot(A-1-46_c_ D/ iiro v.e. W265/oD6✓F (title) on behalf of /-Ii-` C'6as7/rz,,c « (name of partnership), a partnership. He/she is personally known to me or has produced as identification and did 05.did not ( ) take an oath. 4o1ARY P pBG �� C /'/ try BRENDA C.HORNE * t_�= * MY COMMISSION#DD 627945 Name: S' —)c c C l� of 013 "\cr EXPIRES:January 13,2011 02 FOF ne Bonded Thru Budget Notary Services My Commission Expires: //t3//i Commission Number: END OF SECTION 00450-4 Section 00454 DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that lIl' v CO is5/—c,-TrG , Co.- -ti C does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs-and the penalties that--may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or 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 free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: 0/6 g f//' /--�� �aC Signature End of Section 00454-1 10/19/2008 20: 51 7727709496 SCHULKE,BITTLE&STODD PAGE 02 ADDENDUM NO. 1 CITY OF SEBASTIAN INDIAN RIVER DRIVE AND MAIN STREET IMPROVEMENT PROJECT YOU ARE REQUIRED TO INCLUDE AN ORIGINAL EXECUTED COPY OF THIS NOTICE WITH YOUR SUBMITTED BID Addendum #1 RECEIVED AND CONSIDERED BY: (�NStR✓c-' c o C Name of Bidder MiG14A (— lJr 6trACo ;m.a Name of Bidder's Representative Signature of Bidder's Representative & Title t t `1 U g Date 2 VIA FAX, US MAIL, OR HAND DELIVERY DATE: October 20, 2008 FROM: City of Sebastian TO: ALL BIDDING CONTRACTORS SUBJECT: ADDENDUM NO. 1 CITY OF SEBASTIAN INDIAN RIVER DRIVE AND MAIN STREET IMPROVEMENT PROJECT This is to notify all parties holding plans and specifications of the following: Please note that the pre-bid conference meeting will be held on THURSDAY, OCTOBER 30, 2008 AT 10:00 A.M. in the Sebastian City Hall, Second Floor Conference Room, 1225 Main Street, Sebastian FL, 32958. This meeting is MANDATORY. YOU ARE REQUIRED TO INCLUDE AN EXECUTED COPY OF THIS NOTICE WITH YOUR SUBMITTED BID Sincerely, Joseph W. Schulke, P.E. Schulke, Bittle & Stoddard, LLC ADDENDUM NO. 2 CITY OF SEBASTIAN INDIAN RIVER DRIVE AND MAIN STREET IMPROVEMENT PROJECT YOU ARE REQUIRED TO INCLUDE AN ORIGINAL EXECUTED COPY OF THIS NOTICE WITH YOUR SUBMITTED BID Addendum #2 RECEIVED AND CONSIDERED BY: l.ON5 vGZC c-, co- -4A1L Name of Bidder Name of Bidder's Representative 1 Rep e Signature of Bidder's Re resentativ ate& Date 2 VIA FAX, US MAIL, OR HAND DELIVERY DATE: November 6, 2008 FROM: City of Sebastian TO: ALL BIDDING CONTRACTORS SUBJECT: ADDENDUM NO, 2 CITY OF SEBASTIAN INDIAN RIVER DRIVE AND MAIN STREET IMPROVEMENT PROJECT This is to notify all parties holding plans and specifications of the following: 1. The contract documents shall include the attached City of Sebastian "pre-bid meeting minutes" as part of the contract documents and scope of work. The minutes contain questions received from plan holders, and answers from the engineer. These answers are to be considered additional specifications for the contract. 2. Attached is a copy of the pre-bid meeting attendance/ sign in sheet. It has been typed for clarity and ease of use. 3. Attached is a "plumbing plan", sheet P.1, for the restroom facility. This may have been left out of the original bid set of plans/contract documents provided to plan holders. This plan sheet shall be used to help formulate the bid price for the restroom facility. 4. Attached is a copy of PP. 00300-6 to 00300-15, the "+City of Sebastian Bid Form", from Section 00300 of the contract documents. This form is provided in a hard copy format and electronically in a word document for the plan holder's use. Please note that Bid Item No.'s "G.14." Type "C" Inlets; "G.15" Type "F" inlets quantities have changed. An explanation is given in the attached "Pre-Bid Meeting Minutes" 5. The bid date has been extended one (1) week to Friday, November 21, 2008 at 2:00 P.M. YOU ARE REQUIRED TO INCLUDE AN EXECUTED COPY OF THIS NOTICE WITH YOUR SUBMITTED BID Sincerely Jos-ph Schulke, P.E. Schuik, :ittle & Stoddard, LLC 1 SECTION 00300 BID FORM PROJECT IDENTIFICATION: City of Sebastian Indian River Drive and Main Street Improvement Project PROJECT DESCRIPTION: The City of Sebastian proposes to construct site improvements to a 5.18 acre development area, including parts of Indian River Drive, Main Street and US-1 Rights-of-Way, and including City owned properties adjacent to Indian River Drive, Main Street and US 1, within the vicinity of the intersections of Indian River Drive/ Main Street, and US-1/ Main Street. The improvements include: - Re-alignment of approximately 690 LF of Indian River Drive, north and south of Main Street - Re-alignment of approximately 127 LF Main Street from US-1 to Indian River Drive - Re-surfacing approximately 355 LF of Main Street west of US-1 - Intersection signal modifications at US-1 and Main Street - Construction of asphalt parking areas for 28 vehicles with boat trailers adjacent to the Main Street boat ramp - Construction of off-street parking areas adjacent to Indian River Drive - Construction of a public bathroom facility adjacent to the Main Street t eet boat ramp - Park improvements including lighting, landscaping, benches,ches walls f ences, flagpole, pavers, sidewalks. - Earthwork, clearing, drainage, and utility construction necessary to accommodate the aforementioned improvements - The protection and preservation of the Hardee Oak Tree, an existing tree with historical significance and value. The contract requires one primary contractor for all improvements described above. THIS BID IS SUBMITTED TO: Al Minner, City Manager 1225 Main Street Sebastian, FL 32958 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in the Contract Documents and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Notice of Invitation to Bid and Instructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. Bidder will sign and submit the Agreement with the bonds and other documents required by the Bidding Requirements within ten (10) calendar days after the date of Owner's Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: (a) Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): /0Vate Number a,;-• Il///o2 00300-1 (b) Bidder has familiarized itself with the nature and extent of the Contract Documents, the work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or finishing of the work. (c) Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions contained in such reports and drawings upon which Bidder is entitled to rely. (d) Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as Bidder considers necessary for the performance or furnishing of the work at the contract price, within the contract time and in accordance with the other terms and conditions of the contract documents, and no additional examination, investigations, explorations, test, reports, studies or similar information or date or will be required by Bidder for such purposes. (e) Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by Bidder in order to perform and furnish the work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents. (f) Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. (h) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain fro_m_bidding;_and.____ Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. 4. Bidder will complete and include with the bid the Schedule of Bid Items attached to this proposal. The quantities shown on the Schedule of Bid Items are approximate quantities to be used for the purpose of comparing bids. The actual quantities may vary. It is further understood that the actual amount of the Agreement, and payments there under, will be based upon the actual quantities placed into the work. 00300-2 5. Bidder agrees that the work will be completed in accordance with the following timeframe. (a) Within 30 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be utilized in the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Submit and secure approval of shop drawings 6. Mobilize all labor, equipment, and materials. 7. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating construction. (b) From 31 calendar days to 150 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Install all roadway, paving, grading, utility, drainage, landscape, and building improvements. 2. Perform all testing. 3. Restore all disturbed areas to their pre-construction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a and b) constitutes Substantial Completion. (c) From 151 calendar days to 180 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitutes Final Completion. 6. The following documents are attached to and made a part of this Bid: (a) Certificate of Compliance with the Florida Trench Safety Act (Section 00300 Bid Form). (b) Public Entities Crime form (Section 00450) (c) Disclosure of Relationships (Section 00452) (d) Drug Free Workplace (Section 00454) (e) Bidder Qualification Questionnaire (Section 00456) (J Copies of licenses and/or certificates (g) Proof of Insurance Two copies of the Bid Form and all other attachments must be submitted 7. The terms used in this Bid, which are defined in the Construction Services Agreement (section 00530) included as part of the Contract Documents, have the meanings assigned to them in the Construction Services Agreement. Contractor acknowledges the insurance requirements of Paragraph 11.8 of the Construction Services Agreement (Section 00530) and any addendums and agrees to provide said insurance upon award of contract. 00300-3 8. The undersigned 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. BIDDER INFORMATION: SUBMITTED ON: ///rA ,/ (DATE) SUBMITTED BY: #1� Co 712„)cTiu-J Co -�,IC--(NAM/E OF BIDDER) /.0.5 S. Z. -I c---17.66.-7- (STREET ADDRESS) -OrLT 7/6/Z.6c ft-' 3y5 Y7 (CITY,STATE, ZIP) '77Z - Vzc- /LZG (PHONE #) 77Z - ra/zy 76ZE (FAX#) o,61ACc, ()_.. co;t (E-MAIL) 6S /15/o7Z (FEDERAL ID#) Ce7C 06 Z!413 (FLORIDA LICENSE#) SIGNED BY: (0-1/96L ia�co Wv (PRINTED NAME) i,1 �.re ?476.Sr OGN i (TITLE) (SIGNATURE) Award shall be made to the Bidder that submits the lowest bid price or lowest alternate bid price providing that the Bidder is both responsive and responsible. /114//;621( Pl(c-t4146(_ 1(6 ( Coirk1/4_6 Authorized Signature Printed Name 36-5/06—„r 11 f zi��2 Title Date 00300-4 SCHEDULE OF BID ITEMS All bid items shall include costs for furnishing to the OWNER all materials, equipment, and supplies and for all costs incurred in completing the work including installation of all materials, equipment, and supplies furnished, complete in place and ready for continued service, all other labor, taxes, insurance, miscellaneous costs, overhead and profit. 00300-5 0 0 9 a 2 n 0 8 0 0 8 8• 9 O °� �j � TS � � p � In r d p Ir. , a I— z W 2 o W L o a C E J J J J /) >- >- >- >- O 1-- O JU) UUl (!) 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C W e5tb� Wxxp 'xdQca � c m U (0 1- WV, Su. m U �m in v w c J W c E (Ni riv tci 61,...: aoof Y rnj J 2 O TRENCH SAFETY ACT COMPLIANCE STATEMENT Project: Indian River Drive and Main Street Improvement Project. Bid Number # Instructions Florida Statutes Sections 553.60 through 553.64, known as the "Trench Safety Act" requires all contractors engaged by City of Sebastian, Florida to comply with Occupational Safety and Health Administration's excavation safety standard, found in 29 C.F.R. s. 1926.650 Subpart P. All prospective contractors are required to sign this Trench Safety Act Compliance Statement and provide compliance cost information where indicated below. The costs for complying with the Trench Safety Act must be incorporated into this Project's base Bid. Certify this Statement in the presence of a notary public. Certification 1. I undrstand-that the Trench Safety Act requires-n e_to compl_y_wi.th OSHA_excavation_safety standards found in 29 C.F.R. section 1926.650 Subpart P. I will comply with The Trench Safety Act and I will design and provide trench safety systems at all trench excavations in excess of five feet in depth for this Project. 2. The estimated cost imposed by compliance with The Trench Safety Act will be: ri-1l` foe, I-Wnn.En Dollars $z566. per linear foot of trench to be excavated. 3. The estimated cost imposed by compliance with the Trench Safety Act will be: TEN Dollars $/0,640. per square foot of special shoring used. 4. The amount listed above has been included within the Base Bid. Certified: /4-t� C6 •5 (Contractor) By: ;Mc) (Signature) (Typed or Printed Name) STATE OF: I-LorZIDA COUNTY OF: Si- L,oi The�folregoing instrument was acknowledged before me this Z/- day of by /-1 ILIA �( . � 61 r to : /1--t--6 ��Y o� 3� 2008 of eGp,�7l��C.�cc,. Lam_ .�rrL who is personally known to me or has produced /� as identification and who did (did not) take an oath. Notary Public //��x-C�. (� /�o __(affix seal) BRENDA C.HORNE My Commission Expires: * MY COMMISSION#00 627945 gm':'oP EXPIRES;January 13 2011 , 00300-16 If Bidder is: A CORPORATION By: / nn/-14---b �C��!i2JCTc�� ��.- - ,4 (Corporation Name) �Ld2r�� (State of Corporation) By: M(.. =- GL.- Y: �k-t Zi 7r (Name me of Person Authorized to Sign) ?TEScrteA? (Title) (Corporate Seal) ATTEST: Business address: // 72ZG- r 1 C., ;tE A:4 -fL-i i�.Z66 By: (SEAL) (General Partner) Business address: ************************************************************************************ *END OF SECTION* 00300-17 SECTION 00452 DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Bid, Proposal or Contract No. for the City of Sebastian Indian River Drive and Main Street Improvement Project. 1. This sworn statement is submitted by: /44- 117,-) (Name of entity submitting sworn statement) whose business address is: ig-O5 5- OS ' � 5� � ## / 'Ayr (7ibrzc f< 3Y9-V7 and (if applicable) its Federal Employer Identification Number /1 Si v 7 Z the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement 2. My name is N1iC1-1/16(._ IJl6tH(.6;,vtU (Please print name of individual signing) and my relationship to the entity named above is '7 z c, E,,T 3. I understand that an "affiliate" means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 4. I understand that the relationship_with a_Cit_y_.Council-or Commission Member--o-r—City employee that must be disclosed is as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter- in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent or grandchild. 5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. Please indicate which statement applies. 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, have any relationships, with any City Council or Commission Member or City employee. 00452-1 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 have the following relationships with a City Council or Commission Member or City employee: Name of Affiliate Name of City Council or Relationship or Entity Commission Member or City Employee 1. 2. 3. 4. 5. 6. 7. 8. (signature) A c• (date) STATE OF it oiti 0 A COUNTY OF 57- Loc.t it Personally appeared before me, the undersigned authority, /t ICA-146.L Di lit/1-6.c;•e who after first being sworn by me, affixed his/her signature in the space provided above on this i/ day of 1�GUEr13�ic-- , 20 oi' . /54,4,Z C� g BRENDA C.HORNE �`�— _1 MY COMMISSION#DD 627945 Notary Public, State at large EXPIRES:Janua ry 13,2011 "rFOF'F�Q Bonded My Commission Expires: *END OF SECTION* 00452-2 Section 00456 BIDDER QUALIFICATION QUESTIONNAIRE Submitted by c,c, C +/� l..p_ mot" NL Name of Bidder General Contractor's License # a6Z ,15 cue. /ZZ57y ( ) An Individual ( ) A Partnership ( A Corporation Federal Identi 6S- //5/o 7Z_ Principal Office Address: b'oS 5, ZSlj 5'T24;-t 1 iw 4/zte (1) How many years has your organization been in business as a contractor under your present name? y6AzS (2) List the names and titles of ALL officers of Contractor's firm: M,Li446C- ' (4& ,4 c c •— Fnrf6u.1 shr-#,.i _ �r :CAM&S 140z n1.& _ lT (3) How many years experience in road and utility construction work has your organization had as a contractor? 7 yl:Aa5 As a Subcontractor? yA-e. (4) 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 Title Amount Completion Date Completion Date of Name/ S�� T�cfrf�r� 00956- 1 Section 00456 (5) Name of person who inspected site or proposed work for your firm: Name: JA/v/6s E-b4,�e Date of Inspections: it Ji7 Describe any anticipated problems with the site and your proposed solutions: Nv,l e- (6) Have you ever failed to complete any work awarded to you? If so, where and why? /\lJO (7) 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. (8) 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. /go (9) 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. 00456- 2 Section 00456 Z5 fZ 7,46 7((yeZ5 Zl 7i6 c6-5 Go v Q„�I �toAC 3 E•K6,4,4 -roR i (10) Will you Subcontract any part of this Work? If so, describe which portions: n..Ee_nzCGA4-/ (AvaSGA . �(. SUrt ( ! v' 0i (11) Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. Clearing: Demo: Utilities: Drainage: Paving: 4,4-z ooN Lc,1,641JClt Earthwork: Landscaping: AJA-r1/4.)25 6A-,4 oCc-A-i,vr� Irrigation: Concrete/Flatwork: Building/Structures: I(6c ('G ;jv Surveying: Testing: Other: EI‘oTfGLA'L : I44460‘,,, of 06a, Other: Other: Other: (12) What is your bonding capacity? ,i,t,c,c>.4 5,,s, AZ "0,,j, "J 0446-7 (13) What amount of your bonding capacity has been used as of the date of this bid? 00156- 3 Section 00456 Z /✓11GLru�1 (14) How many applications for performance and payment bonds have you made in the last three (3) years? S (15) How many of these applications were not approved? ,,,/ (16) 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.) Alo (17) Please, provide name, address, telephone number, and contact person of your bonding company. NEt C.So, + ASSoC:t AT-4-3 r{sa ltnT Z 11060 5'. 5? /1,6 yS� 6iS 66.0.5 tAvt wGn.T�, (18) 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.) A/o 00456- 4 Section 00456 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 . ****************************************************************************** *** z L.7,_//0/ (SIGNATURE OF BIDDER) l-)f� CGJ�` �� G' ( CG.. (TYPE OR PRINT COMPANY NAME) ( 5 S. ZS b S-7-ft -1 c f� (TYPE OR PRINT ADDRESS)� rc)A,7 ��c?✓� C(/ t�� > I�J 11_7 END OF SECTION 00956- 5 Sub List: Indian River Drive and Main Street Building Kelly Construction 3885 20th Suite 2 Vero Beach, FL 32961 Ph: 772-473-9791 Electrical Paragon Electric of Vero Beach 9120 16th Place Vero Beach, FL 32966 Ph: 772-569-8961 Asphalt Hearndon Construction 8145 Evernia Street Suite#1 Micco, FL 32976 Ph: 772-664-7772 Landscaping Natures PO BOX 606 Palm City, Fl 34990 Ph: 772-219-0360 • www.sunbiz.org - Department of State Page 1 of 2 FLORIDA . E , ' T� � � s R �� DIVISION OF CORPORATIONS NS Home Contact Us E-Filing Services Document Searches Forms H Previous on List Next on List Return To List Events Name History Entity Name Detail by Entity Name Florida Profit Corporation H & D CONSTRUCTION CO., INC. Filing Information Document Number P01000107832 FEI Number 651151072 Date Filed 11/04/2001 State FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 10/10/2008 Event Effective Date NONE Principal Address 1805 S 25TH STREET SUITE 1 FORT PIERCE FL 34947 Changed 08/29/2008 Mailing Address 1805 S 25TH STREET SUITE 1 FORT PIERCE FL 34947 Changed 08/29/2008 Registered Agent Name & Address DIGIACOMO, MICHAEL 1805 S 25TH STREET SUITE 1 FORT PIERCE FL 34947 US Address Changed: 08/29/2008 Officer/Director Detail Name &Address Title P http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc_number=P01000107... 11/20/2008 www.sunbiz.org - Department of State Page 2 of 2 DIGIACOMO, MICHAEL 1805 S 25TH STREET FORT PIERCE FL 34947 Title CFO SHAW, MATTHEW W 1805 S 25TH STREET FORT PIERCE FL 34947 Title ST HORNE, JAMES E 1805 S 25TH STREET FORT PIERCE FL 34947 Annual Reports Report Year Filed Date 2007 07/05/2007 2008 08/29/2008 2008 10/07/2008 Document Images 10/10/2008 -- Name Change View image in PDF format 10/07/2008 --ANNUAL.REPORT View image in PDF format 09/18/2008 --Amendment and Name Change View image in PDF format 08/29/2008 --ANNUAL REPORT View image in PDF format 07/05/2007 —ANNUAL REPORT View image in PDF format 05/01/2006 --ANNUAL REPORT View image in PDF format 05/31/2005 --ANNUAL REPORT View image in PDF format 04/13/2004 --ANNUAL REPORT View image in PDF format 03/30/2003 --ANNUAL REPORT View image in PDF format 04/17/2002 --ANNUAL REPORT View image in PDF format 11/04/2001 -- Domestic Profit View image in PDF format INote: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Events Name History Entity Name Home Contact us Document Searches Filing Services Forms .Help Copyright and Privacy Policies Copyright © 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doe_number—P01000107... 11/20/2008 Major considerations will be given to the successful on time completion of previous projects comparable in design, scope, and complexity. List the projects that best illustrate the experience of the firm and current staff who would be assigned to this project. (List no more than 10 projects, nor projects that were completed more than 10 years ago. 1) Torrey Pines Institute for Molecular Science 2) Site development 3) City of Port Saint Lucie 121 S.W. Port Saint Lucie Blvd Port Saint Lucie, FL 34984 4) Suffolk - David BuShea 515 North Flagler Drive West Palm Beach, FL 33401 (561) 832-1616 5) Conditional C. O. issued October 1, 2008 Original completion scheduled January 2009 6) 20 Acres 7) 2,935,352.00 8) Site clearing, site excavation, building pad construction, site grading, water, sanitary sewer, site drainage installation and certification, parking lot construction, concrete curbs, signage, 9) Building opened with conditional C. O. pending primary contractors' completion of final project punch list. H & D Construction has completed all aspects of this project. 10) James Home Rene Lieurance William Strickland 1) Trillium Residential Development 2) Site Development 3) Woodside Homes — William Handler 2451 Metro Centre Blvd. Suite 1 West Palm Beach, FL 33407 (561) 688-2020 4) Woodside Homes — William Handler 2451 Metro Centre Blvd. Suite 1 West Palm Beach, FL 33407 (561) 688-2020 5) Project completed on time in 3 phases 2005-2007 6) 100 acre 350 lot housing development 7) $4,000,000.00 8) Site clearing, site excavation, house building pad construction, site grading, water, sanitary sewer, site drainage installation and certification, parking lot construction, concrete curbs, signage 9) Project Completed 10)James Horne William Strickland 1) 58th Ave and 77th Street Roadway Intersection Improvements 2) Intersection Improvement 3) Indian River County 1801 27th Street Vero Beach, FL 33407 (561) 688-2020 4) Woodside Homes — William Handler 2451 Metro Centre Blvd. Suite 1 West Palm Beach, FL 334 (561) 688-2020 5) Project was intersection improvement for Indian River County per Development Agreement between Woodside Homes and Indian River County 6) Roadway Intersection 7) $573,000.00 8) Roadway grading, asphalt, site drainage, concrete curbs, signage, fencing 1) Sebastian River Middle School Music Addition 2) Site Development 3) Indian River County School Board 4) Hearndon Construction-Dennis Hearndon 8145 Evernia Street Micco, FL 32976 5) Completed June, prior to school opening 6) 2 acres 7) $139,542.00 8) Water, sanitary sewer, site drainage installation and certification 9) Project Completed June 2008 10)James Home Rene Lieurance William Strickland 1) Palm Beach Office Park 2) Site Development 3) Frank Digiacomo 529 Palm Beach Road Stuart, FL 34996 (772) 287-0609 4) Bayview Construction Corp. 4826 S. E. Railway Avenue Stuart, FL 34997 (772) 283-9300 5) Completed January 2008 6) 8,000 sf retail plaza 7) $200,00.00 8) Site clearing, site excavation, building pad construction, site grading, water, sanitary sewer, site drainage installation and certification, parking lot construction, concrete curbs, signage, 9)Project Completed 10) James Home Rene Lieurance William Strickland 1) Walgreens Drug Store-Fort Pierce 2) Site Development 3) Scherer Construction-Kevin Kennel 2909 Fairgreen Street Orlando, Florida 32803 (407) 894-7661 4) Walgreens 5) Store opened September 2008 6) 2 acres 7) $500,559.00 8) Site clearing, site excavation, building pad construction, site grading, water, sanitary sewer, site drainage installation and certification, parking lot construction, concrete curbs, signage 9) Project completed September 2008 10) James Home Rene Lieurance William Strickland 1) Holiday Inn Express— St. Lucie West 2) Site Development 3) Omega Design-Jeff White 12724 Gran Bay Parkway Suite 330 Jacksonville, FL 32258 (904) 207-6801 4) Same as above 5) Completion Date 12/08 6) 5 Acred 7) $434,925.00 8) Site clearing, site excavation, building pad construction, site grading, water, sanitary sewer, site drainage installation and certification, parking lot construction, concrete curbs, signage 9) Installation of parking lot base rock in progress 10)James Home Rene Lieurance William Strickland �vQ* E STATE OF FLORIDA ` ' y'' ( a DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION F'..ez R! c� . Vi'':IFt"' `'r-`I CONSTRUCTION INDUSTRY LICENSING BOARD 4 -- ;,.•;:;:��(' 1940 NORTH MONROE STREET (850) 487-1395 • CoDwer TALLAHASSEE FL 32399-0783 DIGIACOMO, MICHAEL H & D CONSTRUCTION CO INC 9773 SW SANTA MONICA DR PALM CITY FL 34990 Congratulations! With this license you become one of the nearly one million ;,:i=,,,411,4.4,W• STATEof Fi, -'''' `'AC# L Floridians licensed by the Department of Business and Professional Regulation. E 1 " i 9 ��_ Our professionals and businesses range from architects to yacht brokers,from ; Nf , , y ?' i ES T' Ot� tTS; . �S,S AND. boxers to barbeque restaurants, and they keep Florida's economy strong. ,• , ( �� r� A iEGULAT ,ON.. Every day we work to improve the way we do business in order to serve you better :�5}.G' - 6.2 3 ,, "„o�.l /1:t/Oa 00000000:0 For information about our services,please log onto www.myfloridalicense.com '''Y c,f+ : There you can find more information about our divisions and the regulations that , , 4', R'I'k'FTEDj G N$RAI� COrI RAC.TOR impact you subscribe to department newsletters and learn more about the r DIA ®M� 1? CIIyEL ^. Department's initiatives. r± 4, D Our mission at the Department is: License Efficiently, Regulate Fairly. We j, �'� � ti r constantly strive to serve you better so that you can serve your customers. 1 sT Thank you for doing business in Florida, and congratulations on t your new license! I$ GRTIFI'ED,µgder e,h0;iproulsYggs at Ch.48`9 FS r�,(I f "C,qC� a eTig!'- :}i 10 p8106-o04';q;_. 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With this license you become one of the nearly one million '� Floridians licensed by the Department of Business and Professional Re ulation y gYVF OF FLORIDq' q�# 9 .B;Z 8 Our professionals and businesses range from architects to yacht brokers,from �i� DPA..RTIENT QF �USTNE$S AND boxers to barbeque restaurants,and they keep Florida's economy strong. ` ` PROFEIQNAL�REGUZLA'T`30N Every day we work to improve the way we do business in order to serve you better. 9VC12 z3.7 8{r °f'4 F For information about our services,please log onto www,myfloridalicense.com k� �'$�22��40.8 0`80-0 2 53 44 There you can find more information about our divisions and the regulations that ' :' , r-a. ,,,_, impact you,subscribe to department newsletters and learn more about the " CEr 2T CO *TM2 HA:EL i CNT R Department's initiatives. DZGIA OMO �' � ,�' D COIF Our mission at the Department is: License Efficiently, Regulate Fairly. We r, 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! <' � u 5 , ERTT&IEl) Aader tie prQY1-lions of ICh.4B9 ,FS r �xyiJcaC{or7iaaEi� At G-)',31 c 2011 L08043220152''5, DETACH HERE �}F'ti_ . �' c L,1• v�i;�y Ar, ,t 1. .,L �,..,a r p, ' .l»+_�9);;,,,F.:,\,,,,,..- ,.i.);,' '`nIV , ,, 8I � 5 .r rr y P„n`�-L .rl� ;1. ,1 ai.)te,.. cot'C46 r 31 .: ;,:`,4��t, a;' 'g*;, ( ) J : tO jF ® (Dq 'isi , r'":1 ) (V.c lr_'� (4 j i0.k °P ( )t }` * / I O NA 014-:,r ' " ` � r rrr ,.BOA RD ' #L0'80�82,2'. • 01525� � � 1 � l c } ' EQ. ? , ,,-- , te .,)c ,, DET BATCH NUMBER ©� e ,..r 'Z� ' r; !';h ~v mo Vi 7 4 fi , e' �b tr `F RTX3 .a pm F a 0i+7:` F �' � ! � Ai , h Y t +� 1I i�a S. . .,� . �1�i ..���., f 1 Y^ a 7A Y � A471 / ' - 6' 4 , ' y o d- „.41,1-,,,,,i:' 4 ' ww �r _,,k: + •}3\'4R. 6( , ) k'''' � _` ,\{^., • / iC (( )n3 L " { r # �,1..* �1 M1 q Lim 44%gic ' r0 :#�4/4)M/q;t r _C, �1 ,, z` ' M,lit :-.4 4/� F?}g J� 11-..`"--;p R .] ,�I C / • � '�(,:r y X P) r, yn Ri'�4I �"TZ era,�,J,},-,4.4—t 511 Y C'46:- i_tom ::))i ,�'J I o,�F17 rid x"r5 *ra [Fi �i 17 �l' sS1 4t L� 1� 7YS17C Yw �* f,�M1i p I I!{� '"-,,f �� ,4 .'.,,,.- -F���t(`2` iftil,Y r1 4I 6`q:';.'''' e� � �, �{�r?3'J�r�w�lt'elY,�.ay'7�}, ?1`3`k��+� (�F�}� � �F j.'7 p ip "," ti 1,/ 1.-w'Ir' ,,,,,,,) )>--4:,f,. �k,., 5� `iG):,n '��7, }— v` 'I !•4,� �Id rh 5`T1'E 5' W. �D ,.. 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( rfl �(-r.It F;.,. .' l/x -, �l i �t3� !,� (YCj / t. 4,,r n j l r eJ �I1.I, r .,a"sl' la 4.� '.. f �e 'Ml k /� : � F 1 > 4 I �I "Ii',,,`Y I I! /"4 ;,-,71,::-.7�'..l �- ,,.��•: ��y �W 7^� e(5. 4'1/4 l a).5/ }� `17 1. 4"'° 4.: I.Ana d ( G�' A -JI '.`W ; _ ia:I:"..-%:x s ! r—.'•,'1 ,,-:4I l Y ,.. , M Y :r /.ut�' ;x., - . >_ �j_�y, c t, 1 fi� .Firs C '� 1�G 1 al s �. `•-_=` t.; ,:" sr^Y,./ . .1.6, >;'^u".....- 1 (n.FJ F�i.an` :)6, ." w„ f1^ ,� �.� { t � ..:::kW )rdM '''', y . ..:, I IrSP:LAY-As REQUIRED BYLAW' Q CRETAR �` ,• f Construction CGC 062943 CUC1223746 References: Woodside Homes Projects Completed for Woodside Homes Completed 2007—58th and 77th Street Turn Lane — $ 573,000.00 Completed 2006—Timberlake Sub Division— $ 843,000.00 Completed 2006—Trillium West Subdivision— $ 1.8 Million Completed 2005 —Trillium Subdivision - $ 2 Million Other projects completed include Lindsey Lanes and Sebastian Lakes Skymark Real Estate Projects completed for Skymark Real Estate Completed 2005 - Ashley Lakes South—$650,000.00 Completed 2006 - Sebastian Crossing Subdivision—$1.9 Million Completed 2007 - Quail Creek— $1.2 Million Completed 2007 -Ashley Lakes North - $ 3.1 Million WPC Industrial Contractors Projects Working on for WPC Complete in 2007 - JEA Water Treatment Plant— $125,000.00 Complete in 2008 -Rangeline Water Treatment Plant—$1.2 Million Princeton Homes Projects completed for Princeton Homes Completed in 2007 - St Andrews Sales Center- $125,000.00 Completed in 2007— St. James Blvd Turn Lane—$65,000.00 Projects Currently Working On: Torrey Pines Molecular Studies— $2,250,000.00— Suffolk Construction Sebastian Crossing Commercial— $378,000.00— CRF Panthers Palm Beach Road Office Building - $200,000.00—FD Investments Sebastian River Middle School— $150,000.00—Hearndon Construction Rangeline Water Treatment Plant - $1,250,000.00— WPC Industrial Walgreens Ft. Pierce—405,000.00— Scherer Construction Holiday Inn - 395,000.00 —Omega Design Build 1805 S. 25th Street, Suite # 1 Fort Pierce, FL 34947 Ph 772-429-1620 Fax 772-429-1628 CERTIFICATE OF LIABILITY INSURANCE OPID SN coR DATE (MMIDD/YWY) 01/09/09 H&DCO-1 Q. a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER Brown & Brown of Florida WPB ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THIS CERTIFICATE DOES NOT AMEND, EXTEND OR HOLDER Suite 400 . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1401 Forum Way West Palm Beach FL 33401 I Phone: 561-686-2266 Fax:561-686-2313 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: National Trust insurance Co 'INSURER B: Hridgefield Employers Ins Co. I C i INSURER c nc . on o . , H & D Construct 1805 S : 25th $t. Suite B INSURER D: Fort Pierce FL 31947 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA I tu. NU I wl I rla i v,rvuiiv~ TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT , MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATIEYMMIDDIYY E PDATE MMIDDIYYON LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X X COMMERCIAL GENERAL LIABILITY GLO 00 B 1014 01 / 10 / 0 9 01 / 10 / 10 PREMISES (Ea occurence) $ 100 , 00 0 Pa CLAIMS MADE X^ OCCUR MED EXP (Any one person) $ 5 , 000 PERSONAL & ADV INJURY $ 1 , OOO , O OO GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2 , O OO , OOO POLICY X JECT LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY n P $ SCHEDULED AUTOS ) ( er perso HIRED AUTOS BODILY INJURY $ NON-0WNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLALIABILITY EACH OCCURRENCE $S,000,OOO A X X OCCUR ~ CLAIMSMADE UMB0008186 01/10/09 O1/10/10 AGGREGATE $ 5,000,000 DEDUCTIBLE $ X RETENTION $ lO, OOO $ WORKERS COMPENSATION AND _ X TORY LIMITS ER B EMPLOYERS'LIABILITY 083040465 12/17/08 12/17/09 E.L. EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1 , 000 , 000 If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1 , 00 ~ , 0 00 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS ! LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS *10 Days Notice of Cancellation for Non-Payment of Premium. RGNCFI I ATI(~N ~.trc I trwr+i ~ nv~u~n - - CITY059 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Sebastian IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1225 Main Street FL 32958 REPRESENTATIVES. Sabastian AUTHORIZED R S T/S71VE _ ~~'/5 ~ ......,.. ..~.~.,~ewr~nr.i eeoo ACORD 25 (2001108) Date: 1/13/20C9 Time: 9:42 AM To: 17725695570 (~ 17725895570 ~~ 1 SIGNED -Tf~~SE ~ocuMEJ~rS ~Fo~E you ,~5 ~E ~~~~E --r~E Tv Brown & Brown, Inc. 1401 Forum Way Suite 600 West Palm Beach, FL 33401-2324 561-686-2266(voice) 800-433-0104(voice) ~~T 561-686-2313(fax) 1N11JW. bbznsurance. com 7}~E ~ieo~ EEC c~~r~2A ~.TO~2 ca,y~°.LE1rE ITS SI ANN, N ~~ .~~ ~Kot/l.~/N~ -~/ii ~~~SEs. F=ax Number: 17725895570 ~ , ,, INSURANCE Tc: 17725895570 Nate: Gate: January 13, 2009 Time: 9:41:43 AM rr~~.~n From: Teresa L. Williams Page: l01 Subject: COI Schulke, E3ittle & Stodda'd, LL ~ & H Pages: 5 Please see attacr'd certificate as requested. (3 pages) If you should need additional information, please call our office. Thank you. Terri Williams, C PSFt Commercial Lin !s Technical Assistant F YOU DO NOT RECEIVE ALL PAGES ................. PLEASE CALL ME! Confidentiality Note: The i~iformaNo~ contained in this facsimile is legally priveleged,confidential, and is intended for t Ine use of the individual o ~ entity named above. If the reader of this message is not the intended recil-ient, ~ au are hereby notified hat any dissemination, distribution, or copy is strictly prohibited. If you have received aus fax in error, ple use immediately notify us by telephone at the above toll-free number and/or send the original messag~ ~ to us at the address above via the United States Postal Service. Thank You. Dates 1/13/2009 Times 9:42 AM Tos 17725895570 (~ 17725895570 Pages )02 Brown 8~ E gown of Florida, Inc. 1401 Foru n Way, Suite 400 West Paln Beach, FL 33401-2324 Direct Line (561) 688-5051 Fax (561) ~ .86-2313 Email: twill ams(c~Dbb-wpb.com "` Did you know we sell Homeowners, Auto, Collections, Umbrella, Life, Group Benefits, Personal Watercraft and Business Insurance? Call me today to review your portfolio. You cannc :bind, alter or cancel coverage without speaking to a licensed agent. Coverage cannot be assumed t) be bound without confirmation from a licensed agent. P Please c insider the environment before printing this email. Please be advised that coverage may not be bound, amended or altered by a-mail correspondence. This message c riginates from the West Palm Beach office of Brown & Brown of Florida, Inc. This e-mail message ~ nd all attachments may contain legally privileged and confidential information intended solely for the use of he addressee. If you are not the intended recipient, you should immediately stop reading this message ~ nd delete it from your system. Any unauthorized reading, distribution, copying, or other use ~f this messe ~e or its attachments is strictly prohibited. All personal messages express solely the senders views and got those of Brown & Brown of Florida, Inc. This message may not be copied or distributed without this disclaimer. Although this email and any attachments are believed to be free of any virus or other defer t that might affect any computer system into which it is received and opened, it is the responsibil ty of the recipient to ensure that it is virus free and no responsibility is accepted by Brown & Brown of F orida, Inc. or its subsidiaries or affiliates either jointly or severally, for any loss or damage arising in any way from its use. If you received this message in error, please notify us immediately at 561-686-2 ?66. Date: 1/13/2009 Time: 5:42 AM To: 17725895570 @ 17725895570 IMPORTANT Page: 0 )4 If the c ~rtificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBI20GATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder n lieu of such endorsement(s). DISCLAIMER The CE rtificate of Insurance on the reverse side of this form does not constitute a contract between the issi ling insurer(s), authorized representative or producer, and the certificate holder, nor does it affirma ively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD ?_5 (2001!08) Datee 1/13/2009 Timee Se42 AM Toy 17725695570 ~ 17725895570 3lanket Additioa3l Insured as per form (#CGL005) applies to Oeaeral viability for work performed by the insured on behalf of the certificate ioldrr cohere regsired by written contract. 3laaket Waiver of Subrogation as respects General Liability applies in Favor of the certificate holder. Pag6e 0)5 :overage applies on a Primary 6 Noa-Contributory basis. !'CCI Advantage Endt incl. Per Project Aggregate & Blanket Waiver of Subrogation Date: 1/13`2009 Time: 5:42 AM To: 17725895570 (~ 17725695570 Paqe: 0 )3 OP ID TW DATE (MMIDDlYY1 f) ACORD CERTIFICATE OF LIABILITY INSURANCE HSrDCO-1 01 13 0 ~ PRODUCER Brown & Brown of Florida WPB Suite 400 1401 Forum Way THIS CERTIFICATE IS ISSUED ASA MATTER OF IMFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, rJ(TEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. West Palm Beach FL 33401 Phone: 561-686-22 ~6 Fax:561-686-2313 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: xatfonal xzvst Insuranoe co INSURER B: Bridgefield Esployers Ins Co. H & D COa struction CO. , InC. INSURER C: 1805 S. 25th St. Suite B 3947 t Pier ce PT F INSURER D: , or INSURER E: COVERAGES THE POLICIES OF INSURANCE L STED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR ~ ONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PEF~TAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS ;HOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRD TYPE OF INS 1RANCE POLICY NUMBER DATE MMiDD DATE MMIDD LINIITS ', GENERAL LIA3ILITY EACH OCCURRENCE $ 1 , OO O , OO ) A X }~ COMMERCIALGE VERALLIABILITY C~r00D81014 01/10/09 Ol/10/10 PREMISES (Eaoccurence) $ 100,000 ' CLAIMS MAI E O OCCUR MED EXP (Am1 one person) $ 5, 00 ~ PERSONAL &ADVINJURY $1,000,00) GENERAL AGGREGATE $2,000,00) ~I GEN'L AGGREGATE U AIT APPLIES PER: PRODUCTS- COMPIOP AGG $ 2 , OO O , OO ) POLICY ;$ PE 7 LOC '~ AUT OMOBILE LIABILI Y COMBINED SINGLE LIMIT $ '~. ANY AUTO (Ea accident) ' ALL OWNED AUT )S BODILY INJURY $ ' SCHEDULED AUl )S (Per person) ' HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AU OS (Per accident) PROPERTY DAMAGE $ ' (Per accident) ~'. GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ ~, AUTO ONLY: AG3 $ ' E%CESSIUMBRELLAL ABILFFY EACH OCCURRENCE $ S,000,OO ) A ~ OCCUR ~ ~ CLAIMSMADE LAdB0008186 01/10/09 01/10/10 AGGREGATE $ 5,000,00 ) DEDUCTIBLE $ _ IX RETENTION 610 , 000 $ WORKER; COMPENSATION AND X TORY LIM1IITS ER B EMPLOYERS'LIABILtTY PARTNEF EXECUTIVE ANY PROPRIETOR 083040465 12/17/08 12/17/09 E.L. EACHACaDENr $1 000 00) r ~ ~ OFFICERfMEMBEREXCLUDI D7 EL. gSEASE-EA EMPLOYEE $ 1,000,00 ) If yes, des=vibe under SPECIAL PROVISIONS below E.L. DISEASE- POLICI LIMIT $ 1, OOD, DO ) OTHER DESCRIPTION CF OPERATIONSI L )CATIONS! VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENTf SPECIAL PROVISIONS *10 Days Notice I:f Cancellation for Noa-Payment of PremiT>rL. The Certificate holder is adcliti::aa1 insured as per form (#CC~r005) applies to General I,iabil.ity for wo:'k performed by the insured on behalf of the certificate holder where regTtired by written contract. CERTIFICATE HOLDER CANCELLATION SCHU'LK1 SHOULD ANY OF THE ABOVE DESCRBED POLICIES 8E CANCELLED BEFORE THE E%PIF 4T10N DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O * NAYS WRn FEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE T~) DO SO S JALL Schulke, Blttle & Stoddard, LL 1717 Indian River Road, 201 IMPOSE NO OBLIGATION OR LIABILFTY OF ANY KIND UPON THE INSURER, ITS AGENTS ( R Vero Beach E'L 32960 REPI~SENTATIVES. ALJTHOPoZED S ACORD 75 (2001108) ©ACORD CORPORATION 1988 ~~ STATE OF FLORIDA -~ o _-4__==,~_- ~ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION r ~° CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET "~o~~~ TALLAHASSEE FL 32399-0783 DIGIACOMO, MICHAEL H & D CONSTRUCTION CO INC 9773 SW SANTA MONICA DR PALM CITY FL 34990 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the 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! STATE OF FLORIDA AC# ~ ~ ~ ~ ]~ DEPARTMENT OF BUSINESS AND ,,,,•~ PROFESSIONAL .REGULATION CUC1223748 0:8/22/08 Q80025344 CERT UNDERGROUND & EXCAV CNTR DIGIACOMO, MICHAEL H<& D CONSTRUCTION CO INC IS CERTIFIED under the provisions of ch.489 F: Expiration date: AUG 31. 2.0.1.0 L0808220152,5 DETACH HERE AC# ~ ~ ~ ~ ~ ~ ~ - ST~4TE QF FL.ORIDA DEPART--MENT OF BUSINESS AMID PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD •' _ SEQ# L0808220'1525 _ - LICENSE NBR - 08/:22/'2''008 0:8002;,5344_ CUG1223748' The UNDERGROUND U~~ILITY & EXCAVATION CO Named below IS GE~~TIFIED.' Under the provisions o-f Chapter 489 FS, Expiration date: AUG 31, 2010 DIGIACOMO, MICHAEL H & D CONSTRUCTION NCO IIQC 9773 SW 'SANTA MONICA DR - PALM CITY FL 34990 CHARLIE CRIS'~ CHARLES W. DRAGO GOVERNOR - SECRETARY [31SPLAY~S R=.. EQUIRED BY LAW ~~_~,~, STATE OF FLORIDA -=-___=~:~~ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ~~~ CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 ',ti-__ 1940 NORTH MONROE STREET ~o~T"'~ TALLAHASSEE FL 32399-0783 DIGIACOMO, MICHAEL H & D CONSTRUCTION CO INC 9773 SW SANTA MONICA DR PALM CITY FL 34990 Congratulations! With this license you become one of the nearly one million j Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. i~ Every day we work to improve the way we do business in order to serve you betteri, For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that i impact you, subscribe to department newsletters and learn more about the 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! DETACH HERE - STATE OFfLORIDq AC# ~ ~ ~ ~ ;~ ,~ I ,. DEPARTMENT. OF BUSI,NES,$ AND .~_,,> PRQEES3I0NAL ~EGULATI~ON CGC062943 1,0/1`6/08 0`Q0000'00.0 CERTIFIED GENERAL CONTRACTOR DIGIACOMO, MICHAEL FI & D CONSTRUCTION CO INC IS CERTIFIED under the provisions of ch.489 F: Expiration, date: AUG 31; 2Q10 L0:8107.fi 003:44' ~ - CH1~,RL~F ~R~~T ,_- CHARLES W. DRAGO CC3b~TF~~I~QR ,!'~ it SECRETARY - Df~PL~4~=~_F~QUIREfl BY LAW