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HomeMy WebLinkAbout2010 Conlon Landscaping AgreementCERTIFICATE OF LIABILITY INSURANCE Date 12/10/2013 Producer: Lion Insurance Company This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. 9 Y rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policies below. •Holiday, FL 34691 727 938 -5562 Insurers Affording Coverage NAIC # Insured: South East Personnel Leasing, Inc.& Subsidiaries Insurer A: Lion Insurance Company 11075 Insurer B: 2739 U.S. Highway 19 N. Holida FL 34691 Insurer C: Coverages The policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies, Aggregate limits shown may have been reduced by paid claims. IN SR LTR ADDL INSRD Type of Insurance Policy Number Policy Effective Date Policy Expiration Date Limits (MM /DD/YY) (MM /DD/YY) GENERAL LIABILITY Each Occurrence $ Commercial General Liability Claims Made Occur Damage to rented premises (EA occurrence) $ Mad Exp $ Personal Adv Injury $ General aggregate limit applies per: Policy ❑ Project ❑ LOC General Aggregate $ Products - Comp /Op Agg $ AUTOMOBILE LIABILITY Combined Single Limit (EA Accident) $ Any Auto Bodily Injury All Owned Autos - (Per Person) $ Scheduled Autos Bodily Injury jlirei; Autos Non -Owned Autos (Per Accident) $ Property Damage (Per Accident) $ EXCESS /UMBRELLA LIABILITY Each Occurrence Aggregate Occur ® Claims Made Deductible A Workers Compensation and Employers' Liability WC 71949 01/01/2014 01/01/2015 X WC Statu- I OTIi- ER E.L. Each Accident 1$1,000,000 Any proprietor /partner /executive officer /member excluded? NO If Yes, describe under special provisions below. E.L. Disease - Ea Employee $1,000,000 E.L. Disease - Policy Limits 1,000 noo Other Lion Insurance Company is A.M. Best Company rated A- (Excellent). AMB # 12616 Descriptions of Operations /Locations /Vehicles /Exclusions added by Endorsement(Special Provisions: Client ID: 31 -66 -012 Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. & Subsidiaries that are leased to the following "Client Company ": Conlon Landscaping, Inc. Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. & Subsidiaries active employee(s) , while working in FL. Coverage does not an -lv to statutory employee(s) or independent contractor(s) of the Client Company or any other entity. A list of the active /ee(s) leased to the Client Company can be obtained by faxing a request to (727) 937 -2138 or by calling (727) 938 -5562. Project Name FAX: 772 -22 17 & 772-581-01491 ISSUE 09 -25 -08 (SD) / RENEWAL 12 -17 -09 (SH) / REISSUE 11 -01 -10 (TD) / REISSUE 09 -15 -11 (SD)Reiss, 2/10/12 (SH) / REISSUE 08 -07 -13 (TLD) / Reissued 12/9/13 (SH) Begin Date 6/11/2007 CERT1 TE HOLDER CANCELLATION CITY OF SEBASTIAN - Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the ATTN: JEAN TARVELL left, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its 1225 MAIN STREET SEBASTIAN, FL 32958 agents or representatives, ,/ 4.1 �1, � i - . -- -------------- .......... _: 28601 CORLON Landscaping Maintenance Installation Sebastian, FL 706 S. Easy St. Sebastian, Fl 32958 Office 772/388 -5741 Cell 321/228 -6973 Fax 772/228 -9677 11/18/2013 City of Sebastian 1225 Main Street Sebastian, Fl 32958 (772) 589 -5330 Attn: Al Minner RE: Price quote - Additional work on Quarter round Scope of work: 1. Remove sod and dirt and haul to the airport Replace dirt as needed Replace sod with floritam -.74 per sq. ft. 2. Remove sod and dirt and haul to the airport Replace dirt as needed Replace sod with bahia -.62 per sq. ft. Thank you, r,--s John Conlon This proposal was approved by City Council at its December 11, 2013 Regular Meeting and becomes an attachment to the agreement between the City and Conlon for Quarter Round Installation dated December 1, 2010. Sally A. aio, City Clerk Cl-T-,4 0Pa4A CP CRY OF BAST HOME OF PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589 -5330 • FAX (772) 589 -5570 December 12, 2013 Mr. John Conlon Conlon Landscaping 706 S. Easy Street Sebastian, FL 32958 Dear Mr. Conlon: Pursuant to the terms of the Construction Services Agreement, dated December 1, 2010 between the City of Sebastian and Conlon Landscaping, please let this letter serve as the first year extension of your three (3) year contract for Quarter Round Swale Improvements. If you should have any questions, please feel free to contact the office of the City Manager at 388 -8203. CitX Manager Accepted By: John Conlon Conlon Landscaping CONSTRUCTION SERVICES AGREEMENT QUARTER -ROUND SWALE IMPROVMENTS THIS AGREEMENT made this /A-/_ day of IC- 2010, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ( "City ") and CONLON LANDSCAPING, 706 SOUTH EASY STREET, SEBASTIAN, FL 32958 ( "Contractor ") authorized to do business in the State of Florida. WHEREAS, the City desires to engage a Florida licensed contractor to provide 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 procurement procedure; and, WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such professional services. NOW, THEREFORE, IT IS 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 "QUARTER- ROUND" SWALE IMPROVEMENTS. This Agreement is not an exclusive agreement and the City may employ other contractors, professional or technical personnel to furnish services for the City as the City in its sole discretion 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 Agreement 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 Agreement. 1.1 AGREEMENT DOCUMENTS The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement, Supplemental Agreement(s), Notice of Invitation to Bid, Instructions for Bidders, Bid Proposal, Bond Forms, Bid Specifications and Scope of Work, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, and written modifications issued after execution of this Agreement, if any. 1.2 INTENT The Specifications are an integral part of the Agreement 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. 1.3 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. 1.4 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. 1.5 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. 1.6 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. 1.7 TERM This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall be for three (3) years. This Agreement can be extend for two (2) additional (1) one year renewals after written consent of both parties. 2 ARTICLE II - DEFINITION OF TERMS 2.0 GENERAL Whenever the following terms appear in these Agreement Documents, their intent and meaning shall, unless specifically stated otherwise, be interpreted as shown. 2.1 ACT OF GOD The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event), tornado or other cataclysmic phenomenon of nature. Rain, Wind or other natural phenomenon (including tropical waves and depressions) of normal intensity for the locality shall not be construed as an Act of God. 2.2 ADDENDUM A written modification of the plans issued by the City. All Addenda shall be considered part of the Agreement Documents. 2.3 AGREEMENT A written agreement between the Contractor and City defining in detail the work to be performed. The words Agreement and Contract, are one and the same. 2.4 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. 2.6 BID The bid or proposal is the written offer of a Bidder to perform work described by the Agreement 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 Agreement Documents. 2.6 BIDDER An individual, partnership, or corporation submitting a proposal for the work contemplated; acting directly or through a duly authorized representative. 2.7 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. 2.8 CONTRACT /AGREEMENT ADDENDUM A special written provision modifying or clarifying the terms and conditions of the Contract. The Contract Addendum shall be considered as part of the contract documents. 2.9 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. 2.10 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 City is intended unless otherwise stated. 2.11 ENGINEER A Professional Engineer duly licensed and registered in the State of Florida and designated by the City as Engineer. The City may designate a staff member as Engineer who is not licensed. 2.12 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. 2.13 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. 2.14 LABORATORY Any licensed and qualified independent laboratory designated by or acceptable to the City to perform necessary testing of materials. 2.15 OWNER The City of Sebastian. 2.16 PROJECT A Project will encompass one outlined area in which the City desires quarter -round improvements to be constructed. Projects will be issued based on the City's determination of the availability of funds. 2.17 PROJECT SCHEDULE A Project Schedule shall be created by the Contractor and issued to the City. The Project Schedule will outline the work to be performed and when the work will commence and end. 2.18 PROPOSAL The proposal or bid is the written offer of a Bidder to perform the work described by the Agreement 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 Agreement Documents. 2.20 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. 2.21 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. 2.22 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. 2.23 SUPPLEMENTAL AGREEMENT A written understanding, or proposal and acceptance, executed between the City and the Contractor subsequent to execution of the Agreement herein, relating to the work covered by the Agreement and clarifying or changing the terms thereof. A modification to the Agreement shall be made by Contract Addendum. 2.24 WORK, (The) The public improvement contemplated in this Agreement, and all actions necessary to construct the same. 5 2.25 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 Agreement. Work Orders shall be considered as part of the Agreement Documents. Any Work Orders considered to be Change Orders of any kind shall be in writing and address, at a minimum, any changes in the scope of work and the related impact on Contract Price / Cost and Time / Schedule. ARTICLE III - SPECIFICATIONS WORKMANSHIP AND CONSTRUCTION 3.0 INTENT OF PLANS AND SPECIFICATIONS The intent of the Plans, Specifications, Work Orders and other Agreement Documents is that the Contractor furnishes all labor and materials, equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work described in the 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. 3.1 CONFLICT In the event of any inconsistency, discrepancy or conflict between the Agreement, Specifications and other Contract Documents, the Agreement shall prevail and govern over all except a subsequently executed Contract Addendum. 3.2 STORAGE OF MATERIALS Materials and equipment shall be stored so as preserve of their quality and fitness for the Work. Stored materials and equipment shall be located so as not interfere with private property or damage Work that has already been completed. 3.3 REJECTED WORK AND MATERIAL Any materials, equipment or Work which do not satisfactorily meet the Specifications may be identified by the City by giving a written notice to the Contractor. All such materials, equipment or Work shall be promptly removed and replaced. Any Work defective 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 at no additional cost to the City. Should the Contractor fail to remove rejected work or materials within ten (10) days after written notice to do so, the City may remove are replace the Work with a credit to be provided to the City for any repaired Work. 2 3.4 SKILL AND CHARACTER OF WORKERS All workers must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any supervisor or worker employed by the Contractor or subcontractors who, in the opinion of the City does not perform his /her work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of its employees and /or any subcontractor or persons employed by subcontractors. 3.5 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. After each work day, the Contractor shall insure that the Work site is free from all rubbish, debris, tools, equipment, surplus materials and other unsightly objects and that these materials 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. Payment may 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. 3.6 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. 3.7 GUARANTEE The Contractor shall warrant all its work for a period of one (1) year from the date of final acceptance by City. 7 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. 3.8 SCOPE OF WORK AND CONTROL POINTS FURNISHED BY THE CITY The City will regularly provide Contractor with a scope of Work and direct where Work will be conducted. The City will provide boundary, control points and other bench marks to provide Contractor with construction parameters for installing quarter -round improvements. 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. 3.9 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. 3.10 LAYOUT OF WORK Utilizing the control points furnished by the City in accordance with Paragraph 3.8, the Contractor shall establish all horizontal and vertical controls necessary to construct the Work in accordance with the Specifications. The Work shall include performing all calculations required and setting all stakes needed such as grade stakes, offset stakes, reference point stakes, slope stakes, and other reference marks or points necessary to provide lines and grades for construction of all contract items. Survey notes indicating the information and measurements used in establishing locations and grades shall be kept in notebooks and furnished to the City. 3.11 SPECIFIC STAKING REQUIREMENTS Stakes to establish lines and grades shall be set at appropriate intervals to assure that the Project is constructed to meet the lines and grades shown in the 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 shown in the Plans. 3.12 COST OF LAYOUT The cost of performing layout work as described herein shall be included as part of the Contract Prices provided in the bid price. 3.13 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. Primary control monuments, originally set by the City, that are disturbed or destroyed during construction shall be accurately replaced by the Contractor's surveyor to the satisfaction of the City's surveyor. 3.14 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 utility providers at least 48 hours prior to commencing any work within a designated project area. There may be other utilities or other appurtenances within the project area and it is the Contractor's responsibility to locate such obstruction prior to commencing work. The cost of locating the utilities shall be borne by the Contractor and shall be a part of the bid price. The Contractor shall be responsible for the repair and /or replacement of any damage caused to utilities by Contractor, or subcontractors, 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. 3.15 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 Agreement Documents give other specific instructions concerning these matters. Unless otherwise provided in the Agreement 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 Agreement Documents, Contractor shall pay all sales, use and other similar taxes. City and Contractor may establish a purchasing addendum whereby sales tax savings for material purchase are made by the City. Such savings shall be provided to the City in the form of a billing credit. 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 Agreement Documents. 0 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. 3.16 PROJECT SCHEDULE - COMMENCEMENT AND COMPLETION OF WORK This Agreement authorizes the construction of various quarter -round improvement Projects as funds exist. Each Project issued to the Contractor shall be managed as a separate work task. Within ten (10) days of a Project being issued to the Contractor, the Contractor shall deliver a Project Schedule to the City which provides a schedule for work commencement and completion. The Contractor shall be obligated to complete the Project satisfactorily and in the time frame provided in the Project Schedule. All work completed shall be done during the hours of 7:00 AM — 5:00 PM Monday — Friday. Work on recognized City Holidays and other exceptions may be made with the advance consent of the City. The Contractor's Project Schedule is subject to the approval of the City, which shall not be unreasonably withheld, and shall reflect a logical sequence of the various Projects that the City anticipates. Should Projects not be completed according to the dates provided in the Project Schedule, the Contractor will be required to pay Liquidated Damages as provided in Section 3.20 of this Agreement. 3.17 EXTENSION OF PROJECT SCHEDULE 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 Project Schedule, 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 this Paragraph or Paragraph 4.1, 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. 10 3.18 LIQUIDATED DAMAGES In the event Contractor violates or fails to perform any provision of the Contract Documents or fails to meet the parameters of the Project Schedule, then the City may elect to receive, and Contractor agrees to pay, liquidated damages in the amount of one hundred dollars ($100) 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. 3.19 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. The Contractor 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 City in writing. 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. Contractor and City shall coordinate communication with Private Property owners prior to and during construction. 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. 3.20 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 11 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. 3.21 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 3.26 below. 3.22 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. 3.23 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. 3.24 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. 12 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. A. 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. 3.25 TRAFFIC CONTROL All safety precautions, traffic control, and warning devices necessary to protect the public and workmen from hazards within the right -of -way shall be in strict accordance with SECTION 102, MAINTENANCE OF TRAFFIC, in the Florida Dept. of Transportation (FDOT) Std. The State of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations Specifications for Road and Bridge Construction, latest edition shall be used as minimum standards, as applicable. 13 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. 3.26 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. 3.27 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. 3.28 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 contract price. 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 14 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. 3.29 OPEN TRENCHES The Contractor shall fully comply with Florida Statutes and OSHA regulations with regard to open trenches during construction. The Contractor shall 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 City. 3.30 PLACEMENT OF HEAVY EQUIPMENT The Contractor shall not leave construction equipment parked in front of or on a residential lot overnight or on weekends. At the close of work each day, the equipment shall be driven to and stored in a designated area so that the equipment will not become an "attractive nuisance" to neighborhood children. All equipment left unattended during the course of a working day, shall not be left in a condition or location which would create a safety hazard to the general public. 3.31 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. 3.32 SANITARY PROVISION The Contractor shall provide and maintain such sanitary accommodations adequate for the use of his employees and those of his subcontractors, and as may be necessary to comply with the requirements and regulations of the local and state departments of health. Such facilities shall be made available when the first employees arrive on site of the Work, shall be properly secluded from public observation, and shall be constructed and maintained during the progress of the Work in suitable numbers and at such points and in such 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. 15 3.33 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. 3.34 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 City for review prior to initiation and implementation of the plan. 3.35 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 City for review prior to initiation and implementation of the plan. 3.36 WATER CONTROL The Contractor shall provide for satisfactory disposal of surplus water and shall submit a plan to the City 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. 3.37 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. Erosion control features shall be constructed concurrently with other work and at the earliest practicable time. ARTICLE IV - SUPERVISION AND ADMINISTRATION 4.0 CITY'S RESPONSIBILITY AND AUTHORITY All work done shall be subject to the construction review of the City. Any and all technical questions which may arise as to the quality and acceptability of materials furnished, work performed, or work to be performed, interpretation of Plans and Specifications and all technical questions as to the acceptable fulfillment of the Agreement on the part of the Contractor shall be referred to the City who will resolve such questions, 16 4.1 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. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. 4.2 CONSTRUCTION REVIEW OF WORK All materials and each part or detail of the Work shall be subject at all times to construction review of the City. 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. The City shall not be responsible for the acts or omissions of the Contractor. 4.3 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 required. 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. 4.4 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. 4.5 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, correct such deficiencies. The Contractor shall be charged all costs incurred to correct deficiencies. 4.6 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 17 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. 4.7 RIGHTS OF VARIOUS INTEREST Wherever work being done by the City's forces or by other contractors is contiguous to work covered by this Agreement, 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. 4.8 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. 4.9 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. 18 4.10 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. 4.11 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. 4.12 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. 4.13 SCHEDULE OF COMPLETION — CONTRACTOR INVOICING The Contractor shall provide a Schedule of Completion to the City which shows the amount of work that has been completed, inspected and accepted by the City. This statement will be issued to the City on the twenty -fifth (25th) day of every month as a request for Contractor's payment. 4.14 CITY'S ACTION ON A REQUEST FOR PAYMENT Within thirty (30) days from the date of receipt of a request for payment the City shall do one of the following: A. Approve and pay the request for payment as submitted. B. Approve and pay such other amount of the request for payment in the City shall deems due to the Contractor, informing the Contractor in writing of the reasons for paying the amended amount. C. Disapprove the request for payment, informing the Contractor in writing of the reasons for withholding payment. 4.15 CITY'S RIGHT TO WITHHOLD PAYMENT OF A REQUEST FOR PAYMENT The City may withhold payment in whole or in part on a request for payment to the extent necessary for any of the following reasons: 19 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. 4.16 CHANGES IN THE WORK 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. 4.17 PAYMENT FOR WORK BY CITY FOLLOWING CONTRACT TERMINATION 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 meruit basis for the work done prior to termination. If the cost of completing the Work shall exceed the unpaid balance, the Contractor 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. 20 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 on a quantum meruit basis and any work done or documents generated by the Contractor shall remain the property of the City. 4.18 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. 4.19 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. 4.20 CERTIFICATION OF RESTRICTIONS ON LOBBYING The Contractor agrees that no 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 the City of Sebastian. Any inappropriate lobbying activity shall be grounds for immediate termination of the Agreement. 4.21 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 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. 21 4.22 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. 4.23 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. 4.24 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. 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 showing proof of insurance, naming the City as an additional insured party, prior to the start of construction as provided in the Contract. 4.26 PERMITS All necessary permits for the prosecution of the Work shall be secured by the Contractor. 4.26 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 22 jurisdiction or authority over the Work, and shall indemnify and save harmless the City 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 Cont actor to adhere to any known law or regulation pertaining to furnishing services under th s Agreement shall constitute a material breach of this Agreement. ARTICLE V - MISCELLANEOUS 5.1 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. 5.2 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST: �-- Sally A. aio , CIVIC City C rk (SEAL) Approved as to Form and Content for: Reliance by the City of Sebastian Only obert A. Ginsburg City At rney THE PITY 0AEBASTIAN inner anager --------------------- - - - - -- CONTRACTOR ------------------- - - - - -- Signed, sealed and delivered in the presence of: M Print Name: Conlon L dscaping By: Title est� Print Name: Lao'3 23 "QUARTER ROUND" SWA.LE IMPROVEMENTS ANNUAL CONTRACT Bid D_ ue: No later than 11:00 AM, MONDAY NOVEMBER 1 2010 Bid Opening: 11:00 AM on Mondayl November 1, 2010 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. Installation of 44 uarter Round" Swale Im rovements per LF (au in) Name of Firm (Please type or Print) Firm's Address: ¢� p 2- Telephone Number: Fax Number: Name and Title of Authorized Representative (Please type or print) Signature of QAuthorize Representative Date Signed Email Address: Submitted by BUDDER QUALIFICATION QUESTIONNAIRE L Name of Bidder General Contractor's License # Federal Identification # Principal Office Address: 0 &2 Zcc, ( ) An Individual ( ) A Partnership ( ) A Corporation (1) How many years has your organization been in business as a contractor under your present name? (2) How many years experience in road and utility construction work has your organization had as a contractor? as As a Subcontractor? (3) List below the requested information 5 concerning completed in the last five Projects your organization has () years for the type of work required in this project. (Use additional sheets if necessary). this contract if possible. Include the type of work similar to the work included in Project Contract Required Actual Title Amount Completion Date Name /Address /Tel Completi� 'on Date of Owner (4) Have you ever failed to complete any work awarded to you? If so, where and why? (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. (6) Has any officer or partner of your organization ever failed to complete any construction contract handled in his own name? If so, state name of individual, name of owner and reason therefore. (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. (8) (9) What is your bonding capacity? What amount of your bonding capacity has been used as of the date of this bid? V (10) How many applications for performance and payment bonds have you made in the last three (3) years? (11) How many of these applications were not approved? (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.) (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? If so, describe the nature of the disputes or litigations and state the Owner's Name, Address, Telephone, and amount of disputes or litigations. (Use additional sheets if necessary.) Vi 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 nonresponsibility with respect to such contractor. (SI NATURE ODIDR) (TYPE OR PRINT COMPANY Ny re • �. •. t1 vii S) �C ),2 7 S PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections Florida Statutes, effective July 1, 1989. 287.132 - 133, 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 p ublic and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involvin g 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 o category two (currently $10,000) with any person or affiliate on the convicted vendor list fora period of 36 months from the date that person or affiliate was placed on the convicted vend unless that person or affiliate has been removed from the list pursuant to Section 287.133 3 list Florida Statutes. (3)(�� 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 services to THE CITY OF SEBASTIAN p ide goods or Contract/Agreement officer or Purchasing Director, as applicable. a The attached statement with the affidavit will be the form to be utilized and must be properly signed in the Presence d statement or Public or other officer authorized to administer oaths and properly executed. p ence of a notary THE INCLUSION OF TAT. TDY- — 1 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 ADMIlVISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Agreement No. for THE CITY OF SEBASTIAN. 2. T Cl- his s `orn statement is submitted by sworn statemen whose (name of business its Federal Employ Identification (FEIN) is no FEIN, .(If the entity has signing this sworn 3. My name is individual signing) �'���°'� lease p t� g) and my relationship to the entity nameprint abovee �s 4. I understand that a "public entity crime" as defined in Paragraph 287.133(l) (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 ) 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 verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. ry 6. I understand that an "affiliate" as defined in Paragraph 287. 1 133 a means: ()( ), Florida Statutes, (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 wo is active management of the entity and who has been convicted of a public entity crime. in the 2 The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133 1 e Flori da Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a. public entity, or which otherwise transacts or applies to transact business with a public entity. The term person includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) • Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with an d convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) 3 The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) LK 0.12�r (Signature) Date: �� j l Zc �a STATE OF FLORIDA COUNTY OF vicUto R, ve*- The fo e oint g ins", ent was acknowledged before me this rr day of ��d�'C'G�� 2010 by J7 n /t1 - L o r) jc)n behalf of o / (title) on known to me or has produced i ri (name of partnership), a partnership. He /she is personally take an oath, as identification and did () did not ( ) Name: My Commission Expires: Commission Number: l�iS'— ��I �- ��7 `p1Pµ� p�Bli�i MARSHA RYALL FROMANG Notary Public - State of Florida My Commission Expires Jun 16, 2012 Commission # DD 775047 4 DRUG -FREE WORKPLACE FORM that The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the, business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5• Impose a sanction on, or require the satisfactory or rehabilitation program if such is available inathel employee's ommuni as bstanance employee who is so convicted. ty, Y Y 6. Make a good faith effort to continue to maintain a drug free workplace throu h implementation of Paragraph 1 through 5. g As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: RVO p Signature 39 d I � r O < U) W O - p rD S -h �+ Q =`1 rD O C•+- Q 5s r0- rD 5 - n rD Ut r0 O A - in O o QJ:) �rD Q- = – o 3s -D L. ---I FL) D D z o L L -3-0 Q + rD m 0-0 0 Q � 0 0 rD rD rD Q 3 rD .3 rD rp T rD � o � �7 0 Dm 5 . Z d I � r O < U) W O - rD S -h �+ Q =`1 } r C+ i�37 5s �•� CN < Ey h 0 C7 O rD pc+ ;7- �R g- S O O rD o rD Ut r0 O A - in O o QJ:) Q c+ Q rD = – o 3s -D L. �+ rD ID - 4rDQ�+ a" Q 7 n M z o • Q LA c+ -3-0 Q + rD rD s 0-0 0 n m � 0 � � � Q Q ro O (D'. 0 4- Q rD � Q o� A V) 0 I •-C RX Date /Time 11/01/2010 13:17 407 884 6014 P1001 Nov. 1. 2010 1:12PM CF Insurance Services Inc. No. 9277 P. 1/1 Ac°R °® CERTIFICATE OF LIABILITY INSURANCE 11 /l /2010 rci'.O. ODUCER (407) 884 -7843 FAX: (407) 884 -6014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION F Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Box 1189 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Apopka FL 32704 -1189 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Bankers Insurance Group Conlon Landscaping, Inc. INSURER B: Progressive Express Insurance 10193 706 S Easy St INSURER C: Assurance Compamy Of America 19305 INSURER D: Sebastl n FL 32958 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OFSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DDL P F 1 POLICY NUMBER POLICY EFFECTIVE DATE MMIODIYYYV POLICY EXPIRATION DATE (MMIDDIYYYYI LIMITS Jon DeClue /TONYA =-'�✓" GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 DAMAGE TO RERTE6—' PREMISES Ea occurrence $ 100,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FX_1 OCCUR 09 0005334895 5 02 2/19/2010 2/19/2011 MED EXP (Any one person) $ cJ 000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ 1,000,000 X POLICY PRO- LOC JECT AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 B X X ALL OWNED AUTOS SCHEDULED AUTOS 2270030 -7 8/28/2010 8/28/2011 BODILYINJURY (Per person) $ BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR FI CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION WC STATU- I OTH- AND EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTNER/EXECUTIVE ❑ OFFICER MBER EXCLUDED? WM E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under E.L. DISEASE -POLICY LIMIT 1 $ SPECIAL PROVISIONS below C OTHER C68934233 8/17/2010 8/17/2011 Inland Marine DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Sebastian is added as an Additional Insured in respect to the Automobile Liability CERTIFICATE HOLDER ra Wrri I ATTnIJ (772)581-0149 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN City of Sebastian NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 1225 Main Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Sebastian, FL 32958 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Jon DeClue /TONYA =-'�✓" A%.VKU LO kZVUVIVTJ W IVtlV-2UUy AGUKU UUKPUKAIIUN. All rlgnis reserved. INS025 (200901).01 The ACORD name and logo are registered marks of ACORD RX Date /Time 11101/2010 14(15 P,001 CERTIFICATE OF LIABILITY INSURANCE Date 11/1/2010 Producer: Lion Insurance Company This Certificate is issued as a matter of Information only and confers no rights 2739 U.S. Highway 19 N. Holiday, FL 34691 upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policies below. Insurers Affording Coverage NAIC # Insured: South East Personnel Leasing, Inc. 2739 U.S. Highway 19 N. Insurer A: Lion Insurance Company 11075 Insurer 8: Insurer c: Holiday, FL 34691 Insurer D: Insurer E: Coverages The policies o insurance listed below have been issued to the insured named above for the polity period indicated. otwithstanding any requirement, term or condition of any contract or other documentwith respect to which this certficate may be issued or may pertain, the inarance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. INSR LTR ADDL INSRD Type of Insurance Policy Number Policy Effective Date Policy Expiration Date Limits (MM /DD/YY) (MM /DD/YY) GENERAL LIABILITY Each Occurrence $ Commercial General Liability Claims Made 11 Occur Damage to rented premises (EA occurrence) $ Mod Exp $ General aggregate limit applies per: Personal Adv Injury $ General Aggregate $ Policy 11 Project ❑ LOC Products- ComplOp Agg $ AUTOMOBILE LIABILITY Combined Single Limit Ary Auto (EA Accident) $ All Owned Autos Bodily Injury Scheduled Autos (Per Person) $ Bodily Injury Hired Autos Non -Owned Autos (Per Accident) $ Property Damage (Per Accident) $ EXCESS /UMBRELLA LIABILITY Each Occurrence Occur ❑ Claims Made Aggregate Deductible A Workers Compensation and Employers' Liability WC 71949 01/01/2010 01/01/2011 X WC Statu- tory Limits OTH- ER E. L. Each Accident $1,000,000 Any proprietor /partner /executive officer /member excluded? E.L. Disease - Ea Employee $1,000,000 If Yes, describe under special provisions below. E.L. Disease - Policy Limits $1,000,000 Other f Lion Insurance Company is A.M. Best Company rated A- (Excellent). AM # 12616 Descriptions of Operations /Locations/Vehicles /Exclusions added by Endorsement /Special Provisions: Client ID: 31 -66 -012 Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. that are leased to the following "Client Company ": Conlon Landscaping, Inc. Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. active employee(s) , while working in Florida. Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity. A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937 -2138 or by calling (727) 938 -5562. Project Name: FAX: 772 - 228 -9677 & 772 -581 -0149 / ISSUE 09 -25-08 (SD) / RENEWAL 12 -17 -09 (SH) / REISSUE 11 -01 -10 (TD) Begin Date: 6/11/2007 CERTIFICATE HOLDER CANCELLATION CITY OF SEBASTIAN ATTN: JEAN TARVE LL Should ary of the above described policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named b the left, but failure to do so shag impose no obligation or liability of any kind upon the insurer, its agents or representatives. 1225 MAIN STREET SEBASTIAN, FL 32958 ��� RX Date /Time 02/28/2012 10 :57 P.001 Feb. 28• 2012 10:50AM No. 7104 P. 1/1 lkl Kl CERTIFICATE OF LIABILITY INSURANCE Lam" 2/28/2o�2Y' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER C F Insurance Services, Inc. P.O. Box 1189 Apopka FL 32704 -1189 NAME: House Agent PHONE x (407) 884 -7843 A1C No: (407) 884 -6014 IAI�l WVQ INSURER(S) AFFORDING COVERAGE NAIC Y INSURER Accident Insurance Company LIMITS INSURED Conlon Landscaping, Inc. 706 S Easy St Sebastian FL 32958 INSURERB:De ositors Insurance Conpany 42587 INSURER Assurance Campamy Of America 19305 INSURERD: INSURER E: $ 1,000,000 INSURER F: $ 100,000 COVERAGES CERTIFICATE NUMBER:CL1222810268 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR WVQ POLICY NUMBER (MMIMIYYYYI MM1DD YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 100,000 X1 COMMERCIAL GENERAL LIABILITY A CLAIMS -MADE ❑X OCCUR k90940 /21 /2012 /21 /2013 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOP AGG $ 2,000,000 $ X POUCYLI PRO LOC JEC� AUTOMOBILE LIABILITY Ea acciden t)I 1,000,000 BODILY INJURY (Per person) $ B ANY AUTO ALL OWNED SCHEDULED AUTOS X AUTOS X PLCP5905230801 /28/2011 /28/2012 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Peraccident $ NON -OWNED HIRED AUTOS AUTOS Premium discount $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNERlEXECUTIVE WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ OFFICERIMEMBEREXCLUDED? NIA (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below C Contractors Equipment EC68934233 /17/2011 /17/2012 Inland Marine $250,000 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more apace is required) City of Sebastian is added as an Additional Insured in respect to the Automobile Liability CERTIFICATE HOLDER CANCELLATION (772)581-0149 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Sebastian 1225 Main Street AUTHORIZED REPRESENTATIVE Sebastian, FL 32958 Jon DeClue /JENN ACORD 25 (2010105) I NS025 (201005).01 © 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD .. -. .... L 11 a .�ui ar n.c vvr a cn r 2739 U.S. Highway 19 N. g y Holiday, FL -34691 ....... . — ......,. ... ... .... w...c.... rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policies below. 727 938 -5562 Insurers Affording Coverage NAIC # Insured: South East Personnel Leasing, Inc.& Subsidiaries Insurer A: Lion Insurance Company 11075 Insurer B: 2739 U.S. Highway 19 N. Holiday, FL 34691 Insurer C: Coverages The policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, tens or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. INSR LTR ADDL INSRD Type of Insurance YP Policy Y Policy Effective Date Policy Expiration Date Limits (MM /DD/YY) (MM /DD/YY) GENERAL LIABILITY Each occurrence Commercial General Liability Claims Made ❑ Occur Damage to rented premises (EA occurrence) Mad Exp Personal Adv Injury eneral aggregate limit applies per: General Aggregate Policy ❑ Project ❑ LOC Products - Comp /Op A99 AUTOMOBILE LIABILITY Combined Single Limit Any Auto (EA Accident) Bodily Injury All Owned Autos I Scheduled Autos (Per Person) R'di!y 1n;,Ir . K, n ; Auiva jNon -Owned Autos (Per Accident) Property Damage (Per Accident) EXCESS /UMBRELLA LIABILITY Each Occurrence Occur Claims Made Aggregate Deductible A Workers Compensation and Employers' Liability WC 71949 01/01/2012 01/01/2013 X WC Statu- tory Limits I OTH- ER Any proprietor /partner /executive officer /member excluded? E.L. Each Accident 1$1,000,000 E.L. Disease - Ea Employee 1$1,000,000 If Yes, describe under special provisions below. E.L. Disease -Policy Limits P11,000,000 Other Lion Insurance Company is A.M. Best Company rated A- (Excellent). AMB # 12616 Descriptions of Operations /Locations/Vehicles /Exclusions added by Endorsement/Special Provisions: Client ID: 31 -66 -012 Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. & Subsidiaries that are leased to the following "Client Company ": Conlon Landscaping, Inc. Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. & Subsidiaries active employee(s) , while working in Florida. Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity. A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937 -2138 or by calling (727) 938 -5562. Project Name: FAX: 772 - 228 -9677 & 772 - 581 -0149 / ISSUE 09 -25 -08 (SD) / RENEWAL 12 -17 -09 (SH) / REISSUE 11 -01 -10 (TD) / REISSUE 09 -15 -11 (SD) Begin Date 6/11/2007 CERTIFICATE HOLDER CANCELLATION CITY OF SEBASTIAN Should any of the above described policies be cancelled before the expiration date thereof, the ATTN: JEAN TARVELL issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to do so shall impose no obligation or liability of a ny kind upon the insurer, its 1225 MAIN STREET agents or representatives, Rrifsrw• SEBASTIAN, FL 32958 CERTIFICATE OF LIABILITY INSURANCE Date 2/11/2012 . Producer: Insurance Company This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N g y N. rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policies below. Holiday, FL 34691 727 938 -5562 Insurers Affording Coverage NAIL # Insured: South East Personnel Leasing, Inc.& Subsidiaries Insurer A: Lion Insurance Company 11075 Insurer 6: 2739 U.S. Highway 19 N. Insurer C. Holiday, FL 34691 Coverages The policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, tens or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. INSR LTR ADDL INSRD Type of Insurance Policy Number Policy Effective Date Policy Expiration Date Limits (MM/DDNY) (MM/DDNY) GENERAL LIABILITY Each Occurrence Commercial General Liability Claims Made [] Occur Damage to rented premises (EA occurrence) Mad Exp Personal Adv Injury General aggregate limit applies per: Policy ❑ Project ❑ LOC General Aggregate Products - Comp /Op Agg AUTOMOBILE LIABILITY Combined Single Limit (EA Accident) i Any Auto Bodily Injury All Owned Autos (Per Person) Scheduled Autos Bodily Injury Hired Autos Non -Owned Autos (Per Accident) Property Damage (Per Accident) EXCESS /UMBRELLA LIABILITY Each Occurrence Aggregate Occur ❑ Claims Made Deductible A Workers Compensation and Employers' Liability WC 71949 01/0112013 01/01/2014 X WC Statu- I tory Limits OTH- ER E.L. Each Accident 1,000,000 Any proprietor /partner /executive officer /member excluded? . E.L. Disease -Ea Employee 1,000,000 E.L. Disease - Policy Limits Ill ,000,000 it If Yes, describe under special provisions below. ° other Lion Insurance Company is A.M. Best Company rated A- (Excellent). AMB # 12616 Descriptions of Operations /LocationsNehicles /Exclusions added by Endorsement/Special Provisions: Client ID: 31 -66 -012 i t Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. & Subsidiaries that are leased to the following "Client Company ": Conlon Landscaping, Inc. Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. & Subsidiaries active employee(s) , while working in Florida. Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity. A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937 -2138 or by calling (727) 938 -5562. Project Name: I FAX: 772 - 228 -9677 & 772 - 581 -0149 / ISSUE 09 -25 -08 (SD) / RENEWAL 12 -17 -09 (SH) / REISSUE 11 -01 -10 (TD) / REISSUE 09 -15 -11 (SD) Begin Date: 6/11/2007 CERTIFICATE HOLDER CANCELLATION CITY OF SEBASTIAN Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the ATTN: JEAN TARVELL left, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its 1225 MAIN STREET coon cT�nu n �nocn agents or representatives. 28601 D3 INQ, PpgTLion Insurance Company 2739 U.S. Hi hwa 19 N. Holiday, FL 34691 0006556597 D C 1 2 2012 MAILED FROM ZIPCODE 34691 CITY OF SEBASTIAN ATTN: JEAN TARVELL 1225 MAIN STREET SEBASTIAN, FL 32958 RX Date /Time 02/15/2013 09:04 P,001 ,,Feb, 15. 2013 9:51AM No. 6413 P. 1/1 ,JCORDr CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYY � 2//14/14/2001 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 7 CERTIFICATE: DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLIC E BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORI E REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, sub)ec the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to certificate holder in Ileu of such andorsemandal. PRODUCER NAM11 CONTACT Houaa Agent; C F Insurance Services, Inc. PHONE (407) 884 -7843 Nal- (407)984 -9014 P.O. Box 1189 5-M - A14 A opxa FL 32704 -1189 INSURED Conlon Landscaping, Inc, 706 S Easy St senastmaa FL 32958 IINSURPRP _ COVERAGES CERTIFICATE NUMBER:CL1321412731 REVISION NUMBER; - THIS 18 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PE INDICATED. NO- IWITHSTANDING ANY REQUIREMENT, PERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH CE=RTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, u TYPlOPINSURANCE suag AU wvn POLIO ER MMUCYlI I YlXP LIMITS GENERAL LIABILITY EACH OCCURRENCE I 1,OC X COMMERCIAL GENERAL LIABILITY e 6acurrencal I LC A CLAIMS -MADE ® OCCUR UPP500156000 /21/2013 212112014 MED EXP (Any one person) I PERsmml a anv iu a iev a 1 Af AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN OFFICERWFINIBER EXCLUDED? NIA E.L. EACH ACCIDENT (Mandatory In NH) If yyes describe under E.L. DISEASE - EA EM DEBLt eIPTION OF OPERATI NS below E.L. DISFA9E . POLIe DESCRIPTION OF OPERATIONS I LOCATIONS I VENICLES (Attach ACORD 101, Additional Retnerke Schedule, If men apat:a la roqulred) City Of Sebastian is added as an Additional Insured in respect: to the Automobile Liability (772) 581 -0149 City of Sebastian 1225 Main Street Sebastian, FL 32958 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEP RE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE Jon DsClue /JENNa� ACORD 25 (2010108) ®19862010 ACORD CORPO INS025 (2oiowpi The ACORD name and logo are registered marks of ACORD All rights GENERAL AGGREGATE I 2,0 OE N'P AGGREGATE LIMIT APPLIES PER: X PR 7 PRODUCTS • COMPIOP AGG E 2 , 0 E POLICY LOC AUTOMOBILE LIABILITY DO BINED IMIT 1 8 ANY AUTO BODILY INJURY (Per pereen) ALL OWNED X SCHEDULED AUTOS AUTOS x CP590523DB01 9/28/2012 8/28/2013 90DILY INJURY (Per acddent) E NON-OWNED HIRED AUTOS AUTOS AUTOS ERTr RAM I P PrafffluMA40ount I UMBRELLA LIAR OCCUR EACH OCCURRENCE I 71EXCCOG LIAB n.. ,.e ....� AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN OFFICERWFINIBER EXCLUDED? NIA E.L. EACH ACCIDENT (Mandatory In NH) If yyes describe under E.L. DISEASE - EA EM DEBLt eIPTION OF OPERATI NS below E.L. DISFA9E . POLIe DESCRIPTION OF OPERATIONS I LOCATIONS I VENICLES (Attach ACORD 101, Additional Retnerke Schedule, If men apat:a la roqulred) City Of Sebastian is added as an Additional Insured in respect: to the Automobile Liability (772) 581 -0149 City of Sebastian 1225 Main Street Sebastian, FL 32958 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEP RE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE Jon DsClue /JENNa� ACORD 25 (2010108) ®19862010 ACORD CORPO INS025 (2oiowpi The ACORD name and logo are registered marks of ACORD All rights