HomeMy WebLinkAbout2004 Community Asphalt CorpCITY OF SEBASTIAN CHANGE ORDER FORM
CHA~GE ORDER #: 3
PROJECT NAME: Construct Runway 9-27
PURCHASE ORDER #: 4481
PROJECT #: C3501
CONTRACTOR: Comnmnity Asphalt
PHONE #: 772-770-3771
ADDRESS: 5100 29t~ Ct
Vero Beach, FL 32967
CONTRACT NAME:
Taxiway
CONTACT DATE:
Rehabilitate Runway 9-27 and Construct Parall
05-25-04
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated here~n. Upon proper
execution of tl~s document, the CouP:actor is hereby nofified to commence work. All changes stated below are hereby
incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contxact are enjoined
~n full t~:e~d~l~cutmg the change(s) stipulated as follows:
DESCRIPTION: ~
Increase Contract Time. See Attac~
~A) co~rmnCT Pm~E P~0R To THIS CHANaE $_ ~.~L690.85
NET INCRF~SE (DECP~EASE) RESULTING FROM THIS CHANGE
$ NONE
NEW CONTP-~CT PRICE INCLUDING THIS CHANGE ORDER
$_ 1,111.690.85
B) CONTRACT TIME pRIOR TO THIS CHANGE (NUMBER OF DAYS)
180 days
NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) 84 days
NEWCOMPLETIONDATEINCLUDINGTHISCHANGE MO. 12 DAY 21 YR 04
AGREED:
CONTRACTOR:
Authorized Signature
Approvals By City of Sebastian Staff:
Airport Director ~as to Lcgpe
Finance Director '"-:~~as to budget
City AttorneYl ~_.~J~ as to legal
Genera Services Admin. ] ~ as to contract/procurement
03/00/2005 1~:59 17727703707 COHNL~IT¥ ASPHALT PC~GE 02/02
CITY OF SEBASTIAN C]tA~GE ORDER
CHANGE ORDER #: 2
I~J'RCH.~ ORD~,R #: 4481
COI'iTt~CTOR: Commanity Asphalt
PRO.Y~CT NAMe: Censt~ct Runway 9-27
I~RO,T~CT #:
PHOI~E #: 772.770-:)771
ADDRESS: $100 2~~ Ct
V~ro Beach, FL 32967 CoI~TI~CT N~
~c~ ~ ~ a p~ of ~ ~aa~ i~ abo~,, ~ all ~e
t~'ia~ee DIr~tor
~-ally ~ MsI~C~VlC, CiW Cl~rk
CITY OF SEBASTIAN CHANGE ORDER FORM
CHANGE ORDER #: 1
PURCHASE ORDER #: 4481
CONTRACTOR: Community Asphalt
ADDRESS: 5100 29t~ Ct
Vero Beach, FL 32967
PROJECT NAME: Construct Runway 9-27
PROJECT #: C3501
PHONE #: 772-770-3771
CONTRACT NAME:
Taxiway
CONTACT DATE:
Rehabilitate Runway 9-27 and Construct Parall
05-25-04
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper
execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby
incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined
and in full force while executing the change(s) stipulated as follows:
DESCRIPTION:
Furnish and install four, 4"conduits under runway and taxiway. See,4ttached.
A) CONTRACT PRICE PRIOR TO THIS CHANGE
NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE
NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER
$ 4.870.32
$ 1.091.923.22
B) CONTRACT TIME pRIOR TO THIS CHANGE (NUMBER OF DAYS)
365 days
NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS)
NEW COMPLETION DATE INCLUDING THIS CHANGE
n/a days
MO. DAY YR
AGREED:
Finance Director
City Attorney
Approvals By City of Sebastian Staff:
Airport Director ~~~ a~st~oS~iPdlet
~ as to legal
General Services Admin. ~ as to contractJprocurement
~al~y A~M~, CMC, City Clerk
Approved as to Form and Content for Reliance
By the City of Seba~ian Only:
Rich Stringer, City Attorneg/
CONSTRUCTION SERVICES AGREEMENT
ms AGRE mNr made his
,2~000, by and between the CiTY
OF SEBASTIAN, a municipal corporation of the State of Florid,( 1225 Main Street, Sebastian,
Florida, 32958, ("City") and Community Asphalt Corporation. aFlorida corporation authorized
to do business in the State of Flor/da, 5100 29t~ Court, Veto Beach, FL 32967("Contractor.")
WHEREAS, the City desires to engage a Florida licensed contractor who has special and
unique competence and experience in providing construction services necessary to complete the
Project hereunder; and,
WHEREAS, the Contractor represents that it has such competence and experience in
providing these services; and,
WHEREAS, the City in reliance on such representation has selected the Contractor in
accordance with its procedure for selection of Contractor; and,
WHEREAS, the City and the Contractor desire to reduce to writing their understanding
and agreements on such professional services.
IT IS, THEREFORE, AGREED as follows:
ARTICLE I - The Contractual Relationship
1.0 EMPLOYMENT OF CONTRACTOR
The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to
perform professional services for .the City in accordance with this Agreement. This Agreement is
not an exclusive agreement and the City may employ other contractors, professional or t,echnical
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 fight, 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 DOCU1VIENTS) consist of this
Agreement, Supplemental Agreement(s), Notice of Invitation to Bid, Instructions for Bidders,
Bid Proposal, Bond Forms, Plans and Technical Specifications, Work Orders, Change Orders,
Addenda if any, any other documents listed in the Agreement Documents, and written
modifications issued after execution of this Agreement, if any.
2. i INTENT
Thc Specifications are ~n integrated part of the Contract Documents and as such will not
stand alone ff rased independently. The Spccifica:ions establish r. inimmn standards of
quality for this Project. They do not purport to cover all dat2{l~ entering rotc the design
and construction of materials or equipment. Thc 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 o£ 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 miuor
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 AGKEElvfENT
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 w~tten agreements, representations, warranties, statements, promises or
understa~cllngs 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 t~m thereof may be changed, waived, discharged or
t~minated 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 agaimt 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 A_ND WAIVER OF TRIAL BY JIJKY
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 Wiai by jury in any action to enforce or
otherwise resolve any dispute arising hereunder.
This A~reement 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 tenmnated in accordance
with the tenns hereunder.
3.0 DEFINITION OF TER1VIS
3.1 GENERAL
Whenever the following terms appear in these Agreement Documents, their intent and
mea~ing 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. Pain, Wind or other natural
phenomenon (includi,lg 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 AGREBlvlENT
A written agreement between the Contractor and Owner de51~ug m 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 or PROPOSAL
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 P/[OPOSAL GU.4.RANTEE:
Bidder shall submit a Bid Bond or Proposal Guarantee in the mount 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, parmer~hJp, or corporation submitting a proposal for the work
contemplated; acting directly or through a duly authorized representative.
3.9 CHANGE OI~F_~
A written order iss~aed to the Conlracmr by the City and covering changes in the plato,
specifications, or scope of work when the amount of work changed is not deemed
sufficient to reqmm a supplemental agreement, or adjustments in the Contract Price or
Cona'aat Time.
3.10 CONTI~CT ADDENDUM
A special writtcm pm'vision modifying or clarifying the terms and conditions of the
Contmzt. The Contract Addendum shall be consid~ed as part of the contx-act documents.
3.11 CONTI~C TOR
· The word "Contractor" shall mean au individual, partnership, or corporation, and his,
their or its heirs, execato~s, administrators, successors cud aasig~s, or the lawful agent of
any such indiv/dual, fro:n, partnership, covenam or corporation, or his, their or its surety
under amy contract bond, constituting one of the l~rincipals to the Contract and
underca~ng to per/om the work herein.
3.12 DIRECTW_~, OI~DBP,.ED, APPROVED & ETC.
Wherever in the Agreement Document the words "directed", "ordered", "apwoved",
"permitted", "acceptable", or wor~ of similar import are mod, it shall be understood that
the direction, order, approval or acceptance of the Owner is intended unless otherwise
stated.
3.i3 ENGINEER
A Professional Engfin¢cr duly licensed and registered in the State of Florida and
desi~mated by the City as Engineer. The City may designate a staff member as Engineer
who is not iicmnsed.
3.t 4 GENEP. AL CoNDmo/gs
The directions, provisions and requirements contained w~thin the Agreement Documents,
all describing the general manner of perfo~'n~g the Work mclading detailed technical
requirements ~lative to labor, metefial equipment, and methods by which the Work is to
be locrforrned and prescribing the relationship between the City and the Contractor.
3.1 $ 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 q,m]~fied laboratory designated by or acceptable to the Owner to
perform necessary testing of materials.
3.17
City of Sebastian
3.18 PERFORMANCE AND PAYIVIENT BONDS
Contractor shall submit bonds hi 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 mount.
3.19 PLANS
The official, approved plans, including reproduction thereof, showing the location,
char~ter, dimensions and details of the work to be done. All shop drawings submitted by
the Contractor shall be considered as part of the conlract docttments.
'3.20 PROPOSAL
The proposal or bid is the written offer of a Bidder to pm'form the work described by the
Conlrac; 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 varyin~ from or additional to the
Standard Specifications for a specific project.
3.22 SPBCIFICAT/ONS
The ddreefions, 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 quantifies and qualities of mate:sals, labor and equipment to be furni~ed under
the Agreement.
3.23 SUBCONTRACTOR
An individual, partn~a-ship or corporation supplying labor, equipment or materials under a
direct contract with the contractor_ for work om the project site. Included is the one who
supplies materials fabricated or formulated to a special design a~cording to the plans and
specifications for the partScular project.
3.24 SUPPLEMENTAL AGltEE/ViENT
A written understanding, or proposal and acceptauce, executed between the City and the
Contractor subsequent to executiou of the Agreement h~rcin with the written consent of
the Contractor's Surety, relating to the work coy*red 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 und Payment Bonds and is bound with the Contractor for
the acceptable performance of the contracted work and for the payment of all debts
pertaining thereto.
3.26 WORK, (The) or PROJECT, (The)
The public improvement contemplated in the Plans and Specifications, and all actions
necessary to construct the same.
3.27 WORK ORDER
Work orders are work instructions including specification and plans that show the
location, character, dimensions and details to the work to be done. Work orders are
specific instructions, of I/mited scope, that will be a part of this contract. Work orders
shall be considered as part of the contract documents.
l0
ARTICLE II - Performance
4.0 PLANS, SPECIFICATIONS AND RELATED DATA
4.1 INTBNT OF PLANS A.ND SPECIFICATIONS
The intent of the Plans, Specifications, Work Orders and other Contract Documents is
that the Contractor famishes all labor and materials, equipment, supervision and
tra~ortafion necessary for the proper execution of the Work unless specifically noted
otherwise. The Cona~actor shall do al/the work shown on the Plans and described in the
Specifications and other Contract Documents and all incidemal work considered
necessary to substantially complete the Work ready for use, occupancy, or operation in a
m~nner 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, calculated dimensions will govern
over scaled dimensions; Technical Specifications shall govern over the general contract
provisions, plans, and cited standards or FAA circnlars; general contract provisions shall
govern over plans, and cited standards or FAA circulars; and plans shall govern over
cited standards or FAA circulars.
4.3 DISCREPANCIES IN PLANS
Any discrepancies found between the Plans and Specifications and site conditions, or any
errors or omissions in the Plans or Specifications, shall be immediately reported to the
Engineer and City. The Engineer shall promptly determine the validity and seriousness
of the claimed condition and correct any such error or omission in writing, or otherwise
direct Contractor. A.uy work done by the Contractor after his discovery of such
discrepancies, errors or omissions shall be done at the Contractor's risk.
Any correction or errors or omissions in Plans and Specifications may be made by the
Engineer when such correction is necessary for the proper fulfillment of their intention as
construed by him. Where said correction of errors or omissions, except as provided in the
next two (2) paragraphs below, adds to the amount of work to be done by the Contractor,
compensation for said additional work shall be made under the Paragraph 10.7
CI-LdNGE$ 2hr THE V/ORK 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 fart 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
Plan.% 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 Pis. ns and Specifications.
Ail work indicated on the Plans and not mentioned m the Specifications or vice versa,
and all work and material usual and necessary to make the Work complete in ali its parts,
whether or not they are indicated on the Plans or mentioned in the Specifications, shall be
furnished mud 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 Bnginecr will provide full information when errors or
omissions are discov=ed.
4.4 DRAWINGS AND SPECII~iCATIONS AT JOB SITE
One (1) complete set of all Plans, Specifications, Work Orders, Addenda, Change Orders,
Shop Drawings and samples shall be maintamed at the job site, in good order and
annotated to show ail changes made during the construction process, and shall be
available to the Engineer and City at all times. A fmal copy thereof, along with "as-built"
record drawings, operalious 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 fi-ished dimensions, these shall be verified by the Contractor at site, and he
shall assume the responsibihty 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 furmsh any required samples
without charge. The Contractor shall be g/yen sufficient notification of the placing of
orders for materials to pt, mit 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 Laboratorfs 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, aI~ expenses, mohiding per ddcm for thc Bng~ueer 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 thc field as re, quired by
the Plans and Specifications or Engineer's instructions. Deviations from the Plans and
Specifications shal] 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 schedale:
(a) Three (3) copies shall be submitted to the City at least thirty (30) days
before the materials i~cticated thereon are to be needed or earlier if required to prevent
delay of work or to eomplywith subparagraph (b).
(b) The City shall, within fourteen (14) days of the submittal of any shop
drawings, return two (2) copies to the Contractor marked with any corrections and
changes required and noting if the drawings are acceptable as noted, or if resubmitta] is
required.
(c) The. Contractor shall then correct the shop drawings to conform to the
corrections and changes requested by the City anti resubmit three (3) copies to the City.
(d) Two (2) copies of Approved Shop Drawings sh~l be returned to the
Contractor by the City.
4.8 QuALr'/'Y OF EQUIPMENT AND MATERIALS
ha order to establish standards of quality, the Specifications may refer to certain products
by nar~e and catalog number. This procedure is not to be construed as eliminating from
con~pet/tion other products of equal or better quality by other manufacturers where fully
suitable m design.
The Contractor shall furnish to the City a complete lira .of his proposed desired
substitutions prior to the si~$ of the Contract, together with such engineering and
catalog d~ta as the City may require. Further substitutions may be submitted during the
course of work in accordauce with Paragraph 4.10 ~UB$272YJ~ION OF E~2UIPMEN'F
AArD/OR M.4T~ below.
The Contractor sh~l abide by the City's judgmem when proposed substitution of
materials Or items or equipment are judged to be unacceptable and shall furnish the
specified material or item of equipment m such case. Ali proposals for substitutions shall
be submitted to the City' in writing by the ConU~actor and not by individual trades or
material suppliers. The City will advise of approval or disapproval of proposed
subSUtUfions in writing within a reasonable time. No substitute materials shall be used
unless approved by City in writing.
4.9 BQU]PM_ENT 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 ~ume, catalog number mad general type.
This submission shall be compiled by the Contractor and submitted to the City for review
mad written approval before any of the equipment is ordered.
Each data sheet ur catalog in the submission shall be indexed accordiug to apec~cation
section and para,~'aph for easy reference.
After written approval is received by the Contractor, submission ~hall become a pa~t of
the Contract and may not be dev/ated 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
respof~ibility fur deviations from p~n~ 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. Pie shall make necessary field measurements to ascertain space
requirements, including those for connections, and shal] order such sizes and shapes of
equipment that the field installation shall suit the true intent and meun~ng 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 pJa~ 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 M_ATERIA_L
After the execution of the Contract Agreement, the substitution of equipment and/ur
material for that specified will be considered if.'
(a) Thc equipment and/or materials proposed for substitution is determined by
the City to be ex,ual or superior to that specified k~ 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 thai such s~avuigs to the
City, as proposed by the Contractor, are submitted with the request for substitution. Ii'the
substitution is approved, the Contract price shall be reduced aceordingly; 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 end 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 m
the form of quotations to the contr~tor covering the original equi.mnent and/or material,
and also equipment and/or material proposed for substitution or other proof satisfactory
m the City. It is the intenfio~ that the City shall receive the full benefit of the saving in
cost involved m any substitution unless the itm is substituted for one designated in the
Specifications by specific manufacturer's name end 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 jud~ent, to be equal or
supetior in construction end/or efficiency to that named in the Contract will not be
approved.
5.0 MATERIALS AND WORKMAJqS~rrP
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 matmSal 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.
15
V,/-herever the specifications call £er 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
Conl~actor shall provide a substitute item of equal quality and performance which is
acceptable to the ]~ngmeer and City and is currently available, at no increase in Contract
price.
STORAGE OF MATERIALS
Materials and eqmPment shall be stored so as to incur the preservation of thdr quality
and illness for the Work. When considered necessary, they shall be placed on wooden
platforms or other hard clean surfaces, and not on the ground, and/er they shall be placed
under cover. Stored materials and equipment shall be located so as to facilitate prompt
inspection. Private property zoned for, or adjacent to land zoned for, residential uses
shall not be utilized for storage purposes.
5.3 RBJBCTBD WORK AND MATEPJAL
Any materials, equipment or work which do not satisfactorily meet the Specifications
may be condemned by the ]~ngineer or City by gimg a written notice .to the Contractor.
All condemued mater/als, equipment or work shall be promptly taken out and replaced.
Ail martials and equipment which do not conform to the requir~.unents of the Contract
Documents, are not equal to samples approved by the Engineer and City, or are in any
way unsatisfactory or unsuited to the purpose for winch 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 re'moved 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 accepmuce 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 MANUFACTD-R~K'S DIRECTION
Manufactured articles, materials and equipment shall be applied, instalied, connected,
erected, used, cleaned, and conditioned as directed by the manufacturer unless herein
specified to the contrary.
5.5 SKILL AND CHAEACTEP~ OF WORK/vlEN
All workmen must have snfiqcient knowledge, sldll and experience to perform properly
the work assigned to them. Any foreman or workman employed by the Contractor or
subcontractors who, in the opinion of the ~ngineer or the City does not perform his work
in a skillful m~nner, or appears to be incompetent or to act in a disorderly or intemperate
manner shall, at the written request of the City, be discharged knmediately mud shali
be employed again in amy portion ofth~ Work without the approval of the City.
The Contractor shat] at alt times be responsible for the conduct and discipline of his
employees and/or any subcontractor or persons employed by subcontractors.
5.6 CUTTING AND PATCI-IING
The Contractor shall do all necessary cutting and patching of the Work that may be
required to properly receive the work of the various trades or as required by the Plans and
Specifications to complete the Work. He shall restore all such cut or patched work as
directed by the Engineer or the City. Cutting of existing stractures that could endanger
the Work, adjacent property, workmen or the public shall not be done unless approved by
the Engineer and under his surveillance.
5.7 CLEANING UP
The Conu:actor shall at all times keep the premises free from accurmflation of waste
materials or rubbish caused by his employees or work. At the completion of the Work, he
shall remove all his rubbish, tools, scaffolding and surplus materials and shall leave his
work "broom clean" or its equivalent, unless more exactly specified, and shall insure that
all debris and other unsightly objects are removed and disposed of in a satisfactory
manner. At no additional expense to the City, the Contractor will restore to their original
conditions or better, as nearly as practicable, those portions of the site not designated for
alteration and all such property, sumcture, 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 end 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 au
independent labor force. The coat of cleaning by said independent labor force shall be
deducted from moneys due the Contractor.
5.8 CITY'S OWNERSHIP OF/VlATBR_I&LS
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 mater/als and work for which payments have been made, for the restoration of
17
damaged work~ or as a waiver of right of ~h¢ City to reqnire the fulfillment of ail the
terms of lhe Contract.
5.9 GUARANTEE
The Contractor shall wan'ant all equ/pment furnished and work performed by him £or a
period of 0ne (I) year fi'om the date off'mai written acceptance of the Work by City.
Satisfaction of warranty work a~er final payment shall be as per Paragraph 10.15.
All equipment and mater/al warranties or guarantees shall be drawn m favor of the City
and the ori~finals thereof furnished to the Engineer for review and acceptance prior to
final payment.
Such guarantee shall in no way limit or relieve the Conlractor of liability fi'om subsequent
claims of beach of contract due to substandard mate,.Sais or workmanship, nor shall such
warranty period shorten the statute of limitations for blinging a breach of contract or
other action based upon any such deficiencies.
6.0 CONSTRUCTION STAIi2ING TO BE PERFORMED BY CONTRACTOR
6.1 PERSONNEL, EQUIPMENT AND RECORD ILEQIJIREIVIENTS
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% field notes or layout work by the City and the acceptance of
all or ~my part thereof, shall not relieve the Contractor of his responsibility to achieve the
lines, grades and dimensions shown in the Plans and Specifications.
Pr/or to final acceptance of the project, the Contractor shall ma~k in a permanent manner
on the surface of the completed Work ail control points shov~a 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 ail reference points and benchmarks furnished by the City.
6.3 FUI~qlSKING OF STAKE MATERIALS
The Contractor shall furnish all st~es, 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
ConWactor shall establish all horizontal and vertical controls necessary to construct the
Work m com%m~ance with the Plans and Specifications. The Work shall include
performing all calcutation~ requ/red and setting all stakes needed such as grade stakes,
offset stakes, relerence point slakes, slope stakes, and other reference mark~ or points
necessary to provide lines a~d grades for construction of ali roadway, bridge and
miscellaneous items.
Survey notes indicating the information and measurements used in establi.qhlng locations
and grades shall be kept in notebooks and furnished to the Bngineer with the record
drawings for the Project.
6.5 SPBCfi~IC STAE/NG tLEQUIKEMENTS
Stakes to establish lines and grades shall be set al appropriate intervals to assure that the
Project is constructed to meet the lines and grades shown on the Plans.
For bridge constracl/on slakes and other control, references shall be set at s~{¥1eienfly
fi-equent 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 layoat 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 ConWactor's surveyor to estabhsh
alj,gnmeni throughout constmctior~ 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 A.ND P~ING
All existing underground utilities, such as telephone, cable television and elecffical cables
must be located by the Contractor prior to starting work The Contractor shall contact the
Util/ties at least 48 hours prior to commencing any work within the project area. There
maybe other utilities within the project area~
19
The cost of substantiating the location of utilities shall be borne by the Contractor and
included in the bid price. The Contractor shall be responsible for the repair and/or
replacement of utilities which he damages during the course of construction.
Utilities deemed to require relocation shall be identified by the Contractor prior to
commencing work. The Contractor sbs]! 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 corumence work at a different location, or
relocate utilities under separate contract with the utility or a change order to be directed
by the City.
City reserves the fight to authorize the construction, reconstruction, or maintenance of
any public or private utility service, FAA or National Oceanic and Atmospheric
Administration (NOAA) facility, or a utility service of another governmental agency, at
any time during the progress of the work. To the extent that such construction,
reccrnstruction, or mamtenauee has been coordinated with the City, such authorized work
is indicated on the plans.
ExcePt as indicated on the plans or contract documents, the Contractor shall not la~m,it
any individual, firm or corporation to excavate or otherwise disturb the utility service or
facilities located with~ the llmits of the work without written permission of the Engineer.
Should the owner of a utility or facility be authorized to perform construction,
reconstruction, or maintenance as per this' section, during the progress of the work, the
Con, actor shall cooperate with such owners in arranging and performing the work in
this contract so as to facilitate such construction, reconstruction, or maintenance by others
whether or not such work by others is indicated on the drawings. When ordered as extra
work by the Engineer, the Contractor shall make all necessary repairs to the work which
are due to such authorized work by others, unless otherwise provided for in the contract,
plans or specifications.
It is understood and agreed that the Contractor shall not be e~titled to make any cjaim for
damages due to such authorized work by others or for any delay to the work resulting
from the same.
7.0 PROGRESS AND CO1VI~PLETION OF WORK
7.1 CONTRACTOiR'S OBLIGATION
Contractor shall supervise and direct the Work, using Contractofls 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
concermng these matters.
2O
Unless otherwise provided in the ConU~ct Documents, Contractor shali provide and pay
for labor, materials, equipment, tools, consm~ction equipment and machingry, water,
heat, utilities, transportation, and other faciht/es and services necessary for the proper
execution and completion o£ 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 simil~ taxes.
Contractor shall enforce strict discipline and good order among Contractor's employees
and other persons carrying out the Work. Coutractor shall not p,tmit employment of
unfit persons or persons Lot skilled in tasks ass/gnefl to them.
Contractor cm'renfly holds and shall maintain at all limes during the t~**.u of this Contract
all required federal, state and local licenses necessary to perform the Work required under
the Contract DocJ~ments.
Contractor sk~ll be ~esponsible to the City for the acts mad omissions of Contractor's
¢nrployees, Subcontractors and their agents and employees, and other persons performing
portions of the Work under a contract with Contractor.
Contractor shall indem~i~, defend and hold City harmless tkom 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 STA1R. T OF CONSTI~UCTION
The Contractor shall commence wo~k on the date specfified 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
flare/shed and acknowledges receipt of the Contractor's Certificates of Instrrance and a
properly executed performmce and payment bond as required.
7.3 CONTRACT T/ME
The contractor shall complete, in an acceptable manner, all of the Work in 120 days,
subject m any Addenda or Change Orders hereto.
7.4 SCHEDULE OF COMPLETION
The ContractoFs schedules are subject to the approval of the City, wMch 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 ~e City on the twen~-fif~ (256) thy of every month with
the Contractor's pay request.
7.5 COORDINATION
CONFERENCE
OF
CONSTRUCTION;
PP,.ECONSTRUCTION
The Conlracmr shag coordinate his work w/th other contractors, the City and utilities te
assure orderly and expeditious progress of work.
The City shall hold a pre-construction conference at Sebastian City Hall at a time and
date mutually agreed upon with the Contractor after the Cor~act has been awarded and
fully executed.
7.6 PROPERTY OF OTHEI~S
A. Public Ownershi~
The Contractor shall be responsible for the preservation of all public property, trees,
monuments, etc., along and adjacent m 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 fi-om disturbance or damage all monuments and property marks
until a land surveyor has witnessed or otherwise referenced their locati{m and shall not
remove them until so directed by the Enginee~ in writing. The City shall remove and
relocate all traffic control signs as required.
B. Private Ownership
Mail and newspaper boxes, sprinkler system~, ornamental shrubs, lawn ornaments, house
nmbers, 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 consUmction, the Contractor shall remove the objects, m a
manner which does not damage er 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/aug not enter upon private
property for any purpose without obtaining perm/ssion fi-om the property Owner thereof.
Where extensive intrusions upon private property are required for construction, the City
and Contractor shall cooperate to obtain Temporary Construction Easements from the
landowner.
7.7 PROTECTION OF EXISTING UTY[,ITIZS A.ND 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 rl.maged by him during the pwgress of the Work; provided th~, should the
Contractor disturb, discomaect 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 CROSSI3',IG PUBLIC FACILITIES
When new construction crosses highways, ralkoads, streets or similar pubhc facilities
under the jurisdiction of state, county, city, or other pubhc 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 filrnish evidence of
comphance 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 TH~ WORK
The City may order changes m 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 ~h~ll 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 0£ 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 hrrmediately give written notice to the City
of the cause of suer delay.
"Pain day" extensions shall be granted upon written request of the Contractor to the
City's Project Manager when said Project Manager det~,,fines ttmt weather conditions
make it counterproductive to work on said days. '~Kain 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
23
In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractor
shall be granted an extension of lime te 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.
7.1 ] COR_KBCTION OF WOP,.K
Contractor shall, at no cost to the City, promptly correct Work fail/ng to confo~'m to
requirements of the Con,'act 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 reqUn~rments of the Contract Documents
within a ptu'iod of one (1) year from the date of completion of the Work or by the trams
of an applicable spec/at wasranty reqmmd bythe Contract Documents. The provisions of
this ?aragraph 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 consn-ued to establish a period of limitation
with respect to other obhgatio~}s which Contractor might have under the Contract
Documents. Establishment of the t/me 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 tins no effect on the time within which the obligations of the
Contract Documents may be enforced, nor to the time with/m which proceedings may be
commenced to establish Contractor's liability with respect to Contractor's rema~ing
contractual obligations.
7.12 LIQ'[J'fDATED DAMAGES
In the event Contractor violates or fails to perform any provision of the Contract
Documents, then the City may elect to receive, and Contractor agrees to pay, liquidated
damages in the amount of two hundred and fifty dollars ($250) per day beyond the agreed
milestones completion dates. 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
si?try work completion. If completion is beyond the schedule agreed upon, hqmdated
damages may be imposed by the City on the Contractor and wili 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 hi the event Contractor fails to perform as required hereunder or violates any
provision of the Contract Documents.
8.0 PUBLIC [i-F, ALT~i A.ND SAFETY
8.1 ?KOTECTION OF PEI~SONS 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 hoars and non-work/ng hoars.
A. SafeW Precautions and ?re,ams
The Contraator shall be responsible for/nitiat/ng, maintaining and supervising all safety
precautions and program~ m 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.
Th/s 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.
Failare to comply with the Act constitutes a failure to perform.
The Contractor agrees to reimburse the City for any fines ancUor corot costs arising fi-om
penalties charged to the City for violations ofOSH. A comrmtted by the Contractor or any
and all subcontractors.
B. Safely of Persons and Preperty
The Contractor shall take all reascmable 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 eqaipment
to be incorporated thereto, whether in storage on or off the project site, under the care,
custody or control of the Contractor or any o£his subcontractors; and other property on
the project site or adjacent thereto, including trees, shrubs, lawns, w~llc~, pavements,
roadway% 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
written acceptance 0£ the Work.
'Fire hydrants on or adjacent to the Work shall be kept accessible to fire fighting
equipment at ail times. Temporary provisions shall be made by the Contractor to insure
the proper flmctionlng 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 Projec~ it will operate machinery and
equ/pment that may be dangerous to the adjacent property owners and the general public.
The Contractor will be required to conduct excavations for the Project which may be
25
hazardous tc person and property. The Contractor shal~ develop and implement a job
safety and securityplan which will adequately protect all property and the general public.
8.2 TRAFFIC CONTROL
All safety precautions, traffic control, and warning devices necessary to protect the public
and workmen fi'om hazamds within the fight-of-way shall be in slrict accordance with
SECTION 102, MAINTENANCE OF TRAFFIC, in the Ftorida Dept. of Transportation
(FDOT.) ~gtd. 23e ~ate of Florida Manual of Traffic Control and Safe Practices for Street
and Highway Con~Zrt~ction, Maintenance and Utility Operations %pecification~ for Road
and Bridge Construction, latest edition shall be used as n~inlmum standarda, as
applicable.
Further, the Coatractor shall carry on the Work ~ a manner that will cause the least
possible obstruction and interruption in traffic, and the least inconvenience to the general
public and the res/dents in the ~dcimty of the work.
As to air traffic, it is the explicit intention of the contract that the safety of aircraf-~ as
well as the Contractor's personael, is the most important consideration. It is maderstood
and agroed that the Contractor shall provide for the free and unobsU'acted movement of
aircraft in the air operations area of the airport with respect to its own operations and the
operations of all its subcontractors as specified in Paragraph 8.15 below. It is further
agreed and understood.that the Contractor shall provide for the uninterrupted operation of
visual and electronic signals (including power supplies thereto) used in the guidance of
aircraft while operating to, from and upon the airport.
With respect to its own operations and the operations of all its subcontractors, the
Contractor shall provide marking, lighting, and other acceptable means of identifying
personuel, equipment, vehicles, storage areas, as well as any other work area that may be
hazaxdous to the operation of aircraft, fire-rescue equipment or maintenance vehicles at
the airport.
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 w/th 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. Tr~c detours shall be pre-
approved prior to closing. "Street Closed to through Traffic" signs and '%)etour" routes
shall be indicated and maintained by the ConWactor when the job is located in a public or
private ~eet
26
8.4 PROVISION OF ACCESS
Where traffic must cross open ~enches, 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 mad motorists, including delivery vehicles, to safely negotiate the
oonstraction areas.
On completion of Work withha any area, the Contractor shall remove al/debris, excess
mater/als, barricades and temporary Work leaving walk'ways and roads in said area clear
of obstructions.
8.5 WARNING SIGNS AND BAlhR.ICADES
a. Within public rights-of-way.
The Contractor shall provide adequate signs, barricades, warning lights and flagmen, as
required, and ail 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 wkich shall be kept in operation f~om sunset to sumSse.
Barricades shall be of substantial construction and shall be reflective to increase their
visibility at night. Suitable warning sights shall be so placed and illumlna~ed at mght as to
show in advance where construction, barricades or detours exist. Unless so designated in
the Bid Doeuments~ no direct payment for this work will be made, but the cost of
provJdlng, erecting and mahatainlng such protection devices, including guards, watctLmen
and/or flagmen as required shall be considered as included and paid for in the various
contract prices o£th¢ Work. Warning signs and barricades shall be in conformance with
the State of teJorida, Manual of :Traffic Control and Safe Practices for Street and
Highway Con~truct¥on, Maintenance and Utility Operations, latest edition.
The Conlractor shall provide and maintain adequate barricades, constracfion signs,
torches, flashers, guards and flagmen as required in pedestrian and vehicular traffic areas.
Regalations of locaI author/ties 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. Ftagmen 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 lraffic control plan by the
City.
b. Withi~ airport property.
When the work requires closing an ak operatiom area of the airport or a portion of such
area, the Contractor shall fumimh, erect, and maintain temporary markings and associated
lighting co~.forming to the requirements nfAC 150/5340-IF, Maricing of Paved,dreax on
.4irport~.
27
The Contractor shall fumisk, erect, and maintain markings and associated iighdug of
open trenches, excavations, temporary stockpiles, anti its parked construction equipment
that may be hazardous to the operation o£ emergency f~e-rescue or maintenance vehicles
on the airport m reasonable conformance to AC 250/5370-2D, Operational Safe~y on
Airports During Construction.
The Contractor shall identify each motorized vetficle or piece of construction equipment
in reasonable conformance to AC 150/5370-2D. The Contractor shall furnish and erect all
barricades, warn/rig siguxs, and markings for hazards prior to commencing work which
requires such erection and shalt maintain the barricades, warning signs, and markings for
hazards until their disumantling is directed by thc Engineer.
Open-flame type lights shall not be permitted wi~hln the air operations areas of the
8.6 OPEN TRENCHES
The Contractor shall fully comply with Florida Statutes and OSHA regulations with
regard to open trenches during consUncfion. The Contractor shall be place cunstrucfion
hazard fencing along any open trenches during the construction work-day, and shall leave
no open trenches or excavations over-night unless properiy 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 th front of or on a
residential lot overnight or on weekends. At the close o£ 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 let~ maattended during
the course of working day, such as during lunch hom-~ or work breaks, shall not be l¢/t in
a condition or location which would create a sa/cry hazard to the general public. All keys
shall be removed from the machines during those times.
8.8 TEMPOKAKY FACII JTIES AND CONTROLS
The Contractor shall provide controls for sanitary facihties, environmental protection and
safety controls on site acceptable to the Florida Department o£Health and Rehabilitative
Services, Department of Enviromental Protection, mad St. Johns R/ver Wa/er
Management Dislrict.
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 rebmlations of the local and state departments of
health.
28
Such facilities shall be made available when the firsl employees retire on site of the
Work, shall be properly s~cluded from public observalio~ and shall be constructed and
maintained during the progress of the Work in suitable numbars and at such points mud in
such manner as may be required or approved,
The Contractor shall maintain the sanita~ facihties in a satisfactory and samtary
condition at all times and shall enforce their use. Contractor shall rigorously prohibit the
comr, ittiug of nuisances on the site of the Work, on the lands of the City or an adjacent
property. The City shall have the fight to inspect such facilities az all times to determine
whether or not they ~re being properly and adequately maintained.
Following the period of necessity for such acconunodations, they and all evidence
thereto shall be removed.
8.10 WATER AN-D ELECTRIC SUPPLY
The Contractor shall make all necessary apphcations and arrangements, and pay all fees
and charges for water and elecnical service necessary for the proper completion of the
Project up to the time of final acceptance. The Corm'actor shall provide and pay for any
temporarypiping and connections.
8.11 NOISE CONTROL
The Contractor shall provide adequate protectiem against objectionable noise levels
caused by the operation of construction equipment, and shall submit .a plan to the
Engineer for bis review prior to initiation and implementation of the plan.
8.12 DUST CONTROL
The Contr~tor shall provide for adequate proteelion against raising objectionable dust
clouds caused by moving constructi°n equipment, high winds or any other cause, and
shall submit a plan to the En~neer for his review plior 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 bis review prior to initiation and implementation of the plan.
'Prior approval shall be obmimed from the proper authorities for the use of public or
private lands or facilities ~r such disposal.
8.14 POLLUTION, SILTATION AND EROSION CONWROL
The Contractor shall provide for and take sufficient precautions to prevent pollution of
private and public lands, reservoirs, ponds, nvars, s~reams, creeks, etc., by the disposal of
29
surplus materials m the forms of solids, liquids or gases including, bu~ not limited to~
fuels, oils bitamen, calcium chloride or other harmful materials. Contract~ shall conduct
and schedule Work operations so as to avoid or otherwise r~n~mlze pollution or siltation
of sweams, lakes and reservoirs and to avoid interference with movement of rmgratozy
fish where there is a high potential for erosion and subsequent water pollution.
Brosion control features shall be consUmcted concurrently with other work and at the
earliest practicable time.
The Contractor shall prepare a detailed description of Contractor's plan for Brosion and
Turbidity Control, including location of erosion control an~d turbidity control devices,
marked on a plan set as n~ded for clarity. The erosion and turbidity control shall meet
the requirements of the St. John's Pdvcr Water Management District for control of
discharge of Total Suspended Matter, and shall prevent water and wind erosion of open
excavations and swales.
8.15 LIMrrATIOH OF OPE1LA.TIONS
The Conlractor shall control its operations and the operations of its subcontractor~ and
suppliers so as to provide for the free and unobstructed movmnent of aircraft in the AIR
OPERATIONS AREAS of the airport.
When the work requites the Contractor to conduct its operations wi*bin the Ak
Operations Area of the airport, the work shall be coordinated with Mrport management
(through the ~ngineer) at least 48 ho,a.rs prior to commencement of such work. The
Contractor shall not clese an Air Operations Area until so authorized by the Engineer and
until the necessary temporary marking and associated lighting is in place.
When the contract work requites the Contractor to work w~thi'~ an Air Operations Area of
the airport on an intermittent basis, the Contmator abel1 maiBt~in constant
oommll~.cafions as her~llafter gpecified; ~rntnediately obey all instructions to vacate the
Air Operations Area, and mediately obey all instructions to ~esame work in the Air
Operations Area. Failure to maintain the specified coramunications or to obey
insUmctions shall be cause for suspensions of the Contractor's operations in the Ak
Operations Area until the satisfactory conditions are provided. The Air Operations Area
that cmnnot be closed to operating aircraft on a conliuuous basis, and will therefore only
be closed on an inten~Jttant basis, are indicated on the drawings or will be des~ted by
the
30
Article l/l - SUPERVISION AND ADM/NISTRATION
9.0 ENGINEER, CITY, CONTRACTOR RELATIONS
ENGINEER'S KESPONSIBr~,WY AND AUTHOI~JTY
Ad] work done shalJ be subject to the construction review of the Engineer and City. Any
and all tecbn[caJ questions wkich 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 fiflfillment of the
Contract on the pm-t of the Contractor shali bc referred to thc Engineer who will resolve
such questions.
9.2 ENGINEER.'S DECISION
All c)~m.~ of a technical nature of the City or Contractor shall be presented to the
En~o~.neer for resolution.
9.3 SUSPENSION OF WORK.
The City shall have the authority to suspend the Work wholly or in pm, for such periods
as may be deemed necessary and for whatever cause, to i.uclude but not be limited
unsuitable weather o~. such o~er conditions as are considered unfavorable for prosecution
of the Work, failure on the past of the Conlmctor 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 thc Engineer sh~ll become aware of any condition which
may be cause for suspension of the Work, the Engineer shall ~mraediately advise the City
of such condition. The Contractor shall not suspend operations ~uder the provisions of
this Paragraph without the City's permission.
9.4 CONSTt[UCTION REVIEW OF WORK
All materials and each part or dctaiI of the Work shal] be subject at all times to
constmctio~ review by the En~necr and the City. The Engineer and the City may
appoint inspectors. Thc Contractor will be held strictly to the trae intent of the
Specifications in regard to quality of materials, workmansh/p, 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 inspecfioa. The
P, ngineer and the City shall be allowed access to all parts o£ the Work and shall be
furnished with such information and assistance by ~e Contractor as is required to make a
complete and detailed revigw. The City shall not be responsible for the acts or omissions
of the Contracto~.
FIELD TESTS A]qD PltEL]]vlINAKY OPERATION
The Contractor shall perform the work of placing in operation all equipment installed
under this Contract, emcep~ as specifically noted hereinafter.
The Contractor shall mak~ adjusmaents necessary for proper operation.
The Contractor shall provide construction labor required for prel~ra~nary operation of the
equipment installed trader this Contract.
The Cent:meter skaJl noti~ the City when work is considered to be complete, in operating
coaditio~, and ready for inspection and tests. Fu..~her inspection requirements may be
designated m the Technical Specifications.
The City will conduct tests it deems necessary to deterrn~n.e if the Work functions
properly. Arrangements for testing laboratory services will be made by the City.
Payment for testing to show comphance with specified requirements will be paid for by
the CiU. The cost 0£ retes~ing when matcriais and workmanship fail to meet specified
requiremmats wiU be deducte~l from moneys due the Contractor.
9.6 EXAMINATION OF COMPLETED WORK
The City ma3~ request an examination of completed work of the Contractor at any time
before acceptance by the City of the Work and shall remove or uncover such portions of
the finished work as maybe directed. After ex~min~tion, 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 sinai] 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 suffciant 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 .~hall be co-~rmed m 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
afar five (5) days wr{tten notice to the Contractor, the City may, without prejudice to any
32
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 bythe Contractor, the City shall have the right to immediately
terminate the Contract upon issum~ce of written not/ce of t~,,,ination 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 termquafion, the City may take possession of the Work
and of all materials, tools and equipment thereon and may ~in~sh the Work by whatever
method and means it may select.
It shall be considered a c[efault by lhe Contractor whenever he shall:
(a) Declare banlcruptoy, become insolvent or assigu his assets for the benefit
of his creditors.
C°) Disregard or violate the provisions of the Contract Documents or City's
written instmcfiens, or fail to prosecute the Work according to the agreed schedule of
completion .including extensions thereof.
(o) Fail to provide a qualified superintendent, competent workmen or
subcontractors, or proper materials, or fail to make prompt payment therefore.
9.10 RIG3ITS OF VARIOUS INTERESTS
Wherever work being done by the City's forces or by othgr 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 SEPAKATE 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 o£ materials and
execution of their work. It shall be the Contractor's responsib/lity to inspect all work by
other centractors affecting his work and to rgport to the City any irregularities which will
not permit him to complete his work in a satisfactory I~a'n'neI. His fallllre to notify the
City of such irregularities shall indicate the work of other contractors has been
satisfactorily completed to receive his work. It shall be the responsibility of the
Contractor to inspect the completed work in place and report to the En~-qneer ~mmediately
any difference between completed work by others and the Pl~n~.
9.12 SUBCONTRACTS AND PURCHASE ORDERS
Prior to si~gnlng the Contract or at the time specified by the City, the Contractor shall
submit in writing to the City the names of the subcontractor proposed for the Work.
Subcontractor may not be changed except at the request or with the approval of the City.
33
The Contractor is responsible to the CiD~ for the acts a~d omissions of his subaontractoxs
and their direct or indirect employees, to the same extent as he is responsible for the acts
and omissions of his employees. The Contract Documents shall not be construed as
creating a contractual relation between an3' subcontractors and the City. The Contractor
shall brad every subcontractor by the terms of the Contract Documents.
For convenience of reference and facihtate the letting of con~mcts and subcontracts, the
Specifications are separated into title sections. Such separations shall not, however,
operate to make the Engineer or City an arbiter to estabhsh limits to the contracts
between the Contractor and subcontractors.
9.13 WORK DURING AN EMERGENCY
The Contractor shall perform any work and shall furnish and install materials and
equipment necessary during an emerg~nc~ endangering life or property. In all cases, he
shall notify the Engineer and City of the emergency as soon as practicable, but he shall
not wait for instructions before proceeding to properly protect both life and property.
9.!4 CiViL AGKEEMENTS
No oral order, objection, claim or notice by any party to the others shall' affect or modify
any of the temps or obligations contained in any of the Contract Doeumenm, 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 m any proceeding of any other
waiver or modification.
9.15 NIGIRT, SATURDAY AND/OR SLr/qDAY WORK
No night or Saturday and Sunday work will be pem~tted, except in case of emergency, or
with prior approval from City, ~nd then only to such extent as is absolutely necessary to
protect life or property. Th/s clause shall not pertain to crews organized to perform
restoration work which needs no verifying inspection, maintenance work un eqmpmen*,
or to operate and maintain special equipment such as dc'watering 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 UNAUTHOiqTT:RD WORK
Work done without lines and grades having been established, work done without proper
inspection, or any changes made or extra work done w/thom written authority w/Il 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.
34
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 it 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 or acts of the City, before its completion and acceptance.
10.0 MEASUREMENT AND PAYMENT
10.1 DETAILED BREAKDOWN OF CONTRACT
Work shall be compensated on the basis of the unit prices established in the Base Bid, as
modified by revised bid tabulation agreed to between the parties dated January 21, 2004.
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
35
Work. In addition to each month's ~nvoice, au updated project schedule shaJl be
submitted.
Each request for payment shall be computed f~om the work completed to date on ali
items listed in the detailed breakdown of the contract amount less previous payments and
back charges. Pregress payments on acco~mt 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 bazis 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 Ci~. 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
includted in the Contractor's final pay request in accordance with Paragraph 10.14. Any
deviation in the release or p~al release of the 10% retainage shall be at the sole
discretion of the City, but in no case earher tha~ completion of the Engineer's "punch list
inspection".
Any request for payment shall be aucompanied by claim releases for work done or
materials famished in accordance with Paragraph ]0.13.
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 Iht work covered by the request for payment has been completed in
accordance with the intent of the Plans and Specifications.
Co) That the quantities of work have been completed as stated in the request
for payment, whether fox a unit price contract or for payment on a lump-sum contract.
10.3 CITY'S ACTION ON k REQUEST FOR PAYiVIENT
Wjthqn th~ (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.
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, inforrni,~g the Contractor in writing of the reasons for paying
the amended amount.
Disapprove the request for payment in acco~xiance with ?aragraph 10.4
informing the Contractor in writing of the masons £or withholding
payment
10.~ CITY'S RIGHT TO WITHHOLD PAYMENT OF A I~EQUES T FOR
PAYIVIENT
The City may withhold payment in whole or i~ 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.
Work covered by the requasi for payment which is not in accordance with
the Plans, Specifications and generally accepted construction practices,
including Lfi 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 teplacernent.
(e)
tn the event of a filing of a claim or hen, or information received by City
of a potential filing of a claim or lien against the Contractor or City.
Failure of the Contractor to make payments to subcontractors, material
suppliers or labor.
(e) Dmage to another contractor.
The City has had to correct a defect in the Work, or there are other items
entitling the City to a sm-off against the amount recommended.
(g) Default of any of the provisions of the Contract Documents.
0.5 PA~ FOR UNCORRECTED WORK
Should the City direct, in writing, the Contractor not to correct work that has been
damaged or that was not performed m accordance with the Contract Documents, au
equitable deduction fi'om the contract amount shall be made to compensate the City for
the uncorrected work.
10.6 PAYMENT FOR REJECTED WORK AND MATERIALS
The ,~,,,oval 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
37
removal of the rejected work or mater/als and the subsequent re-execution of that work.
In the event tha~ City moues expenses related thereto, Contractor shall pay for the same
within ttfirty (30) days aftgr written notice to pay is g/yen by the City. If the Contractor
does not pay the expenses of such removal, after ten (] 0) days written notice being g/ven
by the City of its intent to sell the materials, the City may sell the materials and shall pay
to the Contxacto~ the net proceeds therefrom after deducting all the costs and expenses
that are recurred t~y the City. If the proceeds do not cover the expenses incurred by the
City, such additiomal amounts may be set-off against any payments due Contractor.
10.7 CHANGES 1N TI-IE WORK
A. Change Orders
If conditions reqinre 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 Ck'der shall set forth in complete detail
the nature of the change, the change in the compensation to be paid the Conlractor and
whether it is an addition or a redaction of the origanal total contract cost. Should
additional or supplemental drawings be reqnked, they wi-Il be ~shed by the Bngineer.
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.
Co) By ,,nit 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.
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 shal/provide full and
complete records of all costs for review by the City.
Clalm.q
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 be~m on which the claim is based. If
such notification is not g~ven and the City is not afforded by the Contractor a method
acceptable to the City for keeping s~ict account of actual cost, then the Contractor hereby
waives its request for such extra compensation. The City is not obhgated to pay the
Contractor if the City is not nolified as d~scribed above. The Contractor may refuse to
perform additional work reClU~Sted by the City until an appropriate agreement is executed
by the pm-ties. Such notice bythe Contractor and the fact that the City has kept account of
thc costs as aforesaid shall not iu any way be consumed as proving the validity of the
claim.
C. Differiu~ Site Conditions
Contractor shall promptly, and before such conditions are distuxbed, notify City in
writing of:
Subs~rfaae or latent physical condilions at the site differing material]y
from those indicated in this Agreement and its subparts; or
2. Unknova~ physical conditions at the site, of an unusual nature, diffm-ing
mtexially fi:om those ordinarily encountered and generally rcco~ni~ed as
inhering m thc work of the characmr provided for in this Agrec~ment.
If City finds that conditions mat~alty diffc~ and will cm,~o an increase or decrease in the
Contractor's cost o7 thc thne requixed to pm-fonm any part of the work under this
Agreement, whether or not changed as a result of such conditions, the City shall appreve
an equitable adjustment and will accordiug mo. dK~ thc Agreement in ~awiting. Am~.y claim
for an equitable adjustment of the contract price based upon d~ffering site conditions is
specifically conditioned upon prior written approval of thc additional compensation by
City.
No claim of the Contractor under this clause shall be allowed unless the Contractor has
g/yen the notice required herein. Further, no claim by the Contractor fo: ~m equitable
adjustment .qhall be allowed if usserted a_.~er final payment uncter this Agreement.
10.8 CANCELED ITEMS OF WORK
The City shall have the right to cancel those potions of the contract relating to the
construction of any i~em provided therein. Such cancellation, when ordered by the City in
writing, shall mt/fie the Contractor to the payment of a fair and equitable amount
covering ali costs inclined by him pertaining tO the canceled items before the date of
cancellation or suspensio~a of the Work. The Contractor shall be allowed a profit
percentage on the materials used and on constructioz work actually done, at the same
rates as provided for "Changes in the Work", but no allowauce will be made for
anticipated profits. Acceptable materials ordered by the Contractor or delivered on the
site before the date o£ such cancellation or suspension nhall be purchased from the
Contractor by the City at actusJ cost and shall thereupon become the property of the City.
10.9 PAYIVIBNT 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.
39
10.10 ?AYMEN~ FOR WOKI( BY THE CITY
The cost of the work performed by the City removing construction materials, equipment,
tools and sappli~ in accordance with Paragraph 5.7 and in correcting deficiencies in
accordance with Paragraph 9.8 sh~l]~ be paid by the Contractor.
10. I1 PAYMENT FO]~ WORK BY CITY FOLLOWING TERMINATION OF
CONTRACT
A. ~errninatio~ by City for Cau~e
Upon termination of the contract by the City for cause, includiug abandonment or
termination by Contractor, ~he City may enter into an agreement with others for the
completion of the Work under rids Agreement and the Contractor shall be held harmless
for the work of others. No/urther payments shall be due the Contractor until the Work is
completed and accepted by the City. If the unpaid balance of the contract amomut shall
exceed the corn of cempletlng the Work including all overhead costs, Contraclor shal] be
paid up to thc amount of the excess balance on a quantum memit basis for the work done
prior to termimt~ion. I2'the cost of completing the 3~ork shall exceed.the tmPaidbalmace,
the Contractor or its Surety eb~l] pay the difference to the City. The cost mom-red by the
City as her~am provided shall include the ~ost of the replacement contractor and other
expenses incurred by the City through thc Contractor's default. In either event, all work
done, tracings, plans, specifications, maps, computer programs and data prepared by the
Contractor under this ~greement shall be considered property of the City.
B. Termination by C~ty Without Cause
In the event the City without came abandons, t~,,i~ates or suspends this Agreement, the
Contractor shall be compensated for services rendered up to the `time of such termination
on a quantum m~mit basis and any work done or documents generated by the Contractor
shall remain the property of the City.
10.12 TERMINATION OF CONTRACTOR.'S RES?ONSIBIL1TY
The Contract will be considered complete when ali work has been finished, the fmc]
conslraction review is made by the Engineer, and the lCrtoject accepted in writing by the
City.
10.13 RELEASE OF CLAIMS (DqTW. RIM/FINAL)
The Contractor shall deliver, with each request for payment, a comploted A~davit and
Release of Claim 'on a form supplied by the City. Also, from each supplier or
subcontractor who has notified the City of Ids 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 C.lalmant's Sworn Statement of Account, executed by the supplier or
subcontractor, must be attached to each request for payment.
4O
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 PAYi~IBNT
When it is determ/ned, as a result of a jo/ut inspection of the Work by the Conaactor,
City, and Engineer that the Work has been completed in accordance with the terms of the
Conu'act Documents, the Engineer shall certify completion of the Work to the City. At
that time, the Contractor may submit the Contractor% final request for payment. The
Contractor% final request for payment shall be the contract mount plus al/ approved
written additions less al1 appzoved 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 Reque~ 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, anyJ~gal
fights of the City, required guarantees and satisfaction of all warranty work, and shall
authorize payment o£ the Contractor's final request for payment.
10.15 SATISFACTION OF WAILR_ANTY WO1LK AFTER FINAL PAYMENT
The making of the final payment by the City to the Conlractor shall not relieve the
Conmmtur ofresponsfbility for faulty materials or worlananship. The City shall promptly
g/ye notice of faulty materials and workmanship and the Cenlractor shall promptly
replace any such degects discovered within one (1) year from the date 'of final written
acceptance of the Workbythe City.
I1.0 PUBLIC CONTRACT REQUIRE_h~NT$
11.1 COVENANT AGAINST COI~rTINGENT FEES
The Contractor warrants that he has not employed or retained any company or person,
other than a bona fide employee working solely for the Contractor, to solicit or secure
this Agreement and that he has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for the
Contractor, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of 'axis Agreement. For the breach or
violation of this paragraph, the City shall have the right to tex,',,inate the Agreement
without liability and, at its d/scretion, deduct fi-om the Agreement price, or otherwise
recover, the full mount o£such fee, commission, percentage, gift or consideration.
4~
11.2 RgTER.EST OF MY_MBEY, S OF CITY AND OTHERS
No officers, members or employees of the City and no member of its govem/ng body,
and no other public official of the governing body of the locality or localities in which
services for the facilities are situated or carried out, who exercises any functions or
responsibilities in the review or approval of the undertaking or carrying out of this
project, shall participate in any decision relating to this Agreement which affects his
personal inlerest, or have any personal or pecuniary interest, direct or indirect, in this
Agreement or the proceeds thereof.
11.3 CERTIFICATION OF P, ESTKICTIONS ON LOBBYING
The Contractor agrees that no Federal appropriated funds have been paid or will be paid
by or on behalf of the Conlractor to anyperson for influencing or attempting to influence
any officer or employee of any Federal agency, a member of Congress, an officer or
employee of Co=gross or an employee of a member of Congress in connection with the
awarding oi 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.mo.difmation of any F~leral conlrac4 C,~mnt, loan or
cooperative agreement. Further, Contraator shal/fully comply with the Federal Lobbying
Disclosure Ac~ of 1995.
If any funds other than Federal appropriated funds have been paid by the Conlzactor to
any person for influemcing 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 · member of Congress in connection with any Agreement, the undersigned
shall complete and submit the attached Standard Form-r.lJ. "Disclosu.re Form to P, eport
Lobbying" in accordance with its irmtmct/ons. Any and all subcontracts executed by
Contractor for the Work hereunder ;hal! likewise cm~df-y and disclose accordingly
11.4 INTER.EST OF CONTR~CTOSR
The Contractor covenants that he presently hms no intmv, st and shall not acquire any
interest, direct or indirect, which s~all conflict in an3,' manner or degree with the
performance of servSces ~equited to be performed under this Agreement, The Contractor
ftlrther covellants that in the performance of thi.~ Agreement, no person having any such
inte~t shall be employed. The Contractor shall not undertake any professional work
which conflicts with his duties as the City's Contractor without the pr/or written consent
of the City during the term o£ *h~¢ Agreement. Any work where the Contractor can
ressonably anticip¢te that it may be called to testL~y zs a witness against the City in any
litigation or sdmi~qstrafive proceeding will constitute a conflict of interest under this
Agreement.
42
1 !.5 PUBLIC ENTITY CRIMES
The Contractor shall file the attached sworn statement which is entitled PUBLIC
ENTITY CRIM~S, stating whether a person or affiliate as defined in Section 287.133
(1) Florida Statutes, h~,~ been convicted of a public entity cxime subsequent to July 1,
1989, in accordance with the provisions of said statute.
11.6 DRUG-FREE WORKPLACE
The A~reement documents also consist of the "Drug-Free Workplace Form" which is m
accordance with Florida Statute 287.089 and must be si~ned and instituted.
1 1/7 COMPLIANCE W1TH LAWS
Contractor shall comply with all apPlicable federal laws that m any way regulate or
impact the Work, including, bm 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 Drixfidng Act Section 14241e.) .(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 Discr~mlnafion Act (PL 94t-
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
HeaJth Act and applicable regulations, and the Americans with Disabilities Act (PL 101-
~36).
11.g INSURANCE
The Contractor agrees to carry insurance, of the types and subject to the Iimits as set forth
below and maintain sa.id msurunce during the life of this agreement:
(a) Workers' Comnensation - 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 l~m~t of at least
$5,000,000.
(c) Commercial Auto Liabiliw - Contractor shall pure. hume 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 Paragxaph 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) ~h~ll agree to famish the City thirty (30)
days written notice of their intent to cancel or te~,,inate said insurance. It is the full
43
responsibility of the contractor to insure that all sub-contractors have full insurance
coverage as sta~d above.
The Contractor shall not commence the Work under this contract tm~l he has obtained all
the insu~rance reqinr~d under this paragraph and certificates of such insm'ance have been
submitted to the City, nor shall the Contractor allow any subcontractor to commence
work on his subcontract unti~ ail insurance required has been so obtained and approved
by the City. The Contractor shall carry and m~iutain until acceptance of the Work,
insurance as specified herein and in such form as shall protect him and any subcontractor
performb~g work under this Contract, or the City, from all clarms and hability for
flat, ages for bodily injury, including accidental death, under this Con~ract, whethm- by
h~r~eif or by any subcontractor or by any one directly or indirectly employed by either of
The Contractor shall furnish to the City certificates of insurance in duplicate showing
proof of insurance, naming the City and the l~ngineer as additional insured parties, prior
to the start of construction as provided in the Contract.
11.9 BOND
The Contractor shall provide bonds issued by companies holding certificates of authority
as acceptable sureties 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.
1 1.10 PEP. MITS
All City and St. John's River Water Management District permits and other permits
necessary for the prosecution of the Work shall be secured by the City, except for
Contractor's licenses and registrations. 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,
ordmances~ p~mit requirements and regulations in any m~n~r affectiug the conduct of
the Work, and ail such orders and decrees as enacted by bodies or tribunals having any
jurisdictlom or authority over the Work, and shall indenunify and save harmless the City
and En~neer against any expense, claim or liability arising from, or based on, the
violation of any such law, ordinance, regulation, permit requirements, order or decree,
whether by himself or his employees. The failure of the Contractor to adhere to any
known law cz regulation perts~n~nE to fumi~hing services under this Agreement shall
constitute a material breach of this Agreement. The Contracter acknowledges that th/s
requirement includes compliance with all federal, state and local health and safety rules
and regulations.
Thc Contractor shall keep b~mself fully informed of all oxis~g and pending state and
national laws and municipal ordinances and regulations in any manner affecting those
engaged or mnploy~d in the Work, or in any way affecting the conduct of ~bunals
having any jmisddction or authority over the same, If any discrepancy or inconsistency is
discovered m the Plans, Specifications, or ConU:act for this work in relation to any such
law, ordinance, regulations, order or decree, he shall forthwith report the same to the
Emgineer and City ia writing. He shall at all times b~m.~elf observe and comply with and
cause all his agents, subcontractors and employees to obscrce and comply with decrees;
and shall protect and inderanify the City and Eugineer, their officers, employees and
agents against any emp~nse, claim or liabilify ar/sing from or based upon violation of any
such law, ordinance, regulations, orders or decree, whether by h~rnself or his employees.
Ali building const:mctio~a work alterations, repairs or mechanical installations and
appliances connoted therewith shall comply with the applicable building rules and
regulations, restrictions and reservations o£ record, local ordinances and such other
statutory provisions pm'raining to rids class of work.
11.12 DEBAR1ViR2%rr AND SUS?L:r~SION
In accordance with 'F-xesufive Order 12549, Deban'nent and Suspension (40 CFR. 32), the
Contractor shall agree and certify that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
panic/pat'ion in this tramsactiom by any Federal deparmnent or agency; and that the
Contractor shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended ~om participating in
thi.~ covered trausaction without prior wrilten approval of the City.
Upon execution .of this Agreement by thc Contractor, the Contractor shall complete sign
and return a copy of the form entitled "Certification !R. egazd~ng Debarments, Suspcmsion,
Ineligibility and Voluntary Exclusion - Lower Tier Fcd~ally Funded Transactions"
attached hereto, and shall include the language of this Paragraph and the attached form in
all subcontracts executed to support the Contractor's work under this Agreement.
11.13 FEDEKAL AID PARTICIPATION
For AIP contracts, the U~fited States Government has agreed to reimburse the Owner for
some portion of the contract costs. Such reimbursement is made form drne to time upon
the Owner's request to the FAA. In consideration of the FAA's agreement with the
Owner (City), the Owner has included provisions in this contract pursuant to the
requirements of the Airport Improvement Act of 1982, as ~mended by the Airport and
Airway Safety and Capacity Expansion Act of 1987, and the Rules and Kegulations of
the FAA that pertain to the work.
As required by the Act, the contract work is subjec( W the inspection and approval of the
duly authorized representatives of the Administrator, FAA and is fm'ther subject to those
45
provisions of the rules and regxflations thai are cited in the conlract plans, or
specifications.
No requirement of the Act, the rules and regulations implementing the Act, or this
contract shall be construed as making the Federal Govemmem a party to the contract nor
will any such requirement interfere, in any way, with the rights of either party to the
contract.
The attention of the Contractor is also invited to the fact//mat the State in which this
project is located will pay a portion of the costs of this improvement In accordance with
said state's rules and regulations, work will be subject to such inspection of the State or
its re/~esentatives, as deemed necessary to pretect the interests of the people of the State.
The Contractor shall furmsh the inspecting party with every reasonable assistance to
ascertain whether or not the requirements and intent of the contract are being met. Such
inspections will in ~o way infer that the State is a pm'ty to the contract, except for those
contracU wherein the State is a signatory.
12.0 MISCELLANEOUS
12.1 ADDRESSES FOR NOTICES
All notices given under or in connection with any of the Conlract Documents shall be
delivered in person or by telegraph or registered or certified mail to the parties at the
address as either party may by notice designate.
12.2 WRITTEN NOTICE
Written notice shall be considered as served when delivered to the designated
representative of the Contractor and receipt a~knowledged 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 matil completion of the Contract.
12.3 TAXES
Contractor shall pay all sales or other taxes of any lype which may be incurred m
cormection with the Work hereunder, and shall reimburse the City for any such taxes paid
by the City.
12.4 TIME IS OF VITAL IivlPORTANCE
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 WA_tV'ER OF LEGAL PdrGKTS
Neither the payment for, nor acceptance of the whole or any part of the Work by the City
or representatives of the City, nor ally extension of time, nor the withholding of
payments, nor any possession taken by the City, nor the t~,iination of employment of
the Contractor shall operate as a waiver of may portion o£ 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 may of the Contractor's obhgations or duties uuder this Agreement
constitute a waiver of any other obligation or duty of the Contractor under this
Agreement.
12.6 i~IGET TO WORICPI~ODUCT
No reports, data, programs or other material produced in whole or in part undo; 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 marestricted authority to publish,
disclose, distribute and otherwise use, ~ whole or in par~, any reports, data, programs or
other material prepared under finis Agreement. All tracings, plans, specifications, maps,
com. puter.pr~grams and dam prepared or obtained un~._er this Agr~_elll. ell~ ~hall ~mro_ ~ain the
property of the City. Any use of any plans and specifications by the City except the use
reasombly contemplated by the City at the time the City entered this Agreement will be
at the Cit-fs r/sk and Contractor, its officers, d/rectors and employees, will be held
harmless from such use.
IN WITNESS Vgl:IEREOF, the parties hereto have caused these presents to be
executed, the day and year first above written.
Sally A.,j~. cio, CIVIC
City Clerk
(SEAL)
Approved as to Form and Content for:
ReLiance by the City of Sebastian Only
Name: Terrence R. Moore
Title: City Manager
47
---CO~ACTOR ....
Signed, sealed and delivered
in th~ pr~f:
I~ m .~'~a,~,~-
Contractor
Name: JOHN MORRIS
Title: V[C£ PRESIDENT
DRUG-FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087 hereby
certifies that f~,at~,a~'/~ ~5~X,~ff" does:
1. Publish a statement notifying employees that the u~tawfni 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.
hfform employees about the dangers of drug abuse in the workplace, the
business' policy of maintaining a drug-free workplace, any ava/lable drug
counseling, rehabilitation, employee assistance programs and the penalties
that maybe imposed upon employees for drug abuse violations.
Give each employee engaged in providing the commodities or conlracmal
services a copy of the statement specified i~ Paragraph 1.
I~ the statement specified m Paragraph 1, notify the employees that, as a
condition of working on the commodities or contractual services that the
employee will abide by the t~m,s of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to any
violation of Chapter 1893 or of any controlled substance law of the United
States or any state, for a violatien occurring in the workplace no later than
five (5) days after such conviction.
Impose a sanction on, or require the satisfactory participation in a drug
abuse assistance or rehabilitation program if such is available in the
employee's community, by any employee who is so convicted.
Make a good faith effort io continue to maintain a drag-fi-ce workplace
through implementation o£Paragraph 1 through 5.
As the person authorized to sign this statement, I certify that this firm complies
fully with the above roquirame~ts.
Date:
Contractor
49
PUBLIC ENTITY CRIMES
Any person submitting a quote, bid, or proposal in response to this invitation or a
contract, must execute the enclosed form pLTI~ 7069, sworn statement under section
287.133(3)(a), FLOR]DA STATUTES, Olq PUBLIC ENTITY CRIMES, including
proper check(s), in the space(s) provided, and enclose it with kis 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 contract, it is your
responsibility to see that copy(les) 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 opemug time and date. Failure to complete this form in every
detail and submit it with your quote, bid, or proposal may result m imraediate
disqualification of your bid or proposal.
The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 -
I33, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes,
requires the Florida Department of General Services to maintain and make available to
other political entities a "convicted vendor" list consisting of persons and affiliates who
are disqualified from public conlxacting 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 poldtical subdivision of any other state or with the United
States, including, but not limited to, any bid or contract for goods or services to be
provided to any public entity or with an agency or political subdivision and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
By law no public entity shall accept any bid from, award any contract to, or
transact any business in excess of the threshold amount provided in Section 287.017,
Florida Statutes, for oategow two with any person or affiliate on the convicted vendor list
for a period of 36 months from the date that person or ~iliate 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 a contract (formal
conlract or pm'chase order in excess of the threshold amount for category two) to provide
goods or services to TlCr~, CITY OF SEBASTIAN, a person shall file a sworn statement
with the contracting officer or Purchasing Director, as applicable. The attached statement
or affidavit will be the form to be utilized and must be properly signed in the presence of
a notary public or other officer authorized to srlmi~fister oaths and properly executed.
TIlE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE
SUBMITTED CONCURKENTLY WITH YOUR QUOTE OR BID DOCUMENTS.
NON-INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION
OF YOUR QUOTE OR BID.
50
SWOKN STATEMENT UNDER SECTION 287. i33(3)(a),
FLOP]DA STATUTES, ON PUBLIC ENTITY CKIMES
TBIS FORM MUST BE SIGNED IN THE PKESENCE OF A NOTAKY PUBLIC
OR OT]:lle~R OFFICER AUTEIO]RIZED TO ADiVIENISTEP. OATI{S.
1. This sworn statement is submitted with the Municipal Airport
Rehabilitation of Runway 9-27 and Construction ofTaxiway B Services
Agreement for ~ CITY OF SF_,BASTIAlq.
business address is,g'/,~o ~ ~ ~/~'. ~,~F~and_..~f applicable) its
Pedcral Employer Identification (FBIN) is ~ ~fl.} ~z ¥~ .
prim name of individual signing) and my relationship to the entity named above is
4. I understand that a "public entity crime" as defined in Paragraph
2g?.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 contract for goods or
services te be provided .to any public entity er au agency or political subdivision
of any other state or of the United States and involving antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, or material misrepresentatien.
5. I understand that "convicted" or "conviction" as defined in Paragraph
287:133(I)Co)~ 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
~al court of record relating to charges brought by indictment or information after
July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty
or nolo contendere.
6. I understaud that an "af~liat¢" as defined iu Paragraph 287.133(I)(a),
Florida Statutes menus:
(1)
or
A predecessor or successor of a person convicted of a public entity crime;
(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 pubhc entity crime.
The tcnn "affiliate" includes those officers, directors, executives, partners,
shareholders, employees, members, end agents who are active in the msnagement
of au affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or inceme among persons
when not for fair market value under au arm's length agreement, shall be a prima
facie case thai one person con~zols another person. A person who knowingly
enters into a join~ venture with a person who has been convicted of a public entity
crime in Florida during the preceding 36 months shall be considered an affihate.
7. I understand that a "person" as defined in Paragraph 257.133(1)(e), Florida
Statutes, means any natural person or entity organized under the laws of any state
or of the United States v~th the legal power to enler into a binding contract and
which bids or applies to bid on contracts for the provision of goods or services let
by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The temm "person" includes those officers, directors,
executives, parmers, shareholders, employees, members, and agents who are
active in management of an entity.
8. Based on information and belief, the statm-nent which I have marked
below is true in relation to the en"dty submitting *h~ sworn statement. (Please
indi. c~_.~ statement applies.)
V Neither the entity submitting this sworn statement, nor any officers,
directors, executives, partners, shareholders, employees, members, or agents who
are active in management of the entity, nor any affiliate of the entity have been
charged with and convicted of a public entity crime subsequent to July 1, 1989.
~ Thc entity submitting this sworn statement, or one or more of the officers,
directors, executives, pmmers, shareholders, employees, members or agents who
are active in management of the entity, or an affiliate of the entity has been
charged with and convicted of a public entity crime subsequent to luly 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 Adminlslrative lrleazirlgs. The
final order entered by the hearing officer did not place the person or affiliate on
the convicted vendor list. (Please attach a copy of the final order.)
__ The person or affiliate was placed on the convicted vendor list. There has
been a subsequent proceeding before a hearing Officer of the State of Florida,
Division of Arlm~n~strative Hearings. The ~in~] order entered by the hearing
officer deten'nined that it was in the public interest to remove the person or
a~liate 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
* /
52
STATE OF FLORIDA
The foregoing instrument was ac._know~dged before me this ~--2day of
~.-,r' , 200~'by ~ ~, ~ . ,~ . ,,~
He/she is persojlaklT'~i~-~r has produced as
identification and did ( ) did not ~'~ake ~u oath.
e' ~ _~:~ April ~,
My Commission Expires:
Commission Number:
53