HomeMy WebLinkAbout2003 TDI International - Fields at Seb Elem & Pel IslCITY OF SEBASTIAN CERTIFICATE OF COMPLETION
DATE ACCEPTED:
9-29-03
CONTRACTOR:
T.D.I. International
Baseball Fields at Two Elementary SChols
CONTRACT NAME:
N/A
CONTRACT NUMBER:
~AL COST: $114,530.56
Pursuant to the above captioned contract and in compliance of same, we the undersigned do hereby
certify that this project is complete. '.
Issuance of this certificate releases the contractor from any further respons~ility except as stipulate~t
in the contract as it relates to bond performance, paym~.nt of subcontractors, maintenance, and
indemnity. All contractual obligations as to warranty, insurance, indemnification and patents, shall
remain in full effect for the contractually stipulated period of time. In no way does the issuing oft:his
certificate release the Contractor from all legal obligations as stipulated in Chapter 713 of the Florida
Statutes.
Therefore, having reviewed the contract and inspected the work the tmdersig~ed do hereby accept'
the work
D~e
Date
89/89/2883 14:51 7723884482 RJBLIC WORKS PAGE 82
'03 SE? 29 1 29
CITY OF SEBASTIAN CHANGE ORDER FORM
CHANGI~ ORDER #: 1 PROJECT NAM'E: Baseball Fields At Two
Elementary SchooLs
PURCHASE ORDER #: 40~1
CONTRACTOR: T.D.I. International Inc.
ADDRESS: 321 E. Osceola St.
Stuart, FI 34994
]PROJECT #: NtA
PHONE #: (772) 286-6022
CONTRACT INAM~: Baseball Fields At Two
Elementary Schools
CONTACT DATE: 3un¢ 9, 2003
By tl~e signature affixed below, both the City and the Contractor agree to thc changes aw
stipulated h~rein. Upon prop~ execution of this document, thc Contractor is hereby notified to
commence work. All changes statexi below are hereby incorporated and made a part of the
Contract identified above, and all the terms and condilions of said Contract are enjoined and in
full force while exeeuting the ch~age(s) stipulated as follows;
~CRIPTION: Increase well deuths
.~) CONTRACT PRICE pRIOR TO 'rHea CHAN
NET INCREASE (Dt~CRF-k~E) RESULTING FROM TH!~ CHANGE
B) CONTRACT TIME PRIOR TO THI~ CHANGE (NUMBER OF DAYS)
NET INCRBASE, (DIiCKE~SE) RESULTIIqG FP, OM THIS CHANGE (NUMOER OF DAYS)
NEW COMPLETION DATE INCLUDING THIS CHANGE
Fla~ee Director j~.,/~'~s to bud~d.
General Services Admin. p~ as tO ~ontra. et/proeur~meflt
60 days
0 , days
MO, DAY__ YE
~,-<~uChom%~City'Msu~ger
ATTEST:
, CMC, Cf~y Clerk
INTL~RNAT~NAL
No,i, Michigan:
(~,4~) 471-6750
admin r~td/golf, com
Ci~v of Sebastian Baseball Fields
C~4NGE ORDER - #1
TO:
CITY OF SEBAS'FIAN~ FLORIDA
Atto: Paul Wagner, Administrator; Geaeral Service~, Cit~ of Sebastia%
Florida (Via Fax #772-.~8 ] -0149)
I~ROM:
T.D.I. INTERNATIONAL, INC.
Arm: Bruc~ Sheldon IOeoffCorlett/John Anderson (admJa~tdigolf. com)
DAT~: Jaly 8. 200.5
~ I~CREASE TO '[HE DEPTH OF DRILLED V~'ELLS ~
,4ddltion
Contract for Wells ~ncluded deptl~s up to SOO feet each ~r .~fer to 21terrtate
Y~idf'9'tcedatedFebrstarylS. 2003). 77~ewellatSebaslictnEl~menta~ry
had to be dr~lled $55 feet deep to achiew required water flow. 7'~ well
at Pelican Island F. ffernentary had to be drilled $.~O feet deep to achie~
req~red water flow,,
Total addttional drilling eqt~als 55' + $0' = 105 feet x $$.00per foot = $523.00, $ 325.00
Performance Bond Premium Adjuamem
TOTAL ADi)ITION
532.56
, 'l'he contraot value w~ll b= increased by $ 532.$6
· Time ex'teasion - N/A
T.D.l. Inl~ma6onal, Inc.
Date
Chem Signature
BASEBALL FIELDS AT TWO ELEMENTARY SCHOOLS PROJECT
CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT made this ~/day of~h, 2003, by and between the
CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main
Street, Sebastian, Florida, 32958, ("City") and T.D.I. Intemational~ Inc., 321 E. Osceola
StreeL Stuart~ FL 34994 ("Contractor"), sets forth that
WHEREAS, the City desires to engage a Contractor who has special and unique
competence and experience in constructing baseball fields; 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 bas selected the
Contractor in accordance with the requirements of law; and
WHEREAS, the City and the Contractor desire to reduce to writing their
understanding and agreements on such;
IT IS, THEREFORE, AGREED as follows:
1. TERM. This Agreement shall commence on the day it is executed by both
parties and the term of the Agreement shall extend until the obligations hereunder are
completed.
2. AGREEMENT DOCUMENTS. The Agreement Documents (also
called CONTRACT DOCUMENTS) consist of this Agreement, Technical Specifications
and Drawings (hereinafter called "Specifications"), Bid Documents, Work Orders,
Change Orders, Addenda if any, any other documents listed in the Agreement
Documents, and written modifications issued at~er execution of this Agreeruent, if any. It
is anticipated that a specified site on the school grounds shall be provided in an Addenda.
(a) 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 of performing the Work. 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 x~Vork, to require
new material and equipment unless othe~vise indicated, and to require complete
performance of the '~Vork 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 V~ork by the Contractor. Performance by the Contractor shall be
required only to the extent consistent with the A~reement Documents and reasonably
inferable from them as being necessary to produce the intended results.
(b) l~nth'e and Sole A~reement. Except as specifically stated herein, the
Agreement Documents constitute the entire agreement between the parties and supersede
all other agreements, representations, warranties, statements, promises, and
understandings not specifically set forth in the Agreement Documents. Neither party has
in any way relied, nor shall in any way rely, upon any oral or written agreements,
representations, warranties, statements, promises or understandings not specifically set
forth in the Agreement Documents.
(c) Amendments. The par~ies may modify this A~greement at any time by
written agreement. Neither the Agreement Documents nor any term thereof may be
changed, waived, discharged or tenuinated orally, except by an instrument in writing
si~ned by the party against which enforcement of the change, waiver, discharge or
termination is sought.
(d) Construing Terms. This Agreement shall not be construed against the
pa~y who drafted the same, as both pa~des have obtained experts of their choosing to
review the legal and business adequacy of the same. In the event of a conflict between the
terms ef the Agreement Documents, pr[mary effect shall be g~ven first to written
modifications issued aider execution of this Agreement, if any, then in descending order:
the Specifications and the remainder of said documents.
3. EMPLOYMENT OF CONTKACTOP~. The City hereby agrees that it may
engage the Contractor and the Contractor hereby agrees to perform contracting services
for the City in the BASEBALL I~LDS AT TV~rO ELEMENTAP~Y SCHOOLS
PP~OJECT.
4. SCOPE OF WORK AND RELATED DATA. The intent of the
Specifications 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 or operation in a
manner acceptable to the City.
Any discrepancies found between the Specifications and site conditions, or any
errors or omissions in the same shall be immediately reported to the City. The City shall
promptly determine the validity and seriousness of the claimed condition and correct any
such error or omission in writing, or otherwise direct Contractor. Any work done by the
Contractor after Iris discovery of such discrepancies, errors or omissions shall be done at
the Contractor's risk.
Any correction of errors or omissions in the Specifications may be made by the
City when such correction is necessary for the proper fulfillment of their intention as
construed by City. Where said correction of errors or omissions, except as provided in the
next paragraph below, adds to the amount of work to be done by the Contractor,
compensation for said additional work shall be negotiated between the parties and must
be issued as a written change order before any such additional work is performed or no
additional compensation shall be made.
The fact that specific mention of any part of work is omitted in the Specifications,
whether intentionally or otherwise, when the same is usually and customarily required to
complete fully such work as is specified herein, will not entitle the Contractor to
consideration in the matter of any claim for extra compensation, but the said work must
be installed or done the same as if called for by the Specifications. Ail work and material
usual and necessary to make the Work complete in all its parts, whether or not they are
indicated or mentioned in Specifications, shall be furnished and executed the same as if
they were called for by the Specifications. The Contractor will not be allowed to take
advantage of any errors or omissions in the Specifications. The City will provide full
information when errors or omissions are discovered.
5. COMPENSATION. The City will pay the Contractor the fixed sum mount
of $113,998.00 for performance of the Work hereunder. Contractor shall submit
monthly invoices to the Project Manager reflecting the percentage of the total project
completed in said billing period and the pro-rata amount of the contract price due
accordingly. Upon approval of the invoice by the Project Manager, City shall pay said
invoice less ten (10%) percent retainage in accordance with industry standards.
Claims. Claims arising ~rom 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. Any such subsequent agreement shall
be inclusive of all claimed compensation and expenses related to the additional work,
including claims for delay or acceleration. Such notice by the Contractor and the fact that
the City has kept account of the costs as aforesaid shall not in any way be construed as
proving the validity of the claim.
6. RELEASES. When it is determined, as a result of a joint inspection of the
Work by the Contractor, City, and Project Manager that the Work has been completed in
accordance with the terms of the Contract Documents, the Project Manager shall certify
completion of the Work to the City. At that time, the Contractor may submit the
Contractor's final request for payment. Prior to final payment, the Contractor shall
execute and deliver to the City a Contractor's Affidavit and Release of Claim for all
claims against the City arising under or by virtue of the work order. Also, each request
for payment must have a Cla'unant's Sworn Statement of Account, executed by the
supplier or subcontractor, attached 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.
7. PROJECT SCHEDULES The Contractor shall perform the services outlined
under Paragraph 3 of this Agreement in a timely manner consistent with the assignment
schedules as mutually agreed upon by the City and the Contractor. No extension of time
shall be valid unless given in writing by the City. Time is of the essence in achieving the
completion date herein, and the City shall impose liquidated damages against the
Contractor in the amount of $150 per day for each day that the Project is not completed.
A delay beyond the Contractor's control occasioned by an "Act of God" shall
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. The words "Act of God" mean an
earthquake, flood, hurricane (or other named tropical event including enumerated tropical
depressions), tornado or other cataclysmic phenomenon of nature. Time extensions shall
be the exclusive remedy for any claimed damages originating from such delays. Rain,
Wind or other natural phenomenon (including tropical waves) of normal intensity for the
locality shall not be construed as an Act of God, and no extensions or claims for delay
damages may be based upon the same.
The City shall have the authority to suspend the Work wholly or in part, for such
periods as may be deemed necessary and for whatever cause, by serving written notice of
suspension to the Contractor. In the event that the Project Manager shall become aware of
any condition that may be cause for suspension of the Work, the Project Manager 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. In the
event that the City suspends the Work, the Contractor shall be granted an extension of
time to complete the Work for as many calendar days as the Work was suspended;
except, 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.
8. TERMINATION OF CONTRACT WITHOUT CAUSE. This Agreement may
be terminated by the City without cause provided at least ten (10) days written notice of
such termination shall be given to the Contractor. In the event the City without cause
abandons, terminates or suspends tlfis Agreement for greater than thirty days, the
Contractor shall be compensated for services rendered up to the time of such termination
on a quantum meruit basis and any work done by the Contractor shall remain the property
of the City.
9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All
work done shall be subject to the review of the Project Manager and 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 the Specifications
and all technical questions as to the acceptable fulfillment of the Contract on the part of
the Contractor, shall be referred to the Project Manager, who will resolve such questions.
All materials and each part of the Work shall be subject at all times to
construction review by the Project Manager and the City. Such construction review may
include shop inspection, and any material furnished under the Specifications is subject to
such inspection. The Project Manager 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.
10. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work,
using Contractor's best skill and attention. Contractor shall be solely responsible for and
have control over construction means, methods, techniques, sequences and procedures
and for coordinating all portions of the Work under this Contract, unless the Contract
Documents give other specific instructions concerning these matters.
Unless otherwise provided in the Contract Documents, Contractor shall provide
and pay for labor, materials, equipment, tools, construction equipment and machinery,
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 ali
sales, use and other similar taxes. Contractor currently holds and shall maintain at ali
times during the term of this Contract ail required federal, state and local licenses
necessary to perform the Work required under the Contract Documents.
11. PERSONNEL. The Contractor represents that it will secure at its own
expense all personnel and sub-Contractors required for services which are necessary to
perform the Work, and all persons engaged in work under the Agreement shall be
qualified to perform such services and author/zed under federal, state and local laws to
perform such services. Personnel who perform services under this Agreement shall not
be employees of the City.
All workraen must have sufficient lmowledge, skill and experience to perform
properly the work assigned to them. Any foreman or workman employed by the
Contractor or subcontractors who, in the opinion of the City, does not perform his work
in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate
manner shalI, at the written request of the City, be discharged from the Project
immediately and shall not be employed again in any portion of the Work without the
approval of the City.
The Contractor shall at all times be responsible for the conduct and discipline of
his employees and/or any subcontractor or persons employed by subcontractors.
12. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall be
responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the Work in accordance with the U.S. Department of Labor
Occupational Safety and Health Act and the laws of the State of Florida. This Contract
requires that the Contractor and any and all subcontractors hired by the Contractor
comply with all relevant standards of the Occupational Safety and Health Act. Failure to
comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse
the City for any fines and/or court costs arising from penalties charged to the City for
violations of OSHA committed by the Contractor or any and all subcontractors.
The Contractor shall take all reasonable precautions for the safety of, and shall
provide all reasonable protection to prevent damage, injury or loss to, all employees on
the Work and all other persons who may be affected thereby; all the work materials and
equipment to be incorporated therein, whether in storage on or offthe project site, under
the care, custody or control of the Contractor or any of his subcontractors; and other
property on the project site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction.
The Contractor shall perform any work and shall furnish and install materials and
equipment necessary during an emergency endangering life or property. In all cases, he
shall notify the Project Manager and City of the emergency as soon as practicable, but he
shall not wait for instructions before proceeding to properly protect both life and
property.
The Contractor shall be held fully responsible for such safety and protection until
final written acceptance of the Work.
13. CONTRACTOR'S RESPONSIBILITY FOR WORK. Until acceptance of
the Work by the City, it shall be under the charge and care of the Contractor, and he shall
take every necessary precaution against injury or damage to the Work by the action of the
elements or from any other cause whatsoever, whether arising from the execution or from
the non-executiun of the Work. The Contractor shall rebuild, repair, restore and make
good, without additional compensation, all injury or damage to any portion of the Work
occasioned by any cause, other than the sole and active negligence of the City, before its
completion and acceptance.
Materials and equipment shall be stored so as to incur the preservation of their
quality and fitness for the Work. When considered necessary, they shall be placed on
wooden platforms or other hard clean surfaces, and not on the ground, and/or they shall
be placed under cover. Stored materials and equipment shall be located so as to facilitate
prompt inspection.
t4. CLEANING UP. The Contractor shall at all times keep the premises free
from accumulation of waste materials or rubbish caused by his employees or work. At the
completion of the Work, he shall remove all his rubbish, tools, scaffolding and surplus
materials and shall leave his work "broom clean" or its equivalent, unless more exactly
specified, and shall insure that ali 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.
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 rome shall be
deducted from moneys due the Contractor.
Final payment will be withheld until such clean up and repairs are completed
15. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not
assign any interest in the work orders or this Agreement and shall not transfer any interest
in the same without the prior written consent of the City. Any sub-contracts or other
work which is performed by persons or firms other than the Contractor under this
Agreement or any work orders shall have prior written approval of the City Manager.
Any subcontracts or outside associates or Contractors required by the Contractor in
connection with services covered by this Agreement or any work orders must be
specifically approved by the City Manager.
16. INDEMNIFICATION. The Contractor shall indemnify and save harmless
the City, the Indian River School Board, their agents, subcontractors, servants, and
employees fi.om and against claims, liability, losses, or causes of action to the extent
arising from any misconduct, negligent act, or omission of the Contractor, its agents,
servants or employees in the performance of services under this contract.
17. INTERESTS OF CITY OFFICIALS. No officers, members or employees
of the City and no members of its governing body, and no other public official of the
governing body of the locality or localities in which services for the facilities are situated
or carded out, who exercises any functions or responsibilities in the review or approval of
the undertaking or carrying out of this project, shall participate in any decision relating to
this Agreement which affects his personal interest, or have any personal or pecuniary
interest, direct or indirect, in this Agreement or the proceeds thereof.
18. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The
Contractor agrees that no Federal appropriated funds have been paid or will be paid by or
on behalf of the Contractor to any person for influencing or attempting to influence any
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 malting 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 any FDOT Joint
Participation Agreement, the undersigned shall complete and submit Standard Form-LLL
"Disclosure Form to Report Lobbying" in accordance with its instructions.
19. CONFLICT OF INTEREST. The Contractor covenants that he presently
has no interest and shall not acquire any interest, direct or indirect, which shall conflict in
any manner or degree with the performance of services required to be performed under
this Agreement. The Contractor further covenants that in the performance of this
Agreement, no person having any such interest shall be employed. The Contractor shall
not undertake any professional work which conflicts with his duties as the City's
Contractor without the prior written consent of the City during the term of this
Agreement. Any work where the Contractor can reasonably anticipate that it may be
called to testify as a witness against the City in any litigation or administrative
proceeding will constitute a conflict of interest under this Agreement.
20. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply
with ail: known laws and regulations relating to providing services under this Agreement.
The failure of the Contractor to adhere to any known law or regulation pertaining to
furnishing services under this Agreement shall constitute a material breach of this
Agreement.
21. WAIVER. The waiver by the City of any of the Contractor's obligations
or duties under this Agreement shall not constitute a waiver of any other obligation or
duty of the Contractor under this Agreement.
22. PUBLIC ENTITY CRIME The Contractor shall file a sworn statement
with the City which is Attachment I, stating whether a person or affiliate as defined in
Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime
subsequent to July 1, 1989, in accordance with the provisions of Section 287.133 of the
Florida Statutes.
23. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants
that he has not employed or retained any company or person, other than a bona fide
employee working solely for the Contractor to solicit or secure this Agreement and that
he has not paid or agreed to pay any person, company, corporation, individual or firm,
other than a bona fide employee working solely for the Contractor any fee, commission,
percentage, 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 hability and, at its discretion, deduct
from the Agreement price, or otherwise recover, the full amount of such fee, commission,
percentage, gift or consideration.
24. 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.
25. DRUG-FREE WORKPLACE. The contract documents also consist of
the "Drug-Free Workplace Form" which is in accordance with Florida Statute 287.089
and must be signed.
27. GOVERNING LAW. This Agreement shall be governed by the laws of
the State of Florida and venue for any action pursuant to the Agreement Documents shall
be in Indian River County, Florida. The parties hereto expressly waive trial by jury in
any action to enforce or otherwise resolve any dispute arising hereunder..
28. CONSTRUING PROVISIONS. This Agreement shall not be construed
against the party who drafted the same, as both parties have obtained experts of their
choosing to review the legal and business adequacy of the same.
29. INSURANCE. The Contractor agrees to carry insurance, of the types and
subject to the l'maits 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.
Co) 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 for the Work paid for by the City but not yet accepted.
The insurance company selected shall be A+ or better per the Best's Key Rating
Guide. The Contractor and the insurance company(s) shall agree to fumish 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 comluence the Work until he has obtained all the
insurance required under this paragraph and certificates of such insurance have been
submitted to the City, nor shall the Contractor allow any subcontractor to commence
work on his subcontract until all insurance required has been so obtained and approved
by the City. The Contractor shall carry and maintain until acceptance of the Work,
insurance as specified herein and in such form as shall protect him and any subcontractor
performing work under this Contract, or the City or School Board, from all claims and
liability for damages for bodily injury, including accidental death, under this Contract,
whether by himself or any subcontractor or by any one directly or indirectly employed by
either.
The Contractor shall furnish to the City certificates of insurance in duplicate
showing proof of insurance, naming the City and the School Board as additional insured
parties, prior to the start of construction as provided in the Contract.
30. GUARANTEE. The Contractor shall warrant all equipment furnished and
work performed by him for a period of one (1) year from the date of final written
acceptance of the Work by City. All equipment and material warranties or guarantees
shall be drawn in favor of the City and the originals thereof furnished to the City for
acceptance prior to final payment.
Such guarantee shall kn no way limit or reheve the Contractor of liability from
subsequent claims of beach of contract due to substandard materials or workmanship, nor
shall such warranty period shorten the statute of limitations for bringing a breach of
contract or other action based upon any such deficiencies.
Any materials, equipment or work which do not satisfactorily meet the
Specifications may be condemned by the City by giving a written notice to the
Contractor. All condemned materials, equipment or work shall be promptly taken out and
replaced. Any defective work whether the result of poor workmanship, use of defective
materials, damaged through carelessness or from other cause shall be removed within ten
(10) days after written notice is given by the City, and the work shall be re-executed by
the Contractor. The fact that the City may have previously overlooked such defective
work shall not constitute an acceptance Of any part of it. Should the Contractor fail to
remove rejected work or materials within ten (10) days after written notice to do so, the
City may remove them and may store the materials and equipment.
The making of the final payment by the City to the Contractor shall not relieve the
Contractor of responsibility for faulty materials or workmanship. The City shall promptly
give notice of faulty materials and workmanship and the Contractor shall promptly
replace any such defects discovered within one (1) year from the date of final written
acceptance of the Work by the City.
IN WITNESS WI-IEREOF, the parties hereto have caused these presents to be
executed, the day and year first above written.
ATTEST (SEAL):
S~y ~. M~, CI~C
City Clerk--
T~t~ CITY~ SEBASTIAN
Terrenc~oa~e, Ci~--Manager
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich gtringer, CityDkttomey
Signed, sealed and delivered
in the presence of:
Name:
T.D.I. International,
Name:
CONTRACTOR:
inc~r