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HOME OF PELICAN ISLAND
CERTIFICATE OF PROJECT COMPLETION
Date Accepted: 08/28/17
Project Name & #: Columbariums #A1616
Total Project Expenditures: $ 119,134.43
Project Location: Cemetery
Contractor(s): G & C Fab Con / Capp Custom Builders / MBV / Misc
Contract Amount(s): $ 99,300.00 / $ 8,864.98 / $ 10,500.75 / $ 468.70
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.
Date
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Date
DATE: May 24, 2017
TO:
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SEBASTLAN
HOME OF PELICAN ISLAND
1225 MAIN STREET • SEBASTIAN, FLORIDA 32958
TELEPHONE: (772) 589-5330 • FAX (772) 589-5570
NOTICE TO PROCEED
Cole Patrino
G & C Fab -Con. LLC
5 Foster Lane Building A
Hunterdon Countv
Flemington, NJ 08822
You are hereby notified to commence work on May 25, 2017 per the terms and
conditions of the executed Bid you submitted in the amount of $99,300.00 and the signed
Agreement dated May 25, 2017, for the installation of Columbarium Niches at the Sebastian
Municipal Cemetery. Contract completion time is warranted not to exceed a total of
90 calendar days from the commencement date stated above.
The Project Manager is Tim Walker, Director of Public Works. All substantial
communication pertaining to this project should be directed to him. His phone number is
772-228-7056.
We look forward to working with you on this project
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CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT made this day of 2017, 2017, by and between the CITY OF
SEBASTIAN, a municipal corporation of thel State of IF ornd , 1225 Main Street, Sebastian, Florida,
32958, and ("City") and G&C Fab -Con, LLC, 5 Foster Lane Building A, Hunterdon County, Flemington,
NJ 08822 -("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 Columbarium Niches to
the City of Sebastian's Municipal Cemetery. 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, 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
structures, and standards of materials and construction. It is also intended to include all labor and
materials, equipment, and transportation necessary for the proper execution of the Work, to require new
material and equipment unless otherwise indicated, and to require complete performance of the Work in
spite of omission of specific reference to any minor component part and to include all items necessary for
the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall
be required only to the extent consistent with the Agreement Documents and reasonably inferable from
them as being necessary to produce the intended results.
2.2 ENTIRE AND SOLE AGREEMENT
Except as specifically stated herein, the Agreement Documents constitute the entire agreement between
the parties and supersede all other agreements, representations, warranties, statements, promises, and
understandings not specifically set forth in the Agreement Documents. Neither party has in any way
relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties,
statements, promises or understandings not specifically set forth in the Agreement Documents.
2.3 AMENDMENTS
The parties may modify this Agreement at any time by written agreement. Neither the Agreement
Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an
instrument in writing signed by the party against which enforcement of the change, waiver, discharge or
termination is sought.
2.4 CONSTRUING TERMS
This Agreement shall not be construed against the party who drafted the same, as both parties have
obtained experts of their choosing to review the legal and business adequacy of the same.
2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY
This Agreement shall be governed by the laws of the State of Florida, and any venue for any action
pursuant to the Agreement Documents shall be in Indian River County, Florida. The parties hereto
expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising
hereunder.
2.6 TERM
This Agreement shall commence on the day it is executed by both parties and the term of the Agreement
shall extend until the Project is complete unless terminated in accordance with the terms hereunder.
3.0 DEFINITION OF TERMS
3.1 GENERAL
Whenever the following terms appear in these Agreement Documents, their intent and meaning shall,
unless specifically stated otherwise, be interpreted as shown.
3.2 ACT OF GOD
The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event), tornado or
other cataclysmic phenomenon of nature. Rain, Wind or other natural phenomenon (including tropical
waves and depressions) of normal intensity for the locality shall not be construed as an Act of God
3.3 ADDENDUM (re: bid documents)
A modification of the 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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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 the Owner is intended unless otherwise stated.
3.13 PUBLIC WORKS DIRECTOR
A Professional Public Works Director duly licensed and registered in the State of Florida and designated
by the City as the Public Works Director -of -Record. The City may designate a staff member as Public
Works Director who is not licensed.
3.14 GENERAL CONDITIONS
The directions, provisions and requirements contained within the Agreement Documents, all describing
the general manner of performing the Work including detailed technical requirements relative to labor,
material equipment, and methods by which the Work is to be performed and prescribing the relationship
between the City and the Contractor.
3.15 INSPECTOR
A duly authorized representative of the City assigned to make official inspections of the materials
furnished and of the work performed by the Contractor.
3.16 LABORATORY
Any licensed and qualified independent laboratory designated by, or acceptable to the 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 Public Works Directoring plans, including reproduction thereof, showing the
location, character, dimensions and details of the work to be done. All shop drawings submitted by the
Contractor shall be considered as part of the contract documents.
3.20 PROPOSAL
The proposal or bid is the written offer of a Bidder to perform the work described by the Contract
Documents when made out and submitted on the prescribed proposal form, properly signed and
guaranteed. The proposal or bid shall be considered as part of the contract documents.
3.21 SPECIAL CONDITIONS
Special clauses or provisions, supplemental to the Plans, Standard Specifications and other contract
documents, setting forth conditions varying from or additional to the Standard Specifications for a
specific project.
3.22 SPECIFICATIONS
The directions, provisions, and requirements together with all written agreements made or to be made,
setting forth or relating to the method and manner of performing the Work, or to the quantities and
qualities of materials, labor and equipment to be furnished under the Agreement.
3.23 SUBCONTRACTOR
An individual, partnership or corporation supplying labor, equipment or materials under a direct contract
with the contractor for work on the project site. Included is the one who supplies materials fabricated or
formulated to a special design according to the plans and specifications for the particular project.
3.24 SUPPLEMENTAL AGREEMENT
A written understanding, or proposal and acceptance, executed between the City and the Contractor
subsequent to execution of the Agreement herein with the written consent of the Contractor's Surety,
relating to the work covered by the Agreement and clarifying or finthering 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.
3.27 WORK ORDER
Work orders are work instructions including specifications and plans that show the location, character,
dimensions and details to the work to be done. Work orders are specific instructions, of limited scope,
that will be a part of this contract. Work orders shall be considered as part of the contract documents.
Any Work Orders considered to be Change Orders of any kind shall be in writing and address, at a
minimum, any changes in the scope of work and the related impact on Contract Price / Cost and Time /
Schedule.
ARTICLE II - Performance
4.0 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 City Public Works Director. The City Public Works
Director 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 Public Works Director
when such correction is necessary for the proper fulfillment of their intention as construed by the City
Public Works Director. Where said correction of errors or omissions, except as provided in the next two
(2) paragraphs below, adds to the amount of work to be done by the Contractor, compensation for said
additional work shall be made under the Paragraph 10.7 CHANGES IN THE WORK below, except where
the additional work may be classed under some item of work for which a unit price is included in the
proposal.
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 Public
Works Director 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 Public Works Director 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 Public Works Director 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 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 Public Works Director or htspectors, shall be bome 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 Public
Works Director'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 EOULPMENT AND MATERIALS
hi order to establish standards of quality, the Specifications may refer to certain products by name and
catalog number. This procedure is not to be construed as eliminating from competition other products of
equal or better quality by other manufacturers where fully suitable in design.
The Contractor shall famish to the City a complete list of his proposed desired substitutions prior to the
signing of the Contract, together with such Public Works Directoring 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 OFEQUIPMENT AND/OR MATERIAL below.
The Contractor shall abide by the City's judgment when proposed substitution of materials or items or
equipment are judged to be unacceptable and shall furnish the specified material or item of equipment in
such case. All proposals for substitutions shall be submitted to the City in writing by the Contractor and
not by individual trades or material suppliers. The City will advise of approval or disapproval of proposed
substitutions in writing within a reasonable time. No substitute materials shall be used unless approved
by City in writing.
4.9 EQUIPMENT APPROVAL DATA
The Contractor shall furnish one (1) copy of complete catalog data for every manufactured item of
equipment and all components to be used in the Work, including specific performance data, material
description, rating, capacity, material gauge or thickness, brand name, catalog number and general type.
This submission shall be compiled by the Contractor and submitted to the City for review and written
approval before any of the equipment is ordered. Each data sheet or catalog in the submission shall be
indexed according to specification section and paragraph for easy reference. After written approval is
received by the Contractor, submission shall become a part of the Contract and may not be deviated from
except upon written approval of the City.
Catalog data for equipment approved by the City does not in any case supersede the Contract Documents.
The acceptance by the City shall not relieve the Contractor from responsibility for deviations from 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 furnished fit the space available.
He shall make necessary field measurements to ascertain space requirements, including those for
connections, and shall order such sizes and shapes of equipment that the field installation shall suit the
true intent and meaning of the Plans and Specifications.
Where equipment requiring different arrangement of connections from those shown is approved, it shall
be the responsibility of the Contractor to install the equipment to operate properly, and in harmony with
the intent of the Specifications, and to make all changes in the Work required by the different
arrangement of connections at his own expense.
4.10 SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL
After the execution of the Contract Agreement, the substitution of equipment and/or material for that
specified will be considered if.
(a) The equipment and/or materials proposed for substitution is determined by the City to be
equal or superior to that specified in the Contract;
(b) Unless determined to be of superior quality, the equipment and/or material proposed for
substitution is less expensive than that specified and that such savings to the City, as
proposed by the Contractor, are submitted with the request for substitution. If the
substitution is approved, the Contract price shall be reduced accordingly; and
(c) The equipment and/or material proposed for substitution is readily available and its
delivery and use, if approved as a substitution, will not delay the scheduled start and
completion of the specified work for which it is intended or the scheduled completion of
the entire work to be completed under the contract.
No request will be considered unless submitted in writing to the City and approval by the City must also
be in writing. To receive consideration, requests for substitutions must be accompanied by documentary
proof of the actual difference in cost to the Contractor in the form of quotations to the contractor covering
the original equipment and/or material, and also equipment and/or material proposed for substitution or
other proof satisfactory to the City. It is the intention that the City shall receive the full benefit of the
saving in cost involved in any substitution unless the item is substituted for one designated in the
Specifications by specific manufacturer's name and type, in which case one-third of the savings shall
accrue to the benefit of the Contractor.
In all cases, the burden of proving adequate proof that the equipment and/or material offered for
substitution is equal or superior in construction and/or efficiency to that named in the Contract shall rest
on the Contractor and the proof will be submitted to the City. Request for substitution of equipment
and/or material which the Contractor cannot prove to the satisfaction of the City, at its sole discretion and
judgment, to be equal or superior in construction and/or efficiency to that named in the Contract will not
be approved.
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5.1 MATERIALS FURNISHED BY THE CONTRACTOR
All materials and equipment used in the Work shall meet the requirements of the respective
Specifications, and shall not be used until it has been approved in writing by the City. Wherever the
specifications call for an item of material or equipment by a manufacturer's name and type, and additional
features of the item are specifically required by the specifications, the additional features specified shall
be provided whether or not they are normally included in the standard manufacturer's item listed.
Wherever the specifications call for an item of material or equipment by a manufacturer's name and type,
and the specified item becomes obsolete and is no longer available, the Contractor shall provide a
substitute item of equal or superior quality and performance which is acceptable to the Public Works
Director and City and is currently available, at no increase in Contract price.
5.2 STORAGE OF MATERIALS
Materials and equipment shall be stored so as to incur the preservation of their quality and fitness for the
Work. When considered necessary, they shall be placed on wooden platforms or other hard clean
surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment
shall be located so as to facilitate prompt inspection. Private property zoned for or adjacent to land zoned
for residential uses shall not be utilized for storage purposes without special prior arrangement
5.3 REJECTED WORK AND MATERIAL
Any materials, equipment or work which does not satisfactorily meet the Specifications may be
condemned by the Public Works Director 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 Public Works Director 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 Public Works Director or the City may have
previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the
Contractor fail to remove rejected work or materials within ten (10) days after written notice to do so, the
City may remove them and may store the materials and equipment. Satisfaction of warranty work after
final payment shall be in accordance with Paragraph 10.15.
5.4 MANUFACTURER'S DIRECTION
Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used,
cleaned, and conditioned as directed by the manufacturer unless herein specified to the contrary.
5.5 SKILL AND CHARACTER OF WORKERS
All workers must have sufficient knowledge, skill and experience to perform properly the work assigned
to them. Any supervisor or worker employed by the Contractor or subcontractors who, in the opinion of
the Public Works Director or the City does not perform his work in a skillful manner, or appears to be
incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be
discharged immediately and shall not be employed again in any portion of the Work without the approval
of the City.
The Contractor shall at all times be responsible for the conduct and discipline of its employees and/or any
subcontractor or persons employed by subcontractors.
5.6 CUTTING AND PATCHING
The Contractor shall do all necessary cutting and patching of the Work that may be required to properly
receive the work of the various trades or as required by the Plans and Specifications to complete the
Work. Contractor shall restore all such cut or patched work as directed by the Public Works Director 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 Public Works Director and under Public Works Director's
surveillance.
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The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish
caused by its employees or work. At the completion of the Work, contractor shall remove all rubbish,
tools, scaffolding and surplus materials and shall leave the Work "broom clean" or its equivalent, unless
more exactly specified, and shall insure that all debris and other unsightly objects are removed and
disposed of in a satisfactory manner. At no additional expense to the City, the Contractor will restore to
their original conditions or better, as nearly as practicable, those portions of the site not designated for
alteration and all such property, structure, utilities, landscaping, etc., disturbed or damaged during the
prosecution of the Work. Final payment will be withheld until such clean up and repairs are completed
The Work will be considered complete only after all debris and unused material due to or connected with
the Work have been removed and the surrounding area left in a condition satisfactory to the City. In the
event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after
twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site
cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be
deducted from moneys due the Contractor.
5.8 CITY'S OWNERSHIP OF MATERIALS
Any and all materials, whether structural or natural, found within the limits of the project remain the
property of the City unless City ownership is specifically conveyed to the Contractor. All material,
equipment and work become the sole property of the City as installed. These provisions shall not be
construed as relieving the Contractor from the sole responsibility for all materials and work for which
payments have been made, for the restoration of damaged work, or as a waiver of right of the City to
require the fulfillment of all the terms of the Contract.
5.9 GUARANTEE
The Contractor shall warrant all its material and equipment furnished and work performed for a period of
one (1) year from the date of final written acceptance of the Work by City.
Satisfaction of warranty work after final payment shall be as per Paragraph 10.15. All equipment and
material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to
the Public Works Director 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. EOUIPMENT AND RECORD REOUIREMENTS
Adequate field notes and records shall be available for review by the City and Public Works Director as
the Work progresses and copies shall be available if necessary. Any inspection or checking of the
Contractor's field notes or layout work by the City and the acceptance of all or any part thereof, shall not
relieve the Contractor the responsibility to achieve the lines, grades and dimensions shown in the Plans
and Specifications.
Prior to final acceptance of the project, the Contractor shall mark in a permanent manner on the surface of
the completed Work all control points shown on the Plans.
6.2 CONTROL POINTS FURNISHED BY THE CITY
The City will provide boundary or other control points and bench marks as shown on the Plans as
"Contractor's Survey Control Point", if any is provided. The Contractor shall be responsible for all survey
control of his work during construction. The Contractor shall preserve all reference points and
benchmarks furnished by the City.
6.3 FURNISHING OF STAKE MATERIALS
The Contractor shall furnish all stakes, templates and other materials necessary for establishing and
maintaining the lines and grades necessary for control and construction of the Work. The cost for
surveying and staking shall be included in the various bid items and no additional compensation.
6.4 LAYOUT OF WORK
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 Public Works Director 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 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 of all 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 borne by the Contractor and included in the bid
price. The Contractor shall be responsible for the repair and/or replacement of any damage caused to
utilities by Contractor forces during the course of construction. Utilities deemed to require relocation shall
be identified by the Contractor prior to commencing work. The Contractor shall notice the City of the
conflict and seek direction from the City prior to proceeding with work. Directions from the City may be
to proceed despite conflict, place work order on hold and commence work at a different location, or
relocate utilities under separate contract with the utility or a change order to be directed by the City.
7.0 PROGRESS AND COMPLETION OF WORK
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Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor
shall be solely responsible for and have control over construction means, methods, techniques, sequences
and procedures and for coordinating all portions of the Work under this Contract, unless the Contract
Documents give other specific instructions concerning these matters.
Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor,
materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation,
and other facilities and services necessary for the proper execution and completion of the Work, whether
temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless
otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes.
Contractor shall enforce strict discipline and good order among Contractor's employees and other persons
carrying out the Work. Contractor shall not permit employment of unfit persons or persons not skilled in
tasks assigned to them. Contractor currently holds and shall maintain at all times during the term of this
Contract all required federal, state and local licenses necessary to perform the Work required under the
Contract Documents.
Contractor shall be responsible to the City for the acts and omissions of Contractor's employees,
Subcontractors and their agents and employees, and other persons performing portions of the Work under
a contract with Contractor. Contractor shall indemnify, defend and hold City harmless from all claims
arising out of or related to its performance of the Work except for acts arising solely from the active
negligence of the City.
7.2 START OF CONSTRUCTION
The Contractor shall commence work on the date specified in the Notice to Proceed subsequently issued
by the City, or as specifically noted in any Contract Addendum. However, in no case shall the Contractor
commence work until the City has been furnished and acknowledges receipt of the Contractor's
Certificates of Insurance and a properly executed performance and payment bond as required.
7.3 CONTRACT TIME
The contractor shall complete, in an acceptable manner, all of the Work in the time stated in the Contract
Agreement and any Addenda or Change Orders thereto. 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 Public Works Director in writing.
B. Private Ownershi
Mail and newspaper boxes, sprinkler systems, ornamental shrubs, lawn omaments, 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 construction, the City and Contractor shall cooperate to obtain Temporary
Construction Easements from the landowner.
7.7 PROTECTION OF EXISTING UTILITIES AND FACILITIES
All utilities and all structures of any nature, whether below or above ground, that may be affected by the
Work but are not required to be disturbed or relocated by the very nature of the project, shall be protected
and maintained by the Contractor and shall not be disturbed or damaged by Contractor forces during the
progress of the Work; provided that, should the Contractor disturb, disconnect or damage any utility or
any structure, all expenses of whatever nature arising from such disturbance or the replacement or repair
and testing thereof shall be borne by the Contractor.
7.8 CROSSING PUBLIC FACILITIES
When new construction crosses highways, railroads, streets or similar public facilities under the
jurisdiction of state, county, city, or other public agency or private entity, the City through the Public
Works Director 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.
The City may order changes in the Work through additions, deletions or modifications without
invalidating the Contract; however, any change in the scope of work or substitution of materials shall
require the written approval of the City. Compensation and time of completion affected by the change
shall be adjusted at the time of ordering such change. New and unforeseen items of work found to be
necessary and which cannot be covered by any item or combination of items for which there is a contract
price shall be classed as changes in the Work. The Contractor shall do such changes in the Work and
furnish such materials, labor and equipment as may be required for the proper completion of construction
of the work contemplated. In the absence of such written order, no claim for changes in the Work shall be
considered. Changes in the Work shall be performed in accordance with the Specifications where
applicable and work not covered by the specifications or special provisions shall be done in accordance
with specifications issued for this purpose. Changes in the Work required in an emergency to protect life
and property shall be performed by the Contractor as required.
7.10 EXTENSION OF CONTRACT TIME
No extension of time shall be valid unless given in writing by the City. No monetary compensation shall
be given for such delay.
A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an
extension of time in which to complete the Work as determined by the City provided, however, the
Contractor shall immediately give written notice to the City of the cause of such delay.
"Rain day" extensions shall be granted upon written request of the Contractor to the City's Project
Manager when said Project Manager determines that weather conditions make it counterproductive to
work on said days. "Rain day" requests must be submitted at the end of each work week or be waived,
and the cumulative "rain day" extensions granted shall be processed as a Change Order with each pay
submittal.
In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractor shall be granted
an extension of time to complete the Work for as many calendar days as the Work was suspended; except,
however, that the Contractor will not be granted an extension of time to complete the Work if the
suspension was caused by a fault of the Contractor.
7.11 CORRECTION OF WORK
Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements of the
Contract Documents, whether observed before or after completion of the Work and whether or not
fabricated, installed or completed, and shall correct any Work found to be not in accordance with the
requirements of the Contract Documents within a period of one (1) year from the date of completion of
the Work or by the terms of an applicable special warranty required by the Contract Documents. The
provisions of this Paragraph apply to the Work done by Subcontractors as well as to the Work done by
direct employees of Contractor.
Nothing contained in this Paragraph shall be construed to establish a period of limitation with respect to
other obligations which Contractor might have under the Contract Documents. Establishment of the time
period of one (1) year as described in Subparagraph 7.11(a) above relates only to the specific obligation
of Contractor to correct the Work, and has no effect on the time within which the obligations of the
Contract Documents may be enforced, nor to the time within which proceedings may be commenced to
establish Contractor's liability with respect to Contractor's remaining contractual obligations.
7.12 LIQUIDATED DAMAGES
In the event Contractor violates or fails to perform any provision of the Contract Documents, then the
City may elect to receive, and Contractor agrees to pay, liquidated damages in the amount of three
hundred dollars ($300) per day beyond the agreed completion date. Inspection of the Work by the City
and the subsequent issuance of a notice by the City indicating substantial completion will be the date used
to signify work completion. If completion is beyond the schedule agreed upon, liquidated damages may
be imposed by the City on the Contractor and will be withheld from payment.
It is expressly acknowledged by Contractor that said payment shall not be interpreted nor construed as a
penalty but is in fact a good faith attempt to fix damages which the City will suffer in the event Contractor
fails to perform as required hereunder or violates any provision of the Contract Documents.
8.0 PUBLIC HEALTH AND SAFETY
8.1 PROTECTION OF PERSONS AND PROPERTY
The Contractor shall submit, for the City's approval, a project safety and security plan which describes
the Contractor's plans and procedures to protect the safety and property of property owners, residents, and
passers-by. The plan shall describe measures and precautions to be taken during working hours and non-
working hours.
A. Safety Precautions and 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 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 of Florida Manual of Traffic
Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations
Specifications for Road and Bridge Construction, latest edition shall be used as minimum standards, as
applicable. Further, the Contractor shall carry on the Work in a manner that will cause the least possible
obstruction and interruption in traffic, and the least inconvenience to the general public and the residents
in the vicinity of the work.
8.3 ROAD CLOSURE AND DETOURS
Local traffic shall be maintained within the limits of the Project for the duration of the construction
period. Closing to through travel of more than two (2) consecutive blocks, including the cross street
intersected will not be permitted without specific authorization of the City. No road or street shall be
closed to the public except with the permission of the City and proper governmental authority. When
closing of roads 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 this work will be made, but the cost of providing, erecting and
maintaining such protection devices, including guards, watchmen and/or flagmen as required shall be
considered as included and paid for in the various contract prices of the Work. Warning signs and
barricades shall be in conformance with the State of Florida, Manual of Traffic Control and Safe
Practices for Street and Highway Construction, Maintenance and Utility Operations, latest edition.
The Contractor shall provide and maintain adequate barricades, construction signs, torches, flashers,
guards and flagmen as required in pedestrian and vehicular traffic areas. Regulations of local authorities
shall be compiled with. Advance warning signs are required on all streets where work is being conducted.
Lane closures shall be signed and barricaded or coned as indicated in aforementioned FDOT Index.
Flagmen may be required where traffic and length of lane closure warrant them. Where such a plan is
needed, Contractor shall submit and obtain approval of their traffic control plan by the City.
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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 Public Works Director or the City.
8.7 PLACEMENT OF HEAVY EQUIPMENT
The Contractor shall not leave construction equipment parked in front of or on a residential lot overnight
or on weekends. At the close of work each day, the equipment shall be driven to and stored in a
designated area so that the equipment will not become an "attractive nuisance" to neighborhood children.
All equipment left unattended during the course of working day, such as during lunch hours or work
breaks, shall not be left in a condition or location which would create a safety hazard to the general
public. All keys shall be removed from the machines during those times.
8.8 TEMPORARY FACILITIES AND CONTROLS
The Contractor shall provide controls for sanitary facilities, environmental protection and safety controls
on site acceptable to the Florida Department of Health and Rehabilitative Services, Department of
Environmental Protection, and St. Johns River Water Management District.
8.9 SANITARY PROVISION
The Contractor shall provide and maintain such sanitary accommodations adequate for the use of his
employees and those of his subcontractors, and as may be necessary to comply with the requirements and
regulations of the local and state departments of health. Such facilities shall be made available when the
first employees arrive on site of the Work, shall be properly secluded from public observation, and shall
be constructed and maintained during the progress of the Work in suitable numbers and at such points and
in such mariner as may be required or approved. The Contractor shall maintain the sanitary facilities in a
satisfactory and sanitary condition at all times and shall enforce their use. The City shall have the right to
inspect such facilities at all times to determine whether or not they are being properly and adequately
maintained. Following the period of necessity for such accommodations, they and all evidence affixed
thereto shall be removed.
8.10 WATER AND ELECTRIC SUPPLY
The Contractor shall make all necessary applications and arrangements, and pay all fees and charges for
water and electrical service necessary for the proper completion of the Project up to the time of final
acceptance. The Contractor shall provide and pay for any temporary piping and connections.
8.11 NOISE CONTROL
The Contractor shall provide adequate protection against objectionable noise levels caused by the
operation of construction equipment, and shall submit a plan to the Public Works Director 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 Public
Works Director 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
Public Works Director 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.
ARTICLE III - Supervision and Administration
9.0 PUBLIC WORKS DIRECTOR. CITY. CONTRACTOR RELATIONS
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All work done shall be subject to the construction review of the Public Works Director 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 Public Works
Director who will resolve such questions.
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All claims of a technical nature of the City or Contractor shall be presented to the Public Works Director
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 Public Works Director shall become aware of any condition which may
be cause for suspension of the Work, the Public Works Director 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
Public Works Director and the City. The Public Works Director and the City may appoint inspectors. The
Contractor will be held strictly to the true intent of the Specifications in regard to quality of materials,
workmanship, and the diligent execution of the Contract. Such construction review may include mill,
plant, or shop inspection, and any material furnished under the Specifications is subject to such
inspection. The Public Works Director and the City shall be allowed access to all parts of the Work and
shall be furnished with such information and assistance by the Contractor as is required to make a
complete and detailed review. The City shall not be responsible for the acts or omissions of the
Contractor.
9.5 FIELD TESTS AND PRELIMINARY OPERATION
The Contractor shall perform the work of placing in operation all equipment installed under this Contract,
except as specifically noted hereinafter.
The Contractor shall make adjustments necessary for proper operation.
The Contractor shall provide construction labor required for preliminary operation of the equipment
installed under this Contract.
The Contractor shall notify the City when work is considered to be complete, in operating condition, and
ready for inspection and any testing, if needed. Further inspection requirements may be designated in the
Technical Specifications on the pavement.
The City will conduct tests it deems necessary to determine if the Work functions properly. Arrangements
for testing laboratory services will be made by the City. Payment for testing to show compliance with
specified requirements will be paid for by the City. The cost of retesting when materials and
workmanship fail to meet specified requirements will be deducted from moneys due the Contractor.
9.6 EXAMINATION OF COMPLETED WORK
The City may request an examination of completed work of the Contractor at any time before acceptance
by the City of the Work and shall remove or uncover such portions of the finished work as may be
directed. After examination, the Contractor shall restore said portions of the Work to the standard
required by the Specifications. Should the work thus exposed or examined prove acceptable, the
uncovering or removing and the replacing of the covering or making good of the parts removed shall be
paid for as extra work, but should the work so exposed or examined prove unacceptable, the uncovering,
removing and replacing shall be at the Contractor's expense.
9.7 CONTRACTOR'S SUPERINTENDENT
A qualified superintendent, who is acceptable to the City, shall be maintained on the project and give
sufficient supervision to the Work until its completion. The superintendent shall have full authority to act
on behalf of the Contractor, and all communications given to the superintendent shall be considered given
to the Contractor. In general, such communications shall be confirmed in writing and always upon written
request from the Contractor.
9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES
Upon failure of the contractor to perform the work in accordance with the Contract Documents, including
any requirements with respect to the Schedule of Completion, and after five (5) days written notice to the
Contractor, the City may, without prejudice to any other remedy he may have, correct such deficiencies.
The Contractor shall be charged all costs incurred to correct deficiencies.
9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK
In the event of any default by the Contractor, the City shall have the right to immediately terminate the
Contract upon issuance of written notice of termination to the Contractor stating the cause for such action.
This Agreement may be terminated by the City without cause provided at least thirty (30) days written
notice of such termination shall be given to the Contractor. In the event of termination, the City may take
possession of the Work and of all materials, tools and equipment thereon and may finish the Work by
whatever method and means it may select.
It shall be considered a default by the Contractor whenever Contractor shall:
(a) Declare bankruptcy, become insolvent or assign his assets for the benefit of his creditors.
(b) Disregard or violate the provisions of the Contract Documents or City's written
instructions, or fail to prosecute the Work according to the agreed schedule of completion
including extensions thereof.
(c) Fail to provide a qualified superintendent, competent workmen or subcontractors, or
proper materials, or fail to make prompt payment for same.
9.10 RIGHTS OF VARIOUS 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 of other contractors has
been satisfactorily completed to receive related work. It shall be the responsibility of the Contractor to
inspect the completed work in place and report to the Public Works Director 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 Public Works
Director 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 Public Works
Director and City of the emergency as soon as practicable, but shall not wait for instructions before
proceeding to properly protect both life and property.
9.14 ORAL AGREEMENTS
No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms
or obligations contained in any of the Contract Documents, and none of the provisions of the Contract
Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a
definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any
proceeding of any other waiver or modification.
9.15 NIGHT, SATURDAY AND/OR SUNDAY WORK
No night or Saturday and Sunday work will be permitted, except in case of emergency, or with prior
approval from City, and then only to such extent as is absolutely necessary to protect life or property. This
clause shall not pertain to crews organized to perform restoration work which needs no verifying
inspection, maintenance work on equipment, or to operate and maintain special equipment such as
dewatering pumps which may be required to work 24 hours per day. All such night, Saturday and/or
Sunday work must be authorized by the City.
9.16 UNAUTHORIZED WORK
Work done without lines and grades having been established, work done without proper inspection, or
any changes made or extra work done without written authority will be done at the Contractor's risk and
will be considered unauthorized, and, at the option of the City, may not be measured and paid for.
9.17 USE OF COMPLETED PORTIONS OF THE WORK
The City shall have the right to use, occupy, or place into operation any portion of the Work that has been
completed sufficiently to permit safe use, occupancy, or operation, as determined by the Public Works
Director. 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 deterniined by the Public
Works Director. 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 Public Works
Director and the City, it shall be used as the basis for all requests for payment
10.2 REOUEST FOR PAYMENT
The Contractor may submit to the City not more than once each month a request for payment for work
completed. Where applicable, the Contractor may choose to submit a request for payment at the
substantial completion of each work order. The City may elect to provide its own form for the Contractor
to submit progress payment requests. The standard form provided by the City, or a form presented by the
Contractor having received prior approval from the City, can be used for the submittal of a progress
payment.
The Contractor shall furnish the Public Works Director and the City all reasonable facilities required for
obtaining the necessary information relative to the progress and execution of the Work. In addition to
each month's invoice, an updated project schedule shall be submitted.
Each request for payment shall be computed from the work completed to date on all items listed in the
detailed breakdown of the contract amount less previous payments and back charges. Progress payments
on account of Unit Price Work will be based on the number of units completed at the time the payment
request was dated by the Contractor. If payment is requested on the basis of materials and equipment not
incorporated in the project but delivered and suitably stored at the site or at another location agreed to in
writing, the payment request shall also be accompanied by a bill of sale, invoice or other documentation
warranty that the City has received the materials and equipment free and clear of all liens, charges,
security interests and encumbrances, all of which shall be satisfactory to the City. No payments shall be
made for materials stored on site without approval of the City.
An amount of 10% of each monthly pay request shall be retained until final completion and written
acceptance of the Work by the City. Payment of the retainage shall be included in the Contractor's final
pay request in accordance with Paragraph 10.14. Any deviation in the release or partial release of the 10%
retainage shall be at the sole discretion of the City, but in no case earlier than completion of the Public
Works D'irector's "punch list inspection".
Any request for payment shall be accompanied by claim releases for work done or materials famished in
accordance with Paragraph 10.13.
Prior to submission of any request for payment by the Contractor, the Public Works Director shall review
the request for payment to determine the following:
(a) That the work covered by the request for payment has been completed in accordance with
the intent of the Plans and Specifications.
(b) That the quantities of work have been completed as stated in the request for payment,
whether for a unit price contract or for payment on a lump -sum contract.
10.3 CITY'S ACTION ON A REQUEST FOR PAYMENT
Within thirty (30) days from the date of receipt of a request for payment the City shall do one of the
following:
(a) Approve and pay the request for payment as submitted.
(b) Approve and pay such other amount of the request for payment in accordance with
Paragraph 10.4 as the City shall decide is due the Contractor, informing the Contractor in
writing of the reasons for paying the amended amount.
(c) Disapprove the request for payment in accordance with Paragraph 10.4 informing the
Contractor in writing of the reasons for withholding payment.
10.4 CITY'S RIGHT TO WITHHOLD PAYMENT OF A REQUEST FOR PAYMENT
The City may withhold payment in whole or in part on a request for payment to the extent necessary for
any of the following reasons:
(a) Work not performed but included in the request for payment, or the contract Price has
been reduced by written change order.
(b) Work covered by the request for payment which is not in accordance with the Plans,
Specifications and generally accepted construction practices, including if, in the opinion of
the City, there is sufficient evidence that the Work has not been satisfactorily completed,
or based upon tests and/or inspections the work is defective or has been damaged
requiring correction or replacement.
(c) In the event of a filing of a claim or lien, or information received by City of a
potential filing of a claim or lien against the Contractor or City.
(d) Failure of the Contractor to make payments to subcontractors, material suppliers
or labor.
(e) Damage to another contractor.
(f) The City has had to correct a defect in the Work, or there are other items entitling
the City to a set-off against the amount recommended.
(g) Default of any of the provisions of the Contract Documents.
10.5 PAYMENT FOR UNCORRECTED WORK
Should the City direct, in writing, the Contractor not to correct work that has been damaged or that was
not performed in accordance with the Contract Documents, an equitable deduction from the contract
amount shall be made to compensate the City for the uncorrected work.
10.6 PAYMENT FOR REJECTED WORK AND MATERIALS
The removal of work and materials rejected under Paragraph 5.3 and the re-execution of work by the
Contractor shall be at the expense of the Contractor and the Contractor shall pay the cost of replacing the
destroyed or damaged work of other contractors by the removal of the rejected work or materials and the
subsequent re-execution of that work. In the event that City incurs expenses related thereto, Contractor
shall pay for the same within thirty (30) days after written notice to pay is given by the City. If the
Contractor does not pay the expenses of such removal, after ten (10) days written notice being given by
the City of its intent to sell the materials, the City may sell the materials and shall pay to the Contractor
the net proceeds 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 furnished by the
Public Works Director. All Change Orders shall address the impact of the change on both Contract Price
/ Cost and Contract Time / Schedule.
Compensation to be paid to the Contractor for accomplishing the work of a Change Order shall be
established in one of the following ways:
(a) By lump sum proposed by the Contractor and accepted by the City.
(b) By unit prices established and agreed to.
(c) By unit prices established for additional kinds of work.
(d) By other methods as may be mutually agreed upon.
(e) By force account wherein the Contractor provides the labor and materials at Contractor's
direct cost plus 15% for overhead and profit. When the force account method is used, the
Contractor shall provide full and complete records of all costs for review by the City.
B. Claims
Claims arising from changes or revisions made by the Contractor at the City's request shall be presented
to the City before work starts on the changes or revisions. If the Contractor deems that extra
compensation is due for work not covered herein, or in Supplemental Agreement, the Contractor shall
notify the City in writing of its intention to make claim for extra compensation before work begins on
which the claim is based. If such notification is not given and the City is not afforded by the Contractor a
method acceptable to the City for keeping strict account of actual cost, then the Contractor hereby waives
its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not
notified as described above. The Contractor may refuse to perform additional work requested by the City
until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that
the City has kept account of the costs as aforesaid shall not in any way be construed as proving the
validity of the claim.
10.8 CANCELED ITEMS OF WORK
The City shall have the right to cancel those portions of the contract relating to the construction of any
item provided therein. Such cancellation, when ordered by the City in writing, shall entitle the Contractor
to the payment of a fair and equitable amount covering all costs incurred by 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 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 Public Works Director, 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 Public
Works Director that the Work has been completed in accordance with the terms of the Contract
Documents, the Public Works Director shall certify completion of the Work to the City. At that time, the
Contractor may submit the Contractor's final request for payment. The Contractor's final request for
payment shall be the contract amount plus all approved written additions less all approved written
deductions and less previous payments made. As a condition for Final payment, a Contractor's Final
Affidavit must be received by the City along with his Final Payment Request and any as -built drawings
which may be required. The Contractor shall furnish full and final releases of Claim for labor, materials
and equipment incurred in connection with the Work, following which the City will release the Contractor
except as to the conditions of the performance bond, any legal rights of the City, required guarantees and
satisfaction of all warranty work, and shall authorize payment of the Contractor's final request for
payment.
10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT
The making of the final payment by the City to the Contractor shall not relieve the Contractor of
responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty materials
and workmanship and the Contractor shall promptly replace any such defects discovered within one (1)
year from the date of final written acceptance of the Work by the City.
11.0 PUBLIC CONTRACT REQUIREMENTS
11.1 COVENANT AGAINST CONTINGENT FEES
The Contractor wan -ants 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 CRIMES,
stating whether a person or affiliate as defined in Section 287.133 (1) Florida Statutes, has been
convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of said
statute.
11.6 DRUG-FREE WORKPLACE
The Agreement documents also include the "Drug -Free Workplace Form" which is in accordance with
Florida Statute 287.089 and must be signed and instituted.
11.7 COMPLIANCE WITH LAWS
Contractor shall comply with all applicable federal laws that in any way regulate or impact the Work,
including, but not limited to, The Clean Air Act (42 USC §7506(c)), The Endangered Species Act (16
USC §1531, et seq.), Executive Order No. 11593, Executive Order No. 11988, Executive Order No.
11990, The Fish and Wildlife Coordination Act (PL 85-624), The Safe Water Drinking Act Section
1424(e) (PL 93-523, as amended), The Wild and Scenic Rivers Act (PL 90-542, as amended), The
Demonstration Cities and Metropolitan Development Act of 1966 (PL 89-754), Section 306 of The Clean
Air Act, Section 508 of The Clean Water Act, Executive Order No. 11738, The Civil Rights Act of 1964
(PL 88-352), The Age Discrimination Act (PL 94-135), Section 13 of The Federal Water Pollution
Control Act (PL 92-500), Executive Order No. 11246, Executive Order No. 11625, Executive Order No.
12138, Executive Order No. 12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and
Health Act and applicable regulations, and the Americans with Disabilities Act (PL 101-336).
11.8 INSURANCE
The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and
maintain said insurance during the life of this agreement:
(a) Workers' Compensation - Contractor shall purchase workers' compensation
insurance as required by law.
(b) Commercial General Liabilitv - Contractor shall purchase Commercial General Liability
insurance with a combined single limit of at least $1,000,000.
(c) Commercial Auto Liabilitv - Contractor shall purchase Commercial Auto Liability
insurance with a combined single limit of at least $1,000,000.
Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations under
Paragraph 9.18 for the Work paid for by the City but not yet accepted.
The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Contractor
and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent
to cancel or terminate said insurance. It is the full responsibility of the contractor to insure that all sub-
contractors have full insurance coverage as stated above.
The Contractor shall not commence the Work under this contract until Contractor has obtained all the
insurance required under this paragraph and certificates of such insurance have been submitted to the
City, nor shall the Contractor allow any subcontractor to commence work on a subcontract until all
insurance required has been so obtained and approved by the City. The Contractor shall carry and
maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect
Contractor and any subcontractor performing work under this Contract, or the City, from all claims and
Liability for damages for bodily injury, including accidental death, under this Contract, whether by
Contractor or by any subcontractor or by any one directly or indirectly employed by either of them.
The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance,
naming the City as an additional insured party, prior to the start of construction as provided in the
Contract.
11.9 BOND (Reauired
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 Public Works Director 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 Public Works Director 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 Public Works Director, their officers, employees and agents
against any expense, claim or liability arising from or based upon violation of any such law, ordinance,
regulations, orders or decree, whether by Contractor or its employees.
All building construction work alterations, repairs or mechanical installations and appliances connected
therewith shall comply with the applicable building rules and regulations, restrictions and reservations of
record, local ordinances and such other statutory provisions pertaining to this class of work.
11.11.1 GENERAL INDEMINIFCIATION
For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Contractor shall and does hereby indemnify, hold harmless and defend the City of
Sebastian, its officers, agents, officials, representatives and employees against any and all liability, loss,
cost, damages, expenses, claim or actions, or whatever type, including but not limited to attorney's fees
and suit costs, for trial and appeal which the City of Sebastian, its officers, officials, agents, official
representatives or employees or any other person(s) or business entity(ies) who may hereafter sustain,
incur or be required to pay, arising wholly or in part due to any act or omission of Contractor, its agent(s),
vendors, sub-Contractor(s), representatives, servants, or employees in the execution, performance or
nonperformance or failure to adequately perform Contractor's obligations pursuant to this contract.
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 there in 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 Description:
In accordance with the requirements of Chapter 119 Florida statutes, as amended, the contract
between 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 necessarily 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 JWILLIAMSa.CITYOFSEBASTIAN.ORG CITY OF
SEBASTIAN, 1225 MAIN STREET SE ST LOR DA. r
AUTHORIZED SIGNATURE: DATE:
fI SrPRINT 1L : ��cl"
COMPANY/FIRM:
C- -F�-G'j
IN WITNESS WHEREOF, the parties hereto have
first above written.
/-4 CI -
these
these presents to be executed, the day and year
ATTEST: THE CITY AS6STIAN
WAi�R.+r By: �--,
J nettcNv'illiwns,,vIMC Name: AsGriffin
City Clerk title: City Manager
(SEAL)
Approved as to Form and Content for
Reliance by the City of Sebastian Only
7-
Robert A. Ginsburg, Cit Attorney
CONTRACTOR
Name/arr�ie�s
carer Griffith, MD
Title: President
BID 17-08
CEMETERY COLUMBARIUM NICHES
Bid Due: No Later Than 2:00 P.M. on April 12, 2017
Bid Opening: Beginning at 2:00 P.M. on April 12.2017
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.
Cemetery Columbarium Niches Quantity Units
Unit Price
Fee
1. Mobilization 1 LS
16'020
i 6, 010
2. Columbarium Niches 1 LS
65 ,,z 1?0
B3, 1rs-
Total Bid
5 q: 3"0
G&C Fab -Con, LLC
Nameof Firth (Please Type or Print):
5 Foster Lane Building A Hunterdon County Flemington, NJ 08822-7226
Firm's Address:
(908) 782-526 (908) 782-0188
jim.griffith@gandcfabcon.com
Telephone Number(s): Fax Numbet(s):
Email Address (es):
James arter 2f Tth, MD, President
Name o Title of thorized Representative lease Type or Print)
/ 4/4/2017
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CERTIFICATE OF DESIGNATION OF
REGISTERED AGENUREGISTERED OFFICE
PURSUANT TO THE PROVISIONS OF SECTION 605.0113 or 605.0902 (1Xd), FLORIDA
STATUTES, THE UNDERSIGNED LIMITED LIABILITY COMPANY SUBMITS THE
FOLLOWING STATEMENT TO DESIGNATE A REGISTERED OFFICE AND REGISTERED
AGENT 1N THE STATE OF FLORIDA.
The name of the Limited Liability Company is:
G&C FAB -CON LLC
If unavailable, the alternate to be used in the state of Florida is:
t
2. The name and the Florida street address of the registered agent and office are:
Edwin F. Blanton
(Name)
610 Summerbrooke Drive
Florida Street Address (P.O. Box NOT ACCEPTABLE)
Tallahassee. FL 32312
City/State/Zip
Having been named as registered agent and to accept service of process for the above stated limited
liability company at the place designated in this certificate, 1 hereby accept the appointment as
registered agent and agree to act in this capacity. I further agree to comply with the provisions of all
statutes relating to the proper and complete performance of my duties, and I am familiar with and
accept the obligations of my position as registered agent as provided for in Chapter 605, Florida
Statutes.
$ 100.00 Filing Fee for Application
$ 25.00 Designation of Registered Agent
$ 30.00 Certified Copy (optional)
S 5.00 Certificate of Status (optional)
Name:
James Carter Griffith
Richard E. Creter
Richard K. Creter
Matthew T. Creter
�1LF�
G&C FAB -CON List of embers LC 2��.y 0C•T -8 PP, 3. 12
"tLAHAcSrc`,'' ''A
Address:
5 Foster Lane, Building A, Flemington, NJ 08822
5 Foster Lane, Building A, Flemington, N1 08822
5 Foster Lane, Building A, Flemington, NJ 08822
5 Foster Lane, Building A, Flemington, NJ 08822
James Carter Griffith, MD, COL (USAR Retired)
From: CClass@treas.state.nj.us
Sent: Tuesday, May 26, 2015 8:26 AM
To: James Carter Griffith, MD, COL (USAR Retired)
Subject: Notice of Classification
G&C FAB -CON LLC
5 FOSTER LANE - BLDG A
FLEMINGTON, NJ 08822
State of New Jersey
DEPARTMENT OF THE TREASURY
DIVISION OF PROPERTY MANAGEMENT AND
CONSTRUCTION
33 WEST STATE STREET - P.O. BOX 034
DP1IC
TRENTON, NEW JERSEY 08625-0034 �
NOTICE OF CLASSIFICATION
In accordance with N.J.S.A. 18AA SA -27 et seq (Department of Education) and N.J.S.A. 52:35-1 (Department of the
Treasury) and any rules and regulations issued pursuant hereto, you are hereby notified of your classification to do State
work for the Department (s) as previously noted.
Aggregate
Amount
Trade(s) & Liceuse(s)
Effective
Date
Expiration
Date
$15,000,000
C008 -GENERAL CONSTRUCTION
OS/29t2015
05/282017
Licenses associated with certain trades are on file with the Division of Property Management
& Construction (DPMC).
Current license information must be verified prior to bid award.
A copy of the DPMC 701 Form (Total Amount of Uncompleted Projects) may be accessed
from the DPMC website at hqp://www.state.nj.us/treasury/dpmc/Assets/Files/domc-
27 03 07.odf
ANY ATTEMPT BY A CONTRACTOR TO ALTER OR MISREPRESENT ANY INFORMATION CONTAINED IN
THIS FORM MAY RESULT IN PROSECUTION AND/OR DEBARMENT, SUSPENSION OR
DISQUALIFICATION. INFORMATION ON AGGREGATE AMOUNTS CAN BE VERIFIED ON THE DPMC WEB
SITE.
STATE OF NEW JERSEY
DEPARTMENT OF THE TREASUR Y
DIVISION OF REVENUE AND ENTERPRISE SERVICES
SHORT FORM STANDING
G&C FAB -CON LLC
0600149708
1, the Treasurer of the State of New Jersey, do hereby certify that the
above-named New Jersey Domestic Limited Liability Company was
registered by this office on October 6, 2005.
As of'the date of this certificate, said business continues as an active
business in good standing in the State of New Jersey, and its Annual
Reports are current.
1 further certify that the registered agent and registered office are:
James Carter Griffith
5 Foster Lane
Flemington, NJ 08822
Certification# 133671023
IN TESTIMONY WHEREOF I haw
hereamto set my hand and af/%red my
Oficial Seal at Trenton, this
261h day of September, 2014
Andrew P Sidamon-Eristo fl'
State Treasurer
Verify this cenificate at
https://wwwl.store.nj.usJTY7R_sLandingCeNISP/Verify_Cen jsp
Page I of I
Certificate Number
652162
State of New Jersey
Registration Date: 05/22/2015
Expiration Date: 05/21/2017
Department of Labor and Workforce Development
Division of Wage and Hour Compliance
Public Works Contractor Registration Act
Pursuant to N.J.S.A. 34:11-56.48, et seq. of the Public Works Contractor Registration Act, this certificate of registration is issued
for purposes of bidding on any contract for public work or for engaging in the performance of any public work to:
Responsible Representative(s):
Matthew T. Creter, Member
Richard K. Creter, Member
Richard E. Creter, Member
James Griffith, Managing Member
4te-4/ A Ik
Harold J. Wirths, Commissioner
Department of Labor and Workforce Development
Responsible Representative(s):
This certificate may not be transferred or assigned
and -may be revoked for cause by the Commissioner
NON TRANSFERABLE of Labor,and Workforce Development.
that
does:
DRUG FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies
Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy
of maintaining a drug free workplace, any available drug counseling, rehabilitation,
employee assistance programs and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a condition of
working on the commodities or contractual services that the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace no later than five
(5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, by any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug free workplace through
implementation of Paragraph 1 through 5.
As the person authorized to sign this statement, I certify that this firm complies fully
with the above requirements.
Date: 4/4/2017
gnature:
PUBLIC ENTITY CRIMES FORM
Any person submitting a quote, bid, or proposal in response to this invitation or
Agreement, must execute the enclosed form swom 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)(0,
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.
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.
17-08 for THE CITY OF SEBASTIAN.
2. This sworn statement is submitted by G&C Fab -Con, LLC
5 Foster Lane Building A Flemington, NJ 08822-7226 (name o
sworn
whose business
its Federal Employer Identification (FEIN) is
no FEIN, include the Social Security Number of the individual
statement:
f
entity submitting
address is
and (if applicable)
_ (If the entity has
signing this sworn
3. My name is James Carter Griffith, MD President (please print name of
individual signing) and my relationship to the entity named above is
4. I understand that a "public entity crime" as defined in Paragraph 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)(6),
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 a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
7. I understand that a "person" as defined in Paragraph 287.133(I)(e), Florida Statutes.
means any natural person or entity organized under the laws of any state or of the United
States with the legal power to enter into a binding Agreement and which bids or applies
to bid on Agreements for the provision of goods or services let by a public entity, or
which otherwise transacts or applies to transact business with a public entity. The term
"person" includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in management of an entity.
8. Based on information and belief, the statement which I have marked below is true in
relation to the entity submitting this sworn statement. (Please indicate which statement
applies.)
X Neither the entity submitting this sworn statement, nor any officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in
management of the entity, nor any affiliate of the entity have been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
X 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.)
X The person or affiliate has not been placed on the convicted vendor list. (Please
describe any action taken by or pendi=withAheentof General Services.)
(Signature)
ate: 4/4/2017
STATE OF FLORIDA
COUNTY OF
The foregoing
2017 by
or has oroducz
was acknowledged before me this
day of ,
(title) on behalf of
(name of partnership), a partnership. He/she is personally known to me
as identification and did ( ) did not ( ) take an oath.
My Commission Expires:
Commission Number:
California Acknowledgment Form
P]Oil Golden State Notarn. Inc w.r`v Somry net 158811A3 -1Y II
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached. and not the truthfulness. accuracy. or validity of that document.
State of Ca�lifor ' Ss.
County of� cey/ }
/ I
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On2"Z tefore me,le
e insert ame and Utl or the otTcer)
personally appeared W_
who proved to me on th asis of satisfactory evidence to be the personp) whose name subscribed
to the within instrument and acknowledged to me th�eh s, Executed the same i is 9r/tbeir au-
thorized capacityjj , and that by bef/th6ifr signature(,sron the instrument the person(, , or the entity
upon behalf of which the perso%*-acted, executed the instrument.
:i
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
Seal WITNESS my hand an offi ial seal.
G�
_ °"• KAREN CATANIO Sig ature of Notary
Comm. N 2094301
Vl it R NOTARY PUBLIC -CALIFORNIA U ,
PLACER COUNTY
r.wF" my Comm, Exp. OECD^ 0, 7plg}
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Optional Information
To help prevent fraud it is recommended that you provide information about the attached document below.
/*- This isnot required underCalifomt State runany public law's•
Document Title ��'�"�"�a�es: 3
Notes
P]Oil Golden State Notarn. Inc w.r`v Somry net 158811A3 -1Y II
0-AIADocument A310 -2010
CONTRACTOR:
G & C Fab -Con, LLC
5 Foster Lane
Flemington, NJ 08822
OWNER:
City of Sebastian
1225 Main SL
Sebastian, FL 32958
BOND AMOUNT: Five Percent of Amount Bid (5%)
PROJECT: Bid No 17-08; Cemetery Columbarium Niches
SURETY:
Everest Reinsurance Company
477 Martinsville Rd.
Liberty Corner, NJ 07938
The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves,
their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the
Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and
Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as
may be specified in the bidding or Contract Documents, with a Surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,
for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof, or (2) pays to the
Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may
in good: faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full
force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may
accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance
of bids specified in the bid documents, and the Owner and Contractor shall obtain Surety's consent for an extension beyond sixty (60) days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in his Bond shall be deemed to be Subcontractor and
the tens Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond
conflicting with said statutory or legal requirement shalt be deemed deleted herefrom and provisions conforming to such statutory or other legal
requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a
common law bond.
Signed and sealed this 12th day of April . 2017
(Witness)
(Witness) Brian S O'Neill
G & C Fab -Con, LLC (Contractor)
Richard E. Creter, Vice President
Everest Reinsurance Comnanv (Sure
Steven G Ra tto ey-in-Fact
EVE R ESC,
POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY
DELAWARE
ESO19R10O29
KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware
("Company") having its principal office located at 477 Martinsville Road, Liberty Corner, New Jersey 07938, do hereby nominate,
constitute, and appoint:
Steven G. Raffuel, Cecelia D. Brown
its true and lawful Attorneys) -in -fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed,
where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed
UNLIMITED, reserving for itself the full power of substitution and revocation.
Such bonds and undertakings, when duly executed by the aforesaid Attomey(s)-in-fact shall be binding upon the Company as fully and to
the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its
corporate seal. -
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board
of Directors of Company ("Board") on the 28th day of July 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are
hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds,
undertakings, contracts or obligations in surety or co -surety with others and that the Secretary or any Assistant Secretary of the Company
be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in
surety or co -surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony
Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on
behalf of the Company, bonds and undertakings in surety or co -surety with others, and that the Secretary or any Assistant Secretary of
the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto
the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the
Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or
certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any
bond, undertaking, contract or obligation in surety or co -surety with others to which it is attached.
IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto, and these presents to
be signed by their duly authorized officers this 28th day of July 2016.
F.,
SEAL
1973
'1tAWA0,
Attest. Kevin Helewa, Secretary
Everest Reinsurance Company
By: Anthony Romano, Vice President
On this 28th day of July 2016, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above
instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was
affixed thereto; and that he executed said instrument by like order.
LINDA BOISSELLE
Notary Public, State of New York
No 01806239736
Qualified in Queens County
Tenn Expires April 25, 2019
Linda, Boisselle, Notary Public
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the Liberty Comer, this 1 2 th day
of April 2015.
ES 00 01 04 16
EVEREST REINSURANCE COMPANY
STATEMENTS OF FINANCIAL CONDITION
ASSETS
Bonds
Stocks
Short-term Investments
Other invested assets
Cash and cash equivalents
Accounts receivable -premium balances
Reinsurance recoverable
Other assets
Total Assets
LIABILITIES
Loss and loss adjustment expense reserve
Unearned premium reserve
Ceded reinsurance premium payable (net of ceding commission)
Reserve for commissions, taxes and other liabilities
Total Liabilities
SURPLUS AND OTHER FUNDS
Common capital stock
Contributed Surplus
Unassigned surplus
Total capital and surplus
Total Liabilities and Surplus
December 31,
2016
2015
$ 4,758,879,245 $
4,434,295,332
279,147,599
229,920,031
133,755,171
285,110,099
2,268,609,528
2,491,699,181
217,717,016
83,378,558
1,503,187,815
1,320,329,172
709,386,205
778,618,773
354,146,316
356,288,893
$ 10,224,828,895 $
9,979,640,039
$ 4,204,956,587
536,374,512
904,844,063
943,532,424
$ 6,589,707,586
$ 10,000,000
987,239,852
2,637,881,457
$ 3,635,121,309
$ 10,224,828,895
Bonds and stacks are valued an a basis promulgated by the National Association of Insurance Commissloners
16th day of March 2017
LORRAINE N. DAY
NOTARY PUBLIC
STATE OF NEW JERSEY
COMMISSION # 2259023
MY COMMISSION EXPIRES AUG. 3, 2020
$ 4,177,403,008
581,335,453
1,242,819,232
767,191,387
$ 6,768,749,080
$ 10,000,000
974,988,997
2,225,901,962
$ 3,210,890,959
$ 9,979,640,039