HomeMy WebLinkAbout2009 - Sunshine Land Design Inc - Schumann CourtsY o IN
PA ctv LkJf i!
�! It"
W� Y gt'SCU�P<
Cm of
NOME OF PELICAN ISLAND
CERTIFICATE OF PROJECT COMPLETION
Date Accepted: 2• y- /
Project Name&#: CC��I�I �SC�lUMA/�I
Total Project Expenditures:o�� 8 t l 9 g
Project Location: 5LH U M A tJ tvJ -�>A 12 V
Pursuant to the above captioned contract and in compliance of same, we the undersigned do
hereby certify that this project is complete.
Issuance of this certificate releases the contractor from any further responsibility except as
stipulated in the contract as is relates to bond performance, payment of subcontractors, release or
liens, maintenance and indemnity. All contractual obligations as to warranty, insurance,
indemnification and patents, shall remain in full effect for the contractually stipulated period of
time. In no way does the issuing of this certificate release the Contractor from all legal
obligations as stipulated in Chapter 713 of the Florida Statutes.
Therefore, having reviewed the contract and inspected the work, the undersigned to hereby accept
the segment as being complete.
/
ate
ZN/
Da e
Date
-210 //
Date
Date
CITY OF
SEAN
HOME OF PELICAN ISLAND
1225 MAIN STREET • SEBASTIAN, FLORIDA 32958
TELEPHONE: (772) 589-5330 • FAX (772) 589-5570
June 15, 2009
Ms. Margaret Fenton
Vice President
Sunshine Land Design, Inc.
3291 S.E. Lionel Terrace
Stuart, FL 34987
Re: Notice To Proceed
Dear Ms. Fenton:
You are hereby notified to commence work on June 15, 2009, per the terms and
conditions of the executed bid you submitted on May 14, 2009 in the amount of
$119,000.00 and the signed Agreement enclosed, dated June 15, 2009 for the
construction services of Schumann Park.
The Project Manager is Chris McCarthy, Parks Superintendent. All substantial
communication pertaining to this project should be directed to him. You may reach Chris
at 772-633-2801.
We look forward to working with you.
Enclosure
an OF
z
HOME OF PELICAN ISLAND
1225 MAIN STREET • SEBASTIAN, FLORIDA 32958
TELEPHONE: (772) 589.5330 • FAX (772) 589.5570
May 28, 2009
Ms. Margaret Fenton
Vice President
Sunshine Land Design, Inc.
3291 S.E. Lionel Terrace
Stuart, FL 34987
Re: Notice of Award
Dear Ms. Fenton:
This is to advise that at the Regular Sebastian City Council Meeting held on Wednesday, May 27,
2009, the Sebastian City Council awarded the Schumann Basketball and Tennis Courts Bid to
your firm, in the amount of $119,000,00 per the price stipulated in your Bid Proposal Form, dated
May 14, 2009.
You are required by the bidding documents to execute the Agreement Document(s) enclosed and
furnish the required payment and performance bonds. The Contractor is required to record all
Payment and Performance Bonds and provide the City with the recorded bond or receipt showing
said recording.
Once you have executed the enclosed Agreement Document(s) please return to my attention.
Upon final execution a fully executed Agreement Document will be returned to you.
Prior to issuing the Notice to Proceed, the contractor must be in compliance with all necessary
licensing and permitting through the Sebastian Building Department. Please do not start work
until a written Notice to Proceed is issued from the City.
In the meantime, if you should have any questions, please feel free to contact the City Manager,
AI Minner at 772-388-8203.
Sincerely,
Jean M. Tarbell
Executive Assistant
Enclosure (s)
CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT made this /~ day of , 2009, by and between the
CITY OF SEBASTIAN, a municipal corporation of the tate of Florida, 1225 Main Street,
Sebastian, Florida, 32958, ("City") and ("Contractor.") Sunshine Land design, Inc., 3291 SE
Lionel Terrace. Stuart, FL 34987 authorized to do business in the State of Florida.
WHEREAS, the City desires to engage a licensed contractor who has competence and
experience in providing construction services necessary to complete the Project hereunder;
and,
WHEREAS, the Contractor represents that it has such competence and experience in
providing these services; and,
WHEREAS, the City in reliance on such representation has selected the Contractor in
accordance with its procedure for selection of Contractor; and,
WHEREAS, the City and the Contractor desire to reduce to writing their understanding
and agreements on such professional services.
IT IS, THEREFORE, AGREED as follows:
ARTICLE I -The Contractual Relationship
1.0 EMPLOYMENT OF CONTRACTOR
The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to
perform professional services for the City in accordance with this Agreement to PROVIDE
SCH[iJMANN PARK CONSTRUCTION SERVICES PER PLANS AND
SPECIFICATIONS. This Agreement is not an exclusive agreement and the City may
employ other contractors, professional or technical personnel to furnish services for the City as
the City in its sole discretion finds is in the public interest.
The Agreement shall not be construed to create a contractual relationship of any kind between
the City and the Subcontractor(s), or, between any person or firm other than the City and
Contractor.
The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any
portion thereof, or of his right, title of interest therein or his obligations thereunder, or moneys
due or to become due under this Contract.
2.0 AGREEMENT DOCUMENTS
The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this
Agreement, Supplemental Agreement(s), Notice of Invitation to Bid, Instructions for Bidders,
Bid Proposal, Bond Forms, Bid Specifications and Scope of Work, Work Orders, Change
Orders, Addenda if any, any other documents listed in the Agreement Documents, and written
modifications issued after execution of this Agreement, if any.
2.1 INTENT
The Specifications are an integrated part of the Contract Documents and as such will not stand
alone if used independently. The Specifications establish minimum standards of quality for
this Project. They do not purport to cover all details entering into the design and construction
of materials or equipment. The intent of the Agreement Documents is to set forth requirements
of performance, type of equipment and structures, and standards of materials and construction.
It is also intended to include all labor and materials, equipment, and transportation necessary
for the proper execution of the Work, to require new material and equipment unless otherwise
indicated, and to require complete performance of the Work in spite of omission of specific
reference to any minor component part and to include all items necessary for the proper
execution and completion of the Work by the Contractor. Performance by the Contractor shall
be required only to the extent consistent with the Agreement Documents and reasonably
inferable from them as being necessary to produce the intended results.
2.2 ENTIRE AND SOLE AGREEMENT
Except as specifically stated herein, the Agreement Documents constitute the entire agreement
between the parties and supersede all other agreements, representations, warranties,
statements, promises, and understandings not specifically set forth in the Agreement
Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or
written agreements, representations, warranties, statements, promises or understandings not
specifically set forth in the Agreement Documents.
2.3 AMENDMENTS
The parties may modify this Agreement at any time by written agreement. Neither the
Agreement Documents nor any term thereof may be changed, waived, discharged or
terminated orally, except by an instrument in writing signed by the party against which
enforcement of the change, waiver, discharge or termination is sought.
2.4 CONSTRUING TERMS
This Agreement shall not be construed against the party who drafted the same, as both parties
have obtained experts. of their choosing to review the legal and business adequacy of the same.
2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY
This Agreement shall be governed by the laws of the State of Florida, and any venue for any
action pursuant to the Agreement Documents shall be in Indian River County, Florida. The
parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any
dispute arising. hereunder.
2.6 TERM
This Agreement shall commence on the day it is executed by both parties and the term of the
Agreement shall extend until the Project is complete unless terminated in accordance with the
terms hereunder.
3.0 DEFINITION OF TERMS
3.1 GENERAL
Whenever the following terms appear in these Agreement Documents, their intent and
meaning shall, unless specifically stated otherwise, be interpreted as shown.
3.2 ACT OF GOD
The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event),
tornado or other cataclysmic phenomenon of nature. Rain, Wind or other natural phenomenon
(including tropical waves and depressions) of normal intensity for the locality shall not be
construed as an Act of God .
3.3 ADDENDUM (re: bid documents)
A modification of the plans or other contract documents issued by the Owner and distributed
to prospective bidders prior to the opening of bids. All Addenda shall be considered as part of
the Contract Documents.
3.4 AGREEMENT
A written agreement between the Contractor and Owner defining in detail the work to be
performed. The words Agreement and Contract, are one and the same.
3.5 A.S.T.M. DESIGNATION
Wherever the letters "A.S.T.M." are used in the Specifications, it shall be understood as
referring to the American Society for Testing Materials. When reference is made to a certain
Designated Number of a specification or test as set out or given by the American Society for
Testing Materials, it shall be understood to mean the current, up-to-date standard specification
or tentative specification for that particular process, material or test as currently published by
that group.
3.6 BID
The bid or proposal is the written offer of a Bidder to perform work described by the contract
documents when made out and submitted on the prescribed proposal form properly sealed and
guaranteed. The bid or proposal shall be considered as part of the Contract Documents.
3.7 BID BOND or PROPOSAL GUARANTEE:
Bidder shall submit a Bid Bond or Proposal Guarantee in the amount of 5% of the Base Bid,
in the form of a Cashier's Check, Unconditional Irrevocable Letter of Credit drawn in favor of
the City of Sebastian on a National Bank, or a bond from a surety company duly licensed in
the State of Florida.
3.8 BIDDER
An individual, partnership, or corporation submitting a proposal for the work contemplated;
acting directly or through a duly authorized representative.
3.9 CHANGE ORDER
A written order issued to the Contractor by the City covering changes in the plans,
specifications, or scope of work when the amount of work changed is not deemed sufficient to
require a supplemental agreement, and/or to cover adjustments in the Contract Price or
Contract Time.
3.10 CONTRACT ADDENDUM
A special written provision modifying or clarifying the terms and conditions of the Contract.
The Contract Addendum shall be considered as part of the contract documents.
3.11 CONTRACTOR
The word "Contractor" shall mean an individual, partnership, or corporation, and its heirs,
executors, administrators, successors and assigns, or the lawful agent of any such individual,
firm, partnership, covenant or corporation, or its surety under any contract bond, constituting
one of the principals to the Contract and undertaking to perform the work herein.
3.12 DIRECTED, ORDERED, APPROVED & ETC.
Wherever in the Agreement Document the words "directed", "ordered", "approved",
"permitted", "acceptable", or words of similar import are used, it shall be understood that the
direction, order, approval or acceptance of the Owner is intended unless otherwise stated.
3.13 ENGINEER
A Professional Engineer duly licensed and registered in the State of Florida and designated by
the City as Engineer. The City may designate a staff member as Engineer who is not licensed.
3.14 GENERAL CONDITIONS
The directions, provisions and requirements contained within the Agreement Documents, all
describing the general manner of performing the Work including detailed technical
requirements relative to labor, material equipment, and methods by which the Work is to be
performed and prescribing the relationship between the City and the Contractor.
3.15 INSPECTOR
A duly authorized representative of the City assigned to make official inspections of the
materials furnished and of the work performed by the Contractor.
3.16 LABORATORY
Any licensed and qualified independent laboratory designated by or acceptable to the Owner
to perform necessary testing of materials.
3.17 OWNER
City of Sebastian
3.18 PERFORMANCE AND PAYMENT BONDS
Contractor shall submit bonds in the form prescribed by State Law, and generally as shown on
sample forms herein, for Performance and Payment, each in the amount of 100% of the
Contract Amount.
3.19 PLANS
The official, approved plans, including reproduction thereof, showing the location, character,
dimensions and details of the work to be done. All shop drawings submitted by the Contractor
shall be considered as part of the contract documents.
3.20 PROPOSAL
The proposal or bid is the written offer of a Bidder to perform the work described by the
Contract Documents when made out and submitted on the prescribed proposal form, properly
signed and guaranteed. The proposal or bid shall be considered as part of the contract
documents.
3.21 SPECIAL CONDITIONS
Special clauses or provisions, supplemental to the Plans, Standard Specifications and other
contract documents, setting forth conditions varying from or additional to the Standard
Specifications for a specific project.
3.22 SPECIFICATIONS
The directions, provisions, and requirements together with all written agreements made or to
be made, setting forth or relating to the method and manner of performing the Work, or to the
quantities and qualities of materials, labor and equipment to be furnished under the
Agreement.
3.23 SUBCONTRACTOR
An individual, partnership or corporation supplying labor, equipment or materials under a
direct contract with the contractor for work on the project site. Included is the one who
supplies materials fabricated or formulated to a special design according to the plans and
specifications for the particular project.
3.24 SUPPLEMENTAL AGREEMENT
A written understanding, or proposal and acceptance, executed between the City and the
Contractor subsequent to execution of the Agreement herein with the written consent of the
Contractor's Surety, relating to the work covered by the Agreement and clarifying or furthering
the terms thereof. A modification to the Agreement shall be made by Contract Addendum.
3.25 SURETY
Surety is a corporation qualified to act as surety under the laws of Florida, who executes the
Contractor's Performance and Payment Bonds and is bound with the Contractor for the
acceptable performance of the contracted work and for the payment of all debts pertaining
thereto.
3.26 WORK, (The) or PROJECT, (The)
The public improvement contemplated in the Plans and Specifications, and all actions
necessary to construct the same.
3.27 WORK ORDER
Work orders are work instructions including specifications and plans that show the location,
character, dimensions and details to the work to be done. Work orders are specific
instructions, of limited scope, that will be a part of this contract. Work orders shall be
considered as part of the contract documents. Any Work Orders considered to be Change
Orders of any kind shall be in writing and address, at a minimum, any changes in the scope of
work and the related impact on Contract Price /Cost and Time /Schedule.
ARTICLE II -Performance
4.0 PLANS, SPECIFICATIONS AND RELATED DATA
4.1 INTENT OF PLANS AND SPECIFICATIONS
The intent of the Plans, Specifications, Work Orders and other Contract Documents is that the
Contractor furnishes all labor and materials, equipment, supervision and transportation
necessary for the proper execution of the Work unless specifically noted otherwise. The
Contractor shall do all the work shown on the Plans and described in the Specifications and
other Contract Documents and all incidental work considered necessary to substantially
complete the Work ready for use, occupancy, or operation in a manner acceptable to the City.
4.2 CONFLICT
In the event of any inconsistency, discrepancy or conflict between the Agreement, the Plans,
Specifications, and other Contract Documents, the Agreement shall prevail and govern over
all except a subsequently executed Contract Addendum; in the event of an inconsistency,
discrepancy or conflict between the Plans and Specifications, the Specifications shall prevail
and govern.
4.3 DISCREPANCIES IN PLANS
Any discrepancies found between the Plans and Specifications and site conditions, or any
errors or omissions in the Plans or Specifications, shall be immediately reported to the
Engineer and City. The Engineer shall promptly determine the validity and seriousnes of the
claimed condition and correct any such error or omission in writing, or otherwise direct
Contractor. Any work done by the Contractor after his discovery of such discrepancies, errors
or omissions shall be done at the Contractor's risk.
Any correction or errors or omissions in Plans and Specifications may be made by the
Engineer when such correction is necessary for the proper fulfillment of their intention as
construed by the Engineer. Where said correction of errors or omissions, except as provided
in the next two (2) paragraphs below, adds to the amount of work to be done by the
Contractor, compensation for said additional work shall be made under the Paragraph 10.7
CHANGES IN THE WORK below, except where the additional work may be classed under
some item of work for which a unit price is included in the proposal.
The fact that specific mention of any part of work is omitted in the Specifications, whether
intentionally or otherwise, when the same is clearly shown or indicated on the Plans, or is
usually and customarily required to complete fully such work as is specified herein, will not
entitle the Contractor to consideration in the matter of any claim for extra compensation, but
the said work must be installed or done the same as if called for by both the Plans and
Specifications.
All work indicated on the Plans and not mentioned in the Specifications or vice versa, and all
work and material usual and necessary to make the Work complete in all its parts, whether or
not they are indicated on the Plans or mentioned in the Specifications, shall be furnished and
executed the same as if they were called for by both the Plans and Specifications.
The Contractor will not be allowed to take advantage of any errors or omissions in the Plans
and Specifications. The Engineer will provide full information when errors or omissions are
discovered.
4.4 DRAWINGS AND SPECIFICATIONS AT JOB SITE
One (1) complete set of all Plans, Specifications, Work Orders, Addenda, Change Orders,
Shop Drawings and samples shall be maintained at the job site, in good order and annotated to
show all changes made during the construction process, and shall be available to the Engineer
and City at all times. A final copy thereof, along with "as-built" record drawings, operations
and maintenance manuals, and data sheets, shall. be delivered to the Engineer upon the
completion of the Work.
4.5 DIMENSIONS
Dimensions shown on the Plans will be used. Where the work of the Contractor is affected by
finished dimensions, these shall be verified by the Contractor at site, and he shall assume the
responsibility for their use.
4.6 SAMPLING AND TESTING
Except as otherwise provided, sampling and testing of all materials, and the laboratory
methods and testing equipment, required under the Specifications shall be in accordance with
the latest standards or tenets of the American Society for Testing Materials.
The testing of samples and materials shall be made at the expense of the Contractor, except
where indicated otherwise. The Contractor shall furnish any required samples without charge.
The Contractor shall be given sufficient notification of the placing of orders for materials to
permit testing.
As an exception to the above, when the Contractor represents a material or an item of work as
meeting Specifications and under recognized test procedures it fails, any re-testing shall be at
the Contractor's expense, billed at the Testing Laboratory's standard rate for individual tests.
It is expected that all inspections and testing of materials and equipment will be done locally.
If the Contractor desires that inspections for tests be made outside of the local area, all
expenses, including per diem for the Engineer or Inspectors, shall be borne by the Contractor.
4.7 SHOP DRAWINGS
The Contractor shall provide shop drawings, setting schedules, and other drawings as may be
necessary for the prosecution of the Work in the shop and in the field as required by the Plans
and Specifications or Engineer's instructions. Deviations from the Plans and Specifications
shall be called to the attention of the City at the time of the first submission of shop drawings
and other drawings. The City's approval of any shop drawings shall not release the Contractor
from responsibility for errors, corrections of details, or conformance with the Contract. Shop
drawings shall be submitted according to the following schedule:
(a) Seven (7) copies shall be submitted to the City at least thirty (30) days before
the materials indicated thereon are to be needed or earlier if required to prevent delay of work
or to comply with subparagraph (b).
(b) The City shall, within fourteen (14) days of the submittal of any shop drawings,
return three (3) copies to the Contractor marked with any corrections and changes required and
noting if the drawings are acceptable as noted, or if resubmittal is required.
(c) The Contractor shall then correct the shop drawings to conform to the
corrections and changes requested by the City and resubmit six (6) copies to the City.
(d) Three (3) copies of Approved Shop Drawings shall be returned to the
Contractor by the City.
4.8 QUALITY OF EQUIPMENT AND MATERIALS
In order to establish standards of quality, the Specifications may refer to certain products by
name and catalog number. This procedure is not to be construed as eliminating from
competition other products of equal or better quality by other manufacturers where fully
suitable in design.
The Contractor shall furnish to the City a complete list of his proposed desired substitutions
prior to the signing of the Contract, together with such engineering and catalog data as the
City may require. Further substitutions may be submitted during the course of work in
accordance with Paragraph 4.10 SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL
below.
The Contractor shall abide by the City's judgment when proposed substitution of materials or
items or equipment are judged to be unacceptable and shall furnish the specified material or
item of equipment in such case. All proposals for substitutions shall be submitted to the City
in writing by the Contractor and not by individual trades or material suppliers. The City will
advise of approval or disapproval of proposed substitutions in writing within a reasonable
time. No substitute materials shall be used unless approved by City in writing.
4.9 EQUIPMENT APPROVAL DATA
The Contractor shall furnish one (1) copy of complete catalog data for every manufactured
item of equipment and all components to be used in the Work, including specific performance
data, material description, rating, capacity, material gauge or thickness, brand name, catalog
number and general type.
This submission shall be compiled by the Contractor and submitted to the City for review and
written approval before any of the equipment is ordered.
Each data sheet or catalog in the submission shall be indexed according to specification
section and paragraph for easy reference.
After written approval is received by the Contractor, submission shall become a part of the
Contract and may not be deviated from except upon written approval of the City.
Catalog data for equipment approved by the City does not in any case supersede the Contract
Documents. The acceptance by the City shall not relieve the Contractor from responsibility for
deviations from Plans or Specifications, unless he has called the City's attention, in writing, to
such deviations at the time of submission, nor shall it relieve him from responsibility for
errors of any sort in the items submitted. The Contractor shall check the work described by the
catalog data with the Contract Documents for deviations and errors.
It shall be the responsibility of the Contractor to insure that items to be furnished fit the space
available. He shall make necessary field measurements to ascertain space requirements,
including those for connections, and shall order such sizes and shapes of equipment that the
field installation shall suit the true intent and meaning of the Plans and Specifications.
Where equipment requiring different arrangement of connections from those shown is
approved, it shall be the responsibility of the Contractor to install the equipment to operate
properly, and in harmony with the intent of the Plans and Specifications, and to make all
changes in the Work required by the different arrangement of connections at his own expense.
4.10 SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL
After the execution of the Contract Agreement, the substitution of equipment and/or material
for that specified will be considered if:
(a) The equipment and/or materials proposed for substitution is determined by the
City to be equal or superior to that specified in the Contract;
(b) Unless determined to be of superior quality, the equipment and/or material
proposed for substitution is less expensive than that specified and that such savings to the
City, as proposed by the Contractor, are submitted with the request for substitution. If the
substitution is approved, the Contract price shall be reduced accordingly; and
(c) The equipment and/or material proposed for substitution is readily available
and its delivery and use, if approved as a substitution, will not delay the scheduled start and
completion of the specified work for which it is intended or the scheduled completion of the
entire work to be completed under the contract.
No request will be considered unless submitted in writing to the City and approval by the City
must also be in writing. To receive consideration, requests for substitutions must be
accompanied by documentary proof of the actual difference in cost to the Contractor in the
form of quotations to the contractor covering the original equipment and/or material, and also
equipment and/or material proposed for substitution or other proof satisfactory to the City. It is
the intention that the City shall receive the full benefit of the saving in cost involved in any
substitution unless the item is substituted for one designated in the Specifications by specific
manufacturer's name and type, in which case one-third of the savings shall accrue to the
benefit of the Contractor.
In all cases, the burden of proving adequate proof that the equipment and/or material offered
for substitution is equal or superior in construction and/or efficiency to that named in the
Contract shall rest on the Contractor and the proof will be submitted to the City. Request for
substitution of equipment and/or material which the Contractor cannot prove to the
satisfaction of the City, at its sole discretion and judgment, to be equal or superior in
construction and/or efficiency to that named in the Contract will not be approved.
5.0 MATERIALS AND WORKMANSHIP
5.1 MATERIALS FURNISHED BY THE CONTRACTOR
All materials and equipment used in the Work shall meet the requirements of the respective
Specifications, and shall not be used until it has been approved in writing by the City.
Wherever the specifications call for an item of material or equipment by a manufacturer's
name and type, and additional features of the item are specifically required by the
specifications, the additional features specified shall be provided whether or not they are
normally included in the standard manufacturer's item listed.
Wherever the specifications call for an item of material or equipment by a manufacturer's
name and type, and the specified item becomes obsolete and is no longer available, the
Contractor shall provide a substitute item of equal or superior quality and performance which
is acceptable to the Engineer and City and is currently available, at no increase in Contract
price.
5.2 STORAGE OF MATERIALS
Materials and equipment shall be stored so as to incur the preservation of their quality and
fitness for the Work. When considered necessary, they shall be placed on wooden platforms or
other hard clean surfaces, and not on the ground, and/or they shall be placed under cover.
Stored materials and equipment shall be located so as to facilitate prompt inspection. Private
property zoned for, or adjacent to land zoned for residential uses shall not be utilized for
storage purposes without special prior arrangement.
5.3 REJECTED WORK AND MATERIAL
Any materials, equipment or work which do not satisfactorily meet the Specifications may be
condemned by the Engineer or City by giving a written notice to the Contractor. All
condemned materials, equipment or work shall be promptly taken out and replaced.
All materials and equipment which do not conform to the requirements of the Contract
Documents, are not equal or superior to samples approved by the Engineer and City, or are in
any way unsatisfactory or unsuited to the purpose for which they are intended, shall be
rejected. Any defective work whether the result of poor workmanship, use of defective
materials, damaged through carelessness or from other cause shall be removed within ten (10)
days after written notice is given by the City, and the work shall be re-executed by the
Contractor. The fact that the Engineer or the City may have previously overlooked such
defective work shall not constitute an acceptance of any part of it. Should the Contractor fail
to remove rejected work or materials within ten (10) days after written notice to do so, the City
may remove them and may store the materials and equipment. Satisfaction of warranty work
after final payment shall be in accordance with Paragraph 10.15.
5.4 MANUFACTURER'S DIRECTION
Manufactured articles, materials and equipment shall be applied, installed, connected, erected,
used, cleaned, and conditioned as directed by the manufacturer unless herein specified to the
contrary.
5.5 SKILL AND CHARACTER OF WORKERS
All workers must have sufficient knowledge, skill and experience to perform properly the
work assigned to them. Any supervisor or worker employed by the Contractor or
subcontractors who, in the opinion of the Engineer or the City does not perform his work in a
skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner
shall, at the written request of the City, be discharged immediately and shall not be employed
again in any portion of the Work without the approval of the City.
The Contractor shall at all times be responsible for the conduct and discipline of its employees
and/or any subcontractor or persons employed by subcontractors.
5.6 CUTTING AND PATCHING
The Contractor shall do all necessary cutting and patching of the Work that may be required to
properly receive the work of the various trades or as required by the Plans and Specifications
to complete the Work. Contractor shall restore all such cut or patched work as directed by the
Engineer or the City. Cutting of existing structures that could endanger the Work, adjacent
property, workmen or the public shall not be done unless approved by the Engineer and under
Engineer's surveillance.
5.7 CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of waste materials
or rubbish caused by its employees or work. At the completion of the Work, contractor shall
remove all rubbish, tools, scaffolding and surplus materials and shall leave the Work "broom
clean" or its equivalent, unless more exactly specified, and shall insure that all debris and
other unsightly objects are removed and disposed of in a satisfactory manner. At no additional
expense to the City, the Contractor will restore to their original conditions or better, as nearly
as practicable, those portions of the site not designated for alteration and all such property,
structure, utilities, landscaping, etc., disturbed or damaged during the prosecution of the Work.
Final payment will be withheld until such clean up and repairs are completed
The Work will be considered complete only after all debris and unused material due to or
connected with the Work have been removed and the surrounding area left in a condition
satisfactory to the City. In the event the City finds that the Contractor has not complied in
keeping the job site clean, the City may, after twenty-four (24) hours written notice to the
Contractor to correct the situation, elect to have the job site cleaned by an independent labor
force. The cost of cleaning by said independent labor force shall be deducted from moneys
due the Contractor.
5.8 CITY'S OWNERSHIP OF MATERIALS
Any and all materials, whether structural or natural, found within the limits of the project
remain the property of the City unless City ownership is specifically conveyed to the
Contractor.
All material, equipment and work become the sole property of the City as installed. These
provisions shall not be construed as relieving the Contractor from the sole responsibility for all
materials and work for which payments have been made, for the restoration of damaged work,
or as a waiver of right of the City to require the fulfillment of all the terms of the Contract.
5.9 GUARANTEE
The Contractor shall warrant all its material and equipment furnished and work performed for
a period of one (1) year from the date of final written acceptance of the Work by City.
Satisfaction of warranty work after final payment shall be as per Paragraph 10.15.
All equipment and material warranties or guarantees shall be drawn in favor of the City and
the originals thereof furnished to the Engineer for review and acceptance prior to final
payment.
Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent
claims of beach of contract due to substandard materials or workmanship, nor shall such
warranty period shorten the statute of limitations for bringing a breach of contract or other
action based upon any such deficiencies.
6.0 CONSTRUCTION STAHING TO BE PERFORMED BY CONTRACTOR
6.1 PERSONNEL, EQUIPMENT AND P.ECORD REQUIREMENTS
Adequate field notes and records shall be available for review by the City and Engineer as the
Work progresses and copies shall be available if necessary. Any inspection or checking of the
Contractor's field notes or layout work by the City and the acceptance of all or any part
thereof, shall not relieve the Contractor the responsibility to achieve the lines, grades and
dimensions shown in the Plans and Specifications.
Prior to final acceptance of the project, the Contractor shall mark in a permanent manner on
the surface of the completed Work all control points shown on the Plans.
6.2 CONTROL POINTS FURNISHED BY THE CITY
The City will provide boundary or other control points and bench marks as shown on the Plans
as "Contractor's Survey Control Point", if any is provided. The Contractor shall be responsible
for all survey control of his work during construction. The Contractor shall preserve all
reference points and benchmarks furnished by the City.
6.3 FURNISHING OF STAKE MATERIALS
The Contractor shall furnish all stakes, templates and other materials necessary for
establishing and maintaining the lines and grades necessary for control and construction of the
Work.
6.4 LAYOUT OF WORK
Utilizing the control points furnished by the City in accordance with Paragraph 6.2, the
Contractor shall establish all horizontal and vertical controls necessary to construct the Work
in conformance with the Plans and Specifications. The Work shall include performing all
calculations required and setting all stakes needed such as grade stakes, offset stakes,
reference point stakes, slope stakes, and other reference marks or points necessary to provide
lines and grades for construction of all contract items.
Survey notes indicating the information and measurements used in establishing locations and
grades shall be kept in notebooks and furnished to the Engineer with the record drawings for
the Project.
6.5 SPECIFIC STAKING REQUIREMENTS
Stakes to establish lines and grades shall be set at appropriate intervals to assure that the
Project is constructed to meet the lines and grades shown on the Plans.
For construction stakes and other control, references shall be set at sufficiently frequent
intervals to assure that all components of a structure are constructed in accordance with the
lines and grades shown in the Plans.
6.6 PAYMENT
The cost of performing layout work as described above shall be included in the contract prices
for the various items of work to which it is incidental.
6.7 COORDINATION WITH CITY
The City's recorded subdivision plats shall be considered correct. The distance, bearing and
curve information provided shall be used by the Contractor's surveyor to establish alignment
throughout construction. All surveying activities will be coordinated with the City's surveyor
as needed for proper completion of all work on the site.
Primary control monuments, originally set by the City, that are disturbed or destroyed during
construction shall be accurately replaced by the Contractor's surveyor to the satisfaction of the
City's surveyor.
6.8 LOCATION OF EXISTING UTILITIES AND PIPING
All existing underground utilities, such as telephone, cable television and electrical cables
must be located by the Contractor prior to starting work. The Contractor shall contact the
Utilities at least 48 hours prior to commencing any work within the project area. There may
be other utilities within the project area.
The cost of substantiating the location of utilities shall be borne by the Contractor and
included in the bid price. The Contractor shall be responsible for the repair and/or
replacement of any damage caused to utilities by Contractor forces during the course of
construction.
Utilities deemed to require relocation shall be identified by the Contractor prior to
commencing work. The Contractor shall notice the City of the conflict and seek direction
from the City prior to proceeding with work. Directions from the City may be to proceed
despite conflict, place work order on hold and commence work at a different location, or
relocate utilities under separate contract with the utility or a change order to be directed by the
City.
7.0 PROGRESS AND COMPLETION OF WORK
7.1 CONTRACTOR'S OBLIGATION
Contractor shall supervise and direct the Work, using Contractor's best skill and attention.
Contractor shall be solely responsible for and have control over construction means, methods,
techniques, sequences and procedures and for coordinating all portions of the Work under this
Contract, unless the Contract Documents give other specific instructions concerning these
matters.
Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for
labor, materials, equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services necessary for the proper execution and
completion of the Work, whether temporary or permanent and whether or not incorporated or
to be incorporated in the Work.
Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and
other similar taxes.
Contractor shall enforce strict discipline and good order among Contractor's employees and
other persons carrying out the Work. Contractor shall not permit employment of unfit persons
or persons not skilled in tasks assigned to them.
Contractor currently holds and shall maintain at all times during the term of this Contract all
required federal, state and local licenses necessary to perform the Work required under the
Contract Documents.
Contractor shall be responsible to the City for the acts and omissions of Contractor's
employees, Subcontractors and their agents and employees, and other persons performing
portions of the Work under a contract with Contractor.
Contractor shall indemnify, defend and hold City harmless from all claims arising out of or
related to its performance of the Work except for acts arising solely from the active negligence
of the City.
7.2 START OF CONSTRUCTION
The Contractor shall commence work on the date specified in the Notice to Proceed
subsequently issued by the City, or as specifically noted in any Contract Addendum.
However, in no case shall the Contractor commence work until the City has been furnished
and acknowledges receipt of the Contractor's Certificates of Insurance and a properly executed
performance and payment bond as required.
7.3 CONTRACT TIME
The contractor shall complete, in an acceptable manner, all of the Work in the time stated in
the Contract Agreement and any Addenda or Change Orders thereto.
7.4 SCHEDULE OF COMPLETION
The Contractor's schedules are subject to the approval of the City, which shall not be
unreasonably withheld, and shall reflect a logical sequence of the various components of work
and the anticipated rates of production necessary to complete the Work on or before the
completion date. Said schedules shall be submitted within ten (10) days of the execution of the
agreement by the City except when requested otherwise and shall be updated and resubmitted
to the City on the twenty-fifth (25th) day of every month with the Contractor's pay request.
7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE
The Contractor shall coordinate its work with other contractors, the City, and utilities to assure
orderly and expeditious progress of work.
The City shall hold apre-construction conference at Sebastian City Hall at a time and date
mutually agreed upon with the Contractor after the Contract has been awarded and fully
executed.
7.6 PROPERTY OF OTHERS
A. Public Ownership
The Contractor shall be responsible for the preservation of all public property, trees,
monuments, etc., along and adjacent to the street and/or right-of--way, and shall use every
precaution necessary to prevent damage or injury thereto. He shall use suitable precautions to
prevent damage to pipes, conduits and other underground structures, and shall protect
carefully from disturbance or damage all monuments and property marks until a land surveyor
has witnessed or otherwise referenced their location and shall not remove them until so
directed by the Engineer in writing. The City shall remove and relocate all traffic control signs
as required.
B. Private Ownership
Mail and newspaper boxes, sprinkler systems, ornamental shrubs, lawn ornaments, house
numbers, fences, etc. may be removed and relocated by the property owners. The City will not
remove, relocate, or re-install mail boxes, sprinkler systems, ornamental shrubs, etc. belonging
to a private property owner. However, should such items not be removed or relocated by the
start of construction, the Contractor shall remove the objects, in a manner which does not
damage or injure the objects at no extra cost to the City, which interfere with the construction
of the Project and place them on the property owner's front lawn just outside the project limits.
Otherwise, the Contractor shall not enter upon private property for any purpose without
obtaining permission from the property Owner thereof. Where extensive intrusions upon
private property aze required for construction, the City and Contractor shall cooperate to
obtain Temporary Construction Easements from the landowner.
7.7 PROTECTION OF EXISTING UTILITIES AND FACILITIES
All utilities and all structures of any nature, whether below or above ground, that may be
affected by the Work but are not required to be disturbed or relocated by the very nature of the
project, shall be protected and maintained by the Contractor and shall not be disturbed or
damaged by Contractor forces during the progress of the Work; provided that, should the
Contractor disturb, disconnect or damage any utility or any structure, all expenses of whatever
nature arising from such disturbance or the replacement or repair and testing thereof shall be
borne by the Contractor.
7.8 CROSSING PUBLIC FACILITIES
When new construction crosses highways, railroads, streets or similar public facilities under
the jurisdiction of state, county, city, or other public agency or private entity, the City through
the Engineer shall secure written permission prior to the commencement of construction of
such crossing. The Contractor will be required to furnish evidence of compliance with
conditions of the permit from the proper authority before final acceptance of the Work by
City. Road closures are governed by Paragraph 8.3 below.
7.9 CHANGES IN THE WORK
The City may order changes in the Work through additions, deletions or modifications without
invalidating the Contract; however, any change in the scope of work or substitution of
materials shall require the written approval of the City. Compensation and time of completion
affected by the change shall be adjusted at the time of ordering such change. New and
unforeseen items of work found to be necessary and which cannot be covered by any item or
combination of items for which there is a contract price shall be classed as changes in the
Work. The Contractor shall do such changes in the Work and furnish such materials, labor and
equipment as may be required for the proper completion of construction of the work
contemplated. In the absence of such written order, no claim for changes in the Work shall be
considered. Changes in the Work shall be performed in accordance with the Specifications
where applicable and work not covered by the specifications or special provisions shall be
done in accordance with specifications issued for this purpose. Changes in the Work required
in an emergency to protect life and property shall be performed by the Contractor as required.
7.10 EXTENSION OF CONTRACT TIME
No extension of time shall be valid unless given in writing by the City. No monetary
compensation shall be given for such delay.
A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the
Contractor to an extension of time in which to complete the Work as determined by the City
provided, however, the Contractor shall immediately give written notice to the City of the
cause of such delay.
"Rain day" extensions shall be granted upon written request of the Contractor to the City's
Project Manager when said Project Manager determines that weather conditions make it
counterproductive to work on said days. "Rain day" requests must be submitted at the end of
each work week or be waived, and the cumulative "rain day" extensions granted shall be
processed as a Change Order with each pay submittal.
In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractor shall
be granted an extension of time to complete the Work for as many calendar days as the Work
was suspended; except, however, that the Contractor will not be granted an extension of time
to complete the Work if the suspension was caused by a fault of the Contractor.
7.11 CORRECTION OF WORK
Contractor shall, at no cost to the City, promptly correct Work failing to conform to
requirements of the Contract Documents, whether observed before or after completion of the
Work and whether or not fabricated, installed or completed, and shall correct any Work found
to be not in accordance with the requirements of the Contract Documents within a period of
one (1) year from the date of completion of the Work or by the terms of an applicable special
warranty required by the Contract Documents. The provisions of this Paragraph apply to the
Work done by Subcontractors as well as to the Work done by direct employees of Contractor.
Nothing contained in this Paragraph shall be construed to establish a period of limitation with
respect to other obligations which Contractor might have under the Contract Documents.
Establishment of the time period of one (1) year as described in Subparagraph 7.11(a) above
relates only to the specific obligation of Contractor to correct the Work, and has no effect on
the time within which the obligations of the Contract Documents may be enforced, nor to the
time within which proceedings may be commenced to establish Contractor's liability with
respect to Contractor's remaining contractual obligations.
7.12 LIQUIDATED DAMAGES
In the event Contractor violates or fails to perform any provision of the Contract Documents,
then the City may elect to receive, and Contractor agrees to pay, liquidated damages in the
amount of one hundred dollars ($100) per day beyond the agreed completion date. Inspection
of the Work by the City and the subsequent issuance of a notice by the City indicating
substantial completion will be the date used to signify work completion. If completion is
beyond the schedule agreed upon, liquidated damages may be imposed by the City on the
Contractor and will be withheld from payment.
It is expressly acknowledged by Contractor that said payment shall not be interpreted nor
construed as a penalty but is in fact a good faith attempt to fix damages which the City will
suffer in the event Contractor fails to perform as required hereunder or violates any provision
of the Contract Documents.
8.0 PUBLIC HEALTH AND SAFETY
8.1 PROTECTION OF PERSONS AND PROPERTY
The Contractor shall submit, for the City's approval, a project safety and security plan which
describes the Contractor's plans and procedures to protect the safety and property of property
owners, residents, and passers-by. The plan shall describe measures and precautions to be
taken during working hours and non-working hours.
A. Safety Precautions and Pro rams
The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work in accordance with the U.S.
Department of Labor Occupational Safety and Health Act and the laws of the State of Florida.
This Contract requires that the Contractor and any and all subcontractors hired by the
Contractor comply with all relevant standards of the Occupational Safety and Health Act.
Failure to comply with the Act constitutes a failure to perform.
The Contractor agrees to reimburse the City for any fines and/or court costs arising from
penalties charged to the City for violations of OSHA committed by the Contractor or any and
all subcontractors.
B. Safety of Persons and Property
The Contractor shall take all reasonable precautions for the safety of, and shall provide all
reasonable protection to prevent damage, injury or loss to, all employees on the Work and all
other persons who may be affected thereby; all the work materials and equipment to be
incorporated therein, whether in storage on or off the project site, under the care, custody or
control of the Contractor or any of his subcontractors; and other property on the project site or
adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and
utilities not designated for removal, relocation or replacement in the course of construction.
The Contractor shall be held fully responsible for such safety and protection until final written
acceptance of the Work.
Fire hydrants on or adjacent to the Work shall be kept accessible to fire fighting equipment at
all times. Temporary provisions shall be made by the Contractor to insure the proper
functioning of all swales, gutters, sewer inlets, drainage ditches and irrigation ditches, which
shall not be obstructed except as approved by the City.
The Contractor acknowledges that, in executing the Project, it will operate machinery and
equipment that may be dangerous to the adjacent property owners and the general public. The
Contractor will be required to conduct excavations for the Project that may be hazardous to
person and property. The Contractor shall develop and implement a job safety and security
plan that will adequately protect all property and the general public.
Contractor shall rigorously prohibit the committing of nuisances on the site of the Work, on
the lands of the City or an adj acent property.
8.2 TRAFFIC CONTROL
All safety precautions, traffic control, and warning devices necessary to protect the public and
workmen from hazards within the right-of--way shall be in strict accordance with SECTION
102, MAINTENANCE OF TRAFFIC, in the Florida Dept. of Transportation (FDOT) Std.
The State of Florida Manual of Traffic Control and Safe Practices, for Street and Highway
Construction, Maintenance and Utility Operations Specifications for Road and Bridge
Construction, latest edition. shall be used as minimum standards, as applicable.
Further, the Contractor shall carry on the Work in a manner that will cause the least possible
obstruction and interruption in traffic, and the least inconvenience to the general public and
the residents in the vicinity of the work.
8.3 ROAD CLOSURE AND DETOURS
Local traffic shall be maintained within the limits of the Project for the duration of the
construction period. Closing to through travel of more than two (2) consecutive blocks,
including the cross street intersected will not be permitted without specific authorization of the
City. No road or street shall be closed to the public except with the permission of the City and
proper governmental authority. When closing of roads are permitted, it shall require forty-
eight (48) hours notification to the City. Traffic detours shall be pre-approved prior to closing.
"Street Closed to through Traffic" signs and "Detour" routes shall be indicated and maintained
by the Contractor when the job is located in a public or private street.
8.4 PROVISION OF ACCESS
Where traffic must cross open trenches, the contractor shall provide adequate ingress and
egress to dwellings, business facilities, utilities and service. Temporary provisions shall be
made by the Contractor to insure the use of sidewalks. The Contractor shall provide suitable
crossings at street intersections and driveways, and supply such aid as may be required for
pedestrians and motorists, including delivery vehicles, to safely negotiate the construction
areas.
On completion of Work within any area, the Contractor shall remove all debris, excess
materials, barricades and temporary Work leaving walkways and roads in said area clear of
obstructions.
8.5 WARNING SIGNS AND BARRICADES
The Contractor shall provide adequate signs, barricades, warning lights and flagmen, as
required, and all such other necessary precautions for the protection of the Work and the safety
of the public. All barricades and obstructions shall be protected at night by regulatory signal
lights which shall be kept in operation from sunset to sunrise. Barricades shall be of
substantial construction and shall be reflective to increase their visibility at night. Suitable
warning signs shall be so placed and illuminated at night as to show in advance where
construction, barricades or detours exist. Unless so designated in the Bid Documents, no direct
payment for this work will be made, but the cost of providing, erecting and maintaining such
protection devices, including guards, watchmen and/or flagmen as required shall be
considered as included and paid for in the various contract prices of the Work.
Warning signs and barricades shall be in conformance with the State of Florida, Manual of
Traffic Control and Safe Practices for Street and Highway Construction. Maintenance and
Utility Operations, latest edition. The Contractor shall provide and maintain adequate
barricades, construction signs, torches, flashers, guards and flagmen as required in pedestrian
and vehicular traffic areas. Regulations of local authorities shall be compiled with. Advance
warning signs are required on all streets where work is being conducted. Lane closures shall
be signed and barricaded or coned as indicated in aforementioned FDOT Index. Flagmen may
be required where traffic and length of lane closure warrant them. Where such a plan is
needed, Contractor shall submit and obtain approval of their traffic control plan by the City.
8.6 OPEN TRENCHES
The Contractor shall fully comply with Florida Statutes and OSHA regulations with regard to
open trenches during construction. The Contractor shall be place construction hazard fencing
along any open trenches during the construction work-day, and shall leave no open trenches or
excavations over-night unless properly fenced and with the specific approval of the Engineer
or the City.
8.7 PLACEMENT OF HEAVY EQUIPMENT
The Contractor shall not leave construction equipment parked in front of or on a residential lot
overnight or on weekends. At the close of work each day, the equipment shall be driven to and
stored in a designated area so that the equipment will not become an "attractive nuisance" to
neighborhood children. All equipment left unattended during the course of working day, such
as during lunch hours or work breaks, shall not be left in a condition or location which would
create a safety hazard to the general public. All keys shall be removed from the machines
during those times.
8.8 TEMPORARY FACILITIES AND CONTROLS
The Contractor shall provide controls for sanitary facilities, environmental protection and
safety controls on site acceptable to the Florida Department of Health and Rehabilitative
Services, Department of Environmental Protection, and St. Johns River Water Management
District.
8.9 SANITARY PROVISION
The Contractor shall provide and maintain such sanitary accommodations adequate for the use
of his employees and those of his subcontractors, and as may be necessary to comply with the
requirements and regulations of the local and state departments of health.
Such facilities shall be made available when the first employees arrive on site of the Work,
shall be properly secluded from public observation, and shall be constructed and maintained
during the progress of the Work in suitable numbers and at such points and in such manner as
may be required or approved.
The Contractor shall maintain the sanitary facilities in a satisfactory and sanitary condition at
all times and shall enforce their use. The City shall have the right to inspect such facilities at
all times to determine whether or not they are being properly and adequately maintained.
Following the period of necessity for such accommodations, they and all evidence affixed
thereto shall be removed.
8.10 WATER AND ELECTRIC SUPPLY
The Contractor shall make all necessary applications and arrangements, and pay all fees and
charges for water and electrical service necessary for the proper completion of the Project up
to the time of final acceptance. The Contractor shall provide and pay for any temporary piping
and connections.
8.11 NOISE CONTROL
The Contractor shall provide adequate protection against objectionable noise levels caused by
the operation of construction equipment, and shall submit a plan to the Engineer for review
prior to initiation and implementation of the plan.
8.12 DUST CONTROL
The Contractor shall provide for adequate protection against raising objectionable dust clouds
caused by moving construction equipment, high winds or any other cause, and shall submit a
plan to the Engineer for review prior to initiation and implementation of the plan.
8.13 WATER CONTROL
The Contractor shall provide for satisfactory disposal of surplus water and shall submit a plan
to the Engineer for review prior to initiation and implementation of the plan. Prior approval
shall be obtained from the proper authorities for the use of public or private lands or facilities
for such disposal.
8.14 POLLUTION, SILTATION AND EROSION CONTROL
The Contractor shall provide for and take sufficient precautions to prevent pollution of private
and public lands, reservoirs, ponds, rivers, streams, creeks, etc., by the disposal of surplus
materials in the forms of solids, liquids or gases including, but not limited to, fuels, oils
bitumen, calcium chloride or other harmful materials.
Contractor shall conduct and schedule Work operations so as to avoid or otherwise minimize
pollution or silting of streams, lakes and reservoirs and to avoid interference with movement
of migratory fish where there is a high potential for erosion and subsequent water pollution.
Erosion control features shall be constructed concurrently with other work and at the earliest
practicable time.
The Contractor shall prepare a detailed description of Contractor's plan for Erosion and
Turbidity Control, including location of erosion control and turbidity control devices, marked
on a plan set as needed for clarity. The erosion and turbidity control shall meet the
requirements of the St. John's River Water Management District and the applicable NPDES
program for control of discharge of Total Suspended Matter, and shall prevent water and wind
erosion of open excavations and swales.
Article III -SUPERVISION AND ADMINISTRATION
9.0 ENGINEER, CITY, CONTRACTOR RELATIONS
9.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY
All work done shall be subject to the construction review of the Engineer and City. Any and
all technical questions which may arise as to the quality and acceptability of materials
furnished, work performed, or work to be performed, interpretation of Plans and
Specifications and all technical questions as to the acceptable fulfillment of the Contract on
the part of the Contractor shall be referred to the Engineer who will resolve such questions.
9.2 ENGINEER'S DECISION
All claims of a technical nature of the City or Contractor shall be presented to the Engineer for
resolution.
9.3 SUSPENSION OF WORK
The City shall have the authority to suspend the Work wholly or in part, for such periods as
may be deemed necessary and for whatever cause, to include but not be limited to, unsuitable
weather or such other conditions as are considered unfavorable for prosecution of the Work,
failure on the part of the Contractor to carry out the provisions of the Contract or to supply
materials meeting the requirements of the Specifications, or the action of a governmental
agency, by serving written notice of suspension to the Contractor. In the event that the
Engineer shall become aware of any condition which may be cause for suspension of the
Work, the Engineer shall immediately advise the City of such condition. The Contractor shall
not suspend operations under the provisions of this Paragraph without the City's permission.
9.4 CONSTRUCTION REVIEW OF WORK
All materials and each part or detail of the Work shall be subject at all times to construction
review by the Engineer and the City. The Engineer and the City may appoint inspectors. The
Contractor will be held strictly to the true intent of the Specifications in regard to quality of
materials, workmanship, and the diligent execution of the Contract. Such construction review
may include mill, plant, or shop inspection, and any material furnished under the
Specifications is subject to such inspection. The Engineer and the City shall be allowed
access to all parts of the Work and shall be furnished with such information and assistance by
the Contractor as is required to make a complete and detailed review. The City shall not be
responsible for the acts or omissions of the Contractor.
9.5 FIELD TESTS AND PRELIMINARY OPERATION
The Contractor shall perform the work of placing in operation all equipment installed under
this Contract, except as specifically noted hereinafter.
The Contractor shall make adjustments necessary for proper operation.
The Contractor shall provide construction labor required for preliminary operation of the
equipment installed under this Contract.
The Contractor shall notify the City when work is considered to be complete, in operating
condition, and ready for inspection and tests. Further inspection requirements may be
designated in the Technical Specifications.
The City will conduct tests it deems necessary to determine if the Work functions properly.
Arrangements for testing laboratory services will be made by the City. Payment for testing to
show compliance with specified requirements will be paid for by the City. The cost of
retesting when materials and workmanship fail to meet specified requirements will be
deducted from moneys due the Contractor.
9.6 EXAMINATION OF COMPLETED WORK
The City may request an examination of completed work of the Contractor at any time before
acceptance by the City of the Work and shall remove or uncover such portions of the finished
work as may be directed. After examination, the Contractor shall restore said portions of the
Work to the standard required by the Specifications. Should the work thus exposed or
examined prove acceptable, the uncovering or removing and the replacing of the covering or
making good of the parts removed shall be paid for as extra work, but should the work so
exposed or examined prove unacceptable, the uncovering, removing and replacing shall be at
the Contractor's expense.
9.7 CONTRACTOR'S SUPERINTENDENT
A qualified superintendent, who is acceptable to the City, shall be maintained on the project
and give sufficient supervision to the Work until its completion. The superintendent shall
have full authority to act on behalf of the Contractor, and all communications given to the
superintendent shall be considered given to the Contractor. In general, such communications
shall be confirmed in writing and always upon written request from the Contractor.
9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES
Upon failure of the contractor to perform the work in accordance with the Contract
Documents, including any requirements with respect to the Schedule of Completion, and after
five (5) days written notice to the Contractor, the City may, without prejudice to any other
remedy he may have, correct such deficiencies. The Contractor shall be charged all costs
incurred to correct deficiencies.
9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK
In the event of any default by the Contractor, the City shall have the right to immediately
terminate the Contract upon issuance of written notice of termination to the Contractor stating
the cause for such action. This Agreement may be terminated by the City without cause
provided at least thirty (30) days written notice of such termination shall be given to the
Contractor. In the event of termination, the City may take possession of the Work and of all
materials, tools and equipment thereon and may finish the Work by whatever method and
means it may select.
It shall be considered a default by the Contractor whenever Contractor shall:
(a) Declare bankruptcy, become insolvent or assign his assets for the benefit of his
creditors.
(b) Disregard or violate the provisions of the Contract Documents or City's written
instructions, or fail to prosecute the Work according to the agreed schedule of completion
including extensions thereof.
(c) Fail to provide a qualified superintendent, competent workmen or
subcontractors, or proper materials, or fail to make prompt payment for same.
9.10 RIGHTS OF VARIOUS INTEREST
Wherever work being done by the City's forces or by other contractors is contiguous to work
covered by the Contract, the respective rights of the various interests involved shall be
established by the City, to secure the completion of the various portions of the Work in
general harmony.
9.11 SEPARATE CONTRACTS
The City may let other contracts in connection with the Work of the Contractor. The
Contractor shall cooperate with other Contractors with regard to storage of materials and
execution of their work. It shall be the Contractor's responsibility to inspect all work by other
contractors affecting Contractor's work and to report to the City any irregularities that will not
permit completion of work in a satisfactory manner.
Contractor's failure to notify the City of such irregularities shall indicate the work of other
contractors has been satisfactorily completed to receive related work. It shall be the
responsibility of the Contractor to inspect the completed work in place and report to the
Engineer immediately any difference between completed work by others and the Plans.
9.12 SUBCONTRACTS AND PURCHASE ORDERS
Prior to signing the Contract or at the time specified by the City, the Contractor shall submit in
writing to the City the names of the subcontractors proposed for the Work. Subcontractors
may not be changed except at the request or with the approval of the City. The Contractor is
responsible to the City for the acts and omissions of its subcontractors and their direct or
indirect employees, to the same extent as he is responsible for the acts and omissions of its
employees. The Contract Documents shall not be construed as creating a contractual relation
between any subcontractors and the City. The Contractor shall bind every subcontractor by the
terms of the Contract Documents.
For convenience of reference and to facilitate the letting of contracts and subcontracts, the
Specifications are separated into title sections. Such separations shall not, however, operate to
make the Engineer or City an arbiter to establish limits to the contracts between the Contractor
and subcontractors.
9.13 WORK DURING AN EMERGENCY
The Contractor shall perform any work anal shall furnish and install materials and equipment
necessary during an emergency endangering life or property. In all cases, Contractor shall
notify the Engineer and City of the emergency as soon as practicable, but shall not wait for
instructions before proceeding to properly protect both life and property.
9.14 ORAL AGREEMENTS
No oral order, objection, claim or notice by any party to the others shall affect or modify any
of the terms or obligations contained in any of the Contract Documents, and none of the
provisions of the Contract Documents shall be held to be waived or modified by reason of any
act whatsoever, other than by a definitely agreed waiver or modification thereof in writing,
and no evidence shall be introduced in any proceeding of any other waiver or modification.
9.15 NIGHT, SATURDAY AND/OR SUNDAY WORK
No night or Saturday and Sunday work will be permitted, except in case of emergency, or with
prior approval from City, and then only to such extent as is absolutely necessary to protect life
or property. This clause shall not pertain to crews organized to perform restoration work
which needs no verifying inspection, maintenance work on equipment, or to operate and
maintain special equipment such as dewatering pumps which may be required to work 24
hours per day. All such night, Saturday and/or Sunday work must be authorized by the City.
9.16 UNAUTHORIZED WORK
Work done without lines and grades having been established, work done without proper
inspection, or any changes made or extra work done without written authority will be done at
the Contractor's risk and will be considered unauthorized, and, at the option of the City, may
not be measured and paid for.
9.17 USE OF COMPLETED PORTIONS OF THE WORK
The City shall have the right to use, occupy, or place into operation any portion of the Work
that has been completed sufficiently to permit safe use, occupancy, or operation, as determined
by the Engineer. If such use, occupancy, or operation increases the cost of or delays the Work,
the Contractor shall be entitled to extra compensation, or an extension of time, or both, as
determined by the Engineer. However, if Contractor has failed to complete the Work in
accordance with the time requirements of the Agreement, no compensation (including set-offs
to liquidated damages) shall be allowed for such use or occupancy.
9.18 CONTRACTOR'S RESPONSIBILITY FOR WORK
Until acceptance of the Work by the City, it shall be under the charge and care of the
Contractor, and he shall take every necessary precaution against injury or damage to the Work
by the action of the elements or from any other cause whatsoever, whether arising from the
execution or from the non-execution of the Work. The Contractor shall rebuild, repair, restore
and make good, without additional compensation, all injury or damage to any portion of the
Work occasioned by any cause, other than the sole and active negligence of the City, before its
completion and acceptance.
10.0 MEASUREMENT AND PAYMENT
10.1 DETAILED BREAKDOWN OF CONTRACT
Except in cases where unit prices form the basis for payment under the Contract, the
Contractor shall submit a complete breakdown of the contract amount showing the value
assigned to each part of the Work, including an allowance for profit and overhead within ten
(10) days of the execution of the Contract by the parties. Upon approval of the breakdown of
the contract amount by the Engineer and the City, it shall be used as the basis for all requests
for payment.
10.2 REQUEST FOR PAYMENT
The Contractor may submit to the City not more than once each month a request for payment
for work completed. Where applicable, the Contractor may choose to submit a request for
payment at the substantial completion of each work order. The City may elect to provide its
own form for the Contractor to submit progress payment requests. The standard form provided
by the City, or a form presented by the Contractor having received prior approval from the
City, can be used for the submittal of a progress payment.
The Contractor shall furnish the Engineer and the City all reasonable facilities required for
obtaining the necessary information relative to the progress and execution of the Work. In
addition to each month's invoice, an updated project schedule shall be submitted.
Each request for payment shall be computed from the work completed to date on all items
listed in the detailed breakdown of the contract amount less previous payments and back
charges. Progress payments on account of Unit Price Work will be based on the number of
units completed at the time the payment request was dated by the Contractor. If payment is
requested on the basis of materials and equipment not incorporated in the project but delivered
and suitably stored at the site or at another location agreed to in writing, the payment request
shall also be accompanied by a bill of sale, invoice or other documentation warranty that the
City has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, all of which shall be satisfactory to the City. No payments shall
be made for materials stored on site without approval of the City.
An amount of 10% of each monthly pay request shall be retained until final completion and
written acceptance of the Work by the City. Payment of the retainage shall be included in the
Contractor's final pay request in accordance with Paragraph 10.14. Any deviation in the
release or partial release of the 10% retainage shall be at the sole discretion of the City, but in
no case earlier than completion of the Engineer's "punch list inspection".
Any request for payment shall be accompanied by claim releases for work done or materials
furnished in accordance with Paragraph 10.13.
Prior to submission of any request for payment by the Contractor, the Engineer shall review
the request for payment to determine the following:
(a) That the work covered by the request for payment has been completed in
accordance with the intent of the Plans and Specifications.
(b) That the quantities of work have been completed as stated in the request for
payment, whether for a unit price contract or for payment on a lump-sum contract.
10.3 CITY'S ACTION ON A REQUEST FOR PAYMENT
Within thirty (30) days from the date of receipt of a request for payment the City shall do one
of the following:
(a) Approve and pay the request for payment as submitted.
(b) Approve and pay such other amount of the request for payment in accordance
with Paragraph 10.4 as the City shall decide is due the Contractor, informing the Contractor in
writing of the reasons for paying the amended amount.
(c) Disapprove the request for payment in accordance with Paragraph 10.4
informing the Contractor in writing of the reasons for withholding payment.
10.4 CITY'S RIGHT TO WITHHOLD PAYMENT OF A REQUEST FOR PAYMENT
The City may withhold payment in whole or in part on a request for payment to the extent
necessary for any of the following reasons:
(a) Work not performed but included in the request for payment, or the contract
Price has been reduced by written change order.
(b) Work covered by the request for payment which is not in accordance with the
Plans, Specifications and generally accepted construction practices, including if, in the opinion
of the City, there is sufficient evidence that the Work has not been satisfactorily completed, or
based upon tests and/or inspections the work is defective or has been damaged requiring
correction or replacement .
(c) In the event of a filing of a claim or lien, or information received by City of a
potential filing of a claim or lien against the Contractor or City.
(d) Failure of the Contractor to make payments to subcontractors, material
suppliers or labor.
(e) Damage to another contractor.
(f) The City has had to correct a defect in the Work, or there are other items
entitling the City to a set-off against the amount recommended.
(g) Default of any of the provisions of the Contract Documents.
10.5 PAYMENT FOR UNCORRECTED WORK
Should the City direct, in writing, the Contractor not to correct work that has been damaged or
that was not performed in accordance with the Contract Documents, an equitable deduction
from the contract amount shall be made to compensate the City for the uncorrected work.
10.6 PAYMENT FOR REJECTED WORK AND MATERIALS
The removal of work and materials rejected under Paragraph 5.3 and the re-execution of work
by the Contractor shall be at the expense of the Contractor and the Contractor shall pay the
cost of replacing the destroyed or damaged work of other contractors by the removal of the
rejected work or materials and the subsequent re-execution of that work. In the event that City
incurs expenses related thereto, Contractor shall pay far the same within thirty (30) days after
written notice to pay is given by the City. If the Contractor does not pay the expenses of such
removal, after ten (10) days written notice being given by the City of its intent to sell the
materials, the City may sell the materials and shall pay to the Contractor the net proceeds
therefrom after deducting all the costs and expenses that are incurred by the City.
If the proceeds do not cover the expenses incurred by the City, such additional amounts may
be set-off against any payments due Contractor.
10.7 CHANGES IN THE WORK
A. Change Orders
If conditions require a change in the scope of work or additional work varying from the
original Plans or Specifications, such change shall be effected by the Contractor when the City
issues a written Change Order. The Change Order shall set forth in complete detail the nature
of the change, the change in the compensation to be paid the Contractor and whether it is an
addition or a reduction of the original total contract cost. Should additional or supplemental
drawings be required, they will be furnished by the Engineer. All Change Orders shall address
the impact of the change on both Contract Price /Cost and Contract Time /Schedule.
Compensation to be paid to the Contractor for accomplishing the work of a Change Order
shall be established in one of the following ways:
(a) By lump sum proposed by the Contractor and accepted by the City.
(b) By unit prices established and agreed to.
(c) By unit prices established for additional kinds of work.
(d) By other methods as may be mutually agreed upon.
(e) By force account wherein the Contractor provides the labor and materials at
Contractor's direct cost plus 15% for overhead and profit. When the force account method is
used, the Contractor shall provide full and complete records of all costs for review by the City.
B. Claims
Claims arising from changes or revisions made by the Contractor at the City's request shall be
presented to the City before work starts on the changes or revisions. If the Contractor deems
that extra compensation is due for work not covered herein, or in Supplemental Agreement,
the Contractor shall notify the City in writing of its intention to make claim for extra
compensation before work begins on which the claim is based. If such notification is not given
and the City is not afforded by the Contractor a method acceptable to the City for keeping
strict account of actual cost, then the Contractor hereby waives its request for such extra
compensation. The City is not obligated to pay the Contractor if the City is not notified as
described above. The Contractor may refuse to perform additional work requested by the City
until an appropriate agreement is executed by the parties. Such notice by the Contractor and
the fact that the City has kept account of the costs as aforesaid shall not in any way be
construed as proving the validity of the claim.
10.8 CANCELLED ITEMS OF WORK
The City shall have the right to cancel those portions of the contract relating to the
construction of any item provided therein. Such cancellation, when ordered by the City in
writing, shall entitle the Contractor to the payment of a fair and equitable amount covering all
costs incurred by Contractor pertaining to the canceled items before the date of cancellation or
suspension of the Work. The Contractor shall be allowed a profit percentage on the materials
used and on construction work actually done, at the same rates as provided for "Changes in the
Work", but no allowance will be made for anticipated profits. Acceptable materials ordered by
the Contractor or delivered on the site before the date of such cancellation or suspension shall
be purchased from the Contractor by the City at actual cost and shall thereupon become the
property of the City.
10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY
If the Work or any part thereof shall be suspended by the City as provided in Paragraph 9.3,
the Contractor will then be entitled to payment for all work done except as provided in
Paragraph 10.4.
10.10 PAYMENT FOR WORK BY THE CITY
The cost of the work performed by the City removing construction materials, equipment, tools
and supplies in accordance with Paragraph 5.7 and in correcting deficiencies in accordance
with Paragraph 9.8 shall be paid by the Contractor.
10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION OF
CONTRACT
A. Termination by City for Cause
Upon termination of the contract by the City for cause, including abandonment or termination
by Contractor, the City may enter into an agreement with others for the completion of the
Work under this Agreement and the Contractor shall be held harmless for the work of others.
No further payments shall be due the Contractor until the Work is completed and accepted by
the City. If the unpaid balance of the contract amount shall exceed the cost of completing the
Work including all overhead costs, Contractor shall be paid up to the amount of the excess
balance on a quantum meruit basis for the work done prior to termination. If the cost of
completing the Work shall exceed the unpaid balance, the Contractor or its Surety shall pay
the difference to the City. The cost incurred by the City as herein provided shall include the
cost of the replacement contractor and other expenses incurred by the City Through the
Contractor's default. In either event, all work done, tracings, plans, specifications, maps,
computer programs and data prepared by the Contractor under this Agreement shall be
considered property of the City.
B. Termination by City Without Cause
In the event the City without cause abandons, terminates or suspends this Agreement, the
Contractor shall be compensated for services rendered up to the time of such termination on a
quantum meruit basis and any work done or documents generated by the Contractor shall
remain the property of the City.
10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY
The Contract will be considered complete when all work has been finished, the final
construction review is made by the Engineer, and the project accepted in writing by the City.
10.13 RELEASE OF CLAIMS (INTERIM/FINAL)
The Contractor shall deliver, with each request for payment, a completed Affidavit and
Release of Claim on a form supplied by the City. Also, from each supplier or subcontractor
who has notified the City of his right to file a Claim (Notice to City) or who is listed in the
Contractor's Affidavit and Release of Claim as an unpaid, potential Claimant, a Claimant's
Sworn Statement of Account, executed by the supplier or subcontractor, must be attached to
each request for payment.
If the completed forms are not supplied with the request for payment, the City will notify
Contractor of the outstanding claims of record and, if said completed form(s) are not supplied
within thirty (30) days, the City shall make joint payments to the Contractor and outstanding
claimants.
10.14 ACCEPTANCE AND FINAL PAYMENT
When it is determined, as a result of a joint inspection of the Work by the Contractor, City,
and Engineer that the Work has been completed in accordance with the terms of the Contract
Documents, the Engineer shall certify completion of the Work to the City. At that time, the
Contractor may submit the Contractor's final request for payment. The Contractor's final
request for payment shall be the contract amount plus all approved written additions less all
approved written deductions and less previous payments made. As a condition for Final
payment, a Contractor's Final Affidavit must be received by the City along with his Final
Payment Request and any as-built drawings which may be required. The Contractor shall
furnish full and final releases of Claim for labor, materials and equipment incurred in
connection with the Work, following which the City will release the Contractor except as to
the conditions of the performance bond, any legal rights of the City, required guarantees and
satisfaction of all warranty work, and shall authorize payment of the Contractor's final request
for payment.
10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT
The making of the final payment by the City to the Contractor shall not relieve the Contractor
of responsibility for faulty materials or workmanship. The City shall promptly give notice of
faulty materials and workmanship and the Contractor shall promptly replace any such defects
discovered within one (1) year from the date of final written acceptance of the Work by the
City.
11.0 PUBLIC CONTRACT REQUIREMENTS
11.1 COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the Contractor, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for the Contractor, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the
award or making of this Agreement. For the breach or violation of this paragraph, the City
shall have the right to terminate the Agreement without liability and, at its discretion, deduct
from the Agreement price, or otherwise recover, the full amount of such fee, commission,
percentage, gift or consideration.
11.2 INTEREST OF MEMBERS OF CITY AND OTHERS
No officers, members or employees of the City and no member of its governing body, and no
other public official of the governing body of the locality or localities in which services for the
facilities are situated or carried out, who exercises any functions or responsibilities in the
review or approval of the undertaking or carrying out of this project, shall participate in any
decision relating to this Agreement which affects such person's personal interest, or have any
personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.
11.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING
The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or
on behalf of the Contractor to any person for influencing or attempting to influence any officer
or employee of any Federal agency, a member of Congress, an officer or employee of
Congress or an employee of a member of Congress in connection with the awarding of any
Federal contract, the making of any Federal Grant, the making of any Federal loan, the
entering into of any cooperative agreement and the extension, continuation, renewal,
amendment or modification of any Federal contract, Grant, loan or cooperative agreement.
If any funds other than Federal appropriated funds have been paid by the Contractor to any
person for influencing or attempting to influence an officer or employee of any Federal
agency, a member of Congress, an officer or employee of Congress or an employee of a
member of Congress in connection with this Agreement, the undersigned shall complete and
submit Standard Form- "Disclosure Form to Report Lobbying" in accordance with its
instructions.
11.4 INTEREST OF CONTRACTOR
The Contractor covenants that he presently has no interest and shall not acquire any interest,
direct or indirect, which shall conflict in any manner or degree with the performance of
services required to be performed under this Agreement. The Contractor further covenants that
in the performance of this Agreement, no person having any such interest shall be employed.
The Contractor shall not undertake any professional work which conflicts with its duties as the
City's Contractor without the prior written consent of the City during the term of this
Agreement. Any work where the Contractor can reasonably anticipate that it may be called to
testify as a witness against the City in any litigation or administrative proceeding will
constitute a conflict of interest under this Agreement.
11.5 PUBLIC ENTITY CRIMES
The Contractor shall file the attached sworn statement which is entitled PUBLIC ENTITY
CRIMES, stating whether a person or affiliate as defined in Section 287.133 (1) Florida
Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance
with the provisions of said statute.
11.6 DRUG-FREE WORKPLACE
The Agreement documents also include the "Drug-Free Workplace Form" which is in
accordance with Florida Statute 287.089 and must be signed and instituted.
11.7 COMPLIANCE WITH LAWS
Contractor shall comply with all applicable federal laws that in any way regulate or impact the
Work, including, but not limited to, The Clean Air Act (42 USC §7506(c)), The Endangered
Species Act (16 USC § 1531, et seq.), Executive Order No. 11593, Executive Order No.
11988, Executive Order No. 11990, The Fish and Wildlife Coordination Act (PL 85-624), The
Safe Water Drinking Act Section 1424(e) (PL 93-523, as amended), The Wild and Scenic
Rivers Act (PL 90-542, as amended), The Demonstration Cities and Metropolitan
Development Act of 1966 (PL 89-754), Section 306 of The Clean Air Act, Section 508 of The
Clean Water Act, Executive Order No. 11738, The Civil Rights Act of 1964 (PL 88-352), The
Age Discrimination Act (PL 94-135), Section 13 of The Federal Water Pollution Control Act
(PL 92-500), Executive Order No. 11246, Executive Order No. 11625, Executive Order No.
12138, Executive Order No. 12549, The Davis Bacon Act (40 USC §276), the Occupational
Safety and Health Act and applicable regulations, and the Americans with Disabilities Act (PL
101-336).
11.8 INSURANCE
The Contractor agrees to carry insurance, of the types and subject to the limits as set forth
below and maintain said insurance during the life of this agreement:
(a) Workers' Compensation -Contractor shall purchase workers' compensation
insurance as required by law.
(b) Commercial General Liability -Contractor shall purchase Commercial General
Liability insurance with a combined single limit of at least $1,000,000.
(c) Commercial Auto Liability -Contractor shall purchase Commercial Auto
Liability insurance with a combined single limit of at least $1,000,000.
Further, Contractor shall maintain such insurance as is reasonably required to satisfy its
obligations under Paragraph 9.18 for the Work paid for by the City but not yet accepted.
The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The
Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days
written notice of their intent to cancel or terminate said insurance. It is the full responsibility
of the contractor to insure that all sub-contractors have full insurance coverage as stated
above.
The Contractor shall not commence the Work under this contract until Contractor has obtained
all the insurance required under this paragraph and certificates of such insurance have been
submitted to the City, nor shall the Contractor allow any subcontractor to commence work on
a subcontract until all insurance required has been so obtained and approved by the City. The
Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein
and in such form as shall protect Contractor and any subcontractor performing work under this
Contract, or the City, from all claims and liability for damages for bodily injury, including
accidental death, under this Contract, whether by Contractor or by any subcontractor or by any
one directly or indirectly employed by either of them.
The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of
insurance, naming the City as an additional insured party, prior to the start of construction as
provided in the Contract.
11.9 BOND
The Contractor shall provide Bonds in the form prescribed by State Law, and generally as
shown in these Documents, for Performance and Payment, each in the amount of 100% of the
total contract amount.
11.10 PERMITS
All City and St. John's River Vi-'ater Management District permits and other permits necessary
for the prosecution of the Work shall be secured by the City, except for Contractor's licenses
and registrations. Contractor shall secure a building permit if required by the City's Building
Official.
11.11 LAWS TO BE OBSERVED
The Contractor shall give all notices and comply with all federal, state and local laws,
ordinances, permit requirements and regulations in any manner affecting the conduct of the
Work, and all such orders and decrees as enacted by bodies or tribunals having any
jurisdiction or authority over the Work, and shall indemnify and save harmless the City and
Engineer against any expense, claim or liability arising from, or based on, the violation of any
such law, ordinance, regulation, permit requirements, order or decree, whether by Contractor
or its employees. The failure of the Contractor to adhere to any known law or regulation
pertaining to furnishing services under this Agreement shall constitute a material breach of
this Agreement.
The Contractor shall keep fully informed of all existing and pending state and national laws
and municipal ordinances and regulations in any manner affecting those engaged or employed
in the Work, or in any way affecting the conduct of tribunals having any jurisdiction or
authority over the same. If any discrepancy or inconsistency is discovered in the Plans,
Specifications, or Contract for this work in relation to any such law, ordinance, regulations,
order or decree, Contractor shall forthwith report the same to the Engineer and City in writing.
Contractor shall at all times himself observe and comply with and cause all its agents,
subcontractors and employees to observe and comply with decrees; and shall protect and
indemnify the City and Engineer, their officers, employees and agents against any expense,
claim or liability arising from or based upon violation of any such law, ordinance, regulations,
orders or decree, whether by Contractor or its employees.
All building construction work alterations, repairs or mechanical installations and appliances
connected therewith shall comply with the applicable building rules and regulations,
restrictions and reservations of record, local ordinances and such other statutory provisions
pertaining to this class of work.
11.12 INDEMNIFICATION
For other and additional good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the Contractor shall and does hereby indemnify, hold harmless and
defend the City of Sebastian, its officers, agents, officials, representatives and employees
against any and all liability, loss, cost, damages, expenses, claim or actions, or whatever type,
including but not limited to attorney's fees and suit costs, for trial and appeal which the City
of Sebastian, its officers, officials, agents, official representatives or employees or any other
person(s) or business entity(ies) who may hereafter sustain, incur or be required to pay, arising
wholly or in part due to any act or omission of Contractor, its agent(s), vendors, sub-
contractor(s), representatives, servants, or employees in the execution, performance or
nonperformance or failure to adequately perform Ccntractor's obligations pursuant to this
contract.
12.0 NIISCELLANEOUS
12.1 ADDRESSES FOR NOTICES
All notices given under or in connection with any of the Contract Documents shall be
delivered in person or by telegraph or email (confirmed) or registered or certified mail to the
parties at the address as either party may by notice designate.
12.2 WRITTEN NOTICE
Written notice shall be considered as served when delivered to the designated representative of
the Contractor and receipt acknowledged or sent by registered mail to the individual, firm, or
corporation to the business address stated in Bid Proposal.
Change of Address: It shall be the duty of each party to advise the other parties to the Contract
as to any changes in his business address until completion of the Contract.
12.3 TAXES
Contractor shall pay all sales or other taxes of any type which may be incurred in connection
with the Work hereunder, and shall reimburse the City for any such taxes paid by the City.
12.4 TIME IS OF VITAL IMPORTANCE
It is agreed and understood that time is of vital importance with respect to the completion date
for the Work and all other provisions of the Contract Documents.
12.5 NO WAIVER OF LEGAL RIGHTS
Neither the payment for, nor acceptance of the whole or any part of the Work by the City or
representatives of the City, nor any extension of time, nor the withholding of payments, nor
any possession taken by the City, nor the termination of employment of the Contractor shall
operate as a waiver of any portion of the Contract or any power therein reserved or any right
therein reserved or any right therein provided, nor shall the waiver by the City of any of the
Contractor's obligations or duties under this Agreement constitute a waiver of any other
obligation or duty of the Contractor under this Agreement.
12.6 RIGHT TO WORK PRODUCT
No reports, data, programs or other material produced in whole or in part under this
Agreement shall be subject to copyright by the Contractor, in the United States or in any other
country. The City or its assigns shall have the unrestricted authority to publish, disclose,
distribute and otherwise use, in whole or in part, any reports, data, programs or other material
prepared under this Agreement. All tracings, plans, specifications, maps, computer programs
and data prepared or obtained under this Agreement shall remain the property of the City.
Any use of any plans and specifications by the City except the use reasonably contemplated by
the City at the time the City entered this Agreement will be at the City's risk and Contractor,
its officers, directors and employees, will be held harmless from such use.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the
day and year first above written.
AT T:
Sally A. io, MMC
City Clerk
SEBASTIAN
~1I(Minner
City Manager
(SEAL)
Approved as to Form and Content for:
Reli a by the City of Sebastian Only
Robert A. Ginsburg, City Attorney
___--------------------- CONTRACTOR -------------------------
Signed, sealed and delivered
in the pres ce of:
NAME:
n ~ o~
a
NAME:
~(-~D~ \ \ow~w
B . - '~_
Name: ~_~'~
Title: V -~(Q~Q~~--
Bid Information Package
City of Sebastian, FL !Schumann Basketball and Tennis Courts
10 April 2009
TECHNICAL SPECIFICATIONS
BASKETBALL COURTS
DESCRIPTION•
A. Construction: The work in this section consists of construction of Basketball Courts including
curb, post nets and related equipment. The Tennis Courts shall consist of I" of Type Ill asphalt
surfacing course over 6" compacted limerock, a surface preparation coat and applications of a
color finishing'course.
B. The contractor shall furnish all labor, paint, equipment, appliances, and materials and perform all
operations in connection with the complete installation in strict accordance with these
specifications and applicable drawings, and subject to the terms and conditions of the contract. A
written guarantee for one year in workmanship and materials must be submitted before contract
completion.
C. Contractor's Personnel• The installation of the surface as described in these specifications require
the services of a superintendent who has had experience in this particular type of construction. In
the event such an experienced superintendent is not available from the Contractor's normal
personnel, it shall be required of the Contractor that he secures the service of such a person. The
qualifications of the person shall be furnished to and approved by the Parks Administrator, before
starting the installation of the materials.
D. See Scone of Work
IAO GENERAL
1.01 Theses ecifications are intended to describe the construction of two 2 94'x SO'
_Basketball courts
1.02 Each bidder shat! visit t site and make himself full aware of a1J conditions
affecting the work
1.03 All water for Floodin the courts and electrical ower to be fu 's ed b the owner.
1.04 Contractor shell leave the 'ob free and clean of all trash u on com letion of the
work.
I.OS AlI surfacin materials for the ro'ect shall be as manufactured b California
Products Corporation or equal in alt respects
2.00 GENERAL
2.Oi The sub grade shall be compacted to 98% density minimum, as determined by
AASHO-7-180-57 method. Testing ofgrade shall be by Owner.
2.42 The sub grade must be shaped to true lines and elevations as to assure uniform
thickness of the base course. Surface of the sub grade shall not be more than'/q"
above or below sub grade elevation shown on drawings. Compaction of sub
grade shall extend ] 0' outside offence line.
Schumann Basketball & Tennis Courts
Bid lnformalion Package
70 April 'a9 / Pg 3 of 9
Bid information Package
City of Sebastian, FL !Schumann Basketball and Tennis Courts
't0 April 2009
3.00 SLOPE REQUIREMENTS
3.01 All excavating, filling, compacting, grading and leveling work required
hereunder shall be performed so that the finished court surface slopes one inch
(1") in each ten feet (l0') on a true plane from end to end of court or side to
side, as so indicated an the drawings.
4.00 BASE CONSTRUCTION: Base area 94 ft r 50 ft
4.01 Abase course as indicated on drawings shall be installed over the sub grade
detailed herein before.
4.02 Base material shall be lime rock and shall meet applicable SRD specifications,
Sec. 200 (except 200-] ). Compacted thickness shall be 6" minimum.
4.03 The material shall be spread by methods, and in a manner, proposed by the
contractor to produce a uniform density and thickness, and the grades and
dimensions shown on the drawings, and elaborated herein after. Base shall
extend 1'-0"minimum outside of fence line. '
4.04 The material as spread shall be compacted by rolling with a powered steel wheel
tandem roller weighing not Iess than eight (8) or more than ten (10) tans, or by
other equipment producing 95% density minimum (RASH-7-I80-57). Surface
of the base course as compacted shall not vary from the specified grade more
than '/," in ten feet (10') measured in any direction.
5.00 SURFACE COURSE: Base Area 94 ft x 50 ft
5.01 Furnish and install 1" minimum compacted thickness of asphaltic concrete
surface, Type III, as per D.O.T. Manual 1977. All asphalt material must be
virgin material and screenings (iron} pyrite free.
5.02 Tolerance of the surface course shall be I/8" in 10' when measured in any
du•ection.
5.03 The asphalt shall be compacted with a 4 to 6 ton roller to maximum density.
5.04 The job mix formula shall be such as to produce a mixture possessing a Marshail
Field stability of not less than 2000 pounds.
5.05 Extraction and gradient test shall be performed on surface course, if required.
5.06 Surface course shall extend 6" outside of the fence tine and edge of court where
water drains off shall be turned down to prevent erosion of the base course
unless concrete perimeter curb is provided.
5.07 All edges shall be neatly trimmed to true lines.
Schumann 13asketbal! 8 Tennis Courts
Bld lnformat/on Package
10 April '09 / Pg 4 of 9
Bld Information Package
City of Sebastian, FL / Schumann Basketball and Tennis Courts
10 April 2009
6.00 CONCRETE PERIMETER CURB (OPTIONAL)
6.01 A concrete curb shall be constructed around the entire perimeter of the court (6"
wide x 12" deep).
7.00 POSTS AND GOALS
7.01 Basketball goals to be by "Bison Co." or equal Model #PR-50
Support past Q '/" O.D. Galv. W/48" extension backboard Model BA475
aluminum fan shape.
Rim model BA39U heavy-duty rim. Net Model nylon cord net. (Lifetime
warranty of backboard).
7.02 Support post to be set on a concrete footer 3 ft x 3 ft sq x 3.6" deep. Bottom of
post to set on a concrete block. Installation of equipment to be as Manufacture's
recommendations.
8,00 COLOR FINISH SYSTEM
8.01 Prior to application of court surfacer or color system the entire paved surface
shall be flooded with water, then (5) minutes after flooding, all areas that hold
water over the thickness of a nickel shall be patched and leveled with Court
Patch Binder as manufactured by California Products Corporation or approved
equal.
8.02 The paved area then shall Rave one (I) coat of Acrylic Resurfaces as
manufactured by California Products Corporation or approved equal, squeegeed
over the entire paved area, except area outside of fencing.
8.03 .Then two (2) coats of Fortified Plexipave color coating as manufactured by
California Products Corporatian or approved equal, shall be squeegeed over
entire paved area. All coats shall be parallel with net. Color Selection shall be
by Owner. Alternate One (1) additional coat of color coating (3 coats total},
9.00 MATERIALS AND APPLICAITON
1.0] Materials for the surfacing and color systems shall be delivered to the site in
sealed, properly labeled containers, and any water used in mixing shall be fresh
and clear. Spreading rates shall be as per manufacturer's recommendations.
Surfacing materials shall be applied only if weather conditions are as
manufacturer's recommendations. Material shall be strictly applied as per
manufacturer's directions.
10.00 LINES
10.0] Courts shall be lined with white regulation markings in accordance with
American Sports Builders Specification. All lines must be sharp and true,
Basketball line material shall be Hi-Hide Plexicolor Line Paint as manufactured
by California Products Corporation or approved equal.
Schumann Basketball & Tennis Courts
Bld lnfonnafion Package
10 Rpril '09 / Pg 5 of 9
Bid Information Package
City of Sebastlan, FL / Schumann Basketball and Tennis Courts
'10 April 2009
11.00 F~IVCi1•IG
1 I.O1 No fencing is proposed on plans for the basketball courts.
12.0 SCOPE OF WORK
WORK BY THE OWNER OR OTHERS
12.01 Furnish water as required for work.
12.02 Pay for ail required testing of materials, soils, etc
12.03 Grassing or sodding on exterior of the court,
NOTE: Contractor shall pay for retesting should any original test fail.
13.0 WORK BY THE CONTRACTOR
13.01 Provide and install complete Basketball Courts as per these specifications, ready
for play.
Schumann 8asketba/! & Tennrs Courts
bid Information Package
70 April '09 / Pg 6 of 9
Bid Information Package
City of Sebastian, FL / Schumann Basketball and Tennis Courts
10 Apri12009
TECI-I'tVICAL SPECiF1CATIONS
EXISTING TENNIS COURT RESURFACING
The following scope of work shall be completed when resurfacing the existing tennis courts:
SCOPE OF WORK:
Furnish all supervision, labor, tools, material
Courts 1 through 6 at the Schumann Tennis Park
and equipment necessary for the' resurfacing of
2• WORK REQUIREMENTS
All court reconditioning and resurfacing shall take place inside the fence line, +/- 108' X 120'
unless stated otherwise.
2.l Surface Preparation:
Remove all mildew, ail spots, loose dirt and foreign matter fram courts 1 through 6. Pressure clean
surface as needed. All mildew is to be removed with pressure washer and detergent. Surface shall
be left smooth.
22 Crack Repair:
Alf cracks 3/8" and wider shall be cleaned out and filled with acrylic crack filler. All cracks
narrower than 3/8" shall be cleaned out and filled with acrylic resurfacer. Al! repaired areas shall
be flush, after curing, with the surrounding areas. Jf not, they shall be compacted or grounded
down, and/or additional material added to make them flush and even with the surrounding areas.
2.3 Patching;
Prior to resurfacing, the entire surface area shall be checked for depressions or irregularities. All
areas holding water 1/8" deep or greater one hour after flooding shall be patched and leveled with
an approved Court Patch Binder, which shall be installed in accordance with the manufacturer
recommendations. Tack coating area may be required.
2.4 Fiberglass Membrane:
Furnish and install a 10x20 mesh fiberglass membrane over the entire surface area of all courts.
The fiberglass membrane shall be installed with the manufacturer recommended bonding agent in
strict accordance with all the manufacturer requirements.
2.5 Surface Course:
Apply over the entire area a minimum of two (?) coats of concentrated acrylic resurfacer fortified
mineral fillers, fiber and silica sand. Resurfacer shall be placed over the cured fiberglass
membrane and she!] fill, mask and embed the membrane.
2.6 Texture Course:
Apply two (2) acrylic filter coats to provide a tough, durable texture surface with acrylic green
color material to give in depth color. Materials shall be mixed and applied in accordance with the
manufacturer recommendations in order to obtain the proper application consistency and a
homogeneous mix. The color of both entire courts will be green. The finished surface shall have a
uniform appearance and be free from ridges and tool marks.
Schumann Basketball 8 7'ennls Courts
Hld lrrfonnallan Package
i 0 April `09 I Ag 7 of 9
Bid Information Package
City of Sebastian, FL! Schumann Basketball and Tennis Courts
'!0 April 2009
2.7 Playing Lines:
Four hours minimum after completion of the resurfacing, accurately locate, mark and paint two (?)
inch wide playing lines as specified by the U.S. Tennis Association using a white stripping heavy
bodied acrylic latex paint for application to asphalt or acrylic coated surfaces.
2.$ Net Posts:
Sand and clean the existing net posts and apply two {2) coast of Rustoleum Forest Green.
3• MATER]ALS:
Contractor shall use only materials approved for the intended purpose. The Fiberglass Membrane
with the Plexipave Acrylic System manufactured by California Products Corporation or approved
equals shall be used on this project.
~• WORK STATIONS:
All work shall be done in a workmanlike manner and shall conform to standards for tennis court
construction as specified by the United States Court and Track Builders Association.
~. GUARANTEE:
Contractor shall warrant all work done against defective materials and workmanship For a period
of two (2) years from the date of completion.
6• SITE ACCESS AND CLEAN UP:
Access to Schumann Park Tennis Courts to perform any work or related activity shall be
previously scheduled and coordinated with Mr. Chris McCarthy, Parks Superintendent {772) 228-
7054.
Contractor shall maintain the work site clean at all times and remove all debris from Schumann
Park on a deity basis or as directed by the Parks Superintendent. Upon completion of all the work,
Schumann Park shall be left in a condition acceptable to the Parks Superintendent.
Schumann 8asketbal/ d Tennis Courts
Bid lnfom~ation Package
i0 Aprf! 'd9 / Pg 8 of 9
Bid Information Package
City of Sebastian, FL I Schumann Basketball and Tennis Courts
'10 April 2009
TECHNICAL SPECIFICATIONS FOR LIGHT FIXTURES
1.00 INSTALLATION OF LIGHT POLES & STANDARDS, FIXTURES, AND FOUNDATION
Description:
The Contractor shall construct n minimum of rivo (2)}new pole foundations far the
full size basketball courts following the installation of the electrical conduits
and prior to application of the color surfacing system.
Installation:
The Contractor shall excavate a 3'0" deep by 3 foot diameter hole for each light pole
foundation. DO NOT OVEI2DIG THE HOLE FOR THE FOUNDATION during
construction. If the hole is overdug, the concrete will have to be poured to the limits
of the undisturbed soil at the Contractor's expense. Each foundation to anchor bolts
of the type and in the configuration required by the manufacturer of the fixtures /poles.
The bolt circle shall be placed as per manufacturer's instructions. The electrical
conduit sweeps shall all be set in place prior to pouring the concrete, Concrete shall
be 2500 psi minimum and shall be poured in place against the undisturbed soil wall.
The top of the foundation shall be set hush with the top of the asphalt and shall have
a light broom finish. All anchor bolts shall be covered with threaded PVC caps or
custom made plastic or sheet metal covering which shall be anchored with one bolt
in the middle of the foundation. It shall be green in color to match the finish surface
of the court. A sketch ar shop drawing of the cover shall be furnished to the City
Engineer for prior approval before fabrication. Tops of the foundations shall be
slightly sloped away from the center to the outside of the foundation.
Lighting fixtures /poles shall be MUSCO or demonstrated equivalent in meeting the
needs and best interests of the City.
ADDITIONAL ITEMS
1. ADA Ramp per FDOT Index 303 and 304.
2. Remove and salvage existing light pole and Fxiures, including removal and disposal of light
pole foundation.
Schumann 8askefbs118 i'ennis Courts
Bid Information Package
10AprU'09/Pg8of9
Bid Information Package
City of Sebastian, FL I Schumann Basketball and Tennis Courts
10 April 2009
B!D AROPOSAL PRICE FORM
The undersigned having become thoroughly familiar with all of the Bidding Documents
incorporated herein, the project site and the location conditions, and time schedule affecting the
work, hereby proposes to pertorm everything required to be performed in strict conformity with the
requirements of these documents, and to provide and furnish all the supervision, labor, materials,
tools and equipment necessary to provide the services meeting or exceeding the specifications
as set forth herein for the price quoted below. The price quoted is inclusive of any Addenda,
which may be issued.
By the signature below, the Contractor agrees that this Bid 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
this bid, the Contractor agrees to enter into said agreement within ten (10) consecutive calendar
days after notice by the City of Sebastian, and agrees to ail the terms and conditions of all
documents stated herein with the City of Sebastian for the below stipulated price which shall
remain firm for sixty (60) days following bid opening date,
Two (Z) New Basketball Courts
Fencing
.Lighting
Resurtacing Six (6) Tennis Courts
$ 42,126.17
~ N/A
~ 43,213.83
$ 33,660.00
LUMP•SUM BID AMOUNT:
$ 119 000.00
ONE HUNDRED NINETEEN THOUSAND DOLLARS AND ZERO CENTS.
(Written Amount)
MARGARET FENTON
Authorized nature Printed Name
SUNSHI LAND DESIGN, INC. VICE PRESIDENT
Firm name & Address Title
3291 SE LIONEL TERRACE
STUART, FL 34997
772-283-2648
Phone Number
MAY 14, 2009
Date Signed
Schumann 8asketbei! & Tennis Courts
Brd lnfo-matlon Package
70 April 'p9 / Pg 2 of 9
DRUG-FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute ?87.087 hereby certifies
that SUNSHINE LAND DESIGN, INC.
does:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy
of maintaining a drug free workplace, any available drug counseling, rehabilitation,
employee assistance programs and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph I, 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 cantendere 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, ar 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 f rm complies fully
with the above requirements.
Date: F~~g
Sig tore
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. ] 33(3)(a),
FLORIDA STATUTES, ON FUBLIC ENTITY CRIMES, including proper check(s), in the
spaces} 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. l 32 - ] 33,
Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the
Florida Department of General Services to maintain and male 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 yr 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, raelceteering, 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 35 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 (forrnaI
Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or
services ~to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the
Contract/Agreement officer or Purchasing Director, as applicable. Tlie 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 SWORl`~ STATEMENT OR AFFIDAVIT SHALL BE
SUBNIITTED CONCURRENTLY WITH YOUR UOTE OR BID DOCUMENTS. NON-
INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR
QUOTE OR BID.
SWORN STATEMENT UNDER SECTION 287.133(3)(x),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
TffiS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICER AUTHORIZED TO ADMIlVISTER OATHS.
1. This sworn statement is submitted with Bid, FroposaI or Agreement No,
SCHUMANN BASKETBALL for THE CITY OF SEBASTIAN.
& TENNIS COURTS
2. This sworn statement is submitted by TN HTN . L N DESIGN, INC .
(name of entity submitting
sworn ~ statement) whose business address is
~ ~ F r,T~N~r, TERRACE STUART FLORIDA 34997 and (if applicable)
lt5 Federal Employer Identification (FEIN) is 5 9 - 2 712 8,~ 2 (If the entity has
no FEIN, include the Social Security Number of the individual signing this sworn
statement: )
3. My name is _ MARGARET FENTON (please print name of
individual signing) and my relationship to the entity named above is
_VTCF. PRF~TTIF.TQT
4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida
Statutes, means a violation of any state or ,federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or with the United States, including, but not
limited to, any bid or Agreement for goods or services to be provided to any public entity
or an agency or political subdivision of any other state or of the United States and
involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b),
Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or
without an adjudication of guilt, in any federal or state trial court of record relating to
charges brought by indictment or information after July 1, 1989, as a result of a jury
verdict, nonjury trial, or entry of a plea of guilty or polo contenders.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(x), Florida Stahites,
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 anotJler
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 afFliate.
7. I understand that a "person" as defined in Paragraph 287.I33(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 ]et 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.)
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, ] 989.
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 aff liate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate
which additional statement applies.)
There has been a proceeding concerning the conviction before a hearing
officer of the State of Florida, Division of Administrative Hearings. The final order
entered by the hearing off cer did not place the person or affiliate on the convicted vendor
list. (PIease attach a copy of the final order.)
The person or affiliate was placed on the convicted vendor List. There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer determined that it
was in the public interest to remove the person or affiliate from the convicted vendor list.
_ (Please attach a copy of the final order.)
The person or affiliate has not been placed on the convicted vendor list. (Please
describe any action taken by or pending with the Department of General Services.)
(Signat re)
Date:~~ y ~ ~ 1
STATE OF FLORIDA
COUNTY OF -"~~r~n
The foregoing instrument was acknowledged before me this ~ day of
2009 by 0~.(Q rod- ~~n ~/'i~ ;~ ` (title) on
behalf of~ns~,~ la-~d~, De s ~ ~,~ N. ( .
known to me or has roduced ~ • °` C.o~ ?°f`'~'' ~^ • ~ i~~she is personally
P as identification and did ()did not (-~
take an oath.
~ Cn,~/
Name: ~J~,v'~~ L ~ OW Csc~
My Commission Expires: i ~~ ~ ~t
Commission Number:_ ~ ~ ~J a7 ~ 5 ~
NOTARX PUBLIC-STATI; OF FLORIDA
"•., Santis L. Rowell
:Commission #DD727252
expires; DEC. 07, 2011
BCNDED TIIRU ATLAh"I'IC BONDING CO, INC,