HomeMy WebLinkAbout2018 - ContractRANGER CONSTRUCTION INDUSTRIES, INC.
CONSTRUCTION SERVICES AGREEMENT
Milling and Paving
Bid Due: No Later Than 2:00 P.M. on 4 January 2018
Bid Opening: Beginning at 2:00 P.M. on 4 January2018
BID PROPOSAL PRICE FORM
The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein
and having attended a Pre -Bid Conference / Meeting, hereby proposes to perform everything required to be
performed in strict conformity with the requirements of these documents, meeting or exceeding the
specifications as set forth herein for the price(s) quoted below. The price(s) quoted is (are) inclusive of any
Addenda which may have been issued prior to this submittal. By the signature below, the Vendor agrees that
this Bid Proposal is made without any other understanding, agreement, or connection with any person,
corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without
collusion or fraud. If awarded any work under this bid proposal, the Vendor agrees to enter into said agreement
within ten (10) consecutive calendar days notice by the City, and agrees to all the terms and conditions of all
documents stated herein with the City of Sebastian for the below stipulated price which shall remain firm for
sixty (60) days following bid opening date.
The City shall be entitled to liquidated damages in the amount of three hundred Dollars ($300.00) per day for
every day that the Contractor is late in completing the task work order as stipulated in the agreement, and
bidding documents. Said damages shall be deducted by the City from monies due Contractor.
The contract period is for one vear. The Bid Items on the Project will be authorized for construction as task
orders at the discretion of the City of Sebastian.
See attached separate bid form
Ranger Construction Industries, Inc.
Name of Firm (Please Type or Print):
4510 Glades Cutoff Road
Ft Pierce, FL 34981
Firm's Address:
(772) 464-6460 (772) 466-9559
Telephone Number(s): Fax Number(s):
F. Scott Fowler - Vice President
Name and Title of Authorized Representative (Please Type or Print)
lamaary 4, 2018
Signature of u o Vresentative Date Signed
estimating@rangerconstruction.com
bill.yoder@rangerconstruction.com
elen a. a rangop_ rang erconstruction. com
Email Address (es):
CRY OF
BAIP WIN4
HOME OF PELICAN ISLAND
ADDENDUM TO
CITY OF SEBASTIAN
BID #17-22
MILLING AND PAVING
ADDENDUM #2
DECEMBER 20, 2017
Changes: Quantities, Units: Use this Bid Sheet
Basis of Bids
Prospective "preferred" asphalt contractors shall complete thel bid cost to pave a�1000' x 20' wide two
lane road using the following assumptions:
• Mobilization 1 ea Mi"Imum
• MOT based on 4 flag persons (additional flag people will be addressed through a Change
Order
• Minor Base Repair (coquina rock) 1,000 SY X 6" thick
• Milling and hauling Asphalt 20,100 SY
• 2" Asphalt Pavement (SP 12.5) 2,200 Tons
• Contractor will provide MOT plan (if needed) signed and sealed by a Florida Professional
Engineer for the milling and paving of local and collector streets.
• If applicable, Contractor will haul and dispose of existing asphalt pavement to be milled.
• Work Order Completion timeline: 30-days (based on a 1000' length of roadway).
1:31�77�7:7di1
Item Qtv
Unit
Unit Price
Amount
1. Mobilization 1
EA
$ 3 4/ 9F
$ 7. 419 F�
2. MOT 1
EA
$ 70
$ y7 0
3. Base Repair
(6" Coquina rock) 1000
SY
�o
$_ dv-
$
4. Milling & Haul
7 �
Asphalt 20100
5. Asphalt Pavement 2200
SY
TN
$ ,�
$ A-,,-
$
$ AQ,
(SP12.5)
Total Cost
0-W
END
C� 1DO
HOME OF PELICAN ISLAND
ADDENDUM TO
CITY OF SEBASTIAN
BID #17-22
MILLING AND PAVING
ADDENDUM #1
DECEMBER 20, 2017
Overview
This amendment serves to clarify misinformation presented during the initial mandatory
Pre -Bid session, held on December 14, 2017. The City of Sebastian is soliciting bids to
select two (2) designated "preferred" asphalt contractors who will respond to "as
needed" asphalt jobs as the City might select. Each job will be evaluated as to cost
"prior to the issuance of a Purchase Order.
Lenath of Contract
This contractual relationship with the City will be for One (1) Year with the option of two
(2) 1-year extensions.
Basis of Bids
Prospective "preferred" asphalt contractors shall complete thel bid cost to pave a 1000'
x 20' wide two lane road using the following assumptions:
• Mobilization 1 ea
• MOT based on 4 flag persons (additional flag people will be addressed through a
Change Order
• Minor Base Repair (coquina rock) 1,000 SY X 6" thick
• Milling and hauling Asphalt 20,100 SY
• 2" Asphalt Pavement (SP 12.5) 2,200 Tons
• Contractor will provide MOT plan (if needed) signed and sealed by a Florida
Professional Engineer for the milling and paving of local and collector streets.
• If applicable, Contractor will haul and dispose of existing asphalt pavement to be
milled.
• Work Order Completion timeline: 30-days (based on a 1000' length of roadway).
Item Qtv Unit
1. Mobilization 1 EA
2. MOT 1 LS
3. Base Repair 1000SYX6 LS
4. Milling & Haul 20100SY LS
5. Asphalt Pavement (SP12.5)
To pave 2" X1000' X20'W
BID FORM
Unit Price
Amount
Total Cost $
Other Notes:
• The City of Sebastian anticipates awarding Work Orders to fulfill paving
repairs/resurfacing for the following streets during this initial contract period:
o Keystone Drive 1000 FT (Overlay only)
o Pleasant View Lane 1200 FT
o Polynesian Lane 1200 FT
o Glentry Lane 1700 FT
o Dewitt Lane 1050 FT
o Damask Lane 1000 FT
o Concha Drive 600 FT; and 980 FT (two areas)
• All of the above streets are scheduled to receive stormwater related work before
a go-ahead is given to the paving contractor.
• Additional paving/reconstruction involving parking areas and airport apron areas
may also be awarded, each will be costed according the scope of work involved.
Bid Schedule
2 PM, January 4, 2018 is the bid submission deadline as outlined in the initial Bid 17-22
documents.
END
T
DRUG -FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies
that Ranaer Construction Industries, Inc. does:
Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug free workplace, any available drug counseling, rehabilitation, employee
assistance programs and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a condition of
working on the commodities or contractual services that the employee will abide by the terms
of the statement and will notify the employer of any conviction of, or plea of guilty or nolo
contendere to any violation of Chapter 1893 or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) days after
such conviction.
5. hnpose 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: January 4, 2018
Si ature
PUBLIC ENTITY CRIMES FORM
Any person submitting a quote, bid, or proposal in response to this invitation or Agreement,
must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA
STATUTES. ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided,
and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on
behalf of dealers or suppliers who will ship commodities and receive payment from the resulting
Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are
included with your quote, bid, or proposal. Corrections to the form will not be allowed after the
quote, bid, or proposal opening time and date. Failure to complete this form in every detail and
submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or
proposal.
The 1989 Florida Legislature passed Senate Bill458 creating Sections 287.132 -133, Florida
Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida
Department of General Services to maintain and make available to other political entities a
"convicted vendor" list consisting of persons and affiliates who are disqualified from public and
purchasing process because they have been found guilty of a public entity crime. A public entity
crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by
a person with respect to and directly related to the transaction of business with any public entity in
Florida or with an agency or political subdivision of any other state or with the United States,
including, but not limited to, any bid or Agreement for goods or services to beprovided to anypublic
entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery,
collusion, racketeering, conspiracy, or material misrepresentation.
By law no public entity shall accept any bid from, award any Agreement to, or transact any
business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period
of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that
person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes.
Therefore, effective October 1,1990, prior to entering into an Agreement (formal Agreement
or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE
CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer
or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be
utilized and must be properly signed in the presence of a notary public or other officer authorized to
administer oaths and properly executed.
THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE
SUBMITTED CONCURRENTLY WITH YOUR OUOTE OR BID DOCUMENTS. NON -
INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR
OUOTE OR BID.
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted with Bid, Proposal or Agreement No. Mlllino & Pavina for
THE CITY OF SEBASTIAN.
2_ This sworn statement is submitted by RanperConstruction Industries, Inc.
(name of entity submitting sworn statement) whose business address is
4510 Glades Cutoff Rd. Ft Pierce. FI :34aR1 and (if applicable) its
Federal Employer Identification (FEIN) is _ f the entity has no FEIN,
include the Social Security Number of the ini n
statement: NA )
My name is F Scott Fowler (please print name of individual
signing) and my relationship to the entity named above is
Vice President
4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other
state or with the United States, including, but not limited to, any bid or Agreement for goods or
services to be provided to any public entity or an agency or political subdivision of any other state or
of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy,
or material misrepresentation.
5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of
guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or
nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133(l)(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.
I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding Agreement and which bids or applies to bid on Agreements for the
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 swom statement. (Please indicate which statement applies.)
X Neither the entity submitting this sworn statement, nor any officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in management of the entity, nor
any affiliate ofthe entity have been charged with and convicted of a public entity crime subsequent to
July 1, 1989.
_ The entity submitting this swom 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 officerof the State
ofFlorida, Division ofAdministrative Hearings. The final order entered by the hearing officer did not
place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.)
_ The person or affiliate was placed on the convicted vendor list. There has been a subsequent
proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The
final order entered by the hearing officer determined that it was in the public interest to remove the
person or affiliate from the convicted vendor list. (Please attach a copy of the final order.)
The person or affiliate has not been placed on endor list. lease describe any
action taken by or pending with the Departm 1 S ces
ature)
Date: January 4, 2018
STATE OF FLORIDA
COUNTY OF Oranqe
The foregoing instrument was acknowledged before me this 4 day of January , 2017 by
F Scott Fowler I Vice President (title)
on behalf of
Ranger Construction Industries, Inc. (name of partnership), a pai nership. He/she is personally known to me or has
cation add di Q� dinottake an oath.
produced Personallv known asTV..e:
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My Commission Expires: /1717126 z I
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Commission Number. 04 13,1-,949
BIDDER OUALIFICATION OUESTIONNAIRE
(This form is not required to be included in the bid proposal submittal. However, prior to my Contract Award, such Bidder Qualification
Questionnaire must be completed and submitted by the Bidder, and reviewed and approved by the City.)
Submitted by Ranger Construction Industries, Inc.
Name of Bidder
General Contractor's License # CGC 031554
( ) An Individual
( ) A Partnership
(X) A Corporation
Federal Identification #
Principal Office Address:
101 Sansbury's Way
West Palm Beach, FL 34981
(1) How many years has your organization been in business as a contractor under your present name?
35 Years
(2) How many years experience in road and utility construction work has your organization had as a contractor?
35 Years
As a Subcontractor?
35 Years
(3) List below the requested information concerning projects your organization has completed in the last five (5)
years for the type of work required in this project. (Use additional sheets if necessary). Include the type of
work similar to the work included in this contract if possible.
Project Contract Required Actual Name/Address/Tel
Title Amount Comnletion Date Comoletion Date of Owner
See attachment #1
(4) Have you ever failed to complete any work awarded to you? If so, where and why?
No
(5) Has any officer or partner of your organization ever been an officer or partner of some other organization that
failed to complete a construction contract? If so, state name of individual, name of other organization, and
reason therefore.
NA
(6) Has any officeror partner of your organization ever failed to complete anyconstruction contracthandled in his
own name? If so, state name of individual, name of owner and reason therefore.
No
(7) Give below any information which would indicate the size and capacity of your organization, including number
of employees, equipment owned by your organization, etc., which are available for utilization on this Contract.
See attachment #2 for Company information
See attachment #3 for equipment list
(8) What is your bonding capacity? $750,000,000
(9) What amount of your bonding capacity has been used as of the date of this bid?
$250,000,000
(10) How many applications for performance and payment bonds have you made in the last three (3) years?
300
(11) How many of these applications were not approved? None
(12) Have any claims been filed against your surety bond company in the last five (5) years? If so, describe the
nature of the claims and give the names of the surety companies, dates of each claim, identifying numbers of
each claim, amounts of each claim, and the status of each claim. (Use additional sheets if necessary.)
RM
(13) Have your company been in disputes or litigations in the last five (5) years over construction projects which are
completed or still pending for completion? Ifso, describe the nature of the disputes or litigations and states the
Owner's Name, Address, Telephone, and amount of disputes or litigations. (Use additional sheets if necessary.)
Yes, see attachment #4
I, the undersigned, do hereby declare that the foregoing statements are true and correct, all as of the
date hereinafter set forth, and that those examining this document have my permission to contact any
or all of those parties listed in this questionnaire. Incorrect or misleading statements in this
questionnaire shall be grounds for a determination of non -responsibility with respect to such
contractor.
'/ (SIGgATURE OF BIDDER)
Ranger Construction Industries, Inc.
(TYPE OR PRINT COMPANY NAriIE)
4510 Glades Cutoff Road, Ft Pierce, FL 34981
(TYPE OR PRINT ADDRESS)
STATE OF FLORIDA)
COUNTY OF INDIAN RIVER)
CITY OF SEBASTIAN)
BID BOND
KNOWN ALL MEN BY THESE PRESENTS, that Ranger Construction Industries, Inc
As Principal, and Travelers Casualty and Surety Compan of America as Surety, are held and
firmly bound unto the City of Sebastian, in the penal sum o 5 % of the Base
Five Percent (5%) of the Base Bid Amount (Dollars) $ Bid Amount , lawful money of the
United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the
accompanying bid dated 114120ia for:
Milling and Paving
NOW THEREFORE,
(a) The Principal shall not withdraw said bid within ninety (90) days afterdate of opening the same andshall within
twenty (20) days after the prescribed forms are presented to him for signature, enter into a written contract with the City,
in accordance with the proposal as accepted, and give bood with good and sufficient surety of sureties, as required, for
the faithful performance and proper fulfillment of such contract; and,
(b) In the event of the withdrawal of said bid within the period specified, or the failure to enter into such contract
and give bond within the time specified, if the principal shall pay the City the difference between the amount specified in
said bid and the amount for which the city may procure the required work and supplies, if the latter amount be in excess
of the former, then the above obligation shall he void and of no effect, otherwise to remain in full force and virtue.
IN WITNESS WHEREOF, the above -bounded parties have executed this instrument under their several
seals, this 4th dayof January „ 2018,
The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative. Pursuant to authority of its governing body.
WITNESS:
If Sole Ownership or Partner ship, one
(1) Witness is required. If Corporation,
Secretary only will attest & affix seat.)
PRINCIPAL:
Ranger Construction Industries, Inc
Name of Firm
1200 Elboc Way
(Business Address)
Winter Garden, FL 34787
(City) (State) (Zip)
SURETY:
Tr/Casualtyure�ily of America
(CAIN
62
Witness as to Surety / (Sid Officer)Wilad and FL Resident Agent
The rate of premium of this bond is
per thousand.
Total amount of premium charges
Qne Tower Square, 5PB
(Business Address)
Hanford, CT 06183
(City) (State) (Zip)
George H. Friedlander Company
(Name of Local Insurance Agency)
447 Montreal Ave., Melbourne, FL 32935
(Address)
Included in the Bond Service Undertaking
Included in the Bond Service Undertaking
(The above must be filled in by Corporate Surety.)
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, I e'"eN `gip A , i qt„1 �. e R certifythat I am the Secretary f the Corporation
wn Favler
named as Principal in the within bond, that $ who signed the said
bond on behalf of Ranger Construction Industries, Inc the principal, was then
Vice President of said corporation; that I know his signature, and his
signature hereto is genuine; and that said bond was duly signed, sealed, and attested fro and on behalf of said corporation
of its governing body.
(Corporate Seal)
State of Florida
County of Indian River
City of Sebastian
Before me, a Notary Public duly commissioned, qualified and acting, personally appeared;
William Phelps to me well (mown, who being by me fast duly sworn
upon oath, says that he is the attorney in fact for the Travelers Casualty and Surety Company of America and that he
has been authorized by Contractor named therein favor of the City of Sebastian, Florida.
/4---4bsad d omto before me this am clayof January 2018
\, CA�s /%�znt� \\ eG gERH�� /
My Commission Expires ? ; �q�°'g��'
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WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
aA POWER OF ATTORNEY
TRAVEL E RS J Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc, travelers Casually and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fact No.
215719
Certificate No. 007069392
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casually and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the
laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
William Phelps
of the City of MAhnuma , State of Finrida , their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in thew business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and thew corporate seals to be hereto affixed, this 9th
day of December • 2016
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casually and Surety Company of America
United Sates Fidelity and Guaranty Company
��-�,,�,,ryryry a PP pS xsy wax �e�
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e 196�6 G 4 nwvaurto _ a foteoxe> im mi•AppOq^L
e 1951 �4.SE AL o "
SOP � 1977g "� o. l �.SSEL t •� p
ae.
State of Connecticut
City of Hartford as.
By: Retain.Ylcc-cfi��
L. Raney, Senior Vitt President
On this the 9th day of December 1 2016 , before me personally appeared Robert L. Raney, who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers
Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
O,TET�
In Witness Whereof, I hereunto set my hand and official seal.�pTAF7 {�QJl•li+ C �—�
My Commission expires the 30th day of June, 2021. # p118U� k Marie C. Tamault, Notary Public
58440-5-16 Printed in U.S.A.
_ __ __WARNING: THIS POWER OF,ATTORNEY,IS INVALID WITHOUT THE RED BORDER
Ranger Attachment #1
con truehwtr#ts
tries, Inc.
Construction Experience
Name of Project
Date Completed
Owner
Contact Person
Phone Number
Contract Amount
Parkwood Neighborhood
May-16
Martin County
George Dzama
(772) 288-5481
$1,207,609.90
Restoration
Asphalt Resurfacing Fiscal Year
Still working
Seminole County
Alexis Stewart
(407) 665-7112
$1,518,230.07
2015-20156
1595/Broward County
Still working/Started
FDOT/Dragados
Jesus Dies
(954)6682015
$52,414,328.00
06/21/10
Ulzurum(Dragados)
SR 417 & 14
5/29/2015
FOOT
Kim Navarro
(321)690-3249
$357,779.00
Port St. Lucie
-
Resurfacing/Asphalt Paving
04/01/2015(contract was
City of Port St. Lucie
Denis Burton
(772)371-5157
$3,726,434.60
extended until2017)
+200tans.
FOOT Brevard
SR 5 US 1 & SR 500
11/28/2013
Operations/Infrastructure
Kim Navarro
(321)690-3250
$6,162,905.00
Engineering, Inc.
SR400 Interchange @ SR 46
10/18/2013
FOOT District 5
Armando Perez
(800)780.7102
$33,679,044.35
SR 60
2/19/2013
FOOT
Glenn Bridges
(321)388-5667
$18,487,769.32
SR 528 East of Dallas Blvd.
Mainline &Ramp Toll Plazas
2/20/2012
Orlando -Orange CountyExpressway
Ben Dreiling
(407)316-3801
$22,071,248.80
Authority
528-403
Polk County Road 54
3/17/2010
Polk County Purchasing
Chris Rewis
(863)534-5610
$17,255,380.38
SR 414 John Land Apopka
6/12/2009
Orlando -Orange County
Ben Dreiling
(407)316-3800
$105,620,368.24
Expressway
Expressway Authority
CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT made this 14 day of F e b 2018 by and between the CITY
OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian,
Florida, 32958,.("City") and JR a n e e r ("Contractor.") authorized to do business
in the State of Florida. Construction Industries, Inc.
WHEREAS, the City desires to engage a Florida licensed contractor who has special and
unique competence and experience in providing construction services necessary to complete the
Project hereunder; and,
WHEREAS, the Contractor represents that it has such competence and experience in
providing these services; and,
WHEREAS, the City in reliance on such representation has selected the Contractor in
accordance with its procedure for selection of Contractor, and,
WHEREAS, the City and the Contractor desire to reduce to writing their understanding
and agreements on such professional services.
IT IS, THEREFORE, AGREED as follows:
ARTICLE I - The Contractual Relationship
1.0 EMPLOYMENT OF CONTRACTOR
The City hereby agrees that it may engage the Contractor and the Contractor hereby
agrees to perform professional services for the City in accordance with this Agreement to provide
trilling and paving services. This Agreement ig not an exclusive agreement and the City may
employ other contractors, professional or technical personnel to furnish services for the City as
the City in its sole discretion finds is in the public interest.
The Agreement shall not be construed to create a contractual relationship of any kind
between the City and the Subcontractor(s), or, between any person or firm other than the City and
Contractor.
The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any
portion thereof, or of his right, title of interest therein or his obligations thereunder, or moneys
due or to become due under this Contract, without the express written consent of the City.
2.0 AGREEMENT DOCIMENTS
The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this
Agreement, Supplemental Agreement(s), Notice of Invitation to Bid, Instructions for Bidders, Bid
Proposal, Bond Forms , Bid Specifications and Scope of Work, Work Orders, Change Orders,
Addenda, if any, any other documents listed in the Agreement Documents, and written
modifications issued after execution of this Agreement, if any.
2.1 INTENT
The Specifications are an integrated part of the Contract Documents and as such will not
stand alone if used independently. The Specifications establish minimum standards of quality for
this Project. They do not purport to cover all details entering into the design and construction of
materials or equipment. The intent of the Agreement Documents is to set forth requirements of
performance, type of equipment and structures, and standards of materials and construction. It is
also intended to include all labor and materials, equipment, and transportation necessary for the
proper execution of the Work, to require new material and equipment unless otherwise indicated,
and to require complete performance of the Work in spite of omission of specific reference to any
minor component part and to include all items necessary for the proper execution and completion
of the Work by the Contractor. Performance by the Contractor shall be required only to the extent
consistent with the Agreement Documents and reasonably inferable from them as being necessary
to produce the intended results.
2.2 ENTIRE AND SOLE AGREEMENT
Except as specifically stated herein, the Agreement Documents constitute the entire
agreement between the parties and supersede all other agreements, representations, warranties,
statements, promises, and understandings not specifically set forth in the Agreement Documents.
Neither party has in any way relied, nor shall in any way rely, upon any oral or written
agreements, representations, warranties, statements, promises or understandings not specifically
set forth in the Agreement Documents.
2.3 AMENDMENTS
The parties may modify this Agreement at any time by written agreement. Neither the
Agreement Documents nor any term thereof may be changed, waived, discharged or terminated
orally, except by an instrument in writing signed by the party against which enforcement of the
change, waiver, discharge or termination is sought.
2A CONSTRUING TERMS
This Agreement shall not be construed against the party who drafted the same, as both
parties have obtained experts of their choosing to review the legal and business adequacy of the
same.
2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY
This Agreement shall be governed by the laws of the State of Florida, and any venue for
any action pursuant to the Agreement Documents shall be in Indian River County, Florida. The
parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any
dispute arising hereunder.
2.6 TERM
This Agreement shall commence on the day it is executed by both parties and the term of
the Agreement shall extend until the Project is complete, unless terminated, in accordance with
the terms hereunder.
3.0 DEFINITION OF TERMS
3.1 GENERAL
Whenever the following terms appear in these Agreement Documents, their intent and
meaning shall, unless specifically stated otherwise, be interpreted as shown.
3.2 ACT OF GOD
The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical
event), tomado, or other cataclysmic phenomenon of nature. Rain, Wind or other natural
phenomenon (including tropical waves and depressions) of normal intensity for the locality shall
not be construed as an Act of God.
3.3 ADDENDUM (re: bid documents)
A modification of the specifications or other contract documents issued by the Owner and
distributed to prospective bidders prior to the opening of bids. All Addenda shall be considered as
part of the Contract Documents.
3A AGREEMENT
A written agreement is between the Contractor and the City of Sebastian defining in
detail the work to be performed. The words Agreement and Contract are one and the same.
3.5 A.S.T.M. DESIGNATION
Wherever the letters "A.S.T.M." are used in the Specifications, it shall be understood as
referring to the American Society for Testing Materials. When reference is made to a certain
Designated Number of a specification or test as set out or given by the American Society for
Testing Materials, it shall be understood to mean the current, up-to-date standard specification or
tentative specification for that particular process, material or test as currently published by that
group.
3.6 BID
The bid or proposal is the written offer of a Bidder to perform work described by the
contract documents when made out and submitted on the prescribed proposal form properly
sealed and guaranteed. The bid or proposal shall be considered as part of the Contract
Documents.
3.7 BID BOND or PROPOSAL GUARANTEE
Bidder is required to submit a Bid Bond or Proposal Guarantee in the amount of 5% of
the Base Bid, in the form of a Cashier's Check, Unconditional Irrevocable Letter of Credit drawn
in favor of the City of Sebastian on a National Bank, or a bond from a surety company duly
licensed in the State of Florida.
3.8 BIDDER
An individual, partnership, or corporation submitting a proposal for the work
contemplated; acting directly or through a duly authorized representative.
3.9 CHANGE ORDER
A written order issued to the Contractor by the City covering changes in the plans,
specifications, or scope of work when the amount of work changed is not deemed sufficient to
require a supplemental agreement, and/or to cover adjustments in the Contract Price or Contract
Time.
3.10 CONTRACT ADDENDUM
A special written provision modifying or clarifying the terms and conditions of the
Contract known as Addendum shall be considered as part of the contract documents.
3.11 CONTRACTOR
The word "Contractor" shall mean an individual, partnership, or corporation, and its
heirs, executors, administrators, successors and assigns, or the lawful agent of any such
individual, firm, partnership, covenant or corporation, or its surety under any contract bond,
constituting one of the principals to the Contract and undertaking to perform the work herein.
3.12 DIRECTED. ORDERED. APPROVED & ETC.
Wherever in the Agreement Document the words "directed", "ordered", "approved",
"permitted", "acceptable", or words of similar import are used, it shall be understood that the
direction, order, approval or acceptance of the Owner is intended unless otherwise stated.
3.13 ENGINEER
A Professional Engineer duly licensed and registered in the State of Florida and
designated by the City as the Engineer -of -Record. The City may designate a staff member as
Engineer.
3.14 GENERAL CONDITIONS
The directions, provisions and requirements contained within the Agreement Documents,
all describing the general manner of performing the Work including detailed technical
requirements relative to labor, material equipment, and methods by which the Work is to be
performed and prescribing the relationship between the City and the Contractor.
3.15 INSPECTOR
A duly authorized representative of the City assigned to make official inspections of the
materials furnished and of the work performed by the Contractor.
3.16 LABORATORY
A licensed and qualified independent laboratory designated by, or acceptable by, the City
to perform the necessary testing of materials for the construction, if required. All testing will be
the responsibility of the contractor to hire a licensed testing firm to conduct any tasting which is
included in the price of various bid items.
3.17 OWNER
City of Sebastian
3.18 PERFORMANCE AND PAYMENT BONDS
Contractor is required to submit bonds in the form prescribed by State Law, and generally
as shown on sample forms herein, for Performance and Payment.
3.19 PLANS (No Desisn Plans oniv As -Built Plans)
The Contractor will be required to create engineering design plans, including
reproduction thereof, showing the location, character, dimensions and details of the work to be
done to be approved by the City Building Department. The as -built plans can be used as a
template to prepare construction plans acceptable by the City Building Department. All shop
drawings submitted by the Contractor shall be considered as part of the contract documents.
3.20 PROPOSAL
The proposal or bid is the written offer of a Bidder to perform the work described by the
Contract Documents when made out and submitted on the prescribed proposal form, properly
signed and guaranteed. The proposal or bid shall be considered as part of the contract documents.
3.21 SPECIAL CONDITIONS
Special clauses or provisions, supplemental to the Standard Specifications and other
contract documents, setting forth conditions varying from or additional to the Standard
Specifications for a specific project.
3.22 SPECIFICATIONS
The directions, provisions, and requirements together with all written agreements made
or to be made, setting forth or relating to the method and manner of performing the Work, or to
the quantities and qualities of materials, labor and equipment to be furnished under the
Agreement.
3.23 SUBCONTRACTOR
An individual, partnership, or corporation, supplying labor, equipment, or materials under
a direct contract with the contractor for work on the project site. Included is the one who supplies
materials fabricated or formulated to a special design according to the plans and specifications for
the particular project.
3.24 SUPPLEMENTAL AGREEMENT
A written understanding, or proposal and acceptance, executed between the City and the
Contractor subsequent to execution of the Agreement herein with the written consent of the
Contractor's Surety, relating to the work covered by the Agreement and clarifying or furthering
the terms thereof. A modification to the Agreement shall be made by Contract Addendum.
3.25 SURETY
Surety is a corporation qualified to act as surety under the laws of Florida, who executes
the Contractor's Performance and Payment Bonds and is bound with the Contractor for the
acceptable performance of the contracted work and for the payment of all debts pertaining
thereto.
3.26 (The! WORK or (The) PROJECT
The public improvement contemplated in the Specifications, and all actions necessary to
construct the same.
3.27 WORK ORDER
Work orders are work instructions including specifications and plans that show the
location, character, dimensions and details to the work to be done. Work orders are specific
instructions, of limited scope, that will be a part of this contract. Work orders shall be considered
as part of the contract documents. Any Work Orders considered to be Change Orders of any kind
shall be in writing and address, at a minimum, any changes in the scope of work and the related
impact on Contract Price / Cost and Time / Schedule.
3.28 PERMITS
The work will require the contractor to obtain the necessary permits from the City's
Building Department for the demolition and remodel construction of the existing restrooms. This
may include any additional survey, MEP and structural information and all permitting fees will be
the responsibility of the contractor to pay these application fees. It will be the contractor's
responsibility to determine if any MEP plans will be need to the remodel and preparation of any
MEP design plans for approval by the City Building Department.
Any cost associated with the preparation, design plan and permitting will be the
responsibility of the contractor.
ARTICLE II - Performance
4.0 SPECIFICATIONS AND RELATED DATA
4.1 INTENT OF THE SPECIFICATIONS
The intent of the Specifications, Work Orders and other Contract Documents is that the
Contractor furnishes all labor and materials, equipment, supervision and transportation necessary
for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do
all the work described in the Specifications and other Contract Documents and all incidental work
considered necessary to substantially complete the Work ready for use, occupancy, or operation
in a manner acceptable to the City.
4.2 CONFLICT
In the event of any inconsistency, discrepancy or conflict between the Agreement and
Specifications, and other Contract Documents, the Agreement shall prevail and govern over all
except a subsequently executed Contract Addendum; in the event of an inconsistency,
discrepancy or conflict between documents, the Specifications shall prevail and govern.
4.3 DISCREPANCIES
Any discrepancies found between the Specifications and site conditions, or any errors or
omissions in the Specifications, shall be immediately reported to the Engineer and City. The
City's Engineer shall promptly determine the validity and seriousness of the claimed condition
and correct any such error or omission in writing, or otherwise direct Contractor. Any work done
by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at
the Contractor's risk.
Any correction or errors or omissions in the Specifications may be made by the Engineer
when such correction is necessary for the proper fulfillment of their intention as construed by the
City's Engineer. Where said correction of errors or omissions, except as provided in the next two
(2) paragraphs below, adds to the amount of work to be done by the Contractor, compensation for
said additional work shall be made under the Paragraph 10.7 CHANGES IN THE WORK below,
except where the additional work may be classed under some item of work for which a unit price
is included in the proposal.
All work indicated in the Specifications and all work and material usual and necessary to
make the Work complete in all its parts, whether or not they are mentioned in the Specifications,
shall be furnished and executed the same as if they were called for in the Specifications. The
Contractor will not be allowed to take advantage of any errors or omissions in the technical
provisions of the Specifications. The Engineer will provide full information when errors or
omissions are discovered.
4.4 PLANS (Bv Contractor) AND SPECIFICATIONS AT JOB SITE
One (1) complete set of the Plans, Specifications, Work Orders, Addenda, Change
Orders, Shop Drawings and samples shall be maintained at the job site, in good order and
annotated to show all changes made during the construction process, and shall be available to the
Engineer and City at all times. A final copy thereof, along with "as -built" record drawings,
operations and maintenance manuals, and data sheets, shall be delivered to the Engineer upon the
completion of the Work.
4.5 DIMENSIONS
Dimensions and project limits will be field measured in advance of the bid submittal to
verify any inconsistent dimensions or information from the contractor design plans. Where the
work of the Contractor is affected by finished dimensions shown on the plans, these shall be
verified by the Contractor at site, and he shall assume the responsibility for their use.
4.6 SAMPLING AND TESTING
Except as otherwise provided, sampling and testing of all materials, and the laboratory
methods and testing equipment, required under the Specifications shall be in accordance with the
latest standards or tenets of the American Society for Testing Materials. All sampling and testing
shall be the contractor responsibility and the price for the sampling and testing are included in
various bid items.
The testing of samples and materials shall be made at the expense of the Contractor,
except where indicated otherwise. The Contractor shall furnish any required samples without
charge. The Contractor shall be given sufficient notification of the placing of orders for materials
to permit testing. As an exception to the above, when the Contractor represents a material or an
item of work as meeting Specifications and under recognized test procedures it fails, any re-
testing shall be at the Contractor's expense, billed at the Testing Laboratory's standard rate for
individual tests.
It is expected that all inspections and testing of materials and equipment will be done
locally. If the Contractor desires that inspections for tests be made outside of the local area, all
expenses, including per diem for the Engineer or Inspectors, shall be bome by the Contractor.
4.7 SHOP DRAWINGS (Required)
The Contractor shall provide shop drawings, setting schedules, and other drawings as
may be necessary for the prosecution of the Work in the shop and in the field as required by the
Specifications or Engineer's instructions. Deviations from the Plans and Specifications shall be
called to the attention of the City at the time of the first submission of shop drawings and other
drawings. The City's approval of any shop drawings shall not release the Contractor from
responsibility for errors, corrections of details, or conformance with the Contract. Shop drawings
shall be submitted according to the following schedule:
(a) Seven (7) copies shall be submitted to the City at least thirty (30) days before the
materials indicated thereon are to be needed or earlier if required to prevent delay of work or to
comply with subparagraph (b).
(b) The City shall, within fourteen (14) days of the submittal of any shop drawings,
return three (3) copies to the Contractor marked with any corrections and changes required and
noting if the drawings are acceptable as noted, or if resubmittal is required.
(c) The Contractor shall then correct the shop drawings to conform to the corrections
and changes requested by the City and resubmit six (6) copies to the City.
(d) Three (3) copies of Approved Shop Drawings shall be returned to the Contractor
by the City.
4.8 OUALITY OF EQUIPMENT AND MATERIALS
In order to establish standards of quality, the Specifications may refer to certain products
by name and catalog number.
This procedure is not to be construed as eliminating from competition other products of
equal or better quality by other manufacturers where fully suitable in design.
The Contractor shall furnish to the City a complete list of his proposed desired
substitutions prior to the signing of the Contract, together with such engineering and catalog data
as the City may require. Further substitutions may be submitted during the course of work in
accordance with Paragraph 4.10 SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL
below.
The Contractor shall abide by the City's judgment when proposed substitution of
materials or items or equipment are judged to be unacceptable and shall fumish the specified
material or item of equipment in such case. All proposals for substitutions shall be submitted to
the City in writing by the Contractor and not by individual trades or material suppliers. The City
will advise of approval or disapproval of proposed substitutions in writing within a reasonable
time. No substitute materials shall be used unless approved by City in writing.
4.9 EOUIPMENT APPROVAL DATA
The Contractor shall furnish one (1) copy of complete catalog data for every
manufactured item of equipment and all components to be used in the Work, including specific
performance data, material description, rating, capacity, material gauge or thickness, brand name,
catalog number and general type.
This submission shall be compiled by the Contractor and submitted to the City for review
and written approval before any of the equipment is ordered. Each data sheet or catalog in the
submission shall be indexed according to specification section and paragraph for easy reference.
After written approval is received by the Contractor, submission shall become a part of the
Contract and may not be deviated from except upon written approval of the City.
Catalog data for equipment approved by the City does not in any case supersede the
Contract Documents. The acceptance by the City shall not relieve the Contractor from
responsibility for deviations from the Specifications, unless he has called the City's attention, in
writing, to such deviations at the time of submission, nor shall it relieve him from responsibility
for errors of any sort in the items submitted. The Contractor shall check the work described by the
catalog data with the Contract Documents for deviations and errors.
It shall be the responsibility of the Contractor to insure that items to be furnished fit the
space available. He shall make necessary field measurements to ascertain space requirements,
including those for connections, and shall order such sizes and shapes of equipment that the field
installation shall suit the true intent and meaning of the Specifications.
Where equipment requiring different arrangement of connections from those shown is
approved, it shall be the responsibility of the Contractor to install the equipment to operate
properly, and in harmony with the intent of the Specifications, and to make all changes in the
Work required by the different arrangement of connections at his own expense.
4.10 SUBSTITUTION OF EOUIPMENT AND/OR MATERIAL
After the execution of the Contract Agreement, the substitution of equipment and/or
material for that specified will be considered if:
(a) The equipment and/or materials proposed for substitution is determined by the
City to be equal or superior to that specified in the Contract;
(b) Unless determined to be of superior quality, the equipment and/or material
proposed for substitution is less expensive than that specified and that such savings to the City, as
proposed by the Contractor, are submitted with the request for substitution. If the substitution is
approved, the Contract price shall be reduced accordingly; and
(c) The equipment and/or material proposed for substitution is readily available and
its delivery and use, if approved as a substitution, will not delay the scheduled start and
completion of the specified work for which it is intended or the scheduled completion of the
entire work to be completed under the contract.
No request will be considered unless submitted in writing to the City and approval by the
City must also be in writing. To receive consideration, requests for substitutions must be
accompanied by documentary proof of the actual difference in cost to the Contractor in the form
of quotations to the contractor covering the original equipment and/or material, and also
equipment and/or material proposed for substitution or other proof satisfactory to the City. It is
the intention that the City shall receive the full benefit of the saving in cost involved in any
substitution unless the item is substituted for one designated in the Specifications by specific
manufacturer's name and type, in which case one-third of the savings shall accrue to the benefit
of the Contractor.
In all cases, the burden of proving adequate proof that the equipment and/or material
offered for substitution is equal or superior in construction and/or efficiency to that named in the
Contract shall rest on the Contractor and the proof will be submitted to the City. Request for
substitution of equipment and/or material which the Contractor cannot prove to the satisfaction of
the City, at its sole discretion and judgment, to be equal or superior in construction and/or
efficiency to that named in the Contract will not be approved.
5.0 MATERIALS AND WORKMANSHIP
5.1 MATERIALS FURNISHED BY THE CONTRACTOR
All materials and equipment used in the Work shall meet the requirements of the
respective Specifications, and shall not be used until it has been approved in writing by the City.
Wherever the specifications call for an item of material or equipment by a manufacturer's name
and type, and additional features of the item are specifically required by the specifications, the
additional features specified shall be provided whether or not they are normally included in the
standard manufacturer's item listed.
Wherever the specifications call for an item of material or equipment by a manufacturer's
name and type, and the specified item becomes obsolete and is no longer available, the Contractor
shall provide a substitute item of equal or superior quality and performance which is acceptable to
the Engineer and City and is currently available, at no increase in Contract price.
5.2 STORAGE OF MATERIAL$
Materials and equipment shall be stored so as to incur the preservation of their quality
and fitness for the Work. When considered necessary, they shall be placed on wooden platforms
or other hard clean surfaces, and not on the ground, and/or they shall be placed under cover.
Stored materials and equipment shall be located so as to facilitate prompt inspection. Private
property zoned for or adjacent to land zoned for residential uses shall not be utilized for storage
purposes without special prior arrangement.
5.3 REJECTED WORK AND MATERIAL
Any materials, equipment or work which does not satisfactorily meet the Specifications
may be condemned by the Engineer or City by giving a written notice to the Contractor. All
condemned materials; equipment or work shall be promptly taken out and replaced.
All materials and equipment which do not conform to the requirements of the Contract
Documents, are not equal or superior to samples approved by the Engineer and City, or are in any
way unsatisfactory or unsuited to the purpose, for which they are intended, shall be rejected. Any
defective work whether the result of poor workmanship, use of defective materials, damaged
through carelessness or from other cause shall be removed within ten (10) days after written
notice is given by the City, and the work shall be re -executed by the Contractor. The fact that the
Engineer or the City may have previously overlooked such defective work shall not constitute an
acceptance of any part of it. Should the Contractor tail to remove rejected work or materials
within ten (10) days after written notice to do so, the City may remove them and may store the
materials and equipment. Satisfaction of warranty work after final payment shall be in accordance
with Paragraph 10.15.
5.4 MANUFACTURER'S DIRECTION
Manufactured articles, materials and equipment shall be applied, installed, connected,
erected, used, cleaned, and conditioned as directed by the manufacturer unless herein specified to
the contrary.
5.5 CUTTING AND PATCHING
The Contractor shall do all necessary cutting and patching of the Work that may be
required to properly receive the work of the various trades or as required by the Plans and
Specifications to complete the Work. Contractor shall restore all such cut or patched work as
directed by the Engineer or the City. Cutting of existing structures that could endanger the Work,
adjacent property, workmen or the public shall not be done unless approved by the Engineer and
under Engineer's surveillance, or the City's designee.
5.6 CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of waste
materials or rubbish caused by its employees or work. At the completion of the Work, contractor
shall remove all rubbish, tools, scaffolding and surplus materials and shall leave the Work
"broom clean" or its equivalent, unless more exactly specified, and shall insure that all debris and
other unsightly objects are removed and disposed of in a satisfactory manner. At no additional
expense to the City, the Contractor will restore to their original conditions or better, as nearly as
practicable, those portions of the site not designated for alteration and all such property, structure,
utilities, landscaping, etc., disturbed or damaged during the prosecution of the Work. Final
payment will be withheld until such clean up and repairs are completed
The Work will be considered complete only after all debris and unused material due to or
connected with the Work have been removed and the surrounding area left in a condition
satisfactory to the City. In the event the City finds that the Contractor has not complied in
keeping the job site clean, the City may, after twenty-four (24) hours written notice to the
Contractor to correct the situation, elect to have the job site cleaned by an independent labor
force. The cost of cleaning by said independent labor force shall be deducted from moneys due
the Contractor.
5.7 CITY'S OWNERSHIP OF MATERIALS
Any and all materials, whether structural or natural, found within the limits of the project
remain the property of the City unless City ownership is specifically conveyed to the Contractor.
All material, equipment and work become the sole property of the City as installed. These
provisions shall not be construed as relieving the Contractor from the sole responsibility for all
materials and work for which payments have been made, for the restoration of damaged work, or
as a waiver of right of the City to require the fulfillment of all the terms of the Contract.
5.8 GUARANTEE
The Contractor shall warrant all its material and equipment furnished and work
performed for a period of one (1) year from the date of final written acceptance of the Work by
City. Satisfaction of warranty work after final payment shall be as per Paragraph 10.15. All
equipment and material warranties or guarantees shall be drawn in favor of the City and the
originals thereof furnished to the Engineer for review and acceptance prior to final payment.
Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims
of breach of contract due to substandard materials or workmanship, nor shall such warranty
period shorten the statute of limitations for bringing a breach of contract or other action based
upon any such deficiencies.
6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR
6.1 PERSONNEL. EOUIPMENT AND RECORD REOUIREMENTS
Adequate field notes and records shall be available for review by the City and Engineer
as the Work progresses and copies shall be available if necessary. Any inspection or checking of
the Contractor's field notes or layout work by the City and the acceptance of all or any part
thereof, shall not relieve the Contractor the responsibility to achieve the lines, grades and
dimensions shown in the Plans and Specifications.
Prior to final acceptance of the project, the Contractor shall mark in a permanent manner
on the surface of the completed Work all control points shown on the Plans.
6.2 CONTROL POINTS FURNISHED BY THE CITY
The City will provide boundary or other control points and bench marks as shown on the
Plans as "Contractor's Survey Contra] Point", if any is provided. The Contractor shall be
responsible for all survey control of his work during construction. The Contractor shall preserve
all reference points and benchmarks furnished by the City.
6.3 FURNISHING OF STAKE MATERIALS
The Contractor shall furnish all stakes, templates and other materials necessary for
establishing and maintaining the lines and grades necessary for control and construction of the
Work. The cost for surveying and staking shall be included in the various bid items and no
additional compensation.
6.4 LAYOUT OF WORK
Utilizing the control points furnished by the City in accordance with Paragraph 6.2, the
Contractor shall establish all horizontal and vertical controls necessary to construct the Work in
conformance with the Specifications. The Work shall include performing all calculations required
and setting all stakes needed such as grade stakes, offset stakes, reference point stakes, slope
stakes, and other reference marks or points necessary to provide lines and grades for construction
of all contract items. Survey notes indicating the information and measurements used in
establishing locations and grades shall be kept in notebooks and famished to the Engineer with
the records for the Project.
6.5 SPECIFIC STAKING REOUMEMENTS
Stakes to establish lines and grades shall be set at appropriate intervals to assure that the
Project is constructed to meet the lines and grade per Specifications. For construction stakes and
other control, references shall be set at sufficiently frequent intervals to assure that all
components of a structure are constructed in accordance with the lines and grades. Any staking
and surveying required to set the building or prepare the site will be the responsibility of the
contractor with no additional compensation.
6.6 PAYMENT
The cost of performing layout work as described above shall be included in the contract
prices for the various items of work to which it is incidental.
6.7 COORDINATION WITH CITY
The City's recorded subdivision plats shall be considered correct. The distance, bearing
and curve information provided shall be used by the Contractor's surveyor to establish alignment
throughout construction. All surveying activities will be coordinated with the City's surveyor as
needed for proper completion of all work on the site.
6.8 LOCATION OF EXISTING UTILITIES AND PIPING
All existing underground utilities, such as telephone, cable television and electrical cables
must be located by the Contractor prior to starting work. The Contractor shall contact the
Utilities at least 48 hours prior to commencing any work within the project area There may be
other utilities within the project area.
The cost of substantiating the location of utilities shall be bome by the Contractor and
included in the bid price. The Contractor shall be responsible for the repair and/or replacement of
any damage caused to utilities by Contractor forces during the course of construction. Utilities
deemed to require relocation shall be identified by the Contractor prior to commencing work.
The Contractor shall notice the City of the conflict and seek direction from the City prior to
proceeding with work. Directions from the City may be to proceed despite conflict, place work
order on hold and commence work at a different location, or relocate utilities under separate
contract with the utility or a change order to be directed by the City.
7.0 PROGRESS AND COMPLETION OF WORK
7.1 CONTRACTOR'S OBLIGATION
Contractor shall supervise and direct the Work, using Contractor's best skill and attention.
Contractor shall be solely responsible for and have control over construction means, methods,
techniques, sequences and procedures and for coordinating all portions of the Work under this
Contract, unless the Contract Documents give other specific instructions concerning these
matters.
Unless otherwise provided in the Contract Documents, Contractor shall provide and pay
for labor, materials, equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services necessary for the proper execution and
completion of the Work, whether temporary or permanent and whether or not incorporated or to
be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor
shall pay all sales, use and other similar taxes.
Contractor shall enforce strict discipline and good order among Contractor's employees
and other persons carrying out the Work. Contractor shall not permit employment of unfit
persons or persons not skilled in tasks assigned to them. Contractor currently holds and shall
maintain at all times during the term of this Contract all required federal, state and local licenses
necessary to perform the Work required under the Contract Documents.
Contractor shall be responsible to the City for the acts and omissions of Contractor's
employees, Subcontractors and their agents and employees, and other persons performing
portions of the Work under a contract with Contractor. Contractor shall indemnify, defend and
hold City harmless from all claims arising out of or related to its performance of the Work except
for acts arising solely from the active negligence of the City.
7.2 START OF CONSTRUCTION
The Contractor shall commence work on the date specified in the Notice to Proceed
subsequently issued by the City, or as specifically noted in any Contract Addendum. However, in
no case shall the Contractor commence work until the City has been furnished and acknowledges
receipt of the Contractor's Certificates of Insurance and a properly executed performance and
payment bond as required.
7.3 CONTRACT TIME
The contractor shall complete, in an acceptable manner, all of the Work in the time stated
in the Contract Agreement and any Addenda or Change Orders thereto. The contract time is 30
consecutive calendar days for any road segment from start of work date (NTP).
7.4 SCHEDULE OF COMPLETION
The Contractor's schedules are subject to the approval of the City, which shall not be
unreasonably withheld, and shall reflect a logical sequence of the various components of work
and the anticipated rates of production necessary to complete the Work on or before the
completion date. Said schedules shall be submitted within ten (10) days of the execution of the
agreement by the City except when requested otherwise and shall be updated and resubmitted to
the City on the twenty-fifth (25th) day of every month with the Contractor's pay request.
7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFF.RENCF.
The Contractor shall coordinate its work with other contractors, the City, and utilities to
assure orderly and expeditious progress of work.
The City shall hold a pre -construction conference at Sebastian City Hall at a time/date
mutually agreed upon with the Contractor after the Contract has been awarded and fully executed.
7.6 PROPERTY OF OTHERS
A. Public Ownership
The Contractor shall be responsible for the preservation of all public property, trees, monuments,
etc., along and adjacent to the street and/or right-of-way, and shall use every precaution necessary
to prevent damage or injury thereto. He shall use suitable precautions to prevent damage to pipes,
conduits and other underground structures, and shall protect carefully from disturbance or
damage all monuments and property marks until a land surveyor has witnessed or otherwise
referenced their location and shall not remove them until so directed by the Engineer, or designee,
in writing. The City shall remove and relocate all traffic control signs as required.
B. Private Ownership
Mail and newspaper boxes, sprinkler systems, ornamental shrubs, lawn ornaments, house
numbers, fences, etc. may be removed and relocated by the property owners. The City will not
remove, relocate, or re -install mail boxes, sprinkler systems, ornamental shrubs, etc. belonging to
a private property owner. However, should such items not be removed or relocated by the start of
construction, the Contractor shall remove the objects, in a manner which does not damage or
injure the objects at no extra cost to the City, which interfere with the construction of the Project
and place them on the property owner's front lawn just outside the project limits. Otherwise, the
Contractor shall not enter upon private property for any purpose without obtaining permission
from the property Owner thereof. Where extensive intrusions upon private property are required
for construction, the City and Contractor shall cooperate to obtain Temporary Construction
Easements from the landowner.
7.7 PROTECTION OF EXISTING UTILITIES AND FACILITIES
All utilities and all structures of any nature, whether below or above ground, that may be
affected by the Work but are not required to be disturbed or relocated by the very nature of the
project, shall be protected and maintained by the Contractor and shall not be disturbed or
damaged by Contractor forces during the progress of the Work; provided that, should the
Contractor disturb, disconnect or damage any utility or any structure, all expenses of whatever
nature arising from such disturbance or the replacement or repair and testing thereof shall be
borne by the Contractor.
7.8 CROSSING PUBLIC FACILITIES
When new construction crosses highways, railroads, streets or similar public facilities
under the jurisdiction of state, county, city, or other public agency or private entity, the City
through the Engineer shall secure written permission prior to the commencement of construction
of such crossing. The Contractor will be required to furnish evidence of compliance with
conditions of the permit from the proper authority before final acceptance of the Work by City.
Road closures are governed by Paragraph 8.3.
7.9 CHANGES IN THE WORK
The City may order changes in the Work through additions, deletions or modifications
without invalidating the Contract; however, any change in the scope of work or substitution of
materials shall require the written approval of the City. Compensation and time of completion
affected by the change shall be adjusted at the time of ordering such change. New and unforeseen
items of work found to be necessary and which cannot be covered by any item or combination of
items for which there is a contract price shall be classed as changes in the Work. The Contractor
shall do such changes in the Work and furnish such materials, labor and equipment as may be
required for the proper completion of construction of the work contemplated. In the absence of
such written order, no claim for changes in the Work shall be considered. Changes in the Work
shall be performed in accordance with the Specifications where applicable and work not covered
by the specifications or special provisions shall be done in accordance with specifications issued
for this purpose. Changes in the Work required in an emergency to protect life and property shall
be performed by the Contractor as required.
7.10 EXTENSION OF CONTRACT TIME
No extension of time shall be valid unless given in writing by the City. No monetary
compensation shall be given for such delay. A delay beyond the Contractor's control occasioned
by an "Act of God" may entitle the Contractor to an extension of time in which to complete the
Work as determined by the City provided, however, the Contractor shall immediately give written
notice to the City of the cause of such delay.
"Rain day" extensions shall be granted upon written request of the Contractor to the
City's Project Manager when said Project Manager determines that weather conditions make it
counterproductive to work on said days. "Rain day" requests must be submitted at the end of each
work week or be waived, and the cumulative "rain day" extensions granted shall be processed as
a Change Order with each pay submittal.
In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractor
shall be granted an extension of time to complete the Work for as many calendar days as the
Work was suspended; except, however, that the Contractor will not be granted an extension of
time to complete the Work if the suspension was caused by a fault of the Contractor.
7.11 CORRECTION OF WORK
Contractor shall, at no cost to the City, promptly correct Work failing to conform to
requirements of the Contract Documents, whether observed before or after completion of the
Work and whether or not fabricated, installed or completed, and shall correct any Work found to
be not in accordance with the requirements of the Contract Documents within a period of one (1)
year from the date of completion of the Work or by the terms of an applicable special warranty
required by the Contract Documents. The provisions of this Paragraph apply to the Work done
by Subcontractors as well as to the Work done by direct employees of Contractor.
Nothing contained in this Paragraph shall be construed to establish a period of limitation
with respect to other obligations which Contractor might have under the Contract Documents.
Establishment of the time period of one (1) year as described in Subparagraph 7.1l(a) above
relates only to the specific obligation of Contractor to correct the Work, and has no effect on the
time within which the obligations of the Contract Documents may be enforced, nor to the time
within which proceedings may be commenced to establish Contractor's liability with respect to
Contractor's remaining contractual obligations.
7.12 LIOUIDATED DAMAGES
In the event Contractor violates or fails to perform any provision of the Contract
Documents, then the City may elect to receive, and Contractor agrees to pay, liquidated damages
in the amount of three hundred dollars ($300) per day beyond the agreed completion date.
Inspection of the Work by the City and the subsequent issuance of a notice by the City indicating
substantial completion will be the date used to signify work completion. If completion is beyond
the schedule agreed upon, liquidated damages may be imposed by the City on the Contractor and
will be withheld from payment.
It is expressly acknowledged by Contractor that said payment shall not be interpreted nor
construed as a penalty but is in fact a good faith attempt to fix damages which the City will suffer
in the event Contractor fails to perform as required hereunder or violates any provision of the
Contract Documents.
8.0 PUBLIC HEALTH AND SAFETY
8.1 PROTECTION OF PERSONS AND PROPERTY
The Contractor shall submit, for the City's approval, a project safety and security plan which
describe the Contractor's plans and procedures to protect the safety and property of property
owners, residents, and passers-by. The plan shall describe measures and precautions to be taken
during working hours and non -working hours.
A. Safety Precautions and Programs
The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work in accordance with the U.S. Department
of Labor Occupational Safety and Health Act and the laws of the State of Florida.
This Contract requires that the Contractor and any and all subcontractors hired by the
Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure
to comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse the
City for any fines and/or court costs arising from penalties charged to the City for violations of
OSHA committed by the Contractor or any and all subcontractors.
B. Safety of Persons and Property
The Contractor shall take all reasonable precautions for the safety of, and shall provide
all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all
other persons who may be affected thereby; all the work materials and equipment to be
incorporated therein, whether in storage on or off the project site, under the care, custody or
control of the Contractor or any of his subcontractors; and other property on the project site or
adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and
utilities not designated for removal, relocation or replacement in the course of construction.
The Contractor shall be held fully responsible for such safety and protection until final
written acceptance of the Work. Fire hydrants on or adjacent to the Work shall be kept accessible
to fire -fighting equipment at all times. Temporary provisions shall be made by the Contractor to
insure the proper functioning of all swales, gutters, sewer inlets, drainage ditches and irrigation
ditches, which shall not be obstructed except as approved by the City. The Contractor
acknowledges that, in executing the Project, it will operate machinery and equipment that may be
dangerous to the adjacent property owners and the general public. The Contractor will be required
to conduct excavations for the Project that may be hazardous to person and property. The
Contractor shall develop and implement a job safety and security plan that will adequately protect
all property and the general public. Contractor shall rigorously prohibit the committing of
nuisances on the site of the Work, on the lands of the City or an adjacent property.
8.2 TRAFFIC CONTROL
All safety precautions, traffic control, and warning devices necessary to protect the public
and workmen from hazards within the right-of-way shall be in strict accordance with SECTION
102, MAINTENANCE OF TRAFFIC, in the Florida Dept. of Transportation (FDOT) Sid. The
State of Florida Manual of Traffic Control and Safe Practices for Street and Highway
Construction, Maintenance and Utility Operations Specifications for Road and Bridge
Construction, latest edition shall be used as minimum standards, as applicable. Further, the
Contractor shall carry on the Work in a manner that will cause the least possible obstruction and
interruption in traffic, and the least inconvenience to the general public and the residents in the
vicinity of the work.
8.3 ROAD CLOSURE AND DETOURS
Local traffic shall be maintained within the limits of the Project for the duration of the
construction period. Closing to through travel of more than two (2) consecutive blocks, including
the cross street intersected will not be permitted without specific authorization of the City. No
road or street shall be closed to the public except with the permission of the City and proper
governmental authority. When closing of roads is permitted, it shall require forty-eight (48) hours
notification to the City. Traffic detours shall be pre -approved prior to closing. "Street Closed to
through Traffic" signs and "Detour" routes shall be indicated and maintained by the Contractor
when the job is located in a public or private street.
8.4 PROVISION OF ACCESS
Where traffic must cross open trenches, the contractor shall provide adequate ingress and
egress to dwellings, business facilities, utilities and service. Temporary provisions shall be made
by the Contractor to insure the use of sidewalks. The Contractor shall provide suitable crossings
at street intersections and driveways, and supply such aid as may be required for pedestrians and
motorists, including delivery vehicles, to safely negotiate the construction areas. On completion
of Work within any area, the Contractor shall remove all debris, excess materials, barricades and
temporary Work leaving walkways and roads in said area clear of obstructions.
8.5 WARNING SIGNS AND BARRICADES
The Contractor shall provide adequate signs, barricades, warning lights and flagmen, as
required, and all such other necessary precautions for the protection of the Work and the safety of
the public. All barricades and obstructions shall be protected at night by regulatory signal lights
which shall be kept in operation from sunset to sunrise. Barricades shall be of substantial
construction and shall be reflective to increase their visibility at night. Suitable warning signs
shall be so placed and illuminated at night as to show in advance where construction, barricades
or detours exist. Unless so designated in the Bid Documents, no direct payment for this work will
be made, but the cost of providing, erecting and maintaining such protection devices, including
guards, watchmen and/or flagmen as required shall be considered as included and paid for in the
various contract prices of the Work. Warning signs and barricades shall be in conformance with
the State of Florida, Manual of Traffic Control and Safe Practices for Street and Highway
Construction, Maintenance and Utility Operations, latest edition.
The Contractor shall provide and maintain adequate barricades, construction signs,
torches, flashers, guards and flagmen as required in pedestrian and vehicular traffic areas.
Regulations of local authorities shall be compiled with. Advance warning signs are required on
all streets where work is being conducted. Lane closures shall be signed and barricaded or coned
as indicated in aforementioned FDOT Index. Flagmen may be required where traffic and length
of lane closure warrant them. Where such a plan is needed, Contractor shall submit and obtain
approval of their traffic control plan by the City.
8.6 OPEN TRENCHES
The Contractor shall fully comply with Florida Statutes and OSHA regulations with
regard to open trenches during construction. The Contractor shall be place construction hazard
fencing along any open trenches during the construction work -day, and shall leave no open
trenches or excavations over -night unless properly fenced and with the specific approval of the
Engineer or the City.
8.7 PLACEMENT OF HEAVY EOUIPMENT
The Contractor shall not leave construction equipment parked in front of or on a
residential lot overnight or on weekends. At the close of work each day, the equipment shall be
driven to and stored in a designated area so that the equipment will not become an "attractive
nuisance" to neighborhood children. All equipment left unattended during the course of working
day, such as during lunch hours or work breaks, shall not be left in a condition or location which
would create a safety hazard to the general public. All keys shall be removed from the machines
during those times.
8.8 TEMPORARY FACILITIES AND CONTROLS
The Contractor shall provide controls for sanitary facilities, environmental protection and
safety controls on site acceptable to the Florida Department of Health and Rehabilitative Services,
Department of Environmental Protection, and St. Johns River Water Management District.
8.9 SANITARY PROVTSTON
The Contractor shall provide and maintain such sanitary accommodations adequate for
the use of his employees and those of his subcontractors, and as may be necessary to comply with
the requirements and regulations of the local and state departments of health. Such facilities shall
be made available when the first employees arrive on site of the Work, shall be properly secluded
from public observation, and shall be constructed and maintained during the progress of the Work
in suitable numbers and at such points and in such manner as may be required or approved. The
Contractor shall maintain the sanitary facilities in a satisfactory and sanitary condition at all times
and shall enforce their use. The City shall have the right to inspect such facilities at all times to
determine whether or not they are being properly and adequately maintained. Following the
period of necessity for such accommodations, they and all evidence affixed thereto shall be
removed.
8.10 WATER AND ELECTRIC SUPPLY
The Contractor shall make all necessary applications and arrangements, and pay all fees
and charges for water and electrical service necessary for the proper completion of the Project up
to the time of final acceptance. The Contractor shall provide and pay for any temporary piping
and connections.
8.11 NOISE CONTROL.
The Contractor shall provide adequate protection against objectionable noise levels
caused by the operation of construction equipment, and shall submit a plan to the Engineer for
review prior to initiation and implementation of the plan.
8.12 DUST CONTROL
The Contractor shall provide for adequate protection against raising objectionable dust
clouds caused by moving construction equipment, high winds or any other cause, and shall
submit a plan to the Engineer for review prior to initiation and implementation of the plan.
8.13 WATER CONTROL
The Contractor shall provide for satisfactory disposal of surplus water and shall submit a
plan to the Engineer for review prior to initiation and implementation of the plan. Prior approval
shall be obtained from the proper authorities for the use of public or private lands or facilities for
such disposal.
8.14 POLLUTION. SILTATION AND EROSION CONTROL
The Contractor shall provide for and take sufficient precautions to prevent pollution of
private and public lands, reservoirs, ponds, rivers, streams, creeks, etc., by the disposal of surplus
materials in the forms of solids, liquids or gases including, but not limited to, fuels, oils bitumen,
calcium chloride or other harmful materials.
Contractor shall conduct and schedule Work operations so as to avoid or otherwise
minimize pollution or silting of streams, lakes and reservoirs and to avoid interference with
movement of migratory fish where there is a high potential for erosion and subsequent water
pollution.
Erosion control features shall be constructed concurrently with other work and at the
earliest practicable time.
The Contractor shall prepare a detailed description of Contractor's plan for Erosion and
Turbidity Control, including location of erosion control and turbidity control devices, marked on
a plan set as needed for clarity. The erosion and turbidity control shall meet the requirements of
the St. John's River Water Management District and the applicable City's NPDES program for
control of discharge of Total Suspended Matter, and shall prevent water and wind erosion of open
excavations and swales.
ARTICLE III - Supervision and Administration
9.0 ENGINEER, CITY, CONTRACTOR RELATIONS
9.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY
All work done shall be subject to the construction review of the Engineer -of -Record and
the City. Any and all technical questions which may arise as to the quality and acceptability of
materials furnished, work performed, or work to be performed, interpretation of Specifications
and all technical questions as to the acceptable fulfillment of the Contract on the part of the
Contractor shall be referred to the Engineer who will resolve such questions.
9.2 ENGINEER'S DECISION
All claims of a technical nature of the City or Contractor shall be presented to the
Engineer -of -Record for resolution.
9.3 SUSPENSION OF WORK
The City shall have the authority to suspend the Work wholly or in part, for such periods
as may be deemed necessary and for whatever cause, to include but not be limited to, unsuitable
weather or such other conditions as are considered unfavorable for prosecution of the Work,
failure on the part of the Contractor to carry out the provisions of the Contract or to supply
materials meeting the requirements of the Specifications, or the action of a governmental agency,
by serving written notice of suspension to the Contractor. In the event that the Engineer shall
become aware of any condition which may be cause for suspension of the Work, the Engineer
shall immediately advise the City of such condition. The Contractor shall not suspend operations
under the provisions of this Paragraph without the City's permission.
9.4 CONSTRUCTION REVIEW OF WORK
All materials and each part or detail of the Work shall be subject at all times to
construction review by the Engineer and the City. The Engineer and the City may appoint
inspectors. The Contractor will be held strictly to the true intent of the Specifications in regard to
quality of materials, workmanship, and the diligent execution of the Contract. Such construction
review may include mill, plant, or shop inspection, and any material furnished under the
Specifications is subject to such inspection. The Engineer and the City shall be allowed access to
all parts of the Work and shall be furnished with such information and assistance by the
Contractor as is required to make a complete and detailed review. The City shall not be
responsible for the acts or omissions of the Contractor.
9.5 FIELD TESTS AND PRELIMINARY OPERATION
The Contractor shall perform the work of placing in operation all equipment installed
under this Contract, except as specifically noted hereinafter. The Contractor shall make
adjustments necessary for proper operation.
The Contractor shall provide construction labor required for preliminary operation of the
equipment installed under this Contract.
The Contractor shall notify the City when work is considered to be complete, in operating
condition, and ready for inspection and any testing, if needed. Further inspection requirements
may be designated in the Technical Specifications on the pavement.
The City will conduct tests it deems necessary to determine if the Work functions
properly. Arrangements for testing laboratory services will be made by the City. Payment for
testing to show compliance with specified requirements will be paid for by the City. The cost of
retesting when materials and workmanship fail to meet specified requirements will be deducted
from moneys due the Contractor.
9.6 EXAMINATION OF COMPLETED WORK
The City may request an examination of completed work of the Contractor at any time
before acceptance by the City of the Work and shall remove or uncover such portions of the
finished work as may be directed. After examination, the Contractor shall restore said portions of
the Work to the standard required by the Specifications. Should the work thus exposed or
examined prove acceptable, the uncovering or removing and the replacing of the covering or
making good of the parts removed shall be paid for as extra work, but should the work so exposed
or examined prove unacceptable, the uncovering, removing and replacing shall be at the
Contractor's expense.
9.7 CONTRACTOR'S SUPERINTENDENT
A qualified superintendent, who is acceptable to the City, shall be maintained on the
project and give sufficient supervision to the Work until its completion. The superintendent shall
have full authority to act on behalf of the Contractor, and all communications given to the
superintendent shall be considered given to the Contractor. In general, such communications shall
be confirmed in writing and always upon written request from the Contractor.
9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES
Upon failure of the contractor to perform the work in accordance with the Contract
Documents, including any requirements with respect to the Schedule of Completion, and after
five (5) days written notice to the Contractor, the City may, without prejudice to any other
remedy he may have, correct such deficiencies. The Contractor shall be charged all costs incurred
to correct deficiencies.
9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK
In the event of any default by the Contractor, the City shall have the right to immediately
terminate the Contract upon issuance of written notice of termination to the Contractor stating the
cause for such action. This Agreement may be terminated by the City without cause provided at
least thirty (30) days written notice of such termination shall be given to the Contractor. In the
event of termination, the City may take possession of the Work and of all materials, tools and
equipment thereon and may finish the Work by whatever method and means it may select.
It shall be considered a default by the Contractor whenever Contractor shall:
(a) Declare bankruptcy, become insolvent or assign his assets for the benefit of his
creditors.
(b) Disregard or violate the provisions of the Contract Documents or City's written
instructions, or fail to prosecute the Work according to the agreed schedule of completion
including extensions thereof.
(c) Fail to provide a qualified superintendent, competent workmen or subcontractors,
or proper materials, or fail to make prompt payment for same.
9.10 RIGHTS OF VARIOUS INTERESTS
Wherever work being done by the City's forces or by other contractors is contiguous to
work covered by the Contract, the respective rights of the various interests involved shall be
established by the City, to secure the completion of the various portions of the Work in general
harmony.
9.11 SEPARATE CONTRACTS
The City may let other contracts in connection with the Work of the Contractor. The
Contractor shall cooperate with other Contractors with regard to storage of materials and
execution of their work. It shall be the Contractor's responsibility to inspect all work by other
contractors affecting Contractor's work and to report to the City any irregularities that will not
permit completion of work in a satisfactory manner.
Contractor's failure to notify the City of such irregularities shall indicate the work of
other contractors has been satisfactorily completed to receive related work. It shall be the
responsibility of the Contractor to inspect the completed work in place and report to the Engineer
immediately any difference between completed work by others and the Plans.
9.12 SUBCONTRACTS AND PURCHASE ORDERS
Prior to signing the Contract or at the time specified by the City, the Contractor shall
submit in writing to the City the names of the subcontractors proposed for the Work.
Subcontractors may not be changed except at the request or with the approval of the City. The
Contractor is responsible to the City for the acts and omissions of its subcontractors and their
direct or indirect employees, to the same extent as he is responsible for the acts and omissions of
its employees. The Contract Documents shall not be construed as creating a contractual relation
between any subcontractors and the City. The Contractor shall bind every subcontractor by the
terms of the Contract Documents.
For convenience of reference and to facilitate the letting of contracts and subcontracts,
the Specifications are separated into title sections. Such separations shall not, however, operate to
make the Engineer or City an arbiter to establish limits to the contracts between the Contractor
and subcontractors.
9.13 WORK DURING AN EMERGENCY_
The Contractor shall perform any work and shall furnish and install materials and
equipment necessary during an emergency endangering life or property. In all cases, Contractor
shall notify the Engineer and City of the emergency as soon as practicable, but shall not wait for
instructions before proceeding to properly protect both life and property.
9.14 ORAL AGREEMENTS
No oral order, objection, claim or notice by any party to the others shall affect or modify
any of the terms or obligations contained in any of the Contract Documents, and none of the
provisions of the Contract Documents shall be held to be waived or modified by reason of any act
whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no
evidence shall be introduced in any proceeding of any other waiver or modification.
9.15 NIGHT. SATURDAY AND/OR SUNDAY WORK
No night or Saturday and Sunday work will be permitted, except in case of emergency, or
with prior approval from City. This clause shall not pertain to crews organized to perform
restoration work which needs no verifying inspection, maintenance work on equipment, or to
operate and maintain special equipment such as dewatering pumps which may be required to
work 24 hours per day. All such night, Saturday and/or Sunday work must be authorized by the
City.
9.16 UNAUTHORIZED WORK
Work done without lines and grades having been established, work done without proper
inspection, or any changes made or extra work done without written authority will be done at the
Contractor's risk_ and will be considered unauthorized, and, at the option of the City, may not be
measured and paid for.
9.17 USE OF COMPLETED PORTIONS OF THE WORK
The City shall have the right to use, occupy, or place into operation any portion of the
Work that has been completed sufficiently to permit safe use, occupancy, or operation, as
determined by the Engineer. If such use, occupancy, or operation increases the cost of or delays
the Work, the Contractor shall be entitled to extra compensation, or an extension of time, or both,
as determined by the Engineer. However, if Contractor has failed to complete the Work in
accordance with the time requirements of the Agreement, no compensation (including set -offs to
liquidated damages) shall be allowed for such use or occupancy.
9.18 CONTRACTOR'S RESPONSIBILITY FOR WORK
Until acceptance of the Work by the City, it shall be under the charge and care of the
Contractor, and he shall take every necessary precaution against injury or damage to the Work by
the action of the elements or from any other cause whatsoever, whether arising from the
execution or from the non -execution of the Work. The Contractor shall rebuild, repair, restore and
make good, without additional compensation, all injury or damage to any portion of the Work
occasioned by any cause, other than the sole and active negligence of the City, before its
completion and acceptance.
10.0 MEASUREMENT AND PAYMENT
10.1 DETAILED BREAKDOWN OF CONTRACT
Except in cases where unit prices form the basis for payment under the Contract, the
Contractor shall submit a complete breakdown of the contract amount showing the value assigned
to each part of the Work, including an allowance for profit and overhead within ten (10) days of
the execution of the Contract by the parties. Upon approval of the breakdown of the contract
amount by the Engineer and the City, it shall be used as the basis for all requests for payment.
10.2 REOUEST FOR PAYMENT
The Contractor may submit to the City not more than once each month a request for
payment for work completed. Where applicable, the Contractor may choose to submit a request
for payment at the substantial completion of each work order. The City may elect to provide its
own form for the Contractor to submit progress payment requests. The standard form provided by
the City, or a form presented by the Contractor having received prior approval from the City, can
be used for the submittal of a progress payment.
The Contractor shall furnish the Engineer and the City all reasonable facilities required
for obtaining the necessary information relative to the progress and execution of the Work. In
addition to each months invoice, an updated project schedule shall be submitted.
Each request for payment shall be computed from the work completed to date on all
items listed in the detailed breakdown of the contract amount less previous payments and back
charges. Progress payments on account of Unit Price Work will be based on the number of units
completed at the time the payment request was dated by the Contractor. If payment is requested
on the basis of materials and equipment not incorporated in the project but delivered and suitably
stored at the site or at another location agreed to in writing, the payment request shall also be
accompanied by a bill of sale, invoice or other documentation warranty that the City has received
the materials and equipment free and clear of all liens, charges, security interests and
encumbrances, all of which shall be satisfactory to the City. No payments shall be made for
materials stored on site without approval of the City.
An amount of 10% of each monthly pay request shall be retained until final completion
and written acceptance of the Work by the City. Payment of the retainage shall be included in the
Contractor's final pay request in accordance with Paragraph 10.14. Any deviation in the release or
partial release of the 10% retainage shall be at the sole discretion of the City, but in no case
earlier than completion of the Engineer's "punch list inspection". Any request for payment shall
be accompanied by claim releases for work done or materials furnished in accordance with
Paragraph 10.13.
Prior to submission of any request for payment by the Contractor, the Engineer shall
review the request for payment to determine the following:
(a) That the work covered by the request for payment has been completed in
accordance with the intent of the Plans and Specifications.
(b) That the quantities of work have been completed as stated in the request for
payment, whether for a unit price contract or for payment on a lump -sum contract.
10.3 CITY'S ACTION ON A REOUEST FOR PAYMENT
Within thirty (30) days from the date of receipt of a request for payment the City shall do one of
the following:
(a) Approve and pay the request for payment as submitted.
(b) Approve and pay such other amount of the request for payment in accordance
with Paragraph 10.4 as the City shall decide is due the Contractor, informing the Contractor in
writing of the reasons for paying the amended amount.
(c) Disapprove the request for payment in accordance with Paragraph 10.4 informing
the Contractor in writing of the reasons for withholding payment.
10A CITY'S RIGHT TO WITHHOLD PAYMENT OF A REOUEST FOR PAYMENT
The City may withhold payment in whole or in part on a request for payment to the
extent necessary for any of the following reasons:
(a) Work not performed but included in the request for payment, or the contract
Price has been reduced by written change order.
(b) Work covered by the request for payment which is not in accordance with the
Plans, Specifications and generally accepted construction practices, including if, in the opinion of
the City, there is sufficient evidence that the Work has not been satisfactorily completed, or based
upon tests and/or inspections the work is defective or has been damaged requiring
correction or replacement.
(c) In the event of a filing of a claim or lien, or information received by City of a
potential filing of a claim or lien against the Contractor or City.
(d) Failure of the Contractor to make payments to subcontractors, material suppliers
or labor.
(e) Damage to another contractor.
(f) The City has had to correct a defect in the Work, or there are other items entitling
the City to a set-off against the amount recommended.
(g) Default of any of the provisions of the Contract Documents.
10.5 PAYMENT FOR UNCORRECTED WORK
Should the City direct, in writing, the Contractor not to correct work that has been damaged or
that was not performed in accordance with the Contract Documents, an equitable deduction from
the contract amount shall be made to compensate the City for the uncorrected work.
10.6 PAYMENT FOR REJECTED WORK AND MATERIALS
The removal of work and materials rejected under Paragraph 5.3 and the re -execution of
work by the Contractor shall be at the expense of the Contractor and the Contractor shall pay the
cost of replacing the destroyed or damaged work of other contractors by the removal of the
rejected work or materials and the subsequent re -execution of that work. In the event that City
incurs expenses related thereto, Contractor shall pay for the same within thirty (30) days after
written notice to pay is given by the City. If the Contractor does not pay the expenses of such
removal, after ten (10) days written notice being given by the City of its intent to sell the
materials, the City may sell the materials and shall pay to the Contractor the net proceeds there
from after deducting all the costs and expenses that are incurred by the City.
If the proceeds do not cover the expenses incurred by the City, such additional amounts may be
set-off against any payments due Contractor.
10.7 CHANGES IN THE WORK
A. Change Orders
If conditions require a change in the scope of work or additional work varying from the
original Plans or Specifications, such change shall be effected by the Contractor when the City
issues a written Change Order. The Change Order shall set forth in complete detail the nature of
the change, the change in the compensation to be paid the Contractor and whether it is an addition
or a reduction of the original total contract cost. Should additional or supplemental drawings be
required, they will be furnished by the Engineer.
All Change Orders shall address the impact of the change on both Contract Price / Cost
and Contract Time / Schedule.
Compensation to be paid to the Contractor for accomplishing the work of a Change Order
shall be established in one of the following ways:
(a) By lump sum proposed by the Contractor and accepted by the City.
(b) By unit prices established and agreed to.
(c) By unit prices established for additional kinds of work.
(d) By other methods as may be mutually agreed upon.
(a) By force account wherein the Contractor provides the labor and materials at
Contractor's direct cost plus 15% for overhead and profit, When the force account
method is used, the Contractor shall provide full and complete records of all costs for
review by the City.
B. Claims
Claims arising from changes or revisions made by the Contractor at the City's request
shall be presented to the City before work starts on the changes or revisions. If the Contractor
deems that extra compensation is due for work not covered herein, or in Supplemental
Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra
compensation before work begins on which the claim is based. If such notification is not given
and the City is not afforded by the Contractor a method acceptable to the City for keeping strict
account of actual cost, then the Contractor hereby waives its request for such extra compensation.
The City is not obligated to pay the Contractor if the City is not notified as described above. The
Contractor may refuse to perform additional work requested by the City until an appropriate
agreement is executed by the parties. Such notice by the Contractor and the fact that the City has
kept account of the costs as aforesaid shall not in any way be construed as proving the validity of
the claim.
10.8 CANCELED ITEMS OF WORK
The City shall have the right to cancel those portions of the contract relating to the
construction of any item provided therein. Such cancellation, when ordered by the City in writing,
shall entitle the Contractor to the payment of a fair and equitable amount covering all costs
incurred by Contractor pertaining to the canceled items before the date of cancellation or
suspension of the Work. The Contractor shall be allowed a profit percentage on the materials used
and on construction work actually done, at the same rates as provided for "Changes in the Work",
but no allowance will be made for anticipated profits. Acceptable materials ordered by the
Contractor or delivered on the site before the date of such cancellation or suspension shall be
purchased from the Contractor by the City at actual cost and shall thereupon become the property
of the City.
10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY
If the Work or any part thereof shall be suspended by the City as provided in Paragraph
9.3, the Contractor will then be entitled to payment for all work done except as provided in
Paragraph 10.4.
10.10 PAYMENT FOR WORK BY THE CITY
The cost of the work performed by the City removing construction materials, equipment,
tools and supplies in accordance with Paragraph 5.7 and in correcting deficiencies in accordance
with Paragraph 9.8 shall be paid by the Contractor.
10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION OF CONTRACT
A. Termination by City for Cause
Upon termination of the contract by the City for cause, including abandonment or termination by
Contractor, the City may enter into an agreement with others for the completion of the Work
under this Agreement and the Contractor shall be held harmless for the work of others. No further
payments shall be due the Contractor until the Work is completed and accepted by the City. If the
unpaid balance of the contract amount shall exceed the cost of completing the Work including all
overhead costs, Contractor shall be paid up to the amount of the excess balance on a quantum
merit basis for the work done prior to termination. if the cost of completing the Work shall
exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. The
cost incurred by the City as herein provided shall include the cost of the replacement contractor
and other expenses incurred by the City through the Contractor's default. In either event, all work
done, tracings, plans, specifications, maps, computer programs and data prepared by the
Contractor under this Agreement shall be considered property of the City.
B. Termination by City Without Cause
In the event the City without cause abandons, terminates or suspends this Agreement, the
Contractor shall be compensated for services rendered up to the time of such termination and any
work done or documents generated by the Contractor shall remain the property of the City.
10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY
The Contract will be considered complete when all work has been finished, the final
construction review is made by the Engineer, and the project accepted in writing by the City.
10.13 RELEASE OF CLAIMS (INTERIM/FINAL)
The Contractor shall deliver, with each request for payment, a completed Affidavit and
Release of Claim on a form supplied by the City. Also, from each supplier or subcontractor who
has notified the City of his right to file a Claim (Notice to City) or who is listed in the
Contractor's Affidavit and Release of Claim as an unpaid, potential Claimant, a Claimanf s Sworn
Statement of Account, executed by the supplier or subcontractor, must be attached to each request
for payment.
If the completed forms are not supplied with the request for payment, the City will notify
Contractor of the outstanding claims of record and, if said completed form(s) are not supplied
within thirty (30) days, the City shall make joint payments to the Contractor and outstanding
claimants.
10.14 ACCEPTANCE AND FINAL PAYMENT
When it is determined, as a result of a joint inspection of the Work by the Contractor,
City, and Engineer that the Work has been completed in accordance with the terms of the
Contract Documents, the Engineer shall certify completion of the Work to the City. At that time,
the Contractor may submit the Contractor's final request for payment. The Contractor's final
request for payment shall be the contract amount plus all approved written additions less all
approved written deductions and less previous payments made. As a condition for Final payment,
a Contractor's Final Affidavit must be received by the City along with his Final Payment Request
and any as -built drawings which may be required.
The Contractor shall furnish full and final releases of Claim for labor, materials and
equipment incurred in connection with the Work, following which the City will release the
Contractor except as to the conditions of the performance bond, any legal rights of the City,
required guarantees and satisfaction of all warranty work, and shall authorize payment of the
Contractor's final request for payment.
10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT
The making of the final payment by the City to the Contractor shall not relieve the
Contractor of responsibility for faulty materials or workmanship. The City shall promptly give
notice of faulty materials and workmanship and the Contractor shall promptly replace any such
defects discovered within one (1) year from the date of final written acceptance of the Work by
the City.
11.0 PUBLIC CONTRACT REQUIREMENTS
11.1 COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the Contractor, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual
or firm, other than a bona fide employee working solely for the Contractor, any fee, commission,
percentage, gift or any other consideration contingent upon or resulting from the award or making
of this Agreement. For the breach or violation of this paragraph, the City shall have the right to
terminate the Agreement without liability and, at its discretion, deduct from the Agreement price,
or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration.
11.2 INTEREST OF MEMBERS OF CITY AND OTHERS
No officers, members or employees of the City and no member of its governing body, and no
other public official of the governing body of the locality or localities in which services for the
facilities are situated or carried out, who exercises any functions or responsibilities in the review
or approval of the undertaking or carrying out of this project, shall participate in any decision
relating to this Agreement which affects such person's personal interest, or have any personal or
pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.
11.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING
The Contractor agrees that no Federal appropriated funds have been paid or will be paid
by or on behalf of the Contractor to any person for influencing or attempting to influence any
officer or employee of any Federal agency, a member of Congress, an officer or employee of
Congress or an employee of a member of Congress in connection with the awarding of any
Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering
into of any cooperative agreement and the extension, continuation, renewal, amendment or
modification of any Federal contract, Grant, loan or cooperative agreement.
If any funds other than Federal appropriated funds have been paid by the Contractor to
any person for influencing or attempting to influence an officer or employee of any Federal
agency, a member of Congress, an officer or employee of Congress or an employee of a member
of Congress in connection with this Agreement, the undersigned shall complete and submit
Standard Form- "Disclosure Form to Report Lobbying" in accordance with its instructions.
11.4 INTEREST OF CONTRACTOR
The Contractor covenants that he presently has no interest and shall not acquire any
interest, direct or indirect, which shall conflict in any manner or degree with the performance of
services required to be performed under this Agreement The Contractor will further covenants
that in the performance of this Agreement, no person having any such interest shall be employed.
The Contractor shall not undertake any professional work which conflicts with its duties as the
City's Contractor without the prior written consent of the City during the term of this Agreement.
Any work where the Contractor can reasonably anticipate that it may be called to testify as a
witness against the City in any litigation or administrative proceeding will constitute a conflict of
interest under this Agreement.
11.5 PUBLIC ENTITY CRIMES
The Contractor shall file the attached sworn statement which is entitled PUBLIC
ENTITY CRIMES, stating whether a person or affiliate as defined in Section 287.133 (1) Florida
Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance
with the provisions of said statute.
11.6 DRUG -FREE WORKPLACE
The Agreement documents also include the "Drug -Free Workplace Form" which is in
accordance with Florida Statute 287.089 and must be signed and instituted.
11.7 COMPLIANCE WITH LAWS
Contractor shall comply with all applicable federal laws that in any way regulate or
impact the Work, including, but not limited to, The Clean Air Act (42 USC §7506(c)), The
Endangered Species Act (16 USC §1531, et seq.), Executive Order No. 11593, Executive Order
No. 11988, Executive Order No. 11990, The Fish and Wildlife Coordination Act (PL 85-624),
The Safe Water Drinking Act Section 1424(e) (PL 93-523, as amended), The Wild and Scenic
Rivers Act (PL 90-542, as amended), The Demonstration Cities and Metropolitan Development
Act of 1966 (PL 89-754), Section 306 of The Clean Air Act, Section 508 of The Clean Water
Act, Executive Order No. 11738, The Civil Rights Act of 1964 (PL 88-352), The Age
Discrimination Act (PL 94-135), Section 13 of The Federal Water Pollution Control Act (PL 92-
500), Executive Order No. 11246, Executive Order No. 11625, Executive Order No. 12138,
Executive Order No. 12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and
Health Act and applicable regulations, and the Americans with Disabilities Act (PL 101-336).
11.8 INSURANCE
The Contractor agrees to carry insurance, of the types and subject to the limits as set forth
below and maintain said insurance during the life of this agreement:
(a) Workers' Compensation -Contractor shall purchase workers' compensation
insurance as required by law.
(b) Commercial General Liability - Contractor shall purchase Commercial General
Liability insurance with a combined single limit of at least $1,000,000.
(c) Commercial Auto Liability - Contractor shall purchase Commercial Auto
Liability insurance with a combined single limit of at least $1,000,000.
Further, Contractor shall maintain such insurance as is reasonably required to satisfy its
obligations under Paragraph 9.18 for the Work paid for by the City but not yet accepted.
The insurance company selected shall be A+ or better per the Bests Key Rating Guide.
The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days
written notice of their intent to cancel or terminate said insurance.
It is the full responsibility of the contractor to insure that all sub -contractors have full
insurance coverage as stated above.
The Contractor shall not commence the Work under this contract until Contractor has
obtained all the insurance required under this paragraph and certificates of such insurance have
been submitted to the City, nor shall the Contractor allow any subcontractor to commence work
on a subcontract until all insurance required has been so obtained and approved by the City. The
Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein
and in such form as shall protect Contractor and any subcontractor performing work under this
Contract, or the City, from all claims and liability for damages for bodily injury, including
accidental death, under this Contract, whether by Contractor or by any subcontractor or by any
one directly or indirectly employed by either of them.
The Contractor shall furnish to the City certificates of insurance in duplicate showing
proof of insurance, naming the City as an additional insured party, prior to the start of
construction as provided in the Contract.
11.9 BOND
The Contractor shall provide Bonds in the form prescribed by State Law, and generally as
shown in these Documents, for Performance and Payment, each in the amount of 100% of the
total contract amount.
11.10 PERMITS
All City, St. Johns River Water Management District permits and other permits necessary
for the prosecution of the Work shall be secured by the Contractor. Contractor shall secure a
building permit if required by the City's Building Official,
11.11 LAWS TO BE OBSERVED
The Contractor shall give all notices and comply with all federal, state and local laws,
ordinances, permit requirements and regulations in any manner affecting the conduct of the
Work, and all such orders and decrees as enacted by bodies or tribunals having any jurisdiction or
authority over the Work, and shall indemnify and save harmless the City and Engineer against
any expense, claim or liability arising from, or based on, the violation of any such law, ordinance,
regulation, permit requirements, order or decree, whether by Contractor or its employees. The
failure of the Contractor to adhere to any known law or regulation pertaining to furnishing
services under this Agreement shall constitute a material breach of this Agreement.
The Contractor shall keep fully informed of all existing and pending state and national
laws and municipal ordinances and regulations in any manner affecting those engaged or
employed in the Work, or in any way affecting the conduct of tribunals having any jurisdiction or
authority over the same. If any discrepancy or inconsistency is discovered in the Plans,
Specifications, or Contract for this work in relation to any such law, ordinance, regulations, order
or decree, Contractor shall forthwith report the same to the Engineer and City in writing.
Contractor shall at all times himself observe and comply with and cause all its agents,
subcontractors and employees to observe and comply with decrees; and shall protect and
indemnify the City and Engineer, their officers, employees and agents against any expense, claim
or liability arising from or based upon violation of any such law, ordinance, regulations, orders or
decree, whether by Contractor or its employees.
All building construction work alterations, repairs or mechanical installations and
appliances connected therewith shall comply with the applicable building rules and regulations,
restrictions and reservations of record, local ordinances and such other statutory provisions
pertaining to this class of work.
11.11.1 GENERAL INDEMNIFICATrON
For other and additional good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Contractor shall and does hereby indemnify, hold harmless
and defend the City of Sebastian, its officers, agents, officials, representatives and employees
against any and all liability, loss, cost, damages, expenses, claim or actions, or whatever type,
including but not limited to attorney's fees and suit costs, for trial and appeal which the City of
Sebastian, its officers, officials, agents, official representatives or employees or any other
person(s) or business entity(ies) who may hereafter sustain, incur or be required to pay, arising
wholly or in part due to any act or omission of Contractor, its agent(s), vendors, sub-
Contractor(s), representatives, servants, or employees in the execution, performance or
nonperformance or failure to adequately perform Contractor's obligations pursuant to this
contract.
12.0 MISCELLANEOUS
12.1 ADDRESSES FOR NOTICES
All notices given under or in connection with any of the Contract Documents shall be
delivered in person or by telegraph or email (confirmed) or registered or certified mail to the
parties at the address as either party may by notice designate.
12.2 WRITTEN NOTICE
Written notice shall be considered as served when delivered to the designated
representative of the Contractor and receipt acknowledged or sent by registered mail to the
individual, firm, or corporation to the business address stated in Bid Proposal. Change of
Address: It shall be the duty of each party to advise the other parties to the Contract as to any
changes in his business address until completion of the Contract.
12.3 TAXES
Contractor shall pay all sales or other taxes of any type which may be incurred in
connection with the Work hereunder, and shall reimburse the City for any such taxes paid by the
City.
12.4 TIME IS OF VITAL IMPORTANCE
It is agreed and understood that time is of vital importance with respect to the completion
date for the Work and all other provisions of the Contract Documents.
12.5 NO WAIVER OF LEGAL RIGHTS
Neither the payment for, nor acceptance of the whole or any part of the Work by the City
or representatives of the City, nor any extension of time, nor the withholding of payments, nor
any possession taken by the City, nor the termination of employment of the Contractor shall
operate as a waiver of any portion of the Contract or any power therein reserved or any right
therein reserved or any right therein provided, nor shall the waiver by the City of any of the
Contractor's obligations or duties under this Agreement constitute a waiver of any other
obligation or duty of the Contractor under this Agreement.
12.6 RIGHT TO WORK PRODUCT
No reports, data, programs or other material produced in whole or in part under this
Agreement shall be subject to copyright by the Contractor, in the United States or in any other
country. The City or its assigns shall have the unrestricted authority to publish, disclose,
distribute and otherwise use, in whole or in part, any reports, data, programs or other material
prepared under this Agreement.
All tracings, plans, specifications, maps, computer programs and data prepared or
obtained under this Agreement shall remain the property of the City. Any use of any plans and
specifications by the City except the use reasonably contemplated by the City at the time the City
entered this Agreement will be at the City's risk and Contractor, its officers, directors and
employees, will be held harmless from such use.
12.7 PUBLIC RECORDS FORM.
Contract
Name:
Project
Description:
In accordance with the requirements of Chapter 119 Florida statutes, as amended, the
contract between the City of Sebastian and the Contractor shall require the contractor to:
a) Comply with the public records law of the State of Florida, as the same may be
amended from time to time.
b) Keep and maintain public records that ordinarily and necessarily would be
required by the City in order to perform services, and
c) Provide the public with access to public records on the same terms and
conditions that the City would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law, and
e) Meet all requirements of retaining public records and transfer, at no cost, to the
City all public records in possession of the contractor upon termination of the contact and destroy
any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. All records stored electronically must be provided to the City in a format
that is compatible with the information technology systems of the City.
f) IF CONTRACTOR HAS A QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT 1-772-388-8215 / E-MAIL SWILLIAMS a@CITYOFSEBASTIAN.ORG
CITY OF SEBASTIAN, 1225 MAIN STREET SEBASTIAN, FLORIDA.
AUTH0RIZEDSIGNATU11 DATE: 01/18/18
PRINT F. Scott Fowler TITLE: Vice President
COMPANY/FIRM: Rangier Construction Industries, Inc.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed,
the day and year first above written.
01r1*3111
Ir
attejl{iertts, MMC
Clerk
(S&AL)
Approved as to Form and Content for
Reliance: 'he C'tq of Sebastian Only
City Attorney
Signed, sealed and delivered
in the
�presence
lof. • I n
N E acv L. Barber
I�X iilvvv� . II v l U�MXJ v
NAME: Leah Manoo
THE CITY OF S BASTIAN
Joseph Gn m
P
City Manager
CONTRACTOR
NAME: F. Scott Fowler
Title: Vice President
FDOT
Florida Department of Transportation
RICK SCOTT 605 Suwannee Street RACHEL D. CONE
GOVERNOR Tallahassee, FL 32399-0450 INTERIM SECRETARY
May 25, 2017
RANGER CONSTRUCTION INDUSTRIES, INC.
101 SANSBURY'S WAY
WEST PALM BEACH FL 33411
*REVISED'
RE: CERTIFICATE OF QUALIFICATION
Dear Sir/Madam:
The Department of Transportation has qualified your company for the type of work
indicated below. Unless your company is notified otherwise, this Certificate of
Qualification will expire 6/30/2018. However, the new application is due 4/30/2018.
In accordance with 3.337.14 (1) F.B. your next application must be filed within (4)
months of the ending date of the applicant's audited annual financial statements.
If your company'a maximum capacity has been revised, you can access it by logging into
the Contractor Prequalification Application System via the following link:
HMPS://fdotwpl.dot.state.fl.us/ContractorPrequalification/
Once logged in, select "View" for the moat recently approved application, and then
click the "Manage" and "Application Summary" tabs.
FDOT APPROVED WORK CLASSES:
DEBRIS REMOVAL (EMERGENCY), DRAINAGE, FENCING, FLEXIBLE PAVING, GRADING, GRASSING,
SEEDING AND SODDING, GUARDRAIL, HOT PLANT -MIXED BITUM. COURSES, INTERMEDIATE BRIDGES,
MINOR BRIDGES, PORTLAND CEMENT CONCRETE ROADWAY PAVING, ROADWAY SIGNING, SIDEWALK,
UNDERGROUND UTILITY AND RIP RAP.
You may apply for a Revised Certificate of Qualification at any time prior to the
expiration date of this certificate according to Section 14-22.0041(3), Florida
Administrative Code (F.A.C.), by accessing your most recently approved application as
shown above and choosing "Update" instead of "View." If certification in additional
classes of work is desired, documentation is needed to show that your company has done
such work with your own forces and equipment or that experience was gained with
another contractor and that you have the necessary equipment for each additional class
of work requested.
All prequalified contractors are required by Section 14-22.006(3), F.A.C., to certify
their work underway monthly in order to adjust maximum bidding capacity to available
bidding capacity. You can find the link to this report at the website shown above.
AA:cj
Sincerely,
AlaA?� nager
Contracts Administration Office
www.fdot.gov
of STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
KRACUNAS, MICHAELB
RANGER CONSTRUCTION INDUSTRIES, INC.
101 SANSSURY'S WAY
WEST PALM BEACH FL 33411
Congratulalionsl With this license you become one of the nearly
one million Floridians licensed by the Department of Business and
Professional Regulation. Our professfonefs and businesses range
from architects to yacht brokers, from boxers to barbeque
restaurants, and they keep Florida's economy strong.
Every day we work to impprove the way we do business in order
to serve you better. For information about our services, please
to gg onto www.myflorldallcense.com. There you can find more
informatlon about our divisions and the regulations that impact
you, subscribe to department newsletters and learn more about
the Department's initiatives.
Our mission at the Department Is: License Efficiently, Regulate
Fairly. We constantly strive to serve you better so that you can
serve your customers. Thank you for doing business in Florida,
and congratulations on your new flcensel
(850) 487-1395
3
212016
j11Cg RTf FIED under th e`pio`dfstans or Ch.499-Fa.
:plrl.Wdxte:,AUG 31,2016 L1Erbi'eCOGI4e0
DETACH HERE
RICK SCOTT, GOVERNOR KEN LAWSON, SECRETARY
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
h€ GENRRACCONTRACTOR
Prgedbelow IS'CERTIFIED
Under the:provisio 's of Chaptei4$..9 FS.
Expir�tfgn date: AUG 31, 2018
VaLGLf-
.
/'; KRACUNAS MICHAELB
RANGER CONSTRUCTIO p0`3TRIES INC
�01 SAOSB,URYSWX +: rN
N SST PAL?y7A0�1{L 3$411 ~
ISSUED:O6/12r2016 DISPLAYAS
s
�\�,.,,.,
SEQM LIK612MI480
_.;,�''' DEPARTMENT OF BUSINESS AND PROFESSIONAL. REGULATION
6000NSTRUCTION INDUSTRY LICENSING BOARD
,61, 2601 BLAIR STONE ROAD
TALLAHASSEE FL 32399-0783
SLADE, JAMES MIC14AEL
RANGER CONSTRUCTION INDUSTRIES INC
149 SCARBOROUGH TER
WELLINGTON FL33414
Con one[ With this license yyou become one of the nearly
one million Floridians Iicenssd by tha Department of Business and
Professional Regulation. Our professionals and businesses range
from architects to yacht brokers, from boxers to barbeque
restaurants, and they keep Florida's economy strong.
Every day we work to impprove the way we do business In order
to sere you better. For Information about our services, please
to onto www.myfloridalicense.com. There you can find more
INC mnatlon about our divisions and the regulations that impact
you, subscribe to department newsletters and team more about
the Departments initiatives.
(850) 07-1395
• i5� _ STATE OF FLORIDA
DEPARTMENT OF BUSINESS
PROFESSIONAL REGULATION AND
CUC056779 ISSUED: 0810712016
CERT UNDERGROUND & EXCAV CNTR
SLADE, JAMES MICHAEL
RANGER CONSTRUCTION INDUSTRIES INC
Our mission at the Department is: License Efficiently, Regulate
Fairly. We constantly strive to serve you better so that you can
serve your customers. Thank you for doing business In Florida, IS CERTIFIED under the provisions ofCh.469FS.
and congratulations on your now licensel EapinaUm dele : AU031.2018 LIGM070003OW
DETACH HERE
RICK SCOT f, GOVERNOR KEN LAWSON, SECRETARY
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
CUC05Mq fl
The UNDERGROUND UTILITY & EXCAVATION CO
Named below IS CERTIFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2018
SLADE, JAMES MICHAEL
RANGER CONSRUCTION IND TUSTRIES INC
149 SCARBOROUGH TER
WELLINGTON FL 33414
ff 1;4rt
ISSUED: 08107P-016 DISPLAY AS REQUIRED BY LAW SEQr L1608070003057
10,ST.
/ RI CR rCWRiS CRRFT SemngOurNelgh6ors 201 7 .�10i OTAX COLLECTOR18 LUCIE COUNTY 'St. Lucie County Local Business Tax Receipt
Facilities or machines # Rooms # Seats # Employees #100 Receipt #1799-00900009
Type of business 1799 MISC/SPECIALTY CONTRACTOR Expires SEPTEMBER 30, 2018
(SPECIALTY)
DBA name Ranger Construction Industries Business James Michael Slade
Mailing address: Range Construction Industries Business location: 4510 Glades Cut Off Rd
101 Sansbury's Way Fort Pierce, FL 34981
West Palm Bch., FL 33449
RENEWAL St Lucie County CU-CO56779
Original tax: $27.55
Penalty:
Collection cost: Total: $27.55 Paid 07/05/2017 27.55 0025-20170705-022422
Law requires this Local Business Tax Receipt to be displayed conspicuously at the place of business In such a manner that it can be open to the
view of the public and subject to Inspection by all duly authorized officers of the county, Upon failure to do so, the local business taxpayer shall
be subject to the payment of another Local Business Tax for the same business, profession or occupation.
Pursuant to Florida law, all Local Business Tax Receipts shall be sold by the Tax Collector beginning July 1 of each year and shall expire on
September 30 of the succeeding year. Those Local Business Tax Receipts renewed beginning October 1 shall be delinquent and subject to a
delinquency penalty of 10 percent for the month of October. An additional 5 percent penalty for each month of delinquency Is added until paid,
provided that the total delinquency penalty shall not exceed 25 percent of the Local Business Tax for the delinquent establishment.
In addition to the penalty, the Tax Collector Is entitled to a collection fee of $1 to $5. This fee Is based on the amount of Local Business Tax,
which will be collected from delinquent taxpayers after September 30 of the business year.
This receipt Is a Local Business Tax only. It does not permit the local business taxpayer to violate any existing regulatory or zoning laws of the
state, county or city. It also does not exempt the local business taxpayer from any other taxes, licenses or permits that may be required by
law.
Pursuant to Florida law, Local Business Taxes are subject to change,
Range Construction Industries
101 Sansbury's Way
West Palm Bch., FL 33449
Q�pIERCF City of Fort Pierce
BUSINESS TAX RECEIPT
yF G`C' Please post in a conspicuous place or keep on person.
SUNRVS�
Business Name / Mailing Address
RANGER CONSTRUCTION INDUSTRIES INC
101 SANSBURY'S WAY
WEST PALM BEACH FL33411
Owner:
RANGER CONSTRUCTION INDUSTRIES
Business Location*: 4510 GLADES CUT-OFF RD
'This business tax receipt is valid at this location only.
Date Issued Expiration Date Control Number
August 17, 2017 September 30, 2018 1 0042908
The business stated above may be engaged in the following business, profession
or occupation at the location above -described.
BTR # Classification Restrictions /jT+
18-00024820 CONTRACTORS, GENERAL OR ASPHALT CONTRAC�R�/-CGC01fq4 EXP 8/31/18
SPECIALTY 'All�
v^Ol 4
YC
Q
(\\ UU
Tax Amount $127.34 -'ryida to•C4�v
New/Renewal Fee $5.00
Penalty $0.00
Linda W. Cox, City Clerk (SEAL)
Total $0.00
THIS IS A RECEIPT FOR TAX PAID AND IS NOT REGULATORY IN NATURE. This receipt
does not warrant that the receipt holder is competent to perform in the business, but that the
hold has paid the required tax and provided the necessary documentation (if required) for this
business. Valid only when all state and local regulated trade licenses/competency cards are
valid for the current fiscal year as required by law. This receipt becomes null and void if
business name, classification, ownership or address is changed.
, •_ THE SUNEISE CITY
�FORT PIERCE
e �
Industries, Inc.
WRITTEN CONSENT IN LIEU OF A SPECIAL MEETING
OF THE BOARD OF DIRECTORS
OF
RANGER CONSTRUCTION INDUSTRIES, INC.
THE UNDERSIGNED, being all of the Directors of Ranger Construction Industries,
Inc., a Florida Corporation (the "Corporation"), do hereby consent and subscribe to the
following resolution, in lieu of holding a formal special meeting, pursuant to the terms of
Florida Statutes 607.0704.
WHEREAS, it is deemed to be in the best interest of the Corporation that the Board of
Directors elect Frank Scott Fowler, as Vice President of Operations for the Central
Florida Area effective October 22, 2012.
RESOLVED, effective October 22, 2012, Frank Scott Fowler be elected Vice President
j of Operations for the Central Florida Area; and be it further
RESOLVED, that effective October 22"a, 2012, Frank Scott Fowler, as Vice President of
the Corporation, be authorized to sign any bid documents, contracts, leases and other
documents considered to be "in the ordinary course" of this Corporation's business. This
authorization does not include `bajor decisions" including, but not limited to, potential
business acquisitions or dispositions greater than $3 million, major restructurings,
distributions greater than $1 million, windups, mergers, liquidations, the sale of a portion
of the business, or any other decision other than "in the ordinary course."
IN WITNESS WHEREOF, the undersigned hereby executes this written consent as of
October 22, 2012.
o A. Vecellto, Jr., rector" Ka4hryn C. fecelllo, Director
Chnstop irs-fecellio, irD e ichael A. Ve llto��
N
/
Central Division Office & Company Headquarters: 101 Sansbury's Way, West Palm Beach, Florida 3341l
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i certify the attached is a true and correct copy of the Articles of Incorporation, as
amended to date,, of RANGER CONSTRUCTION INDUSTRIES, INC., a
corporation organized under the laws of the State of Florida, as shown by the,
records of this office.
The document number of this corporation is F401$0.
ME022 (2-95)
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8/8/2017 Detail by Entity Name
DivisioN OF CORPORATIONS
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giwv.org
fill "in! inl::L:!: 'v 11•,rlda n vi"m
DeWlarnent of State / Division of Coroorations / Search Records / Detail By Document Number /
Detail by Entity Name
Florida Profit Corporation
RANGER CONSTRUCTION INDUSTRIES, INC.
Filina Information
Document Number
F40180
FEI/EIN Number
Date Filed
Effective Date
06/08/1981
State
FL
Status
ACTIVE
Last Event
CORPORATE MERGER
Event Date Filed
12/2712010
Event Effective Date
12/31/2010
Principal Address
101 SANSBURYS WAY
WEST PALM BCH, FL 33411
Changed: 01/27/2009
Mailina Address
101 SANSBURYS WAY
WEST PALM BCH, FL 33411
Changed:01127/2009
Reaistered Aaent Name & Address
BROWNING, DOUGLAS
101 SANSBURYS WAY
WEST PALM BEACH, FL 33411
Name Changed: 08/25/2010
Address Changed: 01/27/2009
Officer/Director Detail
Name & Address
Title ST
BROWNING, DOUGLAS J
101 SANSBURYS WAY
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultOetail?inquirytype=EntityName&directionType=Initial&searchNameOrder-RANGERC... 114
9/15/2017
WEST PALM BEACH, FL 33411
Detail by Entity Name
Title President
SCHAFER,ROBERT
101 SANSBURYS WAY
WEST PALM BEACH, FL 33411
Title VP
FRANK,SCOTT
101 SANSBURY'S WAY
WEST PALM BEACH, FL 33411
Title Chairman, CEO
VECELLIO JR, LEO A
101 SANSBURY'S WAY
WEST PALM BEACH, FL 33411
Title VP
Fowler, F. Scott
101 SANSBURY'S WAY
WEST PALM BCH, FL 33411
Title VP
Vecellio, Michael A
101 SANSBURY'S WAY
WEST PALM BCH, FL 33411
Title VP
Vecellio, Christopher S
101 SANSBURY'S WAY
WEST PALM BCH, FL 33411
Title VP
Vecelllo, Kathryn C
101 SANSBURY'S WAY
WEST PALM BCH, FL 33411
Title Sr Vice President -Finance
Smith, Robert D
101 SANSBURY'S WAY
WEST PALM BCH, FL 33411
Title Chief Estimator, Asst Secretary
Skubal, Steve
hbpJ/search.sunbiz,orgAnquiry/Corporation5earch/SearchResuttDetail?mquirytype=EntityName&directionType=tnitial&seaYbhNameOrder-RANGERC... 2/4
911512017
Detail by Entity Name
101 SANSBURY'S WAY
WEST PALM BCH, FL 33411
Title Asst Secretary
Daley, Jason
101 SANSBURY'S WAY
WEST PALM BCH, FL 33411
Title Asst Secretary
Fowler, Richard
101 SANSBURY'S WAY
WEST PALM BCH, FL 33411
Title Asst Secretary
Yoder, William
101 SANSBURY'S WAY
WEST PALM BCH, FL 33411
Title Asst Treasurer, Asst Secretary
Gwinn, L.L.
101 SANSBURY'S WAY
WEST PALM BCH, FL 33411
Title Asst. Secretary
Kracunas, Michael
101 Sansburys Way
West Palm Beach, FL 33411
Title VP
Moretz, James W
101 SANSBURY'S WAY
WEST PALM BCH, FL 33411
Annual Resorts
Report Year
Filed Date
2016
01/23/2016
2017
01/18/2017
2017
08/02/2017
Document lmaaes
08/09/2017 — AMENDED ANNUAL REPORT View image in PDF format
01/18/2017 — ANNUAL REPORT View image in POF (ornat
01/23/201' —ANNUAL REPORT View image In PDF format
0312 BI2015 — ANNUAL REPORT View Image in PDF format
01108/2014 — ANNUAL REPORT View image in PDF format
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9/16/2017
01128/2013 — ANfit JAL REPORT
0413012012 — ANNUAL REPORT
0212412011 --ANNUAL REPORT
1207/2010 — Mercar
0812512010 — Rea. Acent Chance
011081201,0 — ANNUAL REPORT.
0112712009 — ANNUAL REPORT
_08—ANNUAL REPORT
0.1126/2007 —ANNUAL REPORT
02122/2007—ANNUAL REPORT
02i17/2006—ANNUAL REPORT
.11 S12005 — ANNUAL REPORT
03/01/2004 — ANNI AL REPORT
02119/2003 — ANNUAL REPORT
n21l 912002 — ANNUAL REPORT
01/31/2001 — ANNUAL REP(LR.T
n211412000 —ANNUAL REPORT
03/22/1999 — ANNUAL REPORT
0311211998 — ANNUAL REPORT
02/11/1997 — ANNUAL REPORT
031071199E — ANNUAL REPORT
03.!22/1995 — ANNUAL REPORT
Detail by Entity Name
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Ppaea Dxperanr al Sate, d Comma: oas
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Ranger
Construction
Industries, Inc.
Date: January 18, 2018
To: City of Sebastian
Attn: Scott Baker
1225 Main Street
Sebastian, FL 32958
Re: Annual Milling & Paving — City of Sebastian
City Bid # 17-22
We are sending you attached:
Copies Description
2 Signed Construction Service Agreements
1 Public Works Bond
These are transmitted:
For Approval
For your information
X As requested
REMARKS:
Letter of Transmittal
For review and comments
For completion
For bid due
Thank you
AjBy: ,r..1
Stacy L. arber
Contr t dministrator
1200 Elboc Way, Winter Garden, Florida 34787, Phone (407) 656-9255, Fax (407) 656-3188
/
BOND DEPARTMENT
PUBLIC WORKS BOND
IN COMPLIANCE WITH FLORIDA STATUTES 255.05 (1) (a)
Bond No.
Contractor Name
Contractor Address
106810562
Ranger Construction Industries, Inc.
1200 Elbac Way, Winter Garden, FL 34787
Contractor Phone No. 407-656-9255
Surety Company Travelers Casualty and Surety Company of America
Surety Address One Tower Square, 5PB, Hartford, CT 06183
Surety Phone No. 800-242-8734
Owner Name City of Sebastian, Florida
Owner Address 1225 Main Street, Sebastian, FL 32958
Owner Phone Number 772-228-7013
Obligee Name
(If contracting entity is different from the owner, the contracting public entity)
Obligee Address
Obligee Phone No.
Contract No. (If Applicable) 17-22
Project Name Annual Milling and Paving City of Sebastian, Florida
Project Location Various Locations within City of Sebastian, FL
Legal Description and Street Address
Various Locations within City of Sebastian, FL
Description of Work
Annual Milling and Paving City of Sebastian, Florida
FRONT PAGE
All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that
May be preprinted thereon.
PUBLIC CONSTRUCTION BOND
Bond No.106810562
BY THIS BOND, We Ranger Construction Industries, Inc., as Principal and Travelers Casualtv
and Suretv Comuanv of America a corporation, as Surety, are bound to Citv of Sebastian.
Florida, herein called Owner, in the sum of 5362.963.00, for payment of which we bind
ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the contract dated between Principal and Owner
for construction of Milling and Paving/Bid No. 17-22 the contract being made a part of
this bond by reference, at the times and in the manner prescribed in the contract; and
2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the contract; and
3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate
proceedings, that Owner sustains because of a default by Principal under the contract;
and
4. Performs the guarantee of all work and materials furnished under the contract for the
time specified in the contract, then this bond is void; otherwise it remains in full force.
Any action instituted by a claimant under this bond for payment must be in accordance with
the notice and time limitation provisions in Section 255.05(2), Florida Statutes.
Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes does not affect Surety's obligation
under this bond.
DATED ON: January 18, 2018.
Ranger Construction Industries, Inc.
Scott Fowler, Vic resident
of America
dent Agent
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
.A. POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surely Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 215719
CertiOeal, Vn. 007069419
KNOW ALL MIEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casually and Surety Company. Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the Stale of Connecticut, that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the
laws of the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint
William Phelps
of the City of Melbourne , State of Florida , their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognimecs, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
BV WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 9th
day of December . 2016
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
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State of Connecticut
City of Hartford ss.
Robert L. Raney. Senior Vice President
On this the 9th _ day of December 2016 , before me personally appeared Robert L. Raney, who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers
Casualty and Surety Company of America. and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
GTE �
In Witness Whereof, I hereunto set my hand and official seal.iaT�W w' v • ��
My Commission expires the 30th day of June. 2021. * 'oUBLIG * Marie C. Tetreault, Notary Public
c'PNECfF'S
58440-5-16 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary m any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any
y part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this { (/ ""day of SAOfA142T 20
U Kevin�E Hughes, Assistant Secrftiay
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To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the
above -named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER