HomeMy WebLinkAbout2003 - Florida Bulb & Ballast ContractCAY oi'
K
HOME OF PELICAN ELM
GENERAL SERVICES ADMINISTR-ATOR
(.4 DBI SION OF THE OFFICE OF THE CITY MANAGER)
122- MAIN STREET - SEBASTIAN. FLORIDA 3298
TELEPHONE (772) 388 - 8241 FAX (772-581-0149
NOTICE TO PROCEED
LAKE HARDEE PARK LIGHTING PROJECT
DATE: January 17, 2003
TO: Michael J. Hoffman, Owner
Florida Bulb & Ballast
1617 Cooling Street
Melboume, Florida 32935
You are hereby notified to commence work on February 17, 2003, per the
terms and conditions of the executed Bid you submitted in the amount of $17,740,
and the signed Agreement dated January 17, 2003, entitled Lake Hardee Park
Lighting Services Agreement. Contract completion time was warranted not to
exceed 14 consecutive calendar days from the commencement date stated above.
The Project Manager is Chris McCarthy, Parks & Maintenance
Superintendent All substantial communication pertaining to this project should be
directed to him. His phone number is 772-388-841.1.
We look forward to working with you on this project.
Paul Wagner, G feral Services Administrator
Cc: Terrence Moore
David Fisher
Tent' Hill
Chris McCarthy
Jesus Vieiro
CITY OF SEBASTIAN - BID PROPOSALS
HARDEE PARK LIGHTING - NOVEMBER 2002
BID PROPOSAL PRICE FORM
The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein, the project
site and the location conditions, and time schedule affecting the work, hereby proposes to perform everything required to
be performed in strict conformity with the requirements of these documents, and to provide and furnish all the
supervision, labor, materials, tools and equipment necessary to provide the services meeting or exceeding the
specifications as set forth herein for the price(s) quoted below. The price(s) quoted is(are) inclusive of any Addenda
which may be issued.
By the signature below, the Contractor 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 Contractor 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.
LUMP SUM PRICE ............................... $ 1 �', 7 • DO
-T
AWARD SHALL BE MADE TO THE BIDDER THAT SUBMITTS THE LOWEST LUMP SUM PRICE PROVIDING THAT THE BIDDER IS
BOTH RENSPOSIVE AND RESPONSIBLE.
NOTE: CONTRACTOR WARRANTS TOTAL CONTRACT COMPLETION TIME SHALL NOT EXCEED _� CONSECUTIVE
CALENDAR DAYS.
Au or 7z Signature
e
0,DPDA SUU& 3 8,4i.1. -Asir
Firm Name & Address
611 C.00wwla St9-F.E7
WL&OR�3E� Fi. 32935
MIC+IA& <}. i DFFMAQ
Printed Name
Ow 9.16
Title
Phone Number
Date Signed J — /0'&&-
LAKE HARDEE PARK LIGHTING C(DPY
SERVICES AGREEMENT
THIS AGREEMENT made this/7 � of January, 2003, by and between the
CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main
Street, Sebastian, Florida, 32958, ("City") and FLORIDA BULB & BALLAST, INC.
1617 Cooling Street, Melbourne, Florida, 32935, ("Contractor"), sets forth that
WHEREAS, the City desires to engage a Contractor who has special and unique
competence and experience in electrical construction and lighting; 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 the requirements of law; and
WHEREAS, the City and the Contractor desire to reduce to writing their
understanding and agreements on such;
IT IS, THEREFORE, AGREED as follows:
1. 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.
2. AGREEMENT DOCUMENTS. The Agreement Documents (also
called CONTRACT DOCUMENTS) consist of this Agreement, Supplemental
Agreement(s), the Bid Documents, Technical Specifications including Site Plan,
Contractor's Bid Proposal with all related Documents and Drawings, 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.
(a) Intent. The Technical Specifications are an integrated part of the
Contract Documents and as such will not stand alone if used independently. These
documents establish minimum design standards of quality for this Project. They do not
purport to cover any details entering into the design and construction of materials or
equipment. The intent of the Agreement Documents is to set forth requirements of
performance, type of equipment and structures, and standards of materials and
construction. It is also intended to include all labor and materials, equipment, tools 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.
(b) 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.
(c) 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.
(d) 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.
3. 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 as required for the electrical construction and lighting, in accordance with the
Agreement Documents for the project.
4. TECHNICAL SPECIFICATIONS AND RELATED DATA - The intent of
the Technical Specifications, and other Agreement 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 Contract Documents and all incidental work
2
considered necessary to complete the Work entirely ready for use, occupancy, or
operation in a manner acceptable to the City.
Any discrepancies found between the Contract Documents and site conditions, or
any errors or omissions in the Contract Documents, shall be immediately reported to the
City. The City 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 Contract Documents may be made by
the City when such correction is necessary for the proper fulfillment of their intention as
construed by City. Where said correction of errors or omissions, except as provided in the
next paragraph below, adds to the amount of work to be done by the Contractor,
compensation for said additional work shall be negotiated between the parties and must
be issued as a written change order before any such additional work is performed or no
additional compensation shall be made.
The fact that specific mention of any part of work is omitted in the Contract
Documents, whether intentionally or otherwise, when the same are usually and
customarily required to complete fully such work as is specified herein, will not entitle
the Contractor to consideration in the matter of any claim for extra compensation, but the
said work must be installed or done the same as if called for by the Contract Documents.
All work and material usual and necessary to make the Work complete in all its parts,
whether or not they are indicated or mentioned in the Technical Specifications, shall be
furnished and executed the same as if they were called for by the same. The Contractor
will not be allowed to take advantage of any errors or omissions in the Technical
Specifications. The City will provide full information when errors or omissions are
discovered.
5. COMPENSATION. The City will pay the Contractor the LUMP SUM
AMOUNT of S 111140. 06 for performance of the Work hereunder.
Payment shall be made for all Work completed by the Contractor during each calendar
month which has been accepted by the City and has been properly documented. Payments
shall not be made for Work deemed incomplete or deficient by the City. At the end of
3
each month, the Contractor shall submit an invoice with the supporting documentation of
all work completed and accepted by the City for that month to the Finance Department
and payment of the approved invoice amount less 10% retainage shall be made within
thirty (3 0) days of receipt.
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 a 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.
6. RELEASES. When it is determined, as a result of a joint inspection of the
Work by the Contractor and City that the Work has been completed in accordance with
the terms of the Contract Documents, the completion of the Work shall be certified by the
City. At that time, the Contractor may submit the Contractor's final request for payment.
Prior to final payment? the Contractor shall execute and deliver to the City a Contractor's
Affidavit and Release of Claim for all claims against the City arising under or by virtue
of the work order. 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.
7. PROJECT SCHEDULES The Contractor shall perform the services outlined
under Paragraph 3 of this Agreement in a timely manner consistent with the assignment
schedules as mutually agreed upon by the City and the Contractor. Completion of the
4
Proj ect shall be achieved within calendar days of the Notice of Commencement.
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 when the City 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.
The City shall have the authority to suspend the Work wholly or in part, for such
periods as may be deemed necessary end for whatever cause, by serving written notice of
suspension to the Contractor. In the event that the Contractor or the City* shall become
aware of any condition that may be cause for suspension of the Work, they shall
immediately advise the concerned parties of such condition. The Contractor shall not
suspend operations under the provisions of this Paragraph without the City's permission.
In the event that the City suspends the Work, the Contractor shall be granted an extension
of time to complete the Work for as many calendar days as the Work was suspended;
except 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.
S. TERMINATION OF CONTRACT WITHOUT CAUSE. This Agreement may
be terminated by the City with or without cause provided at least five (5) days written
notice of such termination shall be given to the Contractor. In the event the City without
cause abandons, terminates or suspends this Agreement for greater than thirty days, the
Contractor shall be compensated for services rendered up to the time of such termination
on a quantum meruit basis and any work done by the Contractor shall remain the property
of the City.
9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All
work done shall be subject to the construction review of the City. Any and all technical
questions which may arise as to the quality and acceptability of materials furnished, work
P,
performed, or work to be performed, interpretation of Technical Specifications and all
technical questions as to the acceptable fulfillment of the Contract on the part of the
Contractor shall be referred to the Project Manager who will resolve such questions.
All materials and each part or detail of the Work shall be subject at all times to
construction review by. the City. Such construction review may include mill, plant, or
shop inspection, and any material furnished under the Technical Specifications is subject
to such inspection. The City shall be allowed access to all parts of the Work and shall be
furnished with such information and assistance by the 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.
10. CONTRACTOR'S DUTY. 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 hold and maintain at all times during the term of this Contract all
required federal, state and local licenses necessary to perform the Work required under
the Contract Documents.
11. PERSONNEL. The Contractor represents that it will secure at its own
expense all personnel and sub -Contractors required for services which are necessary to
complete the Work as described in this Agreement. All services under this Agreement
shall be performed by the Contractor or sub -Contractor and all persons engaged in work
under the Agreement shall be qualified to perform such services and authorized under
6
federal, state and local laws to perform such services. Personnel who perform services
under this Agreement shall not be employees of the City.
All workers must have sufficient knowledge, skill and experience to perform
properly the work assigned to them. Any worker, including supervisors, employed by the
Contractor or subcontractors who, in the opinion of the City does not perform work under
this Agreement 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
his employees and/or any subcontractor or persons employed by subcontractors.
12. PROTECTION OF PERSONS AND PROPERTY. 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.
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, structures and utilities not designated for removal, relocation or replacement
in the course of construction.
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, the
7
Contractor shall notify the City of the emergency as soon as practicable, but shall not
wait for instructions before proceeding to properly protect both life and property.
The Contractor shall be held fully responsible for such safety and protection until
final written acceptance of the Work.
13. 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.
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.
14. CLEANING UP. The Contractor shall at all times keep the premises free
from accumulation of waste materials or rubbish caused by his employees or work. At the
completion of the Work, he shall remove all his rubbish, tools, scaffolding and surplus
materials and shall leave his work "broom clean" or its equivalent, unless more exactly
specified, and shall insure that all debris and other unsightly objects are removed and
disposed of in a satisfactory manner. At no additional expense to the City, the Contractor
will restore to their original conditions• or better, as nearly as practicable, those portions
of the site not designated for alteration and all such property, 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
8
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.
15. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not
assign any interest in this Agreement and shall not transfer any interest in the same
without the prior written consent of the City. Any sub -contracts or other work which is
performed by persons or firms other than the Contractor under this Agreement or any
work orders shall have prior written approval of the City. Any subcontracts or outside
associates or Contractors required by the Contractor in connection with services covered
by this Agreement must be specifically approved by the City.
16. INDEMNIFICATION. For other and additional good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the
Contractor shall 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, of 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, officials 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, subcontractor(s),
representatives, servants, or employees in the execution, performance or nonperformance
or failure to adequately perform contractor's obligations pursuant to this contract.
17. INTERESTS OF CITY OFFICIALS. No officers, members or employees
of the City and no members of its governing body, and no other public official of the
governing body of the locality or localities in which services for the facilities are situated
or carried out, who exercises any functions or responsibilities in the review or approval of
the undertaking or carrying out of this project, shall participate in any decision relating to
this Agreement which affects his personal interest, or have any personal or pecuniary
interest, direct or indirect, in this Agreement or the proceeds thereof.
18. 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
9
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, =endment 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 any FDOT Joint
Participation Agreement, the undersigned shall complete and submit Standard Form -LLL
"Disclosure Form to Report Lobbying" in accordance with its instructions.
19. CONFLICT OF IIITEREST. The Contractor covenants that he presently
has no interest and shall not acquire any interest, direct or indirect, which shall conflict in
any manner or degree with the performance of services required to be performed under
this Agreement. The Contractor further covenants that in the performance of this
Agreement, no person having any such interest shall be employed. The Contractor shall
not undertake any professional work which conflicts with his 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.
20. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply
with all known laws and regulations relating to providing services under this Agreement.
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.
21. WAIVER. The waiver by the City of any of the Contractor's obligations
or duties under this Agreement shall not constitute a waiver of any other obligation or
duty of the Contractor under this Agreement.
10
22. PUBLIC ENTITY CRR%AE The Contractor shall file a sworn statement
with the City which is Attachment I, 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 Section 287.133 of the
Florida Statutes.
23. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants
that he has not employed or retained any company or person, other than a bona fide
employee working solely for the Contractor to solicit or secure this Agreement and that
he has not paid or agreed to pay any person, company, corporation, individual or firm,
other than a bona fide employee working solely for the Contractor any fee, commission,
percentage, gift or any other consideration contingent upon or resulting from the award or
making of 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.
24. DRUG-FREE WORKPLACE. The contract documents also consist of
the "Drug -Free Workplace Form" which is in accordance with Florida Statute 287.089
and must be signed.
25. GOVERNING LAW. This Agreement shall be governed by the laws of
the State of Florida and 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.
26. LIQUIDATED DAMAGES. If the Contractor fails to perform the Work
in accordance with the Agreement, the City shall hold all the payments requested for
deficient Work. The City will not pay the Contractor for unsatisfactory performance. If
the City determines it is necessary to accomplish the work with its own resources or hire
a third party to perform work that was neglected or done poorly - by the primary
Contractor, the City may charge back or deduct incurred costs from monies due to the
primary Contractor.
The Contractor acknowledges that due to the nature of the Work under this
Agreement, time is of the essence. The Contractor also acknowledges the difficulties
11
involved in proving the actual losses suffered by the City should the scheduled work not
be completed on time.
Accordingly, at the option of the City, in lieu of providing such proof to
the Contractor, the City may impose liquidated damages for deficiencies and delays (but
not as penalty) of one hpndred dollars ($100.00) per day for each calendar day exceeding
the number of days indicated by Clause 7, PROJECT SCHEDULE of this Agreement
(including extensions approved by written change orders). This amount represents an
estimate of the City's damages for aesthetic and efficiency loss. to its citizens' and
administrative costs associated with the deficiencies and delays.
27. BOND. None required for the projects under this Agreement.
28. CONSTRUING PROVISIONS. 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. In any conflict between
the Technical Specifications, and the general terms of this Agreement, the provisions of
the latter shall prevail.
29. INSURANCE. The Contractor agrees to carry insurance, of the types and
subject to the limits as set forth below and maintain said insurance during the life of this
agreement:
(a) Workers' Compensation - Contractor shall purchase workers'
compensation insurance as required by law.
(b) Commercial General Liability - Contractor shall purchase Commercial
General Liability insurance with a combined single limit of at least
$17000,000.
(c) Commercial Auto Liability - Contractor shall purchase Commercial Auto
Liability insurance with a combined single limit of at least $1,000,000.
Further, Contractor shall maintain such insurance as is reasonably required to satisfy its
obligations to protect 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 (3 0) days written notice of their intent to cancel or- terminate said insurance. It is
12
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 he 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 his 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 him 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 himself 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.
30. GUARANTEE. The Contractor shall warrant all equipment furnished and
work performed by him for a period of one (1) year from the date of final written
acceptance of the Work by City. All equipment and material warranties or guarantees
shall be drawn in favor of the City and the originals thereof furnished to the City for
review and acceptance prior to final payment.
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.
Any materials, equipment or work which do not satisfactorily meet the Technical
Specifications, Contract Documents may be condemned by the City by giving a written
notice to the Contractor. All condemned materials, equipment or work shall be promptly
taken out and replaced. 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 City may have previously overlooked
13
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 (14) days after written
notice to do so, the City may remove them and may store the materials and equipment.
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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first above written.
ATTEST (SEAL): THE CM, -OF SEBASTIAN
. i $ g'
Sally A. M o, CMC Terrence oore, City Manager
City Cle
Approved as to form and legality for
reliance by the City of Sebastian only:
L.
Rich Stringer, _. ity Attorney
Signed, sealed and delivered
in the presence of:
Name:
�� /� • 1 " ��Cat1� �Q.�
Name: A111
rXd-
Sf�annon �i►mdnd
I OT
. , .
pa
1"
By: y"
OF
Name: m chi -t.L� �l _ 1A91 --
Title:
14
RON
rRocucsrR
1: 'o srah K. Ru1fo
1.
T �7yal.itl .l .ZLT. Ste #2
.iLJ'J 1
..•,, , ,. �, ; 32x35
P.?
:. ISSUE DAIG (M 'fiDlvvti
P t i/�•
itia�t•Y,b r ,t�y� a:C .yy?r •.rt t��• la f� • 7� i i .� � .�.
THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMA ON NLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. T141S ERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
COMPANIES AFFORDING COVERAGE
�ctLYre
s2,00D3Cm.
PRODUCTS. -30 iPlUP AG3.
S2)(m,MCI -
COMPANY
LETTcR
A
- 1 artfOrd
_. . .......... __..... _. _.
_ ......_......._.._ .......... LEERY
13 AUBtate
INSURE'1
MED. EXPENSE IAjW one Person) 8
_....._
Fl 1-H., irla Bilb BaUmt) I=
COMPANY
'C Mm H3rffc)H
1617' L -001h -i; S-UP—at
LETTFR
JC,C�i
X
e1tam-.x.735
NrY
COMPANY
,
LETTER
COMPANY E
LEVER
>. l.rty'1 •i f•SNSJ•},dS�,;Git`�~r Sr fi:4:..� j �i���2'•''.77.':-fi-
iCOVERAGES:'.:' ...:... #h;..4.a:.. ter...,
THIS 13 TO CERTIr'� I HAT THE a'.^•LICIES OF INSURANCE USTED SELOW HAVE BEEN ISSUED TO HE INSURED NAMED ABOVE FOR THE POLICY GER:OC
i tN �ICaTED, '�137W fhS' ANOit113 ANY REQUIREMENT. TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUME14T WITH RESPECT TO WH!CH TH"S'
CEA'IFICATE MAY BE iSSUED OR h4AY PERTAIN. THE INSURANCE AFFOROED BY THE POLIL:I%S DESCRIBED HEREIN IS SUBJECT 1`0 ALL 7HE TEEM
-X:.LI:S•ONS AND CONDITIONS OF St_ICH PL:LICIES. LIMITS SHOWN MAY HAVE DEEM REDUCSD BY PAID CLAIMS.
P '"P2 :)• INSURANCE
CaZilt IAL LIABILITY
CCI %4ERCI'1L GENERAL LIABILITY
t
s •CL.AIMA MADE OCCUR
.1 OWNkI! S 6 f,-ONTRACTOR'S rAOT.
POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION - LIMITS
DATE (MMIODrYY) DATE (MM1cOlYY)
M -SM -0 4/2C/=
4/210MC6
0611CRALAG43AEGATE
s2,00D3Cm.
PRODUCTS. -30 iPlUP AG3.
S2)(m,MCI -
PERSONAL & AoV. NJURY
sl.tcxtmo-
EACh accunAENCF-
s1,f
=IRE DAMAGE ;Arty ,3110 fltA)
yQYd�.
t 5G,COU.
MED. EXPENSE IAjW one Person) 8
AUTOMOBILE LIASILITI CcM91NED SINGLE
LIMIT
j ANN AUTC'
1
ALL OIVNE:C AUTOS
t //YyY��, / 1 / !Y SLIMLY INJURY y
4/�I2JJ�iG 4/ C1.! ^AAJLt3 (Per pe!son)
7/Y rYY 1
1cc,o
SC:I'EOULEC A:ITO$ 64955ML7
.
.l.
h!REZ AUTOS
6aGiLY INJURY 3
(Par accidenl;
Jw•L,C.�. i
NON-OVIMED AUTOS
i,ARAG E LABILIT"
PROPERTY DAMAGE S
JC,C�i
EACH OCCURRENCE S
EXCESS L ABILITY
S
' J.MSRE_LA FORM
AGORCGATE
OTi=P THAN UMBRELLA FORM
� STATUTORY LIMITS
I
WORKER'S COMPENSATION
EACH ACCIDENT S
AND 01 [yEc K-\=
t4/01/= .4/CL/= �I3EA3E POLICY LiWrT S
J�LC'W.
EMPLOYERS* LIABILITY
D;SEASE—EACH EMPLUYLt S
3.C1O,_(M-
OTHER
j
1
.DESCRIPT;OV OFOPERAT1ONSILOCATIONSIYEFISCLE5ISPECIAI ITEMS
I
t
'CERTIFICATE HOLDER
CANCELLATIONS
`
LiLj% of Sebastian
SHOULD ANY OF THE ABOVE OESCRISEO POL:cIFS BE CANCELLED
HE �
BEFORE 'HE—
:1,2,25 mAln 5t.
EXPIRA,T,1014 DA'E THEREOF. IHE ISSUING COMPANY WILL
CNCEAVOR TO ;
'Sebastian-, FL. 32958
)
MAIL _� DAYS v4RlrTCN NOTICE TO THE CC�TIFICAT6 HOLDER NAMED TO TSF
LEFT. BUT FAILURE TO MAIL 3UCH NOTICE SHALL IIt4POSP NO
OULIGAiCN �P
LIABILITY OF ANY KING UPON THE COMPANY, ITS A13E'VTS OR REPRESENTATIVES.
!
AUTHORIZW-FtZ RESENTATIVE , /'1 n
QACORD CORPORATION 1900
STATE OF FLORIDA AC# 0 5 5- 5 7 4 9'
DEPARTMENT OF BUSINESS AND
PROFESSIONAL -REGULATION
ET0000296 08/28/02 200070391
SPECIALTY -ELECTRICAL CONTRACTOR
HOFFMAN, MICHAEL J
FLORIDA LI'GHTING'SERVICES, INC
,(INDIVIDUAL MUST MEET ALL LOCAL
LICENSING REQUIREMENTS PRIOR
TO CONTRACTING IN'ANY AREA)
HAS REGISTERED under the provisions of Ch.4 8 9 Fs
Expirationdate: AUG 31, 2004 SEQ #L02082803093
CITY OF MELBOURNE OCCUPATIONAL LICENSE -
7.
�f
, : , } r�y� i� ..+ � � , � #• S tir.,m. a ��' 2.„��g �^v�: ,�fyy+• f � -
•'6�V t7 � it � � '^-�`R�-`�� �'�' Y t „f wft' F�:s ,��15 [t�K��"al.hSa s' e<. s�,;s r S t
Ref ere n c e 'Nbr.
i t :,.i I 4'.e� - b i .Nt•. _sr£r i1` Di+N 1
+_.. � 4is
, s ..�,� x
Business n ,{ �, �,•z �� r ax y��t ;� i ,73,, x
ams ' FI,RIDlCB LBr w
T �rN Lf�L.�T'3��'..�r"Cq _"�,-e kL l• fi'..jS.b ,rs'C. s �"i'e..zf a rT -'A
j'^ a .rt
s.+ qa ,t. °''F•>.+°
. >r. ,:+ t „t`.. t5. �•> r?_.., it•' yy.,,w s 4:yye�" : fi' ai%9GstP st-sP )Y : arY t''7` �i i�ti•Y;q '13 7 •j.� } « +v,: si. r r 1 'S >.
Phone number YBttY Yti x5 i+.S l rc ±�� i�x tX rJ6 5
�La �3s yt ��' �.ii •,„ '.•� ! 'i t�j�ii>^'•C . i ,� P J. r sem' i ,. r` s s s a v� a�frt't� r * � r`aZi rc : �' r ,� s
Location adcir
•- .,, x Y i,;. -
Classification ; F
2003 - 6160 MERCHANT/WHOLESALE. $175.00
2003 - 6160 MERCHANT/WHOLESALE $p;.pp
Issue Date: 10/01/2002 Total License Fee $175.00
Exp Date: 09/30/2003 Penalty
$0.00
Total:
Applicant/Qualifier
Comments/Restrictions:
f
FLORIDA BULB AND BALLAST
� � � r�-.r }�.zi ��, t . , i � +• ti, za ,;_ + Y �' ,��r k j � e r L -' y YF a i f i
1617 COOLINGST
<.E < `"4 �. ;.}�'` 't`,�.3+3� e L rf .: q. ��.. � .shpt„ � f:X Cw''a•1 :° ,ff. •w �`.<°M'' r
a r �'r�,'+ u d �,� ji. !!. � � � . ::t �-f �d S i,i�•r.,�-i,�'.• 1"rt: � x s
� ' t xs ✓fit � C ,z�..lt � r• e'� '� : •,+� �s � rf �� -� tg � a C �.
MELBOURNE FL 32935 } HteiJa S ^A Af y.c a,ca `M1i yi ��yr� :fir �s
' �y a� a .f� ar ' �. - .. �e M��n •� � -i f �«e n i t,
-. .+ ..'< �-.:�� ! �' ..! F Yrs^. uv- - � R ����r<}}..c�...?'•%�4'r slii t'.
a�C���t, ,i3r
LICENSE MUST BE CONSPICUOUSLY DISPLAYED TO PUBLIC VIEVII AT BUSINESS LOCATION
ROD NORTHCUTT Tax Collector. Brevard County.
2002-2003 BREVARD COUNTY Tltuavllle, Florida 3�7BO
OCCUPATIONAL LICENSE
t)�`' tI 9t3
SUBJECT TO COUNTY ZONING RESTRICTIONS ACCOUNT NUMBER EXPIRES SEPTEMBER 30, 2003
LICENSE PERIOD OCTOBER 1, 2002 - SEPTEMBER 30, 2003 ISSUED PURSUANT AND SUBJECT TO FLORIDA STATUTES AND BREVARD COUNTY ORDINANCES, ISSUANCE DOES NOT CERTIFY
LICENSE SHOULD BE DISPLAYED ON PREMISES COMPLIANCE W" ZONING OR OTHER LAWS. THIS LICENSE MUST BE POSTED CONSPICUOUSLY IN PLACE OF BUSINESS.
STATUTE DESCRIPTION AMOUNT
THE PERSON(S), OR ENTITY BELOW:j ? W'Hf1 L C :-'b A L = f j�j l
:J3 L1CLNSAMT. .J�.r_LJ
I
FL
IS LICENSED AS INDICATED FOR
THE FOLLOWING LOCATION:
AMOUNT DUE ON THIS TRANSACTION: $
OWNED BY:
• RCT. �(:J.M DA7rl: A;,TCF? AM[. ?,a L;
V j Ci t`� I (`t ;� r' 0 -v 7 f� j tJ i 2 12
• i J
t+. T i_
UPON A CHANGE OF OWNERSHIP OR LOCATION,
LICENSE SHOULD BE TRANSFERRED WITHIN 30 DAYS. NOTIFY TAX COLLECTOR UPON CLOSING OF BUSINESS.
.. � w : . y
y.�.. - - - rS "�'•-t �. A�?-'�t;�k ,,'�'k� fi l�'i. J,�'C�aiita• r•.;;:;b r� ! i
2QO2'2003 6REVARD COUNTY ROD Collector, Brevard County,
NReRTT�HCU �T80
OCCUPATIONAL- LICENSE;-��,,�- .3U�!, .f : ' `
SUB,lECTTO COUNTY ZONING RESTRICTIONS ACCOUNTNUMBER:EXPIRES SEPfiEMBER 30, 2003 `
LICENSE PERIOD OCTOBER 1, 2002 -SEPTEMBER 30, 2003
LICENSE SHOULD BE DISPLAYED ON PREMISES
ISSUED PURSUANT AND SUBJECT70 FLORIDA STATUTES AND BREVARD COUNTY ORDINANCES, ISSUANCE DOES NOT CERTIFY • .
COMPLIANCE WITH ZONING OR OTHER LAWS. THIS LICENSE MUST BE POSTED CONSPICUOUSLY IN PLACE OF BUSINESS.
STATUTE DESCRIPTION AMOUNT
THE PERSON(S), OR ENTITY BELOW:
-, . y
47488, PRODUCT--- �
INSTALL N/NON- BLDG
FLORIDA LIGHTING
G' G '`00 Uc�a LICENSE... F
'— �E:' AMT. 5."� _
SERVICES INC
1617 COOLING AV
,
MELBOURNE FL
�
:2935 c f
IS LICENSED AS INDICATED FOR
THE FOLLOWING LOCATION:
P67
1617 COOLING AV '
!" I E L BOURNE
AMOUNT DUE ON THIS TRANSACTION: s
OWNED BY:
"
1=L0RIDA LIGHTING EERVICEE
RCT . NUI"t -DATE BATCH AMT....: PAID
INC
0:ORP� ORATION (PRIVATE)
4229 1' x:0020816' 4063
UPON A CHANGE OF OWNERSHIP OR LOCATION,
LICENSE SHOULD BE TRANSFERRED WITHIN 30 DAYS. NOTIFY TAX COLLECTOR UPON CLOSING OF BUSINESS.
LICENSE MUST BE CONSP.ICU0
DRUG-FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087 hereby
certifies that FLp%4 QA &AA ' F 1t..LA&r does:
1. Publish .a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the -workplace and specifying the actions that will be taken
against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the
business' policy of maintaining a drug-free workplace, any available drug
counseling, rehabilitation, employee assistance programs and the penalties
that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual
services 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:
Contract6r
15
PUBLIC ENTITY CRUKES
Any person submitting a quote, bid, or proposal in response to this invitation or a
contract, must execute the enclosed form PUR. 7069, sworn statement under section
287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRR\4ES, 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 contract, 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
contracting 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 contract for goods or services to
be provided to any public entity or with an agency or political subdivision and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
By law no public entity shall accept any bid from, award any contract to, or transact any
business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
category two with any person or affiliate on the convicted vendor list . for a period of 36 months
from the date that person or affiliate was placed on the convicted vendor list unless that person or
affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes.
Therefore, effective October 1, 1990, prior to entering into a contract (formal contract or
purchase order in excess of the threshold amount) to provide goods or services to THE CITY
OF SEBASTIAN, a person shall file a sworn statement with the contracting officer or
Purchasing Director, as applicable. The attached statement or affidavit will be the form to be
utilized and must be properly signed in the presence of a notary public or other officer authorized
to 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 TffiS DOCUMENT MAY NECESSITATE REJECTION OF YOUR
QUOTE OR BID.
16
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUJTES, ON PUBLIC ENTITY CREMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICER AUTHORIZED TO ADNM41STER OATHS.
1. This sworn statement is submitted with the Lake Hardee Park Lighting Services
Agreement for TIE CITY OF SEBASTIAN.
�.j
2. This sworn statement is submitted by FLOM DA R -x ;. 6ALLAST
whose business address is Ito 11 C OM4 W2 STA T. MEL&dwc, R.-, and
(if applicable) its Federal Employer Identification (FEIN) is Sq- 30Z?20oS
3. My name is MIC.t-IAFL 41 �6FFMAW (please print name of individual
signing) and my relationship to the entity named above is
OWNER
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 contract for goods or services to be provided to any public entity or
an agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, ' bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
5. I understand that "convicted" or "conviction" as defined in Paragraph
287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity
crime, with or without an adjudication of guilt, in any federal or state trial court of record
relating to charges brought by indictment or information after July 1, 1989, as a result of
a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.13 3 (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.
17
7. I understand that a "person" as defined in Paragraph 287.13 3 (1)(e), Florida
Statutes, means any natural person or entity organized under the laws of any state or of
the United States with the legal power to enter into a binding contract and which bids or
applies to bid on contracts for the provision of goods or services let by a public entity, or
which otherwise transacts or applies to transact business with a public entity. The term
"person" includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in management of an entity.
8. Based on information and belief, the statement which I have marked below is true
in relation to the entity submitting this sworn statement. (Please indicate which statement
applies.)
Neither the entity submitting this sworn statement, nor any officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in
management of the entity, nor any affiliate of the entity have been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers,
directors, executives, partners, shareholders, employees, members or agents who are
active in management of the entity, or an affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate
which additional statement applies.)
There has been a proceeding concerning the conviction before a hearing officer
of the State of Florida, Division of Administrative Hearings. The final order entered by
the hearing officer did not place the person or affiliate on the convicted vendor list.
(Please attach a copy of the final order.)
The person or affiliate was placed on the convicted vendor list. There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The fmal order entered by the hearing officer determined that it
was in the public interest to remove the person or affiliate from the convicted vendor list.
(Please attach a copy of the final order.)
The person or affiliate has not been placed on the convicted vendor list. (Please
describe any action taken by or pending with the Department of General Services.)
(i tune)
Date: b5XM f3M ID, 2 -bo Z
18
STATE OF FLORIDA
COUNTY oF�c�., G. -Ca
e oKegoing ' ent acknowledged before me this J&day of C�C�
2002 by (title) on behalf of
. He/she is personally known to me or has produced
as identification and did {) did not () take an oath.
(Notary Signature)
Pabida KW=
Name: e z�
My Commission Expires: MEV E*m9 J r 28.2W5
Commission Number:
19
FLORIDA
BULB & BALLAST, 114C.
svc:� 1617 COOLING AVE.
uctMELBOURNE, FL 32935
(321) 259-7882 FAX (321) 259-8145
WATTS: (800) 344 -BULB
BILL TO:
CITY OF SEBASTIAN ff
Ad
1225 MAIN ST
SEBASTIAN, FL 32958
INVOICE
INVOICE N0. 379762
CUSTOMER NO.
CITSEB
SHIP TO:
14ARDEE PARK
30 BARBER. ST
Sebastian, FL 32958 (1
APR I e; 2003
Interest of 1.5% per month (18% per annum) will be charged on all invoices over 30 days.
2rank.you
1
CITY OF SEBASTIAN
ATTENTION: FINANCE DEPARTMENT
1225 Main Street
Sebastian, Florida 32958
• Tel: (561) 589-5330 Fax: (561) 589-5570
VENDOR:
PURCHASE 00003929_00 FY 20 (3
ORDER# Page Number: 1
IMPORTANT
PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING
NOTICES, BILLS OF LADING, PACKAGES, PACKING LISTS,
INVOICES, FREIGHT BILLS AND CORRESPONDENCE CONCERNING
THIS ORDER.
TAX EXEMPT # 41-04-012831-54C
o r x a Sui and Ballast, Inc a 1 ty 0
1617 Cooling Street Attn: Parks and Recreation
100 Veterans Memorial Way
Melbourne, FL 32935 Sebastian, FL
32958
0
ff PhI01%N-0P@ice BELOW ARE NOT CORRECT CALL PURCHASING AGENT AND DELAY FURTHER ACTION
PENDING ADVICE.
:; r'.:. -_ -: BY ACC92TING THIS ORDER, SELLEEAGREES 'Q THF LI.6WA,., T 4 L CC AM('
1. ACCEPTANCE OF PURCHASE ORDER. A Purchase Order is given for irnmediate acceptance by the Seller. Unless promptly r1btified to the
contrary, the City will assume the Seller accepts the order as written and will make delivery as specified on document.
2. ENTIRE AGREEMENT. All specifications, drawings, and data submitted to the Seller with this order or the solicitation of this order are hereby
incorporated herein and made part hereof. This contract contains the entire agreement of the parties. No change in quantities prices, specifica-
tions, terms, or shipping instructions will be allowed except on written authority of the City Purchasing Department. Any additional or different
terms and conditions proposed by Seller are objected to and hereby rejected unless specifically agreed to by the City.
3. INDEMNIFICATION. The Seller hereby agrees to indemnify, save, and hold harmless the City from all claims, demands, liabilities, and suits of
any nature whatsoever arising out of, because of, or due to the breach of the Agreement by the Seller, its agents or employees, or due to any
act or occurrence of omission or commission of the Seller, its agents or employees. It is specifically understood and agreed that this indemnifi-
cation agreement does not cover or indemnify the City for its own negligence or breach of contract.
4. MODiFiCATIO�t:'T e City, may 6y'written''0'rder, make changes in the speciffcaiiohs if such changes are.within il�egeneral scope of the
"Gohtrai.�t 1f such changes<ci�use,an i6cr-ease or decrease in the Seller's costs or in the time�ireqult6d fat perfo riance-of1he Contract: (a) the
sell.ershali:prompb5pnotify:the-Cdy.:arid assert its clam for adjustment within fifteen (15) calendar days and (b) an equitable adjustment shall be
made by the City and tl�le,Controct r- poified,accordingly. Nothing in this clause shall excuse:#he Seller,fmm per#orming�
5. DEFAULT. Time is of the essence of this contract and if delivery of acceptable items or rendering of services is not completed by the time
promised, the City reserves the right without liability in addition to its other rights and remedies, to terminate this contract by notice effective
when received by Seller, as to stated items not yet shipped or services not yet rendered, and to purchase`sudM tute ifeirts or.servrces elsewhere
and charge the Seller with any and all losses incurred.
6. TRANSPORTATION CHARGES. Transportation expenses for all shipments shall be prepaid to destination. Shipments sent C.O.D. or freight
collect without the City's written consent will not be accepted and will at Sellers risk and expense be returned to Seller. No charges will be
allowed by the:0ity for.trarispoitatibn packing, cartage or containers unless otherwise authorized in thwl?. urdm a Order.I * ; .
7. UNAVOIDABLE DELAY. if the Seller is delayed in the delivery of goods purchased under the Purchase Order by a cause beyond its control,
Seller must immediately upon receiving knowledge of such delay, give written notice to the City and request a reasonable extension of time. The
City shall examine the request and determine if the Seller is entitle to an extension.
8. QUANTITY. Quantities furnished in excess of those specified in the Purchase Oroermillnot 4-aggqpted;and will be held.at:,Seller's risk and
expense. : -- -
9. INSPECTION. Materials or equipment purchased are subject to inspection t hd approval at-the�ity's destination: The cify'reserves the right to
reject and refuse acceptance of items which are not in accordance with JheJnstructions,: specifieatioris,.:drawin js, :br: data of Sellers warranty
(express or implied). Rejected materials or equipment shall be removed by, or at the expense of, the Seiler promptly after reJeLtian.
10. WARRANTY. The Seller warrants that all goods and services furnished hereunder will conform in all respects to;` the terms of this order,
including any drawings, specifications, or standards incorporated herein, and that they will be free from latent and patent defects in materials,
workmanship and title and will be free from such defects in-desigtn to addition Seller warrants that-said'goods,and services are suitable for, and
will perform in accordance with, the purpose for which they are purchased, fabricated, manufactured and designed or for such other purposes
as are; expressly specified in this order. The City may return any nonconforming or defective items to the Seller or require correction or
7epiacement of the item at the time the defect is discovered, all at the Seller's risk and expense. Acceptance shall not relieve the Seller of its
responsibility.
11. REGULATORY COMPLIANCE. Seller represents and warrants that the goods or services furnished hereunder (including all labels, packages,
and container for said goods) comply with all applicable standards rules and regulations in effect under the requirements of all Federal, State,
and local laws, rules and regulations as applicable, including the Occupational Safety and Health Act as amended with respect to design
construction, manufacture or use for their intended purpose of said goods or services. Seller shall furnish "Material Safety Data Sheets" in
compliance with the Florida' Right To Know Law, Florida Statute, Chapter 442.
12. ROYALTIES AND PATENTS. Seller shall pay all royalties and license fees. Seller shall defend all suits or claims for infringement of any patent
copyright or trademark rights and shall save the City harmless from loss on account thereof.
13. INSURANCE. The Seller shall maintain insurance as specified or as otherwise required by City.
14. PAYMENT. Payments will be made within 30 days or the terms on the face of this order, or the Seller's invoice, whichever are more favorable
to the City and payment date therefore shall be calculated from the receipt of invoice or final acceptance of the goods, whichever is later.
15. IDENTIFICATION. Invoices in duplicate with prices set out and giving the correct Purchase Order Number must be seat to the address shown
on the face of this order, otherwise payment of Seller's account may be delayed. The Purchase Order Number shall appear on all invoices,
boxes, packages, shipping documents and correspondence, and the list of contents shall be enclosed in each box or package.
16. TERMINATION. Buyer may, at any time, terminate this order in whole or in part by written or telegraphic notice or verbal notice confirmed in
writing. Upon termination for convenience of Buyer, the Buyer will assume responsibility for specific contractual or scheduled financial commit-
ments made prior to notice of termination. Any and all services, property, publications, or materials provided during or resulting from the
Contract shall become the property of the Buyer. If, however, termination is occasioned by the Seller's breach of any condition hereof, including
breach of warranty, or by Seller's delay, except due to circumstances beyond the Seller's control and without Seller's fault or negligence, Seller
shall not be entitled to any claim or costs or to any profit and Buyer shall have against Seiler all remedies provided by law and equity.
17. TAXES. The City'is exempt fronStatl :and local taxes. Exemption number is printed on the reverse side hereof. This Order shall serve as the
exemptip N,
18. LAZA! GOVERNING: This contract shall be governed by and construed according to the laws of the State of Florida.
EMERGENCY PURCHASE
DATE REQUIRED: A. S. A. P.
DATE SUBMITTED: 01/09/03
E
CITY OF SEBASTIAN
1225 Main Street
Sebastian, FL 32958
PURCHASE
REQUISITION
For Finance Office Use Only
Funds Available
Funds Not -Available
Budgeted
Not Budgeted
nuu 1114U
1. Department Public Works (Parks) 6. Work/Job #
2. Individual Requesting Chr i ss M_pearthy 4 7. Project ID # C 2 218
3. Department Head (approval) 8. Account # 320151-606300
4 Final Approval 9. Purchase Order #
A 5. Disapproved 10. Stock Item
(return to requestor) 11. Immediate Use Ye8
Qu%.7%9C.7 1 CLJ V CIYNun
NAME FLORIDA BULB & BALLAST
ADDRESS 1617 COOLING AVENUE
CITY MELBOURNE STATE FL. ZIP 32935-5905
APPROVED BY CITY` -COUNCIL AT 1/8/03 MTG.
Provide all materials and labor to instal
Twenty.Three (23) poles ans
along fitness trail at Ha Pk. All
work to f 4 ch 1 s
in Har ax i - 9 a .
fY.
•::.::.... ........
.:.::.HOME OF ..::::..:: - -
-.PELICAN ,14 D
$17,740.
WHITE - Purchasing Copy CANARY - Finance Copy PINK - Requisitioner Copy GOLDENROD - Approved Copy
CITY OF SEBASTIAN CERTIFICATE OF COMPLETION
4-21-03
DATE ACCEPTED:
CONTRACTOR:
CONTRACT NAME:
FINAL PROJECT COST:
Florida Bulb and Ballast
Lake Hardee Park Lighting
$17, 740.
Pursuant to the above captioned contract and in compliance of same, we the undersigned do
hereby certify that this project is complete.
Issuance of this certificate releases the Contractor from any further responsibility except as
stipulated in the contract as it relates to bond performance, payment of subcontractors,
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 do hereby
accept the work.
C'G" --/V\. C-
Date G — S-- 4 3
Proj
Date (_0 � 02 5-- Ca 3
Department Head
Date
General Services Administrator
Date
City Manager
CITY OF SEBASTIAN CERTIFICATE OF COMPLETION
4-21 -03
DATE ACCEPTED:
CON TKACTOR:
Florida Bulb and Ballast
CONTRACT NAME:
Lake Hardee Park Lighting
FINAL PROJECT COST:
$17,740.
Pursuant to the above captioned contract and in compliance of same, we the undersigned do
hereby certify that this project is complete.
Issuance of this certificate releases the Contractor from any further responsibility except as
stipulated in the contract as it relates to bond performance, payment of subcontractors,
maintenance, and indemnity. All contractual obligations as to warranty, insurance,
indemuification 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 do hereby
accept the work.
., Project Irrsp~ctor
Date
Date
Date~
LAKE HARDEE PARK LIGHTING
SERVICES AGREEMENT
TI-I/S AGREEMENT made this/~]' day of January, 2003, by and between the
CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main
Street, Sebastian, Florida, 32958, ("City") and FLORIDA BULB & BALLAST, INC.
1617 Cooling Street, Melbourne, Florida, 32935, ("Contractor"), sets forth that
WHEREAS, the City desires to engage a Contractor who has special and unique
competence and experience in electrical construction and lighting; 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 the requirements of law; and
WHEREAS, the City and the Contractor desire to reduce to writing their
understanding and agreements on such;
IT IS, THEREFORE, AGREED as follows:
1. 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.
2. AGREEMENT DOCUMENTS.
called CONTRACT DOCUMENTS) consist
Agreement(s), the Bid Documents, Technical
The Agreement Documents (also
of this Agreement, Supplemental
Specifications including Site Plan,
Contractor's Bid Proposal with all related Documents and Drawings, 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.
(a) Intent. The Technical Specifications are an integrated part of the
Contract Documents and as such will not stand alone if used independently. These
documents establish minimum design standards of quality for this Project. They do not
purport to cover any details entering into the design and construction of materials or
equipment. The intent of the Agreement Documents is to set forth requirements of
performance, type of equipment and structures, and standards of materials and
construction. It is also intended to include all labor and materials, equipment, tools and
transportation necessary for the proper execution of the Work, to require new material
and equipment unless other0vise 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 requked only to the extent consistent
with the Agreement Documents and reasonably inferable from them as being necessary to
produce the intended results.
Co) 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.
(c) 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.
(d) 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 blasiness adequacy of the same.
3. 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 as required for the electrical construction and lighting, in accordance with the
Agreement Documents for the project.
4. TECHNICAL SPECIFICATIONS AND RELATED DATA. The intent of
the Technical Specifications, and other Agreement 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 Contract Documents and all incidental work
considered necessary to complete the Work entirely ready for use, occupancy, or
operation in a manner acceptable to the City.
Any discrepancies found between the Contract Documents and site conditions, or
any errors or omissions in the Contract Documents, shall be immediately reported to the
City. The City 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 Contractors risk.
Any correction or errors or omissions in the Contract Documents may be made by
the City when such correction is necessary for the proper fi~lfillment of their intention as
construed by City. Where said correction of errors or omissions, except as provided in the
next paragraph below, adds to the amount of work to be done by the Contractor,
compensation for said additional work shall be negotiated between the parties and must
be issued as a written change order before any such additional work is performed or no
additional compensation shall be made.
The fact that specific mention of any part of work is omitted in the Contract .
Documents, whether intentionally or otherwise, when the same are usually and
customarily required to complete fully such work as is specified herein, will not entitle
the Contractor to consideration in the matter of any claim for extra compensation, but the
said work must be installed or done the same as if called for by the Contract Documents:
All work and material usual and necessary to make the Work complete in all its parts,
whether or not they m'e indicated or mentioned in the Technical Specifications, shall be
furnished and executed the same as if they were called for by the same. The Contractor
will not be allowed to take advantage of any errors or omissions in the Technical
Specifications. The City will provide full information when errors or omissions are
discovered.
5. COMPENSATION. The City will pay the Contractor the LUMP SUM
AMOUNT of $ I'~l '~0, 0~) for performance of the Work hereunder.
Payment shall be made for all Work completed by the Contractor during each calendar
month which has been accepted by the City and has been properly documented. Payments
shall not be made for Work deemed incomplete or deficient by the City. At the end of
each month, the Contractor shall submit an invoice with the supporting documentation of
all work completed and accepted by the City for that month to the Finance Department
and payment of the approved invoice amount less 10% retainage shall be made within
thirty (3 0) days of receipt.
Claims. .Claims arising fi.om 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 a 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.
6. RELEASES. When it is determined, as a result of a joint inspection of the
Work by the Contractor and City that the Work has been completed in accordance with
the terms of the Contract Documents, the completion of the Work shall be certified by the
City. At that time, the Contractor may submit the Contractor's final request for payment.
Prior to final payment, the Contractor shall execute and deliver to the City a Contractor's
Affidavit and Release of Claim for all claims against the City arising under or by virtue
of the work order. Also, fi.om each supplier or subcontractor who has notified the City of
his right to file a Clam (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.
7. PROJECT SCHEDULES The Contractor shall perform the services outlined
under Paragraph 3 of this Agreement in a timely manner consistent with the assignment
schedules as mutually agreed upon by the City and the Contractor. Completion of the
Project shall be achieved within 14 calendar days of the Notice of Commencement.
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 when the City 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.
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, by serving written notice of
suspension to the Contractor. In the event that the Contractor or the City shall become
aware of any condition that may be cause for suspension of the Work, they shall
immediately advise the concerned parties of such condition. The Contractor shall not
suspend operations under the provisions of this Paragraph without the City's permission.
In the event that the City suspends the Work, the Contractor shall be granted an extension
of time to complete the Work for as many calendar days as the Work was suspended;
except 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.
8. TERMINATION OF CONTRACT WITHOUT CAUSE. This Agreement may
be terminated by the City with or without cause provided at least five (5) days written
notice of such termination shall be given to the Contractor. In the event the City without
cause abandons, terminates or suspends this Agreement for greater than thirty days, the
Contractor shall be compensated for services rendered up to the time of such termination
on a quantum meruit basis and any work done by the Contractor shall remain the property
of the City.
9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All
work done shall be subject to the construction review of the City. Any and all technical
questions which may arise as to the quality and acceptability of materials furnished, work
5
performed, or work to be performed, interpretation of Technical Spec'rfications and all
technical questions as to the acceptable fulfillment of the Contract on the part of the
Contractor shall be referred to the Project Manager who will resolve such questions.
All materials and each part or detail of the Work shall be subject at all times to
construction review by. the City. Such construction review may include mill, plant, or
shop inspection, and any material furnished under the Technical Specifications is subject
to such inspection. The City shall be allowed access to all parts of the Work and shall be
furnished with such information and assistance by the 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.
t0. CONTRACTOR'S DUTY. Contractor shall supervise gnd. 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 hold and maintain at all times during the term of this Contract all
requked federal, state and local licenses necessary to perform the Work required under
the Contract Documents.
11. PERSONNEL. The Contractor represents that it will secure at its own
expense all personnel and sub-Contractors required for services which are necessary to
complete the Work as described in this Agreement. All services under this Agreement
shall be performed by the Contractor or sub-Contractor and all persons engaged in work
under the Agreement shall be qualified to perform such services and authorized under
6
federal, state and local laws to perform such services. Personnel who perform services
under this Agreement shall not be employees of the City.
All workers must have sufficient knowledge, skill and experience to perform
properly the work assigned to them. Any worker, including supervisors, employed by the
Contractor or subcontractors who, in the opinion of the City does not perform work under
this Agreement 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
his employees and/or any subcontractor or persons employed by subcontractors.
12. PROTECTION OF PERSONS AND PROPERTY. 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 fi.om penalties charged to the City for
violations of OSHA committed by the Contractor or any and all subcontractors.
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 offthe 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, structures and utilities not designated for removal, relocation or replacement
in the course of construction.
The Contractor shall perform any work and shall fi~mish and install materials and
equipment necessary during an emergency endangering life or property. In all cases, the
Contractor shall notify the City of the emergency as soon as practicable, but shall not
wait for instructions before proceeding to properly protect both life and property.
The Contractor shall be held fully responsible for such safety and protection until
final written acceptance of the Work.
13. CONTRACTOR'S KESPONS[BILITY 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 ads'rog 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 ofth~ City, before its
completion and acceptance.
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.
14. CLEANING LIP. The Contractor shall at all times keep the premises free
from accumulation of waste materials or rubbish caused by his employees or work. At the
completion of the Work, he shall remove all his rubbish, tools, scaffold'mg and surplus
materials and shall leave his work "broom clean" or its equivalent, unless more exactly
specified, and shall ir!sure 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
8
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.
15. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not
assign any interest in ]this Agreement and shall not transfer any interest in the same
without the prior written consent of the City. Any sub-contracts or other work which is
performed by persons or firms other than the Contractor under this Agreement or any
work orders shall have prior written approval of the City. Any subcontracts or outside
associates or Contractors required by the Contractor in connection with services covered
by this Agreement must be specifically approved by the City.
16. INDEMNIFICATION. For other and additional good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the
Contractor shall indemnify, hold harmless and defend the City of Sebastian, its officem
agents, officials, representatives and employees against any and all liability, loss, cost,
damages, expenses, claim or actions, of 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, officials 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
pan due to any act or omission of Contractor, its agent(s), vendors, subcontractor(s),
representatives, servants, or employees in the execution, performance or nonperformance
or failure to adequately perform contractor's obligations pursuant to this contract.
17. INTERESTS OF CITY OFFICIALS. No officers, members or employees
of the City and no members of its governing body, and no other public official of the
governing body of the locality Or localities in which services for the facilities are situated
or carried out, who exercises any functions or responsibilities in the review or approval of
the undertaking or carrying out of this project, shall participate in any decision relating to
this Agreement which affects his personal interest, or have any personal or pecuniary
interest, direct or indirect, in this Agreement or the proceeds thereof.
18. CERT~ICATION 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, ~rnendment 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 any FDOT Joint
Participation Agreement, the undersigned shall complete and subm/t Standard Form-LLL
"Disclosure Form to Report Lobbying" in accordance with its instructions.
19. CONFLICT OF INTEREST. The Contractor covenants that he presently
has no interest and shall not acquire any interest, direct or indirect, which shall conflict in
any manner or degree with the performance of services required to be performed under
this Agreement. The Contractor further covenants that in the performance of this
Agreement, no person having any such interest shall be employed. The Contractor shall
not undertake any professional work which conflicts with his 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.
20. COMPLIANCE WITH LAW The Contractor expressly agrees to comply
with all known laws and regulations relating to providing services under this Agreement.
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.
21. WAIVER. The waiver by the City of any of the Contractor's obligations
or duties under this Agreement shall not constitute a waiver of any other obligation or
duty of the Contractor under this Agreement.
10
22. PUBLIC ENTITY CRIME The Contractor shall file a sworn statement
with the City which is Attachment I, 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 Section 287.133 of the
Florida Statutes.
23. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants
that he has not employed or retained any company or person, other than a bona fide
employee working solely for the Contractor to solicit or secure this Agreement and that
he has not paid or agreed to pay any person, company, corporation, individual or firm,
other than a bona fide employee working solely for the Contractor any fee, commission,
percentage, gif~ or any other consideration contingent upon or resulting fi.om the award or
making of this Agreement. For the breach or violation of this paragraph, the City shall
have the fight 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.
24. DRUG-FREE WORKPLACE. The contract documents also consist of
the "Drug-Free Workplace Form" which is in accordance with Florida Statute 287.089
and must be signed.
25. GOVERNING LAW. This Agreement shall be governed by the laws of
the State of Florida and 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 enforc9 or otherwise resolve any dispute arising hereunder.
26. LIQUIDATED DAMAGES. If the Contractor fails to perform the Work
in accordance with the Agreement, the City shall hold ail the payments requested for
deficient Work. The City will not pay the Contractor for unsatisfactory performance. If
the City determines it is necessary to accomplish the work with its own resources or hire
a third party to perform work that was neglected or done pooriy by the primary
Contractor, the City may charge back or deduct incurred costs from monies due to the
primary Contractor.
The Contractor acknowledges that due to the nature of the Work under this
Agreement, time is of the essence. The Contractor also acknowledges the difficulties
11
involved in proving the actual losses suffered by the City should the scheduled work not
be completed on time.
Accordingly, at the option of the City, in lieu of providing such proof to
the Contractor, the City may impose liquidated damages for deficiencies and delays (but
not as penalty) of one hundred dollars ($100.00) per day for each calendar day exceeding
the number of days indicated by Clause 7, PROJECT SCHEDULE of this Agreement
(including extensions approved by written change orders). This amount represents an
estimate of the City's damages for aesthetic and efficiency loss to its citizens' and
administrative costs associated with the deficiencies and delays.
27. BOND. None required for the projects under this Agreement.
28. CONSTRUING PROVISIONS. 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. In any conflict between
the Technical Specifications, and the general terms of this Agreement, the provisions of
the latter shall prevail.
29. INSURANCE. The Contractor agrees to carry insurance, of the types and
limits as set forth below and maintain said insurance during the life of this
subject to the
agreement:
(a)
Workers' Com~nsation Contractor shall purchase workers'
compensation insurance as required by law.
(b) Commercial General Liability - Contractor shall purchase Commercial
Genera[ Liability insurance with a combined single limit of at least
$1,000,000.
(c) Commercial Auto Liability - Contractor shall purchase Commercial Auto
Liability insurance with a combined single limit of at least $1,000,000.
Further, Contractor shall maintain such insurance as is reasonably required to satisfy its
obligations to protect 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
12
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 he 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 his 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 him and any
subcontractor performing work under this Contract, or the City, fi.om all claims and
liability for damages for bodily injury, including accidental death, under this Contract,
whether by himself 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.
30. GUARANTEE. The Contractor shall warrant all equipment furnished and
work performed by him for a period of one (1) year fi.om the date of final written
acceptance of the Work by City. All equipment and material warranties or guarantees
shall be drawn in favor of the City and the originals thereof furnished to the City for
review and acceptance prior to final payment.
Such guarantee shall in no way limit or relieve the Contractor of liability fi.om
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.
Any materials, equipment or work which do not satisfactorily meet the Technical
Specifications, Contract Documents may be condemned by the City by giving a written
notice to the Contractor. All condemned materials, equipment or work shall be promptly
taken out and replaced. 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 City may have previously overlooked
13
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 at~er written
notice to do so, the City may remove them and may store the materials and equipment.
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 (I) year from the date of final written
acceptance of the Work by the City.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first above written.
ATTEST (SEAL):
~I~E ~OF SEBASTIAN
Terrence ~6o['e, City Manager
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stnnger, City Attorney
Signed, sealed and delivered
in the presence oE
kann0n -' imoncl
CONTRACTOR:
14