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Home My WebLink About2008 S.E. Cline ConstructionCHANGE ORDER #19 PURCHASE ORDER 5863 CONTRACTOR: S.E. Cline Construction Co. ADDRESS: 18 Utility Drive Palm Coast, Florida 32137 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. Dredging Load/Haul/Disposal as a result of soil conditions Located on canal by outflow pipes. 2,441 cubic yards $10.85 $26,484.85 Segment 7. 2. Dredging Load/Haul/Disposal Final survey dredging quantities 836 cubic yards @10.85 $9,070 entire length of canal. 3. Dredging Final survey of dredging quantity 836 cubic yards $27.35 $22,864.60 entire length of canal. 4. Deduct from install of Floratam sod in lieu of Bahia sold in the City's right of ways. ($358.00) A) Contract Price Prior to this Change Order 3,391,151.48 Net Increase (Decrease) Resulting from this Change Order 58,061.45 New Contract Price Including this Change Order 3,449,212.93 B) Contract Time Prior to the Change Order (Number of Days) days Net Increase (Decrease) Resulting from the Change Order (Number of Days) days New Completion Date Including this Change Order AGREED: COMPANY ice awdaiat Authorized Signature ger Project Manager Finance Director City Attorney HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER Date: tmar SL +N as to legal PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build Services PROJECT C4606 PHONE 386- 931 -0016 CONTRACT NAME: Collier Canal Stormwater CONTACT DATE: September 26, 2008 Approvals by City of Sebastian in accordance with Code Sec. 2 -10 (check one): City Manager Authorization cumulative amount less than 15% of contract price or $15,000 single change order X City Council Authorization cumulative amount exceeds 15% of contract price or $15,000 single change order (M ng date 05/12/10) 4. ASTIAN: Date: 51/7/0 ATT as to budget Sally A. Maio, C, City Clerk CHANGE ORDER #19 PURCHASE ORDER 5863 CONTRACTOR: S.E. Cline Construction Co. ADDRESS: 18 Utility Drive Palm Coast, Florida 32137 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. Dredging Load/Haul/Disposal as a result of soil conditions Located on canal by outflow pipes. 2,441 cubic yards $10.85 $26.484.85 Segment 7. 2. Dredging Load/Haul/Disposal Final survey dredging quantities 836 cubic yards (410.85 89.070 entire length of canal. 3. Dredging Final survey of dredging quantity 836 cubic yards $27.35 $22.864.60 entire length of canal. 4. Deduct from install of Floratam sod in lieu of Bahia sold in the City's right of ways. ($358.00) A) Contract Price Prior to this Change Order 3,391,151.48 Net Increase (Decrease) Resulting from this Change Order 58,061.45 New Contract Price Including this Change Order 3,449,212.93 B) Contract Time Prior to the Change Order (Number of Days) days Net Increase (Decrease) Resulting from the Change Order (Number of Days) days New Completion Date Including this Change Order Project Manager Finance Director City Attorney HOME Of PEUfAN ISLAND CITY OF SEBASTIAN CHANGE ORDER Date: ice' t r as to budget as to legal PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build Services PROJECT C4606 PHONE 386- 931-0016 CONTRACT NAME: Collier Canal Stormwater CONTACT DATE: September 26, 2008 Approvals by City of Sebastian in accordance with Code See. 2 -10 (check one): City Manager Authorization cumulative amount less than 15% of contract price or S15,000 single change order X City 'men Authorization— cumulative amount exceeds 15% of contract price or 815,000 single change order (M g date 05/12/10) ASTIAN: Date: 57F7(10 A Sally A. Maio, C, at perk CHANGE ORDER #18 PURCHASE ORDER 5863 CONTRACTOR: S.E. Cline Construction Co. ADDRESS: 18 Utility Drive Palm Coast, Florida 32137 AGREED: COMP N Authorized Signatur ager City Attorney BASTIAN: Project Manager bCia- Finance Director 7 Date: Date: 4/10/0 HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build Services PROJECT C4606 PHONE 386- 931 -0016 CONTRACT NAME: Collier Canal Stormwater CONTACT DATE: September 26, 2008 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: This change order reflects additions back to original purchase order for materials scheduled for purchase by the City for sales tax savings, but were not required. See change order 2 for a detail of all vendors issued separate purchase orders under this construction agreement. 1. Purchase Order Revision Addition in PO# 5863, S.E. Cline and decreases in PO# 6182, Merit Fasteners and PO# 6004, Southeast Development. Net $0.00 effect. A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) New Completion Date Including this Change Order as to legal �/e u.as to budget Sally A. Maio, 3,388,346.19 2,805.29 3,391,151.48 days days Approvals by City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization cumulative amount Tess than 15% of contract price or $15,000 single change order City Council Authorization cumulative amount exceeds 15% of contract price or $15,000 single change order eting date 0) ra O d -a O 0) V c N m o 0 0 c N w L O N Tz LL .c �a a C Q U c o O N d d O V W co O R E E U) CO 0) rn co Z Z Z Z M Z Z Z Z O Z Z Z Z Z Z Z Z Z C) Q o r r 0 0}3 E 0a a) a r a) Mgt 0)0 rn N C C (0 0) CO C C 0 1 ES) 0 0 E U) 0 a) E E 0) E 0) OO i 0 0 N E Z5 (n (n 0) O 0 D c O (t I o a) W�to j,-� u_ to O N C m m L0 c c y� L a) o o m oY a oOru ru a) w 't T, &'o (7) u) (A 0 a) a) m m c a) a)a)a)22 m aco rn.- m U m a oa m m o cU m m aai mm U w c UUU N N�� cO w m o (j>. U aU U C5>, corn mmm 0� 0 •Q ..0 15 -0 s 0 a co 0 0 0 55 •c E E (0 as as 0a)a) -�E0) ,at0 0 (n (0 0 w a )ti (i 0 m m m m m E m m` O m o3 al 03 U U U °5 °5 C p o 3) 0 a) V U 7 c °t) °tS 3 3 o a E a Q aaa o 0 0 Z o aaLa aa- y rn m (m 5 Y o n a co 0 w w (n 0 c .,.m. E N c D (0 (0 ow m is (n L f0 (6 N /6 f0 f0 N f0 0 0 a) (0 N N 0) co N E E E c c c c V 0 0 E E E m E E m m O O O 0 N N N N O J N 7 0 0: O O E J c o 0 0 co 0 W 0 a 3 co 3 0 0 0 0$ o o_ 0) 0 1 3 1 3 0 p 4 N N 0 O c O w (fl 0 (n V 'V O .g r. 0 000 v�mw° a H a-0 a v c c c c E a) E 0 C a 0 a a O N 0 a) a) 0 0 0 0 0 o a000000UU o ==o0()000c O 00000000000000000 co 01 co c) r- r- M.cr Nrnco O co co tnO V Mrcm o ep 00MOrrre- c O co 00 1- N r- r- CO (o co to to to to to to to to (l) O O 00 00 00 00 O 00 CO 00 00 CO 00 00 CO to to N O N 00 to to to to to to U) t() to to to 00 r 00 00 to O to O 0 00 CD M V CD V (D CD V op (M 0 0) 0 0 O M to M 0) 000 N (0 0 00 to 0/ T 0) v 0) r M V O r 1T O0 O 1. 00 00 N 0)C. lA r (V (V 0 h 00)CO -0) N V 0) M tf) MM V CD CD 0) OD r- (o M M N 0) C) 0) 000 f� h n CO (0 CO CO (0 (O CO (0 (0 (O (O to CO O (O EH ffl EA (A fl3 Efl fR Efl (A Ei) OD ER (fl Eft Eft Efl Efl El9 El9 (l) 0 000 0 0 0 0 0 0 0 0 0 0 0 0 1- o (0 o 0) o O N (O r- O O O O O O O O O O O N r- CO O N (f) O to (O 00 (O (0 0) (O 0) to to 0 (n to 0 00 00 to r- U) c. T.- CD 0) (O N N N 1'- N r- O O M N (O O M O M CD TP to (o .cr r N 0) Ti CO Tr 0000 .ch V N 0) O V Mr 0) c0 O r r4 cc) M(0(0(0(0 N O M r N C) r V N N C) OO T M M EA d9 EH EA El9 En. Efl V9 EA Ef3 Efl E» 69 VD E• fl3 EA ffl EA Eli EID EA rn c m 0. O r N M T' (n (0 f- 00 0) N N M M to UP r- co co O 0 a) co a) a) 0 a) a) a) a) a) a) a) 0 0 a) a) CD a) 0 a a a a 0 '0 a a a a a a a a a a a a a a a 0000000 0000000000000 0 O 0 0 0 0 0 a) a) a) a) 0 a) a) 0 0 a) a) a) a) a) 0 a)c 000CDccc0)ccc0)cccCO 0 c0) (9 (0 CO 03 CO (U 03 (a 03 (0 CO Of N 03 CO CO CO m (0 (0 (0 L L L L.0 .c t L _c _C L .L L L L L _C _C L .L -C 000000000 000000000000 CO PO Amount/ PO Vendor Change Order Amt 5986 Everlast 510,560.74 6009 Prestige 64,796.00 6008 Merit 14,137.54 6182 Merit 3,000.00 6005 HD Supply 67,361.54 6004 SE Development 62,920.00 Invoice Pd Amt 510, 560.74 64,996.00 14,137.54 2,249.71 67,394.54 60,632.00 Difference 0.00✓ 200.00 0.00 750.29 -33.00 2,288.00 TOTAL CHANGE ORDER TO BE PROCESSED 2,805.29 CHANGE ORDER #17 PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build Services PURCHASE ORDER 5863 PROJECT C4606 CONTRACTOR: S.E. Cline Construction Co. PHONE 386 931 -0016 ADDRESS: 18 Utility Drive CONTRACT NAME: Collier Canal Stormwater Palm Coast, Florida 32137 CONTACT DATE: September 26, 2008 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: This Change Order #17 reflects a reduction for materials purchased by the City of Sebastian for the following vendor: 1. Purchase Order Revision Reduction in PO# 5863, S.E. Cline and Increase in PO# 6009, Prestige AB Management Co., LLC $2,937.00. Net $0.00 effect. A) Contract Price Prior to this Change Order 3,391,283.19 Net Increase (Decrease) Resulting from this Change Order (2,937.00) New Contract Price Including this Change Order 3,388,346.19 B) Contract Time Prior to the Change Order (Number of Days) days Net Increase (Decrease) Resulting from the Change Order (Number of Days) days New Completion Date Including this Change Order AGREED: COMPANY rr Date: 0 Authorized Signature Approvals by City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization cumulative amount less than 15% of contract price or $15,000 single change order City ouncil Authorization cumulative amount exceeds 15% of contract price or $15,000 single change order eting date 0 Y I EBASTIAN: 1 I ij��r�!'�er (M P oject Manager Finance Director' City Attorney HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER Date: 3/t 110 0 as to legal T T: ►C iu C Cl �c as to budget Sally A. Maio, MMC, City Clerk a 02/25/2010 12:14 nveidt I [Total: 53,131.75 CITY OF SEBASTIAN Invoice's for PO: 6009 Year: 2009 Per: 6 Document Invoice Date Invoice Amount Liquidated Amount Warrant Voucher Check Check Date 15789 347321 12/04/2009 765.25 765.25 121109 73613 73493 12/11/2009 16294 348201 12/09/2009 549.00 549.00 01082010 74152 73723 01/08/2010 16293 348671 12/14/2009 756.50 756.50 01082010 74151 73723 01/08/2010 16295 349214 12/17/2009 799.75 799.75 01082010 74153 73723 01/08/2010 16428 350152 12/30/2009 453.75 453.75 01152010 74298 73894 01/15/2010 16539 350592 01/06/2010 756.50 756.50 012210 74420 73934 01/22/2010 16597 350841 01/08/2010 799.75 799.75 01292010 74487 73991 01/29/2010 16847 351198 01/13/2010 1,599.50 1,599.50 020510 74748 74058 02/05/2010 16849 351521 01/15/2010 756.50 756.50 020510 74750 74058 02/05/2010 16846 351666 01/18/2010 799.75 799.75 020510 74747 74059 02/05/2010 16848 351769 01/19/2010 418.75 418.75 020510 74749 74058 02/05/2010 16845 351952 01/20/2010 799.75 799.75 020510 74746 74058 02/05/2010 16975 352101 01/21/2010 1,513.00 1,513.00 02122010 74889 74111 02/12/2010 16974 352244 01/22/2010 756.50 756.50 02122010 74888 74111 02/12/2010 16973 352484 01/26/2010 808.50 808.50 02122010 74887 74110 02/12/2010 17128 352828 01/28/2010 1,530.50 1,530.50 021910 75064 74172 02/19/2010 17129 353491 02/04/2010 30.00 30.00 021910 75065 74172 02/19/2010 END OF REPORT Generated by Nancy Veidt 6'165 1'786 765 `165.2 1 1 '664 IPG 2 Ipoinqury CHANGE ORDER #16 PURCHASE ORDER 5863 CONTRACTOR: S.E.Cline Construction Co. ADDRESS: 18 Utility Drive Palm Coast, Florida 32137 AGREED: COMPANY. Authorized'Signature ager Project Manager ASTIAN: Date: Date: 1/13/6 e lf HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER 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: This Change Order #16 reflects a reduction for materials purchased by the City of Sebastian for the following vendor: 1. Purchase Order Revision Reduction in PO# 5863, S.E. Cline and Increase in PO# 6005, H D Supply Construction$ 3,105.66. Net $0.00 effect. This is change order is required in order to process the final invoices for H D Supply Construction. A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) New Completion Date Including this Change Order City Attorney as to legal PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build Services PROJECT C4606 PHONE 386- 931 -0016 CONTRACT NAME: Collier Canal Stormwater CONTACT DATE: September 26, 2008 3,394,388.85 (3,105.66) 3,391,283.19 days days Approvals By City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization cumulative amount Tess 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 (mee ng date ST: Finance Director as to budget Sally A. aio, MMC, City Clerk To 0 0 0 c 000QQLo<<<<v<<< g Z Z Z Z M Z Z Z Z o z Z Z r. Z Z Z V Q o Q c 0 O O co Q L 0 a) 17 m c a) M ct O 0 O N C C -C cDE 70 m 0 0 a) 0 E E cc U) E E 0 0) 0 i 0 CD CI) a) 0 0 E (1) 0) Oo t` N a O co to C O N 2 6 LI- E O 00 T p LO 121 is O N N O m m c c In N i s a) c c .2 2 c co co o Y -o o° to m a) 3 T t 2 v) m m iA E o (A a) a) 0 7) 0 0 0.00� a 'a 4'0 .n 5_, 17 v m 80 0 C p 0 a) CO 17 o m 0 w 2 m m m o V `n w E o m m a c 5 w 0) 4" 00 0 co 0-c rn- 7 0 0 a0 T>, T 7)0) CO 0 O' CD c.7) TT T L L L C O CO .5 CO C a) N L L L 17 7 7 '5.5.5 E E 6 2.1 c0 17 '5 0 0 CO 7 E E 0 0 i 17 L a) 17 CD m w co co co C L 0 0 LL LL a CO CO CO 46 L CO L L L L to L L L a) L 2 2 a m 0�f ots 3 3 0 a o f> j O_ O_ Q a) t t 2 O U) Z 7 0 0_ OQ L d co N W Y a a -0_ C 0 0 0 N N Z. .9 m m 63 .9..9 U N C m f° o .CO 00)) a) 0LJJ L17 a) 0 a) o o a E E E c c c c m v E E E m E C Q w O O 4) a) Y J N 0 0 a 0 Up I Li M CD o o 0) a) 0 a) a? 3 03 o 0 o o 0 o t .0 I.D. 2 2 2 O CO •V •V y .0 E 7 7 7 O O O O L p L N T 7 7 Y 7 d o o o< 0 0 0 0 s 0 s 0 CD CD CD 0 c o 0 cA o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 'A 00 O g !i:1)- O V 6; M V N O O N O M M 0 0 M O N O O (O O O M O (7 00 00 (D n N- h N- CO (O (O '4) CE) '0 C() '4) CE) U) O 0 OD 00 0 (0 00 CO 0D 00 00 (O (0 o 00 1.0 '0 O N 00 0 0 0 to C0 u) l!) 0 0 l() CC) CC) OD 0) O ff) O (0000) C 40) V co CO CO O O 0) 0 O CO M 0 M 0 (0 O CO 0 0, 0 at CC) CA T M V O T r 00 O 0 N t- O O N O O v N c CV 00 C n O O) (O 0) V 0) M M V' CD 0) 0) O n CO 0') N 0) 0 O) 0 I- r- (O (O co an (fl (O CO (O L[) CO CO C() CO En- En- En- En- 69. En- EA> En- En- En- En- En- En- En- ER En- Ea CS' 0 O0 0 0 0 0 0 0 0 0 0 0 0 0 n 0 (0 0) O N CO n O C D O O O C D O O ON t- CO a- 6 t() (O (o (O CO 0) an 6 0 0 Co 6 0 0 0 00 0 M cp CD in O N 0) V OD V OD CO at V V 0 O V 0) O CO N 00 h (O 0 CO (O n O M,- V M V O') 0)-- 0 N N`-' O) 01 0) En- En- EA EA VI En- En- En- EA CA En- En- ER En- En- En- En- En- EA O r N M 0 CO 4k 4k 4k 4k 4t qt 4t 4k 4k 4t 4k 4t 4k 4k 4k 4t 4k 4k O 0 a) 0 0 a) a) 0 0 0 0 a) a) 0 0 0 0 0 '5 17 17 V V 0 V 0 17 17'7 V 0 17 17 00000000 0000000000 CD a) 0 a) 0 0 0 0 0 a) 0 a) 0 0 0 a) a) a) 0000 0)0)0)0)0)000000000 c c c c c c c c c c C C c c c c c c CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO L L L .0 L L L L L L L L L L L L L L 000000000000000000 01/06/2010 15:43 CITY OF SEBASTIAN dkrueger CHECKS BROWSE Cash Account 999000 102000 999000 102000 999000 102000 999000 102000 999000 102000 999000 102000 999000 102000 999000 102000 999000 102000 999000 102000 999000 102000 999000 102000 999000 102000 Check Check Date Warrant Clr Cleared Da 73404 12/04/2009 12042009 73251 11/20/2009 112009 Y 73043 10/30/2009 10302009 Y 72896 10/16/2009 101609 Y 72565 09/11/2009 091109 Y 72296 08/21/2009 082109 Y 72118 08/07/2009 080709 Y 71935 07/17/2009 071709 Y 71819 07/03/2009 070309 Y 71540 06/05/2009 060509 Y 71463 05/29/2009 052909 Y 71404 05/22/2009 05222009 Y 71325 05/15/2009 051509 Y 11/30/2009 11/30/2009 10/30/2009 09/30/2009 08/31/2009 08/31/2009 07/31/2009 07/31/2009 06/30/2009 06/30/2009 05/31/2009 05/31/2009 Vendor 82145 HD Supply Const Supp has 13 Checks for: 63,245.54 END OF REPORT Generated by Debbie Krueger 0.00G PO W564,288.88 pact `63,245.54 2,078.50 OAA 2,070.50 )N o1 3,105 ®66c; d eA PG 1 apvdrmnt Amount 5,604.55✓ 824.76 890.00 13,982.61 13,252.98 12,289.28 27.82,/ 7,997.71✓ 5,199.61 1,099.68v/ dent 59tbli Ifiltt OttS16O11tjp4$4Y3 OOOmoOC1 1I41 hhId h ltidiffitJIiw hiI oft y co tam-no isr TAN F.329554165 A5 6Q .5400 LB .5400 LB /.S4 '':GO PAPS S 1f ITH *VOCE GATEWAY you tah Aamyispeak t -d d i- .aka l; Get +b tt t and.ipbr bl. W t ltr v Farm. lJSpp jou cted cl t mm-a Eo ytaur wall i nt It a� dio otkn snrl ioek*.ItC NOIce nl .Asedyt i cMtdi P,e45m t>ssr ND 141 on i t and ioatciorll s lntrgivie Ear Ink f'LPoeoA i1i 1 ,i 01010 PTT'DU£WILLACCRUE Po, Waggons reganing Ns WCAq. 1=8004141TE ‘1,1100 444-8322). ay) n SOO I'il1 t'R1* CtAE1.8ClJl l 12914 -22 NO REFUNDS OR F (�K motto AA1Qfse S Lea t to complete fermstincl Otis. art OF asoisrim 141P441 OR teRRAIMAN, tae .7 tR os5 TOTAL FREIGHT 1101010E 233011140 121 1005 s is t!q> a3DN><T Y atAltrA, GA 45 2002,50 2,07 Page 1of1 White Cop CONSTRUCT /ON SUPPLY www.whitecapdirect.com P F:? N •s°i c 600 D I S.; T E••; 3.171.1 T ON DR- (321) .i. -,.t,: 99 r, MELBOURNEK .32904 i 1111 111 VII VIII V III II I VIII IIII III 185402. C t OF. 5: ?E...!-:r6f r i f 1 AN C/0 E...i :r E: ci N8 E uc:3 ],i'1 :1.225 iA:1,1'•. STREET y r 2 ::.c,: ,.fl�tr�'E ::Efrs:f. !.E :.'.:,•.a �.i�i`�? �t t R.E- 4f :iE�; 8 6 ..1 #..I...I •E,f;.} ORDER .�?r•t�1 f4'r ft:l:i.s, :rE_. DATE t�€.�f;� P*Et:3,.'- t 41 =1 C:3tfE :.Es..:. •r i:} 12/14169 q ....d 1 $J`6 .f. /15/09 .E. 8,.:) 40 6005_ r' }8..'P J; >y1•'1 :I.E Ft t,'''RC)L11 1 :1\!&; 6 i•E:: E:•t1 :i::! J1_ €.::i:Y .SHIPPED :D E.,tit' TAKEN By d ?.I...i...3.VE_RYr 42/15,•t'09 233 i;VAND s,:.1} N.. .i •(11 #fttif {I� #t tr# t' +1Eti 's X21' ��III I:a"i••t �t} :1 E Et II.,I: I. ri1 ,tl�fil }.II• ?.1.. ..1. 1�f L.'I::. }t..1•.i:E' }.E:t:td E 101,1 r;fYio 1 Q f I...t "t Y GF i'.... ()•1. .s #,t:it }i 086-11E. T :1L.E_. i4AE>;14AC #.:'.A '`fr,:f() 001 ,04 f:.f {',l Si} 11. F E::. 1k 1E•, 20 434SFAB! 2887.50 LB 0 2887.50 #1Ty....I,025,3 i 1{% FAD RE DAR tit SO D<''i_B hE_.1:.t't1,h psi', I. ",�.t., yt.; t.1 —STIRRUP '1'`i' f:..`,,, ,f,!i '',EACH PC W'I 0.75 1...t' C5850E .r,:s,' '..s#.,,D 'INVOICE AMOUNT t.f t. t. t.1 .i. t:f f receive ce:f.. le �•S �`is• v },°l :ft5 you f'•....::E,�t:'t:: •#::t.yt t. :1, .E. 1:ii. •.t• yF I 1.1 t• I.t•:'t1 ion: a, cy.°T ;yb...'s 9 3:'t. 2 t: fYi•;;tt'`•f::. ..Jt•ihi•is,t:•sr1 in c: •E,;tc?f"•t• }::Y 47. -E. a.r1d •E:'.? .ap,$:'f'f f'eiJ F'fl r01,. i 3, T' OF SEBASTIAN.. E1:it.1G.T ,d. i`N o... }.l (.:E,..1 NI f_;N`.' ;•1 E l.!2:•1 3: (:1 SEBASTIAN EL: Ft`I:::!:::I ::I: t I ::1Y •Y' 40B14 s• B: CB LB• NO REFUNDS OR EXCHANGES ON NON STOCK MERCHANDISE SEE REVERSE SIDE FOR 'TERNS AND CONDRIONS 4t 0+, :ti CUSTOMER COPY BRANCH CONTROL COP' "1MBUH C 1J91@D1?11$7 pd$ 1 188.1 URAsCHAbinESS MEIBOURNE (4062)' S:U1TN RR R22 �1 $HIPT�:. wIM�ROW .DR amT1i.F. JNC. icE 20 34: Oi IO1 e ep'S nbw.lrWq BM41t9i icr 41y 1nbyr saccm se CAI �49`��u'!'�ifldt fc�l`tlY�'liliralr10 #yr�+. �bjkad sr+ tae 1.D7 .Lop;t1yr spat kookvlf�4 lf(rr pnic.: PItBF 1 yY111 1' i►n►a call ::ii E (1 ��fi1J�$�M�41i1 fJl�li+f��ICIi+IF#�1P1tllSa MsftM�i:�h1�tea�Utn' ndwc�rn�fbaapdf 'ia�t6ar�ontp►d4s:iA�d.; EI t�Yr GLEN 1'OTitl OTAL? q .aa5i 'zaI o5c Page y r 1 iLR ON ACCOU 600 DISTRIBUTATh DR (321> 674 #ELBOORNE, FL 32904 1 SUNNY, White CONSTRUCTION SUPPLY www.whitecapdirect.com i 1111111 11 111 111 11 1111 11 1 111 iiii uiii il ii f u Ji titit 1 111111 1111111 111 11 111 11 1 1 1 irn iliti S[Ll' ��O: 18�402 ::;HIP Tr, CITV [F SEBASTI(:N CITY OF SEBA:::TIAN i C/O Si..:: CLINE C8i C/O SE Ci [NE CONST0]CTI0 1225 MAIN STREET 743 WlMBRUW DR RECEIVED BY: JOB# �:34AN dwilk233 ORD BYHAP ORDER NO ORDER DATE INVOICE DATE JOB NO.--CUSTOMER- StSM# 2�JO�3448 12/ 12/16/09 1854O2 6005 'W37 ---------------------r--�----~-__r��~-- /�RMS SHIP VIA/ROUTING DATE REQUESTED GHIFYED f NET 2J:,TRUCK DELIVERY 1.2/1'.:3/09 LO PART NUMBER QTY ORD QTySHP Q[Y BKO BIN H/M DESCRIPTION SHIP i` 10 435RS12PC60 EA YD007 #4 6R60 1/2" 20 REBAR C 20 4343FAB 2887. LB 2887.5O WCIO2�3 03 FAD REBAR SOLD/LB REBAR 6"X12"X6" U-STIRRUP TYPES1O EACH PC WT8 0.75 LD (3850PC=2887.5LB INVOICE AMOUNT SHIPPED WEIGHT SIGN 7 2 ^/7 ~7 Firma/Nombre If you didn't receive the service you expected call Bob Jacoby in the Western Region at 949-794-5272 or Mrc Johnson in our Central and Eastern Regions at 502-664-0419. B: CB: me NO REFUNDS OR EXCHANGES ON NON STOC MERCHANDISE SEE REVERSE SIDE FOR TERMS AND CONDITIONS V U I CE NO^ 2330. PACKING SU CHANGE ORDER #15 PURCHASE ORDER 5863 CONTRACTOR: S.E.Cline Construction Co. ADDRESS: 18 Utility Drive Palm Coast, Florida 32137 AGREED: C7ANY elf Authorize ignature X k. AL 1 -Ir/ (m mg date if(/' V BASTIAN: i Date: tog r ager Project Manager Finance Director City Attorney HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER 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. Stack stone walls for the Barber Street ends of the Fleming Street Bridge. These walls are required to stabilize the high slopes as the bridge approaches on this side of the bridge. A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) New Completion Date Including this Change Order Date: Approvals By City of Sebastijn in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization cumulative amount less than 15% of contract price or $15,000 single change order City C uncil Authorization cumulative amount exceeds 15% of contract price or $15,000 single change order s to budget as to legal PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build Services PROJECT C4606 PHONE 386- 931 -0016 CONTRACT NAME: Collier Canal Stormwater CONTACT DATE: September 26, 2008 3,380,070.15 14,318.70 3,394,388.85 days days ATrF�ST: Sally A. aio, MMC, City Clerk ER t0 0 0 0 c ¢¢a aaQ 3 Z Z Z Z M Z Z Z Z O Z Z Z.Z Z Z Z 0 o L 0 c en 0 d 0 E O a eea 7 E E E Q 0 o c o M V' 0) a) m a N c c N O m a) a) c a) a a c i E E u) a) EEa)a) o N d w (0� 0 O) M r (0 a C 0 2 2 u) 5 u) m c0 CO 00 f0 f0 O 3 T `6 M l0 C C y 3 L O C C C (0 o O Y •0 O O C 0 3 TL E y o o(0 E'o.a.rn- (n CO CD a) a) a CO N y c a) a) a) m m f0 Q. O) CD CO 7 "e a.a ;O p m O c ao a) m c. 73mm 0 t0 O O o w 2 5552 0w0 0o T T 0)(o co 0) 0).- 0) y O C1 T 0 LLL C 0 C C o y 'a a 73 70 70 E E u) J m 73 73 E wa .-o o mu) m 1 u y y U N i i 0 C t l0 ii il L L L L•C L. Ll. C U) 3 0 °�0I o ao O N EL aaa)li r 2 E g 1 9 nn :c y y y 5 a aL L C 0) u 0 0) w Z., (0 f0 j N a) SS 7 N- O a a o U a) CD CU L J J S 'It In O 73 0) 0 CO O cp (0 f0 t 0 e cc ocLiE.0 m c co 0 0 0 W a) Q) 0) Ooo 0 0 0 2 a) !22 2 t co y 0 7 7 7 O U U U U L 73 L :0. O a) N 0 0 0 0 0 E E 0 y 0 0 :fl DI n. 000<0000505 c c0O L 0 0 C C O C C C C O C C C In O m OD O Nt 0- f- M Nr N O CO N C) tn. M (n W. Cl e- 0 N 0 0) (D o O M 0 O� oama Nt N- r-r-(0(0(00(0(0(00 a 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 (0 c CO 0 0 0 CO OD 1l 0 O tn co •Od'O0)CiNi 0)NIO (0(0 Nf (0 0 O 0) CO 0) (0 M (C) M 10 Nr O CO 0 M Q1 CD 01 NT O 0- OD O (0 N 0- 0000 N 0) 6 N NNNiOD r- 00(0 <N 0 C1) m Nr 0 0) 6) 00 r- 0(•) M N 0) 01- 0) (0 r` N- r- n CO CO C0 (D C0 C0 (D CD (n 0 (D '4) EA El* ER EA fA 69 EH EA EA EA 0) 0) EA EA EA EA E9 0 To 00 co0o0 CO C O N0 0 0 0 0- 00000000 N h CO 0 O ui Cfl C0 6 (D 6 6 6 (n (n 0o ui (n O 00 aD 00 0 O C (O N N N r- N h O 0 M N (00 M 00 Y (n N 0) V 00 Nr O 00 Tr Nil C 0) O M M 0 N v 00MO(OOCON OfM�NM�.Y' M V M Eft U U EA EA Ea ER EA CA ER E9 EA EA E9 E9 69 EA 40 0 N f0 O (3 E a o O N 01 to 0 w 0 wa)0000a)wa)000a)a)000 c °�0 73 73 73 73 73 73 73 73 73 73 73 0 73 73 73 0 o 0 o N 00000000000000000 00) m a m 0) O) a m C) 0) m a a 0 C) 0) O) 0) n: C C C C C C C C C C C C C C C C C (0 O 00(00000000(000(000 73 L L L L L L .c L L L L L L L .0 L L a O 0000000000000000 D Wall From: Island Pavers Stone, Inc. 2686 US Highway 1 Vero Beach, Florida 32960 Telephone:772- 778 -1403 Fax:772- 778 -1608 To: S.E. Cline Construction. Inc. 18 Utility Drive Palm Coast, FL 32137 Attention: Hap Cameron, Jr. Telephone:386- 446.6426 Fax:888-465 -3598 Lay out, engineering, design and shop drawings Tremron PISA II Segmental stacked retaining wall Two areas approx. 55' x 5'6" x 6" 8 x 6 x 12 Tremrom PISA II Wall i� AP fv PQovIdi auatl PROPOSAL AND ACCEPTANCE Optional add Daily Engineer certified Installation add 3,400.00 /yO Price includes materiel, cuts and waste, labor, tax and freight. Additional backfill if required by The City of Sebastian Current lead -time is 2 4 weeks. TERMS: Due upon completion Time for acceptance: 30 Days Fleming St. Bridge Retaining Walls E00 /LOOK Sa3AVd- ONVISI Date: 10/08/09 Project: Fleming St. Bridge Retaining Walls Fleming Street Sebastian, FL 32958 PM/Supt: Hap Cameron, Jr. Cell: 386 931 -3465 Site Fax: 888-465-3598 email: marine@clineconstruction.net 1 Task $1,890.00 Each 385 Fadal Sq. Ft. $28.90 PSF Color. Any std. gray cement color or blend Total: Owner/Builder is responsible to inspect materials for proper color Signed Agreement required prior to our ordering materials. and shape prior to u in n. Any changes in layout involving extra oust will be executed only Authorized by 0 0.1 a upon written orders. Sianature: •Ail objects must be removed from the work are Tin Bieber (i.e. furniture, pots, personal items, etc.) Island Pavers Stone, Ipc. $1 ,890.00 $11,127.00 13,01 SE. OWL 10 Cl7 S T 1 9 3 0 1 1 0 tar ran-hi, 1 4 3 1 r 0 Acceptance of Proposal The above prices, specifications and condition are satisfactory and are hereby accepted. You are militarized to do the work as Customer specified. Payment will he made as outlined above. The Terms Signature: and Conditions on page 2 are acknowledged and have been read by the customer. Date: $13,017.00 809L8LULL XV3 LZ ;L 600Z/80/OL TERMS AND CONDITIONS This agreement shall constitute a binding Contract in accordance with the terms on the first page and the following conditions. The general conditions together with all handwritten and printed materials contained in this document, form the complete Contract end there are no representations or warranties or conditions, expressed or implied, affecting this Contract other than as expressed herein. All selections are made in accordance with the manufacturer's samples, brochures and color charts, which Customer has examined and agree, are approved. Seller is not responsible for color variations due to dye lot or production run. Color may vary due to variability of raw materials, efflorescence and other factors beyond Seller control. Although the color pigments in concrete pavers have excellent durability and weather ability, depending on the specific weather situations, during the first year or two after Installation, efflorescence may form on the surface of concrete pavers. Efflorescence is, for the most pert, caused by free calcium hydroxide within the pavers which then reacts with carbon dioxide within the atmosphere to form a white calcium deposit which is referred to as efflorescence. With further exposure, this in turn will be changed to highly soluble calcium hydrogen carbonate which will dissipate over time. Material warranties and guarantees are not made by Seller, and Seller hereby disclaims any warranty or guarantees of any kind or nature, including merchantability or fitness for a particular purpose. All warranties and guarantees of the pavers shall only be those provided by the manufacturer. Installation of the pavers is guaranteed only as to the workmanship supplied by Seller for one year from date of installation. Seller does not accept responsibility for delays due to fire, floods, strikes, or other conditions or contingency beyond its control, including unavailability of paving materials and components from manufacturers and suppliers. Builders and Contractors: Seller is not responsible for removal of existing material or other surfaces. Trash will be placed in dumpsters or in piles and removed by others. Preparation of the sub -base graded to 3112 inches by others, unless specified otherwise in Contract. Seller is not responsible for damage to gas, electric, telephone, cable, irrigation, septic tank; drain field, landscape, sod or sidewalks. Re routing or repair of lines is Customers' responsibility. All deliveries are made to curb line. Any deliveries made past the curb line, are the complete responsibility and risk of the Customer, and any resultant damages shall be at the Customer's risk. Seller is not responsible for settling, shifting or other movement of the pavers resulting from the underlayment. Customer shall have underlayment stabilized, compacted and graded to a minimum depth of 3 1)2 inches. Muck or other unsuitable materiel beneath underlayment may result in settling and shifting, which is not Sellers responsibility. All materials are estimated from the plans fumished by Customer. Should the actual square footage as installed exceed that reflected in the plans, additional material and labor furnished shall be charged at the rate of oer square foot (leave blank if stated on the front page) plus prevailing delivery rates. Due to special ordering of materials, no credit shall be due Customer should square footage installed be less than that shown on the plans furnished by Customer. Customer may retain any unused but paid for pavers. Removal of excess pavers and materials from the job site if requested by Customer shall be chargeable to Customer at the prevailing haul rate. In the event unexpected and unspecified material must be removed prior to installation of the pavers, labor shall be charged at $35.04 per man hour. Machine time or other outside Contractors shall be charged at prevailing rates plus 15% for overhead and supervision. Hauling and dump fees shell be charged at prevailing rates plus 15% for overhead and supervision. Escalation: The Contract price for this project has been calculated based on the current prices for labor and for the component paving materials. The market for paving materials and labor that are hereinafter specified is considered to be volatile, and sudden price increases could occur. Should there be an increase in the prices of these specified materials or labor that are purchased or incurred after execution of the Contract for use In this project; Customer agrees to pay that cost increase to Seller. All accounts are due as stated in the terms of the Contract. If invoice is not paid when due, Interest will accrue at the rate of 1 1/2% per month (18% per annum). If after due date the account is placed in the hands of an attorney or collection agency for collection of all or part of the amount of the invoice or invoices, the Customer shall be liable for all costs of collection, including reasonable attorneys fees, whether or not said matter is brought to trial, and for all trial proceedings Including levy, execution, garnishment or any appeal. All material will be the property of Seller until final payment has been received and shall be subject to Florida Mechanics Lien laws and the Uniform Commercial Code. Customer hereby grants to Seller a security interest in the pavers under the Uniform Commercial Code. All payments due Setter from Customer are to be paid to Seller at its place of business In Vero Beach, Florida. On default by Customer of any of the provisions of this agreement, Seller shall have the option of refusing to perform further under this and any other existing agreement between the parties that Seller may elect, and Seller may rescind any agreements between the parties and hold Customer liable for all damages and losses occasioned thereby; or of re selling at public or private sale, undeliverable goods covered by this and any other existing agreement between parties that Seller may elect. Seller shall not be liable to Customer for any profit on any re-sale, but Customer shall remain liable to Seller for the difference between (1) the agreement price of the goods plus all expenses and charges for account of Customer specified in this agreement, and all expenses of transportation, storage and resale, and (2) the re -sale price of goods. and (3) any preparatory site work performed on the job site. If any provision of this Contract is held to be illegal, invalid or unenforceable, the remainder of this Contract will survive and be enforceable. My dispute with respect to this Contract, its terms, conditions and enforcement shall be governed by the laws of the state of Florida, and the venue of any determination in s Court of Law shall be Indian River County. coo /zoo t 583AVd- 11NV1SI 80918LLZLL XVJ L2:91. 604Z/80/01. -pm 0V AVIA/ S 4dv.Z h A40:0 $'.q L .5 5141' 1, 4 r eofi.13 eo Z .or, 7 -avV 2 "e 4pd -T,4'4 a*ioA.r.d.r. ,60,v� lil�'N /7$7.YYIv/ivv W4IIJ "r‘ £46 1 mod P44 Ago/ IV.0014 0 0Y0,01 ViO411,4S 46+f4d Affid,A )we L7 C. D.t "Para/ W.-oar L $I Xs'. deer t rae 3 /dam 7 77Z' )70 -11 7V- 77 #./6 ei 77z 1 7 3 -9fJ E00 /800 P Sa3AVd- ONVISI 8091.8LLZLL XVd 8Z 4L 600Z /80 /OL Debbie Krueger From: Sent: To: Cc: Subject: Attachments: RFQ Island Pavers.pdf Tracking: Hi Bucky, Please review and let us know your thoughts. Debbie Debbie Krueger Friday, October 23, 2009 9:09 AM Ernest Gerber 'hap @clineconstruction.net' FW: Island Pavers RFQ From: Hap Cameron [mailto :hap @clineconstruction.net] Sent: Thursday, October 22, 2009 9:39 PM To: Debbie Krueger Cc: 'Marine Operations S.E. Cline Construction, Inc.'; Ginny Sieferd Subject: FW: Island Pavers RFQ Debra, Recipient Delivery Ernest Gerber Delivered: 10/23/2009 9:09 AM 'hap @cli neconstruction. net Attached is the quote from Island Pavers for the stack stone walls Bucky St. Bridge. These walls or some type of similar technique is required to stabilize the side of the bridge. Please advise what the City would like to do here. Thanks and Best Regards, C. M. "Hap" Cameron Jr. 10/28/2009 3a i 1 From: Marine Operations S.E. Cline Construction, Inc. [mailto :marine @clineconstruction.net] Sent: Wednesday, October 21, 2009 7:30 AM To: HAP @CLINECONSTRUCTION.NET Subject: Island Pavers RFQ Page 1 of 1 requested for the Barber St. ends of the Fleming high slopes on the bridge approaches on this CHANGE ORDER #14 PURCHASE ORDER 5863 CONTRACTOR: S.E.Ciine Construction Co. ADDRESS: 18 Utility Drive Palm Coast, Florida 32137 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: This Change Order #14 reflects a reduction for materials purchased by the City of Sebastian for the following vendor: 1. Purchase Order Revision Reduction in PO# 5863, S.E. Cline and Increase in PO# 5986, Everlast Synthetic Products, LLC $11,438.27. Net $0.00 effect. This is change order is required in order to process the last invoice for Everlast in the amount of 41,088.00 A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) New Completion Date Including this Change Order AGREED: t' G A A COMPANY sr�.r''�"' 't' i tea/ Date: e Authorized Signature HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER Annrovais By City of Sebastian in accordance with Code Sec. 2-10 (check one): X City Manager Authorization— cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization cumulative amount exceeds 15% of contract price or $15,000 single change order (me ng date STIAN: g Project Manager Finance Direct() City Attorney Date: 241 tm of as to legal PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build Services PROJECT C4606 PHONE 386- 931 -0016 CONTRACT NAME: Collier Canal Starmwater CONTACT DATE: September 26, 2008 as to budget Sally A. Mai 3,391,508.42 (11,438.27) S 3,380,070.15 days days C, City Clerk carte A.S CHANGE ORDER PURCHASE ORDER 5863 CONTRACTOR: S.E.Cline Construction Co. ADDRESS: 18 Utility Drive Palm Coast, Florida 32137 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: This Change Order #14 reflects a reduction for materials purchased by the City of Sebastian for the following vendor: 1. Purchase Order Revision Reduction in PO# 5863, S.E. Cline and Increase in PO# 5986, Everlast Synthetic Products, LLC $11,438.27. Net $0.00 effect. This is change order is required in order to process the Last invoice for Everlast in the amount of 41,088.00 A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) New Completion Date Including this Change Order COMPANY 6 A G wia/4r aL✓ !A'p `ice ex&i azeivI Authorized Signature Approvals By City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization cumulative amount exceeds 15% of contract price or $15,000 single change order (meeting date CITY OF SEBASTIAN: City Manager Project Manager HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER #14 PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build Services PROJECT C4606 PHONE 386- 931 -0016 CONTRACT NAME: Collier Canal Stormwater CONTACT DATE: September 26, 2008 Date: City Attorney as to legal ATTEST: 3,391,508.42 (11,438.27) 3,380,070.15 days days Finance Director as to budget Sally A. 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Number 00005986 -00 Quantity 64 Terms Rep Net 10 BP Ship 11/25/2009 Via Time Logistics Item Code Description EP65G08 -12 Everlast 6.5 Series 8' Gray Account P.O. Project C Co:34a Amount: qt g8. o'c.D Date: /a.( /0 Signature zc) F.O.B. Price Each 642.00 Balance Due Project Amount 41,088.00T Total $41,088.00 Payments /Credits 0.00 3,0 $41,088.00 LINE PO ORG CODE ACCT NUMBER PROJECT NUMBER NAME DEBIT CREDIT 1 5986 363151 606920 C4606 Drainage 11,438.27 2 5863 363151 606920 C4606 Drainage 11,438.27 3 4 5 6 TOTAL: 11,438.27 11,438.27 CITY OF SEBASTIAN PURCHASE ORDER MAINTENANCE JOURNAL ENTRY (For Account Changes and Liquidations) EFFECTIVE DATE 12/08/09 JE a: BY POSTED DATE: PURPOSE: 1. To record change order #14 Written By: DK 12/8/2009 Approved By: Debbie Krueger From: Debbie Krueger Sent: Friday, December 04, 2009 9:17 AM To: 'Hap Cameron' Subject: City of Sebastian CO #14 Attachments: SE Cline CO #14.pdf yam iE Cline CO #14.pdf (1 MB) Hi Hap, Attached is change order #14 with all respective back -up documentation for the $11,437.27. If you need additional information please feel free to give me a call. If this change order is satisfactory please sign and return, so we can process the final invoice to Everlast. Debra Krueger, CGFO City of Sebastian Administrative Services Director Telephone #772 388 -8202 Fax #772 388 -8247 email address: dkrueger@cityofsebastian.org CHANGE ORDER #13 PURCHASE ORDER 5863 CONTRACTOR: S.E.Cline Construction Co. ADDRESS: 18 Utility Drive Palm Coast, Florida 32137 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: This Change Order #13 reflects a reduction for materials purchased by the City of Sebastian for the following vendors: 1. Purchase Order Revision Reduction in PO# 5863, S.E. Cline and create purchase order for Merit Fasteners Corp. $3,000. Net $0.00 effect. A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) New Completion Date Including this Change Order AGREED: COMPANY Authorized Signature i TY EBASTIAN: t;� pager Project Manager Finance Directory l City Attorney HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER Date: Date: a/67 as to legal PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build Services PROJECT C4606 PHONE 386- 931 -0016 CONTRACT NAME: Collier Canal Stormwater CONTACT DATE: September 26, 2008 AT 3,394,508.42 (3,000.00) 3,391,508.42 days days Approvals By City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization cumulative amount exceeds 15% of contract price or $15,000 single change order (m ting date s to budget Sally A. Maio, MMC, City Clerk CITY OF SEBASTIAN: City Manager (mt .NOME Of 11W004 ISLAND CITY OF SEBASTIAN CHANGE ORDER Date: CHANGE ORDER #13 PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build .Services PURCHASE. ORDER 5863 PROJECT C4606 CONTRACTOR: S.E.CTine Construction Co. PHONE 386 -931 -0016 ADDRESS: 18 Utility Drive CONTRACT NAME: Collier Canal Stormwater Palm Coast, Florida 32137 CONTACT DATE: September 26, 2008 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: This Change Order 413 reflects a reduction for materials purchased by the City of Sebastian for the following vendors: 1. Purchase Order Revision Reduction in PO# 5863, S.E. Cline and create purchase order for Merit Fasteners Corp__ 83,000. Net 80.00 effect. A) Contract Price Prior to this Change Order 8 3,394,508.42 Net Increase Decrease) Resulting from this Change Order 8 (3,000.00) New Contract Price Including this Change Order 8 3,391,508.42 B) Contract Time Prior to the Change Order (Number of Days) days Net Increase (Decrease) Resulting from the Change Order (Number of Days) days New Completion Date Including this Change Order Approvals By Citv of Sebastian in accordance with Code See. 2-10 (check one): X City Manager Authorization cumulative amount less than 15% of contract price or 815,000 single change order City Council Authorization cumulative amount exceeds 15% of contract price or 815,000 single change order (meeting date ATTEST: Project Manager Finance Director' t f to budget Sally A. Maio, MMC, aty Clerk City Attorney as to legal Bill To Vendor Merit Fasteners Corp. 5105 Phillips Highway Suite 4 5 Jacksonville, FL 32207 Date Vendor Date Ship Ordered Number Required Via Terms Department 11/23/09 138119 Ship To City of Sebastian 1225 Main Street Sebastian, FL 32958 Bid Number: Authorized By: Acct No: 363151 606920 -C4606 Review: Buyer: Status: Released Ship To City of Sebastian 1225 Main Street Sebastian, FL 32958 LN Description Account Qty Unit Price Net Price 001 Open Purchase Order for 1.0 3000.00000 3000.00 Miscellaneous materials not to Each exceed $3,000.00. Materials to be shipped per written releases authorized by SE Cline construction, Inc. Authorized Signature: C.M. "Hap" Cameron, Jr. 363151- 606920 -C4606 3000.00 Requisition Total 3000.00 General Ledger Summary Section Account 363151- 606920 -C4606 3000.00 847432.00 Approval /Conversion Info Activity Date Clerk Comment CCancelledll /25/09 Nancy Veidt Key value(s) changed. Queued 11/25/09 Jean Tarbell Key value(s) changed. Pending Nancy Veidt Key value(s) changed. Pending Debbie Krueger Key value(s) changed. Requisition 00000750 -00 FY 2010 FINANCE /ACCOUNTING Page 1 Amount Remaining Budget Date: /2 I Signa,Sure Item Qty UOM Description Unit Price Extension 1 Ea 1/2 -13x12 Full Thrd Stud Zinc Pltd $0.96 4 Ea 1/2 -13 Hex Finish Nut Zinc Pltd $0.0450 3 Ea 5/8 -11x12 ft All Thread Rod Zinc Pltd $9.25 2 Ea 5/8 -11 Hex Finish Nut Zinc Pltd $0.0825 5 Ea 5/8- 11x2 -1/8 Coupling Nut Zinc Pltd $0.35 6 Ea 1/2x18 Dowel Pin 18 -8SS $5.95 7 8 *Materials to be shipped per written releases 9 authorized by S.E. Cline Construction, Inc. 10 Authorized Signature: C.M. "Hap" Cameron, Jr. 11 12 13 14 Remarks: Contact: Subtotal Delivery Coordination Jack Cooper Cell#: (772) 633 -8223 Freight Sales Tax 6% County Surtax 1% Total NTE 107Y69 -A0. Merit Fasteners 5105 Phillips Highway Suite 4 5 Jacksonville, FL 32207 Fax: 904 730 -5095 Phone: 904-730-5015 Requested' Hap Cameron S.E. Cline Construction, Inc. 4286 /I* /./29,1hypeg Date S.E. Cline Construction, Inc. P.O. Box 354425 Palm Coast, FL 32135 Phone: 386- 446 -6426 Fax: 888 -465 -3598 Purchase Order #655 November 18, 2009 City of Sebastian c/o S.E. Cline Construction, Inc. 743 Wimbrow Dr. Sebastian, FL 32958 Pe IYAP ///3. Vendor Acknowledgement Date Net 10 days No Retention 5,000 V O d an ER V C) 2 V o° a N M r 0 ot 15 To 7 y C Z o O au d Q 75 C U W V) 0 7 o E Q G 7 E U a) a) L7) !0 E 0 U 0 'O C O E (0 Q .c 0 O 0 QQ QQQQQQQQ4QaoQ Z Z Z Z Z Z Z Z Z Z Z o Z Z Z 0) 0 o My nrn0 N) N CC Q (0 D) 0 0 E E cw(1) C E E N N O 0 i CO C O O_ I" c) 00 CD C .3 0 N CO C O. 6 is t0 C f0 (0 v isis c c(n 0 f4 3_c CD O O C a1 N O Y o o0'ta 03 ,r mcnc) 0 0 a a) a) CO a) a) a) co o) U 0 n. o)D) :2 m =.O a:2 :2 CO CO 0 c o v L c a (a c 0 .c z, z• m a0i o c p w UUU �w ow rn- 0 U lii 0)c) V) O O w 0) 0 0. .O .0 C_ O) 0) O N a) a) a -0 0'0 .0 E E J 0 a) 0 0002 c .0 0) y 03 a3 CO to U) U a) 0 LL LL 0 0 V) c U c C u_ LL N a) m 5 L E FL FL t 2 0? a o a (0 (0 (0 Y o n 13 .0 c 0 U to w Z. SI (0 (0 (0 y E E U 7 N C a) f0 C.)- w w w -0 JJ =7'O ED h ] O a O 7 N (6 wEEE c c °as° EE c c� o o E� �w w N C O O J O c o 0 0 2 0 0 0 0 3 rn 3 0 0 o v c a) a) o, o' (D c d o o o o. .0 0 o m O €a a) a a )mv000 0 EOE NNa i o) a 0 0 0 Q 0 0 0 0 5 0 ...7, c E 0 c co _c U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U o 0 0 0 0 0 0 0 0 0 0 0 8 ',1 0 a) COO V 000 r- P... o M N O c MM(n OEM ONO W D 0 O O 03 00 CO Is n L- C CD C (n (4) L1 c a) U o o CO OD OD 00 00 00 o OD CO a0 OD OD a0 a) O N CO (n al (n M (O (n (O (O CO (O in O (n O- 0 O M Ni O) Ni (D (D (D O 0 0) (0 0) (0 M (n co LL) V V O co in 0) M Cr O 7 n co O CO N h 00 00 CD NNI ci 6 T- NI 00) (D O)N 0 M M V 0 0) 01 CO (O M M N 0) O CO 1- n CO CO O CD (D CD CO CO (n CO v ER ER ER ER CR ER ER 69 ER ER ER ER ER ER (R U To 0 0 0 p 0 0 0 0 0 0 0 0 0 0 0 0 N c O N CO r- 00000000000 d' N OCO 0000 (O (00) O O(O(n CO(n COO O U O O) CD N N N r- N I- O O M N CO O O Y al cr 0) V CO NN CO 00 t7' O O N C) M CD CO CO CO (D O M cM r M N N M 0 0) u. O ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER ER U 0 CO E QQ 0. o N (ncp N-00 a) ;i 1 1 k kaWW ;;;iii �o 0 m m m N e) m m m m m m a m N N O O N O n, M a 7 CCCCCCCCCCCCCCC CO CO CO CO 0:3 03 CO al CIS CO CO CO 03 CO CO CHANGE ORDER #12 PURCHASE ORDER 5863 CONTRACTOR: S.E. Cline Construction Co. ADDRESS: 18 Utility Drive Palm Coast, Florida 32137 AGREED: COMPANY Authorized Signature 0 .r STIAN: M r n .cr Project Manager Finance Director City Attorney Date: l_Lik /0/ HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) New Completion Date Including this Change Order Date: Atf'See AV, as to legal PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build Services PROJECT C4606 PHONE 386- 931 -0016 CONTRACT NAME: Collier Canal Stormwater CONTACT DATE: September 26, 2008 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 60" submerged stormwater pipe thru the Collier Creek Canal Bulkhead, cast a concrete pipe collar and submerged bulkhead sediment walls around discharge pipe. 3,369,543.42 24,965.00 3,394,508.42 days days Approvals by City of Sebastian in accordance with Code Sec. 2 -10 (check one): City Manager Authorization cumulative amount less than 15% of contract price or $15,000 single change order X City Co ncil Authorize ion cumulative amount exceeds 15% of contract price or $15,000 single change order (Me g dgte. I► 09 as to budget Sally A. Maio, MMC, City Clerk marine2 Stationery Page 1 of 1 Debbie Krueger From: Hap Cameron [hap @clineconstruction.net] Sent: Saturday, September 12, 2009 5:28 PM To: Debbie Krueger Cc: Ginny Sieferd; 'Carl A. Hazenberg'; 'Marine Operations S.E. Cline Construction, Inc.' Subject: FW: Collier "48" RCP Extension Attachments: 48 RCP PIPE EXTENSION.pdf Debra, Attached is our proposed fix at the surprise 48" Storm Drain Pipe between 708 and 714 Layport Drive. This was the only way we could see to maintain the grades in the canal and keep the storm pipe from silting back in. Please share this with Tim, Jerry, Philip, Bucky, Wayne and anyone else that can help resolve this problem. If anyone has a better idea or different approach, please advise ASAP as this structure is tube blocking or operations. Thanks and Best Regards, C. M. "Hap" Cameron Jr. From: Marine2 @clineconstruction.net [mailto :Marine2 @clineconstruction.net] Sent: Saturday, September 12, 2009 5:14 PM To: Hap Subject: Collier "48" RCP Extension S.E. Cline Construction, Inc. Marine engineers and C.:onstruct° C'Fr1Itk4Ie nf.1u1[+nrirntion ct 27689 P. 0, Box 354425 Palm Coast, FL 32135 Phone: 386 446 -6426 Fax: 888 465 -3598 •CGC 057450 10/28/2009 Debbie Krueger From: Hap Cameron [hap @clineconstruction.net] Sent: Thursday, October 01, 2009 11:08 PM To: Debbie Krueger; Alfred Minner Cc: 'Marine Operations S.E. Cline Construction, Inc.' Subject: FW: Additional Work Items Debra, As discussed today, we will have to move on with the 60" storm drain modifications before we can get the City Council's approval of the change order. This work is necessary to structually tie this large submerged storm drain pipe into the Canal Bulkhead. 10/8/2009 iled breakdown you've requested is as follows: Drawings Engineering Dewatering Bypass Well point pumps Install Remove Temp. Sheetpile Remove Replace Bulkhead Wall Install Pipe Concrete Collar Dredge Shape Grade Disposal Install Sheetpile Sediment Walls F /R /P /S /P Concrete Collar Wall 1,450 1,975 Rent 1,620 Materials N/C Materials N/C Materials 1,875 N/C 820 Materials 11 2,500 Fuel 2,050 Labor Equipment 1,025 Labor Equipment 1,025 Labor Equipment 2,050 Labor Equipment 2,050 Labor Equipment 375 Pump 6,150 Labor Equipment TOTAL 24,965 We will rely on the City Coucil's rule of reason and sense of fairness in dealing with this change order. Should you have any further questions on this issue, feel free to call at anytime. Best Regards, C. M. "Hap" Cameron Jr. V.P. Director Marine Ops. Debra, As discussed here are the costs for the below listed additional work items: 1. Extension of 24" or 30" Storm pipe from the canal bulkhead to the swale along the street, City to supply pipe and backfill material Clearing strippings to be disposed of, includes grading Pipe Installation, compaction and sodding. 8 Each 5,575 44,600 2. Install Floratam Sod in lieu of Bahia Sod in the City ROW on list of houses prepared by Ginny and Jack. 1 L.S. 11,425 11,425 Page 1 of 2 0 r 0 O 0 V C o 00 a d N 4'4; O d O T. c z U O O Q O U W Cli cn O E E ER -co rn c o O aaaaaQaaa¢a a o zzzzzzzzzzzoz 0 CD 0 0) w CO 7 y E 7 y 0 a CO C E E E Q 0 co w 0) c N MR O_ E C9 N C c Q N O) a) a) a) o N N E E c 4=<n 7 0 0 (1) (1) 0 4,2 •i oc" a)E O co r c) Q. TO 0) 2 O O C N 2 r/i O in OOd -6 N N C (0 a) U 0 N C c O N' L 2 C C O C a) V) O O O O jp a) 3 T L Y 0- 1 u co co E. o) N en fA a) a) N N V) C a) a) a) O 0) D) CO '�Z U .3.7 m [O o0 o c a o a) 'O mm o ca a) +0 N z �,ma)a)� j O a m c 2E 0 0 0 92 0 c g) TTT0) co 0) 0) u) p p_ J o v 0 D. .5 E Eci co CD a) a) E E a) m -co E d) mmmca L Ca)m t L L LL u_ 0 co 2 N •0 2-0 ors or$ 3 3 .o a o E 7 7 7 0 2 0" Z 7 0 analoo (q O °a) (0 CO N co y 0_ d C (n o N L J J3' =u, Q) '0 OS CO CU CO 0 a) 03 03 c E E E V C C C C (4 L O E =ow CO c a) 0 4:1 4- C c c c@ a)° a) 3 rn 3 b C o 0 o c 2 C ow co L. E c c c• 0 0 0 0 0 0 �p p d°�CD CD 00000 CO u1 Cl d Cn 0 a Q o o o o o C C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O QO 0) CO QO 0 V N- M CO N M M O CO V M CO N O O CO O CO QO 40 r- N 1 N. O O CO O 9 O O o 0 00 03 Co 00 co co 0o co 03 CO o CO N CO O O O LC") O O O O O LC) O O O O V 00 Q) C') V Q) V (O CO O O) CO 0) (O M O M O V d' O CO O co O N- CO O (.0 N r- QO N N ch a0 V N- O O) (O V 0) co co V' 0 O) O) c0 r— O co co N O) I• N- r- N- O CO CO CO (O (0 CO CO O ER ER ER ER fA ER ER U) ER ER ER ER ER ER O O ap 0 o 0 0 0 0 0 0 0 0 0 N O CV OD I� 0000000000 O O (O QO (O (O O) O O) Ili Lri QO 6 Lri co o 0) CO N N N I- N N- O 0 CO N CO O LO Nr N O V CO V CO CO V' V O O My CO MCO OOO N 4- N 4 4 O) h. M M fR ER ER ER ER ER 69 ER ER ER ER ER ER ER 49 N NMM O CO I"- CO O)� a# 4t 4t 4k lt 4t 4* 4k t N a) a) a) 0 a) 0) N m a) a) a) N a) '0"0 vV V '0'0'0 v'0 00000000000000 m a) a) a) a) a) a) a) a) a) a) a) a) a) 0) 0) CO CO 0) CO 0) 0) 0) 0) 0) CO 0) 0) C C C C C C C C C C C C C C CO CO CO lV c (6 a) c 03 CO c CO CO CO c CO L L L L L L .0 t t L L t L L O 0000000000000 CHANGE ORDER #11 PURCHASE ORDER 5863 CONTRACTOR: S.E. Cline Construction Co. ADDRESS: 18 Utility Drive Palm Coast, Florida 32137 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 Floratam sod in lieu of Bahia sod in the City's right of ways per the attached list. A) Contract Price Prior to this Change Order 3,358,118.42 Net Increase (Decrease) Resulting from this Change Order 11,425.00 New Contract Price Including this Change Order 3,369,543.42 B) Contract Time Prior to the Change Order (Number of Days) days Net Increase (Decrease) Resulting from the Change Order (Number of Days) days New Completion Date Including this Change Order AGREED: COMPANY Authorized Signature Approvals by City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization cumulative amount exceeds 15% of contract price or $15,000 single change order (Mee ing date 3/25/09) tiger ASTIAN: HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER Date: /.04/0 xouf/ Date: 10 Project Manager A �i A, u Finance Director 1 City Attorney v' as to legal as to budget PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build Services PROJECT C4606 PHONE 386- 931 -0016 CONTRACT NAME: Collier Canal Stormwater CONTACT DATE: September 26, 2008 EST: 7 e T3eputy Cl y Clerk W Sally A. Maio, MMC, City Clerk Address Pool W/ Enclosure Pool W/O Enclosure Grass Bahia or Fioritam 767 Winbrow Fioritam 765 Winbrow X Fioritam 761 Winbrow Bahia 752 Winbrow Fioritam 755 Winbrow Fioritam 753 Winbrow Bahia 751 Winbrow X Fioritam 749 Winbrow X Fioritam 745 Winbrow Fioritam 741 Winbrow Bahia 739 Winbrow X Fioritam 733 Winbrow Fioritam 731 Winbrow Bahia 727 Winbrow Bahia 723 Winbrow X Fioritam 719 Winbrow X Fioritam 717 Winbrow Fioritam 713 Winbrow Fioritam 711 Winbrow Fioritam 709 Winbrow Bahia 707 Winbrow Bahia 705 Winbrow Fioritam 703 Winbrow Fioritam 701 Winbrow Bahia 697 Winbrow Fioritam 693 Winbrow Fioritam 689 Winbrow X Fioritam 677 Winbrow Bahia 673 Winbrow Bahia 661 Winbrow Fioritam 655 Winbrow X Fioritam 649 Winbrow X Fioritam 643 Winbrow Bahia 637 Winbrow X Fioritam 631 Winbrow Fioritam 625 Winbrow Fioritam 619 Winbrow Bahia 613 Winbrow X Fioritam 607 Winbrow Fioritam 601 Winbrow Fioritam 591 Winbrow Fioritam 585 Winbrow Fioritam 573 Winbrow Bahia 567 Winbrow Fioritam 561 Winbrow Bahia 555 Winbrow Bahia 537 Winbrow Bahia 531 Winbrow Bahia 525 Winbrow Fioritam 519 Winbrow Bahia 513 Winbrow Bahia 501 Winbrow Bahia Address 573 Barber 567 Barber 561 Barber 555 Barber 531 Barber 525 Barber 513 Barber 507 Barber 501 Barber 5491 Barber Pool W/ Enclosure X X X X X X Pool W/O Enclosure Grass Bahia or Floritam Floritam Floritam Floritam Floritam Floritam Floritam Bahia Bahia Bahia y Address Pool W/ Enclosure Pool W/O Enclosure Grass Bahia or Floritam 602 Layport Bahia 608 Layport X Floritam 614 Layport Floritam 620 Layport X Floritam 626 Layport X Floritam 632 Layport Floritam 638 Layport Floritam 644 Layport X FENCE Floritam 656 Layport Bahia 662 Layport Floritam 668 Layport X Floritam 624 Layport X Floritam 678 Layport X Floritam 686 Layport X Bahia 690 Layport X Floritam 694 Layport Floritam 698 Layport X Floritam 702 Layport Floritam 708 Layport Bahia 714 Layport Floritam 726 Layport Floritam 738 Layport Bahia 744 Layport Floritam 750 Layport Bahia 756 Layport X Floritam 762 Layport Bahia 768 Layport Bahia 518 Layport Floritam 526 Layport Floritam 530 Layport Floritam 534 Layport Bahia 558 Layport Bahia 566 Layport Bahia 574 Layport Bahia 582 Layport Floritam 590 Layport Floritam 598 Layport Bahia ea r is G) 1 0 v d t 0) O V C CL v ca c d d O 2 d' V E Tti 3 d c z O O a o V U W N O co E E u) w m rn Co 0 aaa¢aaaaaaa4a o- zzzzzzzzzzzo U Q a) c 7 0 E E E a U (73 a) a CD 2 N c N M C a E co M N c c a u) O C C O O U Ea a) a) E E c U C 0o) a) N O O O a) a) U U a) E C>1 U co n C Q T 0 0 c t t (no c u) m d Le) (n O O a m m c c y 3 L c c .O O C m O Y a in cn U E O cn m v)co a) a) a) 0 y c CU a.) a)a) a s -o 03 03 o c U m a o m a m m oo 2 1mi 5 U y fa a) N p c 2 b (n(n c L m' T T T 6) Cr) U) 6) O) 2 (0) VI O Q C m O). c c 0) u) 'Q a aaa.c.c E E m a) a) a 2 E E w a E 0 m m m C m a) LL LL m m c m m Lss•- u_u_0o2S rn U) 3 222 o 05 05 oaai0 7 7 7 m 2 0 (n 5 0 0 fa (a T E O 7 c a a) U N wQ J J U2v- a 2) m m m m O O O w E E E r C C C c a o E_o c000�a) a)a)a) o om 'rn u E 7 7 7' 0 0 C) 0 a a- -o CD 0 oa000QUUo0 o 5 E g C O O C O O C c C O O 10 c0 6) 't 00 O 4 N- n M V N c p M M (n CO eh Cl O N O CO O O Cj 6 op 00 r- r r- r- CO co (O 6 (0 ui CD O OD OD 00 (0 OD OD (0 00 OD 00 OD (0 O (n O d' N 6 6 V 6i 4 CO CO O 6) CO 6) CO M (0 M et O 00 (0 6) M V O e t- 00 O (O N N- 00 N 4 N V 00 V N- O 6) (O 4 6) co co a' O CO O OD t- (f) M M N O) r- N- r- r- CO CO CO (O (O CO CO CO In 63 V3 69- 63 63 63 V3 V3 U3 63 V3 V3 V3 V3 00000 0000000000 N O N(OF'- O O O O 0000 00 et O U') (O 6 M (O 6) CO 6) (n 00 (n (f) 00 O 6) CO N N N N. N t- O O M N (D O U3 vt N O C' 00 V CO 00 V eh 6) 1n M y CV M O (4 (O CO N O M,- N O ff v M M N N M M (n CO t` 00 6) T- T- It It 4t 4t 4t 4k 4t 4t 4t 4t a) a) a) a) N a) CD a) 0) a) a) a) CD a) aaaaaaaaaaaaaa 00000000000000 4) a) m a) a) N a) N N N a) m a) 0 C C c C co 6) C 0) c c CD) C CD c CT C C CP c O C CO c c c C c c c c M M M M M M M M M M M M M M O L L L L L L L L L L L L L U U U U U U U U U U U U U U CHANGE ORDER #10 PURCHASE ORDER 5863 CONTRACTOR: S.E. Cline Construction Co. ADDRESS: 18 Utility Drive Palm Coast, Florida 32137 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. Wimbrow Ditch 512 Survey and Design. Additional survey and design for piping Wimbrow Ditch as required by SJRWMD permit. A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) New Completion Date Including this Change Order AGREED: COMPANY PA Authoriz6d Signature Approvals by City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization cumulative amount Tess 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 eting date 3/25/09) T u 0 a.nager Project Manager Finance Director 1 City Attorney EBASTIAN: HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER Date: 7/ as to legal PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build Services PROJECT C4606 PHONE 386- 931 -0016 CONTRACT NAME: Collier Canal Stormwater CONTACT DATE: September 26, 2008 3,354,680.42 3,438.00 3,358,118.42 days days as to budget Sally A. Maio, MMC, City Clerk Debbie Krueger 9/30/2009 Page 1 of 1 From: Hap Cameron [hap @clineconstruction.net] Sent: Thursday, September 03, 2009 10:53 PM To: Debbie Krueger Cc: 'Marine Operations S.E. Cline Construction, Inc.' Subject: CHANGE ORDERS Debra, Fhe requested change order information is as follows: ITEM SEGMENT LOCATION QTY. U.O.M. COST 1 0 1 1 a LAYPORT AND FLEMING ST. BRIDGE STATION 58 +50 1 L.S. $6,426 2 3 4 LAYPORT AND FLEMING ST. BRIDGE STATION 58 +09 1 L.S. $6,879 3 2 WIMBROW AND FLEMING ST. BRIDGE STATION 56 +98 1 L.S. $6,426 4 4 7 WIMBROW AND FLEMING ST. BRIDGE STATION 56 +57 1 L.S. $6,879 5 5 b WIMBROW SOFT SOIL CONDITIONS STATIONS 10 +00 1 L.S. $27,805 19 +66 6 6 q DREDGING LOAD HAUL 959 C.Y. $10.85 DISPOSAL 7 N/A jj WENTWORTH DITCH 1 L.S. $3,438 DESIGN Thank you for your patience. Best Regards, C. M. "Hap" Cameron Jr. Wednesday, 20 May '09 (10:45 AM) Meeting with Hap Cameron of S.E.CIine RE: Collier Canal Project IA1 10 uoI L 7 1. 00 (0 WeataroFth Ditch survey and design U,// nit L (dtit, S.E. Cline provided additional survey and des for piping Wentworth Ditch. Preliminary estimate in the range of $5000 or less. S.E. Cline to provide itemized outline of additional cost incurred. 2. Extension of bulkhead on east and west sides to CR -512 (approx 200 If total) S.E. Cline asked to provide additional vertical bulkhead and tie -ins not in original scope of work (including additional rip -rap under existing drainage outfalls and some additional minor dredging). Preliminary itemized numbers to be provided by S.E.Cline. 3. Fleming St. Bridge tie -ins (4 each) S.E. Cline is providing customized tie -ins of significant nature at each of the four corners of the Fleming Street Bridge that are required on a "fit -to -suit" basis. Several attempts were needed before successfully done because of lack of as -built information for the existing bridge (built decades ago). Work is not yet complete. S.E. Cline is to provide full explanation for each corner situation and measures taken, including any costs they consider to be "extra 4. Lots 10 11 12 just south of Hardee Park Dam Control Structure site conditions. S.E. Cline encountered very loose soil conditions at these locations that called for additional soil borings, special engineering, field testing, and longer sheet pile sections. These soil conditions were not evident on original and follow -up geotechnical surveys. These very loose soil conditions may be due to fill put in that area 8 -10 years ago without adequate compaction. S.E. Cline to provide outline and details of special engineering required and related costs they consider to "extra" resulting from this situation. S.E.Cline is making every effort to minimize additional cost in this matter. 5. NPDES permit issue S.E. Cline resists the notion this permit should be required and, if so, that they should be the ones to provide it. After prolonged discussion, S.E. Cline advises (1) they want City to understand their position on this and (2) they are now willing to "forget it". 6. Turtle Protection at lots 15/16 on Wimbrow Drive. S.E.CIine subcontractor was directed by City to install 125 If of Turtle Protection barrier they claim is "not in the original contract scope of work They have since been directed by the City to remove /relocate such barrier. Estimated cost in this matter is in the range of $300. 7. Credit for inspection services S.E.CIine acknowledges credit is due back to City for engineering inspection services now provided by City instead of by contractor as called for in original contract. Estimated amount is in the range of $20,000. Exact final amount to be determined confirmed by S.E.Cline in conjunction with City Building Department. D. Fisher 20 May 09 Pg 1 of 1 CHANGE ORDER #9 PURCHASE ORDER 5863 CONTRACTOR: S.E. Cline Construction Co. ADDRESS: 18 Utility Drive Palm Coast, Florida 32137 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. Dredging Load/Haul/Disposal Length of canal by outflow pipes. 959 cubic yards $10.85 Segment 6. Will receive change order for dredging of Segment 7 2,442 cubic years $10.85 $26,295.70 Segment 7. A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) New Completion Date Including this Change Order AGREED: COMPANY for Authori Signature (Me ing date 3/25/09) Y /1, BASTIAN: i 171 ager Project Manager Finance Director` l City Attorney Date: HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER Date: an OF PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build Services PROJECT C4606 PHONE 386- 931 -0016 CONTRACT NAME: Collier Canal Stormwater CONTACT DATE: September 26, 2008 3,344,275.42 10,405.00 3,354,680.42 days days Approvals by City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization cumulative amount exceeds 15% of contract price or $15,000 single change order as to budget Sally A. Maio, MMC, City Clerk Debbie Krueger From: Hap Cameron [hap @clineconstruction.net] Sent: Thursday, September 03, 2009 10:53 PM To: Debbie Krueger Cc: 'Marine Operations S.E. Cline Construction, Inc.' Subject: CHANGE ORDERS Debra, [he requested change order information is as follows: ITEM SEGMENT LOCATION QTY. U.O.M. COST 1 u 1 1 r.{ LAYPORT AND FLEMING ST. BRIDGE STATION 58 +50 1 L.S. $6,426 2 3 z. n LAYPORT AND FLEMING ST. BRIDGE STATION 58 +09 1 L.S. $6,879 3 2 Ci WIMBROW AND FLEMING ST. BRIDGE STATION 56 +98 1 L.S. $6,426 4 4 7 WIMBROW AND FLEMING ST. BRIDGE STATION 56 +57 1 L.S. $6,879 5 5 b WIMBROW SOFT SOIL CONDITIONS STATIONS 10 +00 19 +66 1 L.S. $27,805 6 6 q DREDGING LOAD HAUL 959 C.Y. $10.85 DISPOSAL 7 N/A WENTWORTH DITCH 1 L.S. $3,438 DESIGN Thank you for your patience. Best Regards, C. M. "Hap" Cameron Jr. 9/30/2009 Page 1 of 1 Debbie Krueger From: Hap Cameron [hap @clineconstruction.net] Sent: Friday, September 25, 2009 12:25 PM To: Debbie Krueger Cc: 'Marine Operations S.E. Cline Construction, Inc.' Subject: Change order explanations Debra, 3er our conversation regarding C.O. 5 6 please see the following explanations: Page 1 of 1 S Wimbrow soft soil conditions stations 10 +00 to station 19 +66 Our proposal for Collier Canal bulkhead design vas based on soil borings furnished by CDM, which indicated that the wall design and construction could be accomplished using MR -2 Manta Ray anchors located on 12' centers. Co date we have installed more than 6000 1.f. of bulkhead with approximately 350 1.f. requiring a different anchorage arrangement due to loose soils. n some cases we had to put in more Manta Ray anchors with a closer spacing to meet the required design loading. n other locations the soils were so loose that we had to install 14' long sheetpile instead of 8' and drive 8" x 20' long H- ,ile to act as deadmen instead of Manta Rays to meet the required design loading. he area we encountered these problems was North of The Barber St. brige on the East side of the Collier Canal, while all If the other areas we have worked, performed exactly as our design predicted. ;houl4 you have any other questions feel free to call at anytime. q 6. 'Dredging Load Haul Disposal Additional 959 C.Y. The Collier Canal Project was bid per CDM's design vith the Finish grade of the cap to be 8 "above the existing cap and with swales graded behind the cap, which required an stimated 3,400 C.Y. of material. 'he soil borings indicated that the material from the canal would be suitable for this purpose with only 9% fines. )uring the design stage it was determined that this design was not desirable and would disrupt the existing drainage of the ntire neighborhood. 'he bulkhead cap was lowered to the original grade and the rear yard swales were deleted, eliminating the need for the iaterial. Ve also found that the material coming from the canal had much higher fines content and was not suitable for any other se, except disposal. or these reasons we are disposing of 100% of all the dredged material. hould you have any other questions feel free to call at anytime. est Regards, M. "Hap" Cameron Jr. /30/2009 Krueger rm: Hap Cameron [hap @clineconstruction.net] ■ent: Thursday, September 03, 2009 10:53 PM 'o: Debbie Krueger :c: 'Marine Operations S.E. Cline Construction, Inc.' subject: CHANGE ORDERS bra, requested change order information is as follows: M SEGMENT 1 LAYPORT AND FLEMING ST. BRIDGE STATION 58 +50 3 LAYPORT AND FLEMING ST. BRIDGE STATION 58 +09 2 WIMBROW AND FLEMING ST. BRIDGE STATION 56 +98 WIMBROW AND FLEMING ST. BRIDGE STATION 56 +57 4 WIMBROW SOFT SOIL CONDITIONS STATIONS 10 +00 5 19 +66 $r Ila' 5k 4G3° 0^ NU4Wa /2009 LOCATION DREDGING LOAD HAUL DISPOSAL h j D a 4 +loci,' pi N/A WENTWORTH DITCH DESIGN 4 nk yo for your patience. i a t Rega d A. S: ()Li-, r, 1 ikr be, l21 b pf r i I y 4. "Ha Cameron Jr. 11 p 0 2 o r el 2 10 fV c15p Z+ 3 pi c AwG go, 07 36 1Cs,43. -71 Z` q2_ QTY. U.O.M. COST L.S. $6,426 L.S. $6,879 L.S. $6,426 L.S. $6,879 L.S. $27,805 959 C.Y. 1 L.S. $3,438 N1, monk 81i6c-flr-tionY? Page 1 of 1 $10.85 10,1105 co 0 co U O 'm m m ec c m v 10 a a O 3 To a O a 'O m c m O o l0 t 0, m r c 'v D a c E .23 0 69 0 0 69 0 0 O 69 N N 69 O U 69 63 69 y rn N. N 69 69 0 co N co QS A 11 0 O a O 0 0) 0) O 6) U3 N A N 63 co 1 ti O O N T 0 0 N N N 49 N M N 69 3 N M co Y 0 O O 0 69 69 0 0 O tA 0 O O 0 N co N 69 0 0 0 0 6) M a to N W n CO O 0 N t0 0 n 69 0 N N N 0) n N eft to 6 0 a 0 d4 63 0) O «4 eft CO n v CD 69 N co h 0 O O N CD 6) 0 fA rn O O N 0) Total Complete and Stored to I LL'61.9'£41. 79,902.55 223,522.26 9Z'ZZS'EZZ Qty Compl Stored this Period to 1 4L'L04'9S 1 (00'0) 56,407.74 4L'L04'99 Stored Material to v vi t to o of t to i Value Work in Place this Period o 1 41.L04'99 1 (00'0) 1 4L'L0 4' 9$ 56,407.74 C 0 Z' i) a F- %00'0 %08'LL %00'OOL 1 "/S9 6L 79.85% i Previous Value 87,211.97 1 1 SS'Z06'6L I ZS'4ll'L9L 167,114.52 0.00% 1 %09'£4 I %00'OOL %0L'6S %0L'69 Scheduled Value 200,027.451 1 SS'ZO6'6L 1 00'0£6'6LZ 00'0E6'6LZ aoud a!ufl 1 S8'0L S8'OL 1 S8'OL 7.a179 7,364.29 008'SZ AO AO AO Description of Work Dredging Load Haul Disposal Stations 10 +00 to 19 +78.87 Stations 19 +78.87 to 57 +00 Stations 57 +00 to 70 +27.49 Totals 1 Change Orders Deletions suoli!ppt/l (Total after Change Orders 1. I. wall a. 0 a LL 0 r- E a 0 Schedule of Values Application Cline Job CHANGE ORDER #8 PURCHASE ORDER 5863 CONTRACTOR: S.E. Cline Construction Co. ADDRESS: 18 Utility Drive Palm Coast, Florida 32137 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. Wimbrow Soft Soil Conditions Station 10 +00. Required change from 8' 14' Vinyl Sheets. Redesign and additional materials to include I -Beams Segment 5. A) Contract Price Prior to this Change Order $3,316,470.42 Net Increase (Decrease) Resulting from this Change Order 27,805.00 New Contract Price Including this Change Order 3,344,275.42 B) Contract Time Prior to the Change Order (Number of Days) days Net Increase (Decrease) Resulting from the Change Order (Number of Days) days New Completion Date Including this Change Order AGREED: COOMPAAYY Date: Autho ed Signature Approvals by City of Sebastian in accordance with Code Sec. 2 -10 (check one): City Manager Authorization cumulative amount Tess than 15% of contract price or $15,000 single change order X City Council Authorization cumulative amount exceeds 15% of contract price or $15,000 single change order PQOVEb 101141M nager Project Manager Finance Director City Attorney HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER EBASTIAN: Date: 113-26 _,1)6q .hebti_ fit as to legal PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build Services PROJECT C4606 PHONE 386- 931 -0016 CONTRACT NAME: Collier Canal Stormwater CONTACT DATE: September 26, 2008 AT as to budget Sally A. Ma' I, MMC, City Clerk Debbie Krueger From: Hap Cameron [hap @clineconstruction.net] Sent: Friday, September 25, 2009 12:25 PM To: Debbie Krueger Cc: 'Marine Operations S.E. Cline Construction, Inc.' Subject: Change order explanations zebra, r these reasons we are disposing of 100% of all the dredged material. could you have any other questions feel free to call at anytime. st Regards, M. "Hap" Cameron Jr. 0/2009 0:0 2/ 4 'er our conversation regarding C.O. 5 6 please see the following explanations: re bulkhead cap was lowered to the original grade and the rear yard swales were deleted, eliminating the need for the iterial. Wimbrow soft soil conditions stations 10 +00 to station 19 +66 Our proposal for Collier Canal bulkhead design vas based on soil borings furnished by CDM, which indicated that the wall design and construction could be ccomplished using MR -2 Manta Ray anchors located on 12' centers. 'o date we have installed more than 6000 1.f. of bulkhead with approximately 350 1.f. requiring a different anchorage rrangement due to loose soils. Page 1 of 1 some cases we had to put in more Manta Ray anchors with a closer spacing to meet the required design loading. other locations the soils were so loose that we had to install 14' long sheetpile instead of 8' and drive 8" x 20' long H- ile to act as deadmen instead of Manta Rays to meet the required design loading. he area we encountered these problems was North of The Barber St. brige on the East side of the Collier Canal, while all f the other areas we have worked, performed exactly as our design predicted. you have any other questions feel free to call at anytime. 6. redging Load Haul Disposal Additional 959 C.Y. The Collier Canal Project was bid per CDM's design ith the Finish grade of the cap to be 8 "above the existing cap and with swales graded behind the cap, which required an timated 3,400 C.Y. of material. ie soil borings indicated that the material from the canal would be suitable for this purpose with only 9% fines. wring the design stage it was determined that this design was not desirable and would disrupt the existing drainage of the tire neighborhood. e also found that the material coming from the canal had much higher fines content and was not suitable for any other except disposal. 2. O 0) u t0 "O 0 a M C O ,p c A C d d O O d co 0 C Q 3 IL a) co 0 co 7 0 E CO Ea ci 1 cn O v cri d N C M O o d O 0 C E M CO Q t w 0 Q 4) O Q 0 M Nr C) O a) a a) Q E a) a =(n u�ih co co .G 1.0 `A t m C C fOfac 4' m c O O O Y t0 3 T a(5 a: cocnv) co co to a) a) (n q a) O. O O C 7 o-:° am c c m m v. m w T) N e 2 Q 6 co e (7) n7 L c T CO V) V) 0) O 0) to L L C 2) C 0 C a) vvv o �.0 p) •E E ai m u.)a)u�)6 E Eg)a_) as co m L .0 c C LL LL L L LL O T� U U U LL LL O V T V L L W W 3 3 p, a' 0 .0 m E 3 m m'4' TTE E 7 7 N U a)a)(6 o _1 Q �i a) co (a f0 co fa N 3 N co wEEE;C dw4...w a) N N NHJ CI C o) c C c 47. (4' c 'o -o c c c c s y E 0 o ao000ooao00 000� M O M M M O N O O 0000 co r- ��COm(0)C) O N C lt [0 f0 (0 l() fO co O 0[). -O(0 CC ai c O! 0 t �0 0 c) 0 r- (0 N N CO N: 0 0) (0 c c9 o� N. 0 ON(� O a) (O N N N0 N 0 OO M 0) )n•ct NO VCO NI' 00 'V NI" CO h f0 (O (O (O N M (4 (4 (0 40 44 44 (4 4469404 EA 49 w 0 0 0 0 0 0 0 0 0 N C9 a' G) G) EEEEEE EP P 000000000 o o)rnrnrn0000 C C C C C C C C C C C c N c 03 N CO 03 CO (0 O) CO 0 (0 0) L L L L L L L L L Z L L 000000000000 CHANGE ORDER #7 PURCHASE ORDER 5863 CONTRACTOR: S.E. Cline Construction Co. ADDRESS: 18 Utility Drive Palm Coast, Florida 32137 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. Concrete tie -in at Wimbrow and Fleming Street Bridge Station 56 +57 Segment 4 A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) New Completion Date Including this Change Order AGREED: COMPANY Auth o ri Signature SEBASTIAN: irf T; gager Date: HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build Services PROJECT C4606 PHONE 386- 931 -0016 CONTRACT NAME: Collier Canal Stormwater CONTACT DATE: September 26, 2008 3,309,591.42 6,879.00 3,316,470.42 days days Approvals by City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization cumulative amount exceeds 15% of contract price or $15,000 single change order (Meeting date 3/25/09) Date: 44)/01 Project Manager Finance Director as to budget Sally A. Mai City Attorney as to legal Debbie Krueger From: Hap Cameron [hap @clineconstruction.net] Sent: Thursday, September 03, 2009 10:53 PM To: Debbie Krueger Cc: 'Marine Operations S.E. Cline Construction, Inc.' Subject: CHANGE ORDERS Debra, Me requested change order information is as follows: ITEM SEGMENT LOCATION QTY. U.O.M. COST V t C 1 1 a LAYPORT AND FLEMING ST. BRIDGE STATION 58 +50 1 L.S. $6,426 2 3 4 LAYPORT AND FLEMING ST. BRIDGE STATION 58 +09 1 L.S. $6,879 3 2 WIMBROW AND FLEMING ST. BRIDGE STATION 56 +98 1 L.S. $6,426 4 4 7 WIMBROW AND FLEMING ST. BRIDGE STATION 56 +57 1 L.S. $6,879 5 5 L' WIMBROW SOFT SOIL CONDITIONS STATIONS 10 +00 19 +66 1 L.S. $27,805 6 6 q DREDGING LOAD HAUL 959 C.Y. $10.85 DISPOSAL 7 N/A j L' WENTWORTH DITCH 1 L.S. $3,438 DESIGN Thank you for your patience. Best Regards, C. M. "Hap" Cameron Jr. 9/30/2009 Page 1 of 1 ADMINISTRATIVE SERVICES DEPARTMENT PUBLIC WORKS OFFICE RELOCATION Per the modification in the organization concerning the Engineering and creation of the Administrative Service Department, office space relocation will be forthcoming. Human Resources will be moving into the current Finance Department. This is where the Administrative Service Department will be located, This move will open two office suits upstairs in City Hall. To fill those places, Public Works Administration will be relocated to the second floor of City Hall. This move will place all major City operations under the "same roof In short, the new offices for Jerry Converse, Linda Kinchen, Chris McCarthy, Tim Walker, and Steve DiTrapano will be in City Hall. The move will occur at the end of July, after space becomes available in Finance. GOLF COURSE CLUB HOSE AND COURSE IMPROVEMENT BOND At the June 24, 2009 Regular Meeting of the City Council, I will be presenting a plan that roughly outlines a potential refinancing of the existing debt issue in order to finance the construction of a new club house and other golf course improvements. Currently staff is researching revenue forecasts, debt covenants, operational costs, the Eagles Nest lease and other associated issues. If this course is taken revenue adjustments to handle the new debt may be required. Those change could include reducing the airport lease and slightly (5% range) increasing golf course fees for FY 2011. Also note, that the grounds maintenance agreement is out to bid. Savings on operations cost may be realized. In any case, the purpose to agendize this item is to seek Council direction so that staff can begin this long term project. GREENWAYS Last week Phil Matson of the Indian River County MPO contacted me to inform us that the County submitted a $366,200 grant for enhancement funds from the FDOT. The grant is to start construction of two greenway trails in Indian River County. One trail is a north -south trail that will run from approximately Thunderbird Drive to Wimbrow Drive, along the FPL powerline corridor adjacent to the SJRWMD Stormwater Park and Sebastian Harbor Preserve. The second trail is scheduled to be an east -west trail commencing at Roseland Road running to Fellsmere along the old railroad corridor. In order to meet the grant application deadline, I stipulated to the County that the City would help with future trail maintenance. Council has spoken about this project on a few occasions. Mr. Matson informed me that the grant award should come November 2009 and construction could start sometime next year. ISBA The working group met again on Wednesday June 3 For the most part the Sebastian- County issues relating to our reserve area are complete. While I do not believe everyone (i.e. land owners, City and County) is happy, some common ground was found. Prior to bringing the document before the elected officials we are awaiting DCA's comments on Fellsmere's annexation land use requests. However, Bob Keating recently announced to the work group, that the County will now be asking for County exemption areas that increase density and height in certain identified unincorporated areas. The work group will review a more formal proposal on this concept in July. COLLIER CREEK CONSTRUCTION Collier Creek construction continues to move along nicely. In fact, with the recent rain the dredging operations have begun to move faster and easier. Two minor issues have developed which may require change orders. The first issue concerns attachment of the seawall to the Fleming Street Bridge. Per S.E. Cline specifications, they were unable to use wall joints as tieback because of an unknown bridge pier blocking the area where tiebacks would drive. Instead, the firm was required to build a more complicated concrete wall tie -in. The cost of the change is estimated at approximately $20,000. A second change order may be required for areas where soils are much looser than anticipated. In this situation, located near the canal headwall (Wimbrow /Main Street area), the tiebacks are not setting. S.E. Cline has designed a solution whereby (1) the wall sheets are Lengthened; and, (2) steel I -beam anchors are set for tie -back attachment. The solution is sound. At this point we are unsure exactly where this system will be installed. More on this issue as Cline provides the data to the City. In any case, these change orders should "not break the budget but i did want Council aware of the situation. The dock and resident irrigation question still needs to be addressed. Moving into the summer will provide ample time for staff to research and budget issues to unfold, helping formulate a recommendation on these questions. All things considered, at this time, the project progresses nicely. SCHUMANN TENNIS AND BASKETBALL COURTS Since council approved this contract, staff is anticipating delivery of the notice to proceed next week, after Sunshine Land Design provides the project's performance bond. The project is targeted for completion prior to the winter season. 512 FLAGPOLE PROJECT Public Works is in receipt of the construction permit from Indian River County. Construction on this project is scheduled to begin after completion of the Dog Park. Anticipated time for construction commencement is July, with approximately 30 days for construction. DOG PARK With the budget amendment, Public Works has ordered materials. Target date for completion is mid -late June. Following construction, my office is planning an opening ceremony. 512 PROJECT Schulke, Bittle and Stoddard is still working with Indian River County to permit the 512 median improvements at Roseland, Barber and Fleming Streets. The delay is associated with SJRWMD reviewing the affect of plantings in the median retention areas. INDIAN RIVER DRIVE/MAIN STREET This project is nearly complete and still on schedule. Main Street and Indian River Drive were opened on Thursday. To complete the project, the boat parking lot needs to be lined. In addition the park, sidewalk, restroom and other improvements still need to be complete. A substantial completion target date is set for July 4 Final road striping should be complete in 30 days. The project should be complete by its deadline July 15 Jean Tarbell is now in the process of scheduling a ribbon cutting ceremony for this project. As always if you have any questions about these or any other issues, please contact me at your earliest convenience. TO: Members of the Sebas -i f ity Council FROM: Al Minner, City Mana:eri RE: CURRENT TOPIC UP DATE: Friday, June 5, 20 i CHIEF OF POLICE APPOINTMENT CAPITAL IMPROVEMENT PROJECTS BUDGET FY 2010 BUDGET TAX RATE TYPE MILLAGE AMOUNT EST. REVENUE Current $3.3456 $3,496,000 Rollback $4.0323 $4,213,000 Majority Vote $4.1328 $4,318,000 8 Council is up to date regarding Chief James Davis' announcement of retirement. Chief Davis' last day will be Wednesday, June 24, 2009. On Wednesday, June 3, 2009, I offered the Chief position to Deputy Chief Michelle Morris. She accepted the offer. A press release on this item was written and submitted to Council, as well as the local media. Jean Tarbell is working with the Police Department to formally recognize Chief Davis' service at a small gathering at the Police Department for Thursday, June 25' I also think it appropriate to formally recognize Chief Davis' service and swear in Michelle Morris at the Wednesday, June 24 Regular Council Meeting, The Office of the City Manager and the Finance Department will be working to complete a draft of the FY 2010 Capital Project Budget. This draft will be ready by Friday, June 12 It will be submitted to the members of the Planning and Zoning Commission for a review and recommendation to Council. P/Z will review the draft on Thursday, June 18`". This is also the same night the budget Advisory Board has requested a budget meeting. The Budget Advisory Board will meet in the 2" Floor Conference Room starting at 6:00 PM. P/Z starts at 7:00 PM in Council Chambers. Ken Kiligore, Debbie Krueger and I will be, or adjusting our schedules, to attend those meetings. Earlier this week the appraiser's office reported FY 2010 assessment values. The total taxable value of the City of Sebastian is $1.1 billion compared to $1.3 billion last year. This is a drop of 16 With the change coming in personnel from the Police Department (Chief position) and the other anticipated cuts, the budget remains about $375,000 unbalanced with the current millage rate of 83.3456. Please note these figures do note include freezing the CRA and renegotiating the third year of the PBA contract. Also note, that the budget assumes a freeze for all other City employees without have collectively agreed to a reduction. Below is a chart comparing the FY 2010 current, rollback and majority vote millage rates. All effort is being made to balance the budget using the current rate. Using this rate would be an achievement as it would be a significant tax reduction, in addition to the assessment decrease. However, if the current rate is adopted, it appears that future tax increases may inevitably be required to stave off over use of reserve funds. Staff will continue to compile the FY 2010 budget and report accordingly. REV DIFFERENCE $0 $717000 $105,000 CHANGE ORDER #6 PURCHASE ORDER 5863 CONTRACTOR: S.E. Cline Construction Co. ADDRESS: 18 Utility Drive Palm Coast, Florida 32137 HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build Services PROJECT C4606 PHONE 386- 931 -0016 CONTRACT NAME: Collier Canal Stormwater CONTACT DATE: September 26, 2008 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. Concrete tie -in at Wimbrow and Fleming Street Bridge Station 56 +98 Segment 3 A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) New Completion Date Including this Change Order AGREED: COMPANY City Attorney IT"" "'nager EBASTIAN: Project Manager Finance Director 1 Date: 1130101 as to legal 3,303,165.42 6,426.00 3,309,591.42 days days Approvals by City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization cumulative amount exceeds 15% of contract price or $15,000 single change order (M ting date 3/25/09) as to budget Sally A. Maio, MMC, City Clerk Debbie Krueger From: Hap Cameron [hap @clineconstruction.net] Sent: Thursday, September 03, 2009 10:53 PM To: Debbie Krueger Cc: 'Marine Operations S.E. Cline Construction, Inc.' Subject: CHANGE ORDERS Debra, [he requested change order information is as follows: ITEM SEGMENT LOCATION QTY. U.O.M. COST Rr 1 1 LAYPORT AND FLEMING ST. BRIDGE STATION 58 +50 1 L.S. $6,426 2 3 LAYPORT AND FLEMING ST. BRIDGE STATION 58 +09 1 L.S. $6,879 3 2 4 WIMBROW AND FLEMING ST. BRIDGE STATION 56 +98 1 L.S. $6,426 4 4 '7 WIMBROW AND FLEMING ST. BRIDGE STATION 56 +57 1 L.S. $6,879 5 5 e WIMBROW SOFT SOIL CONDITIONS STATIONS 10 +00 19 +66 1 L.S. $27,805 6 6 q DREDGING LOAD HAUL 959 C.Y. $10.85 DISPOSAL 7 N/A J WENTWORTH DITCH 1 L.S. $3,438 DESIGN Thank you for your patience. Best Regards, C. M. "Hap" Cameron Jr. 9/30/2009 Page 1 of 1 ADMINISTRATIVE SERVICES DEPARTMENT PUBLIC WORKS OFFICE RELOCATION Per the modification in the organization concerning the Engineering and creation of the Administrative Service Department, office space relocation will be forthcoming. Human Resources will be moving into the current Finance Department. This is where the Administrative Service Department will be located. This move will open two office suits upstairs in City Hall. To fill those places, Public Works Administration will be relocated to the second floor of City Hall. This move will place all major City operations under the "same roof. In short, the new offices for Jerry Converse, Linda Kinchen, Chris McCarthy, Tim Walker, and Steve DiTrapano will be in City Hall. The move will occur at the end of July, after space becomes available in Finance. GOLF COURSE CLUB HOSE AND COURSE IMPROVEMENT BOND At the June 24, 2009 Regular Meeting of the City Council, I will be presenting a plan that roughly outlines a potential refinancing of the existing debt issue in order to finance the construction of a new club house and other golf course improvements. Currently staff is researching revenue forecasts, debt covenants, operational costs, the Eagles Nest lease and other associated issues. If this course is taken revenue adjustments to handle the new debt may be required. Those change could include reducing the airport lease and slightly (5% range) increasing golf course fees for FY 2011. Also note, that the grounds maintenance agreement is out to bid. Savings on operations cost may be realized. In any case, the purpose to agendize this item is to seek Council direction so that staff can begin this long term project. GREENWAYS Last week Phil Matson of the Indian River County MPO contacted me to inform us that the County submitted a $366,200 grant for enhancement funds from the FDOT. The grant is to start construction of two greenway trails in Indian River County. One trail is a north -south trail that will run from approximately Thunderbird Drive to Wimbrow Drive, along the FPL powerline corridor adjacent to the SJRWMD Stormwater Park and Sebastian Harbor Preserve. The second trail is scheduled to be an east -west trail commencing at Roseland Road running to Fellsmere along the old railroad corridor. In order to meet the grant application deadline, I stipulated to the County that the City would help with future trail maintenance. Council has spoken about this project on a few occasions. Mr. Matson informed me that the grant award should come November 2009 and construction could start sometime next year. !SBA The working group met again on Wednesday June 3 For the most part the Sebastian County issues relating to our reserve area are complete. While I do not believe everyone (Le. land owners, City and County) is happy, some common ground was found. Prior to bringing the document before the elected officials we are awaiting DCA's comments on Fellsmere's annexation land use requests. However, Bob Keating recently announced to the work group, that the County will now be asking for County exemption areas that increase density and height in certain identified unincorporated areas. The work group will review a more formal proposal on this concept in July. COLLIER CREEK CONSTRUCTION Collier Creek construction continues to move along nicely. In fact, with the recent rain the dredging operations have begun to move faster and easier. Two minor issues have developed which may require change orders. The first issue concerns attachment of the seawall to the Fleming Street Bridge. Per S.E. Cline specifications, they were unable to use wall joints as tieback because of an unknown bridge pier blocking the area where tiebacks would drive. Instead, the firm was required to build a more complicated concrete wall tie -in. The cost of the change is estimated at approximately $20,000. A second change order may be required for areas where soils are much looser than anticipated. In this situation, located near the canal headwall (Wimbrow /Main Street area), the tiebacks are not setting. S.E. Cline has designed a solution whereby (1) the wall sheets are lengthened; and, (2) steel I -beam anchors are set for tie -back attachment. The solution is sound. At this point we are unsure exactly where this system will be installed. More on this issue as Cline provides the data to the City. In any case, these change orders should "not break the budget but I did want Council aware of the situation. The dock and resident irrigation question still needs to be addressed. Moving into the summer will provide ample time for staff to research and budget issues to unfold, helping formulate a recommendation on these questions. All things considered, at this time, the project progresses nicely. SCHUMANN TENNIS AND BASKETBALL COURTS Since council approved this contract, staff is anticipating delivery of the notice to proceed next week, after Sunshine Land Design provides the projects performance bond. The project is targeted for completion prior to the winter season. 512 FLAGPOLE PROJECT Public Works is in receipt of the construction permit from Indian River County. Construction on this project is scheduled to begin after completion of the Dog Park. Anticipated time for construction commencement is July, with approximately 30 days for construction. DOG PARK With the budget amendment, Public Works has ordered materials. Target date for completion is mid -late June. Following construction, my office is planning an opening ceremony. 512 PROJECT Schulke, Bittle and Stoddard is still working with Indian River County to permit the 512 median improvements at Roseland, Barber and Fleming Streets. The delay is associated with SJRWMD reviewing the affect of plantings in the median retention areas. INDIAN RIVER DRIVE/MAIN STREET This project is nearly complete and still on schedule. Main Street and Indian River Drive were opened on Thursday. To complete the project, the boat parking lot needs to be lined. In addition the park, sidewalk, restroom and other improvements stilt need to be complete. A substantial completion target date is set for July 4`". Final road striping should be complete in 30 days. The project should be complete by its deadline July 15 Jean Tarbell is now in the process of scheduling a ribbon cutting ceremony for this project. As always if you have any questions about these or any other issues, please contact me at your earliest convenience. TO: Members of the Sebas FROM: Al Minner, City Maria RE: CURRENT TOPIC DATE: Friday, June 5, 20 CHIEF OF POLICE APPOINTMENT Council is up to date regarding Chief James Davis' announcement of retirement. Chief Davis' last day will be Wednesday, June 24, 2009. On Wednesday, June 3, 2009, I offered the Chief position to Deputy Chief Michelle Morris. She accepted the offer. A press release on this item was written and submitted to Council, as well as the local media. Jean Tarbell is working with the Police Department to formally recognize Chief Davis' service at a small gathering at the Police Department for Thursday, June 25 I also think it appropriate to formally recognize Chief Davis' service and swear in Michelle Morris at the Wednesday, June 24' Regular Council Meeting. CAPITAL IMPROVEMENT PROJECTS BUDGET FY 2010 BUDGET ity Council The Office of the City Manager and the Finance Department will be working to complete a draft of the FY 2010 Capital Project Budget. This draft will be ready by Friday, June 12 It will be submitted to the members of the Planning and Zoning Commission for a review and recommendation to Council. P/Z will review the draft on Thursday, June 18 This is also the same night the budget Advisory Board has requested a budget meeting. The Budget Advisory Board will meet in the 2nd Floor Conference Room starting at 6:00 PM. P/Z starts at 7:00 PM in Council Chambers. Ken Killgore, Debbie Krueger and I will be, or adjusting our schedules, to attend those meetings. Earlier this week the appraiser's office reported FY 2010 assessment values. The total taxable value of the City of Sebastian is $1.1 billion compared to $1.3 billion last year. This is a drop of 16 With the change coming in personnel from the Police Department (Chief position) and the other anticipated cuts, the budget remains about $375,000 unbalanced with the current millage rate of $3.3456. Please note these figures do note include freezing the CRA and renegotiating the third year of the PBA contract. Also note, that the budget assumes a freeze for all other City employees without have collectively agreed to a reduction. Below is a chart comparing the FY 2010 current, rollback and majority vote millage rates. All effort is being made to balance the budget using the current rate. Using this rate would be an achievement as it would be a significant tax reduction, in addition to the assessment decrease. However, if the current rate is adopted, it appears that future tax increases may inevitably be required to stave off over use of reserve funds. Staff will continue to compile the FY 2010 budget and report accordingly. TAX RATE TYPE MILLAGE AMOUNT EST. REVENUE REV DIFFERENCE Current $3.3456 $3,496,000 $0 Rollback $4.0323 $4,213,000 $717000 Majority Vote $4.1328 $4,318,000 $105,000 CHANGE ORDER #5 PURCHASE ORDER 5863 CONTRACTOR: S.E. Cline Construction Co. ADDRESS: 18 Utility Drive Palm Coast, Florida 32137 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. Concrete tie -in at Layport and Fleming Street Bridge Station at 58 +09 Segment 2 A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) New Completion Date Including this Change Order AGREED: COMPANY Author d Signature Project Manager Finance Director City Attorney &bit HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER Date: Approvals by City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization cumulative amount exceeds 15% of contract price or $15,000 single change order eting date 3/25/09) SEBASTIAN: Date: 1/3°/ as to budget Sally A. Maio, MMC, City Clerk as to legal PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build Services PROJECT C4606 PHONE 386- 931 -0016 CONTRACT NAME: Collier Canal Stormwater CONTACT DATE: September 26, 2008 3,296,286.42 6,879.00 3,303,165.42 days days Debbie Krueger From: Hap Cameron [hap @clineconstruction.net] Sent: Thursday, September 03, 2009 10:53 PM To: Debbie Krueger Cc: 'Marine Operations S.E. Cline Construction, Inc.' Subject: CHANGE ORDERS Debra, The requested change order information is as follows: ITEM SEGMENT I* 1 1 2 3 3- 3 2 4 4 '7 5 5 6 6 7 N/A J(} Thank you for your patience. Best Regards, C. M. "Hap" Cameron Jr. 9/30/2009 LOCATION LAYPORT AND FLEMING ST. BRIDGE STATION 58 +50 LAYPORT AND FLEMING ST. BRIDGE STATION 58 +09 WIMBROW AND FLEMING ST. BRIDGE STATION 56 +98 WIMBROW AND FLEMING ST. BRIDGE STATION 56 +57 WIMBROW SOFT SOIL CONDITIONS STATIONS 10 +00 19 +66 DREDGING LOAD 1 HAUL DISPOSAL WENTWORTH DITCH DESIGN QTY. U.O.M. COST 1 L.S. $6,426 1 L.S. $6,879 1 L.S. $6,426 1 L.S. $6,879 1 L.S. $27,805 959 C.Y. $10.85 1 L.S. $3,438 Page 1 of 1 ADMINISTRATIVE SERVICES DEPARTMENT PUBLIC WORKS OFFICE RELOCATION Per the modification in the organization concerning the Engineering and creation of the Administrative Service Department, office space relocation will be forthcoming. Human Resources will be moving into the current Finance Department. This is where the Administrative Service Department will be located. This move will open two office suits upstairs in City Hall. To fill those places, Public Works Administration will be relocated to the second floor of City Hall. This move will place all major City operations under the "same roof. In short, the new offices for Jerry Converse, Linda Kinchen, Chris McCarthy, Tim Walker, and Steve DiTrapano will be in City Hall. The move will occur at the end of July, after space becomes available in Finance. GOLF COURSE CLUB HOSE AND COURSE IMPROVEMENT BOND At the June 24, 2009 Regular Meeting of the City Council, I will be presenting a plan that roughly outlines a potential refinancing of the existing debt issue in order to finance the construction of a new club house and other golf course improvements. Currently staff is researching revenue forecasts, debt covenants, operational costs, the Eagles Nest lease and other associated issues. If this course is taken revenue adjustments to handle the new debt may be required. Those change could include reducing the airport lease and slightly (5% range) increasing golf course fees for FY 2011. Also note, that the grounds maintenance agreement is out to bid. Savings on operations cost may be realized. In any case, the purpose to agendize this item is to seek Council direction so that staff can begin this long term project. GREENWAYS Last week Phil Matson of the Indian River County MPO contacted me to inform us that the County submitted a $366,200 grant for enhancement funds from the FDOT. The grant is to start construction of two greenway trails in Indian River County. One trail is a north -south trail that will run from approximately Thunderbird Drive to Wimbrow Drive, along the FPL powerline corridor adjacent to the SJRWMD Stormwater Park and Sebastian Harbor Preserve. The second trail is scheduled to be an east -west trail commencing at Roseland Road running to Fellsmere along the old railroad corridor. In order to meet the grant application deadline, I stipulated to the County that the City would help with future trail maintenance. Council has spoken about this project an a few occasions. Mr. Matson informed me that the grant award should come November 2009 and construction could start sometime next year. !SBA The working group met again on Wednesday June 3 For the most part the Sebastian County issues relating to our reserve area are complete. While I do not believe everyone (i.e. land owners, City and County) is happy, some common ground was found. Prior to bringing the document before the elected officials we are awaiting DCA's comments on Felismere's annexation land use requests. However, Bob Keating recently announced to the work group, that the County will now be asking for County exemption areas that increase density and height in certain identified unincorporated areas. The work group will review a more formal proposal on this concept in July. COLLIER CREEK CONSTRUCTION Collier Creek construction continues to move along nicely. In fact, with the recent rain the dredging operations have begun to move faster and easier. Two minor issues have developed which may require change orders. The first issue concerns attachment of the seawall to the Fleming Street Bridge. Per S.E. Cline specifications, they were unable to use wall joints as tieback because of an unknown bridge pier blocking the area where tiebacks would drive. Instead, the firm was required to build a more complicated concrete wall tie -in. The cost of the change is estimated at approximately $20,000. A second change order may be required for areas where soils are much looser than anticipated. In this situation, located near the canal headwall (Wimbrow /Main Street area), the tiebacks are not setting. S.E. Cline has designed a solution whereby (1) the wall sheets are lengthened; and, (2) steel I -beam anchors are set for tie -back attachment. The solution is sound. At this point we are unsure exactly where this system will be installed. More on this issue as Cline provides the data to the City. In any case, these change orders should not break the budget but f did want Council aware of the situation. The dock and resident irrigation question still needs to be addressed. Moving into the summer will provide ample time for staff to research and budget issues to unfold, helping formulate a recommendation on these questions. All things considered, at this time, the project progresses nicely. SCHUMANN TENNIS AND BASKETBALL COURTS Since council approved this contract, staff is anticipating delivery of the notice to proceed next week, after Sunshine Land Design provides the project's performance bond. The project is targeted for completion prior to the winter season. 512 FLAGPOLE PROJECT Public Works is in receipt of the construction permit from Indian River County. Construction on this project is scheduled to begin after completion of the Dog Park. Anticipated time for construction commencement is July, with approximately 30 days for construction. DOG PARK With the budget amendment, Public Works has ordered materials. Target date for completion is mid -late June. Following construction, my office is planning an opening ceremony. 512 PROJECT Schulke, Bittle and Stoddard is still working with Indian River County to permit the 512 median improvements at Roseland, Barber and Fleming Streets. The delay is associated with SJRWMD reviewing the affect of plantings in the median retention areas. INDIAN RIVER DRIVEIMAIN STREET This project is nearly complete and still on schedule. Main Street and Indian River Drive were opened on Thursday. To complete the project, the boat parking lot needs to be lined. In addition the park, sidewalk, restroom and other improvements still need to be complete. A substantial completion target date is set for July 4 Final road striping should be complete in 30 days. The project should be complete by its deadline July 15'" Jean Tarbell is now in the process of scheduling a ribbon cutting ceremony for this project. As always if you have any questions about these or any other issues, please contact me at your earliest convenience. TO: Members of the Sebes ity Council FROM: Al Minner, City Mane RE: CURRENT TOPIC DATE: Friday, June 5, 20 CHIEF OF POLICE APPOINTMENT I -t;? I t 0 Council is up to date regarding Chief James Davis' announcement of retirement. Chief Davis' last day will be Wednesday, June 24, 2009. On Wednesday, June 3, 2009, I offered the Chief position to Deputy Chief Michelle Morris. She accepted the offer. A press release on this item was written and submitted to Council, as well as the local media. Jean Tarbell is working with the Police Department to formally recognize Chief Davis' service at a small gathering at the Police Department for Thursday, June 25 I also think it appropriate to formally recognize Chief Davis' service and swear in Michelle Morris at the Wednesday, June 24 Regular Council Meeting. CAPITAL IMPROVEMENT PROJECTS BUDGET The Office of the City Manager and the Finance Department will be working to complete a draft of the FY 2010 Capital Project Budget. This draft will be ready by Friday, June 12` It will be submitted to the members of the Planning and Zoning Commission for a review and recommendation to Council. P/Z will review the draft on Thursday, June 18 This is also the same night the budget Advisory Board has requested a budget meeting. The Budget Advisory Board will meet in the 2" Floor Conference Room starting at 6:00 PM. P/Z starts at 7:00 PM in Council Chambers. Ken Killgore, Debbie Krueger and I will be, or adjusting our schedules, to attend those meetings. FY 2010 BUDGET Earlier this week the appraiser's office reported FY 2010 assessment values. The total taxable value of the City of Sebastian is $1.1 billion compared to $1.3 billion last year. This is a drop of 16 With the change coming in personnel from the Police Department (Chief position) and the other anticipated cuts, the budget remains about $375,000 unbalanced with the current millage rate of $3.3456. Please note these figures do note include freezing the CRA and renegotiating the third year of the PBA contract. Also note, that the budget assumes a freeze for all other City employees without have collectively agreed to a reduction. Below is a chart comparing the FY 2010 current, rollback and majority vote millage rates. All effort is being made to balance the budget using the current rate. Using this rate would be an achievement as it would be a significant tax reduction, in addition to the assessment decrease. However, if the current rate is adopted, it appears that future tax increases may inevitably be required to stave off over use of reserve funds. Staff will continue to compile the FY 2010 budget and report accordingly. TAX RATE TYPE MILLAGE AMOUNT EST. REVENUE Current $3.3456 $3,496,000 Rollback $4.0323 $4,213,000 Majority Vote $4.1328 $4,318,000 REV DIFFERENCE $o $717000 $105,000 CHANGE ORDER #4 PURCHASE ORDER 5863 CONTRACTOR: S.E. Cline Construction Co. ADDRESS: 18 Utility Drive Palm Coast, Florida 32137 aiv OF HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build Services PROJECT C4606 PHONE 386 -931 -0016 CONTRACT NAME: Collier Canal Stormwater CONTACT DATE: September 26, 2008 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: Author 1. Concrete tie -in at Layport and Fleming Street Bridge Station at 58 +50 Segment 1. A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) New Completion Date Including this Change Order AGREED: COMPANY Signature f "Wi'nager Project Manager Finance Director City Attorney Date: Date: 9/4 3,289,860.42 6,426.00 3,296,286.42 days days Approvals by City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization cumulative amount exceeds 15% of contract price or $15,000 single change order eting date 3/25/09) s to budget Sally A. Maio, MMC, City Clerk Debbie Krueger From: Hap Cameron [hap @clineconstruction.net] Sent: Thursday, September 03, 2009 10:53 PM To: Debbie Krueger Cc: 'Marine Operations S.E. Cline Construction, Inc.' Subject: CHANGE ORDERS Debra, [he requested change order information is as follows: ITEM SEGMENT LOCATION QTY. U.O.M. COST 1 1 a LAYPORT AND FLEMING ST. BRIDGE STATION 58 +50 1 L.S. $6,426 2 3 5/- LAYPORT AND FLEMING ST. BRIDGE STATION 58 +09 1 L.S. $6,879 3 2 WIMBROW AND FLEMING ST. BRIDGE STATION 56 +98 1 L.S. $6,426 4 4 ,7 WIMBROW AND FLEMING ST. BRIDGE STATION 56 +57 1 L.S. $6,879 5 5 WIMBROW SOFT SOIL CONDITIONS STATIONS 10 +00 19 +66 1 L.S. $27,805 6 6 q DREDGING LOAD HAUL DISPOSAL 959 C.Y. $10.85 7 N/A /l WENTWORTH DITCH 1 L.S. $3,438 DESIGN Thank you for your patience. Best Regards, C. M. "Hap" Cameron Jr. 9/30/2009 Page 1 of 1 ADMINISTRATIVE SERVICES DEPARTMENT PUBLIC WORKS OFFICE RELOCATION Per the modification in the organization concerning the Engineering and creation of the Administrative Service Department, office space relocation will be forthcoming. Human Resources will be moving into the current Finance Department. This is where the Administrative Service Department will be located. This move will open two office suits upstairs in City Hall. To fill those places, Public Works Administration will be relocated to the second floor of City Hall. This move will place all major City operations under the "same roof In short, the new offices for Jerry Converse, Linda Kinchen, Chris McCarthy, Tim Walker, and Steve DiTrapano will be in City Hall. The move will occur at the end of July, after space becomes available in Finance. GOLF COURSE CLUB HOSE AND COURSE IMPROVEMENT BOND At the June 24, 2009 Regular Meeting of the City Council, I will be presenting a plan that roughly outlines a potential refinancing of the existing debt issue in order to finance the construction of a new club house and other golf course improvements. Currently staff is researching revenue forecasts, debt covenants, operational costs, the Eagles Nest lease and other associated issues. If this course is taken revenue adjustments to handle the new debt may be required. Those change could include reducing the airport lease and slightly (5% range) increasing golf course fees for FY 2011. Also note, that the grounds maintenance agreement is out to bid. Savings on operations cost may be realized. In any case, the purpose to agendize this item is to seek Council direction so that staff can begin this long term project. GREENWAYS Last week Phil Matson of the Indian River County MPO contacted me to inform us that the County submitted a $366,200 grant for enhancement funds from the FDOT. The grant is to start construction of two greenway trails in Indian River County. One trail is a north -south trail that will run from approximately Thunderbird Drive to Wimbrow Drive, along the FPL powerline corridor adjacent to the SJRWMD Stormwater Park and Sebastian Harbor Preserve. The second trail is scheduled to be an east -west trail commencing at Roseland Road running to Fellsmere along the old railroad corridor. In order to meet the grant application deadline, I stipulated to the County that the City would help with future trail maintenance. Council has spoken about this project on a few occasions. Mr. Matson informed me that the grant award should come November 2009 and construction could start sometime next year. ISBA The working group met again on Wednesday June 3 For the most part the Sebastian- County issues relating to our reserve area are complete. While I do not believe everyone (i.e. land owners, City and County) is happy, some common ground was found. Prior to bringing the document before the elected officials we are awaiting DCA's comments on Fellsmere's annexation land use requests. However, Bob Keating recently announced to the work group, that the County will now be asking for County exemption areas that increase density and height in certain identified unincorporated areas. The work group will review a more formal proposal on this concept in July. COLLIER CREEK CONSTRUCTION Collier Creek construction continues to move along nicely. In fact, with the recent rain the dredging operations have begun to move faster and easier. Two minor issues have developed which may require change orders. The first issue concerns attachment of the seawall to the Fleming Street Bridge. Per S.E. Cline specifications, they were unable to use wall joints as tieback because of an unknown bridge pier blocking the area where tiebacks would drive. Instead, the firm was required to build a more complicated concrete wall tie -in. The cost of the change is estimated at approximately $20,000. A second change order may be required for areas where soils are much looser than anticipated. In this situation, located near the canal headwall (Wimbrow /Main Street area), the tiebacks are not setting. S.E. Cline has designed a solution whereby (1) the wall sheets are lengthened; and, (2) steel I -beam anchors are set for tie -back attachment. The solution is sound. At this point we are unsure exactly where this system will be installed. More on this issue as Cline provides the data to the City. In any case, these change orders should "not break the budget but 1 did want Council aware of the situation. The dock and resident irrigation question still needs to be addressed. Moving into the summer will provide ample time for staff to research and budget issues to unfold, helping formulate a recommendation on these questions. All things considered, at this time, the project progresses nicely. SCHUMANN TENNIS AND BASKETBALL COURTS Since council approved this contract, staff is anticipating delivery of the notice to proceed next week, after Sunshine Land Design provides the projects performance bond. The project is targeted for completion prior to the winter season. 512 FLAGPOLE PROJECT Public Works is in receipt of the construction permit from Indian River County. Construction on this project is scheduled to begin after completion of the Dog Park. Anticipated time for construction commencement is July, with approximately 30 days for construction. DOG PARK With the budget amendment, Public Works has ordered materials. Target date for completion is mid -late June. Following construction, my office is planning an opening ceremony. 512 PROJECT Schulke, Bittle and Stoddard is still working with Indian River County to permit the 512 median improvements at Roseland, Barber and Fleming Streets. The delay is associated with SJRWMD reviewing the affect of plantings in the median retention areas. INDIAN RIVER DRIVE/MAIN STREET This project is nearly complete and still on schedule. Main Street and Indian River Drive were opened on Thursday. To complete the project, the boat parking lot needs to be Tined. In addition the park, sidewalk, restroom and other improvements still need to be complete. A substantial completion target date is set for July 4 Final road striping should be complete in 30 days. The project should be complete by its deadline July 1 Jean Tarbell is now in the process of scheduling a ribbon cutting ceremony for this project. As always if you have any questions about these or any other issues, please contact me at your earliest convenience. TO: Members of the Sebas FROM: Al Minner, City Mana RE: CURRENT TOPIC DATE: Friday, June 5, 20 CHIEF OF POLICE APPOINTMENT FY 2010 BUDGET CAPITAL IMPROVEMENT PROJECTS BUDGET ity Council 1 4 1 5 6'i d Council is up to date regarding Chief James Davis' announcement of retirement. Chief Davis' last day will be Wednesday, June 24, 2009. On Wednesday, June 3, 2009, 1 offered the Chief position to Deputy Chief Michelle Morris. She accepted the offer. A press release on this item was written and submitted to Council, as well as the local media. Jean Tarbell is working with the Police Department to formally recognize Chief Davis' service at a small gathering at the Police Department for Thursday, June 25t I also think it appropriate to formally recognize Chief Davis' service and swear in Michelle Morris at the Wednesday, June 24 Regular Council Meeting. The Office of the City Manager and the Finance Department will be working to complete a draft of the FY 2010 Capital Project Budget. This draft will be ready by Friday, June 12 It will be submitted to the members of the Planning and Zoning Commission for a review and recommendation to Council. P/Z will review the draft on Thursday, June 18 This is also the same night the budget Advisory Board has requested a budget meeting. The Budget Advisory Board will meet in the 2 Floor Conference Room starting at 6:00 PM. P/Z starts at 7:00 PM in Council Chambers. Ken Killgore, Debbie Krueger and I will be, or adjusting our schedules, to attend those meetings. Earlier this week the appraiser's office reported FY 2010 assessment values. The total taxable value of the City of Sebastian is $1.1 billion compared to $1.3 billion last year. This is a drop of 16 With the change coming in personnel from the Police Department (Chief position) and the other anticipated cuts, the budget remains about $375,000 unbalanced with the current millage rate of $3.3456. Please note these figures do note include freezing the CRA and renegotiating the third year of the PBA contract. Also note, that the budget assumes a freeze for all other City employees without have collectively agreed to a reduction. Below is a chart comparing the FY 2010 current, rollback and majority vote millage rates. All effort is being made to balance the budget using the current rate. Using this rate would be an achievement as it would be a significant tax reduction, in addition to the assessment decrease. However, if the current rate is adopted, it appears that future tax increases may inevitably be required to stave off over use of reserve funds. Staff will continue to compile the FY 2010 budget and report accordingly. TAX RATE TYPE MILLAGE AMOUNT EST. REVENUE REV DIFFERENCE Current $3.3456 $3,496,000 $0 Rollback 84.0323 $4,213,000 $717000 Majority Vote $4.1328 $4,318,000 $105,000 CHANGE ORDER #3A PURCHASE ORDER 5863 CONTRACTOR: S.E. Cline Construction Co. PHONE 386- 931 -0016 ADDRESS: 18 Utility Drive Palm Coast, Florida 32137 AGREED: COMPANY HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER 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 vertical bulkhead along Collier Canal, including related pipe outfall work in the amount of 49,970.00 as approved by City Council on March 25, 2009. 2. Finish grading and sod for additional area notated on #1 in the amount of $3,006. 3. The City's Building Department is providing quality control and compliance inspections in lieu of S.E. Cline providing independent inspection services which were originally part of the contract. Credit for City's estimated cost ($15,050). A) Contract Price Prior to this Change Order 3,251,934.32 Net Increase (Decrease) Resulting from this Change Order 37,926.00 New Contract Price Including this Change Order 3,289,860.32 B) Contract Time Prior to the Change Order (Number of Days) days Net Increase (Decrease) Resulting from the Change Order (Number of Days) days New Completion Date Including this Change Order Authorized Signature Date: PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build Services PROJECT C4606 CONTRACT NAME: Collier Canal Stormwater CONTACT DATE: September 26, 2008 Approvals by City of Sebastian in accordance with Code Sec. 2 -10 (check one): ,City Manager Authorization cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization cumulative amount exceeds 15% of contract price or $15,000 single change order (Meet' date 3/25/09) C i Y OF s ASTIAN: i AT T: t Project Manager budget Sally A. M o, MMC, City Clerk City Attorney as to legal CHANGE ORDER #3A. PURCHASE ORDER 5863 CONTRACTOR: S.T. Cline Construction Co. ADDRESS: 18 Utility Drive Palen Coast, Florida 32137 13y the :signattire affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1, Additional vertical bulkhead along Collier Canal, including related pipe outfall work in the amount of 49,970.00 as approved by City Council on March 25, 2009. 3. Finish grading and sod for additional area notated on i in the amount of 83,006. 3. The City's Building Department is providing quality control and compliance inspections in lieu of S.E. Cline providing independent inspection services which were originally part of the contract Credit for City's estimated cost (S15,050). ,251,934:39. q Net Increase (Decrease) Resulting front this Change Order 37,926.00 New Contract Price Including this Change Order 3,289,860.3:11,.$‘0' B) Contract Time Prior to the Change Order (Number of Days) days Net. Increase (Decrease) Resulting from the Change Order (Number of Days) days New Completion Date Including this Change Order A) Contract Price prior to ti is Change Order AGREED: COMPANY Autho rize ignature Date: tit3M,5 OF t CITY OE SEBASTIAN CHANGE ORDER Project Manager Ristaance Director City Attorney ASTIAN: ,City Manager Authorization cumulative amount less than 15% City Council Authorization cumulative :unoant exceeds 15% of contract pr (Mee r slate 3/25/09) o budget Sally A. M in, MNIC, City +Glen! as to itgat PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build Services PROJECT C4606 PHONE 386.-931-0016 CONTRACT NAME: Collier Canal Stormwater CONTACT DATE: September 26, 2008 ATTE $T: rice or 515,000 single change sander 515,000 single change Regular City Council Meeting March 25, 2009 Page Three 09.058 F. Resolution No. R -09 -14 Approving Flagpole Maintenance Agreement between IRC and the City (Airport Director Transmittal, Agreement, Exhibits Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE CONSTRUCTION AND MAINTENANCE OF A MAST ARM FLAGPOLE; PROVIDING FOR THE ADOPTION OF A MAINTENANCE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND INDIAN RIVER COUNTY; DIRECTING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AND IMPLEMENT THE MAINTENANCE PROGRAM AS REFERENCED; PROVIDING FOR THE REPEAL OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 09.059/08.010 G. Appropriate $90,000 from Stormwater Reserves for Additional Remedial Measures 65-67 Related to Collier Creek Project Piping and Fill for a Portion of Wentworth Ditch and Additional Vertical Bulkhead Along Collier Canal (City Engineer Transmittal) 09.060 H. Authorize Mayor to Sign Accord Establishing the Indian River County Consortium for 69 -70 Life Science Research and Technology Advancement (Accord) MOTION by Ms. Coy and SECOND by Mr. Hill to approve the consent agenda. Roll call on the motion was as follows: AYES: All NAYS: None Passed 5 -0 8. COMMITTEE REPORTS APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. Ms. Coy reported on her attendance at the Beach and Shore Committee meeting noting the state funding to restore sector three, starting at Wabasso going south, has disappeared and suggested Council follow new technologies to save the beaches. 9. PUBLIC HEARINGS 08.052 A. Second Reading, Public Hearing and Final Adoption of Ordinance No. 0 08 01 71 -99 Voluntary Annexation of Shady Rest Mobile Home Park, 13225 US Highway 1 17.15 Acres (Growth Management Transmittal, 0- 08 -01, Minutes Excerpt, Atty Dill Letter)(Under Separate Cover: Three Ring Binder: Stapled 6 -11 -08 Backup) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 17.15 ACRES, MORE OR LESS, LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. (PJ AD 3/10/09 3/17/09) 3 Subject: Funding Authorization for Additional Work Related to Collier Canal Project Approve fqr Submittal by: pp Avt. Agenda No. 0,0 5R Department Origin: Finance Dept.: City Attorney: City Clerk: En jpeerin• do ,,fl /.e/ City forces (fill materials) plus local contractors (excavation, pipe installation, backfill, sod) Date Submitted: For Agenda of: T 25 March 2009 Al Minner, City Manager Exhibits: One plan sheet. EXPENDITURE REQUIRED: $90,000 AMOUNT BUDGETED: Total Project $4,836,067 APPROPRIATION REQUIRED: $90,000 (Stormwater Reserves) Work Item Estimated Cost Work Prospectively Performed By Piping and filling in portion of Wentworth Ditch Not to exceed $30,000 City forces (fill materials) plus local contractors (excavation, pipe installation, backfill, sod) Additional vertical bulkhead along Collier Canal, including related pipe outfall work Not to exceed $60,000 City forces (fill) plus S.E. Cline Construction (vertical bulkhead pipe outfalls) Estimated Total Cost Not to exceed $90,000 OF S HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY In conjunction with the Collier Canal Project, City proposes to pipe and fill in a rapidly deteriorating portion of the Wentworth Ditch between Wimbrow Drive and the Collier Canal just north of CR -512. That portion of the ditch is approximately 160 feet long and is in a City drainage easement. City recognized the need for remedial measures and applied for and received permit approvals from SJRWMD and the USACE to pipe the ditch in conjunction with the Collier Canal Project. Filling in the ditch and doing the necessary related work was not included in the awarded S.E.Cline construction contract for the Collier Canal as SJRWMD and USACE approvals and confirmation of availability of funding was not yet in hand at the time of contract award. The piping and filling in of the ditch, a much needed remedial measure, also calls for additional vertical bulkhead and related outfall pipe work on both sides of the Collier Canal just north of CR -512. Cost estimates, price quotations, and ongoing value engineering indicate the total cost of doing the subject work should not exceed $90,000. It is proposed this additional work be done by a combination of City forces, local contractors, and S.E.Cline Construction. RECOMMENDED ACTION Move to approve the allocation of funds not to exceed $90,000 to pipe and fill in a portion of Wentworth Ditch as part of the Collier Canal Project, including related additional vertical bulkhead on both sides of the Collier Canal just north of CR -512. 6 JUN- 09- 2009(TUE) 15:46 SE CLINE CONSTRUCTION* S,E, Cline Construction, Inc. Marine Engineers and Constructors To: Debbie Krueger Company: City of Sebastian Fax: (MI), g 3d N 7 Tel: 772 -453 -8486 From: C.M. "Han Cameron, Jr. Subject: Comments: Ms, Krueger, On 2 March 2009, I sent an e-mail to Dave Fisher regarding the South end of Collier Canal changes, please see the attached copy. Basically, on the East side of the canal the bulkhead extension and tie in at the county headwall is 17,750 The bulkhead extension and tie in to the county headwall is 25,725. l ,i The concrete collar around the new 48" pi a is 6,495. These Items were submitted to the City Council and 1 believe were approved. Just as we started the work, Mr, Fisher had us move the original line of the wall further out into the canal and backfill this area with 20 truckloads of City furnished fill dirt. We now have to finish grading and sod this additional area, all of which adds the cost of $3,906. As discussed the Inds• ci buildi de is now .rovid' onsite uali control and com endent ins ion services which was on inall a .art of our contract ]lance inspections in lieu of us providin A er con erring wi t e C e Bui rig o c we are prepared too r a c •'t to S 15,050 to cover the ity's estimated cost which is above our initial bud et, however the current level of service being provided by your outstanding Building dept. is well worth the additional costs. es 'eg C.M. "H ameron, Jr. FAX TRANSMISSION e -mail: marinegolineoonstruetIon.net (Fnx)386 446 6461 P 001/00E Date: June 9. 2009 Pages: 2 Cell: 18 Unity Drive Palm Coast, FL 32135 Phone: (386) 446-6426 Fax: (888) 485 -3598 1 JUN- 09- 2009(TUE) 15:46 SE CLINE CONSTPUCTICN* Ha Cameron (FRX;)585 446 5481 P OC21:!OE From: Hap Cameron [hapecllneconstruction.net] Sent: Monday, March 02, 2009 4 :45 PM To: 'David Fisher' Cc: marineeng (olineoonstruction.net'; 'marine(aclineconatruction.net' Subject RE: Change Order Numbers for Prospective Additional Vertical Bulkhead Dave, Per your request, the additional cost for the bulkhead on the East side of the Canal including the tie in at the County's headwall is $17,150 and the extension to the County's bulkhead on the West side of the canal including tie in is 25,725, The 48" Pipe collar on the wall is 6,495, We are assuming that all of the other scopes outlined in our original quote are to be performed by others. We hope this is adequate for your meeting. Best Regards, C. M. "Hap" Cameron Jr. Original Message From: David Fisher mailto :dfisher(rcityofsebastian.org] Sent: Monday, March 02, 2009 3:44 PM To: hap@clineconstruction.net Cc: marineeng c@clineconstruction.net; marine @clineconstruction,net Subject: Change Order Numbers for Prospective Additional Vertical Bulkhead Hap Per our telecon moments ago, please provide numbers for a prospective change order calling for additional vertical bulkhead at the south end of the canal near CF,-512 (around Sta 70 +00 and northward a short distance). Thanks. Dave Fisher No virus found in this incoming message. Checked by AVG www.avg.com Version: 8.0.237 Virus Database: 270.11.5/1979 Release Date: 03!01/0917:46:00 Tracking: Recipient Reed 'David Fisher' Reed: 313/2009 7:47 AM m erineeng a clineconatru ction .net' 'marineatclineoonstruction.net' Reed: 312/2006 @:16 PM 1 CHANGE ORDER #3 PURCHASE ORDER 5863 CONTRACTOR: S.E.Cline Construction Co. ADDRESS: 18 Utility Drive Palm Coast, Florida 32137 HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER 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: This Change Order #3 reflects a reduction for materials purchased by the City of Sebastian for the following vendors: 1. Purchase Order Revision Reduction in PO# 5863, S.E. Cline and Increase in PO# 5986, Everlast Synthetic Products, LLC $6,950.70. Net $0.00 effect. 2. Purchase Order Revision Reduction in PO# 5863, S.E. Cline and Increase in PO# 6009, Prestige AB Ready Mix $1,278.00. Net $0.00 effect. A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) New Completion Date Including this Change Order AGREED: COMPANY Authorized Sigtfure Approvals By City of Sebastian in accordance with Code Sec. 2 -10 (check one): City Manager Authorization cumulative amount less than 15% of contract price or $15,000 single change order City ouncil Authorization cumulative amount exceeds 15% of contract price or $15,000 single change order etiag date 1/ EBASTIAN: nager Date: Date: PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build Services PROJECT C4606 PHONE 386- 931 -0016 CONTRACT NAME: Collier Canal Stormwater CONTACT DATE: September 26, 2008 a a L AT Project Manager Finance Director 1 J N s to budget Sally A. M City Attorney v as to legal 3,260,163.12 (8,228.70) 3,251,934.32 days days o, MMC, City Clerk CHANGE ORDER #3 PURCHASE ORDER 5863 CONTRACTOR: S.E.Cline Construction Co. ADDRESS: 18 Utility Drive Palm Const, Florida 32137 th signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution or 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: This Change Order #3 refle following vendors: Purchase Order Revision Reduction in PO# 5863, S.E. Cline and Increase in PO# 5986, Everlast Synthetic Products, 1_,,L,C $6,950.70. Net $0.00 effect. 2 Purchase Order Revision Reduction in PO# 5863, S.E. Cline and Inerease in PO# 6009, Prestige AB Ready Mix $1,278.00. Net $0.00 effect. A) Contrwt Pree Prior to this Order 3,6 ,I63,12 Net increase (Decrease) Resulting from this Change Order (2,228.70) New Contract Price Including this Change Order 3,251,934r3 B) Contract Time Prior to the Change Order (Number of Days) days Net Increase (Decrease) Resulting from the Change Order (Number ef Days) days New Completion Date Including this Change Order AGREED: COMPANY HOME O PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER a reduction for materials purchased by the City of Sebastian for the Authorize Hager Project Manager Finance Director City Attorney ASTIAN: Attorovals 13v City of Sebastian in ic dance wlth „lode Sce, 2-10 (check one): ty Manager Authorization cumulative amount less than 15% of contract price or $15,000 sing,lc change order until Authorization cumulative =wont exceeds 15% of contract price or $15,00D single change order •eting date Date: PROJECT NAME: Collier Canal Stormwater Retrofit Project Design-Build Services PROJECT ft: C4606 PHONE 386-931-0016 CONTRACT NAME: Collier Canal Stormwater CONTACT DATE: September 26, 2008 ATT Sally A. it 1MC, City Clerl •ue t t Job Shp Via F,O,B. Terms I ray carneror Vendor Jobsite Net 10 days No Retention IIMIIIIIIMII 6,81 EMI UUM liEll EA Dese '•iron Unit Price Extention 8' Long ESP 6.5 53.50 368 294.00 12' Lang ESP 6.5 Csray" 83.57 9,526:95 _111111111111111 IIIIIIIIIM 1.11111111111111111111111 E _1 4 1,834 EA *witch out sheets for bride abutment to IIIIIIIIIIIIIIIII, 135,60 3,254.40 ESP 8..5 Series 16' Gra see below 16' Lon. ESP 8.5 **T These sheets are re.1acint e in order of ESP 6.5 Series 12' G for the bridle abutr'reent sections 1.25 "x 3" Gray Everdrain 11.00 20,174.00 5 930 E MR -2HDG 518° Anchor Assembly 54.70 50,671.00 6 138 EA 9' Lone ESP 6.5 Gra 60.18 8,304.84 3 8.5 Universal Corner 12' Gra 61.53 184.59 8 EA 8.5 Universal Comer 8' Gra 41.02 287.14 9 EA 14' Lon. ESP 6.5 Gr= 93.45 16,260.30 These shhets are replacing orignal order of ESP 6.5 Series 8' Gray The additional ma erial was not in the ari•inal bid. Due to chan.e order of contract for sales tax 1 have ke t the sales tax amount at .[ice or`. nail- stated on first .urchase order. This is the same amount M11111111111111111111111 IIIIIIIIIIIIIIIIIII deduct as *art of NM Authrarfzed Contact: Chan•e Order #2. rfafs to be sht. 'ed er written releases authorized b S.E. Cline Construction, In SI natur t: C.M. "Hai Cams rose, 3r. Remarks: Subtotal 5 477,157.25 Delivery Coordination Jack Cooper Ce1141: (772) 633-8223 Freight 2'1903.69 Sales Tax 6 28,142.36 County Surtax 1% Total 527 V n Everlast Synthetic Products, LLC 1000 wyngate Pkwy., Ste.100 Woodstock, GA 30189 Attn: Carl Hazenberg Phone: (800) 687 -0036 Fax: 800 687 S.E. Cline Construction, Inc. P.C. Box 354425 Palm Coast, FL 32135 Phone: 386 1 Fax: 386-446-6481 P ease note ac i do nv l item #9 PURCHASE ORDER Proposed Revision Date: 3 June 200 cf Saba .E. Cline Construction, lac. 743 Winbrow Dr. Sebastian, FL 32958 RE: City of Sebastian PC #5986 Vendor Ackno Ied9 ems D2te 5ge1,. (95o oo i to100 ,30 t 40950. -7o Item Qty UOIvl Descnpton Unit Price Extension 1 674 CY 3000 PS1 Pump Max 82.00 65,268.00 4 674 CY Fiberrnesh 314 lb. 4.50 3,on.00 3 76 LD Environmental Fee (non-taxable item) 10.00 760.00 1,520.00 2 76 LID Fuel Surcharge (non-taxable item) 20.00 5 12 CY 5500 PSI Pump Mix 2.00 1,104.00 6 12 CY Frbermesh 3/4 lb. $4.50 54.00 7 4 LO Environmental Fee (non-taxable item)** $10.00 40.00 8 4 LD Fuel &troller nortern *'-ta **The additional material was not in the original bid. Due to change order of contract for sales tax I have kept the sales tax amount at price originally stet. ed on first purhase order. This is the same amount deduct as part of Change Order #2. Materiak to be shipped per wri tten releases a uthorlzed by S.E. Cline Construction, Inc. Authorized Signature: C.M. *liar Cameron, Jr. Remarks: Contact Subtotal 61,859.00 Delivery Coordination Jack Cooper Cell* (772) 633-8223 Freight Sales Tax 6% 3498 Courrtax_ 65,407.06 Total Ven dor: Prestige AB Ready Mix 4170 Selvitz Road Fort Pierce, FL 34981 Fax: 772-465-0408 Phone: 772-465-0701 Hap Cameron netwootkiIY y for.e.44w Jth 086 Jirge S.E. Cline Construction, Inc. Date S.E. Cline Construction, Inc. P.O. Box 354425 Palm Coast, FL 32135 Phone: 386-446-6426 Fax: 888-465-3598 Code Shi To: City of Sebastian c/o S.E. Cline Construction, Inc. 743 Wimbrow Dr. Sebastian, FL 32958 RE: City of Sebastian PO #6009 Ship Via Vendor Purchase Order Proposed Revision 3 June 2009 Vendor Acknowledgement Date Terms Net 10 days No Retention CHANGE ORDER #2A PURCHASE ORDER 5863 CONTRACTOR: S.E.Cline Construction Co. PHONE 386- 931 -0016 ADDRESS: 18 Utility Drive Palm Coast, Florida 32137 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: This Change Order #2A is in addition to Change Order #2 processed on 4/7/09. There was an additional reduction for materials purchased, that were included on Change Order #2 per the attached pay application #7. 1. Purchase Order Revision Reduction in PO# 5863, S.E. Cline and Increase in PO# 5986, Everlast Synthetic Products, LLC $1,166.68. Net $0.00 effect. A) Contract Price Prior to this Change Order 3,261,329.80 Net Increase (Decrease) Resulting from this Change Order (1,166.68) New Contract Price Including this Change Order 3,260,163.12 B) Contract Time Prior to the Change Order (Number of Days) days Net Increase (Decrease) Resulting from the Change Order (Number of Days) days New Completion Date Including this Change Order AGREED: COMPANY Authorized Signature City Attorney EBASTIAN: HOME Of PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER Date: `7Zaae? Date: U/ PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build Services PROJECT C4606 CONTRACT NAME: Collier Canal Stormwater CONTACT DATE: September 26, 2008 Approvals By City of Sebastian in accordance with Code Sec. 2 -10 (check one): /City 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 ing date Project Manager /Ait A L Finance Director 1 �E�' to budget Sally A. MMC, City Clerk i g■ ii /l as to legal Everta St Writhatic ProduntS,4-1.4 1000 wpiate Pkwy., Ste,100 ontietock, GA 30189 Attn: Carl Hatenbeitt phne (88(48870838 Pax 500 7.0048 EIS=1111111111 S.E, Cline Construction, Inc, SE. Cline OttristrtictiOn„ 8w:344425 Palm COest ft: 32135 Phoriec.:3884466428 Fax 3864466481 PURCHASE ORDER Proposed ROVIS/011. Midi: 27102009- City of Sebastian c/o S.E. Cline Construction, inc. 743 Winixow Or, Sehasttan, Ft, 3058 RE: City of Sebastian PO*5988 Rem 1 3 4 8 um) 14 24 1,834 138 7 "Theadditiolval rnateriallima not* thecripal bid. DOetoonange-OP$01!,000ntreotlorselos Pax (have Kept the sales taX-OnIptint et price adilinaily stated chlirst, purchase order. This s the ett me amount clodget a0 Part of-Cnflor Ogler 11201301 Delivery Coordkiation COntect: Jack Cooper Cat m2)4538 i'.***1:potsto "tvklo? Ownent to 1.10M Oescrtition Unit Price 140* 53,40 377030380 ft' Lpoo 6:0 Otalf EA 12' LoottESP 6 et $47 9,.516.98 ra, 13P6 3,254A0, L.**. E.SP **OW, •Ilt04; original pitiercf.: the •bridlie, 1$40eries •1 tibtittnent ..1 1.00 j•26 Evemintin. OA )01.0-00 5ien. &IC* Assembly 5470 .E. 9' Long ESP 6.5 Gray utter tkrnet tZ 8Y 184.59 805.1.fr#vetsal Comer 8 onity 41,02 2t0,14 •Idateriale be.01000 WrItien *Lear* authorized Wif S.E.. Cline Construction, inc. Authorized $43nature: C.M. "Hap' n�T, Sales Tax034, county Surtak 1%" Total. $0,18 0143 eat los 140: Retefrrittgl. 20,17480 5001.08 8,304.84 ubtotai freight 470,20545 21;98349 204246 5000 520,30280 F.: t..; c ,E -rs 0 4, q ,,,i 0 c.4 4: MI r ti I 0 fl,. ct isl 4:- e 4. S'? rr, I I I UZI ;'..D 52-• Z :I.• 5" :71 5- re (7 10 e.l• z-J, o) c.••••;," 0 C.,. L( ‘-'i GI i., f r: !II -4 "q 1 .1 I 01 1 1 3 0 1 ?fl (0 1 L i o_ e... 0 :.1 ''r '1:' l .r.'2, 'i',) P. 6 8 0'' p -..r, 1 ,i... :f.-,. r, '1) :5 15 g 00 1 0 0 ii.: f: I Sr. 7.3 il 9.. "a i 1 .2 2 (0 41 'fd 1‘.7 z-- T.C.). tu 1 •,77. ''s z. s) 0 AI 1 6 "r: cl. V_ (L .52) .4 CO 1 0 Q I Item Qty UOM Description Unit Price Extention 1 7,058 EA 8' Long ESP 6.5 Gray 53.50 377,603.00 2 138 EA 9' Long ESP 6.5 Gray 60.18 8,304.84 3 138 EA 12' Long ESP 6.5 Gray 83.57 11,532.66 4 9 EA 8.5 Universal Comer 12' Gray 61.53 553.77 5 1,834 EA 1.25" x 3" Gray Everdrain 11.00 20,174.00 6 930 EA MR -2HDG 5/8" Anchor Assembly 54.70 50,871.00 7 8 **Materials to be shipped per written releases 9 authorized by S.E. Cline Construction, Inc. 10 Authorized Signature: C.M. "Hap" Cameron, Jr. 11 12 13 14 15 16 Remarks: Contact: Subtotal 469,039.27 Delivery Coordination Jack Cooper Cell (772) 633 -8223 Freight 21,903.69 Sales Tax 6% 28,142.36 County Surtax 1% 50.00 Total 519,135.32 Everlast Synthetic Products, LLC 1000 wyngate Pkwy., Ste.100 Woodstock, GA 30189 Attn: Carl Hazenberg Phone: (800) 687 -0036 Fax: (800) 687 -0048 S.E. Cline Construction, Inc. Date S.E. Cline Construction, Inc. P.O. Box 354425 Palm Coast, FL 32135 Phone: 386 -446 -6426 Fax: 386 -446 -6481 PURCHASE ORDER Revised Date: City of Sebastian c/o S.E. Cline Construction, Inc. 743 Winbrow Dr. Sebastian, FL 32958 Vendor Acknowledgement Date 1 RECEIVED APR 07 2009, r CHANGE ORDER #2 PURCHASE ORDER 5863 CONTRACTOR: S.E. Cline Construction Co. ADDRESS: 18 Utility Drive Palm Coast, FL 32137 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: This Change Order #2 reflects a deduction for materials purchased by the City of Sebastian from the following vendors: Everlast $519,135.32 Prestige $64,129.06 Merit Fasteners $15,018.99 BED Supply $68,496.23 and SE Development $65,715.60 For a Grand Total reduction of $732,495.20 A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) New Completion Date Including this Change Order Author AGREED: COMPANY A vats By City of Sebastian in accordance with Code Sec. 2 -10 (check one): V City Manager Authorization cumulative amount Tess 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 ing date 4F r g ager Project Manager Finance Director City Attorney d Signature EBASTIAN: Date: Off HOAK O CITY OF SEBASTIAN CHANGE ORDER Date: Z_A PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build Services PROJECT C4606 PHONE CONTRACT NAME: Collier Canal Stormwater CONTACT DATE: September 26, 2008 3,993,825.00 732,495.20 $3,261,329.80 days days ATT to budget Sally A. aio, MMC, City Clerk CITY OF SEBASTIAN ATTENTION FINANCE DEPARTMENT 1225 Main Street Sebastian, Florida 32958 Tel: (772) 589-5330 Fax: (772) 589-5570 ine Oti ity Dr ive :Coast PL Pt JRCHASING COPY PURCHASE ORDER# IMPORTANT PURCHSE ORDER NUMBER MUST APPEAR ON ALL SHIPPING NOTICES, BILLS OF LADING, PACKAGES, PACKING LISTS, INVOICES, FREIGHT BILLS AND CORRESPONDENCE CONCERNING j THIS ORDER. TAX EXEMPT #41 IMPORTANT THUS PURCHASE ORDER IS SUBJECT TO 1 `!E TRi Arm ;HOITIPP:, ON THE FACE AND REVERSE SIDE HEREOF, ACCEPTANCE IS LIMITED TO TERMS OF THIS ORDER. VENDOR: IF PRICES WHICH APPEAR ABOVE ARE NOT CORRECT CALL PURCHASING AGENT AND DELAY FURTHER ACTION PENDING INVOICE. 1 1 DATE OR 1 94 DESCRIPPON/PART NO. FREloHT IVIETHOD/TERMS TO ASSURE PR',.)MPT PAYMENT FOLLOW tIIPPING AND BILLING INSTRUCTIONS' ON REAR OF THIS ORDER ..t.E;1 00'1. Co111 C.;:a.r a. I Ret It I. 1 P'r i (si.: C,o 61:7, r a C 17, Sp et.-:-. i f i C.: ,Ft t 1 C I F.+; a a, tiO oF tht e b a ss t...i..sikr( rs. i ty i',7, I... ricT 4, 71. k...„ 1 SeptOmb.er 24, ACCOUNT NUMBER I /AOCC.)0! 13: 0'0 'P RCHASING AGENT CHANGE ORDER 1 PURCHASE ORDER CONTRACTOR NAME: S.E. Cline Construction, Inc. ADDRESS: 18 Utility Dr. Palm Coast, FL 32137 DESCRIPTION: A) CONTRACT PRICE PRIOR TO THIS CIiANGE NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDF,R AGREED: CONS �1�I riC Author' d Signature Approvals By City of Sebastian Staff City Engineer Finance Director as to engineering as to budget C.,LY +'tf CITY OF SEBASTIAN CHANGE ORDER FORM By the signature affixed below, both the City and the Contractor execution of this document, the Contractor is hereby notified to incorporated and made a part of the Contract identified above, enjoined and in full force while executing the change(s) stipulated B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) .4r days f NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) NEW COMPLETION DATE INCLUDING THIS CHANGE ATTEST: PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build Services PROJECT C4604, PHONE (386) 446 -6426 agree to the changes as stipulated herein. Upon proper commence work. All changes stated below are hereby and all the terms and conditions of said Contract are as follows: CONTACT NAME: Collier Canal Stormwater Retrofit CONTRACT DATE: September 26, 2008 3.994.325.00 S (500.00) 5 3.993,825.00 Sally A. Maio, CMC, City Clerk Approved as to Form and Content for Reliance By the City of Sebastian Only: Rich Stringer, City Attorney ,.4 ",%9 days MO. DAY YR ate: 4X1,6 COLLIER CANAL STORMWATER RETROFIT PROJECT DESIGN -BUILD SERVICES AGREEMENT THIS AGREEMENT made this 2 day of September, 2008, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, "CITY and S.E. Cline Construction, Inc., a Florida corporation, whose address is 18 Utility Drive, Palm Coast, FL 32137( "DESIGNBUILDER. WHEREAS, the CITY desires to engage a Florida licensed contractor who has special and unique competence and experience in providing design -build construction services necessary to complete the Project hereunder; and, WHEREAS, the DESIGN /BUILDER represents that it has such competence and experience in providing these services; and, WHEREAS, the CITY in reliance on such representation has selected the DESIGN /BUILDER in accordance with its procedure for selection of DESIGN /BUILDER; and, WHEREAS, the CITY and the DESIGN /BUILDER desire to reduce to writing their understanding and agreements on such professional services. IT IS, THEREFORE, AGREED as follows: 1.0 EMPLOYMENT OF DESIGNBUILDER The CITY hereby agrees that it engages the DESIGNBUILDER and the DESIGN /BUILDER hereby agrees to perform services for the CITY in accordance with this Agreement for the COLLIER CANAL STORMWATER RETROFIT PROJECT. 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 Subcontractor(s), or, between any person or firm other than the CITY and DESIGN /BUILDER. The DESIGN /BUILDER 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 CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between CITY and DESIGNBUILDER are incorporated herein and made a part hereof, and consist of the following: a. This Collier Canal Stormwater Retrofit Project Design/Build Agreement; b. Request for Proposal for Design -Build Services for Collier Canal Stormwater Retrofit Project dated 2 June 2008, with Addendum No. 1 dated 18 June 2008 and Addendum No. 2 dated 27 June 2008, Proposal dated 10 July 2008; 1 c. Proposal Package dated July 10, 2008 with Proposal Price Form Summary of Costs, Affidavits, Certification and Design Criteria; d. Plans, Specifications and other design documents prepared and approved in accordance with this Collier Canal Stormwater Retrofit Project Design/Build Agreement; e. Certificates of Insurance and Endorsements; f. Performance and Payment Bonds; g. DEP Agreement No. G0235, and any amendment or modification thereto; h. St. Johns River Water Management District Environmental resource Permit #4 -061- 104663 -11( "SJRWMD Permit and any amendment or modification thereto; i. Manufacturer /Supplier Equipment and Materials Warranties; j. Any written modifications, including Change Orders and Work Orders; and k. Any other documents referenced in these Contract Documents. 2.1 INTENT. The intent of the Contract Documents is to set forth requirements of performance, type of equipment and structures, and standards of materials and construction. It is also intended to include all labor and materials, tools and equipment, temporary facilities and systems, and transportation necessary for the proper execution of the Work, to require new material and equipment unless otherwise indicated, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the DESIGN /BUILDER. Performance by the DESIGN /BUILDER shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. 2.2 ENTIRE AND SOLE AGREEMENT. Except as specifically stated herein, the Contact 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 Contact 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 Contact Documents. 2.3 AMENDMENTS. The parties may modify this Agreement at any time by written agreement. Neither the Contract 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 Contract Documents, or otherwise involving the Project, 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 2.6 TERM. This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend until the Project is complete unless terminated in accordance with the terms hereunder. 3.0 THE WORK 3.1 Subject to and in accordance with the terms and provisions of the Contract Documents, the DESIGNBUILDER agrees to design and construct the Project for the CITY. 3.2 The DESIGNBUILDER agrees to provide all the professional design services, labor, material, supplies, equipment, transportation, apparatus, light, energy, temporary facilities and systems, scaffolding and tools necessary for the proper design, construction and completion of the Work described in the Contract Documents. 3.3 The DESIGNBUILDER shall remain fully liable to CITY for the adequacy of the Plans and Specifications and other documents, the ultimate and acceptable design and construction of the PROJECT, and for any errors and omissions that may exist thereon, whether the work is done in house by the DESIGNBUILDER, by joint venture, or by retention of a design professional by the DESIGNBUILDER. 3.4 The Plans and Specifications prepared by DESIGNBUILDER, DESIGNER, and Subcontractors in connection with the Project shall be a "work made for hire" and the CITY shall be vested with all rights of ownership thereto. Any use by the CITY of such Plans and Specifications for other projects unrelated to this Project shall be at the CITY's sole risk. 4.0 COMPENSATION CITY shall pay DESIGNBUILDER, in the manner set forth herein, a lump sum Contract Price of Three million nine hundred ninety -four thousand three hundred twenty -five dollars ($3,994,325) for performance of the Work, which shall comprise total compensation to DESIGNBUILDER. The agreement of the parties hereto is that the DESIGNBUILDER shall bear all costs and expenses of any kind, type or nature for Work specified in the Contract Documents and such additional work as may be reasonably inferred therefrom, and deliver to CITY at the Contract Price, the Project as specified in the Contract Documents, which upon completion and delivery, shall be satisfactory to the CITY and all governmental authorities having jurisdiction thereof. 5.0 TIME OF COMMENCEMENT AND COMPLETION 5.1 Following execution of this Agreement and verification of compliance with all submittals required of DESIGNBUILDER hereunder, CITY shall issue a Notice to Proceed with Design Work to begin the design phase of the Work. 3 5.2 Time is of the essence for all Work under this Agreement; DESIGNBUILDER shall submit design documents to CITY suitable for submission with an application for modification of the SJRWMD Permit within forty-five (45) days after issuance of the Notice to Proceed with Design Work. The CITY and DESIGNBUILDER recognize that time is of essence of this Agreement and that CITY will suffer financial loss if the design phase of the Work suitable for permit application is not completed within the times specified in above, plus any extensions thereof allowed in accordance with the Contract Documents. 5.3 CITY shall promptly and diligently pursue modification of the SJRWMD Permit to allow construction of the Project in the manner proposed by DESIGNBUILDER under the Contract Documents. 5.4 Within thirty (30) days of receipt of the necessary modification of the SJRWMD Permit, CITY shall issue a Notice to Proceed to DESIGNBUILDER. 5.5 The time of Substantial Completion of the Work shall be three hundred sixty -five (365) days following issuance of the Notice to Proceed. 5.6 The Work shall be completed, ready for final payment within thirty-five (35) days after the actual date of Substantial Completion. In no event shall the Work to be performed under the Contract Documents be considered completed until all construction items required by the drawings, plans and specifications have been fully completed and approved by the CITY and all governmental authorities having jurisdiction thereof, and a Certificate of Final Inspection and DESIGNBUILDER's Release have been issued. 5.7 LIQUIDATED DAMAGES. The CITY and DESIGNBUILDER recognize that time is of essence of this Agreement and that CITY will suffer financial loss if the Work is not completed within the times specified in Article 5.5, plus any extensions thereof allowed in accordance with the Contract Documents. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by CITY if the Work is not completed on time. Accordingly, instead of requiring any such proof, CITY and DESIGNBUILDER agree that as liquidated damages for delay (but not as a penalty) DESIGNBUILDER shall pay CITY Four hundred fifty Dollars ($450) for each day that expires after the time specified in Article 5.5 for Substantial Completion until the Work is substantially complete. 6.0 DESIGNBUILDER'S DUTIES AND STATUS 6.6 PROFESSIONAL FIDUCIARY RELATIONSHIP TO CITY 6.1.1 The DESIGNBUILDER recognizes the relationship of trust and confidence established between it and the CITY by the Contract Documents. It covenants with the CITY to furnish its best skill and judgment, to cooperate with the CITY to incorporate in the Work only materials which shall be new and of the best of the kind of grades specified to insure that all workmanship shall be to the best of the recognized standard known to the various trades, to furnish 4 efficient business administration and supervision, to keep at all times an adequate supply of workers and materials at the site, and to prosecute the completion of the Work in the best and soundest way and in the most expeditious and economical manner consistent with the interests of the CITY. 6.1.2 The DESIGNBUILDER hereby represents and warrants to CITY that DESIGNBUILDER is skilled and experienced in the design and construction of projects of the type depicted in the Proposal Documents, and that the DESIGNBUILDER by careful examination has satisfied itself as to the general area in which the improvements are to be located, including, but not by way of limitation, soil conditions, climate conditions, surrounding neighborhood and structures, local utilities, available labor supply and cost, all local governmental requirements, and available equipment supply and cost as well as all other items which in the DESIGNBUILDER's judgment could in any manner affect the timely performance of the Work. 6.2 DESIGN WORK 6.2.1 DESIGNBUILDER shall engage qualified, licensed design professionals (hereinafter collectively called "DESIGNER to provide design services (including, without limitation, engineering, architectural, and other professional design services) for the preparation of Drawings, Specifications and other design submittals for the construction and compilation of the Work in accordance with the Contract Document. 6.2.2 The DESIGNER and other design professionals shall be engaged solely by DESIGNBUILDER. All agreements between DESIGNBUILDER and the DESIGNER and other design professionals, and any modifications thereof, shall be in writing. Copies of these agreements shall be furnished to CITY promptly upon CITY's request. DESIGNBUILDER shall be responsible to CITY for the acts and omissions of DESIGNBUILDER's employees, agents and independent contractors (including, without limitation, the DESIGNER, other design professionals and all Subcontractors), and their agents and employees, and all other persons or entities performing the obligations of DESIGNBUILDER under the Contract Documents. 6.2.3 DESIGNBUILDER shall carefully review the Contract Documents and other information relative to the Design Criteria, shall carefully evaluate existing conditions related to the Work (utilizing such tests and measurements as DESIGNBUILDER deems advisable), shall carefully evaluate the site and related field conditions and shall report promptly to CITY any errors, inconsistencies or omissions. It shall be the DESIGNBUILDER's sole responsibility to procure and evaluate any and all topographical surveys, soil tests, drainage plans and any other engineering reports, plans or tests required to insure that sufficient information is available for the completion of the Work. Any additional work, regardless of its nature and scope, required as a result of said surveys, tests, reports or plans in order to complete the Work shall be performed at DESIGNBUILDER's sole cost and expense. 6.2.4 DESIGNBUILDER shall provide design documents sufficient to establish the size, quality and character of the Project, the architectural, structural, mechanical and electrical systems of the Project, and the materials and such other elements of the Project as are required by the Contract Documents. The design documents may be prepared in a series of design submissions. In 5 the process of preparing the interim design documents, DESIGNBUILDER and CITY shall meet and review the status and progress thereof based upon an agreed upon schedule. At such meetings, DESIGNBUILDER shall identify any deviations from the Contract Documents and any previously reviewed design submissions. Minutes of each meeting shall be maintained by DESIGNBUILDER. Copies of the minutes shall be promptly provided to CITY and other persons designated by CITY. The design documents and all interim design submissions shall be subject to CITY's written approval. 6.2.5 After CITY has approved the design documents in writing, DESIGNBUILDER shall provide construction documents setting forth in detail the requirements for the construction of the Project. The construction documents shall include Drawings and Specifications and be consistent with the approved design documents. In the process of preparing the construction documents, DESIGNBUILDER and CITY shall meet and review the status and progress thereof based upon an agreed upon schedule. Minutes of each meeting shall be maintained by DESIGNBUILDER. Copies of the minutes shall be promptly provided to CITY and those persons designated by CITY. The construction documents shall be subject to the written approval of CITY and no construction Work shall be performed prior to receipt of such written approval. 6.2.6 CITY's review and approval of design documents and the construction documents is intended to assure they are compatible with the Design Criteria and other expectations of CITY with respect to the Project. CITY's review and approval of any design documents or construction documents shall not be construed or deemed to either transfer any design liability from DESIGNBUILDER to CITY or to otherwise release DESIGNBUILDER from liability in connection with the design of the Project. 6.2.7 Upon receipt of CITY's written approval of the construction documents, DESIGNBUILDER shall prepare and file all applications and accompanying documentation required to obtain the building permit and other governmental permits and approvals required for construction of the Project. 6.2.8 DESIGN /BUILDER shall obtain from each of DESIGNBUILDER's design and engineering professionals and furnish to CITY certifications with respect to the documents and services provided by such professionals as follows: A. That, to the best of their knowledge, information and belief, the documents and/or services to which such certifications relate (i) are consistent with the Design Criteria set forth in the Contract Documents, except to the extent specifically identified in such certificate, (ii) comply with applicable practice standards and standards of care, and (iii) comply with all applicable laws, ordinances, codes, rules and regulations governing the design of the Project; and B. That CITY and its consultants shall be entitled to rely upon the accuracy of the representations and statements contained in such certifications. 6 6.3 BEFORE CONSTRUCTION 6.3.1 Before undertaking each part of the Work, DESIGNBUILDER shall carefully study and compare the Proposal Documents and check and verify pertinent figures shown thereon and all applicable field measurements. DESIGNBUILDER shall promptly report in writing to CITY any conflict, error or discrepancy which DESIGNBUILDER or any of his Subcontractors or Suppliers may discover and shall obtain a written interpretation or clarification from CITY before proceeding with any Work affected thereby; provided, however, DESIGNBUILDER shall not be liable to CITY for failure to report any conflict, error or discrepancy unless DESIGNBUILDER or any of his Subcontractors or suppliers had actual knowledge thereof or should reasonably have known thereof. 6.3.2 Within ten (10) days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), DESIGNBUILDER shall submit to CITY for review a preliminary Progress Schedule indicating the starting and completion dates of the various stages and Project Segments of the Work and a proposed schedule of Shop Drawing submissions, and within ten (10) days after completion of final design, a proposed Schedule of Values of the Work on the form provided by CITY, and a listing of manpower and cash flow projections through the Contract Time. 6.3.3 The Schedule of Values shall include quantities and prices of items aggregating the Contract Price, and shall subdivide the Work into component parts in sufficient detail to serve as the basis for Applications for Payment during construction. DESIGNBUILDER shall confirm in writing at the time of submission that an appropriate amount of direct costs, supplemental costs, administrative expenses, contingencies and profit have been allocated to each item of Work. 6.3.4 CITY will review and return the schedules submitted in accordance with this Article and DESIGNBUILDER, if required, shall revise, adjust or modify and resubmit acceptable schedules within the time periods required, and if none are required ,at least ten (10) days before submission of the first Application for Payment. 6.4 PRE- DESIGN AND PRE- CONSTRUCTION CONFERENCE 6.4.1 No later than ten (10) days after the effective date of the Agreement, a conference will be held for the review of the Design Criteria and to establish procedures and schedules for the design phase of the Project, to review any required professional liability insurance coverage required with respect to the design Work and to establish a working understanding among the parties regarding the design Work, DESIGNBUILDER as well as the DESIGNER and other design professionals engaged by DESIGNBUILDER shall attend the conference. 6.4.2 Pre Construction Conference Prior to commencement of Work at the site, a conference will be held for review of the schedules, to establish procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work and to the management of all aspects of 7 the Project. DESIGNBUILDER shall attend such conference and shall require any or all of its Subcontractors and Suppliers, as CITY directs, to attend the conference. 6.4.3 Unless otherwise stated at the Pre Construction Conference or a Project Meeting, the CITY's Project Manager as assigned in writing by CITY will be the single authorized representative of CITY assigned the duty of, and authorized to, transmit or receive communications between DESIGNBUILDER and CITY for the remaining term of the Agreement. 6.5 DUE DILIGENCE 6.5.1 Before ordering any material or doing any work, DESIGNBUILDER shall verify all measurements and conditions at the existing site and ensure the accuracy and suitability of same. No additional compensation will be allowed or paid on account of any difference between actual dimensions and measurements indicated in the Proposal Documents. Any differences which may be found shall be submitted to the. CITY for instructions before proceeding with the Work. 6.5.2 DESIGNBUILDER shall purchase all materials in accordance with the accepted Work Schedule so as to avoid delays and substitutions when such materials are to be incorporated in the Work; said materials are to be stored in designated locations in a manner secure from all identifiable risks. 6.6 SPECIAL CONSIDERATIONS 6.6.1 Staging Areas. DESIGNBUILDER shall identify the preferred staging areas, in order of preference, from the parcels designated in the Request for Proposals Package. It shall be the responsibility of CITY to acquire adequate rights of usage to the staging areas. Upon completion of the Project, it is the responsibility of DESIGNBUILDER to restore the staging areas to an agreed -upon state. 6.6.2 Dredge Material Plan. As part of the Plans and Specifications, DESIGNBUILDER shall submit a Dredge Material Plan, subject to review and approval by CITY and all jurisdictional regulatory authorities, providing for minimal disruption to the quality of life of residents. DESIGNBUILDER shall be responsible for arranging and providing suitable off -site locations for disposal of dredge materials. 7.0 DESIGN APPROVALS 7.1 The DESIGNBUILDER shall timely submit to the CITY, for review and approval, Preliminary Design documents including, but not limited to, site plans, elevations, and sections and an outline of specifications that are based on and comply with the Design Criteria and the Proposal Documents. 7.2 The DESIGNBUILDER shall timely submit to the CITY, for review and approval, Design Development documents including, but not limited to, site plans, elevations, and miscellaneous details and an updated set of specifications which are based on and comply with the Design Criteria, the Proposal documents and the CITY approved Preliminary Design documents. 8 7.3 The DESIGNBUILDER shall timely submit to the CITY, for review and approval, Final Plans and Specifications that shall be based on compliance with the Design Criteria, the Proposal Documents and the previously- approved Design Development documents. 8.0 PLANS, SPECIFICATIONS AND RELATED DATA 8.1 INTENT OF PLANS AND SPECIFICATIONS 8.1.1 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If, during the performance of the Work, DESIGNBUILDER or any member of DESIGNBUILDER or any subcontractor finds a gap, conflict, error or discrepancy in the Contract Documents, DESIGNBUILDER shall report it to CITY in writing at once and before proceeding with the Work affected thereby. The CITY upon receipt of any such notice will promptly investigate the circumstances and give appropriate instructions to the DESIGNBUILDER. Until such instructions are given, any Work done by the DESIGNBUILDER after its discovery of such gap, conflict, error, or discrepancy, which is directly or indirectly affected by such gap, conflict, error, or discrepancy, will be at its own risk and it shall bear all costs arising therefrom. In resolving any gaps, conflicts, errors and discrepancies between the Contract Documents, the documents shall be given preference in the following order: Change Orders, Design Criteria, Design/Build Agreement, Notice to Proceed, Approved Plans and Specifications, Approved Shop Drawings, Proposal, remaining portions of the Request for Proposals Package, Performance and Payment Bonds, Insurance Certificates and Endorsements, Affidavits and Certifications. Any Work done by the DESIGNBUILDER or any of its Subcontractors after the discovery by the DESIGNBUILDER of such gaps, conflicts, errors and discrepancies and without the resolution thereof will be at the DESIGNBUILDER's own risk and it shall bear all costs arising therefrom. 8.1.2 DESIGNBUILDER shall ensure that the Contract Documents, which includes any Drawings, Plans and Specifications prepared by DESIGNBUILDER or any member of DESIGNBUILDER or any Subcontractor, are in compliance with and complementary to the Design Criteria. If during the performance of the Work, DESIGNBUILDER or any member of DESIGNBUILDER or any Subcontractor finds a gap, conflict, error or discrepancy between the Design Criteria and the remaining Contract Documents, the DESIGNBUILDER shall report it to CITY in writing at once and before proceeding with any Work affected thereby. The CITY upon receipt of any such notice will promptly investigate the circumstances and give appropriate instructions to the DESIGNBUILDER. Until such instructions are given, any Work done by the DESIGNBUILDER after his discovery of such gap, conflict, error or discrepancy, which is directly or indirectly affected by such gap, conflict, error or discrepancy, will be at its own risk and it shall bear all costs arising therefrom. In resolving any gaps, conflicts, errors or discrepancies between the Design Criteria and Contract Documents, the Design Criteria shall be given precedence unless modified in writing. 8.1.3 Specifications have precedence over drawings. Figured dimensions on drawings shall govern, but Work not dimensioned shall be as directed. Work not particularly shown or 9 specified shall be the same as similar parts that are shown or specified. Large -scale details shall take precedence over smaller scale drawings as to shape and details of construction. Specifications shall govern as to materials and workmanship. Drawings and specifications are intended to be fully complementary and to agree. The specification calling for the higher quality material or workmanship shall prevail. In the event of any discrepancies between any drawings and the figures thereon, the figures shall be taken as correct. 8.1.4 It is the intent of the Specifications and Drawings to describe a complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words having a well -known technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with such meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual or code in effect at the time of opening of Proposals except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract or Proposal Documents) shall change the duties and responsibilities of CITY or DESIGNBUILDER, or any of their agents or employees from those set forth in the Contract or Proposal Documents. 8.2 SHOP DRAWINGS AND SAMPLES 8.2.1 After checking and verifying all field measurements and conditions, and after complying with applicable procedures specified in the General Requirements, DESIGNBUILDER shall submit to CITY for review and approval in accordance with the accepted schedule of Shop Drawing submissions, two (2) copies for use by CITY, plus additional copies as required by DESIGNBUILDER of all Shop Drawings, which shall have been checked by and stamped with the approval of DESIGNBUILDER and identified as CITY may require. 8.2.2 DESIGNBUILDER shall also submit to CITY for review and approval, with such promptness as to cause no delay in the Work, all samples required by the Contract Documents. All samples shall have been checked by and stamped with the approval of DESIGNBUILDER, identified clearly as to material, manufacturer, any pertinent data such as catalog numbers, certified composition and/or test results, and the use for which it is intended. 8.2.3 DESIGNBUILDER's stamp of approval on any Shop Drawing or sample shall specifically indicate in writing, or if not indicated in writing, shall constitute a representation that DESIGNBUILDER has either determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, specified performance criteria, and similar data or assumes full responsibility for doing so, and that DESIGNBUILDER has reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 10 8.2.4 At the time of each submission, DESIGNBUILDER shall in writing call CITY's and DESIGNER's attention to any deviations that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted of each such variation. 8.2.5 DESIGNER will review Shop Drawings and have them revised as necessary by DESIGNBUILDER to enable DESIGNER to stamp them as approved. DESIGNER will then submit approved shop drawings to CITY for review and approval. CITY will review and approve samples and DESIGNER's approved shop drawings. Review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to the accuracy of other matters that may be contained in the submittals, including but not limited to such matters as dimensions, quantities, performance of equipment and systems designed by DESIGNBUILDER, engineering design furnished by DESIGNBUILDER, DESIGNBUILDER's means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence, or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto, the correctness of which shall remain the sole responsibility of DESIGNBUILDER. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. DESIGNBUILDER shall make any corrections required by CITY and shall return the required number of corrected copies of Shop Drawings and resubmit new samples for review. DESIGNBUILDER shall direct specific attention in writing to revisions other than the corrections called for by CITY on previous submittals. 8.2.6 DESIGNER's and CITY's review and approval of Shop Drawings or samples shall not relieve BUILDER from responsibility for any variation from the requirements of the Contract Documents unless DESIGNBUILDER has in writing called DESIGNER's and CITY's attention to each such variation at the time of submission and CITY has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by DESIGNER or CITY relieve DESIGNBUILDER from responsibility for errors or omissions in the Shop Drawings or from responsibility for verifying dimensions, measurements, field conditions, and compliance with the Design Criteria. 8.2.7 Where a Shop Drawing or sample is required by the Specifications, no related Work shall be commenced until the submittal has been returned by CITY and noted "Approved" or" Approved As Corrected 8.2.8 All costs incurred in connection with CITY's review and return of a particular Shop Drawing or sample submission after CITY's second time review shall be borne by DESIGNBUILDER, including any consultants charges to CITY for the same. CITY shall be entitled to deduct these costs from the Contract Price by issuing a Change Order. 8.2.9 In reviewing Shop Drawings or samples, CITY shall be allowed (thirty) 30 days from the date CITY receives the submittal or resubmittal from DESIGNER BUILDER to return the submittal in accordance with this Article, unless otherwise provided in the Contract Documents. CITY'S review and return of a Shop Drawing or sample within the time allowed shall not justify an 11 increase in Contract Price or an extension in Contract Time. Any delay in connection with DESIGNBUILDER's submittal and any resubmittal of a particular Shop Drawing or sample shall represent delays under the control of DESIGNBUILDER and shall not justify an increase in Contract Price or an extension in Contract Time. 8.3 RECORD COPY OF DOCUMENTS AT JOB SITE. One (1) complete set of all Plans, Specifications, Work Orders, Addenda, Change Orders, Shop Drawings, samples and project information shall be maintained at the job site as a record copy, in good order and annotated to show all changes made during the construction process, and shall be available to the CITY at all times. A final copy thereof, along with "as- built" record drawings, operations and maintenance manuals, test results and certifications, and information/data sheets, shall be delivered to the CITY upon the completion of the Work. 8.4 SAMPLING AND TESTING. Except as otherwise provided, sampling, testing and certification 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 CITY, except where indicated otherwise. The DESIGN /BUILDER shall furnish any required samples without charge. The CITY shall be given sufficient notification of the placing of materials to permit testing and certification. As an exception to the above, when the DESIGN /BUILDER represents a material or an item of work as meeting Specifications and under recognized test procedures it fails, any re- testing shall be at the DESIGN /BUILDER's expense. 8.5 EQUIPMENT AND /OR MATERIAL APPROVAL DATA 8.5.1 The DESIGN /BUILDER 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, composition, testing results and certification, brand name, catalog number and general type. This submission shall be compiled by the DESIGN /BUILDER and submitted to the CITY for review and written approval before any of the equipment is ordered. 8.5.2 Each data sheet or catalog in the submission shall be indexed according to specification section and paragraph for easy reference. 8.5.3 After written approval is received by the DESIGN /BUILDER, submission shall become a part of the Contract and may not be deviated from except upon written approval of the CITY. 8.5.4 Catalog data for equipment approved by the CITY does not in any case supersede the Contract Documents. The acceptance by the CITY shall not relieve the DESIGN /BUILDER from responsibility for deviations from Plans or Specifications, unless it has called the CITY's attention, in writing, to such deviations at the time of submission, nor shall it relieve DESIGN /BUILDER from responsibility for errors of any sort in the items submitted. The 12 DESIGNBUILDER shall check the work described by the catalog data with the Contract Documents for deviations and errors. 8.5.5 It shall be the responsibility of the DESIGN /BUILDER to insure that items to be furnished fit the space available. It 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. 8.5.6 Where materials or equipment requiring different arrangement of connections from those shown is approved, it shall be the responsibility of the DESIGN /BUILDER to install the material or 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 its own expense. 9.0 MATERIALS AND WORKMANSHIP 9.1 MATERIALS FURNISHED BY THE DESIGN /BUILDER. All materials and equipment used in the Work shall meet the requirements of the respective Specifications, and shall not be used until it has been approved in writing by the CITY. Wherever the specifications call for an item of material or equipment by a manufacturer's name and type, and additional features of the item are specifically required by the specifications, the additional features specified shall be provided whether or not they are normally included in the standard manufacturer's item listed. 9.2 STORAGE OF MATERIALS. Materials and equipment shall be stored so as to ensure 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. DESIGN /BUILDER shall submit for review and approval by CITY a storage plan prior to construction. 9.3 REJECTED WORK AND MATERIAL. All material, equipment or work which do not conform to the requirements of the Contract Documents, are not equal to samples approved by the CITY, or are in any way unsatisfactory or unsuited to the purpose for which they are intended, shall be rejected. Any such rejected item shall be removed within ten (10) days after written notice is given by the CITY, and the work shall be re- executed by the DESIGN /BUILDER. The fact that the CITY may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the DESIGN /BUILDER 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. 9.4 MANUFACTURER'S DIRECTION. Manufactured articles, materials and equipment shall be applied, installed, erected, used, cleaned, and conditioned as directed by the manufacturer unless herein specified to the contrary. 13 9.5 SKILL AND CHARACTER OF WORKERS. Any person employed must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or worker employed by the DESIGN /BUILDER or subcontractors who, in the opinion of the CITY does not perform 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 DESIGN /BUILDER shall at all times be responsible for the conduct and discipline of its employees and any subcontractor or person employed by subcontractors. 9.6 CUTTING AND PATCHING. The DESIGN /BUILDER shall do all necessary cutting and patching of the Work that may be required to properly receive the work of the various trades or as required by the Plans and Specifications to complete the Work. DESIGN /BUILDER shall restore all such cut or patched work in a manner meeting the approval of the CITY. Cutting of existing structures that could endanger the Work, adjacent property, workers or the public shall not be done unless approved by the CITY and under its surveillance. 9.7 CLEANING UP. 9.7.1 The DESIGN /BUILDER shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its employees or work. During and at the completion of the Work, DESIGN /BUILDER shall remove all rubbish, tools, scaffolding and surplus materials and shall leave the work "broom clean" or its equivalent, unless more exactly specified, and shall ensure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. At no additional expense to the CITY, the DESIGN /BUILDER 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 9.7.2 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 DESIGNBUILDER has not complied in keeping the job site clean, the CITY may, after twenty -four (24) hours written notice to the DESIGN /BUILDER 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 DESIGNBUILDER. 9.8 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 DESIGN /BUILDER. However, ownership of any and all spoil material removed vests with DESIGN /BUILDER at the time of excavation. All material, equipment and work become the sole property of the CITY as installed. These provisions shall not be construed as relieving the DESIGN /BUILDER from the sole responsibility for all materials and work for which payments have been made, for the restoration 14 of damaged work, or as a waiver of right of the CITY to require the fulfillment of all the terms of the Contract. 9.9 GUARANTEES 9.9.1 The DESIGN /BUILDER shall warrant all equipment furnished and work performed by him for a period of five (5) years from the date of final written acceptance of the Work by CITY. 9.9.2 Such guarantee shall in no way limit or relieve the DESIGN /BUILDER of liability from subsequent claims of beach of contract due to substandard materials or workmanship, nor shall such warranty period shorten the statute of limitations for bringing a breach of contract or other action based upon any such deficiencies. 9.9.3 All equipment and material warranties or guarantees shall be drawn in favor of the CITY and the originals thereof furnished to the CITY for review and acceptance prior to final payment. 10.0 CONSTRUCTION LAYOUT TO BE PERFORMED BY DESIGN/BUILDER 10.1 PERSONNEL, EQUIPMENT AND RECORD REQUIREMENTS. Adequate field notes and records shall be available for review by the CITY as the Work progresses and copies shall be available if necessary. Any inspection or checking of the DESIGN /BUILDER's field notes or layout work by the CITY and the acceptance of all or any part thereof, shall not relieve the DESIGN /BUILDER of his responsibility to achieve the lines, grades and dimensions shown in the Plans and Specifications. Prior to final acceptance of the project, the DESIGN /BUILDER shall mark in a permanent manner on the surface of the completed Work all control points shown on the Plans. 10.2 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 DESIGN /BUILDER shall be responsible for all survey control of his work during construction. The DESIGN /BUILDER shall preserve all reference points and benchmarks furnished by the CITY. 10.3 FURNISHING OF STAKE MATERIALS. The DESIGN /BUILDER 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. 10.4 LAYOUT OF WORK 10.4.1 Utilizing the control points furnished by the CITY, the DESIGN /BUILDER 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, 15 and other reference marks or points necessary to provide lines and grades for construction of all items. 10.4.2 Survey notes indicating the information and measurements used in establishing locations and grades shall be kept in notebooks and furnished to the CITY with the record drawings for the Project. 10.5 SPECIFIC STAKING REQUIREMENTS. Stakes to establish lines and grades shall be set at appropriate intervals to assure that the Project is constructed to meet the lines and grades shown on the Plans. 10.6 COORDINATION WITH CITY. The CITY's recorded subdivision plats are not guaranteed to be correct. The distance, bearing and curve information shall be established by the DESIGN /BUILDER's surveyor to control 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 DESIGN /BUILDER'S surveyor to the satisfaction of the CITY's surveyor. 10.7 LOCATION OF EXISTING UTILITIES AND PIPING 10.7.1 All existing underground utilities, such as telephone, cable television and electrical cables must be located by the DESIGN /BUILDER prior to starting work in accordance with established local procedures, and DESIGN /BUILDER shall contact the Utilities in accordance with established local procedures prior to commencing any work within the project area. There may be other utilities within the project area. 10.7.2 The cost of substantiating the location of utilities shall be borne by the DESIGNBUILDER and included in the bid price. The DESIGN /BUILDER shall be responsible for the repair and/or replacement of utilities that it damages during the course of construction. 10.7.3 Utilities deemed to require relocation shall be identified by the DESIGN /BUILDER prior to commencing work. The DESIGN /BUILDER shall notice the CITY of the conflict and seek direction from the CITY prior to proceeding with work. Directions from the CITY may be to proceed despite conflict, place work order on hold and commence work at a different location, or relocate utilities under separate contract with the utility or a change order to be directed by the CITY. 11.0 PROGRESS AND COMPLETION OF WORK 11.1 DESIGNBUILDER'S OBLIGATION 11.1.1 DESIGN /BUILDER shall supervise and direct the Work, using DESIGN /BUILDER's best skill and attention. DESIGN /BUILDER shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures 16 and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. 11.1.2 DESIGN /BUILDER shall enforce strict discipline and good order among DESIGN /BUILDER's employees and other persons carrying out the Work. DESIGN /BUILDER shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 11.1.3 DESIGN /BUILDER 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. 11.1.4 DESIGN /BUILDER shall be responsible to the CITY for the acts and omissions of DESIGN/BUILDER's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with DESIGN /BUILDER. 11.1.5 DESIGN /BUILDER shall indemnify, defend and hold CITY harmless from all claims arising out of or related to its performance of the Work except for acts arising solely from the active negligence of the CITY. 11.2 SCHEDULE OF COMPLETION. The DESIGN BUILDER's schedules are subject to the approval of the CITY, which shall not be unreasonably withheld, and shall reflect a logical sequence of the various components of work and the anticipated rates of production necessary to complete the Work on or before the completion date. Said schedules shall be submitted within ten (10) days of the execution of the agreement by the CITY except when requested otherwise and shall be updated and resubmitted to the CITY on or about the twenty fifth (25th) day of every month with the DESIGN /BUILDER's pay request. DESIGN /BUILDER shall submit timely progress reports, and invoices therewith, on a no less than monthly basis. 11.3 PROPERTY OF OTHERS 11.3.1 Public Ownership. The DESIGN /BUILDER 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. It 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 CITY in writing. The CITY shall remove and relocate all traffic control signs as required. 11.3.2 Private Ownership. Mail and newspaper boxes, sprinkler systems, docks, ornamental shrubs, lawn ornaments, house numbers, fences, etc. may be removed and/or relocated by the property owners. However, should such items not be removed or relocated by the start of construction, the DESIGN /BUILDER 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 relocate the same as shown in or implied by the Plans. Otherwise, 17 the DESIGN /BUILDER 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 DESIGN /BUILDER shall cooperate to obtain permission and/or a Temporary Construction Easements from the landowner. 11.4 EXISTING UTILITIES AND FACILITIES. 11.4.1 Protection. All utilities and all structures of any nature, whether below or above ground, that may be affected by the Work but are not required to be disturbed or relocated by the very nature of the project, shall be protected and maintained by the DESIGN /BUILDER and shall not be disturbed or damaged by him during the progress of the Work; provided that, should the DESIGNBUILDER 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 DESIGN /BUILDER. 11.4.2 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 DESIGN /BUILDER shall secure written permission prior to the commencement of construction of such crossing. The DESIGN /BUILDER 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. 11.5 CONDITION AND STREETS. DESIGN /BUILDER shall maintain streets and local roads utilized during construction in a manner addressing impacts of the Project to the condition of the same. 11.6 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 shall require the written approval of the CITY. Compensation and time of completion affected by the change shall be adjusted at the time of ordering such change. The DESIGN /BUILDER shall do such changes in the Work and furnish such materials, labor and equipment as may be required for the proper completion of construction of the work contemplated. Changes in the 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 DESIGN /BUILDER as required. Each change order shall address impacts, if any, to the contract time and the contract price. In the absence of a written order, no claim for changes in the Work shall be considered. 11.7 EXTENSION OF CONTRACT TIME. 11.7.1 No extension of time shall be valid unless given in writing by the CITY. No monetary compensation shall be given for delay under any circumstances. 11.7.2 A delay beyond the DESIGN /BUILDER'S control occasioned by a natural disaster or other significant event may entitle the DESIGN /BUILDER to an extension of time in 18 which to complete the Work as determined by the CITY provided, however, the DESIGNBUILDER shall immediately give written notice to the CITY of the cause of such delay. 11.7.3 "Rain day" extensions shall be granted upon written request of the DESIGN /BUILDER to the CITY's Project Manager when said Project Manager determines that weather conditions make it counterproductive to work on said days. "Rain day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be processed as a Change Order with each pay submittal. 11.7.4 In the event that the CITY suspends the Work, the DESIGN /BUILDER 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 DESIGN /BUILDER will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the DESIGN /BUILDER. 11.8 CORRECTION OF WORK 11.8.1 DESIGN /BUILDER 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 five (5) years 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 DESIGN /BUILDER. 11.8.2 Nothing contained in this Paragraph shall be construed to establish a period of limitation with respect to other obligations DESIGN /BUILDER might have under the Contract Documents. Establishment of the time period above relates only to the specific obligation of DESIGN /BUILDER to correct the Work, and has no effect on the time within which the obligations of the Contract Documents may be enforced, nor to the time within which proceedings may be commenced to establish DESIGN /BUILDER's liability with respect to DESIGNBUILDER's remaining contractual obligations. 12.0 PUBLIC HEALTH AND SAFETY 12.1 PROTECTION OF PERSONS AND PROPERTY 12.1.1 The DESIGN /BUILDER shall submit, for the CITY's approval, a project safety /security /risk management plan that describes the DESIGN /BUILDER's plans and procedures to protect the safety and property of property owners, residents, passers -by and all other aspects of the Work. The plan shall describe measures and precautions to be taken during working hours and non working hours. 19 12.1.2 Safety Precautions and Programs. The DESIGN /BUILDER 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. The failure of DESIGN /BUILDER or any subcontractor hired by the DESIGNBUILDER to comply with the Act constitutes a failure to perform. The DESIGN /BUILDER 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 DESIGN /BUILDER or any and all subcontractors. 12.1.3 Safety of Persons and Property. The DESIGNBUILDER shall take all reasonable precautionary measures for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the work materials and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the DESIGN /BUILDER 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. 12.1.4 The DESIGN /BUILDER shall be held fully responsible for such safety and protection until final written acceptance of the Work. 12.1.5 Temporary provisions shall be made by the DESIGN /BUILDER 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. This includes all provisions necessary for compliance with any regulatory requirements (such as NPDES) relating to erosion and turbidity control with such measures being indicated on a specifically dedicated project plan/drawing. 12.1.6 The DESIGN /BUILDER acknowledges that, in executing the Project, it will operate machinery and equipment that may be dangerous to the adjacent property owners and the general public. The DESIGN /BUILDER will be required to conduct excavations for the Project that may be hazardous to person and property. The DESIGN /BUILDER shall develop and implement a job safety and security plan that will adequately protect all property and the general public. 12.2 TRAFFIC CONTROL. 12.2.1 DESIGNBUILDER 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. All safety precautions, traffic control, and warning devices necessary to protect the public and workmen from hazards within the right -of -way shall be enacted by DESIGN /BUILDER in strict accordance with 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. Where such a 20 plan is needed, DESIGNBUILDER shall submit and obtain approval of their traffic control plan by the CITY. 12.2.2 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 will not be permitted without specific authorization of the CITY. No road or street shall be closed to the public except with the permission of the CITY and proper governmental authority. When closing of roads are permitted, it shall require forty -eight (48) hours notification to the CITY. Traffic detours shall be pre- approved prior to closing. "Street Closed to through Traffic" signs and "Detour" routes shall be indicated and maintained by the DESIGN /BUILDER when the job is located in a public or private street. 12.2.3 Provision of Access. The DESIGN /BUILDER shall provide such aid as may be required for pedestrians and motorists, including delivery vehicles, to safely negotiate the construction areas. On completion of Work within any area, the DESIGNBUILDER shall remove all debris, excess material, barricades and temporary Work leaving walkways and roads in said area clear of obstructions. 12.3 OPEN TRENCHES AND EXCAVATIONS. The DESIGNBUILDER shall fully comply with Florida Statutes and OSHA regulations with regard to open trenches and excavations during construction. The DESIGN /BUILDER shall place construction hazard fencing along any open trenches and excavations during the work -day, and shall leave no open trenches or excavations over -night unless properly fenced and with the specific approval of the CITY. 12.4 PLACEMENT OF HEAVY EQUIPMENT. The DESIGN /BUILDER shall not leave construction equipment parked in front of or on a residential lot overnight or on weekends without advance specific permission. 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. Keys shall be removed from machines during those times. 12.5 TEMPORARY FACILITIES AND CONTROLS. The DESIGN /BUILDER 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. 12.5.1 Sanitary Provision. The DESIGN /BUILDER shall provide and maintain such sanitary accommodations adequate for the use of his employees and those of his subcontractors, which shall be made available when the first employees arrive on site of the Work, shall be properly secluded from public observation, and shall be constructed and maintained during the progress of the Work in suitable numbers and at such points and in such manner as may be required or approved. The DESIGN /BUILDER shall maintain the sanitary facilities in a 21 satisfactory and sanitary condition at all times and shall enforce their use. DESIGNBUILDER 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. 12.5.2 Water and Electric Supply. The DESIGN /BUILDER 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 DESIGN /BUILDER shall provide and pay for any temporary piping and connections. 12.5.3 Noise and Vibration Control. The DESIGNBUILDER shall provide adequate protection against objectionable noise and vibration levels caused by the operation of construction equipment, and shall submit a plan to the CITY for review prior to initiation and implementation of the plan. 12.5.4 Dust Control. The DESIGN /BUILDER 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 CITY for review prior to initiation and implementation of the plan. 12.5.5 Water Control. The DESIGN /BUILDER shall provide for satisfactory disposal of surplus water and shall submit a plan to the CITY for review prior to initiation and implementation of the plan. Prior approval shall be obtained from the proper authorities for the use of public or private lands or facilities for such disposal. 12.5.6 Pollution, Siltation and Erosion Control. In accordance with current NPDES standards, the DESIGN /BUILDER shall provide for and take sufficient precautions to prevent pollution of private and public lands. Erosion control features shall be constructed concurrently with other work and at the earliest practicable time. The DESIGN /BUILDER shall prepare a detailed description of DESIGN /BUILDER's plan for Erosion and Turbidity Control, including location of erosion control and turbidity control devices, marked on a plan set as needed for clarity. The erosion and turbidity control shall meet the requirements of the St. John's River Water Management District for control of discharge of Total Suspended Matter, and shall prevent water and wind erosion of open excavations and swales. 12.5.7 Spoil Material. The DESIGN BUILDER shall provide for excavation, storage, drying, treatment, and disposal of any spoil material in a suitable manner such that any nuisance to the public and/or property owners is absolutely minimized. The DESIGN /BUILDER shall prepare a detailed plan meeting the requirements of the St. John's River Water Management District for handling spoil materials, and submit the plan for review and approval by CITY. 22 13.0 CITY AND DESIGNBUILDER RELATIONS 13.1 CONSTRUCTION REVIEW. 13.1.1 All work done shall be subject to the construction review of the CITY. Such construction review may include mill, plant, or shop inspection, and any material furnished under the Specifications is subject to such inspection. The CITY shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the DESIGN /BUILDER and the DESIGNER as is required to make a complete and detailed review. 13.1.2 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 Contract Documents and all questions as to the acceptable fulfillment of the Contract on the part of the DESIGN /BUILDER shall be referred to the designated representative of the CITY who will resolve such questions. The CITY may appoint inspectors. The DESIGN /BUILDER will be held strictly to the true intent of the Contract Documents in regard to quality of materials, workmanship, and the diligent execution of the Work. 13.2 TECHNICAL DECISIONS. All claims or conflicts of a technical nature shall be presented to the designated representative of the CITY for resolution. In making the determination, CITY shall be provided free access to consult with DESIGNER. Any material changes to the final Plans and Specifications or the Shop Drawings for the Work shall require that they be reviewed and initialed by DESIGNER. 13.3 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 DESIGN /BUILDER to carry out the provisions of the Contract or to supply materials meeting the requirements of the Plans and Specifications, or the action of a governmental agency, by serving written notice of suspension to the DESIGN /BUILDER. The DESIGNBUILDER shall not suspend operations under the provisions of this Paragraph without the CITY's permission. 13.4 LIMITATION TO RESPONSIBILITY 13.4.1 Neither CITY's authority to act under this Article or elsewhere in the Contract Documents nor any decision or determination made by CITY or its representatives in good faith to exercise or not to exercise such authority shall give rise to any duty or responsibility of CITY to DESIGNBUILDER, any Subcontractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 13.4.2 Whenever in the Contract Documents the terms "as ordered "as directed "as required "as allowed "as approved" or terms of like effect or import are used, or the adjectives "reasonable "suitable "acceptable "proper" or "satisfactory" or adjectives of like effect or import are used to describe requirement, direction, review or judgment of CITY as to the Work, it is 23 intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to CITY or its representative any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of this Article. 13.4.3 CITY will not be responsible for DESIGNBUILDER's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and CITY will not be responsible for DESIGNBUILDER's failure to perform or furnish the Work in accordance with the Contract Documents. 13.4.4 CITY will not be responsible for the acts or omissions of DESIGNBUILDER or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 13.5 FIELD TESTS AND PRELIMINARY OPERATION. The DESIGN /BUILDER shall perform the work of placing in operation all material and equipment installed under this Contract, and shall make adjustments necessary for proper operation. The DESIGNBUILDER shall notify the CITY when work is considered to be complete, in operating condition, and ready for inspection and tests. The CITY will require such tests as it reasonably deems necessary to determine if the Work functions properly. Arrangements for testing laboratory services will be coordinated with the CITY. The cost of the initial testing, and retesting when materials and workmanship fail to meet specified requirements, will be bourn by DESIGN /BUILDER. 13.6 EXAMINATION OF WORK. The CITY may request an examination of work of the DESIGN /BUILDER at any time before acceptance by the CITY of the Work, and DESIGN /BUILDER shall remove or uncover such portions of the work as may be directed. After examination, the DESIGN /BUILDER 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 unless CITY had not been provided a reasonable opportunity to examine the same prior to it being covered, but should the work so exposed or examined prove unacceptable, the uncovering, removing and replacing shall be at the DESIGNBUILDER's expense. 13.7 DESIGN /BUILDER'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 DESIGNBUILDER, and all communications given to the superintendent shall be considered given to the DESIGN /BUILDER. In general, such communications shall be confirmed in writing and always upon written request from the DESIGNBUILDER. 13.8 CITY'S RIGHT TO CORRECT DEFICIENCIES. Upon failure of the DESIGNBUILDER 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 24 notice to the DESIGN /BUILDER, the CITY may, without prejudice to any other remedy it may have, correct such deficiencies. The DESIGN /BUILDER shall be charged all costs incurred to correct the same. 13.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK. 13.9.1 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 DESIGN /BUILDER. 13.9.2 In the event of any default by the DESIGN /BUILDER, the CITY shall have the right to immediately terminate the Contract upon issuance of written notice of termination to the DESIGN /BUILDER stating the cause for such action. 13.9.3 It shall be considered a default by the DESIGN /BUILDER whenever it shall: (a) Declare bankruptcy, become insolvent or assign assets for the benefit of creditors. (b) Disregard or violate the provisions, or otherwise commit a material breach, 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 workers or subcontractors, or proper materials, or fail to make prompt payment therefore. 13.9.4 In the event of termination, the CITY may take possession of the Work and of all materials thereon and may finish the Work by whatever method and means it may select. 13.10 RIGHTS OF VARIOUS INTERESTS. Wherever work being done by the CITY's forces or by other contractors is contiguous to work covered by the Contract, the respective rights of the various interests involved shall be established by the CITY, to secure the completion of the various portions of the Work in general harmony. 13.11 SEPARATE CONTRACTS. The CITY may let other contracts in connection with the Work of the DESIGN /BUILDER. The DESIGN /BUILDER shall cooperate with other Contractors with regard to storage of materials and execution of their work. It shall be the DESIGNBUILDER's responsibility to inspect all work by other contractors affecting its work and to report to the CITY any irregularities that will not permit it to complete work in a satisfactory manner. Failure to notify the CITY of such irregularities shall indicate the work of other contractors has been satisfactorily completed to receive DESIGN /BUILDER's work. It shall be the responsibility of the DESIGN /BUILDER to inspect the completed work in place and report to the CITY immediately any difference between completed work by others and the Plans. 13.12 SUBCONTRACTS AND PURCHASE ORDERS. Prior to signing the Contract or at the time specified by the CITY, the DESIGN /BUILDER shall submit in writing for approval by CITY the names of the subcontractor and suppliers proposed for the Work. Subcontractors and suppliers may not be changed except at the request or with the approval of the CITY. The DESIGNBUILDER is responsible to the CITY for the acts and omissions of its subcontractors 25 and suppliers, and their direct or indirect employees, to the same extent as it is responsible for the acts and omissions of its employees. The Contract Documents shall not be construed as creating a contractual relation between any subcontractors or suppliers and the CITY. The DESIGN /BUILDER shall bind every subcontractor and supplier by the terms of the Contract Documents. 13.13 WORK DURING AN EMERGENCY. The DESIGNBUILDER shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, it shall notify CITY of the emergency as soon as practicable, but shall not wait for instructions before proceeding to properly protect both life and property. 13.14 ORAL AGREEMENTS. No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. 13.15 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. 13.16 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 DESIGN /BUILDER's risk and will be considered unauthorized, and, at the option of the CITY, may not be measured and paid for. 13.17 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 CITY. If such use, occupancy, or operation increases the cost of or delays the Work, the DESIGNBUILDER shall be entitled to extra compensation, or an extension of time, or both, as reasonably determined by CITY. However, if DESIGN /BUILDER 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. 13.18 DESIGN /BUILDER'S RESPONSIBILITY FOR WORK. Until acceptance of the Work by the CITY, it shall be under the charge and care of the DESIGN /BUILDER, 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 DESIGN /BUILDER 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. 26 14.0 MEASUREMENT AND PAYMENT 14.1 DETAILED BREAKDOWN OF CONTRACT. The DESIGN /BUILDER 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. This breakdown of the contract amount shall be tied to Project Segments based upon a logical and efficient sequence of progress. Upon approval of the breakdown of the contract amount by the CITY, it shall be used as the basis for all requests for payment. 14.2 REQUEST FOR PAYMENT 14.2.1 The DESIGN /BUILDER may submit to the CITY not more than once each month a request for payment for work completed. The DESIGN /BUILDER shall furnish the CITY all reasonable facilities and access 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. 14.2.2 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. 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. 14.2.3 An amount of 10% of each monthly pay request shall be retained until final completion and written acceptance of the Work by the CITY which, in the discretion of CITY, can be rendered upon final completion of any individual Project Segment. Payment of any outstanding portion of the retainage shall be included in the DESIGN /BUILDER's final pay request. Any deviation in the release or partial release of the 10% retainage shall be at the sole discretion of the CITY. 14.2.4 Any request for payment shall be accompanied by claim releases for work done or materials furnished. 14.3 CITY'S ACTION ON A REQUEST FOR PAYMENT 14.3.1 CITY 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. 27 14.3.2 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 as the CITY shall decide is due the DESIGNBUILDER, informing the DESIGN /BUILDER in writing of the reasons for paying the amended amount. (c) Disapprove the request for payment, informing the DESIGN /BUILDER in writing of the reasons for withholding payment. 14.4 CITY'S RIGHT TO WITHHOLD 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 DESIGN /BUILDER or CITY. (d) Failure of the DESIGN /BUILDER 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. 14.5 PAYMENT FOR UNCORRECTED WORK. Should the CITY direct, in writing, the DESIGN /BUILDER 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. 14.6 PAYMENT FOR REJECTED WORK AND MATERIALS. The removal of work and materials duly rejected and the re- execution of work by the DESIGNBUILDER shall be at the expense of the DESIGN /BUILDER, and the DESIGN /BUILDER 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, DESIGN /BUILDER shall pay for the same within thirty (30) days after written notice to pay is given by the CITY. If the DESIGN /BUILDER does not pay the expenses of such removal, after ten (10) days written notice being given by the CITY of its intent to sell 28 the materials, the CITY may sell the materials and shall pay to the DESIGN /BUILDER 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 DESIGN /BUILDER. 14.7 CHANGE ORDERS 14.7.1 If conditions require a change in the scope of work or additional work varying from the original Contract Documents, such change shall be effected by the DESIGN /BUILDER when the CITY issues a written Change Order. The Change Order shall set forth in complete detail the nature of the change, any impact on the project schedule, the change in the compensation to be paid the DESIGN /BUILDER 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 DESIGNBUILDER. 14.7.2 Compensation to be paid to the DESIGN /BUILDER for accomplishing the work of a Change Order shall be established in one of the following ways: (a) By lump sum proposed by the DESIGN /BUILDER and accepted by the CITY. (b) By unit prices established and agreed to. (c) By other methods as may be mutually agreed upon. (d) By force account wherein the DESIGN /BUILDER provides the labor and materials at DESIGNBUILDER's direct cost plus 15% for overhead and profit. When the force account method is used, the DESIGN /BUILDER shall provide full and complete records of all costs for review by the CITY. 14.8. CLAIMS 14.8.1 Claims arising from changes, additional costs or revisions made by the DESIGN /BUILDER at the CITY's request, or due to the actions of the CITY or its agents, shall be presented to the CITY before work starts on the changes or revisions. 14.8.2 If the DESIGN /BUILDER deems that extra compensation is due, the DESIGNBUILDER 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 DESIGN /BUILDER a method acceptable to the CITY for keeping strict account of actual cost, then the DESIGN /BUILDER hereby waives its request for such extra compensation. The CITY is not obligated to pay the DESIGN /BUILDER if the CITY is not notified as described above. Such notice by the DESIGN /BUILDER 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. 14.8.3 The DESIGN /BUILDER may refuse to perform additional work requested by the CITY, or the CITY may suspend work, until an appropriate agreement is executed by the parties. 29 14.9 CANCELLED ITEMS OF WORK 14.9.1 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 DESIGN /BUILDER 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 DESIGNBUILDER shall be allowed a profit percentage on the materials used and on construction work actually done, at the same rates as provided for "Change Orders but no allowance will be made for anticipated profits. 14.9.2 Acceptable materials ordered by the DESIGN /BUILDER or delivered on the site before the date of such cancellation or suspension shall be purchased from the DESIGN /BUILDER by the CITY at actual cost and shall thereupon become the property of the CITY or, if returnable, at the option of the CITY the materials may be returned and CITY shall pay any applicable delivery or cancellation charges. 14.10 PAYMENT FOR WORK SUSPENDED BY THE CITY. If the Work or any part thereof shall be suspended by the CITY, the DESIGN /BUILDER will then be entitled to submit a payment request for all work done. 14.11 PAYMENT FOR WORK DONE BY THE CITY. The cost of the work performed by the CITY removing construction materials, equipment, tools and supplies, cleaning up, or in correcting deficiencies in shall be paid by the DESIGN /BUILDER. 14.12 PAYMENT FOLLOWING TERMINATION OF CONTRACT 14.12.1 Termination by CITY for Cause. Upon termination of the contract by the CITY for cause, including abandonment or termination by DESIGN /BUILDER, the CITY may enter into an agreement with others for the completion of the Work under this Agreement. No further payments shall be due the DESIGN /BUILDER 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, DESIGN /BUILDER 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 DESIGN /BUILDER or its Surety shall pay the difference to the CITY. All work done, tracings, plans, specifications, maps, computer programs and data prepared by the DESIGN /BUILDER under this Agreement shall be considered property of the CITY. 14.12.2 Termination by CITY Without Cause. In the event the CITY without cause abandons, terminates or suspends this Agreement, the DESIGN /BUILDER 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 DESIGN /BUILDER shall remain the property of the CITY. 30 14.13 RELEASE OF CLAIMS. The DESIGN /BUILDER shall deliver, with each request for payment, a completed Affidavit and Release of Claim on a form supplied by CITY. Also, a Claimant's Sworn Statement of Account executed by each supplier or subcontractor who has notified the CITY of his right to file a Claim, or who is listed in the DESIGN /BUILDER's Affidavit and Release of Claim as an unpaid potential Claimant, must be attached to each request for payment. If the completed forms are not supplied with the request for payment, the CITY will notify DESIGN /BUILDER of the outstanding claims of record and, if said completed forms are not supplied within thirty (30) days, the CITY shall make joint payments to the DESIGN /BUILDER and outstanding claimants. 14.14 FINAL COMPLETION. The Contract will be considered complete when all work has been finished, the final construction review is made by the CITY, as -built plans and documentation has been submitted, and the Project accepted in writing by the CITY. 14.15 ACCEPTANCE AND FINAL PAYMENT. 14.15.1 When it is determined, as a result of a joint inspection of the Work by the DESIGNBUILDER and CITY, that there is Final Completion of the Work in accordance with the terms of the Contract Documents, the DESIGN /BUILDER may submit the DESIGN /BUILDER's final request for payment. The DESIGN /BUILDER'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. 14.15.2 As a condition for Final payment, a DESIGN /BUILDER's Final Affidavit must be received by the CITY along with full and final releases of Claim for labor, materials and equipment incurred in connection with the Work. Thereafter, CITY will release the DESIGN /BUILDER 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 DESIGN /BUILDER's final request for payment. 14.16 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT. The making of the final payment by the CITY to the DESIGN /BUILDER shall not relieve the DESIGN /BUILDER of responsibility for faulty materials or workmanship, or from the obligation to perform warranty work. 15.0 INSURANCE 15.1 LIABILITY INSURANCE 15.1.1 DESIGNBUILDER shall purchase and maintain the liability insurance described herein to provide protection from claims arising out of or resulting from DESIGNBUILDER's performance of the Work and DESIGNBUILDER's other obligations under the Contract Documents, whether such performance is by DESIGN /BUILDER, by any Subcontractor or Supplier, by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. 31 15.1.2 The liability insurance shall include liability insurance applicable to all of DESIGNBUILDER's obligations under the Contract Documents. DESIGNBUILDER agrees to pay on behalf of CITY, and to provide and pay a legal defense for, all such claims applicable to DESIGNBUILDER's obligations under the indemnification provisions herein. DESIGNBUILDER accepts as adequate compensation for the contractual liability insurance the amount contained in the Contract Documents. 15.1.3 Liability insurance coverage shall include as a minimum each of the following types of insurance: A. General Liability policy with limits for not less than $1,000,000 for each occurrence and not less than $1,000,000 aggregate with the following coverage: (1) Comprehensive Form. (2) Premises Operations. (3) Explosion and Collapse Hazard. (4) Underground Hazard. (5) Products /Completed Operations Hazard. (6) Contractual Insurance. (7) Broad Form Property Damage Including Completed Operations. (8) Independent Contractors. (9) Personal Injury [with Employment Exclusion deleted.] B. Automobile Liability policy with limits for not less than $1,000,000 for each occurrence and not less than $1,000,000 aggregate with the following coverage: (1) Comprehensive Form Including Loading and Unloading. (2) Owned. (3) Hired. (4) Non Owned. 15.2 [DELETED] 15.3 [DELETED] 15.4 PROFESSIONAL LIABILITY INSURANCE. The DESIGNBUILDER, or in the event the DESIGNBUILDER subcontracts the design services, then the DESIGNER shall provide and maintain a professional liabilities /errors and omissions insurance policy having minimum limits of $1,000,000 per claim with a maximum deductible of $100,000. Any professional liability shall delete any design/build exclusion that could adversely affect coverage because of the design/build format of the Contract Documents. Coverage shall be provided for full resultant damages. Such professional liability insurance certificates shall be provided to the CITY prior to commencement of design Work. 15.5 WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY. DESIGNBUILDER shall obtain full Worker's Compensation Insurance coverage for no less than the statutory limits and Employer's Liability Insurance coverage in limits not less than $100,000 for each employee for all persons whom it employs or may employ in carrying out the Work under the 32 Agreement. This insurance shall be in strict accordance with the requirements of the most current and applicable state Worker's Compensation laws. 15.6 GENERAL REQUIREMENTS 15.6.1 DESIGNBUILDER shall not commence or continue to perform any Work unless it, at its own expense, has in full force and effect all required insurance, and until all insurance Certificates and Endorsements have been filed evidencing the specific insurance coverage required, nor shall any payment for Work performed become due and payable until such Certificates and Endorsements have been filed. The DESIGNBUILDER shall not permit any Subcontractor, Supplier or other person or organization to perform Work on the Project unless the Worker's Compensation Insurance requirements have been complied with by such Subcontractor, Supplier or other person or organization. 15.6.2 Worker's Compensation and Employer's Liability Insurance shall be maintained in effect for the full Warranty Period, even as extended. Should any coverage approach expiration during the period in which it is to remain in effect, it shall be renewed prior to its expiration. 15.6.3 Insurance coverage shall be placed with satisfactory carriers licensed to do business in the State of Florida and countersigned by a resident agent. Insurers shall have at least an "A" Best's Rating and a Class XI or better financial category in accordance with the most current A. M. Best Company ratings. 15.6.4 At the time indicated in the Contract Documents, as evidence of specified insurance coverage, DESIGNBUILDER shall provide certificates of insurance evidencing the specific policies issued, the limits of coverage afforded, and the specific endorsements provided, all in accordance with forms prescribed by CITY. No alteration or substitution of said insurance certificate forms will be allowed, unless approved by CITY in writing. 15.6.5 If so requested in writing by CITY, DESIGNBUILDER shall deliver one (1) copy to CITY of each insurance policy purchased by DESIGNBUILDER pursuant to this Article within thirty (30) days of the request. 15.6.6 All the policies of insurance required of DESIGNBUILDER in the Contract Documents shall be endorsed to include CITY, each of its directors, officers, employees, representatives, agents or volunteers as additional insureds. The insurance afforded to these additional insureds shall be primary insurance. If the additional insureds have other insurance which might be applicable to any loss, the amount of insurance provided under DESIGNBUILDER's policies of insurance shall not be reduced or prorated by the existence of the other insurance. 15.6.7 All the policies of insurance so required of DESIGNBUILDER in this Article shall be endorsed to expand coverage as required in this Article. 15.6.8 Deductible /self insured retention amounts shall be subject to approval by CITY, 33 and shall be reduced or eliminated upon written request from CITY. The insurer's cost of defense including attorney's fees (and attorney's fees on appeal) shall not be included within the policy coverage but shall remain the responsibility of insurer. 15.6.9 Nothing contained in these insurance requirements is to be construed as limiting the liability of DESIGNBUILDER or DESIGNBUILDER's insurance carriers. It is to be understood that CITY does not in any way represent that the insurance (or the limits of insurance) specified in this Article is sufficient or adequate to protect DESIGNBUILDER's interests or liabilities, but are merely minimums. 15.6.10 Umbrella Liability Insurance shall not be more restrictive than the underlying insurance policy coverages. 15.6.11 All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by DESIGNBUILDER in accordance with the Contract Documents will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty days' prior written notice has been given to CITY by certified mail. 15.7 CITY'S INSURANCE. CITY shall have the option of purchasing and maintaining its own insurance without prejudice to its rights hereunder. Further, ilf DESIGNBUILDER fails to obtain or renew insurance or fails to maintain insurance in a form required by the Contract Documents, or if any insurance company DESIGN /BUILDER has procured insurance from declares bankruptcy, is declared bankrupt, or if the Insurer loses its "A" policyholder's rating or if its financial size category rating falls below Class XI in the most current A. M. Best's rating, CITY may procure insurance at DESIGN /BUILDER's expense in the coverage amounts required by the Contract Documents and shall be entitled to deduct CITY'S resultant costs from the Contract Price by issuing a Change Order. In lieu of procuring insurance at DESIGNBUILDER's expense, CITY has the option to stop or suspend the Work or terminate DESIGN /BUILDER's services as provided in the Contract Documents. CITY's actions under this paragraph shall not entitle DESIGN /BUILDER to an increase in Contract Price or an extension of Contract Time. 15.8 OBJECTION TO INSURANCE 15.8.1 Neither CITY's review of the coverage afforded by or the provisions of the policies of insurance purchased and maintained by DESIGNBUILDER, nor CITY's decisions to raise or not to raise any objections about either or both, shall in any way relieve or decrease the liability of DESIGNBUILDER. If CITY elects to raise an objection to the coverage afforded by or the other provisions of the insurance furnished, DESIGNBUILDER shall promptly provide to CITY such additional information as CITY may reasonably request, and DESIGNBUILDER shall remedy any deficiencies in the policies of insurance at once. 34 15.8.2 CITY's authority to object to insurance shall not in any way whatsoever give rise to any duty on the part of CITY to exercise this authority for the benefit of DESIGNBUILDER or any other party. 16.0 PUBLIC CONTRACT REQUIREMENTS 16.1 COVENANT AGAINST CONTINGENT FEES. The DESIGN /BUILDER warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the DESIGN /BUILDER, 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 DESIGN /BUILDER, 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. 16.2 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. 16.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING. The DESIGN /BUILDER agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the DESIGN /BUILDER 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 DESIGN /BUILDER to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this Project, the undersigned shall complete and submit Standard Form "Disclosure Form to Report Lobbying" in accordance with its instructions. Further, DESIGNBUILDER agrees to not lobby the governing body of CITY as to performance and other matters related to this Agreement. 16.4 INTEREST OF DESIGN /BUILDER. The DESIGN /BUILDER 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 DESIGN /BUILDER further covenants that in the performance of this 35 Agreement, no person having any such interest shall be employed. The DESIGN /BUILDER shall not undertake any professional work which conflicts with his duties as the CITY's DESIGN /BUILDER without the prior written consent of the CITY during the term of this Agreement. Any work where the DESIGN/BUILDER 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. 16.5 PUBLIC ENTITY CRIMES. The DESIGN /BUILDER has filed the 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. DESIGN /BUILDER has a continuous obligation to inform CITY if the status of compliance under this statement changes. 16.6 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. 16.7 COMPLIANCE WITH GRANTS. DESIGN /BUILDER shall perform the Work in conformance with the terms and conditions of any and all grants obtained by CITY for the funding of the Project, including but not limited to, DEP Agreement No. G0235. 16.8 BOND. The DESIGN /BUILDER 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. 16.9 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 DESIGN /BUILDER's licenses and registrations as well as permitting required for disposition of spoil material. DESIGN /BUILDER shall secure a building permit if required by the CITY's Building Official. 16.10 LAWS TO BE OBSERVED 16.10.1 The DESIGN /BUILDER shall give all notices and comply with all 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 its agents and representatives 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. 16.10.2 DESIGN/BUILDER 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 36 §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), and shall indemnify and save harmless the CITY and its agents and representatives against any expense, claim or liability arising from, or based on, the violation of any such law or regulation, whether by himself or his employees. 16.10.3 The DESIGN /BUILDER 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 Documents for this work in relation to any such law, ordinance, regulations, order or decree, he shall forthwith report the same to the 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, its 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. 16.10.4 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. 16.10.5 The failure of the DESIGN /BUILDER to adhere to any law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 17.0 MISCELLANEOUS 17.1 ADDRESSES FOR NOTICES. All notices given under or in connection with any of the Contract Documents shall be delivered in person or by e -mail, telegraph, or registered or certified mail to the parties at the address as either party may by notice designate. 17.2 WRITTEN NOTICE. Written notice shall be considered as served when delivered to the designated representative of the DESIGN /BUILDER and receipt acknowledged or sent by registered mail to the individual, firm, or corporation to the business address stated in the Proposal unless a notice of address change has been delivered. It shall be the duty of each 37 party to advise the other parties to the Agreement as to any changes in his business address until completion of the Agreement. 17.3 TAXES. DESIGN /BUILDER shall pay all sales or other taxes of any type that may be incurred in connection with the Work hereunder, and shall reimburse the CITY for any such taxes paid by the CITY. However, DESIGN /BUILDER agrees to cooperate with any direct purchase program that CITY, in its sole discretion, decides to implement, and will provide for direct invoicing of the CITY by its suppliers with the invoiced amount and the tax savings thereupon being processed as a deduction from the Contract Price. 17.4 NO WAIVER OF LEGAL RIGHTS. Neither the payment for, nor acceptance of the whole or any part of the Work by the CITY or representatives of the CITY, nor any extension of time, nor the withholding of payments, nor any possession taken by the CITY, nor the termination of employment of the DESIGN /BUILDER 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 DESIGN /BUILDER's obligations or duties under this Agreement constitute a waiver of any other obligation or duty of the DESIGN /BUILDER under this Agreement. 17.5 RIGHT TO WORK PRODUCT. No reports, data, programs or other material produced in whole or in part under this Agreement shall be subject to copyright by the DESIGN /BUILDER, 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 DESIGN /BUILDER, its officers, directors and employees, will be held harmless from such use. 17.6 NON AGENCY. DESIGNBUILDER shall perform all Work under this Agreement as an Independent Contractor and shall not be considered an agent of CITY, nor shall DESIGNBUILDER's DESIGNER, Subcontractors or Suppliers or employees be considered agents of CITY. DESIGNBUILDER and not the CITY shall be solely responsible to the DESIGNER, any and all Subcontractors and Suppliers, and all those employed by them for their costs, expenses, fees and profits, if any, in performing the Work. 17.7 COMPUTATION OF TIME. When any period of time is referred to in the Contract Documents by days, it shall mean calendar days and be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a Holiday, such day shall be omitted from the computation. 17.8 PARTIAL INVALIDITY. If any provision of this contract is held by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other parts of this Proposal if the rights and obligations of the parties contained herein are 38 not materially prejudiced and if the intentions of the parties can continue to be effectuated. To that end, this contract is declared severable. 17.9 CONSEQUENTIAL DAMAGES. In no event shall DESIGNBUILDER be entitled to recover from CITY any indirect, incidental, or consequential damages in any proceeding arising out of or relating to this Agreement or breach thereof. 17.10 SURVIVABILITY. All representations, indemnities, warranties and guarantees required by the Contract Documents, including the Warranty Period shall survive Final Payment and termination or completion of this Agreement. 17.11 DISPUTE RESOLUTION. Prior to initiating litigation as to any issue related to this Agreement, a party must offer in writing, absent exigent circumstances, to mediate the disputed issues with a certified mediator. If the offer to mediate is not accepted within one week, the offer to mediate shall be deemed rejected and the parties may proceed with available legal remedies. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST: LCD Chi C Cf Clerk Fo r Sally A. Maio, MMC,, City Clerk (SEAL) Approved as to Form and Content for: Reli by the City of Sebastian Only Rich Stringer, City)Attorney 39 THE CITY 0 SEBASTIAN er, III, City Manager Signed, sealed and delivered in the presence of: NAME: NAME: DESIGNBUILDER 40 S.E. CLINE CONSTRUCTION, INC. DESIGNBUILDER By:d Name: Zr*':4,wor;/ Title: Z%si��,✓T The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that S.E. Cline Construction, Inc. does: DRUG FREE WORKPLACE FORM 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: f7 2t 8 z Signature PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount for category two, 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. 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. for THE CITY OF SEBASTIAN. This sworn statement is submitted by S.E. Cline Construction, Inc. (name of entity submitting sworn statement) whose business address is 18 Utility Dr., Palm Coast, FL 32137 and (if applicable) its Federal Employer Identification (FEIN) is 59- 3370544 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is C.M. Cameron, Jr. (please print name of individual signing) and my relationship to the entity named above is V.P. Dir. Marine Ops. 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 fording 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. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) X 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 fmal order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) STATE OF FLORIDA COUNTY OF Flagler The foregoing instrument was acknowledged before me this 1 day of i 2008 by C.M. Cameron, Jr. Vice President (title on behalf of S.E. Cline Construction, Inc.(name of partnership), a partnership. He /she is personally known to me or has produced as identification and did (x) did not ce an oath. i tAAVYLS. Name: i a r\ rt 9 /Ct. CX' 5 My Commission Expires 10 1010 Commission Number: DI) S 7 3 LUANNE WATERS MY COMMISSION DD571364 4 4, EXPIRES: July 10, 2010 a I.BpI- YNOTARY fl. Notary Discount Assc. Ce. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR 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. INSR LTR IADD'Ll INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM /DD/YYI POLICY EXPIRATION DATE IMMIDD/YYI LIMITS A INSURED Oklawaha Farms, Inc. 9200 Dadeland Blvd Suite 705 Miami FL 331562715 GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 2068142308 3/7/2008 3/7/2009 EACH OCCURRENCE 500 000 1 X DAMAGE TO RENTED PREMISES (Ea occurence) 100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) 10,000 PERSONAL ADV INJURY 500,000 GENERAL AGGREGATE 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC JFCT PRODUCTS COMP /OP AGG 1,000,000 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 4222974500 11/7/2008 11/7/2009 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 X BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY EA ACCIDENT OTHER THAN EA ACC AUTO ONLY AGG B EXCESS /UMBRELLA LIABILITY OCCUR 1 CLAIMS MADE DEDUCTIBLE RETENTION 10,000 4222974501 3/7/2008 3/7/2009 EACH OCCURRENCE 5,000,000 X AGGREGATE 5,000,000 X C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR!%ARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC8400019999 3/13/2008 3/13/2009 WC ORY 1 IM IOTH- TORY ITS FR E.L. EACH ACCIDENT 500,000 E.L. DISEASE EA EMPLOYEE 500,000 E.L. DISEASE POLICY LIMIT 500,000 OTHER DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS FLORIDA STATUTE MANDATES 10 DAY NOTICE OF CANCELLATION FOR NON -PAY OF PREMIUM. 2q S fa.] q7 finN 9Dn? ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD /YYYY) 11/13/2008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN PRODUCER Wells Fargo Ins Services Southeast, Inc. 311 Park Place Boulevard Suite 400 Clearwater FL 33759 (727) 796 6666 (727) 791 5428 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC INSURED Oklawaha Farms, Inc. 9200 Dadeland Blvd Suite 705 Miami FL 331562715 INSURER A: Southern Owners Insurance Comp 10190 INSURER B: Auto- Owners Insurance Company 18988 INSURER C: FFVA Mutual Ins Co 10385 INSURER D: INSURER E: CITY OF SEBASTIAN, 1225 MAIN STREET SEBASTIAN FL 32958 FL RE:COLLIER CANAL S SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE COVERAGES CERTIFICATE HOLDER ACORD 25 (2001/08) Page 1 of 2 CANCELLATION ACORD CORPORATION 1988 ACORD CERTIFICATE OF LIABILITY INSURANCE 1 6/30/20 9 PRODUCER (386) 437 7767 FAX: (386) 437 -9226 Hayward Brown Flag ler, Inc. Yw 4 3200 E. Moody Blvd. P.O. Box 1669 Bunnell FL 32110 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC INSURED S.E. Cline Construction, Inc. P. O. Box 354425 Palm Coast FL 32135 -4425 INSURER A: Southern-Owners 10190 INSURER B: INSURER C: INSURER D: INSURER E: (772) 589 -5570 City of Sebastian David Fisher 1225 Main Street Sebastian, FL 32958 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE J Michael THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR J JNSRD T TYPE OF INSURANCE P POLICY NUMBER P POLICY ATE (MM /DD/YY) P POLICY DATE (MM /DDNY) L LIMITS CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001/08) INS025 (0108) ACORD CORPORATION 1988 Page 1 of 2 To: Main Street Indian River Drive and Main Street Sebastian, FL WARNING TO OWNER: UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE, TO AVOID A LIEN AND PAYING TWICE, YOU MUST OBTAIN A WRITTEN RELEASE FROM US EVERY TIME YOU PAY YOUR CONTRACTOR. 26- Jun -09 Copies to: NOTICE TO OWNER /NOTICE TO CONTRACTOR City of Sebastian 1225 Main Street Sebastian, FL 32958 CERTIFIED MAIL# 7008 1830 0003 9955 9203 The undersigned hereby informs you that he or she has furnished services or materials and related items as follows: Asphalt for the improvement of the real property identified as: Under an order given by: Hearndon Construction Florida law prescribes the serving of this notice and restricts your right to make payments under your contract in accordance with Section 713.06, Florida Statutes. If there is a PAYMENT BOND, DEMAND IS HEREBY MADE that within ten days of receipt, the owner is required by Florida Statutes Section 713.23, to furnish written notice of the existance, including the name and address of the surety and the principle under the bond of any payment bond furnished pursuant to section 713.23 Florida Statutes. IN THE EVENT THE CONTRACT FOR IMPROVEMENTS IS BONDED, PURSUANT TO SECTION 713.23, FLORIDA STATUTES, SECTION 255.05, FLORIDA STATUTES, TITLE 40 USC SECTION 270, OR ANY OTHER FORM OF BOND, THE UNDERSIGNED INTENDS TO LOOK TO THAT BOND FOR PROTECTION AND PAYMENT. THIS NOTICE IS NOT A LIEN, CLOUD OR ENCUMBRANCE UPON TITLE TO YOUR PROPERTY, NOR IS IT A MATTER OF PUBLIC RECORD. IMPORTANT INFORMATION FOR YOUR PROTECTION Under Florida's laws, those who work on your property or provide materials and are not paid have a right to enforce their claim for payment against your property. This claim is known as a construction lien. If your contractor fails to pay subcontractors or material suppliers or neglects to make other legally required payments, the people who are owed money may look to your property for payment. EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL. PROTECT YOURSELF RECOGNIZE that this Notice to Owner may result in a lien against your property unless all those supplying a Notice to Owner have been paid. LEARN more about the Construction Lien Law, Chapter 713 Part 1 Florida Statutes, and the meaning of this Notice by contacting an attorney or the Florida Department of Business and Professional Regulation. First Sealord Surety Inc 789 E Lancaster Ave, Ste 200 Villanova, PA 19085 CERTIFIED MAIL# 7008 1830 0003 9955 9272 H&D Construction Inc 1404 S 28th Street Ft Pierce, FL 34947 CERTIFIED MAIL# 7008 1830 0003 9955 9210 Hearndon Construction Inc 8145 Evernia Street, U -1 Micco, FL 32976 BY: SELENA DEWEY Dickerson Aggregates Inc PO Box 910 Fort Pierce, FL 34954 -0910 rd11LL VVOO\. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. AGGREGATE INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MOONY) POLICY EXPIRATION DATE (MM /DD/YY) LIMITS LTR JNSRD A X GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 78554418 11/05/2008 EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) 100,000 X 11/05/2009 MED EXP (Any one person) 10,000 CLAIMS MADE X OCCUR PERSONAL ADV INJURY 1,000,000 GENERAL AGGREGATE 2,000,000 PRODUCTS COMP /OP AGG 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO POLICY I JECT LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Comp $1,000 Ded 9646658400 0 5/31/2008 0 5/31/2009 COMBINED SINGLE LIMIT (Ea accident) 1 000 000 X BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) X X Coll $1,000 Ded GARAGE LIABILITY ANY AUTO AUTO ONLY EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE AGGREGATE I OCCUR CLAIMS MADE DEDUCTIBLE RETENTION WORKERS EMPLOYERS' ANY OFFICER/MEMBER If yes, PROPRIETOR/PARTNER/EXECUTIVE describe COMPENSATION AND LIABILITY EXCLUDED? under below I WC STATU- I 1 OTH 1 TORY LIMITS I I FR E.L. EACH ACCIDENT E.L. DISEASE EA EMPLOYEE E.L. DISEASE POLICY LIMIT A SPECIAL PROVISIONS OTHER Inland Marine Contractors Equip 78554418 11/05/2008 11/05/2009 All Risk Per Schedule DESCRIPTION Blanket OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS additional insured endorsement applies to General Liability. SO 8 IJU h figi enI?Z ACORD”, CERTIFICATE OF LIABILITY INSURANCE I DATE (MM /DD/YYYY) 10/30/2008 PRODUCER (386) 437 -7767 FAX: (386) 437 -9226 Hayward Brown Flagler, Inc. 3200 E. Moody Blvd. P.O. Box 1669 Bunnell FL 32110 INSURED S.E. Cline Construction Co. Inc. P. O. Box 354425 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Southern Owners INSURER B: INSURER C: INSURER D. NAIC 10190 CERTIFICATE HOLDER (772)589 -5570 City of Sebastian David Fisher 1225 Main Street Sebastian, FL 32958 ACORD 25 (2001/08) INS025 (ol oe). 08a ER E: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NQ OBLIGATION QR L,1ABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESEN AUTHORIZED REPRESENTATIVE CL".' ---►D' TIVES. ACOR'D PRATION 1988 Page 1 of 2 TNSR Ov LTR NSRC POLCMFFECTIVE TYPE OF INSURANCE POLICY NUMBER DATE (MMIDO1W) ICY EXPTUTiCATI J OATE (MiA)DDIYY) 4 LIMITS L GENERAL LIABILITY I h1t Ac:FI_ IhI F.�C.i_ ILEI LI i• I EACH 0 !RR =NC' E 1_'Nf:1F t TREK —T PRE:1 c E ;:r ..n F i CLA I q 1 7 7_: t<IEG E '1! ,r.- p :r; F'FR,30NAL AD' N LIP'Y 3 :E1' r >EGPTE LMT APPLIES E; FF r —_1 I F r r I =Ci I -rr GENERAL AGGEE A?E c: PFCIDU SON F IL AUTOMOBILE LIABILITY 1-- 1 Arc, .:.,,,IN.' ALL O<` :NIEDrUTC j CHE E: AIJTr'I- r l ED AI,'. t ars- ?i1'IJFD ai Try 1 I '"_CMBINIED Slty3t E UNIT E: ac ads[II SOD LYINJLIRY (P =rscni BJULY1NJURY Per a;ciaart q FRIJiPERT( D;MAGF 0-e, acad9rt1 r GARAGE LIABILITY AT, A i f AUTO :,11L'', E .Ci_IDEr'T EA .v: I OT THAN! C N AGG IA I B I i IC WORKERS EMPLOYERS AN I CFFir It f 5 'PBC!ALPF OTHER Professional EXCESS&UMSRELLALIABILITY 1 X O ^OLJP F1 CLO;M5A.1;DE i XLS0055289 11/05/08 L_ DEL.UCTIBLE r LX RETEI<T15t. 3 11/05J09 EACHOCCURR_NCF 2000000 _L$ AGGREGATE a 2000000 3. COMPENSATION ION AND LABILITY FnoFF,_I:R 4,- T .E4:r;: =:.L 1sE j WCV7035fi7^ 06/13/08 (tIE1.IEE- E J ;EE? :I u- 'r i I 1 06/13/09 X 1 T 4 1 i L I X 7 I L n F:. E Dar r 1000000 EE F.L DIE =AO: _A. E1PLCY 1000000 EL JI -P L' MIT 13 1000000 Liab 0908001103535 09/12/08 09/12/09 L 1000000 l000000 r DESCRIPTI'DN OF OPERATIONS! LOCATIONS/ VEHICLES 1 EXCLUSIONS A,DGEG BY ENDORSEMENT 1 SPECIAL PROVISIONS Fax 772 -589 -6209 IPRODUCER Dec, 1G' ')ryl_IS— i1. 3;?I?a '3r ACORD, CERTIFICATE OF LIABILITY INSURANCE !Capital Partners Insurance 1 298 S. Nova Road, Suite F jOrmond Beach FL 32174 1Phone:386 -672 -2827 Fax:386- 672 -5156 INSURED COVERAGES S.E. Cline Construction, Inc:. 18 Utility Drive Palm Coast FL 32137 CERTIFICATE; HOLDER ACORD 25 12001108) City of Sebastian 1225 Main Street Sebastian FL 32958 IL. -T OF IQ A M DATE (MMfDDFYYYY; SECLI -1 12/15/08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. NAIC 'I INSURERS AFFORDING COVERAGE !I•.�'REF'. Scatcsaaie Insurance Company iEISURER a. AmComp Irisu2_R c Lloyds of London ir•LEIJRER. r. Ir4:8UPER E 10346 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS CF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CANCELLATION CITYSES 1 SHOULD ANY OF THE ABOVE DESCPJBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 1 DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EUT FAILURE TC DD SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR L REPRESENTATIVES. AUTH7 AEPRESF FATI' ACORD CORPORATION 135 THE ANY MAY POLICIES. 1NBITABI LTR POLICIES REQUIREMENT, PERTAIN, NSRI OF INSURANCE L ;TED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR C )NDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE .FFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS: TOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. M TYPE OF INSI RANCE POLICY NUMBER POLICTEFFELTIVE DATE (MM/DD/YT) EXPIRATION DATE (MM/DDIYY) LIMIT S GENERAL LIABILITY COMMERCIAL GE ERAL LIABILITY EACH OCCURRENCE DAM** I U KEN I EU PREMISES (Ea occurerce) CLAIMS MAD I I OCCUR MED EXP (Any one person) GEIIL 7 PERSONAL ADV INJURY 8 GENERAL AGGREGATE AGGREGATE LB IT APPLIES PER: POLICY n PR JEI T I- LOC PRODUCTS COMP/OP AGG AUTOMOBILE LIABILIT ANY AUTO ALL OWNED AUT( 5 SCHEDULED AUT HIRED AUTOS NON OWNED AO )S COMBINED SENGLE LIMIT accident) BODILY INJURY person) (Per p) S BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) 8 GARAGELIABIUTY ANY AUTO AUTO ONLY EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGG A EJ(CESSIUMRRELLA X X LI SIILITY OCCUR E cLAIMSMADE DEDUCTIBLE RETENTION r 1CLS0045748 11/05/08 11/05/09 EACH OCCURRENCE 2000000 AGGREGATE x.2000000 S WORKERS COMPENSATION ND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER kECUTIVE OPFICERINEMRER EXCLUDE 7 If yyeess describe under SPECIAL PROVISIONS Scow WCV7035677 06/13/08 06/13/09 X ITORY LIMBS A ER E.L EACH ACCIDENT 1000000 6.L, DISEASE EA EMPLOYEE S L000000 EL. DISEASE POLICY LIMIT 1. 0 000 00 C OTHER Professional Lab 090800110353B 09/12/08 09/12/09 ?000000 .2000000 DESCRIPTION OF OPERATIONS I LI CATIONS 1 VEHICLES EXCLUSIONS ADDED BY EJNDORSEMENT SPECIAL PROVISIONS fax 772 -589 -5570/ Attn: David Fisher CIrrrysEB City of Si bas tian David Fisl.er 1225 Main Street Sebastian FL 32958 SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEI ORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILL RE TO DO SO SHALL. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Tag /q aurHOyyrDrAl /CSC/ I I _17 I V P Nov. 1 2008 1 Capital Partners C 1/1 ACORD CO 4PORATION 1988 THE POLICIES OF INSURAI CE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIR.THE INSUR/ NCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATELI TATS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IMP( LTR UU NS Wan TYPE OF IN :URANCE POLICY NUMBER POLICY EFFECTIVE M/ DATE (MDDIYY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS INSURED S.E. Cli le Construction, S E 18 Utili Drive It Palm CoaIt FL 32137 GENERAL LIABILFTY COMMERCIAL G NERAL LIABILITY AmComp 10346 INSURER B EACH OCCURRENCE UAMAbt I KtNItU PREMISES (Ea occurence) CLAIMS W )E OCCUR MED EXP (Any one person) GEN'L PERSONAL ADV INJURY GENERAL AGGREGATE AGGREGATE L AIT APPLIES PER: POLICY n F 24 LOC PRODUCTS COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) AUTOMOBILE LIABIL Y ANY ALTO ALL OWNED AU DS SCHEDULED AU OS HIRED AUTOS NON -OWNED Al -OS BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY EA ACCIDENT EA ACC OTHEF:THAN AUTO ONLY AGG B EXCESSIUMBRELLA X X .IABILFTY I OCCUR CLAIMS MADE DEDUCTIBLE RETENTION XLS0045748 11/05/07 11/05/08 EACH OCCURRENCE 2000000 AGGREGATE 2000000 A WORKERS COMPENSATIOI AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNEF EXECUTIVE OFFICER/MEMBER EXCLUD D? It yes, describe under SPECIAL PROVISIONS belay WCV7035677 06/13/08 06/13/09 X TORY LIMITS X O ER E.L. EACH ACCIDENT 1000000 E.L. DISEASE- EA EMPLOYEE 1000000 E.L. DISEASE POL CY LIMIT 1000000 C OTHER Professional Liab 0908001103538 09/12/08 09/12/09 2000000 2000000 DESCRIPTION OF OPERATIONS I .0CATIONS VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS fax 772 589 -557(/ Attn: David Fisher CITYSEB City of Sebastian David Fi ;her 1225 Mai 1 Street Sebastia 1 FL 32958 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED EEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHO$(ZFp REPRES 9 ATIyEi 4 /way VL L. L. LVVU U. 7JnITl -%dap 1 La 1 ACORD_ CERTIFICATE 1 al LiIcra OF LIABILITY Ivy. VI L'r INSURANCE SECLI -1 OP 10 AN THIS CERTIFICATE IS ISSUED AS A MATTER ONLY AND CONFERS NO RIGHTS UPON THE HOLDER. THIS CERTIFICATE DOES NOT AMEND, ALTER THE COVERAGE AFFORDED BY THE POLICIES DATE (MMIDDIYWY) 10/02/08 OF INFORMATION CERTIFICATE EXTEND OR BELOW. PRODUCER Capital Partners Insurance 298 5 Nova Road Suite F Ormond Beach FL 32174 Phone: 386-672-2127 Fax:386- 672 -5156 INSURERS AFFORDING COVERAGE NAIC# INSURED S.E. Cli le Construction, S E 18 Utili Drive It Palm CoaIt FL 32137 Inc INSURER A. AmComp 10346 INSURER B Scottsdale Insurance Company INSURER C: Lloyds of London INSURER D: INSURER E: CERTIFICATE HOLDER ACORD 25 (2001108) CANCELLATION P 1/1 ACORD A CO, CERTIFICATE OF LIABILITY INSURANCE 'DDUCER (386) 437-7767 FAX (386) 437 -9226 ayward Brown Flagler, Inc. 545 East Huy 100 O. Box 1669 unnell S'L 32110 :URED E. Cline Construction Co. Inc. O. LOX 359925 dm Coast JVERAGES FL 32135-4425 HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY OUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, 1E INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. 3GREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R ADD'L IINSRD TYPE OF INSURANCE EFFECTIVE POLICY EXPIRATION R PGLICY NUMBER 5 DATE (LI /DD/YY) Oil I E (MMAM/YY) LIMITS GENERAL LIAEILITY X COMMERCIAL GENERAL LIABILITY 1 CLAIMS MADE X I OCCUR( 78554418 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ET C LOC AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS 96.46658400 5/31/2008 5 /31/2009 SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X Coma dad $1,000 X Coll ded $1,000 I_ ANY LIABILITY ANY AUTO EXCESS /UMBRELLA LIABILITY I OCCUR 1 DEDUCTIBLE I RETENTION 1 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? It yes, describe under SPECIAL PROVISIONS below OTHER Inland Marine 7355441© Unscheduled Rental Equipment CRIPTION OF OPERATIONS /LOCATIONSNEPIICLES /EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS rIFICATE HOLDER :D 25 (2001/08) 9 rnsnal A 114 II CLAIMS MADE For Information Only VMP Morlaane Solutions. Inc (800)32 -0545 DATE (MM /DD/YYYY) 6/2/2008 THIS CERTIFICATE ONLYAANDCONFERS RIGHTS UPON I CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A Auto Owners Insurance Co. INSURER B: Southern Owners Ins. Co. INSURER C. INSURER 0: INSURER E: 11/5/2008 11/5/2009 11/05/2008 11/05/2009 CANCELLATION EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrenceL S MED EXP (Any one person) 5 PERSONAL E ADV INJURY GENERAL AGGREGATE PRODUCTS COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per eccIdrnl) PROPERTY DAMAGE (Per accidenl) AUTO ONLY EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: EACH OCCURRENCE AGGREGATE AGO I TORY LIMITS J I E.L. EACH ACCIDENT E.L. DISEASE EA EMPLOYEE 5 E.L. DISEASE POLICY LIMIT 5 NAIC 18988 10190 8 S S s S 5 E S 5 1,000,000 1,000,000 5,000 1,000,000 2,000,000 2,000,000 1, 300,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED 70 THE LEFT, BUT FAILURE 70 CO 50 SHALL IMPOSE 140 OBLIGATION OR LIABILITY OF ANY KIND UPON THE IA SURER, ITS AGENTS OR REPRESENTATIVES. $U J-IORI7_ED EPR S NTATIVE ©ACORD CORPORATION 1988 Page 1 of 2 wart LTR NUU INSRC L TYPE OF INSURANCE POLICY NUMBER DATE (MM /DD/YY) P DA E (MM /DD//YY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE VAMAOt I U N N I bU PREMISES (Ea occurence) CLAIMS MADE X OCCUR MED EXP (Any one person) PERSONAL 8 ADV INJURY GENERAL AGGREGATE GEN'L AGGREGATE 1 POLICY LIMIT APPLIES JECT JECT PER: LOC PRODUCTS COMP/OP AGG AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED COMBINED SINGLE LIMIT (Ea accident) AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGG B EXCESS X /UMBRELLA LIABILITY OCCUR I I CLAIMS MADE XLS0045748 11/05/07 11/05/08 EACH OCCURRENCE 2000000 AGGREGATE 2000000 X DEDUCTIBLE RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE WCV7035677 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 06/13/08 06/13/09 X WC STAI U- TORY LIMITS X OTH- ER E.L. EACH ACCIDENT 500000 E.L. DISEASE EA EMPLOYEE 500000 E.L. DISEASE POLICY LIMIT 500000 OTHER ESCRIPTION OF OPERATIONS LOCATIONS VEHICLES EXCLUSIONS n nnFn RV ennoee..o.r one Y INSURANCE OP ID DATE (MM/OD/YYYY) SECLI -1 06/04/08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: ArnComp INSURER B: Scottsdale Insurance Company INSURER C: INSURER D: INSURER E: NAIC 10346 ACORD,. CERTIFICATE OF LIABILIT PRODUCER Capital Partners Insurance 298 S. Nova Road, Suite F Ormond Beach FL 32174 Dne:386- 672 -2827 Fax:386- 672 -5156 INSURED COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR 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. ax 386 446 -6481 ERTIFICATE HOLDER S.E. Cline Construction, Inc. 18 Utility Drive Palm Coast FL 32137 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHMEP ES P1A TDIS ORD 25 (2001/08) For Information Only INFO ©ACORD CORPORATION 1988 INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM /DD/YY) POLICY EXPIRATION DATE(MM /DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY DAMAGE IO RENIED PREMISES (Ea occurence) CLAIMSMADE I OCCUR MEDEXP(Anyoneperson) PERSONAL B ADVINJURY GENERAL AGGREGATE GENT AGGREGATE LIMIT APPLIES PER: I POLICY Fl PE� I LOC PRODUCTS COMP /OP AGG AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANYAUTO AUTO ONLY EAACCIDENT OTHER THAN EA ACC AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE OCCUR 1 CLAIMSMADE AGGREGATE DEDUCTIBLE RETENTION I SPECIAL WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER /MEMBER EXCLUDED? If yes, describe under PROVISIONS below WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT E.L. DISEASE EA EMPLOYE E.L. DISEASE POLICY LIMIT 4CEI I OTHER MEL (Jones Act) USL &H M6070179 INCD00151 -06 07/23/07 07/23/07 07/23/08 07/23/08 Limits $1,000,000 Limits $1,000,000 DESCRIPTION OF OPERATIONS LOCATIONS VEHICLE S EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Navigators INSURER 8: ALMA INSURER C: INSURER D: INSURER E: DATE (MM /DD/YYYY) 11/2/2007 NAIC# ACQRD. CERTIFICATE OF LIABILITY PRODUCER Paul Lynch Associates, Inc. 701 N Federal Hwy, Suite 401 Stuart, FL 34994 72 232 -9371 INSURED S.E. Cline Construction Inc. Post Office Box 354425 Palm Coast, FL 32135 1 (386) 446 -6426 ri.X 3 -446. bar! COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR 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. 1 ACORD25(2001 /08) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATI LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATI AUTHORIZED ACORD CORPORATION 1988 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VNTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR 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. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DD/YY) POLICY EXPIRATION DATE (MM /DD/YY) LIMITS A NAIC GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 78554418 11/5/2007 11/5/2008 EACH OCCURRENCE 1,000,000 X DAMAGE TO RENTED PREMISES (Ea occurrence) 1 000 000 I CLAIMS MADE X OCCUR MED EXP (Any one person) 5,000 PERSONAL &ADVINJURY 1,000,000 GENERAL AGGREGATE 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP /OP AGG 2,000,000 X POLICY JECT I 7 LOC B AUTOMOBILE LIABILITY ANY AUTO ALLOWNEDAUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Comp ded $1,000 9646658400 5/31/2008 5/31/2009 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 X BODILY INJURY (Per person) BODILY INJURY (Per accident) X PROPERTY DAMAGE (Per accident) X Coll ded $1,000 GARAGE LIABILITY ANY AUTO AUTO ONLY EA ACCIDENT OTHER THAN EA ACC H AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE I OCCUR I I CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below I TORY LIMITS I I OER E L. EACH ACCIDENT E.L. DISEASE EA EMPLOYEE E.L. DISEASE POLICY LIMIT A OTHER Inland Marine Unscheduled Rental Equipment 78554418 11/05/2007 11/05/2008 Per Schedule $100,000 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS 6C T hid 9 130 8fM1. 4 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) 10/2/2008 FAILURE INSURER, PRODUCER (386) 437 -7767 Hayward Brown Flagler, 1545 East Hwy 100 P.O. Box 1669 Bunnell FL FAX (386) Inc. 32110 437 -9226 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC INSURED S.E. Cline Construction, P. O. BOX 354425 Palm Coast FL Inc. 32135 -4425 INSURER A: Auto Owners Insurance Co. 18988 INSURER B: Southern Owners Ins. Co. 10190 INSURER C: INSURER D: INSURER E: (772) 589 -5570 City of Sebastian David Fisher 1225 Main Street Sebastian, FL 32958 SHOULD EXPIRATION 30 DAYS ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE ITS AGENTS OR REPRESENTATIVES. FAILURE INSURER, THOR W REPRESENTATIVE LLLI COVERAGES ACORD 25 (2001/08) INS025 (0108).06 AMS CANCELLATION VMP Mortgage Solutions, Inc. (800)327 -0545 ACORD CORPORATION 1988 Page 1 of 2 TRENCH SAFETY ACT COMPLIANCE 1. The bidder acknowledges the existence of the Florida Trench Safety Act (hereinafter cited as the "Act and the requirements established therein. 2. The bidder further acknowledges that the Act established the Federal excavation safety standards set forth at 29 CFR Part 1926, Subpart P as the Interim State standard applicable to this project. 3. The bidder will comply with all applicable trench safety standards, during all phases of the work, if awarded the contract, and will ensure that all subcontractors also comply with the Act. 4. The bidder will consider the geotechnical information available from the Owner, from its own sources, and all other relevant information in its design of the trench safety system it will employ on the subject project. The bidder acknowledges that the Owner is not obligated to provide such information, that he is not to rely solely on such information if provided, and that he is solely responsible for the selection of the data on which he relies in designing said safety system, as well as for the system itself. 5. The bidder acknowledges that included in the Total Price in the Bid Form are costs for complying with the Florida Trench Safety Act which is in effect as of October 1, 1990. 6. The amount in Item 5 herein includes the following Trench Safety Compliance Methods and the units of each safety measure. The unit costs and the unit prices are shown solely for the purpose of compliance with the procedural requirements of the Act. Trench Safety Unit Estimated Unit Extended Compliance Method (LF, SY) Quantity Cost Cost Sloped Excavation L.F 5,500 $5.00 $27,500.00 Base Bid Trench Box Sheeting N/A 7. Acceptance of the bid to which this certification and disclosure applies in no way represents that the Owner or its representatives have evaluated or determined that the above costs are adequate to comply with the applicable trench safety requirements, nor does it in any way relieve the undersigned of his sole responsibility for complying with all applicable safety requirements. END OF SECTION AUDIT NO.: 0709- CG/ /Arw:t C //!/!C4/' /P /('//l L /.JPCI /C Y /�'I YO e�� /II .7 /III:., IC L C/r,//I(C%C/" :i1V'e CCJ CERTIFICATE OF AUTHORIZATION NUMBER: 27689 EXPIRATION: 28- FEB -09 DISPLAY AS REQUIRED BY LAW GOVERNOR S.E. Cline Construction, Inc. P. 0. Box 354425 Palm Coast, FL 32135 Gentlemen: Florida Department of Transportation CHARLIE CRIST 605 Suwannge Street Tallahassee, FL 3'1399 -0450 RE: CERTIFICATE OF QUALIFICATION The Department of Transportation has qualified your company for the amount and the type of work indicated below. Unless your cornoany is notified otherwise, this rating will expire December 31, 2008. However, the new is due October 31, 2008. In accordance with S.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements and, if applicable, the audited interim financial statements. Section 337.14(4) F.S. provides that your certificate will be valid for 18 months after your financial statement date. This gives a two month period to allow you to bid on jobs as we process your new application for qualification. To remain qualified with the Department, a new application must be submitted subsequent to any significant change in the financial position or the structure of your firm as described in Section 14- 22.005(3), Florida Administrative Code. MAXIMUM CAPACITY RATING: $51,600,000.00 WORK CLASS RATINGS: October 22, 2007 1. Major Bridges: a. Bridges which include Bascule Spans b. Bridges which include Curved Steel Girders c. Bridges with Multi -Level Roadways d. Bridges of Concrete Segmental Construction e. Bridges whi '-h include Stee] T''. ss Cony *_1 i _'r f. Bridget which include Cabie :Layed Construction g. Bridges of conventional construction which are over a water opening of 1000 feet or more 2. Intermediate Bridges (Bridges that contain none of the type of construction listed under Major Bridges and span lengths exceeding 50 feet (center to center of cap) 3. Minor Bridges (Bridges with span lengths not exceeding 50 feet (center to center or cap) and total length not exceeding 300 feet. A Minor Bridge shall not contain any types of construction listed under Major Bridges or Intermediate Bridges) X 4. Bascule Bridge Rehabilitation 5. Grading (Includes clearing and grubbing, excavation, and embankment)... X 6. Drainage (Includes all storm drains, pipe culverts, culverts, etc.).... X 7. Flexible Paving (Includes limerock and shell base and other optional base courses, soil- cemented based, mixed -in -place bituminous paving, bituminous surface treatments, and stabilizing; X 8. Portland Cement Concrete Paving 9. Hot Plant -Mixed Bituminous Structural and Surface Courses www.dot.state.fl.us STEPHANIE C. KOPELOUSOS SECRETARY RECYCLED PAPER S.E. Cline Construction, Inc. October 22, 2007 Page Two SPECIALTY CLASSES OR WORK: Bridge Fender System Repair /Replacement, Structural Pile Jackets, Marina Slips, Marine Piling, Mechanical Dredging and Seawalls X You may apply, in writing, for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14- 22.0041(3), Florida Administrative Code. Please be advised if certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. Also, refer to the note at the bottom of Page 16 of the Application for Qualification when supplying additional information. JM :cj 12/89 (SEE NOTES ON REVERSE SIDE) Sincerely yours, -mow u .L_ Juanita Moore, Manager Contracts Administration Office 47 tC Q c O c o �t G) L cn o W w E d Q Z O o co 1 o d CO C U co IC a) L c o r 'a 1C C) o tat Jmcoo0c!) 0 cts 0. ca U a) c =a a d N CO d v 0 a) W 'a o N Z W CO L 1- A CD +2.+ L 0 O O r v cu to H W o W O d O? N CO O CO N CO �t O a J 6 M M M et et to to t0 t h co A z W y� -�y O ,il co co co co co co co co 0 co Q) Q A N ;:I N O 0 c S d a. a. a L w N d a) ca CL w N w 0 IQ C) a 0. Rating the Applicant 1.4-22.003(2) (a) 2.a a. Notwithstanding the requirements in Rule Sections 14 22.003 (2) (a) and 14- 22.003 (2) (a) l.a., i.b., l.c., 1.d., and 14.22.003 (2) (a) 2. above, the AF, Ability Factor) will be limited to a maximum of 4, if the applicant receives an ability score of 76 or less on the initial application, or receives an ability score of 76 on two or more Prime Contractor.Past Performance Reports on file for projects completed during the 12 month period preceding the applicant's fiscal y.ear ending date for which the Certificate of Qualification is being issued. The use of a surety commitment letter to raise the. MCR is prohibited under this limitation. b. This AF limitation will remain in effect during the current qualification period. Rating the Applicant 14- 22.003 (2) (b) (b) Bonding Capacity. L Except for the provisions of Rule 14-22.003 (2) (a) 2.a above, an applicant qualifying for a positive rating tinder the above provisions, has an Ability Score of 80 or hitzher'and has a Current Ratio Factor of at least 1,00, shall be allowed to raise it's MCR upon receipt of evidence of a current bonding capacity exceeding the calculated MCRIrom a surety company authorized to do business in Florida. Such evidence shall be in the form of a letter of commitment executed by an officer of the surety who is authorized to bind the surety, with power of attorney attached. The surety letter must be dated within four months of the request and cover the certification period. The limit for an MCR issued on the basis of such bond commitment for applicants with an Ability Score of 80 through 90 will be determined by the following "Surety Capacity "formula: In which: SC= SM= MCR= CRV= TRV= SC SM x MCR x (CRV TR APPLICABLE SECTIONS OF RULE 14 -22 F.A.C. THAT STIPULATE THE REQUIREMENTS FOR USING A SURETY TO INCREASE BIDDING CAPACITY Surety Capacity Surety Multiplier (Determined from Ability Score- Surety Multiplier Table as provided on front of worksheet) Maximum Capacity Rating (Detemnined as provided in 14- 22.003 (2) (a) Construction Revenues (As set forth in applicant's financial statements per 14- 22.002 (2) (c) 2. Total Revenues (As set forth in applicant's financial statement) 2. Except for the provisions of Rule 14- 22.003 (2) (a) 2.a above, the MCR for firms that have an Ability Score of 91 or greater will be the "Aggregate of Contracts" amount stipulated in the surely commitment letter. An MCR established through the use of a surety commitment letter shall not exceed the "Aggregate of Contracts" amount stipulated in the surety commitment letter. 3. Use of a surety commitment letter to increase an applicant's Maximum•Canacity Rating will only be considered If at the time of application llte'aoplicant's Current Ratio Factor is at least 1.00 as defined in Rule Section 14- 22.003(21fa'3.. and the applicant has an Ability Score of 80 or higher. No event(s) during the qualification period subsequent to the ending date of the audited financial statements used for qualification will be considered in determining an applicant's Current Ratio Factor. Eligibility for obtaining Proposal Documents 14- 22.008 (5.) (R.7 /01) (5) A qualified bidder will be issued proposal documents for any number of projects, provided the estimated contract amount of any individual project requested does not exceed their Current Capacity. Except for the provisions of Rule 14- 22.003 (2) (a) 2.a above, Qualified firms that desire to bid a uroiect which exceeds their Current Capacity. and whose Current Ratio Factor was at least 1.00' based on the financial statements used for curtatt 4ltaiification. and thathave an Ability Score of 80 or hitcher. will be allowed to bid that specific nroiect jf the frm furnishes a commitment letter from a surety company authorized to do business in Florida that does not emceed the firm's Surety Canacitv as established by 14- 22.003(2)(b') 1. AC# 2639015 DATE AC# 2695169 BATCH NUMBER JEB BUSH GOVERNOR 2639103 BATCH NUMBER u6/30/2006 1058093029 CGC061947` SOWERS, SCOTT DALE S E CLINE CONSTRUCTION INC 18 UTILITY DRIVE PALM COAST FL 32137 JEB BUSH GOVERNOR STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ #L060630006:89 BATCH NUMBER LICENSE NBR 06/30/2006 058089163 CGCO57450 The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS, Expiration date: AUG 31, 2008 CLINE, SAMUEL EDGAR S E CLINE CONSTRUCTION INC 1640 LAMBERT AVE FLAGLER BEACH FL 32136 JEB BUSH GOVERNOR L— DISPLAY AS REQUIRED BY LAW STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ #L06080300945 LICENSE NBR 08/03/2006 1068020630 CGC061970 The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2008 CAMERON, CHARLES MORTON JR S E CLINE CONSTRUCTION INC 18 UTILITY DR PALM COAST FL 32137 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ #L06063000777 LICENSE NBR The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2008 DISPLAY AS REQUIRED BY LAW DISPLAY AS REQUIRED BY LAW SIMONE MARSTILLER 'SECRETARY SIMONE MARSTILLER SECRETARY SIMONE MARSTILLER SECRETARY cc cc p -J W ¢o Ww W O D Ooo o m W 4 Y O d w m M M Q W J F.- O F- mWO W DD O m� F- o Q Z N° w W U J W mm m W M m Q W' U1- U WW _it U'Qdp <000 a m g<O J O JJ J c�2Um W W Q� wJ J UJ Z Z o o S. m¢ W N p, K O WO ZW W m W W JJ J W LL i t 2 Ja BOO �YY Z Y U .c JQwy Ow W'W' }K Ww Z.= OD w Y00U o 0000 m U YO 0 c,_° m 00 Um� m m m m w J DO t7 m le 00 CC J op W W OOmQ n' U W W I m o W �Za W Z c3 W U1 F" p }W W i2 '2-1 W Y F-YKc Z0 Q WO p J J p mt L J J U 00 W W W Q Q'OioZx W F' mm U-Q S U W OJ WF O W w W W W W CC I__ I m W p W to (v J W Q OO O W I -UUw >O YY W Q J W�V1d NtA (n m o pp p of Z W' In J O 02 -00 W m(n at �W J c_)0 M of Ou'1NU'1 in in in Cn of io K W m0 W'W'W MW v z -i oW00 F- 1W001 u W W QU U XWTXXX xx XX XX w c La a U)(n 3 00 }J }ZZ W O� 0zz O z z co lY_ O(q ll)00 00 N F- Z W ¢X W 2 W W mu_ f•-000 bb to O O F J ZZO Q Z OO X(9 W XXX X X XX X X O W 5 N ¢O W» M ¢��U- UF-F- wW00 x O U) (1) W' p W U U N N U_ c_, O T- cn CO U) st a ill ul N cD �y- cu M NM N W V) N CO -cO V cV F- F- F- F- 0 0 co Y J 0 U Q Q PC Q Q d W co CI r- m W CO ce Cr JZ ZZ WW JJJ w Jw z ZU) 3o W w 0 00 00 O OJ0 0 Q¢1 0W q') z W J o W w 0 0) W W W W W W W O r W 06 0 0 Z Q U O N>F_ W W o 0 »o >0> D w MU U W W O 0 U F-m Zz #1 0 000=20m—m0SWWw22m mmmm mm g C W W J J U O Z Z LL LL U U u U 2` U S U 0 Z o Q Q= Q Q Q Q Q Q O,- N (1) w w W w W w o( r d )c Q m r v -m g c? 1q y (u M 1- u)(oL eo co m co m ao 7- (0 N M O W o w S N O N M 0 0 0 v gi 7 N M N W W et O D U U U U U 00 0C) 0 0 00 U- F- F= F F- O W 2WW U NM 0O N MNN N.--NN N .-.-U UU U 222M22 2 22 2 2 22 g g M 2 22 2 2 U J 2 f— Z C W 02 U 0 Ow LLI CC w„ z p L L Q 0 CC CO 0 0 O c �d w cn a F- m O W W m J W (n Z 0 w O Zm m m Q> OO D (o0 F- 0< E W 0 W W X z Z p O Y W O Y J U W ,iii a z U g W W W da OOw ¢Q Y Y O O O m co x W w C W W W W W O pp SS W WWw W ZO QdQ gm Oym O W.W W U WN W WW W W0W QQQ W W U Y U` W 70 W ~F" 00 0 E� i Noah a <h O¢�Q�Q OZO 000 aJ �a F o m0_ 000- N 00 00 J JO W W O W ¢Qm W d= W W W W O o C7 cc 2c-) pXJp JJJ -C70S W SS mm mm 'n O F- 'n O Y 3 M MM 0 p 2 F I F- W O W' d't0�� W U)) N N l� CO CO L O ON NM N N o n 002 Z M U U m( N U) Um (D LOD MQp M W (n 1� m 00t0 0 OMO) m0O)T d <T V fOo ce M MUMNMUUM 0 0 NN0 H LOW 0 UU W W'N LDLO Nv2 W'1- a C) 0 m 0 0 ymmW .1H53g a c, cc u, mL Z �w w W C C mLrmWm� m r ggCC 11.1 JJJJw a Q g oo g g�� ¢gam ggg0g� g w 0 CC J J W JJJ W g g 0 W O WW WW W W p °MO2RU dd H d W W W J JJ [L J F6 Em z 0 �¢zz00 recemw ww zw 5 CYW'JW www -1-- mce� ccw w W wz zQ00 ww W F-F- W pQ E w F w www- ,51 -mmr- J wzz¢ aw0 w wwOww W 0 0000_1 0 D F- 2=� U) an mNW Om J UVO mUUUO0 m NM U U U Y O0 ¢0 o- u) U V OO F UUU U) Mu) (O J MCr u) m NOS m S2 F- u) t On W H M sf cO ll. �u) F- N D a W �UU LL W cc N N N N n J J J J J J J n F- h- a Q¢ 2 =S S ac OO <L m M m 0)m 0 0` 1 ym Li Wac W W �3> 3> 3> 3> m ppp EC 3> 3> 3> 3> i> i> 3> aC W W W 0 0 t- F F F F- FF -1-F -h a W W W W O 5 000 n fA to CO F- 1- F -hF-F- Y O 0 Jean Tarbell From: David Fisher Sent: Thursday, October 02, 2008 3:12 PM To: 'Hap Cameron'; marine @clineconstruction.net Cc: Alfred Minner; Rich Stringer; Jean Tarbell Subject: RE: Collier Canal Project NOTICE TO PROCEED WITH DESIGN S.E. Cline Hap Cameron: Further to your representation of insurance coverage and the requisite Performance Payment Bond materials and evidence of the recordation process now underway, this email transmittal is your official NOTICE TO PROCEED WITH DESIGN under your contract with the City of Sebastian for the design and construction of the City's Collier Canal Stormwater Retrofit Project. The effective date (Day #1) of this NOTICE TO PROCEED WITH DESIGN is today, 2 October 2008. David W. Fisher, P.E. City Engineer City of Sebastian, Florida 10/2/2008 Page 1 of 1 CITY OF SEBASTIAN REQUEST FOR PROPOSAL DESIGN -BUILD SERVICES FOR COLLIER CANAL STORMWATER RETROFIT PROJECT 2 June 2008 COLLIER CANAL STORMWATER RETROFIT PROJECT REQUEST FOR PROPOSALS (RFP) VERTICAL BULKHEADS (VINYL) Proposals Due: No Later Than 11:00 AM, Thursday, July 10, 2008 S.E. Cline Construction, Inc. APPENDIX A PROPOSAL PRICE FORM The undersigned, having become thoroughly familiar with all of the RFP Documents and information incorporated herein, hereby proposes to perform everything required to be performed in conformity with the requirements of these documents, meeting or exceeding the specifications as set forth for the price(s) quoted below. The price(s) quoted is (are) inclusive of any Addenda issued prior to this submittal. By the signature below, the Proponent agrees that this Proposal is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded any work under this proposal, the Proponent agrees to enter into a conforming agreement within ten (10) consecutive calendar days notice by the City, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the below stipulated price which shall remain firm for one hundred twenty (120) days following submittal deadline date. THE PROPOSED PRICE(S) PROVIDED BELOW ARE ALL INCLUSIVE, GUARANTEED MAXIMUM unless otherwise stipulated. PROPOSED PRICE FOR BASE PROPOSAL: 399e3Zs [Entire length from approx. Sta. 10 +00 to Sta 70 +00] PROPOSED PRICE ALTERNATE PROPOSAL (IF APPLICABLE): 4 S''S 075 Provide a brief description of the Alternate Proposal, if any, on an attached sheet typed or printed and signed. NOTE: VENDOR WARRANTS SUBSTANTIAL COMPLETION OF CONSTRUCTION SHALL NOT EXCEED 365 CONSECUTIVE CALENDAR DAYS FROM THE DATE OF NOTICE TO PROCEED AND TOTAL CONTRACT TIME (FINAL COMPLETION) SHALL NOT EXCEED 400 CONSECUTIVE CALENDAR DAYS FROM THE DATE OF NOTICE TO PROCEED. Name of Firm (Please Type or Print) 18 Utility Dr., Palm Coast, FL 32137 (386) 446 -6426 Telephone Number(s) C.M. Cameron, Jr. V.P. Dir. Marine Ops. Name and Title of Authorized Representative (Please Type or Print) G.ice/. L 47 Signature of Authorized Repre ntative Date Signed Firm's Address (888) 465 -3598 marine @clineconstruction.net Fax Number(s) Email Address(es) ORIGINAL Page 15 of 16 2 June 2008