HomeMy WebLinkAboutContract - 2CERTIFICATE OF PROJECT COMPLETION
Date Accepted: 4/19/17
Project Name & #: Street Reconstruction #A1730
Total Project Expenditures: $263,469.85
Project Location: Vocelle Ave (Roseland to Barber) & Barber (Salem to Barber Bridge)
Contractor(s): Timothy Rose Contracting / Misc
Contract Amount(s): $ 262,541.00 / $ 928.85
Pursuant to the above captioned contract and in compliance of same, we the undersigned do hereby certify
that this project is complete.
Issuance of this certificate releases the contractor from any further responsibility as stipulated in the contract
as it relates to bond performance, payment of subcontractors, release of liens, maintenance and indemnity. All
contractual obligations as to warranty, insurance, indemnification and patents, shall remain in full effect for the
contractually stipulated period of time. In no way does the issuing of this certificate release the Contractor from
all legal obligations as stipulated in Chapter 713 of the Florida Statutes.
Therefore, having reviewed the contract and inspected the work, the undersigned to hereby accept the
segment as being complete.
/a 3—/7
P oject IM aDate
N/A
Building Official (if applicable) Date
City Jerk Date
anJ
SES- T_V
HOME OF PELICAN ISLAND
ENGINEERING DEPARTMENT
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 388-8228 ■ FAX (772) 388-8248
www.cityofsebastian.org
January 23, 2017
Mr. Tim Rose
Tim Rose Contracting
1360 SW Dixie Highway
Vero Beach, FL 32962
Subject: Milling and Paving and Barber Street/Vocelle Avenue Reconstruction
Dear Mr. Rose,
This letter is your official Notice to Proceed (NTP) for both the Milling and Paving and for the Barber
Street/Vocelle Avenue Reconstruction Projects. The start dates for these two projects are the following:
• Milling and Paving NTP: 2/15/2017
• Barber Street and Vocelle Reconstruction NTP: 3/15/2017
Both projects have 90 working days of construction. If you have any questions regarding this letter, please
contact me.
Sincerely,
Frank Watanabe, PE
City Engineer/Project Manager
City of Sebastian
Cc: Joe Griffin, City Manager
CITY OF SEBASTIAN BID TABULATION
Bid 16-23 Vocelle Avenue and Barber Street Reconstruction and
Bid Opening: December 8, 2016 @ 2:00p.m.
CONTRACTOR
Fil-
I
Ranger Construction Industries, Inc., Ft. Pierce, FL
361,326.90
2
Tim Rose Contracting, Vero Beach, FL
272,706.50
3
Mancil's Tractor Service, Inc., Palm City, FL
262,541.00
4
5
6
7
8
9
10
C)V\ YA-j�Z-L
ADDENDUM #1
BID 16-23
VOCELLE AVENUE AND BARBER STREET RECONSTRUCTION & PAVING
BID SUBMITTAL: December 8, 2016 at 2:00 PM
BID OPENING: December 8, 2016, beeinnin8 at 2:00 PM
THE MANDATORY PRE-BID IS SCHEDULED FOR 10:00 A.M..
ON NOVEMBER 21, 2016
AT SEBASTIAN CITY HALL, CITY COUNCIL CHAMBERS, 1225 MAIN STREET
SEBASTIAN, FLORIDA
On tf
HOME OF PELICAN ISLAND
December 2, 2016
ADDENDUM NO.1
City of Sebastian
Vocelle Avenue and Barber Street Reconstruction
City of Sebastian
1225 Main Street
Sebastian, FL 32958
(772) 388-8228
fax: (772) 388-8248
he following will be considered as Addendum No.l to the bid documents and specifications for
the Bid 16-23
1. Can I get the budget for this project
Response: The budget for both Vocelle Ave. and Barber St. is $280,000
2. What is the approximate linear footage or line item bid form?
Response: Linear footage for Vocelle Ave. (1,650 LF) and for Barber St. (1,100 LF)
3. Will above ground video documentation be required?
'Response: Will not be required
4. Your website, if it provides this information
Response: Not available on City website.
5. Who is responsible for the testing -density testing
Response: Contractor will be responsible for all testing
6. In regards to erosion control, is silt fencing required for this project, if so does City have an
estimate quantity amount?
Response: If any erosion control measures are needed, it should be included with MOT.
7. When is anticipated start date?
Response: Anticipated start in February 2017
Please sign and return this Addendum No. 1 with the bid package due on December 8, 2016.
1 z _-1,llo
Si t e Date
Page 1 of 1
Vocelle Avenue and Barber Street Reconstruction and Paving
Bid Due: No Later Than 2:00 P.M. on December 8, 2016
Bid Openin¢: Beginning at 2:00 P.M. on December 8.2016
BID PROPOSAL PRICE FORM
The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein
and having attended a Pre -Bid Conference / Meeting, hereby proposes to perform everything required to be
performed in strict conformity with the requirements of these documents, meeting or exceeding the
specifications as set forth herein for the price(s) quoted below. The price(s) quoted is (are) inclusive of any
Addenda which may have been issued prior to this submittal. By the signature below, the Vendor agrees that
this Bid Proposal is made without any other understanding, agreement, or connection with any person,
corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without
collusion or fraud. If awarded any work under this bid proposal, the Vendor agrees to enter into said agreement
within ten (10) consecutive calendar days notice by the City, and agrees to all the terms and conditions of all
documents stated herein with the City of Sebastian for the below stipulated price which shall remain firm for
sixty (60) days following bid opening date.
The City shall be entitled to liquidated damages in the amount of three hundred Dollars ($300.00) per day for
every day that the Contractor is late in completing the work as stipulated in the agreement, and bidding
documents. Said damages shall be deducted by the City from monies due Contractor.
The contract time is 90 consecutive calendar days from start of work date. The Bid Items on the Project
will be authorized for construction at the discretion of the City of Sebastian.
Please complete the bid form sheet on the following page and submit.
1-12-:5(LLk"1�bcc -n2.aq,27?Z-Tiwtf2t4 �)i&nSJ,(vf
Telephone Numb`` (� Fax Number(s): Email Address (mt.
Name and Title uthorized R resentative (Please Type or Print)
L�•O.l�
Signature�Au ori epresentanvc le t�
A-9
-�. &1141-4 C�,
Street Name Quantity Units Unit Cost Amount
Vocelle Avenue (1650 LF from Roseland to Barber Street)
1.
MOT
_l
LS
2.
Mil/Remove
_4,100_
SY_
3.
8" Compacted Base Rock
_45100 _
_ SY_
4.
2"Asphalt SP 12.5
_462_
_TN
5.
Striping (dash yellow)
_1650_
_LF
6.
Striping (1' stop bar)
6
EA
7.
Sod
1
LS
Total Bid A
Barber Street (1,100 LF from Salem to Barber Street Bridge)
1.
MOT
`I.SO
ao �I -S 0._
LZ.LO
tG -
_lCUZuO.-
_2,840_
C,-15�
lZ3Z.S�
494 •oo
Cot�O
�ZZB.`
ZZ28.-
Total Bid A
Barber Street (1,100 LF from Salem to Barber Street Bridge)
1.
MOT
_1
_LS_
1R O.' n ,m)._
2.
Mil/Remove
_2,840_
_SY
7 .Sp �3()0. -
3.
8" Compacted Base Rock
_2,840_
_SY_
17- 5� 1J
4.
2"Asphalt SP 12.5
_330_
_TN
lCC,-
5.
Striping (dash yellow)
_1100_
LF_
ZS,
6.
Striping (1' stop bar)
_I
EA_
15
l5 ().`
7.
Sod
_1
LS_
l`J_$5.� l`)�,�.
Total Bid B, -
Total Bid A+B
A-10
l wv�o (�pX Qltrc"d
t
Bid Form for Vocelle and Barber Reconstruction & Pavina�'
Street Name Quantity Units Unit Cost Amount
Vocelle Avenue (1650 LF from Roseland to Barber Street)
1.
MOT
_1_
LS -
2.
Mil/Remove
_4,100
—S -Y7
Y3.
3.
8" Compacted Base Rock
_4,100_
_SY_
4.
2"Asphalt SP 12.5
_462_
_TN
5.
Striping (dash yellow)
_1650_
LF
6.
Striping (1' stop bar)
6
EA_
7.
Sod
1
LS
Barber Street (1,100 LF from Salem to Barber Street Bridge)
1.
MOT
_1_
_LS
2.
Mil/Remove
_2,840_
—Sy -
Y_3.
3.
8" Compacted Base Rock
_2,840_
_SY_
4.
2"Asphalt SP 12.5
_330_
_TN_
5.
Striping (dash yellow)
_1100_
_LF_
6.
Striping (1' stop bar)
1
_EA_
7.
Sod
1
LS
A -l0
Total Bid A
ZZS39Sm
_3Qt1St�.-
lZ.
4tq, (A
4to,WO -
O
i,,-
ICO,-
2�2.
(n
Total Bid A
IS I,
-
ICn,_-
1SdS.-
$ •�
Total Bid B
l0 3 lt. —
Total Bid A+B
DRUG-FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies
that does:
Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug free workplace, any available drug counseling, rehabilitation, employee
assistance programs and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a condition of
working on the commodities or contractual services that the employee will abide by the terms
of the statement and will notify the employer of any conviction of, or plea of guilty or nolo
contendere to any violation of Chapter 1893 or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) days after
such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee
who is so convicted.
6. Make a good faith effort to continue to maintain a drug free workplace through
implementation of Paragraph 1 through 5.
As the person authorized to sign this statement, I certify that this firm complies fully with the
above requirements.
Date: Q . 7 - � �O
z-11�
Signature
A -f!
PUBLIC ENTITY CRIMES FORM
Any person submitting a quote, bid, or proposal in response to this invitation or Agreement,
must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA
STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided,
and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on
behalf of dealers or suppliers who will ship commodities and receive payment from the resulting
Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are
included with your quote, bid, or proposal. Corrections to the form will not be allowed after the
quote, bid, or proposal opening time and date. Failure to complete this form in every detail and
submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or
proposal.
The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 -133, Florida
Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida
Department of General Services to maintain and make available to other political entities a
"convicted vendor" list consisting of persons and affiliates who are disqualified from public and
purchasing process because they have been found guilty of a public entity crime. A public entity
crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by
a person with respect to and directly related to the transaction of business with any public entity in
Florida or with an agency or political subdivision of any other state or with the United States,
including, but not limited to, any bid or Agreement for goods or services to be provided to any public
entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery,
collusion, racketeering, conspiracy, or material misrepresentation.
By law no public entity shall accept any bid from, award any Agreement to, or transact any
business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period
of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that
person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes.
Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement
or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE
CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer
or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be
utilized and must be properly signed in the presence of a notary public or other officer authorized to
administer oaths and properly executed.
THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE
SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON-
INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR
QUOTE OR BID.
A -l2
STATE OF FLORIDA)
COUNTY OF INDIAN RIVER)
CITY OF SEBASTIAN)
BID BOND
KNOWN ALL MEN BY THESE PRESENTS, that TIMOTHY ROSE CONTRACTING, INC.
As Principal, and WESTFIELD INSURANCE COMPANY as Surety, are held and
firmly bound unto the City of Sebastian, in the penal sum of
5% OF AMOUNT OF BID (Dollars) $ lawful money of the
United States of America, for the payment of which sten well and truly to be made, we bind ourselves, our heirs,
executors, administrators, and successors, Jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the
accompanying bid dated 12/06/16 for.
VOCELLE AVE & BXRBE9-9TREE TRUCTION & PAVING
NOW THEREFORE,
(a) The Principal shall not withdraw said bid within ninety (90) days after date ofopening the same and shall within
twenty (20) days after the prescribed forms are presented to him for signature, enter into a written contract with the City,
in accordance with the proposal as accepted, and give bond with good and sufficient surety of sureties, as required, for
the faithful perforttmance and proper fulfillment of such contract; and,
(b) In the event of the withdrawal of said bid within the period specified, or the failure to enter into such contract
and give bond within the time specified, if the principal shall pay the City the difference between the amount specified in
said bid and the arnount for which the city may procure the required work and supplies, if the latter amount be in excess
of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.
IN WITNESS WHEREOF, the above -bounded parties have executed this instrument under their several
seals,this 30 dayof NOVEMBER 2016,
The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative. Pursuant to authority of its governing body.
WITNESS:
If Sole Ownership or Partner ship, one
(1) Wimess is required. If Corporation,
Secretary only will attest & affix seal.)
PRINCIPAL:
TIMOTHY ROSE CONTRACTING, INC.
Name of Firm
eatL�
(Signature of Authorized Officer)
1360 Old Dixie Hwy SW, Suite 106
(Business Address)
Vero Beach, FL 32962
(City) (State) (Zip)
A•/7
R �s
SURETY:
WESTFIELD INSURANCE COMPANY
(Corporate Surety)
/AiItx Sal
(Signatura of Authorized Officer)
Cabot W. Lord, Attorney -in -Fact
(Title)
One Park Circle, P.O. Box 5001
Westfield Center. Ohio
(Zip)
3070 SW Maoo Rd. Palm
The rate of premium of this bond is No charge for bid bonds
per thousand.
Total amount of premium charges .0 -
(The above must be filled in by Corporate Surety.)
named as Principal of the
bond on behalf of
signature hereto is genuine; and
of its governing body.
(Corporate Seal)
State ofFlorida
County of lndisu River
City of Sebastian
CERTIFICATES AS TO CORPORATE PRINCIPAL
certify that 1 am the Secretary of the Corporation
who signed the said
the principal, was then
Laid corporation; that I know his signature, and his
and attested fro and on behalfof said corporation
Before me, a Notary Public duly commissioned, quatified and acting, personally appeared;
to me well known, who being by me first duly sworn
upon oath, says that he is the attorney in fact for the and that he
has been authorized by Contractor named therein favor of the City of Sebastian, Florida.
Subscribed and sworn to before me this day of
NotaryPublic
My Commission Expires
4.18
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SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted with Bid, Proposal or Agreement No. (p — 2 3 for
THE CITY OF SEBASTIAN.
2. This swom statement is submitted by
(name of entity submitting swom statement) whos usiness address is
FL --�Z9(f,2. and (if applicable) its
Federal Employer Identification (FEIN) is ;ff the entity has no FEIN,
include the Social Security Number of the marviauai signing Luis swum
i
3. My name is (please print name of individual
signing) andmy relationship to the entity named above is
4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other
state or with the United States, including, but not limited to, any bid or Agreement for goods or
services to be provided to any public entity or an agency or political subdivision of any other state or
of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy,
or material misrepresentation.
5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of
guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or
nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
(1) A predecessor or successor of a person convicted of a public entity crime; or
(2) An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity crime.
The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate. The ownership by one person
of shares constituting a controlling interest in another person, or a pooling of equipment or income
among persons when not for fair market value under an arm's length agreement, shall be a prima facie
case that one person controls another person. A person who knowingly enters into ajoint venture with
a person who has been convicted of a public entity crime in Florida during the preceding 36 months
shall be considered an affiliate.
I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding Agreement and which bids or applies to bid on Agreements for the
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provision of goods or services let by a public entity, or which otherwise transacts or applies to
transact business with a public entity. The term "person" includes those officers, directors, executives,
partners, shareholders, employees, members, and agents who are active in management of an entity.
8. Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. (Please indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any officers, directors, executives,
ers, shareholders, employees, members, or agents who are active in management of the entity, nor
any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to
July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers, directors, executives,
partners, shareholders, employees, members or agents who are active in management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July 1, 1989, AND (Please indicate which additional statement applies.)
_ There has been a proceeding concerning the conviction before a hearing officer of the State
of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not
place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.)
The person or affiliate was placed on the convicted vendor list. There has been a subsequent
proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The
final order entered by the hearing officer determined that it was in the public interest to remove the
person or affiliate from the convicted vendor list. (Please attach a copy of the final order.)
The person or affiliate has not been placed on the c9poVed vendor list. (Please describe any
action taken by or pending with the Department of a lces.)
(Signature)
Date: 1Z.4 , lU
STATE OF FLOR��IDA� (�
COUNTY OF 1 A(J Wj-KJ
The fore mg instrument was ackno�edged before me this $ day of i, 2015 by
fP51�+ti� (title) on behalf of
1� (name of partnership), a partnership. He/she is Rgmanally known to me or has
produced as identification and didV did not () take an oath.
"A "r���� DEBORAH WEST
($ �l[+{,f MY COMVJSS10N N FFM578 Name: -
i ,r777rrr �* EUMS:OCA 03, 2019 My Commis
•,C�' p------ Commission
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CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT made this —A day of /2016, by and between the CITY OF
SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958,
and ("City") and ("Contractor.") authorized to do business in the State of Florida.
WHEREAS, the City desires to engage a Florida licensed contractor who has special and unique
competence and experience in providing construction services necessary to complete the Project hereunder;
and,
WHEREAS, the Contractor represents that it has such competence and experience in providing these
services; and,
WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with
its procedure for selection of Contractor; and,
WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements
on such professional services.
IT IS, THEREFORE, AGREED as follows:
ARTICLE I - The Contractual Relationship
1.0 EMPLOYMENT OF CONTRACTOR
The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform
professional services for the City in accordance with this Agreement to provide Street Reconstruction and
Paving for Vocelle Avenue and Barber Street. This Agreement is not an exclusive agreement and the City may
employ other contractors, professional or technical personnel to furnish services for the City as the City in its
sole discretion fords is in the public interest.
The Agreement shall not be construed to create a contractual relationship of any kind between the City and
the Subcontractor(s), or, between any person or firm other than the City and Contractor.
The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or
of his right, title of interest therein or his obligations thereunder, or moneys due or to become due under
this Contract.
2.0 AGREEMENT DOCUMENTS
The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement,
Supplemental Agreement(s), Notice of Invitation to Bid, Instructions for Bidders, Bid Proposal, Bond Forms,
Bid Specifications and Scope of Work Work Orders, Change Orders, Addenda if any, any other documents
listed in the Agreement Documents, and written modifications issued after execution of this Agreement, if any.
2.1 INTENT
The Specifications are an integrated part of the Contract Documents and as such will not stand alone if used
independently. The Specifications establish minimum standards of quality for this Project. They do not
purport to cover all details entering into the design and construction of materials or equipment. The intent of
the Agreement Documents is to set forth requirements of performance, type of equipment and structures, and
standards of materials and construction. It is also intended to include all labor and materials, equipment, and
transportation necessary for the proper execution of the Work, to require new material and equipment unless
otherwise indicated, and to require complete performance of the Work in spite of omission of specific reference
to any minor component part and to include all items necessary for the proper execution and completion of the
Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent with the
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Agreement Documents and reasonably inferable from them as being necessary to produce the intended
results.
2.2 ENTIRE AND SOLE AGREEMENT
Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the
parties and supersede all other agreements, representations, warranties, statements, promises, and
understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor
shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or
understandings not specifically set forth in the Agreement Documents.
2.3 AMENDMENTS
The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents
nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in
writing signed by the party against which enforcement of the change, waiver, discharge or termination is
sought.
2.4 CONSTRUING TERMS
This Agreement shall not be construed against the party who drafted the same, as both parties have obtained
experts of their choosing to review the legal and business adequacy of the same.
2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY
This Agreement shall be governed by the laws of the State of Florida, and any venue for any action pursuant to
the Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial
by jury in any action to enforce or otherwise resolve any dispute arising hereunder.
2.6 TERM
This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall
extend until the Project is complete unless terminated in accordance with the terms hereunder.
3.0 DEFINITION OF TERMS
3.1 GENERAL
Whenever the following terms appear in these Agreement Documents, their intent and meaning shall, unless
specifically stated otherwise, be interpreted as shown.
3.2 ACT OF GOD
The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event), tomado or other
cataclysmic phenomenon of nature. Rain, Wind or other natural phenomenon (including tropical waves and
depressions) of normal intensity for the locality shall not be construed as an Act of God.
3.3 ADDENDUM (re: bid documents)
A modification of the specifications 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.
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3.4 AGREEMENT
A written agreement is between the Contractor and the City of Sebastian defining in detail the work to be
performed. The words Agreement and Contract are one and the same.
3.5 A.S.T.M. DESIGNATION
Wherever the letters "A.S.T.M." are used in the Specifications, it shall be understood as referring to the
American Society for Testing Materials. When reference is made to a certain Designated Number of a
specification or test as set out or given by the American Society for Testing Materials, it shall be understood to
mean the current, up-to-date standard specification or tentative specification for that particular process, material
or test as currently published by that group.
3.6 BID
The bid or proposal is the written offer of a Bidder to perform work described by the contract documents when
made out and submitted on the prescribed proposal form properly sealed and guaranteed. The bid or proposal
shall be considered as part of the Contract Documents.
3.7 BID BOND or PROPOSAL GUARANTEE
Bidder is required to submit a Bid Bond or Proposal Guarantee in the amount of 5% of the Base
Bid, in the form of a Cashier's Check, Unconditional Irrevocable Letter of Credit drawn in favor of
the City of Sebastian on a National Bank, or a bond from a surety company duly licensed in the State
of Florida.
3.8 BIDDER
An individual, partnership, or corporation submitting a proposal for the work contemplated; acting directly or
through a duly authorized representative.
3.9 CHANGE ORDER
A written order issued to the Contractor by the City covering changes in the plans, specifications, or scope of
work when the amount of work changed is not deemed sufficient to require a supplemental agreement, and/or
to cover adjustments in the Contract Price or Contract Time.
3.10 CONTRACT ADDENDUM
A special written provision modifying or clarifying the terms and conditions of the Contract. The Contract
Addendum shall be considered as part of the contract documents.
3.11 CONTRACTOR
The word "Contractor" shall mean an individual, partnership, or corporation, and its heirs, executors,
administrators, successors and assigns, or the lawful agent of any such individual, firm, partnership, covenant
or corporation, or its surety under any contract bond, constituting one of the principals to the Contract and
undertaking to perform the work herein.
3.12 DIRECTED, ORDERED. APPROVED & ETC.
Wherever in the Agreement Document the words "directed", "ordered", "approved", "permitted", "acceptable",
or words of similar import are used, it shall be understood that the direction, order, approval or acceptance of
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the Owner is intended unless otherwise stated.
3.13 ENGINEER
A Professional Engineer duly licensed and registered in the State of Florida and designated by the City as
the Engineer -of -Record. The City may designate a staff member as Engineer who is not licensed.
3.14 GENERAL CONDITIONS
The directions, provisions and requirements contained within the Agreement Documents, all describing the
general manner of performing the Work including detailed technical requirements relative to labor, material
equipment, and methods by which the Work is to be performed and prescribing the relationship between the
City and the Contractor.
3.15 INSPECTOR
A duly authorized representative of the City assigned to make official inspections of the materials finished
and of the work performed by the Contractor.
3.16 LABORATORY
Any licensed and qualified independent laboratory designated by, or acceptable to the City to perform
necessary testing of materials for this project. All testing will be the responsibility of the contractor to hire a
licensed testing firm to conduct any testing which is included in the price of various bid items.
3.17 OWNER
City of Sebastian
3.18 PERFORMANCE AND PAYMENT BONDS
Contractor is required to submit bonds in the form prescribed by State Law, and generally as shown on sample
forms herein, for Performance and Payment.
3.19 PLANS (NO PLANS)
The official approved engineering plans, including reproduction thereof, showing the location, character,
dimensions and details of the work to be done. All shop drawings submitted by the Contractor shall be
considered as part of the contract documents.
3.20 PROPOSAL
The proposal or bid is the written offer of a Bidder to perform the work described by the Contract Documents
when made out and submitted on the prescribed proposal form, properly signed and guaranteed. The proposal
or bid shall be considered as part of the contract documents.
3.21 SPECIAL CONDITIONS
Special clauses or provisions, supplemental to the Plans, Standard Specifications and other contract documents,
setting forth conditions varying from or additional to the Standard Specifications for a specific project.
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3.22 SPECIFICATIONS
The directions, provisions, and requirements together with all written agreements made or to be made, setting
forth or relating to the method and manner of performing the Work, or to the quantities and qualities of
materials, labor and equipment to be furnished under the Agreement.
3.23 SUBCONTRACTOR
An individual, partnership or corporation supplying labor, equipment or materials under a direct contract with
the contractor for work on the project site. Included is the one who supplies materials fabricated or formulated
to a special design according to the plans and specifications for the particular project.
3.24 SUPPLEMENTAL AGREEMENT
A written understanding, or proposal and acceptance, executed between the City and the Contractor subsequent
to execution of the Agreement herein with the written consent of the Contractor's Surety, relating to the work
covered by the Agreement and clarifying or furthering the terms thereof. A modification to the Agreement shall
be made by Contract Addendum.
3.25 SURETY
Surety is a corporation qualified to act as surety under the laws of Florida, who executes the Contractor's
Performance and Payment Bonds and is bound with the Contractor for the acceptable performance of the
contracted work and for the payment of all debts pertaining thereto.
3.26 WORK. (The) or PROJECT. (The)
The public improvement contemplated in the Specifications, and all actions necessary to construct the same.
The pavement millings from the streets will be hauled to the City Sebastian Municipal Airport.
3.27 WORK ORDER
Work orders are work instructions including specifications and plans that show the location, character,
dimensions and details to the work to be done. Work orders are specific instructions, of limited scope, that will
be a part of this contract. Work orders shall be considered as part of the contract documents. Any Work
Orders considered to be Change Orders of any kind shall be in writing and address, at a minimum, any changes
in the scope of work and the related impact on Contract Price / Cost and Time / Schedule.
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ARTICLE II - Performance
4.0 SPECIFICATIONS AND RELATED DATA
4.1 INTENT OF THE SPECIFICATIONS
The intent of the Specifications, Work Orders and other Contract Documents is that the Contractor furnishes all
labor and materials, equipment, supervision and transportation necessary for the proper execution of the Work
unless specifically noted otherwise. The Contractor shall do all the work described in the Specifications and
other Contract Documents and all incidental work considered necessary to substantially complete the Work
ready for use, occupancy, or operation in a manner acceptable to the City.
4.2 CONFLICT
In the event of any inconsistency, discrepancy or conflict between the Agreement, Specifications, and other
Contract Documents, the Agreement shall prevail and govern over all except a subsequently executed Contract
Addendum; in the event of an inconsistency, discrepancy or conflict between documents, the Specifications
shall prevail and govern.
4.3 DISCREPANCIES IN PLANS (No Plans)
Any discrepancies found between the Specifications and site conditions, or any errors or omissions in the
Specifications, shall be immediately reported to the Engineer and City. The City Engineer shall promptly
determine the validity and seriousness of the claimed condition and correct any such error or omission in
writing, or otherwise direct Contractor. Any work done by the Contractor after his discovery of such
discrepancies, errors or omissions shall be done at the Contractor's risk.
Any correction or errors or omissions in the Specifications may be made by the Engineer when such correction
is necessary for the proper fulfillment of their intention as construed by the City Engineer. Where said
correction of errors or omissions, except as provided in the next two (2) paragraphs below, adds to the amount
of work to be done by the Contractor, compensation for said additional work shall be made under the
Paragraph 10.7 CHANGES M THE WORK below, except where the additional work may be classed under
some item of work for which a unit price is included in the proposal.
All work indicated in the Specifications and all work and material usual and necessary to make the Work
complete in all its parts, whether or not they are mentioned in the Specifications, shall be furnished and
executed the same as if they were called for in the Specifications. The Contractor will not be allowed to take
advantage of any errors or omissions in the technical provisions of the Specifications. The Engineer will
provide full information when errors or omissions are discovered.
4.4 SPECIFICATIONS AT JOB SITE
One (1) complete set of the Specifications, Work Orders, Addenda, Change Orders, Shop Drawings and
samples shall be maintained at the job site, in good order and annotated to show all changes made during the
construction process, and shall be available to the Engineer and City at all times. A final copy thereof, along
with "as -built" record drawings, operations and maintenance manuals, and data sheets, shall be delivered to the
Engineer upon the completion of the Work.
4.5 DIMENSIONS
Dimensions and project limits will be field measured in advance of the project with City staff from the projects
limits. Where the work of the Contractor is affected by finished dimensions, these shall be verified by the
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Contractor at site, and he shall assume the responsibility for their use
4.6 SAMPLING AND TESTING
Except as otherwise provided, sampling and testing of all materials, and the laboratory methods and testing
equipment, required under the Specifications shall be in accordance with the latest standards or tenets of the
American Society for Testing Materials. All sampling and testing shall be the contractor responsibility and the
price for the sampling and testing are included in various bid items.
The testing of samples and materials shall be made at the expense of the Contractor, except where indicated
otherwise. The Contractor shall famish any required samples without charge. The Contractor shall be given
sufficient notification of the placing of orders for materials to permit testing. As an exception to the above,
when the Contractor represents a material or an item of work as meeting Specifications and under recognized
test procedures it fails, any re -testing shall be at the Contractor's expense, billed at the Testing Laboratory's
standard rate for individual tests.
It is expected that all inspections and testing of materials and equipment will be done locally. If the Contractor
desires that inspections for tests be made outside of the local area, all expenses, including per diem for the
Engineer or Inspectors, shall be home by the Contractor.
4.7 SHOP DRAWINGS (If Required)
The Contractor shall provide shop drawings, setting schedules, and other drawings as may be necessary for the
prosecution of the Work in the shop and in the field as required by the Specifications or Engineer's
instructions. Deviations from the Plans and Specifications shall be called to the attention of the City at the time
of the first submission of shop drawings and other drawings. The City's approval of any shop drawings shall
not release the Contractor from responsibility for errors, corrections of details, or conformance with the
Contract. Shop drawings shall be submitted according to the following schedule:
(a) Seven (7) copies shall be submitted to the City at least thirty (30) days before the materials
indicated thereon are to be needed or earlier if required to prevent delay of work or to comply
with subparagraph (b).
(b) The City shall, within fourteen (14) days of the submittal of any shop drawings, return three (3)
copies to the Contractor marked with any corrections and changes required and noting if the
drawings are acceptable as noted, or if resubmittal is required.
(c) The Contractor shall then correct the shop drawings to conform to the corrections and changes
requested by the City and resubmit six (6) copies to the City.
(d) Three (3) copies of Approved Shop Drawings shall be returned to the Contractor by the City.
4.8 QUALITY OF EQUIPMENT AND MATERIALS
In order to establish standards of quality, the Specifications may refer to certain products by name and catalog
number. This procedure is not to be construed as eliminating from competition other products ofequal or better
quality by other manufacturers where fully suitable in design.
The Contractor shall furnish to the City a complete list of his proposed desired substitutions prior to the signing
of the Contract, together with such engineering and catalog data as the City may require. Further substitutions
may be submitted during the course of work in accordance with Paragraph 4.10 SUBSTITUTION OF
EQUIPMENT AND/OR MATERIAL below.
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The Contractor shall abide by the City's judgment when proposed substitution of materials or items or
equipment are judged to be unacceptable and shall famish the specified material or item of equipment in such
case. All proposals for substitutions shall be submitted to the City in writing by the Contractor and not by
individual trades or material suppliers. The City will advise of approval or disapproval of proposed
substitutions in writing within a reasonable time. No substitute materials shall be used unless approved by City
in writing.
4.9 EQUIPMENT APPROVAL DATA
The Contractor shall famish one(]) copy of complete catalog data for every manufactured item of equipment
and all components to be used in the Work, including specific performance data, material description, rating,
capacity, material gauge or thickness, brand name, catalog number and general type.
This submission shall be compiled by the Contractor and submitted to the City for review and written approval
before any of the equipment is ordered. Each data sheet or catalog in the submission shall be indexed
according to specification section and paragraph for easy reference. After written approval is received by the
Contractor, submission shall become a part of the Contract and may not be deviated from except upon written
approval of the City.
Catalog data for equipment approved by the City does not in any case supersede the Contract Documents. The
acceptance by the City shall not relieve the Contractor from responsibility for deviations from the
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 famished fit the space available. He
shall make necessary field measurements to ascertain space requirements, including those for connections, and
shall order such sizes and shapes of equipment that the field installation shall suit the true intent and meaning
of the Plans and Specifications.
Where equipment requiring different arrangement of connections from those shown is approved, it shall be the
responsibility of the Contractor to install the equipment to operate properly, and in harmony with the intent of
the Specifications, and to make all changes in the Work required by the different arrangement of connections at
his own expense.
4.10 SUBSTITUTION OF EOUIPMENT AND/OR MATERIAL
After the execution of the Contract Agreement, the substitution of equipment and/or material for that specified
will be considered if:
(a) The equipment and/or materials proposed for substitution is determined by the City to be
equal or superior to that specified in the Contract;
(b) Unless determined to be of superior quality, the equipment and/or material proposed for
substitution is less expensive than that specified and that such savings to the City, as proposed
by the Contractor, are submitted with the request for substitution. If the substitution is
approved, the Contract price shall be reduced accordingly; and
(c) The equipment and/or material proposed for substitution is readily available and its delivery
and use, if approved as a substitution, will not delay the scheduled start and completion of the
specified work for which it is intended or the scheduled completion of the entire work to be
completed under the contract.
No request will be considered unless submitted in writing to the City and approval by the City must also be in
writing. To receive consideration, requests for substitutions must be accompanied by documentary proof of the
actual difference in cost to the Contractor in the form of quotations to the contractor covering the original
equipment and/or material, and also equipment and/or material proposed for substitution or other proof
satisfactory to the City. It is the intention that the City shall receive the full benefit of the saving in cost
involved in any substitution unless the item is substituted for one designated in the Specifications by specific
manufacturer's name and type, in which case one-third of the savings shall accrue to the benefit of the
Contractor.
In all cases, the burden of proving adequate proof that the equipment and/or material offered for substitution is
equal or superior in construction and/or efficiency to that named in the Contract shall rest on the Contractor
and the proof will be submitted to the City. Request for substitution of equipment and/or material which the
Contractor cannot prove to the satisfaction of the City, at its sole discretion and judgment, to be equal or
superior in construction and/or efficiency to that named in the Contract will not be approved.
5.0 MATERIALS AND WORKMANSHIP
5.1 MATERIALS FURNISHED BY THE CONTRACTOR
All materials and equipment used in the Work shall meet the requirements of the respective Specifications, and
shall not be used until it has been approved in writing by the City. Wherever the specifications call for an item
of material or equipment by a manufacturer's name and type, and additional features of the item are specifica*
required by the specifications, the additional features specified shall be provided whether or not they are
normally included in the standard manufacturer's item listed.
Wherever the specifications call for an item of material or equipment by a manufacturer's name and type, and
the specified item becomes obsolete and is no longer available, the Contractor shall provide a substitute item of
equal or superior quality and performance which is acceptable to the Engineer and City and is currently
available, at no increase in Contract price.
5.2 STORAGE OF MATERIALS
Materials and equipment shall be stored so as to incur the preservation oftheir quality and fitness for the Work.
When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces, and not on
the ground, and/or they shall be placed under cover. Stored materials and equipment shall be located so as to
facilitate prompt inspection. Private property zoned for or adjacent to land zoned for residential uses shall not
be utilized for storage purposes without special prior arrangement.
5.3 REJECTED WORK AND MATERIAL
Any materials, equipment or work which does not satisfactorily meet the Specifications may be condemned by
the Engineer or City by giving a written notice to the Contractor. All condemned materials, equipment or work
shall be promptly taken out and replaced.
All materials and equipment which do not conform to the requirements of the Contract Documents, are not
equal or superior to samples approved by the Engineer and City, or are in any way unsatisfactory or unsuited to
the purpose, for which they are intended, shall be rejected. Any defective work whether the result of poor
workmanship, use of defective materials, damaged through carelessness or from other cause shall be removed
within ten (10) days after written notice is given by the City, and the work shall be re -executed by the
Contractor. The fact that the Engineer or the City may have previously overlooked such defective work shall
not constitute an acceptance of any part of it. Should the Contractor fail to remove rejected work or materials
within ten (10) days after written notice to do so, the City may remove them and may store the materials and
equipment. Satisfaction of warranty work after final payment shall be in accordance with Paragraph 10.15.
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5.4 MANUFACTURER'S DIRECTION
Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned,
and conditioned as directed by the manufacturer unless herein specified to the contrary.
5.5 SKILL AND CHARACTER OF WORKERS
All workers must have sufficient knowledge, skill and experience to perform properly the work assigned to
them. Any supervisor or worker employed by the Contractor or subcontractors who, in the opinion of the
Engineer or the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a
disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and shall
not be employed again in any portion of the Work without the approval of the City.
The Contractor shall at all times be responsible for the conduct and discipline of its employees and/or any
subcontractor or persons employed by subcontractors.
5.6 CUTTING AND PATCHING
The Contractor shall do all necessary cutting and patching ofthe Work that may be required to properly receive
the work of the various trades or as required by the Plans and Specifications to complete the Work Contractor
shall restore all such cut or patched work as directed by the Engineer or the City. Cutting of existing structures
that could endanger the Work, adjacent property, workmen or the public shall not be done unless approved by
the Engineer and under Engineer's surveillance.
5.7 CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish
caused by its employees or work. At the completion of the Work, contractor shall remove all rubbish, tools,
scaffolding and surplus materials and shall leave the Work "broom clean" or its equivalent, unless more exactly
specified, and shall insure that all debris and other unsightly objects are removed and disposed of in a
satisfactory manner. At no additional expense to the City, the Contractor will restore to their original conditions
or better, as nearly as practicable, those portions of the site not designated for alteration and all such property,
structure, utilities, landscaping, etc., disturbed or damaged during the prosecution of the Work Final payment
will be withheld until such clean up and repairs are completed
The Work will be considered complete only after all debris and unused material due to or connected with the
Work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the
City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four
(24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an
independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys
due the Contractor.
5.8 CITY'S OWNERSHIP OF MATERIALS
Any and all materials, whether structural or natural, found within the limits of the project remain the property
of the City unless City ownership is specifically conveyed to the Contractor. All material, equipment and work
become the sole property of the City as installed. These provisions shall not be construed as relieving the
Contractor from the sole responsibility for all materials and work for which payments have been made, for the
restoration of damaged work, or as a waiver of right of the City to require the fulfillment of all the terms of the
Contract.
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5.9 GUARANTEE
The Contractor shall warrant all its material and equipment furnished and work performed for a period of one
(1) year from the date of final written acceptance of the Work by City.
Satisfaction of warranty work after final payment shall be as per Paragraph 10.15. All equipment and material
warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to the Engineer
for review and acceptance prior to final payment.
Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of beach of
contract due to substandard materials or workmanship, nor shall such warranty period shorten the statute of
limitations for bringing a breach of contract or other action based upon any such deficiencies.
6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR
6.1 PERSONNEL. EQUIPMENT AND RECORD REOUIREMENTS
Adequate field notes and records shall be available for review by the City and Engineer as the Work progresses
and copies shall be available if necessary. Any inspection or checking of the Contractor's field notes or layout
work by the City and the acceptance of all or any part thereof, shall not relieve the Contractor the responsibility
to achieve the lines, grades and dimensions shown in the Plans and Specifications.
Prior to final acceptance of the project, the Contractor shall mark in a permanent manner on the surface of the
completed Work all control points shown on the Plans.
6.2 CONTROL POINTS FURNISHED BY THE CITY
The City will provide boundary or other control points and bench marks as shown on the Plans as
"Contractor's Survey Control Point", if any is provided. The Contractor shall be responsible for all survey
control of his work during construction. The Contractor shall preserve all reference points and benchmarks
furnished by the City.
6.3 FURNISHING OF STAKE MATERIALS
The Contractor shall famish all stakes, templates and other materials necessary for establishing and
maintaining the lines and grades necessary for control and construction of the Work. The cost for surveying
and staking shall be included in the various bid items and no additional compensation.
Sx�1f.V(�]i111Li]al4rLi
Utilizing the control points famished by the City in accordance with Paragraph 6.2, the Contractor shall
establish all horizontal and vertical controls necessary to construct the Work in conformance with the
Specifications. The Work shall include performing all calculations required and setting all stakes needed such
as grade stakes, offset stakes, reference point stakes, slope stakes, and other reference marks or points
necessary to provide lines and grades for construction of all contract items. Survey notes indicating the
information and measurements used in establishing locations and grades shall be kept in notebooks and
furnished to the Engineer with the records for the Project.
6.5 SPECIFIC STAKING REQUIREMENTS
Stakes to establish lines and grades shall be set at appropriate intervals to assure that the Project is constructed
to meet the lines and grade per Specifications. For construction stakes and other control, references shall be set
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at sufficiently frequent intervals to assure that all components of a structure are constructed in accordance
with the lines and grades.
6.6 PAYMENT
The cost of performing layout work as described above shall be included in the contract prices for the various
items of work to which it is incidental.
6.7 COORDINATION WITH CITY
The City's recorded subdivision plats shall be considered correct. The distance, bearing and curve information
provided shall be used by the Contractor's surveyor to establish alignment throughout construction. All
surveying activities will be coordinated with the City s surveyor as needed for proper completion ofall work on
the site.
6.8 LOCATION OF EXISTING UTILITIES AND PIPING
All existing underground utilities, such as telephone, cable television and electrical cables must be located by
the Contractor prior to starting work. The Contractor shall contact the Utilities at least 48 hours prior to
commencing any work within the project area. There may be other utilities within the project area.
The cost of substantiating the location of utilities shall be home by the Contractor and included in the bid price.
The Contractor shall be responsible for the repair and/or replacement of any damage caused to utilities by
Contractor forces during the course of construction. Utilities deemed to require relocation shall be identified by
the Contractor prior to commencing work. The Contractor shall notice the City of the conflict and seek
direction from the City prior to proceeding with work. Directions from the City may be to proceed despite
conflict, place work order on hold and commence work at a different location, or relocate utilities under
separate contract with the utility or a change order to be directed by the City.
7.0 PROGRESS AND COMPLETION OF WORK
7.1 CONTRACTOR'S OBLIGATION
Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be
solely responsible for and have control over construction means, methods, techniques, sequences and
procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents
give other specific instructions concerning these matters.
Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials,
equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other
facilities and services necessary for the proper execution and completion of the Work, whether temporary or
permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in
the Contract Documents, Contractor shall pay all sales, use and other similar taxes.
Contractor shall enforce strict discipline and good order among Contractor's employees and other persons
carrying out the Work. Contractor shall not permit employment of unfit persons or persons not skilled in tasks
assigned to them. Contractor currently holds and shall maintain at all times during the term of this Contract all
required federal, state and local licenses necessary to perform the Work required under the Contract
Documents.
Contractor shall be responsible to the City for the acts and omissions of Contractor's employees, Subcontractors
and their agents and employees, and other persons performing portions of the Work under a contract with
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Contractor. Contractor shall indemnify, defend and hold City harmless from all claims arising out of or
related to its performance of the Work except for acts arising solely from the active negligence of the City.
7.2 START OF CONSTRUCTION
The Contractor shall commence work on the date specked in the Notice to Proceed subsequently issued by the
City, or as specifically noted in any Contract Addendum. However, in no case shall the Contractor commence
work until the City has been furnished and acknowledges receipt of the Contractor's Certificates of Insurance
and a properly executed performance and payment bond as required,
7.3 CONTRACT TIME
The contractor shall complete, in an acceptable manner, all of the Work in the time stated in the Contract
Agreement and any Addenda or Change Orders thereto. The contract time is 90 consecutive calendar days
from start of work date.
7.4 SCHEDULE OF COMPLETION
The Contractor's schedules are subject to the approval of the City, which shall not be unreasonably withheld,
and shall reflect a logical sequence of the various components of work and the anticipated rates of production
necessary to complete the Work on or before the completion date. Said schedules shall be submitted within ten
(10) days of the execution of the agreement by the City except when requested otherwise and shall be updated
and resubmitted to the City on the twenty-fifth (25th) day of every month with the Contractor's pay request.
7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE
The Contractor shall coordinate its work with other contractors, the City, and utilities to assure orderly and
expeditious progress of work.
The City shall hold a pre -construction conference at Sebastian City Hall at a time and date mutually agreed
upon with the Contractor after the Contract has been awarded and fully executed.
7.6 PROPERTY OF OTHERS
A. Public Ownership
The Contractor shall be responsible for the preservation of all public property, trees, monuments, etc., along
and adjacent to the street and/or right-of-way, and shall use every precaution necessary to prevent damage or
injury thereto. He shall use suitable precautions to prevent damage to pipes, conduits and other underground
structures, and shall protect carefully from disturbance or damage all monuments and property marks until a
land surveyor has witnessed or otherwise referenced their location and shall not remove them until so directed
by the Engineer in writing. The City shall remove and relocate all traffic control signs as required
B. Private Ownership
Mail and newspaper boxes, sprinkler systems, ornamental shrubs, lawn ornaments, house numbers, fences, etc.
may be removed and relocated by the property owners. The City will not remove, relocate, or re -install mail
boxes, sprinkler systems, ornamental shrubs, etc. belonging to a private property owner. However, should such
items not be removed or relocated by the start of construction, the Contractor shall remove the objects, in a
manner which does not damage or injure the objects at no extra cost to the City, which interfere with the
construction of the Project and place them on the property owner's front lawn just outside the project limits.
Otherwise, the Contractor shall not enter upon private property for any purpose without obtaining permission
from the property Owner thereof. Where extensive intrusions upon private property are required for
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construction, the City and Contractor shall cooperate to obtain Temporary Construction Easements from the
landowner.
7.7 PROTECTION OF EXISTING UTILITIES AND FACILITIES
All utilities and all structures of any nature, whether below or above ground, that may be affected by the Work
but are not required to be disturbed or relocated by the very nature of the project, shall be protected and
maintained by the Contractor and shall not be disturbed or damaged by Contractor forces during the progress
of the Work; provided that, should the Contractor disturb, disconnect or damage anyutility or any structure, all
expenses of whatever nature arising from such disturbance or the replacement or repair and testing thereof shall
be borne by the Contractor.
7.8 CROSSING PUBLIC FACILITIES
When new construction crosses highways, railroads, streets or similar public facilities under the jurisdiction of
state, county, city, or other public agency or private entity, the City through the Engineer shall secure written
permission prior to the commencement of construction of such crossing. The Contractor will be required to
furnish evidence of compliance with conditions of the permit from the proper authority before final acceptance
of the Work by City. Road closures are governed by Paragraph 8.3.
7.9 CHANGES IN THE WORK
The City may order changes in the Work through additions, deletions or modifications without invalidating the
Contract; however, any change in the scope of work or substitution of materials shall require the written
approval of the City. Compensation and time of completion affected by the change shall be adjusted at the time
of ordering such change. New and unforeseen items of work found to be necessary and which cannot be
covered by any item or combination of items for which there is a contract price shall be classed as changes in
the Work. The Contractor shall do such changes in the Work and furnish such materials, labor and equipment
as maybe required for the proper completion of construction of the work contemplated. In the absence of such
written order, no claim for changes in the Work shall be considered. Changes in the Work shall be performed
in accordance with the Specifications where applicable and work not covered by the specifications or special
provisions shall be done in accordance with specifications issued for this purpose. Changes in the Work
required in an emergency to protect life and property shall be performed by the Contractor as required.
7.10 EXTENSION OF CONTRACT TIME
No extension of time shall be valid unless given in writing by the City. No monetary compensation shall be
given for such delay.
A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an
extension of time in which to complete the Work as determined by the City provided, however, the Contractor
shall immediately give written notice to the City of the cause of such delay.
"Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager
when said Project Manager determines that weather conditions make it counterproductive to work on said days.
"Rain day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain
day" extensions granted shall be processed as a Change Order with each pay submittal.
In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractor shall be granted an
extension of time to complete the Work for as many calendar days as the Work was suspended; except,
however, that the Contractor will not be granted an extension of time to complete the Work if the suspension
was caused by a fault of the Contractor.
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7.11 CORRECTION OF WORK
Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements of the
Contract Documents, whether observed before or after completion of the Work and whether or not fabricated,
installed or completed, and shall correct any Work found to be not in accordance with the requirements of the
Contract Documents within a period of one (1) year from the date of completion of the Work or by the terms of
an applicable special warranty required by the Contract Documents. The provisions of this Paragraph apply to
the Work done by Subcontractors as well as to the Work done by direct employees of Contractor.
Nothing contained in this Paragraph shall be construed to establish a period of limitation with respect to other
obligations which Contractor might have under the Contract Documents. Establishment of the time period of
one (1) year as described in Subparagraph 7.11(a) above relates only to the specific obligation of Contractor to
correct the Work, and has no effect on the time within which the obligations of the Contract Documents may
be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability
with respect to Contractor's remaining contractual obligations.
7.12 LIQUIDATED DAMAGES
In the event Contractor violates or fails to perform any provision of the Contract Documents, then the City may
elect to receive, and Contractor agrees to pay, liquidated damages in the amount of three hundred dollars
($300)ver day beyond the agreed completion date. Inspection of the Work by the City and the subsequent
issuance of a notice by the City indicating substantial completion will be the date used to signify work
completion. If completion is beyond the schedule agreed upon, liquidated damages may be imposed by the
City on the Contractor and will be withheld from payment.
It is expressly acknowledged by Contractor that said payment shall not be interpreted nor construed as a
penalty but is in fact a good faith attempt to fix damages which the City will suffer in the event Contractor fails
to perform as required hereunder or violates any provision of the Contract Documents.
8.0 PUBLIC HEALTH AND SAFETY
8.1 PROTECTION OF PERSONS AND PROPERTY
The Contractor shall submit, for the City's approval, a project safety and security plan which describes the
Contractor's plans and procedures to protect the safety and property ofproperty owners, residents, and passers-
by. The plan shall describe measures and precautions to be taken during working hours and non -working
hours.
A. Safety Precautions and Programs
The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety
and Health Act and the laws of the State of Florida.
This Contract requires that the Contractor and any and all subcontractors hired by the Contractor comply with
all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a
failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from
penalties charged to the City for violations of OSHA committed by the Contractor or any and all
subcontractors.
B. Safety of Persons and Property
The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable
protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be
affected thereby, all the work materials and equipment to be incorporated therein, whether in storage on or off
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the project site, under the care, custody or control of the Contractor or any of his subcontractors; and other
property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways,
structures and utilities not designated for removal, relocation or replacement in the course of construction.
The Contractor shall be held fully responsible for such safety and protection until final written acceptance of
the Work. Fire hydrants on or adjacent to the Work shall be kept accessible to fire fighting equipment at all
times. Temporary provisions shall be made by the Contractor to insure the proper functioning of all swales,
gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed except as approved
by the City. The Contractor acknowledges that, in executing the Project, it will operate machinery and
equipment that may be dangerous to the adjacent property owners and the general public. The Contractor will
be required to conduct excavations for the Project that may be hazardous to person and property. The
Contractor shall develop and implement a job safety and security plan that will adequately protect all property
and the general public. Contractor shall rigorously prohibit the committing of nuisances on the site of the
Work, on the lands of the City or an adjacent property.
8.2 TRAFFIC CONTROL
All safety precautions, traffic control, and warning devices necessary to protect the public and workmen from
hazards within the right-of-way shall,be in strict accordance with SECTION 102, MAINTENANCE OF
TRAFFIC, in the Florida Dept. of Transportation (FDOT) Std. The State offlodda Manual of Traffic Control
and Safe Practices forStreet and Highway Construction, Maintenance and Utility Operations Specifications
for Road and Bridge Construction, latest edition shall be used as minimum standards, as applicable. Further,
the Contractor shall carry on the Work in a manner that will cause the least possible obstruction and
interruption in traffic, and the least inconvenience to the general public and the residents in the vicinity of the
work.
8.3 ROAD CLOSURE AND DETOURS
Local traffic shall be maintained within the limits of the Project for the duration of the construction period.
Closing to through travel of more than two (2) consecutive blocks, including the cross street intersected will
not be permitted without specific authorization of the City. No road or street shall be closed to the public
except with the permission of the City and proper governmental authority. When closing of roads is permitted,
it shall require forty-eight (48) hours notification to the City. Traffic detours shall be pre -approved prior to
closing. "Street Closed to through Traffic" signs and "Detour" routes shall be indicated and maintained by the
Contractor when the job is located in a public or private street.
8.4 PROVISION OF ACCESS
Where traffic must cross open trenches, the contractor shall provide adequate ingress and egress to dwellings,
business facilities, utilities and service. Temporary provisions shall be made by the Contractor to insure the use
of sidewalks. The Contractor shall provide suitable crossings at street intersections and driveways, and supply
such aid as may be required for pedestrians and motorists, including delivery vehicles, to safely negotiate the
construction areas. On completion of Work within any area, the Contractor shall remove all debris, excess
materials, barricades and temporary Work leaving walkways and roads in said area clear of obstructions.
8.5 WARNING SIGNS AND BARRICADES
The Contractor shall provide adequate signs, barricades, warning lights and flagmen, as required, and all such
other necessary precautions for the protection of the Work and the safety of the public. All barricades and
obstructions shall be protected at night by regulatory signal lights which shall be kept in operation from sunset
to sunrise. Barricades shall be of substantial construction and shall be reflective to increase their visibility at
night. Suitable warning signs shall be so placed and illuminated at night as to show in advance where
construction, barricades or detours exist. Unless so designated in the Bid Documents, no direct payment for
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this work will be made, but the cost of providing, erecting and maintaining such protection devices, including
guards, watchmen and/or flagmen as required shall be considered as included and paid for in the various
contract prices of the Work Warning signs and barricades shall be in conformance with the State of Florida,
Manual of Traffic Control and Safe Practicesfor Street and Highway Construction, Maintenance and Utility
Operations, latest edition.
The Contractor shall provide and maintain adequate barricades, construction signs, torches, flashers, guards
and flagmen as required in pedestrian and vehicular traffic areas. Regulations of local authorities shall be
compiled with. Advance warning signs are required on all streets where work is being conducted. Lane
closures shall be signed and barricaded or coned as indicated in aforementioned FDOT Index. Flagmen may
be required where traffic and length of lane closure warrant them. Where such a plan is needed, Contractor
shall submit and obtain approval of their traffic control plan by the City.
8.6 OPEN TRENCHES
The Contractor shall fully comply with Florida Statutes and OSHA regulations with regard to open trenches
during construction. The Contractor shall be place construction hazard fencing along any open trenches during
the construction work -day, and shall leave no open trenches or excavations over -night unless properly fenced
and with the specific approval of the Engineer or the City.
8.7 PLACEMENT OF HEAVY EQUIPMENT
The Contractor shall not leave construction equipment parked in front of or on a residential lot overnight or on
weekends. At the close of work each day, the equipment shall be driven to and stored in a designated area so
that the equipment will not become an "attractive nuisance" to neighborhood children. All equipment left
unattended during the course of working day, such as during lunch hours or work breaks, shall not be left in a
condition or location which would create a safety hazard to the general public. All keys shall be removed from
the machines during those times.
8.8 TEMPORARY FACILITIES AND CONTROLS
The Contractor shall provide controls for sanitary facilities, environmental protection and safety controls on
site acceptable to the Florida Department of Health and Rehabilitative Services, Department of Environmental
Protection, and St. Johns River Water Management District.
8.9 SANITARY PROVISION
The Contractor shall provide and maintain such sanitary accommodations adequate for the use of his
employees and those of his subcontractors, and as may be necessary to comply with the requirements and
regulations of the local and state departments of health. Such facilities shall be made available when the fust
employees arrive on site of the Work, shall be properly secluded from public observation, and shall be
constructed and maintained during the progress of the Work in suitable numbers and at such points and in such
manner as may be required or approved. The Contractor shall maintain the sanitary facilities in a satisfactory
and sanitary condition at all times and shall enforce their use. The City shall have the right to inspect such
facilities at all times to determine whether or not they are being properly and adequately maintained.
Following the period of necessity for such accommodations, they and all evidence affixed thereto shall be
removed.
8.10 WATER AND ELECTRIC SUPPLY
The Contractor shall make all necessary applications and arrangements, and pay all fees and charges for water
and electrical service necessary for the proper completion of the Project up to the time of final acceptance. The
Contractor shall provide and pay for any temporary piping and connections.
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8.11 NOISE CONTROL
The Contractor shall provide adequate protection against objectionable noise levels caused by the operation of
construction equipment, and shall submit a plan to the Engineer for review prior to initiation and
implementation of the plan.
8.12 DUST CONTROL
The Contractor shall provide for adequate protection against raising objectionable dust clouds caused by
moving construction equipment, high winds or any other cause, and shall submit a plan to the Engineer for
review prior to initiation and implementation of the plan.
8.13 WATER CONTROL
The Contractor shall provide for satisfactory disposal of surplus water and shall submit a plan to the Engineer
for review prior to initiation and implementation of the plan. Prior approval shall be obtained from the proper
authorities for the use of public or private lands or facilities for such disposal.
8.14 POLLUTION. SILTATION AND EROSION CONTROL
The Contractor shall provide for and take sufficient precautions to prevent pollution of private and public
lands, reservoirs, ponds, rivers, streams, creeks, etc., by the disposal of surplus materials in the forms of solids,
liquids or gases including, but not limited to, fuels, oils bitumen, calcium chloride or other harmful materials.
Contractor shall conduct and schedule Work operations so as to avoid or otherwise minimize pollution or
silting of streams, lakes and reservoirs and to avoid interference with movement of migratory fish where there
is a high potential for erosion and subsequent water pollution.
Erosion control features shall be constructed concurrently with other work and at the earliest practicable time.
The Contractor shall prepare a detailed description of Contractor's plan for Erosion and Turbidity Control,
including location of erosion control and turbidity control devices, marked on a plan set as needed for clarity.
The erosion and turbidity control shall meet the requirements of the St. John's River Water Management
District and the applicable City's NPDES program for control of discharge of Total Suspended Matter, and
shall prevent water and wind erosion of open excavations and swales.
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ARTICLE III - Supervision and Administration
9.0 ENGINEER. CITY, CONTRACTOR RELATIONS
9.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY
All work done shall be subject to the construction review of the Engineer and City. Any and all technical
questions which may arise as to the quality and acceptability of materials famished, work performed, or work
to be performed, interpretation of Specifications and all technical questions as to the acceptable fulfillment of
the Contract on the part of the Contractor shall be referred to the Engineer who will resolve such questions.
9.2 ENGINEER'S DECISION
All claims of a technical nature of the City or Contractor shall be presented to the Engineer for resolution.
9.3 SUSPENSION OF WORK
The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed
necessary and for whatever cause, to include but not be limited to, unsuitable weather or such other conditions
as are considered unfavorable for prosecution of the Work, failure on the part of the Contractor to carry out the
provisions of the Contract or to supply materials meeting the requirements of the Specifications, or the action
of a governmental agency, by serving written notice of suspension to the Contractor. In the event that the
Engineer shall become aware of any condition which may be cause for suspension of the Work, the Engineer
shall immediately advise the City of such condition. The Contractor shall not suspend operations under the
provisions of this Paragraph without the City's permission.
9.4 CONSTRUCTION REVIEW OF WORK
All materials and each part or detail of the Work shall be subject at all times to construction review by the
Engineer and the City. The Engineer and the City may appoint inspectors. The Contractor will be held strictly
to the true intent of the Specifications in regard to quality of materials, workmanship, and the diligent
execution of the Contract. Such construction review may include mill, plant, or shop inspection, and any
material famished under the Specifications is subject to such inspection. The Engineer and the City shall be
allowed access to all parts of the Work and shall be famished with such information and assistance by the
Contractor as is required to make a complete and detailed review. The City shall not be responsible for the acts
or omissions of the Contractor.
9.5 FIELD TESTS AND PRELIMINARY OPERATION
The Contractor shall perform the work of placing in operation all equipment installed under this Contract,
except as specifically noted hereinafter.
The Contractor shall make adjustments necessary for proper operation.
The Contractor shall provide construction labor required for preliminary operation of the equipment installed
under this Contract.
The Contractor shall notify the City when work is considered to be complete, in operating condition, and ready
for inspection and any testing, if needed. Further inspection requirements may be designated in the Technical
Specifications on the pavement.
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The City will conduct tests it deems necessary to determine if the Work functions properly. Arrangements for
testing laboratory services will be made by the City. Payment for testing to show compliance with specified
requirements will be paid for by the City. The cost of retesting when materials and workmanship fail to meet
specified requirements will be deducted from moneys due the Contractor.
9.6 EXAMINATION OF COMPLETED WORK
The City may request an examination of completed work of the Contractor at any time before acceptance by the
City of the Work and shall remove or uncover such portions of the finished work as may be directed. After
examination, the Contractor shall restore said portions of the Work to the standard required by the
Specifications. Should the work thus exposed or examined prove acceptable, the uncovering or removing and
the replacing of the covering or making good of the parts removed shall be paid for as extra work, but should
the work so exposed or examined prove unacceptable, the uncovering, removing and replacing shall be at the
Contractor's expense.
9.7 CONTRACTOR'S SUPERINTENDENT
A qualified superintendent, who is acceptable to the City, shall be maintained on the project and give sufficient
supervision to the Work until its completion. The superintendent shall have full authority to act on behalf of
the Contractor, and all communications given to the superintendent shall be considered given to the Contractor.
In general, such communications shall be confirmed in writing and always upon written request from the
Contractor.
9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES
Upon failure of the contractor to perform the work in accordance with the Contract Documents, including any
requirements with respect to the Schedule of Completion, and after five (5) days written notice to the
Contractor, the City may, without prejudice to any other remedy he may have, correct such deficiencies. The
Contractor shall be charged all costs incurred to correct deficiencies.
9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK
In the event of any default by the Contractor, the City shall have the right to immediately terminate the
Contract upon issuance of written notice of termination to the Contractor stating the cause for such action. This
Agreement may be terminated by the City without cause provided at least thirty (30) days written notice of
such termination shall be given to the Contractor. In the event of termination, the City may take possession of
the Work and of all materials, tools and equipment thereon and may finish the Work by whatever method and
means it may select.
It shall be considered a default by the Contractor whenever Contractor shall:
(a) Declare bankruptcy, become insolvent or assign his assets for the benefit of his creditors.
(b) Disregard or violate the provisions of the Contract Documents or City's written instructions, or
fail to prosecute the Work according to the agreed schedule of completion including extensions
thereof.
(c) Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper
materials, or fail to make prompt payment for same.
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9.10 RIGHTS OF VARIOUS INTERESTS
Wherever work being done by the City's forces or by other contractors is contiguous to work covered by the
Contract, the respective rights of the various interests involved shall be established by the City, to secure the
completion of the various portions of the Work in general harmony.
9.11 SEPARATE CONTRACTS
The City may let other contracts in connection with the Work of the Contractor. The Contractor shall cooperate
with other Contractors with regard to storage of materials and execution of their work. It shall be the
Contractor's responsibility to inspect all work by other contractors affecting Contractor's work and to report to
the City any irregularities that will not permit completion of work in a satisfactory manner.
Contractor's failure to notify the City of such irregularities shall indicate the work ofother contractors has been
satisfactorily completed to receive related work. It shall be the responsibility of the Contractor to inspect the
completed work in place and report to the Engineer immediately any difference between completed work by
others and the Plans.
9.12 SUBCONTRACTS AND PURCHASE ORDERS
Prior to signing the Contract or at the time specified by the City, the Contractor shall submit in writing to the
City the names of the subcontractors proposed for the Work. Subcontractors may not be changed except at the
request or with the approval of the City. The Contractor is responsible to the City for the acts and omissions of
its subcontractors and their direct or indirect employees, to the same extent as he is responsible for the acts and
omissions of its employees. The Contract Documents shall not be construed as creating a contractual relation
between any subcontractors and the City. The Contractor shall bind every subcontractor by the terms of the
Contract Documents.
For convenience of reference and to facilitate the letting of contracts and subcontracts, the Specifications are
separated into title sections. Such separations shall not, however, operate to make the Engineer or City an
arbiter to establish limits to the contracts between the Contractor and subcontractors.
9.13 WORK DURING AN EMERGENCY
The Contractor shall perform any work and shall furnish and install materials and equipment necessary during
an emergency endangering life or property. In all cases, Contractor shall notify the Engineer and City of the
emergency as soon as practicable, but shall not wait for instructions before proceeding to properly protect both
life and property.
9.14 ORAL AGREEMENTS
No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or
obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents
shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed
waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other
waiver or modification.
9.15 NIGHT, SATURDAY AND/OR SUNDAY WORK
No night or Saturday and Sunday work will be permitted, except in case of emergency, or with prior approval
from City, and then only to such extent as is absolutely necessary to protect life or property. This clause shall
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not pertain to crews organized to perform restoration work which needs no verifying inspection, maintenance
work on equipment, or to operate and maintain special equipment such as dewatering pumps which may be
required to work 24 hours per day. All such night, Saturday and/or Sunday work must be authorized by the
City.
9.16 UNAUTHORIZED WORK
Work done without lines and grades having been established, work done without proper inspection, or any
changes made or extra work done without written authority will be done at the Contractor's risk and will be
considered unauthorized, and, at the option of the City, may not be measured and paid for.
9.17 USE OF COMPLETED PORTIONS OF THE WORK
The City shall have the right to use, occupy, or place into operation any portion of the Work that has been
completed sufficiently to permit safe use, occupancy, or operation, as determined by the Engineer. If such use,
occupancy, or operation increases the cost of or delays the Work, the Contractor shall be entitled to extra
compensation, or an extension of time, or both, as determined by the Engineer. However, if Contractor has
failed to complete the Work in accordance with the time requirements of the Agreement, no compensation
(including set -offs to liquidated damages) shall be allowed for such use or occupancy.
9.18 CONTRACTOR'S RESPONSIBILITY FOR WORK
Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor, and he shall
take every necessary precaution against injury or damage to the Work by the action of the elements or from any
other cause whatsoever, whether arising from the execution or from the non -execution of the Work. The
Contractor shall rebuild, repair, restore and make good, without additional compensation, all injury or damage
to any portion of the Work occasioned by any cause, other than the sole and active negligence of the City,
before its completion and acceptance.
10.0 MEASUREMENT AND PAYMENT
10.1 DETAILED BREAKDOWN OF CONTRACT
Except in cases where unit prices form the basis for payment under the Contract, the Contractor shall submit a
complete breakdown of the contract amount showing the value assigned to each part of the Work, including an
allowance for profit and overhead within ten (10) days of the execution of the Contract by the parties. Upon
approval of the breakdown of the contract amount by the Engineer and the City, it shall be used as the basis for
all requests for payment.
IGx�iiil ��ttl Yal:�J\'��4_��Itl
The Contractor may submit to the City not more than once each month a request for payment for work
completed. Where applicable, the Contractor may choose to submit a request for payment at the substantial
completion of each work order. The City may elect to provide its own form for the Contractor to submit
progress payment requests. The standard form provided by the City, or a form presented by the Contractor
having received prior approval from the City, can be used for the submittal of a progress payment.
The Contractor shall furnish the Engineer and the City all reasonable facilities required for obtaining the
necessary information relative to the progress and execution of the Work. In addition to each month's invoice,
an updated project schedule shall be submitted.
Each request for payment shall be computed from the work completed to date on all items listed in the detailed
breakdown of the contract amount less previous payments and back charges. Progress payments on account of
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Unit Price Work will be based on the number of units completed at the time the payment request was dated
by the Contractor. If payment is requested on the basis of materials and equipment not incorporated in the
project but delivered and suitably stored at the site or at another location agreed to in writing, the payment
request shall also be accompanied by a bill of sale, invoice or other documentation warranty that the City has
received the materials and equipment free and clear of all liens, charges, security interests and encumbrances,
all of which shall be satisfactory to the City. No payments shall be made for materials stored on site without
approval of the City.
An amount of 10% of each monthly pay request shall be retained until final completion and written acceptance
of the Work by the City. Payment of the retainage shall be included in the Contractor's final pay request in
accordance with Paragraph 10.14. Any deviation in the release or partial release of the 10% retainage shall be
at the sole discretion of the City, but in no case earlier than completion of the Engineer's "punch list
inspection".
Any request for payment shall be accompanied by claim releases for work done or materials furnished in
accordance with Paragraph 10.13.
Prior to submission of any request for payment by the Contractor, the Engineer shall review the request for
payment to determine the following:
(a) That the work covered by the request for payment has been completed in accordance with the
intent of the Plans and Specifications.
(b) That the quantities of work have been completed as stated in the request for payment, whether
for a unit price contract or for payment on a lump -sum contract.
10.3 CITY'S ACTION ON A REQUEST FOR PAYMENT
Within thirty (30) days from the date of receipt of a request for payment the City shall do one of the following:
(a) Approve and pay the request for payment as submitted.
(b) Approve and pay such other amount of the request for payment in accordance with Paragraph
10.4 as the City shall decide is due the Contractor, informing the Contractor in writing of the
reasons for paying the amended amount.
(c) Disapprove the request for payment in accordance with Paragraph 10.4 informing the
Contractor in writing of the reasons for withholding payment.
10.4 CITY'S RIGHT TO WITHHOLD PAYMENT OF A REQUEST FOR PAYMENT
The City may withhold payment in whole or in part on a request for payment to the extent necessary for any of
the following reasons:
(a) Work not performed but included in the request for payment, or the contract Price has been
reduced by written change order.
(b) Work covered by the request for payment which is not in accordance with the Plans,
Specifications and generally accepted construction practices, including if, in the opinion of the
City, there is sufficient evidence that the Work has not been satisfactorily completed, or based
upon tests and/or inspections the work is defective or has been damaged requiring correction
or replacement.
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(c) In the event of a filing of a claim or lien, or information received by City of a
potential filing of a claim or lien against the Contractor or City.
(d) Failure of the Contractor to make payments to subcontractors, material suppliers
or labor.
(e) Damage to another contractor.
(� The City has had to correct a defect in the Work, or there are other items entitling
the City to a set-off against the amount recommended.
(g) Default of any of the provisions of the Contract Documents.
10.5 PAYMENT FOR UNCORRECTED WORK
Should the City direct, in writing, the Contractor not to correct work that has been damaged or that was not
performed in accordance with the Contract Documents, an equitable deduction from the contract amount shall
be made to compensate the City for the uncorrected work.
10.6 PAYMENT FOR REJECTED WORK AND MATERIALS
The removal of work and materials rejected under Paragraph 5.3 and the re-execution of work by the
Contractor shall be at the expense of the Contractor and the Contractor shall pay the cost of replacing the
destroyed or damaged work of other contractors by the removal of the rejected work or materials and the
subsequent re-execution of that work. In the event that City incurs expenses related thereto, Contractor shall
pay for the same within thirty (30) days after written notice to pay is given by the City. If the Contractor does
not pay the expenses of such removal, after ten (10) days written notice being given by the City of its intent to
sell the materials, the City may sell the materials and shall pay to the Contractor the net proceeds there from
after deducting all the costs and expenses that are incurred by the City.
If the proceeds do not cover the expenses incurred by the City, such additional amounts may be set-off against
any payments due Contractor.
10.7 CHANGES IN THE WORK
A. Change Orders
If conditions require a change in the scope of work or additional work varying from the original Plans or
Specifications, such change shall be effected by the Contractor when the City issues a written Change Order.
The Change Order shall set forth in complete detail the nature of the change, the change in the compensation to
be paid the Contractor and whether it is an addition or a reduction of the original total contract cost. Should
additional or supplemental drawings be required, they will be famished by the Engineer. All Change Orders
shall address the impact of the change on both Contract Price / Cost and Contract Time / Schedule.
Compensation to be paid to the Contractor for accomplishing the work of a Change Order shall be established
in one of the following ways:
(a) By lump sum proposed by the Contractor and accepted by the City.
(b) By unit prices established and agreed to.
A-08
(c) By unit prices established for additional kinds of work.
(d) By other methods as may be mutually agreed upon.
(e) By force account wherein the Contractor provides the labor and materials at Contractor's
direct cost plus 15% for overhead and profit. When the force account method is used, the
Contractor shall provide full and complete records of all costs for review by the City.
B. Claims
Claims arising from changes or revisions made by the Contractor at the City's request shall be presented to the
City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for
work not covered herein, or in Supplemental Agreement, the Contractor shall notify the City in writing of its
intention to make claim for extra compensation before work begins on which the claim is based. If such
notification is not given and the City is not afforded by the Contractor a method acceptable to the City for
keeping strict account of actual cost, then the Contractor hereby waives its request for such extra compensation.
The City is not obligated to pay the Contractor if the City is not notified as described above. The Contractor
may refuse to perform additional work requested by the City until an appropriate agreement is executed by the
parties. Such notice by the Contractor and the fact that the City has kept account of the costs as aforesaid shall
not in any way be construed as proving the validity of the claim.
10.8 CANCELED ITEMS OF WORK
The City shall have the right to cancel those portions of the contract relating to the construction of any item
provided therein. Such cancellation, when ordered by the City in writing, shall entitle the Contractor to the
payment of a fav and equitable amount covering all costs incurred by Contractor pertaining to the canceled
items before the date of cancellation or suspension of the Work. The Contractor shall be allowed a profit
percentage on the materials used and on construction work actually done, at the same rates as provided for
"Changes in the Work", but no allowance will be made for anticipated profits. Acceptable materials ordered by
the Contractor or delivered on the site before the date of such cancellation or suspension shall be purchased
from the Contractor by the City at actual cost and shall thereupon become the property of the City.
10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY
If the Work or any part thereof shall be suspended by the City as provided in Paragraph 9.3, the Contractor will
then be entitled to payment for all work done except as provided in Paragraph 10.4.
10.10 PAYMENT FOR WORK BY THE CITY
The cost of the work performed by the City removing construction materials, equipment, tools and supplies in
accordance with Paragraph 5.7 and in correcting deficiencies in accordance with Paragraph 9.8 shall be paid by
the Contractor.
10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION OF CONTRACT
A. Termination by City for Cause
Upon termination of the contract by the City for cause, including abandonment or termination by Contractor,
the City may enter into an agreement with others for the completion of the Work under this Agreement and the
Contractor shall be held harmless for the work of others. No further payments shall be due the Contractor until
the Work is completed and accepted by the City. If the unpaid balance of the contract amount shall exceed the
cost of completing the Work including all overhead costs, Contractor shall be paid up to the amount of the
excess balance on a quantum merit basis for the work done prior to termination. If the cost of completing the
A-49
Work shall exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. The
cost incurred by the City as herein provided shall include the cost of the replacement contractor and other
expenses incurred by the City through the Contractor's default. In either event, all work done, tracings, plans,
specifications, maps, computer programs and data prepared by the Contractor under this Agreement shall be
considered property of the City.
B. Termination by City Without Cause
In the event the City without cause abandons, terminates or suspends this Agreement, the Contractor shall be
compensated for services rendered up to the time of such termination and any work done or documents
generated by the Contractor shall remain the property of the City.
10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY
The Contract will be considered complete when all work has been finished, the final construction review is
made by the Engineer, and the project accepted in writing by the City.
10 13 RELEASE OF CLAIMS (INTERIM/FINAL)
The Contractor shall deliver, with each request for payment, a completed Affidavit and Release of Claim on a
form supplied by the City. Also, from each supplier or subcontractor who has notified the City of his right to
file a Claim (Notice to City) or who is listed in the Contractor's Affidavit and Release of Claim as an unpaid,
potential Claimant, a Claimant's Sworn Statement of Account, executed by the supplier or subcontractor, must
be attached to each request for payment.
If the completed forms are not supplied with the request for payment, the City will notify Contractor of the
outstanding claims of record and, if said completed form(s) are not supplied within thirty (30) days, the City
shall make joint payments to the Contractor and outstanding claimants.
10.14 ACCEPTANCE AND FINAL PAYMENT
When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and Engineer that
the Work has been completed in accordance with the terms of the Contract Documents, the Engineer shall
certify completion of the Work to the City. At that time, the Contractor may submit the Contractor's final
request for payment. The Contractor's final request for payment shall be the contract amount plus all approved
written additions less all approved written deductions and less previous payments made. As a condition for
Final payment, a Contractor's Final Affidavit must be received by the City along with his Final Payment
Request and any as -built drawings which may be required. The Contractor shall furnish full and final releases
of Claim for labor, materials and equipment incurred in connection with the Work, following which the City
will release the Contractor except as to the conditions of the performance bond, any legal rights of the City,
required guarantees and satisfaction of all warranty work, and shall authorize payment of the Contractor's final
request for payment.
10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT
The making of the final payment by the City to the Contractor shall not relieve the Contractor of responsibility
for faulty materials or workmanship. The City shall promptly give notice of faulty materials and workmanship
and the Contractor shall promptly replace any such defects discovered within one (1) year from the date of final
written acceptance of the Work by the City.
A -SO
11.0 PUBLIC CONTRACT REQUIREMENTS
11.1 COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for the Contractor, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working
solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City
shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the
Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or
consideration.
11.2 INTEREST OF MEMBERS OF CITY AND OTHERS
No officers, members or employees of the City and no member of its governing body, and no other public
official of the governing body of the locality or localities in which services for the facilities are situated or
carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or
carrying out of this project, shall participate in any decision relating to this Agreement which affects such
person's personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or
the proceeds thereof.
11.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING
The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the
Contractor to any person for influencing or attempting to influence any officer or employee of any Federal
agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in
connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any
Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal,
amendment or modification of any Federal contract, Grant, loan or cooperative agreement.
If any funds other than Federal appropriated funds have been paid by the Contractor to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an
officer or employee of Congress or an employee of a member of Congress in connection with this Agreement,
the undersigned shall complete and submit Standard Form- "Disclosure Form to Report Lobbying" in
accordance with its instructions.
11.4 INTEREST OF CONTRACTOR
The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect,
which shall conflict in any manner or degree with the performance of services required to be performed under
this Agreement. The Contractor will further covenants that in the performance of this Agreement, no person
having any such interest shall be employed. The Contractor shall not undertake any professional work which
conflicts with its duties as the City s Contractor without the prior written consent of the City during the term of
this Agreement. Any work where the Contractor can reasonably anticipate that it may be called to testify as a
witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under
this Agreement.
11.5 PUBLIC ENTITY CRIMES
The Contractor shall file the attached sworn statement which is entitled PUBLIC ENTITY CRA4ES, stating
whether a person or affiliate as defined in Section 287.133 (1) Florida Statutes, has been convicted of a public
entity crime subsequent to July 1, 1989, in accordance with the provisions of said statute.
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11.6 DRUG-FREE WORKPLACE
The Agreement documents also include the "Drug -Free Workplace Form" which is in accordance with Florida
Statute 287.089 and must be signed and instituted.
11.7 COMPLIANCE WITH LAWS
Contractor shall comply with all applicable federal laws that in any way regulate or impact the Work,
including, but not limited to, The Clean Ar Act (42 USC §7506(c)), The Endangered Species Act (16 USC
§ 1531, et seq.), Executive Order No. 11593, Executive Order No. 11988, Executive Order No. 11990, The
Fish and Wildlife Coordination Act (PL 85-624), The Safe Water Drinking Act Section 1424(e) (PL 93-523, as
amended), The Wild and Scenic Rivers Act (PL 90-542, as amended), The Demonstration Cities and
Metropolitan Development Act of 1966 (PL 89-754), Section 306 of The Clean Air Act, Section 508 of The
Clean Water Act, Executive Order No. 11738, The Civil Rights Act of 1964 (PL 88-352), The Age
Discrimination Act (PL 94-135), Section 13 of The Federal Water Pollution Control Act (PL 92-500),
Executive Order No. 11246, Executive Order No. 11625, Executive Order No. 12138, Executive Order No.
12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and Health Act and applicable
regulations, and the Americans with Disabilities Act (PL 101-336).
11.8 INSURANCE
The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain
said insurance during the life of this agreement:
(a) Workers' Compensation - Contractor shall purchase workers' compensation
insurance as required by law.
(b) Commercial General Liabilitv - Contractor shall purchase Commercial General Liability
insurance with a combined single limit of at least $1,000,000.
(c) Commercial Auto Liability - Contractor shall purchase Commercial Auto Liability insurance
with a combined single limit of at least $1,000,000.
Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations under
Paragraph 9.18 for the Work paid for by the City but not yet accepted.
The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Contractor and the
insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or
terminate said insurance. It is the full responsibility of the contractor to insure that all sub -contractors have full
insurance coverage as stated above.
The Contractor shall not commence the Work under this contract until Contractor has obtained all the
insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor
shall the Contractor allow any subcontractor to commence work on a subcontract until all insurance required
has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the
Work, insurance as specified herein and in such form as shall protect Contractor and any subcontractor
performing work under this Contract, or the City, from all claims and liability for damages for bodily injury,
including accidental death, under this Contract, whether by Contractor or by any subcontractor or by any one
directly or indirectly employed by either of them.
The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance,
naming the City as an additional insured party, prior to the start of construction as provided in the Contract.
Fara
11.9 BOND (Reouired
The Contractor shall provide Bonds in the form prescribed by State Law, and generally as shown in these
Documents, for Performance and Payment, each in the amount of 100% of the total contract amount.
11.10 PERMITS
All City and St. John's River Water Management District permits and other permits necessary for the
prosecution of the Work shall be secured by the City, except for Contractor's licenses and registrations, and
dewatering permits that may be required by St. Johns River Water Management District (SJRWMD).
Contractor shall secure a building permit if required by the City's Building Official.
This milling and paving project will not require a SJRWMD permit.
11.11 LAWS TO BE OBSERVED
The Contractor shall give all notices and comply with all federal, state and local laws, ordinances, permit
requirements and regulations in any manner affecting the conduct of the Work, and all such orders and decrees
as enacted by bodies or tribunals having any jurisdiction or authority over the Work, and shall indemnify and
save harmless the City and Engineer against any expense, claim or liability arising from, or based on, the
violation of any such law, ordinance, regulation, permit requirements, order or decree, whether by Contractor
or its employees. The failure of the Contractor to adhere to any known law or regulation pertaining to
furnishing services under this Agreement shall constitute a material breach of this Agreement.
The Contractor shall keep fully informed of all existing and pending state and national laws and municipal
ordinances and regulations in any manner affecting those engaged or employed in the Work, or in any way
affecting the conduct of tribunals having any jurisdiction or authority over the same. If any discrepancy or
inconsistency is discovered in the Plans, Specifications, or Contract for this work in relation to any such law,
ordinance, regulations, order or decree, Contractor shall forthwith report the same to the Engineer and City in
writing. Contractor shall at all times himself observe and comply with and cause all its agents, subcontractors
and employees to observe and comply with decrees; and shall protect and indemnify the City and Engineer,
their officers, employees and agents against any expense, claim or liability arising from or based upon violation
of any such law, ordinance, regulations, orders or decree, whether by Contractor or its employees.
All building construction work alterations, repairs or mechanical installations and appliances connected
therewith shall comply with the applicable building rules and regulations, restrictions and reservations of
record, local ordinances and such other statutory provisions pertaining to this class of work.
A-53
12.0 MISCELLANEOUS
12.1 ADDRESSES FOR NOTICES
All notices given under or in connection with any of the Contract Documents shall be delivered in person or by
telegraph or email (confirmed) or registered or certified mail to the parties at the address as either party may by
notice designate.
12.2 WRITTEN NOTICE
Written notice shall be considered as served when delivered to the designated representative of the Contractor
and receipt acknowledged or sent by registered mail to the individual, firm, or corporation to the business
address stated in Bid Proposal. Change of Address: It shall be the duty of each party to advise the other parties
to the Contract as to any changes in his business address until completion of the Contract.
12.3 TAXES
Contractor shall pay all sales or other taxes of any type which may be incurred in connection with the Work
hereunder, and shall reimburse the City for any such taxes paid by the City.
12.4 TIME IS OF VITAL IMPORTANCE
It is agreed and understood that time is of vital importance with respect to the completion date for the Work
and all other provisions of the Contract Documents.
12.5 NO WAIVER OF LEGAL RIGHTS
Neither the payment for, nor acceptance of the whole or any part of the Work by the City or representatives of
the City, nor any extension of time, nor the withholding of payments, nor any possession taken by the City, nor
the termination of employment of the Contractor shall operate as a waiver of any portion of the Contract or any
power therein reserved or any right therein reserved or any right therein provided, nor shall the waiver by the
City of any of the Contractor's obligations or duties under this Agreement constitute a waiver of any other
obligation or duty of the Contractor under this Agreement.
12.6 RIGHT TO WORK PRODUCT
No reports, data, programs or other material produced in whole or in part under this Agreement shall be subject
to copyright by the Contractor, in the United States or in any other country. The City or its assigns shall have
the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports,
data, programs or other material prepared under this Agreement. All tracings, plans, specifications, maps,
computer programs and data prepared or obtained under this Agreement shall remain the property of the City.
Any use of any plans and specifications by the City except the use reasonably contemplated by the City at the
time the City entered this Agreement will be at the City s risk and Contractor, its officers, directors and
employees, will be held harmless from such use.
12.7 PUBLIC RECORDS FORM
Contract Name:
Project Descriptil
In accordance with the requirements of Chapter 119 Florida statutes, as amended, the contract between
A -S4
the City of Sebastian and the Contractor shall require the contractor to:
a) Comply with the public records law of the State of Florida, as the same may be amended from
time to time.
b) Keep and maintain public records that ordinarily and neeesswily would be required by the City
in order to perform services, and
C) Provide the public with access to public records on the same terms and conditions that the City
would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law, and
e) Meet all requirements of retaining public records and transfer, at no cost, to the City all public
records in possession of the contractor upon termination of the contact and destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the City in a format that is compatible with the information technology
systems of the City.
f) If Contractor has a questions regarding the application of Chapter 119, Florida Statutes, to the
Contractor's duty to provide public records relating to this contract, contact the Custodian of Public Records at
1-772-388-8212 / e-mail iwilliainWs citvofsebastian.ore City of Sebastian, 1225 Main Street Sebastian, Florida.
Authorized Signature:
Print %\,Y" Title:
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first
above written.
ATTEST:
jkaeue Williams, MMC
CJfy`C1eti-..-
(S-AL)— — —
Approved as to Forigegd Content for
Rgli ce-by the Cit,of Sebastian Only
Robert A. Ginsburg, City Attorney
Signed, sealed and delivered
in the presence of:
NAME
NAME:
THE CITY OF.S ASTIA`N�
By: d"
Name: Joseph Gri
title: City Manager
CONTRACTOR
.�1'1�►ilYL7� �L
1
t1 .1a
LJ—
F F STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
h
CONSTRUCTION INDUSTRY LICENSING
BOARD (850) 487-1395
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
ROSE, TIMOTHY WILLIAM
TIMOTHY ROSE CONTRACTING INC
1360 SW OLD DIXIE HIGHWAY
#106
VERO BEACH FL 32962
Congratulationsl With this license you become one of the nearly
one million Floridians licensed by the Department of Business and
Professional Regulation. Our professionals and businesses range
STATE OF FLORIDA
'#
from architects to yacht brokers, from boxers to barbeque
DEPARTMENT OF BUSINESS AND
restaurants, and they keep Florida's economy strong.
PROFESSIONAL REGULATION
Every day we work to improve the way we do business in order i
CGCO52940 ISSUED: .06/14/2016
to serve you better. For information about our services, please
log onto www.myforidalicense.com. There you can find more
CERTIFIED GENERAL CONTRACTOR
information about our divisions and the regulations that impact
ROSE, TIMOTHY WILLIAM
you, subscribe to department newsletters and learn more about
TIMOTHY ROSE. CONTRACTING INC
the Department's initiatives.
Our mission at the Department is: License Efficiently, Regulate
-
Fairly. We constantly strive to serve you better so that you can
serve your Customers. Thank you for doing business In Florida,
IS CERTIFIED under the provisions of Ch.489 FS.
and congratulations on your new license!
Expiration date: AUG 31, 2018 L1606140001345
DETACH HERE
RICK SCOTT, GOVERNOR
KEN LAWSON. SECRETARY
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
CGCO52940
The GENERAL CONTRACTOR
Named below IS CERTIFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2018
ROSE, TIMOTHY WILLIAM
TIMOTHY ROSE CONTRACTING INC
1360 SW OLD DIXIE HIGHWAY
SUITE 106
VERO BEACH FL 32962
ISSUED: 06/14/2016 DISPLAY AS REQUIRED BY LAW SEQ# L1606140001345
_Z016 FLORIDA PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# S75343
Entity Name: TIMOTHY ROSE CONTRACTING, INC.
Current Principal Place of Business:
1360 OLD DIXIE HWY SW
STE 106
VERO BEACH, FL 32962
Current Mailing Address:
1360 OLD DIXIE HWY SW
STE 106
VERO BEACH, FL 32962 US
FEI Number: 65-0284242
Name and Address of Current Registered Agent
ROSE, TIMOTHY W.
1360 OLD DIXIE HIGHWAY SW
106
VERO BEACH, FL 32962 US
FILED
Jan 04, 2016
Secretary of State
CC8856959051
Certificate of Status Desired: No
The above named enthy submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent
Officer/Director Detail :
Title
P
Name
ROSE, TIMOTHY W.
Address
1360 OLD DIXIE HWY SUITE 106
City -State -Zip:
VERO BEACH FL 32962
Title
TREA
Name
ROSE, LISA A
Address
1360 SW OLD DIXIE HWY #106
City -State -Zip:
VERO BEACH FL 32962
Title
SEC
Name
ROSE,RONALD
Address
1360 SW OLD DIXIE HWY #106
City -State -Zip:
VERO BEACH FL 32962
I hereby certify that the mformelion indicated on this report or supplemental report is 1. and m,amele and that my electronic signature shall have the some legal effect as if made under
oath; that I am an mesa, or direclar of the corporation or the receiver or lrustee empowered to execute this repeal as required by chapter 601, Flodda Slatules; and that my name appears
above, or on an attachment with all other like empowered.
SIGNATURE: TIMOTHY W. ROSE PRESIDENT 01/04/2016
Electronic Signature of Signing Officer/Director Detail Date