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Contract 2023-076ADocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61B34ECF8B8D
AGREEMENT No. 2023-076
PAVEMENT MANAGEMENT
THIS AGREEMENT, is made and entered into this 9th day of August 2023, by and between the
CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida
whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"),
and ASPHALT PAVING SYSTEMS, INC., whose address is: 9021 Wire Road, Zephyrhills, FL
33541, (hereinafter referred to as "CONTRACTOR").
WHEREAS, City of Gainesville through the public procurement process awarded an Agreement
for, Pavement Management Contract Number 230508;
WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's
response thereto and Agreement in accordance with CITY's procurement policy; and
WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and
conditions of the City of Gainesville Contract Number 230508;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree
as follows:
SCOPE OF WORK
The CONTRACTOR shall furnish micro -surfacing asphalt services as described in the City of
Gainesville Contract Number 230508, which is attached hereto and incorporated herein as Exhibit
"A" and shall perform everything required by this Agreement and the other exhibits attached
hereto. Provided, however, that nothing herein shall require CITY to purchase or acquire any items
or services from CONTRACTOR that is not specified in the CITY's purchase order. To the extent
of a conflict between this Agreement and Exhibit "A", the terms and conditions of this Agreement
shall prevail and govern. In all instances the CITY purchasing policy, resolutions and ordinances
shall apply.
2. THE CONTRACT SUM
CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the
Agreement documents and the Price Schedule as set forth in Exhibit "B", attached hereto and
incorporated herein.
3. TERM AND TERMINATION
A. This Agreement is to become effective upon execution by both parties, and shall remain
in effect until Saturday, September 30, 2023 unless terminated or renewed by City of
Gainesville.
B. Notwithstanding any other provision of this Agreement, CITY may, upon written notice
to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's
convenience upon thirty (30) days written notice to CONTRACTOR b) if
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CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general
assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of
the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a
labor dispute, which threatens to have a substantial, adverse impact upon the performance
of this Agreement, without prejudice to any other right or remedy CITY may have under
this Agreement. In the event of such termination, CITY shall be liable only for the
payment of all unpaid charges, determined in accordance with the provisions of this
Agreement, for work, properly performed and accepted prior to the effective date of
termination.
C. Upon mutual Agreement of the parties, this Agreement may be renewed for two (2)
additional two (2) year renewal.
4. PROVISION OF SERVICES AND COMPLETION OF WORK
A. The CONTRACTOR shall only provide to CITY the services contained under the Scope
of Work upon receipt of an authorized order from CITY and shall provide the requested
items in the timeframe and as set forth in City of Gainesville Contract Number 230508 or
in the specific purchase order or authorized order submitted by CITY. Nothing herein
shall obligate CITY to purchase any specific amount of product from CONTRACTOR or
create an exclusive purchase agreement between CITY and CONTRACTOR. CITY shall
not be obligated or required to pay for any items received until such time as CITY has
accepted the items in accordance with the order provided to CONTRACTOR.
B. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if it
has an issue or question related to the fulfillment of the order or whether there will be any
delay in providing the items requested. Failure of CONTRACTOR to so notify CITY will
preclude CONTRACTOR from seeking payment of any kind for any items that were
delayed in delivery. Upon receipt of notification of the delay, CITY may at its sole option
cancel the order and seek the items from any available source.
C. It is expressly understood and agreed that the passing, approval, and/or acceptance of any
gasoline, diesel, kerosene, LP gas, and bio-diesel herein by CITY or by any agent or
representative as in compliance with the terms of this Contract shall not operate as a
waiver by the CITY of strict compliance with the terms of this Contract and the CITY
may require the CONTRACTOR replace the accepted gasoline, diesel, kerosene, LP gas,
and bio-diesel so as to comply with the warranties and specifications hereof.
D. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY
to purchase any minimum quantity of product during the term hereof.
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5. PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall
submit an invoice to CITY upon completion of the services and delivery of products to CITY as
set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for
all accepted deliveries and undisputed product delivered and services provided, within thirty (30)
calendar days of receipt of the invoice.
6. DISPUTE RESOLUTION - MEDIATION
A. Any claim, dispute or other matter in question arising out of or related to this Agreement
shall be subject to mediation as a condition precedent to voluntary arbitration or the
institution of legal or equitable proceedings by either party.
B. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other
matters in question between them by mediation.
C. The parties shall share the mediator's fee and any filing fees equally. The mediation shall
be held in Clermont, Lake County, Florida, unless another location is mutually agreed
upon. Agreements reached in mediation shall be enforceable as settlement Agreements in
any court having jurisdiction thereof.
7. INSURANCE AND INDEMNIFICATION RIDER
7.1. Worker's Compensation Insurance
The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's
Compensation Insurance for all its employees connected with the work of this Project and, in case
any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide
Worker's Compensation Insurance for all of the subCONTRACTOR employees unless such
employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall
comply with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the Worker's
Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the
CITY, for the protection of employees not otherwise protected.
7.2. CONTRACTOR's Commercial General Liabilitv Insurance
The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial
General Liability and Business Automobile Liability Insurance as shall protect it from claims for
damage for personal injury, including accidental death, as well as claims for property damages
which may arise from operating under this Agreement whether such operations are by itself or by
anyone directly or indirectly employed by it, and the amount of such insurance shall be as follows:
A. CONTRACTOR's Commercial General Liability, $1,000,000 Each, ($2,000,000
aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
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B. Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage
Occurrence, Combined Single Limit
C. Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to
provide coverage on an occurrence basis.
7.3. Indemnification Rider
A. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold
harmless the CITY and its employees from and against all claims, damages, losses and
expenses, including but not limited to reasonable attorney's fees, arising out of or
resulting from its performance of the Work, provided that any such claim, damage, loss
or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the Work itself) , and (2) is caused in whole
or in part by any negligent act or omission of the CONTRACTOR, any subcontractor,
anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable, regardless of whether or not such acts are caused in part by a party
indemnified hereunder. Such obligation shall not be construed to negate, abridge, or
otherwise reduce any other right to obligation of indemnity which would otherwise exist
as to any party or person described in this Article; however, this indemnification does not
include the sole acts of negligence, damage or losses caused by the CITY and its other
contractors.
B. In any and all claims against the CITY or any of its agents or employees by any
employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, the
indemnification obligations under this Paragraph shall not be limited in any way by any
limitation on the amount or type of damages, compensation or benefits payable by or for
the CONTRACTOR or any subcontractor under workers' or workmen's compensation
acts, disability benefit acts or other employee benefit acts.
C. The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and
valuable consideration from the CITY for the indemnification provided herein.
8. NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with return
receipt requested and postage prepaid, or by nationally recognized overnight courier service to the
address of the party set forth below. Any such notice shall be deemed given when received by the
party to whom it is intended.
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A. CONTRACTOR:
• Asphalt Paving Systems, Inc.
• Attn: Robert Capoferri
• 9021 Wire Road, Zephyrhills, FL 33541
A. OWNER:
• City of Clermont
• Attn: Brian Bulthuis, City Manager
• 685 W. Montrose Street, Clermont, FL 34711
9. MISCELLANEOUS
9.1. Attorneys' Fees
In the event a suit or action is instituted to enforce or interpret any provision of this Agreement,
the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as
attorneys' fees at trial or on any appeal, in addition to all other sums provided by law.
9.2. Waiver
The waiver by city of breach of any provision of this Agreement shall not be construed or operate
as a waiver of any subsequent breach of such provision or of such provision itself and shall in no
way affect the enforcement of any other provisions of this Agreement.
9.3. Severability
If any provision of this Agreement or the application thereof to any person or circumstance is to
any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified
in such a manner as to make the Agreement valid and enforceable under applicable law, the
remainder of this Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest
extent permitted by applicable law.
9.4. Amendment
Except for as otherwise provided herein, this Agreement may not be modified or amended except
by an Agreement in writing signed by both parties.
9.5. Entire Agreement
This Agreement including the documents incorporated by reference contains the entire
understanding of the parties hereto and supersedes all prior and contemporaneous Agreements
between the parties with respect to the performance of services by CONTRACTOR.
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9.6. Assiamment
Except in the event of a merger, consolidation, or other change of control pursuant to the sale of
all or substantially all of either party's assets, this Agreement is personal to the parties hereto and
may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of
city.
9.7. Venue
The parties agree that the sole and exclusive venue for any cause of action arising out of this
Agreement shall be Lake County, Florida.
9.8. Applicable Law
This Agreement and any amendments hereto are executed and delivered in the State of Florida and
shall be governed, interpreted, construed and enforced in accordance with the laws of the State of
Florida.
9.9. Public Records
Contractor expressly understands records associated with this project are public records and agrees
to comply with Florida's Public Records law, to include, to:
A. Keep and maintain public records that ordinarily and necessarily would be required by
the CITY in order to perform the services contemplated herein.
B. Provide the public with access to public records on the same terms and conditions that the
CITY would provide the records and at a cost that does not exceed the cost provided in
this Florida's Public Records law or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all
public records in possession of CONTRACTOR upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. CONTRACTOR shall use reasonable efforts to
provide all records stored electronically to the CITY in a format that is compatible with
the information technology systems of the CITY.
E. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR
SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY
CLERK'S OFFICE, (352) 241-7331.
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10. AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement as if
herein repeated.
Document Precedence:
A. This Agreement
B. Purchase Order / Notice To Proceed
C. An applicable Contractor Quote or Statement of Work
D. All documents contained in the City of Gainesville Contract Number 230508.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 1 Ith day of
July 2023.
CITY OF CLERMONT
DocuSigned by:
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Tim Murry, Mayor DS
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Tracy Ackroyd Howe, City Clerk
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ASPHALT PAVING SYSTEMS, INC.
DocuSigned by: �m
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(Signature
Print Name: Robert Capofe r ri
Title: President
Date: 8/11/202 3
DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61B34ECF8B8D
CONTINUING SERVICES AGREEMENT FOR PAVEMENT MANAGEMENT
THIS AGREEMENT is entered into this day 8th of May . 2023, between ASPHALT
PAVING SYSTEMS, INC., a New Jersey corporation registered to do business in Florida ("Contractor")
and CITY OF GAINESVILLE, a Florida municipal corporation ("City"). Collectively, the City and
Contractor are hereinafter referred to as the "Parties."
WITNESSETH:
In consideration of the mutual promises and covenants contained herein, and other good and valuable
consideration, thereceipt and sufficiency of which is acknowledged by the Parties, the Parties hereby agree
as follows:
1 THE WORK. The Contractor shall furnish all labor, material, equipment, and services covered by all
documentsattached as exhibits and incorporated by reference in this Agreement, hereinafter collectively
referred to as "Contract Documents", which shall include all necessary work and all work incidental
thereto (the "Work"). All Work shall be performed and completed in accordance with the Contract
Documents. The Contract Documents are made part of this Agreement as set forth herein. Receipt of the
Contract Documents are herein acknowledged by the Contractor.
2 TERM AND PRICING.,
2.1. Term. The Agreement is effective upon execution by both Parties and shall continue through
September 30, 2023 unless earlier terminated as provided herein. The Parties may renew this
Agreement for two (2) additional (2) year periods at the same terms and conditions outlined herein.
2.1.1. The City's performance and obligation to pay under this Agreement is contingent upon a
specific annual appropriation by the City Commission. The Parties hereto understand that this
Agreement is not a commitment of future appropriations. Therefore, the continuation of this
Agreement beyond the end of any fiscal year shall be subject to both the appropriation and the
availability of funds in accordance with Chapter 129, Florida Statutes, and that the failure of
the City Commission to do so shall not constitute a breach or default of this Supplemental
Agreement.
2.2. Pricing. The Contractor shall be paid a sum not to exceed $4,000,000.00 per fiscal year. The City
shall pay the Contractor in accordance with the pricing, as adjusted as provided herein, contained in
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the Contractor's Bid Submittal dated January 27, 2023, which is shown in Exhibit 1, for all services
actually, timely and faithfully performed.
2.2.1. Monthly bituminous adjustments are applicable to this Agreement as outline in the Technical
Specifications.
2.2.2. The City reserves the option to add additional services within the scope of the original bid.
Such additional services and pricing shall be authorized in the form of a Work Order per
Paragraph 4 of this Agreement.
2.2.3. The City shall reimburse the Contractor any costs and fees associated with Payment and
Performance Bonds required by Paragraph 6 of this Agreement plus a three percent (3%) mark-
up. Costs, fees and mark-up shall be authorized in the Work Order per Paragraph 4 of the
Agreement.
2.2.4. Inasmuch as failure to complete the a Work Order within the time fixed will result in substantial
injury to the City and whereas damages arising from such failure cannot be calculated with any
degree of certainty, it is hereby agreedthat if such Work has not reached Milestone, Substantial or
Final Completion within the time required a Work Order, the Contractorshall pay the City as
liquidated damages and not as a penalty the sum outlined in the Technical Specifications for
each and every calendar day after the date fixed for Milestone, Substantial or Final Completion.
2.2.5. Unit prices may be adjusted with term renewals based on a Consumer Price Index or Producer
Price Index acceptable to the Parties.
3 COMPLIANCE WITH REGULATIONS.
3.1 The Contractor shall comply with all laws, ordinances, regulations and building code requirements
applicable to the Work. The Contractor shall be familiar with all state and local laws, ordinances, code
rules and regulations thatmay in any way affect the Work. Ignorance on the part of the Contractor will
in no way relieve the Contractor of responsibility. The Contractor shall abide by and conduct its
programs and provide its services in compliance withthe provisions of the Civil Rights Act of 1866,
Civil Rights Act of 1871, Equal Pay Act of 1963, Civil Rights Act of 1964, Age Discrimination and
Employment Acts of 1967, Rehabilitation Act of 1973, 1990 Americans with Disabilities Act, 1991
Federal Civil Rights Act, 1992 Florida Civil Rights Act, and all other applicable ordinances, statutes,
laws and amendments thereto.
3.2 The Contractor shall (1) utilize the U.S. Department of Homeland Security's E-Verify system to verify
the employment eligibility of all new em�loyees hired by the Contractor during the term of the
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Agreement; and (2) shall expressly require any subcontractors performing work or providing services
pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify
system to verifythe employment eligibility of all new employees hired by the subcontractor during the
contract term. Alternatively, Contractor shall provide proof that one of the exceptions to the E-Verify
federal contractor rule applies.
3.3 Livina Wage. The definitions, terms and conditions of the City's living wage requirements set forth
in Division 2 of Article IX of Chapter 2 of the City's Code of Ordinances shall apply to this
Agreement. These requirements include that the Contractor:
3.3.1 Shall pay a living wage to each covered employee during the term of this Agreement, including
any extension(s) to this Agreement;
3.3.2 Shall maintain records sufficient to demonstrate compliance with the living wage
requirements;
3.3.3 Shall not discharge, reduce the compensation of, or otherwise retaliate against any covered
employee for filing a complaint, participating in any proceedings or otherwise asserting the
requirement to pay a living wage; and
3.3.4 Shall cooperate with any city audit or investigation concerning compliance with or a reported
violation of the living wage requirements, including providing all requested documentation.
Failure to comply with the City's living wage requirements shall be a material breach of this Agreement,
enforceableby the City through all rights and remedies at law and equity.
3.4 Apprentice and Disadvantage Worker Reauirements. Contractor shall comply with the
requirements of the Apprentice and Disadvantaged Workers as outlined in Article XI, Chapter 2 of
the City's Code of Ordinances for Work Orders issued in excess of $300,000. Reporting requirements
therein shall be completed in accordance with Paragraph 29. Failure of the contractor to comply with
the ordinance may result in termination of the contract.
4 AUTHORIZATION FOR WORK.
4.1 All services under this Agreement shall be authorized and performed in accordance with a written
and jointly executed Work Order. A sample Work Order is included as Exhibit 2. Each Work Order
shall consist of the work to be performed by the Contractor, the project schedule and any specific or
special provisions, pricing or specifications. Modifications to existing work orders shall be authorized
and performed in accordance with a written and jointly executed Work Order Amendment. A sample
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Work Order Amendment is included as Exhibit 3. The City Manager, or designee, is authorized to
initiate and sign Work Orders and Work Order Amendments on behalf of the City up to the amount
authorized in Paragraph 2.
5 PERFORMANCE AND PAYMENT BONDS.
5.1 Within ten (10) business days after signature of Work Order in excess of $200,000.00 by the Parties,
Contractor shall provide the City with Payment and Performance Bonds, in the forms prescribed as
Exhibits 4 & 5, in the amount of 100% of the total sum of the Work Order, the costs of which are to
be paid by the Contractor.
5.2 If the surety for any bond furnished by the Contractor is declared bankrupt, becomes insolvent, its
right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed
by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute
another bond and surety, both of which shall be subject to the minimum requirements noted above
and City's approval.
5.3In accordance with §255.05(1)(a), Florida Statutes, the Contractor shall record a copy of the
Performance and Payment Bonds in the Public Records of Alachua County, Florida, prior to
performing any Work under this Agreement. The Contractor shall deliver a certified copy of the
recorded Performance and Payment Bonds to the City at least five (5) days prior to performing any
Work. The timely delivery of the certified copy of the recorded Performance and Payment Bonds is a
condition precedent to City's obligation to make any payments to the Contractor hereunder.
5.4 If at any time after the execution of this Agreement and the surety bonds required for its faithful
performance and payment, the City shall deem the surety or sureties upon such bond to be
unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the
Work, the Contractor shall, at its own expense, within five (5) days after the receipt of notice from
the City to do so, furnish an additional bond or bonds in such form and amount, and with surety or
sureties as shall be satisfactory to the City. In such event, no further paymentto the Contractor shall
be deemed to be due under this Agreement until such new or additional security for the faithful
performance of the Work shall be furnished in a manner and form satisfactory to the City.
6 NOTICES. Except as otherwise provided in this Agreement, any notice of default or termination
from either party to the other party must be in writing and sent by certified mail, return receipt requested,
by personal delivery withreceipt or by electronic mail to the email addresses below. Notices shall be
deemed delivered two (2) business days after mailing, unless made by personal delivery in which case
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delivery shall be deemed to occur upon actual receipt bythe other party or by electronic mail in which
case delivery shall be deemed to occur upon sending the communication. For purposes of all notices,
Contractor and City representatives and addresses are:
City:
City of Gainesville Public Works
PO Box 490 MS 58
Gainesville, FL 32627-0490
Attn: Operations Manager
pubwrk@cityofgainesville.org
Contractor:
Asphalt Paving Systems, Inc.
9021 Wire Rd
Zephyrills, FL 33541
Attn: Robert Capoferri
FLestimating@asphaltpavingsystems.com
7 WAIVER OF CLAIMS AND CONTINUING OBLIGATIONS.
7.1 It is agreed that when all Work for authorized by a Work Order has reached Final Completion and has
been inspected and approved by the City, orthe City's authorized representatives, the Contractor shall
furnish to the City the Contractor's Final Affidavit in theform attached hereto as Exhibit 6, or other
such release as provided for in §255.05, Florida Statutes, and agreed to by the City. Submission of the
Contractor's invoice for final payment shall further constitute the Contractor's representation to the
City that all obligations of the Contractor to others, including but not limited to its consultants,
subcontractors, and suppliers, incurred in connection with the Work Order have been paid in full.
Contractor shall include, with its invoice for final payment, executed and notarized Waivers of Right to
Claim against the PaymentBond, in the form attached hereto as Exhibit 7, from all laborers,
materialmen and subcontractors defined in §713.01, Florida Statutes, who furnished labor, services,
or materials for the prosecution of the Work providedfor in the applicable Work Order, unless the
Contractor provides the City with a written consent from the surety regarding the Work Order or the
payment in question.
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7.2 The Contractor's obligations to perform the Work and complete the project in accordance with the
Contract Documents shall be absolute. Neither approval of any progress, nor approval of any payment
by the City, nor the issuance of a certificate of substantial completion, nor any use or occupancy of
the project or any part thereof by the City, nor any act of acceptance by the City, nor any failure to do
so, nor any correction of faulty or defective work by the City shall constitute an acceptance of Work
not in accordance with the Contract Documents.
7.3 The making and acceptance of final payment shall constitute:
7.3.1 A waiver of all claims by the City against the Contractor, other than those arising from unsettled
liens, fromfaulty or defective work appearing after final payment, or from failure to comply
with the requirements ofthe Contract Documents or the terms of any special guarantees
specified therein, and
7.3.2 A waiver of all claims by the Contractor against the City, other than those previously made in
writing and still unsettled.
8 INSURANCE. Throughout the term of this Agreement, the Contractor shall provide insurance of the
types and in the amounts set forth below. The Contractor shall also require any subcontractors to provide
insurance as set forth below. A current copy of the Contractor Certificate of Insurance showing coverage
of the types and in the amounts required is attached hereto as Exhibit 8. The Contractor shall procure and
maintain for the duration of this Agreementinsurance against claims for injuries to persons or damages to
property, which may arise from or in connection with theperformance of the Work hereunder by the
contractor/vendor, its agents, representatives, employees or subcontractors.
8.1 COMMERCIAL GENERAL LIABILITY. Coverage must be afforded under a per occurrence form
policy for limits not less than $1,000,000 General Aggregate, $1,000,0000 Products / Completed
Operations Aggregate, $1,000,000 Personal and Advertising Injury Liability, $1,000,000 each
Occurrence, $50,000 Fire Damage Liabilityand $5,000 Medical Expense.
8.2 AUTOMOBILE LIABILITY. Coverage must be afforded including coverage for all Owned
vehicles, Hired and Non -Owned vehicles for Bodily Injury and Property Damage of not less than
$1,000,000 combined single limit each accident.
8.3 WORKERS COMPENSATION AND EMPLOYER'S LIABILITY. Coverage to apply for all
employees at STATUTORY Limits in compliance with applicable state and federal laws; if any
operations are to be undertakenon or about navigable waters, coverage must be included for the USA
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Longshoremen & Harbor Workers Act. Employer's Liability limits for not less than $100,000 each
accident; $500,000 disease policy limit and $100,000 disease each employee must be included.
8.4 BUILDER'S RISK / INSTALLATION FLOATERS (when applicable). Check box if
applicable: ❑
8.4.1 When this contract or agreement includes the construction of and/or the addition to a
permanent structure or building; including the installation of machinery and/or equipment, the
following insurance coverage must be afforded:
8.4.1.1 Coverage Form: Completed Value, All Risk in an amount equal to 100% of the value upon
completionor value of equipment to be installed.
8.4.1.2 When applicable: Waiver of Occupancy Clause or Cessation of Insurance clause. Flood
Insurance as available under the National Flood Insurance Program.
8.5 EMPLOYEE FIDELITY COVERAGE (only applicable to vendors whose employees
handle funds):
Employee Dishonesty coverage must be afforded for not less than $500,000.00 Blanket all
employees ISO Form.
8.6 OTHER INSURANCE PROVISIONS. The policies are to contain, or be endorsed to contain, the
following provisions:
8.6.1 Commercial General Liability and Automobile Liability Coverages.
8.6.1.1 The City of Gainesville, Florida, a municipal corporation, its officials, employees and
volunteers are to be covered as an Additional Insured as respects: Liability arising out of
activities performed by or on behalf of the Contractor/Vendor; to include Products and/or
Completed Operations of the Contractor/Vendor; Automobiles owned, leased, hired or
borrowed by the Contractor.
8.6.1.2 The Contractor's insurance coverage shall be considered primary insurance as respects the
City, its officials, employees and volunteers. Any insurance or self-insurance maintained
by the City, its officials, employees or volunteers shall be excess of Contractor/Vendor's
insurance and shall be non- contributory.
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8.6.2 All Coverages. The Contractor/Vendor shall provide a Certificate of Insurance to the City with
a thirty (30)day notice of cancellation. The certificate shall indicate if cover is provided under
a "claims made" or "peroccurrence" form. If any cover is provided under claims made from
the certificate will show a retroactive date, which should be the same date of the contract
(original if contact is renewed) or prior.
8.7 CERTIFICATE HOLDER. City of Gainesville, Florida, a municipal corporation
9 INCORPRATIONS BY REFERENCE AND GOVERNING ORDER OF DOCUMENTS.
9.1 All documents listed below, if not contained herein, are hereby incorporated by reference in this
Agreement. In cases of discrepancy, the governing order of the documents is as follows:
9.1.1 Work Orders and Amendments thereto
9.1.2 This Agreement, as may be amended
9.1.3 Bid Addendums
9.1.4 Technical Specifications prepared by the City, signed and sealed on 6/9/2022
9.1.5 Addendum No. 1 to ITB, dated January 27, 2023
9.1.6 Invitation to Bid (ITB) No. PWDA-230027-DH dated December 19, 2022
9.1.7 Contractor's Bid Submittal dated January 27, 2023
9.1.8 Schedule of Values
10 INDEMNIFICATION.
10.1 To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold
harmless the City, and their officers and employees from any and all liabilities, damages, losses and
costs, including, but not limited to, reasonable attorneys' fees, caused by the negligence, recklessness,
or intentional wrongful misconduct of the Contractor or anyone employed or utilized by the Contractor
in the performance of this Agreement. Contractoragrees that indemnification of the City shall extend
to any and all Work performed by the Contractor, its subcontractors, employees, agents, servants or
assigns.
10.2 The Contractor obligation to indemnify under this Article will survive the expiration or earlier
terminationof this Agreement.
10.3 This obligation shall in no way be limited in any nature whatsoever by any limitation on the
amount or type of the Contractor's insurance coverage, or by limitation on the amount or type of
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damages, compensation or benefits payable by or for the Contractor or any Subcontractor under
workers' compensation acts, disability benefit acts oremployee benefit acts.
10.4 Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the City's
sovereign immunity or the provisions or limits of liability of §768.28, Florida Statutes.
1 1 PUBLIC RECORDS.
11.1 General Provisions: Any document submitted to the City may be a public record and is open
for inspection or copying by any person or entity. "Public records" are defined as all
documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data
processing software, or other material, regardless of the physical form, characteristics, or
means of transmission, made or received pursuant to law or ordinance or in connection with
the transaction of official business by any agency per § 119.011(12), Florida Statutes. Any
document is subject to inspection and copying unless exempted under Chapter 119, Florida
Statutes, or as otherwise provided by law. Florida has a very broad public records law and
certain records of a Contractor may be considered public records. Accordingly, by entering
into an agreement with the City, Contractor must:
a. Keep and maintain public records required by the City to perform the service.
b. Upon request from the City's custodian of public records, provide the City with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time
at a cost that does not exceedthe cost provided in Chapter 119, Florida Statutes, or as
otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the Contractor does not transfer the
records to the City.
d. Upon completion of the Work, or in the event this Agreement is terminated, the Contractor,
when acting on behalf of the City as provided under § 119.011(2), Florida Statutes, shall
transfer, at no cost, to the City all public records in possession of the Contractor or keep and
maintain publicrecords required by the City to perform the service. If the Contractor transfers
all public records to the City upon completion or termination of the Agreement, it must destroy
any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon the
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completion or termination of the Agreement all applicable requirements for retaining public
records shall be met. All records stored electronically shall be provided to the City, upon
request from the City's custodian of public records, in a format that is compatible with the
information technology systems of the City.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT E-MAIL clerks@cityofgainesville.org PHONE
(352-334-5015OR PO BOX 490, STATION 19, GAINESVILLE, FL, 32627-
0490
11.2 Confidential Information
11.2.1 During the term of this Agreement, the Contractor may claim that some or all of Contractor's
information, including, but not limited to, software documentation, manuals, written
methodologies and processes, pricing, discounts, or other considerations (hereafter collectively
referred to as "Confidential Information"), is, or has been treated as confidential and
proprietary by Contractor in accordance with §812.081, Florida Statutes, or other law, and is
exempt from disclosure under the Public Record Act. Contractor shall clearlyidentify and
mark Confidential Information as "Confidential Information" or "Cl" and the City shall use
reasonable efforts to maintain the confidentiality of the information properly identified by the
Contractor as "Confidential Information" or "Cl."
11.2.2 The City shall promptly notify the Contractor/Professional in writing of any request received
by the City for disclosure of Contractor's Confidential Information and the Contractor may
assert any exemption fromdisclosure available under applicable law by seeking a protective
order against disclosure from a court of competent jurisdiction. Contractor shall protect,
defend, indemnify, and hold the City, its officers, employees and agents free and harmless
from and against any claims or judgments arising out of a requestfor disclosure of Confidential
Information. Contractor shall investigate, handle, respond to, and defend, using counsel
chosen by the City, at Contractor's sole cost and expense, any such claim, even if any such
claim is groundless, false, or fraudulent. Contractor shall pay for all costs and expenses related
to such claim, including, but not limited to, payment of attorney fees, court costs, and expert
witness fees and expenses. Upon completion of this Agreement, the provisions of this
paragraph shall continue to survive. Contractor releases City from claims or damages related
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11.3 Compliance: The Contractor may be subject to penalties under §119.10, Florida Statutes, if
the Contractor fails to provide the public records to the City within a reasonable time.
12 STARTING THE WORK
12.2 Schedule
Within ten (10) days after execution of a Work Order under the Agreement, the Contractor
will submit to the Public Works (PW) Operations Manager forapproval an estimated progress
schedule indicating the starting and completion dates of the various stages of the Work and a
schedule of Shop Drawings submissions.
12.3 Pre -Construction Conference
Before starting Work, a conference will be held to review the schedules and submittal package
(See 12.5 Submittals), to establish procedures for handling Shop Drawings and other
submissions, to establish procedures for processing applications for payment, and to establish
a working understanding between theparties as to the project. Present at the conference will
be the PW Operations Manager, and/or authorized representatives, the Contractor, and utility
company representatives.
12.4 Notice to Proceed
Upon execution of a Work Order, the PW Operations Manager will give the Contractor a
written Notice to Proceedstating date by which the Contractor must start the Work; but such
date shall not be more than forty-five (45) days after the date of execution of the Work
Order. No work shall be done prior to receipt of the Noticeto Proceed.
12.5 Commencement of Time
The Work Order Time shall commence on the date when the Work is actually started but no
later than the dateprovided in the Notice to Proceed.
12.6 Submittals
The Contractor's submittal package for the Pre -Construction meeting shall include the
Surveyor's License Confirmation on a form provided by the City, Maintenance of Traffic Plan,
Erosion & Sedimentation Control Plan, and Stormwater Pollution Prevention Plan, if applicable
to the Work Order, to be accepted by the City prior to any construction activities along with any
other requirements or permits and other submittal required by this Agreement or Work Order.
All submittals must be accepted by the City prior to implementation.
13 OWNERSHIP AND COPIES OF DOCUMENTS: RECORD DOCUMENTS
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13.2 All Specifications, Drawings and copies thereof furnished by the City shall remain the property
of the City. They shall not be used on another project, and with the exception of those sets of
Contract Documents which have been signed in connection with the execution of the
Agreement, shall be returned to the City on request upon completion of the project.
13.3 The Contractor will keep one record copy of all Specifications, Drawings, Addenda,
Modifications, and Shop Drawings at the site in good order and annotated to show all changes
made during the construction process. These shall be available to the PW Operations Manager.
14 WORK BY OTHERS
14.2 The City may perform additional work related to the project by itself, or may enter other
contracts for workon the project. The Contractor shall afford the City and/or other contractors
reasonable opportunity for the introduction and storage of materials and equipment and the execution
of work and shall properly connect and coordinate the Contractor's work with theirs.
14.3 If any part of the Contractor's Work depends for proper execution or results upon the work of any
such other contractor (or the City), the Contractor will inspect and promptly report to the PW
Operations Manager in writing any defects or deficiencies that render it unsuitable. The Contractor's
failure to so report shall constitute an acceptanceof the other work as to be fit and proper for the
relationship of their Work, except as to defects and deficiencies which may appear in the other work
after the execution of their Work.
14.4 The Contractor will do all cutting, fitting and patching of its Work that may be required to make its
severalparts come together properly and fit it to receive or be received by such other work. The
Contractor will not endanger any work of others by cutting, excavating or otherwise altering their
work and will only cut or alter theirwork with the written consent of the PW Operations Manager.
14.5 If the performance of additional work by other contractors or the City is not noted in the
Contract Documents, written notice thereof shall be given to the Contractor prior to starting any such
additional work. Contractor work schedules shall be adjusted to allow for any necessary utility
adjustments identified prior to start of work. If the Contractor believes that the performance of such
additional work by the City or others causes the Contractor additional expense or entitles it to an
extension of the Work Order Time, it may make a claim as provided in Paragraphs 24 to 26.
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15 RESPONSIBLE AGENT
15.2 The Contractor shall designate and submit a responsible agent and alternate as necessary, for
all dealings, communications, or notices or contracts between the City and the Contractor.
15.3 The PW Operations Manager will be the responsible agent for the City. Any notice or
communication to or from theresponsible agent shall be deemed to be a communication to the
Contractor.
16 ACCIDENT PREVENTION
16.2 Precaution shall be exercised at all times for the protection of employees, other persons and
property.
16.3 Contractor's employees shall report to their superintendent any hazardous conditions or items
in need of repair noted during the performance of work. Said superintendent shall thereupon
notify the responsible agent of such conditions.
17 SUBCONTRACTS
17.2 The Contractor will not employ any Subcontractor (whether initially or as a substitute) against
whom the City or the PW Operations Manager may have reasonable objection, nor will the
Contractor be required to employ any Subcontractor against whom he has reasonable
objection. The Contractor will not make any substitution for any Subcontractor who has been
accepted by the City and the PW Operations Manager, prior to written concurrence by the PW
Operations Manager.
17.3 The Contractor will be fully responsible for all acts and omissions of its Subcontractors and
of persons directly or indirectly employed by them and of persons for whose acts any of them
may be liable to the same extentthat the Contractor is responsible for the acts and omissions
of persons directly employed by it. Nothing in the Agreement shall create any contractual
relationship between any Subcontractor and the City or any obligation on the part of the City
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to pay or to see to the payment due any Subcontractor, except as may otherwise be required
by law. The PW Operations Manager may furnish to any Subcontractor, to the extent
practicable, evidence of amounts paid to the Contractor as compensation for specific Work
performed.
17.4 The Specifications and Drawings shall not control the Contractor in dividing the Work among
Subcontractors or delineating the Work to be performed by any trade.
17.5 The Contractor agrees to specifically bind every Subcontractor to all of the applicable terms
and conditionsof the Agreement. Every Subcontractor, by undertaking to perform any of the
Work, will thereby be contractuallybound to the Contractor by such terms and conditions.
18 PHYSICAL AND SUBSURFACE CONDITIONS
18.2 The PW Operations Manager will, upon request, furnish to the Contractor copies of all
available boundary surveys and subsurface tests.
18.3 The Contractor will promptly notify the PW Operations Manager in writing of any subsurface
or latent physical conditions at the site differing materially from those indicated in the Contract
Documents. The PW Operations Manager willpromptly investigate those conditions and
determine if further surveys or subsurface tests are necessary. Promptly thereafter, the PW
Operations Manager will obtain the necessary additional surveys and tests and furnish copies
to the Contractor. If the PW Operations Manager finds that the results of such surveys or tests
indicate subsurface or latent physicalconditions differing significantly from those indicated in
the Contract Documents, a Work Order Amendment shall be issued incorporating the
necessary revisions.
19 PW OPERATIONS MANAGER'S STATUS DURING CONSTRUCTION.
19.2 The PW Operations Manager acting directly orthrough duly authorized representatives
(Project Managers, Inspectors and Consultants) shall be the City's representative during the
construction period. All instructions of the City to the Contractor shall be issued throughthe
PW Operations Manager.
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19.3 The PW Operations Manager will make periodic visits to the site to observe the progress and
quality of the executed Work and to determine, in general, if the Work is proceeding in
accordance with the Contract Documents. The PW Operations Manager will not be required
to make exhaustive or continuous on -site inspections to check the quality or quantityof the
Work, nor will the PW Operations Manager be responsible for the construction means,
methods, techniques, sequences,procedures or the safety precautions incident thereto. The PW
Operations Manager's efforts will be directed toward providingassurance for the City that the
completed project will conform to the requirements of the Contract Documents, butPW
Operations Manager will not be responsible for the Contractor's failure to perform the Work
in accordance with the Contract Documents. On the basis of the PW Operations Manager's
on -site observations as an experienced and qualified construction professional, the PW
Operations Manager will keep the City informed of the progress of the Work and will endeavor
to guard the City against defects and deficiencies in the Work of the Contractor.
19.4 The PW Operations Manager will have authority to disapprove of or reject Work which is
defective; i.e., it is unsatisfactory, faulty or defective, does not conform to the requirements of
the Contract Documents or does not meet the requirements of any inspection, test or approval
referred to in Paragraph 21. The PW Operations Manager will also have authority to require
special inspection or testing of the Work as provided in Paragraph 23.3, whether or not the
Work is fabricated, installed or completed.
19.5 Neither the PW Operations Manager's authority to act under Paragraph 19 nor any decision
made by the PW Operations Managerin good faith to exercise or not exercise such authority,
shall give rise to any duty or responsibility of the City to the Contractor and Subcontractor,
any of their agents or employees or any other person performing any of the Work.
20 PW OPERATIONS MANAGER'S INTERPRETATIONS AND DECISIONS.
20.2 The PW Operations Manager will issue with reasonable promptness such written clarifications
or interpretations (in the form of drawings or otherwise) as necessary for the proper execution
of the Work. Such clarifications and interpretations are to be consistent with or reasonably
inferable from the overall intent of the Contract Documents. If the Contractor believes that a
written clarification and interpretation entitles it to an increase in the Work Order Price,it may
make a claim therefore as provided in Paragraph 25.
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20.3 The PW Operations Manager will be the initial interpreter of the terms and conditions of the
Contract Documents andthe judge of the performance thereunder. In this capacity, the PW
Operations Manager will exercise best efforts to insure faithful performance by both the City
and the Contractor. The PW Operations Manager will not show partiality to either and shall
not be liable for the result of any interpretation or decision rendered in good faith. Claims,
disputes and other matters relating to the execution and progress of the Work or the
interpretation of or performance under the ContractDocuments shall be referred initially to the
PW Operations Manager for decisions, which shall render in writing within a reasonable time.
20.4 The Contractor may appeal any written decision made by the PW Operations Manager within
fourteen (14) days in accordance with Paragraph 36.
21 TESTS AND INSPECTIONS.
21.2 If the Agreement, laws, ordinances, rules, regulations or orders of any public authority having
jurisdictionrequire any Work to be inspected, tested or approved by someone other than the
Contractor, the Contractor will give the PW Operations Manager timely notice of readiness
therefor. The Contractor will furnish the PW Operations Manager the required certificates of
inspection, testing or approval. All such tests will be in accordance with the methods
prescribed by the American Society for Testing and Materials or such other applicable
organization as may be required by law or the Agreement. The cost of all such inspections,
test and approvals shall be borne by the Contractor unless otherwise provided. If any such
Work required so to be inspected, tested or approved is coveredup without written approval or
consent of the PW Operations Manager, it must, if directed by the PW Operations Manager,
be uncoveredfor observation at the Contractor's expense.
21.3 Any Work which fails to meet the requirements of any such test, inspection or approval, and any Work
which meets the requirements of any such test or approval but does not meet the requirements of the
Contract Documents, shall be considered defective. Such defective Work may be rejected, corrected
or accepted as providedin Paragraph 28.
21.4 Neither observations by the PW Operations Manager nor inspections, tests, or approvals by persons
other than the Contractor shall relieve the Contractor from its obligations to perform the Work in
accordance with the Agreementrequirements of the Contract Documents.
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22 CONTRACTOR'S SUPERVISION AND SUPERINTENDENCE.
22.2 The Contractor shall supervise and direct the Work efficiently and with its best skill and
attention. The Contractor shall be solely responsible for the means, methods, techniques,
sequences and procedures of construction. Before undertaking the Work, the Contractor shall
carefully study and compare the Contract Documents and check and verify all figures shown
thereon and all field measurements. The Contractor will at oncereport in writing to the PW
Operations Manager any conflict, error or discrepancy which it may discover. The Contractor
will be responsible to see that the finished Work complies accurately with the Contract
Documents.
22.3 The Contractor shall maintain, at all times during its progress, a resident superintendent
satisfactory to thePW Operations Manager. The superintendent shall not be replaced without
the consent of the PW Operations Manager, except under extraordinary circumstances. The
superintendent will be the Contractor's representative at the site and shall have authority to act
on behalf of the Contractor. All communications given to the superintendent shall be as
binding asif given to the Contractor and shall constitute notice under the applicable clauses of
this Agreement.
22.4 The Contractor will provide competent, suitably qualified personnel and perform construction
as required by the Contract Documents. If applicable to the Work Order, survey and layout
work shall be performed under direction of a Florida Registered Land Surveyor. The surveyor
is required to sign, seal and return a form provided by the City certifying the surveyorwill be
responsible for providing layout. The Contractor will at all times maintain good discipline and
order amongits employees at the site.
22.5 The City will not be responsible for the acts or omissions of the Contractor, any
Subcontractors, any of their agents or employees or any other persons performing any of the
Work.
22.6 The Contractor shall have a responsible person or persons available on a 24-hour basis seven (7) days
a week in order that contact can be made in emergencies and in cases where immediate action must
be taken to maintain traffic or to overcome any other problem that might arise. The furnishing of a
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telephone number where such person or persons can be reached outside of normal working hours will
constitute compliance with this provision.
23 ACCESS TO THE WORK: UNCOVERING FINISHED WORK.
23.2 The PW Operations Manager and its representatives and other representatives of the City will
at all times have accessto the Work. The Contractor will provide proper facilities for such
access and observation of the Work and also forany inspection or testing thereof by others.
23.3 If any Work is covered contrary to the request of the PW Operations Manager, it must, if
requested by the PW Operations Manager, be uncovered for observation and replaced at the
Contractor's expense.
23.4 If any Work has been covered which the PW Operations Manager has not specifically
requested to observe prior to itsbeing covered, or if the PW Operations Manager considers it
necessary or advisable that covered Work be inspected or testedby others, the Contractor, at
the PW Operations Manager's request, will uncover, expose or otherwise make available for
observation, inspection or testing, that portion of Work in question, furnishing all necessary
labor, material and equipment. If it is found that such Work is defective or does not meet the
requirements of the Contract Documents,the Contractor will bear all the expenses of such
uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction,
including compensation for additional professional services. If, however, such Work isfound
to be non -defective and meets the requirements of the Contract Documents, the Contractor
will be allowed an increase in the Work Order Price or extension of the Work Order Time
directly attributable to such uncovering, exposure, observation, inspection, testing and
reconstruction if Contractor makes a claim therefore as provided in Paragraph 25 and 26.
24 CHANGES IN THE CONTRACT WORK.
24.2 Without invalidating the Agreement, the City may, at any time or from time to time, order
additions, deletions, or revisions in the Work. These will be authorized by Work Oder or Work
Order Amendment. Upon receipt of written authorization, the Contractor will proceed with
the Work involved. All such Work shall be executed underthe applicable conditions of the
Contract Documents. If any changes in the Work cause an increase or decrease inthe Work
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Order Price, addition of Pay Items, or an extension or shortening of the Work Order Time, an
equitable adjustment will be made as provided in Paragraphs 25 and 26 under a Change Order.
24.3 The Director or PW Operations Manager may authorize minor changes or alterations in the
Work not involving extracost and not inconsistent with the overall intent of the Contract
Documents. These may be accomplished by a Work Order or Work Order Amendment. If the
Contractor believes that any minor change or alteration authorized by the Director or PW
Operations Manager entitles the Contractor to an increase in the Work Order Price or Work
Order Time, it may make a claim as provided in Paragraphs 25 and 26.
24.4 Additional work performed by the Contractor prior to written authorization will not
automatically entitle itto additional compensation, an increase in the Work Order Price, or an
extension of the Work Order Time.
24.5 It is the Contractor's responsibility to notify its surety of any changes affecting the general
scope of the Work or change in the Work Order Price, and the amount of the applicable Bonds
shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the
City.
25 CHANGE OF WORK ORDER PRICE.
25.2 The Work Order Price constitutes the total compensation payable to the Contractor for
performing the Work. All duties, responsibilities and obligations assigned to or undertaken by
the Contractor shall be at its expense withoutchange in the Work Order Price.
25.3 The Work Order Price may only be changed by a Work Order Amendment. If the Contractor
is entitled by the Contract Documents to make a claim for an increase in the Work Order Price,
notice of intent to file a claim shall be delivered to the PW Operations Manager in writing
within ten (10) days of the occurrence of the event giving rise to the claim. The claim shall
then be delivered to the PW Operations Manager in writing within twenty (20) days after the
conclusion of the event giving rise to the claim unless PW Operations Manager allows
additional period of time to ascertain accurate cost data. IT IS EXPRESSLY AND
SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE
WORK ORDER PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT
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ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. Work Order
Amendments will be approved by the following procedure:
25.2.1 The City Manager, or designee, may approve Work Order Amendments that, either
cumulatively or individually, increase the Work Order Price within the amount authorized in
Paragraph 2.
25.4 The value of any Work covered by a Work Order Amendment, for any claim for an increase in the
Work Order Price, shall be determined in the following ways:
25.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents, by
application ofunit prices to the quantities of the items involved.
25.3.2 Mutual acceptance of a lump sum or unit price.
25.3.3 Cost and a mutually acceptable fixed amount for overhead and profit.
25.3.4 If none of the above methods is agreed upon, the value shall be determined on the basis of
costs and a percentage for overhead and profit. Costs shall only include labor (payroll, payroll
taxes, fringe benefits, workman's compensation, etc.) materials, equipment, and other
incidentals directly related to the Work involved. The maximum percentage which shall be
allowed for the Contractor's combined overhead, expenses, indirect costs and profit, shall be
as follows:
25.3.4.1 For all such Wok done by the Contractor's own forces, the Contractor may add up
to 10% (ten percent) of its actual increase in cost; and,
25.3.4.2 For all such Work done by Subcontractors, each Subcontractor may add up to 10%
(ten percent) of its actual net increase in cost for combined overhead and profit; and the
Contractor may add up to 5% (five percent) of the Subcontractor's total for its combined
overhead and profit, provided that no overhead or profit shall be allowed on costs incurred
in connection with premiums for public liability insurance or other special insurance
directly related to such Work.
25.4 Except for as provided in a Work Order Amendment, no financial claim for delay to the
projectresulting from the Work Order Amendment approval process will be allowed.
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25.5 Pay factor adjustments shall be in accordance with details outlined in project
manual/technical specifications.
25.6 Whenever the cost of any Work is to be determined pursuant to this section, the Contractor
shall submit ina form acceptable to the City an itemized cost breakdown together with supporting
documentation. Whenever a change in the Work is based upon mutual acceptance of a lump sum,
whether the amount is an addition, credit, or no -change -in -cost, the Contractor shall submit an
estimate substantiated by complete itemized breakdown:
25.6.1 The breakdown shall list quantities and unit prices for materials, labor, equipment and other
items of costs.
25.6.2 Whenever a change involves the Contractor and one (1) or more subcontractor and the change
is an increasein the agreed compensation, the overhead and profit percentage for the Contractor
and each subcontractor shall be itemized separately.
26 CHANGE OF THE WORK ORDER TIME.
26.2 Work Order Time changes shall be by a Work Order Amendment. If the Contractor is entitled
by the Contract Documentsto make a claim for an extension in the Work Order Time, notice
of intent to file a claim shall be in writing delivered to the PW Operations Manager within ten
(10) days of the occurrence of the event giving rise to the claim. The claim shall then be
delivered to the PW Operations Manager in writing within fifteen (15) days after the
conclusion of the event giving rise to the claim. IT IS EXPRESSLY AND SPECIFICALLY
AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE WORK ORDER
TIME SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH
THE REQUIREMENTS OF THIS SECTION. The City Manager, or designee, may approve
any extension in Work Order Time. Any change in the Work Order Time resulting from any
such claim shallbe incorporated in a Work Order Amendment.
26.3 The Work Order Time will be extended in an amount equal to time lost due to delays beyond
the control of theContractor, if it makes a claim therefore as provided in Paragraph 26.1. Such
delays shall only include acts of neglect by any separate contractor employed by the City, fires,
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floods, labor disputes, epidemics, abnormal weatherconditions, acts of God or other delays at
the sole discretion of the City.
26.2.1 Process for tracking and granting Weather Days shall be in accordance with the project
manual/technical specifications. If the project manual/technical specifications is silent on
Weather Days then Work Order Time shall not be extended for weather. Requests for Weather
Days shall be submitted monthly with the Contractor's application for payment. The
Contractor's failure to submit a monthly request for Weather Days shall constitute a waiver of
Work Order Time extensions for weather for all dates prior to submission ofthe application
for payment.
26.4 All time limits stated in the Contract Documents are of the essence in the Agreement. The
provisions of Paragraph 26 shall not exclude recovery for damages (including compensation
for additional professional services)for delay by either party.
26.5 Except as provided in a Work Order Amendment, no financial claim for delay to the project
resultingfrom the Work Order Amendment approval process will be allowed.
27 NEGLECTED WORK.
27.2 If the Contractor should neglect to prosecute the Work in accordance with the Agreement,
including any requirements of the progress schedule, after three (3) days written notice to the
Contractor, the City may, without prejudice to any other remedy it may have, make good such
deficiencies, and the cost thereof (includingcompensation for additional professional services)
shall be charged against the Contractor. In this case a Work Order Amendment shall be issued
incorporating the necessary revisions in the Work Order, including an appropriate reduction in
the Work Order Price. If the payments then or thereafter due the Contractor are not sufficient
to cover such amount, the Contractor will pay the difference to the City.
28 WARRANTY AND GUARANTEE; CORRECTION, REMOVAL ORACCEPTANCE OF
DEFECTIVE WORK.
28.2 The Contractor warrants and guarantees to the City that all materials and equipment will be
new unless otherwise specified; that all Work will be of good quality and free from faults or
defects and in accordance with therequirements of the Contract Documents. All unsatisfactory
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Work, all faulty or defective Work and all Work not conforming to the requirements of the
Contract Documents or of such inspections, tests or approvals shall be considered defective.
Prompt notice of all defects shall be given to the Contractor. All defective Work, whether or
not in place, may be rejected.
28.3 If required by written notice of the Director or the PW Operations Manager prior to approval
of final payment, the Contractor will promptly, without cost to the City, either correct any
defective Work, whether or not fabricated, installed or completed, or, if the Work has been
rejected by the PW Operations Manager, remove it from the site and replace it with non -
defective Work. If the Contractor does not correct such defective Work or remove and replace
such rejected Work within a reasonable time, the City may have the deficiency corrected or
the rejected Work removedand replaced. All direct or indirect cost of such correction or
removal and replacement, including compensation foradditional professional services, shall be
paid by the Contractor, and an appropriate Work Order Amendment shall be issued deducting
all such costs from the Work Order Price. The Contractor will also bear the expenses of making
good all Work of others destroyed or damaged by the correction, removal or replacement of the
Contractor's defective Work.
28.4 If, after the approval of final payment and prior to the expiration of one year after the date of
substantial completion or such longer period of time as may be prescribed by law or by the
terms of any applicable special guarantee required by the Contract Documents, any Work is
found to be defective, the Contractor will promptly without cost to the City and in accordance
with the City's written instructions either correct such defective Work, or, if it has been rejected
by the City, remove it from the site and replace it with non -defective Work. If the Contractor
does not promptly comply with the terms of such instructions, the City may have the defective
Work corrected or the rejected Work removed and replaced, and all direct and indirect costs
of such removal and replacement, including compensation for additional professional services,
will be paid by the Contractor.
28.5 If, instead of requiring correction or removal and replacement of defective Work, the City
prefers to acceptit, the City may do so. In such case, the appropriate reduction in the bid item
amount shall be negotiated by the Contractor and City with the appropriate reductions
submitted in the application for final payment. In the event theappropriate reduction cannot be
negotiated, the provisions of Paragraph 25.3.4 shall prevail.
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29 APPLICATIONS FOR PROGRESS PAYMENTS.
29.2 Not more than once a month, the Contractor will submit to the PW Operations Manager for
review the application forpayment, covering the Work completed as of the date of the
application. If payment is requested by the Contractoron the basis of materials and equipment
not incorporated in the Work but delivered and suitably stored at the site or at another location
agreed to in writing, the request for payment shall also be accompanied by such supporting
data, satisfactory to the PW Operations Manager, as will establish 100% of invoice cost. Such
payment to the Contractor shallnot exceed seventy-five percent (75%) of the Unit Bid Price.
Materials missing or damaged, for which partial or total payment has been made, shall be
replaced by the Contractor at its expense.
29.3 The Contractor warrants and guarantees that title to all Work, materials and equipment covered
by an application for payment, whether incorporated in the project or not, will have passed to
the City prior to making theapplication for payment, free and clear of all liens, claims, security
interests and encumbrances (hereafter referred to as "liens"). The Contractor further warrants
and guarantees that no Work, materials or equipment covered by anapplication for payment
will have been acquired by the Contractor or by any other person performing the Work at the
site or furnishing materials and equipment for the Project subject to an agreement under which
an interest thereinor encumbrance thereon is retained by the seller or otherwise imposed by the
Contractor or such other person. Non-payment of Subcontractors and suppliers will be referred
to the Contractor's Surety for resolution.
29.4 Five percent (5%) of the amount earned through each progress payment will be withheld as
retainage.
29.5 Each application for payment shall be incomplete and not authorized for payment unless
accompanied by the following documents:
29.4.1 A certification of payment to Subcontractors on a form provided by the City that all
Subcontractors havingan interest in the Agreement were paid for satisfactory performance of
their Agreements and that the retainage is returned to Subcontractors within 30 days after
satisfactory completion of the Subcontractor'swork.
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29.4.2 A waiver of claims, on a form provided by the City, for any and all Subcontractors or
materialmen that have furnished a notice of non-payment. The City will honor an exception to
this clause when the Contractor demonstrates good cause for not making any required
payment and furnishes written notification of anysuch good cause to both the City and the
affected Subcontractor.
29.4.3 If applicable, a report of Apprentice and Disadvantage Worker information for the Contractor
and each Subcontractor that includes the following:
29.4.3.1. Total labor hours for the project;
29.4.3.2. Total labor hours performed by apprentice and disadvantaged workers;
29.4.3.3. The apprentice and/or disadvantage worker status for each such person; and
29.4.3.4. The name, address, work classification an hours worked each pay period for each
apprentice and disadvantage worker on the construction project.
29.6 The PW Operations Manager will, within ten (10) days after Contractor concurrence of each
application for payment, indicate in writing approval of payment, less any retainage as
specified by the Agreement, and present the application to the City's Budget & Finance
Department for payment. The City will pay the Contractor the amountapproved by the PW
Operations Manager in accordance with Florida's Prompt Payment Act.
30 APPROVAL OF PAYMENTS.
30.2 The PW Operations Manager's approval of any payment requested in an application for
payment shall constitute a representation to the City, based on the PW Operations Manager's
on -site observations of the work in progress as an experienced and qualified construction
professional and on its review of the application for payment and the supporting data, that the
Work has progressed to the point indicated; to the best of its knowledge, information and
belief, that the quality of the Work is in accordance with the Contract Documents (subject to
an evaluation of the Work as a functioning project upon substantial completion, to the results
of any subsequent tests called for in the Contract Document and any qualifications stated in
its approval); and that the Contractor is entitled to payment of the amount approved. However,
by approving any such payment, the PW Operations Manager shall not thereby be deemed to
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DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61B34ECF8B8D
have represented that exhaustive or continuous on -site inspections were made to check the
quality or the quantity of the Work; that the means, methods, techniques, sequences and
procedures of construction were reviewed; or thatany examinations were made to ascertain
how or for what purpose the Contractor has used the monies paid or to bepaid to it.
30.3 The PW Operations Manager's approval of final payment shall constitute an additional
representation to the City thatthe conditions precedent to the Contractor's being entitled to
final payment, as set forth in Paragraph 31.3, have been fulfilled.
30.4 The PW Operations Manager may refuse to approve the whole or any part of any payment if,
in their opinion, the PW Operations Manager is unable to make the foregoing representations
to the City. The PW Operations Manager may also refuse to approveany such payment, or,
because of subsequently discovered evidence or the results of subsequent inspections or tests,
may nullify any such payment previously approved, to such extent as may be necessary in
their opinion to protect the City from loss because:
30.3.1 The Work is defective.
30.3.2 Claims have been filed, or there is reasonable evidence indicating the probable filing thereof.
30.3.3 The Work Order Price has been reduced.
30.3.4 The City has been required to complete neglected Work in accordance with Paragraph 27.
30.3.5 The City has been required to correct defective Work or complete the Work in accordance
with Paragraph28.
30.3.6 Unsatisfactory prosecution of the Work, including failure to cleanup as required by Paragraph
32.
31 FINAL PAYMENT.
31.2 Upon notification from the Contractor that the project is complete, the PW Operations
Manager will make a final inspection with the Contractor and will notify the Contractor in
writing of any particulars in which this inspection reveals that the Work is incomplete or
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DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61 B34ECF8B8D
defective. The Contractor shall immediately make such corrections as are necessary to remedy
such defects.
31.3 After the Contractor has completed any such corrections to the satisfaction of the PW
Operations Manager and delivered all maintenance and operating instructions, schedules,
guarantees, Bonds, certificates of inspection and other documents, all as required by the
Contract Documents, the Contractor may receive final payment pursuant tothe procedure for
progress payments. The final application for payment shall be accompanied by the
Contractor's Final Apprentice & Disadvantage's Worker's Reporting (if applicable),
Contractor's Final Payment Affidavit, Subcontractor/Materialman Waiver of Claims, and
Final Payment Certification to Subcontractors, utilizing forms provided by the City. Nothing
in this section waives the rights of the Contractor under Section 255.05(11), Florida Statutes.
The PW Operations Manager will execute a Certificate of Completion and recommend final
payment.
31.4 If, on the basis of the PW Operations Manager's observation and review of the Work during
construction, their final inspection and review of the final application for payment, all as
required by the Contract Documents, the PW Operations Manager is satisfied that the Work
has been completed and the Contractor has fulfilled all of its obligations under the Contract
Documents, the PW Operations Manager will, within ten (10) days after Contractor's
concurrence of the final application for payment, indicate in writing the PW Operations
Manager's approval of payment and present the application tothe City Budget & Finance
Department for payment. The City will pay the Contractor the amount approved by thePW
Operations Manager in accordance with Florida's Prompt Payment Act.
31.5 If after substantial completion of the Work, final completion thereof is materially delayed
through no faultof the Contractor, and the PW Operations Manager so confirms, the City shall,
upon certification by the PW Operations Manager, makepayment of the balance due for that
portion of the work fully completed and accepted. If the remaining balance forWork not fully
completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds
have been furnished, the written consent of the surety to the payment of the balance due for that
portion of the Work fullycompleted and accepted shall be submitted by the Contractor to the
PW Operations Manager prior to certification of such payment. Such payment shall be made
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DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61B34ECF8B8D
under the terms and conditions governing final payment, except that it shallnot constitute a
waiver of claim.
32 CLEANING UP.
32.2 The Contractor shall keep the premises free from accumulations of waste materials, rubbish and
other debrisresulting from the Work, and, at the completion of the Work, it shall remove all
waste materials, rubbish and debris from and about the premises, as well as all tools,
construction equipment and machinery and surplus materials, leaving the site clean and ready
for occupancy by the City. The Contractor shall restore to their original conditionthose
portions of the site not designated for alteration by the Contract Documents.
33 CITY'S RIGHT TO STOP OR SUSPEND WORK.
33.2 If the Work is defective, if the Contractor fails to supply sufficient skilled workmen or suitable
materials or equipment, if the Contractor fails to comply with the Contract Documents or
Specifications, or if the Contractorfails to make prompt payments to Subcontractors for labor,
materials or equipment, the City may order the Contractor to stop the Work, or any portion
thereof, until the cause for such order has been eliminated. The Contractor will be allowed no
increase in Work Order Price or extension of the Work Order Time. The City may, at any time
and without cause, suspend the Work, or any portion thereof, for a period of notmore than
ninety (90) days by notice in writing to the Contractor, and shall determine the date on which
the Work will resume. The Contractor shall resume the work on the date so determined. The
Contractor may be allowed anincrease in the Work Order Price or an extension of the Work
Order Time directly attributable to any suspension providedthe Contractor makes a claim as
provided in Paragraphs 25 and 26.
34 DEFAULT AND CITY'S RIGHT TO TERMINATE.
34.2 The failure of the Contractor to comply with any provision of this Agreement will place the
Contractor in default. Prior to terminating the Agreement, the City will notify the Contractor
in writing. This notification will make specific reference to the provision which gave rise to
the default. The City will give the Contractor seven (7)days to cure the default or develop a
plan and time line acceptable to the City to cure the default. The PW Operations Manageris
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DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61B34ECF8B8D
authorized to provide written notice of default on behalf of the City, and if the default situation
is not corrected within the allotted time, the Public Works Director is authorized to provide
final termination notice on behalf of theCity to the Contractor.
34.3 If the Contractor is adjudged bankrupt or insolvent, or makes a general assignment for the
benefit of its creditors, or if a trustee or receiver is appointed for the Contractor or for any of
its property, or if the Contractor files a petition to take advantage of any debtors' act, or to
reorganize under the bankruptcy or similar laws, or repeatedly fails to supply sufficient skilled
workmen or suitable materials or equipment, or repeatedly fails to makeprompt payments to
Subcontractors or for labor, materials, or equipment, or disregards laws, ordinances, rules,
regulations or orders of any public body having jurisdiction, or disregards the authority of the
Director of PW Operations Manager, or Contractor otherwise violates any provisions of the
Contract Documents, then the City may, without prejudice to any other right or remedy and
after giving the Contractor and its surety seven (7) days written notice, terminate the service
of the Contractor and take possession of the project and of all materials related the Work and
finish the Work by whatever method the City may deem expedient. In such case, the Contractor
shall not be entitledto receive any further payment until the work is finished.
34.4 Upon thirty (30) days written notice to the Contractor, the City may, without cause and without
prejudice to any other right or remedy, elect to abandon the project and terminate the
Agreement. In such case, the Contractorshall be paid for all Work executed and any expense
sustained plus a reasonable profit. The Public Works Directoris authorized to provide written
notice of termination on behalf of the City.
34.5 If funds to finance this Agreement become unavailable, the City may terminate the Agreement
with no lessthan twenty-four (24) hours' notice in writing to the Contractor. The City will be
the final authority as to the availability of funds. The City will pay the Contractor for all work
completed prior to any notice of termination.
34.6 Where the Contractor's services have been terminated by the City, said termination shall not
affect any rights of the City against the Contractor then existing or which may thereafter
accrue. Any retention or payment ofmonies by the City due the Contractor will not release the
Contractor from liability.
35 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE.
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35.2 If, through no act or fault of the Contractor, the Work is suspended for a period of more than
ninety (90) days by the City or an order of court or other public authority, or if the PW
Operations Manager fails to act on any applicationfor payment within thirty (30) days after it
is submitted, or if the City fails to pay the Contractor any sum approvedby the PW Operations
Manager within thirty (30) days of its approval and presentation, then the Contractor may,
upon seven (7) days written notice to the City, terminate the Agreement and recover from the
City payment for all Work executed in accordance with the Agreement plus fair and reasonable
overhead and profit. In addition and in lieu ofterminating the Agreement, if the PW Operations
Manager has failed to act on an application for payment or the City has failedto make payment
as aforesaid, the Contractor may, upon seven (7) days' notice to the City and the PW
Operations Manager, stop Work until it has been paid all amounts then due.
36 DISPUTE RESOLUTION.
36.2 Initial Administrative Resolution: The Contractor may appeal to the Director within fourteen
(14) days of a written decision made by the PW Operations Manager. Failure of the Contractor to
appeal any decision within this timeframe shall constitute the Contractor's acceptance of the PW
Operations Manager's decision and render any claims or disputes relatedto the decision waived. Such
appeals to the Director shall detail the Contract Document provisions that conflict with the PW
Operations Manager's decision. The Director shall review each appeal and the Director and
Contractor will seek to resolve the appeal through exchange of information and direct negotiations.
The Director shall render its decision in writing within thirty (30) days of submission of the appeal;
failure of the Director to render a decision within thistimeframe shall render the appeal denied.
36.3 Secondary Administrative Resolution: The Contractor may appeal to the City Manager within
fourteen (14)days of a written decision made by the Director. Failure of the Contractor to appeal any
decision within this timeframe shall constitute the Contractor's acceptance of the Director's decision
and render any claims or disputesrelated to the decision waived. Such appeals to the City Manager
shall detail the Contract Document provisions thatconflict with the Director's decision. The City
Manager and Contractor will seek to resolve the appeal through exchange of information and direct
negotiations. The City Manager shall render its decision in writing within forty-five (45) days of
submission of the appeal; failure of the City Manager to render a decision within this timeframe shall
render the appeal denied. The City Manager's decision shall be the final administrative decision and
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is a necessary condition precedent for exhaustion of administrative remedies in order to initiate
mediation and a lawsuitbased on this Agreement.
36.4 Mediation: For any disputes which remain unsolved and have not been waived, within sixty
(60) calendardays after Final Completion of the Work, the parties shall participate in mediation
in Alachua County, Florida to address all unresolved disputes. If the Contractor wishes to
contest any decision made by the City Manager, Contractor shall request mediation by
providing written notice to the PW Operations Manager within thirty (30) days of the City
Manager's written decision. Such notice shall detail the Contract Document provision that
conflict with the City Manager's decision. Failure of the Contractor to provide such notice
shall constitute the Contractor's acceptance of the City Manager's decision and render any
claims or disputes related to the decision waived. The Parties shall submit the dispute to
mediation prior to filing, and as a condition precedent to, an action in court, whichmust be filed
within thirty (30) days of conclusion of mediation, or the dispute shall be waived. The City
shall provide the Contractor a list of three mediators and the Contractor shall select a mediator
from the list. The Parties shall each pay one-half of the mediator's fees and costs. Should any
dispute not be resolved in mediation, the partiesretain all their legal rights and remedies under
applicable law, to extent not waived in accordance with this Agreement.
37 WORKPLACE VIOLENCE.
37.2 Employees of the Contractor are prohibited from committing any act of workplace violence.
Violation maybe grounds for termination of the Agreement. Workplace violence means the
commission of any of the following acts by a Contractor's employee:
37.1.1 Battery: intentional offensive touching or application of force or violence to another.
37.1.2 Stalking: willfully, maliciously and repeatedly following or harassing another person.
38 DUTIES AND OBLIGATIONS. The rights and remedies available hereunder, and in particular without
limitation, the warranties, guarantees and obligations imposed upon the Contractor by this Agreement and
the rights and remediesavailable to the City thereunder, shall be in addition to and not a limitation of any
otherwise imposed or available by law, special guarantee, or other provisions of this Agreement.
39 POLLUTION ABATEMENT. The Contractor shall comply with all federal, state and local laws and
regulations controlling pollution of the environment. The Contractor shall take necessary precautions to
prevent pollution of soils,creeks, streams, lakes, wetlands and ponds with fuels, oils, bitumens, chemicals
and other harmful materials and shall take necessary measures to minimize soil erosion.
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40 INJURY OR DAMAGE TO PEOPLE OR PROPERTY. Should the City or the Contractor suffer injury
or damageto its person or property because of any error, omission or act of the other or of any of their
employees or agents or others for whose acts they are legally liable, claims shall be made in writing to the
other party within a reasonable timeof the first observance of such injury or damage.
41 HEALTH CONSIDERATIONS. The Contractor shall provide and maintain, in a neat and sanitary
condition, such accommodations for the use of its employees as are necessary to comply with the
requirements and regulations of the State and Local Boards of Health. The Contractor shall commit no
public nuisance.
42 SEVERABILITY. It is understood and agreed by the Parties that if any provision of the Agreement shall
contravene, or be invalid under the laws of the State of Florida, such contravention or invalidity shall not
invalidate the entire Agreement, but it shall be construed as if not containing the particular provision or
provisions held to be invalid, and the rights and obligations of the Parties shall be construed and enforced
accordingly.
43 AMENDMENT. This Agreement may be amended only by written amendment, work order
or work order amendment.
44 INDEPENDENT CONTRACTOR. In the performance of this Agreement, the Contractor
will be acting in thecapacity of an independent Contractor, and not as an agent, employee,
partner, joint venture, or associate of the City. The Contractor shall be solely responsible for
the means, methods and techniques, sequences and procedures utilized by the Contractor in
the full performance of this Agreement. Neither Contractor nor anyone employed by
Contractor shall represent, act, purport to act, or to be deemed to be the agent, representative,
employee or servant of the City.
45 GOVERNING LAW AND VENUE. The laws of the State of Florida, notwithstanding its conflict
of lawsprovisions, shall govern this Agreement. Sole and exclusive venue for all actions arising under
this Agreement shall bein Alachua County.
46 COMPLETE AGREEMENT. This Agreement contains the sole and entire agreement between the City
and the Contractor and supersedes any other written or oral agreements between them not incorporated
herein.
47 NON WAIVER. The failure of any party to exercise any right in this Agreement will not waive such
right in the event of any further default or non-compliance.
48 SUCCESSORS AND ASSIGNS. The Contractor shall not assign its rights hereunder, excepting its right
to payment, nor shall it delegate any of its duties hereunder without the written consent of the City. Subject
to the provisions of thepreceding sentence, each party hereto binds itself, its successors, assigns and legal
representatives to the other and to the successors, assigns and legal representatives of such other party.
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Nothing herein shall be construed as creating anypersonal liability on the part of any officer or agent of
the City.
49 NO THIRD PARTY BENEFICIARIES. Nothing contained herein shall create any relationship,
contractual or otherwise, with, or any rights in favor of, any third party.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed for the uses and
purposestherein expressed on the day and year first above -written.
ASPHALT PAVING SYSTEMS, INC.
Y
Robert Capoferri (May 1, 2023 13:47 EDT)
Robert Capoferri, President
Date: May 1, 2023
CITY OF GAINESVILLE
Cynt ia�l Curry (May b, 202310:49 EDT)
Cynthia W. Curry, City Manager
Date: May 8, 2023
Approved as to Form and Legality
a sdu~tZ
David C. Schwartz (May 2, 202317:31 EDT)
Assistant City Attorney
33
DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61 B34ECF8B8D
EXHIBIT 1: FEE SCHEDULE
Crack Seal
Crack Seal
Unit
0 -100
101-1000
1,001 - 5,000
5,001-
10,000
Over 10,000
'
Mobilization
Lump Sum
1,000.00
1,000.00
1,000.00
1,000.00
1,000.00
After -Hours
percentage
7
7
7
7
7
Mark-up
Spec.305
Gallons
40.00
34.00
33.00
32.00
30.00
ChiD Seal
Chip Seal -
Unit
10,000 -
25,001-
50,001-
100,001-
Over
Spec.335-1
25,000
50,000
100,000
250,000
250,000
Mobilization
Lump Sum
6,500.00
6,500.00
6,500.00
6,500.00
6,500.00
After -Hours
percentage
7
7
7
7
7
Mark-up
Single
Square Yards
q
4.03
3.78
3.54
3.49
3.35
Conventional
Single
Square Yards
4.09
3.84
3.60
3.55
3.41
Modified
Double
Square Yards
q
7.27
6.98
6.74
6.64
6.54
Conventional
Double
Square Yards
7.35
7.06
6.82
6.72
6.62
Modified
Micro-Surfacin .
Micro-
10,000 -
25,001-
50,001-
100,001-
Over
Surfacing -
Unit
25,000
50,000
100,000
250,000
250,000
Spec. 335-2
Mobilization
Lump Sum
6,500.00
6,500.00
6,500.00
6,500.00
6,500.00
After -Hours
percentage
7
7
7
7
7
Mark-up
Single
Square Yards
q
4.30
3.98
3.85
3.73
3.68
Conventional
Single
Square Yards
4.70
4.38
4.25
4.13
4.08
Premium
Double
Square Yards
q
6.85
6.59
6.37
6.18
6.09
Conventional
Double
Square Yards
7.45
7.19
6.97
6.78
6.69
Premium
Rut Filling
Unit
0 -150
151 - 250
251- 500
501-1000
Over 1,000
Conventional
Tons
250.00
250.00
250.00
250.00
250.00
Premium Tons 275.00 275.00 275.00 275.00 275.00
Reiuvenating Scrub Seal
Scrub -
Unit
10,000 -
25,001-
50,001-
100,001-
Over
Spec. 335-5
25,000
50,000
100,000
250,000
250,000
Mobilization
Lump Sum
6,500.00
6,500.00
6,500.00
6,500.00
6,500.00
After -Hours
percentage
7
7
7
7
7
Mark-up
Rejuvenating
Square Yards
q
4.74
4.49
4.25
4.20
4.05
Scrub Seal
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DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-6lB34ECF8B8D
Pavement Markings - (White or yellow if annlicable)
Long Line
Unit
0-5
5 -10
10 - 25
25 - 50
Over 50
6" Solid Paint
Gross Mile
3,622.50
2,725.50
2,070.00
1,667.50
1,518.00
6" Skip 10'-30'
Gross Mile
920.00
690.00
632.50
603.75
575.00
Paint
6" Solid
Gross Mile
7,130.00
6,095.00
5,635.00
5,462.50
5,347.50
Thermo
6" Skip 10'-30'
Gross Mile
2,185.00
2,012.50
1,840.00
1,782.50
1,725.00
Thermo
Supplemental
Unit
0 -150
151 - 250
251 - 500
501 -1000
Over 1,000
Markings
6" Solid Paint
Linear Foot
2.30
1.84
1.61
1.38
1.15
(BLUE)
8" Solid Paint
Liner Foot
2.30
1.84
1.61
1.38
1.15
12" Solid Paint
Liner Foot
4.60
4.37
4.14
3.91
3.68
18" Solid Paint
Liner Foot
6.90
6.56
6.21
5.87
5.52
24" Solid Paint
Liner Foot
9.20
8.74
8.28
7.82
7.36
6" Skip 6'-10'
Gross Liner
Paint
Foot
0.58
0.46
0.40
0.35
0.29
6" Skip 2'-4'
Gross Liner
Paint
Foot
0.58
0.46
0.40
0.35
0.29
6" Skip 3'-9'
Gross Liner
Paint
Foot
0.58
0.46
0.40
0.35
0.29
6" Solid
Thermo
Linear Foot
6.90
6.33
6.04
5.75
5.75
(BLUE)
8" Solid
Liner Foot
3.45
3.16
2.88
2.59
2.30
Thermo
12" Solid
Liner Foot
6.90
5.75
5.18
4.60
4.03
Thermo
18" Solid
Thermo
Liner Foot
10.35
8.63
7.76
6.90
6.04
24" Solid
Liner Foot
13.80
11.50
10.35
9.20
8.05
Thermo
6" Skip 6'-10'
Gross Liner
Thermo
Foot
1.04
0.98
0.92
0.86
0.81
6" Skip 2'-4'
Gross Liner
Thermo
Foot
1.04
0.98
0.92
0.86
0.81
6" Skip 3'-9'
Gross Liner
Thermo
Foot
1.04
0.98
0.92
0.86
0.81
Work Zone
Each
5.75
5.18
4.60
4.37
4.14
RPMs
Permanent
Each
5.75
5.18
4.60
4.37
4.14
RPMs
Yield Lines
Paint
Square Foot
13.80
11.50
10.35
9.20
8.05
Speed
Hump/Speed
Square Foot
11.50
10.93
10.35
9.78
9.20
Table Paint
Misc. Paint
(Bullnose,
Square Foot
11.50
10.93
10.35
9.78
9.20
Curb, Etc.)
Yield Lines
Thermo
Square Foot
23.00
20.70
18.40
17.25
16.10
35
DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61 B34ECF8B8D
Supplemental
Unit
0 -150
151 - 250
251 - 500
501 -1000
Over 1,000
Markings
Speed
Hump/Speed
Square Foot
18.40
17.25
16.10
14.95
13.80
Table Thermo
Misc. Thermo
(Bullnose,
Square Foot
23.00
20.70
18.40
17.25
16.10
Curb, Etc.)
Messages &
Unit
0-5
6 - 10
11 - 25
26 - 50
Over 50
Symbols
Left (Message)
Paint
Each
92.00
87.40
82.80
78.20
73.60
Right
(Message)
Each
103.50
98.33
93.15
87.98
82.80
Paint
Stop (Message)
Each
92.00
87.40
82.80
78.20
73.60
Paint
Lane (4')
(Message)
Each
80.50
76.48
72.45
68.43
64.40
Paint
Only (4')
(Message)
Each
80.50
76.48
72.45
68.43
64.40
Paint
Only (8')
(Message)
Each
92.00
87.40
82.80
78.20
73.60
Paint
Lane (8')
(Message)
Each
92.00
87.40
82.80
78.20
73.60
Paint
Turn (Message)
Each
115.00
109.25
103.50
97.75
92.00
Paint
Merge
(Message)
Each
115.00
109.25
103.50
97.75
92.00
Paint
Bus (Message)
Paint
Each
69.00
65.55
62.10
58.65
55.20
School
(Message)
Each
138.00
131.10
124.20
117.30
110.40
Paint
Railroad
(Message)
Each
230.00
218.50
207.50
195.50
184.00
Paint
Railroad (Bike
Path)
Each
172.50
163.88
155.25
146.63
138.00
(Message)
Paint
Wrong Way
Arrow
Each
138.00
131.10
124.20
117.30
110.40
(Symbol) Paint
U-Turn
Each
138.00
131.10
124.20
117.30
110.40
(Symbol) Paint
Thru Arrow
Each
69.00
65.55
62.10
58.65
55.20
(Symbol) Paint
Left or Right
Arrow
Each
80.50
76.48
72.45
68.43
64.40
(Symbol) Paint
Left or Right
and Thru
Each
115.00
109.25
103.50
97.75
92.00
Arrow
(Symbol) Paint
36
DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61 B34ECF8B8D
Messages &
Unit
0-5
6 - 10
11 - 25
26 - 50
Over 50
Symbols
Left, Right and
Thru Arrow
Each
115.00
109.25
103.50
97.75
92.00
(Symbol) Paint
Bike Lane
Arrow
Each
46.00
43.70
41.40
39.10
36.80
(Symbol) Paint
Helmeted
Bicyclist
Each
46.00
43.70
41.40
39.10
36.80
(Symbol) Paint
Shared Lane
Marking
Each
92.00
87.40
82.80
78.20
73.60
(Symbol)
(Paint
Accessibility
(3') (Symbol)
Each
57.50
54.63
51.75
48.88
46.00
Paint
Accessibility
(5') (Symbol)
Each
69.00
69.55
62.10
58.65
55.20
Paint
Left (Message)
Each
276.00
262.20
248.40
234.60
220.80
Thermo
Right
(Message)
Each
322.00
305.90
289.80
273.70
257.60
Thermo
Stop (Message)
Each
276.00
262.20
248.40
234.60
220.80
Thermo
Lane (4')
(Message)
Each
253.00
240.35
227.70
215.05
202.40
Thermo
Only (4')
(Message)
Each
253.00
240.35
227.70
215.05
202.40
Thermo
Only (8')
(Message)
Each
276.00
262.20
248.80
234.60
220.80
Thermo
Lane (8')
(Message)
Each
276.00
262.20
248.40
234.60
220.80
Thermo
Turn (Message)
Each
276.00
262.20
248.40
234.60
220.80
Thermo
Merge
(Message)
Each
322.00
305.90
289.80
273.70
257.60
Thermo
Bus (Message)
Each
230.00
218.50
207.00
195.50
184.00
Thermo
School
(Message)
Each
402.50
382.38
362.25
342.13
322.00
Thermo
Railroad
(Message)
Each
460.00
437.00
414.00
391.00
368.00
Thermo
Railroad (Bike
Path)
Each
460.00
437.00
414.00
391.00
368.00
(Message)
Thermo
Wrong Way
`mow
Each
345.00
327.75
310.50
293.25
276.00
(Symbol)
Thermo
37
DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61 B34ECF8B8D
Messages &
Unit
0-5
6 - 10
Symbols
U-Turn
(Symbol)
Each
345.00
327.75
Thermo
Thru Arrow
(Symbol)
Each
115.00
109.25
Thermo
Left or Right
Arrow
Each
138.00
131.10
(Symbol)
Thermo
Left or Right
and Thru
Arrow
Each
184.00
174.80
(Symbol)
Thermo
Left, Right and
Thru Arrow
Each
184.00
174.80
(Symbol)
Thermo
Bike Lane
Arrow
(Symbol)
Each
161.00
152.95
(Preformed
Only) Thermo
Helmeted
Bicyclist
(Symbol)
Each
276.00
262.20
(Preformed
Only) Thermo
Shared Lane
Marking
(Symbol)
Each
460.00
437.00
(Preformed
Only) Thermo
Accessibility
(3') (Symbol)
Each
184.00
174.80
Thermo
Accessibility
(5') (Symbol)
Each
218.50
207.58
Thermo
Removal -
11 - 25 26 - 50 Over 50
310.50 293.25 276.00
103.50 97.75 92.00
124.20 117.30 110.40
165.60
156.40
147.20
165.60
156.40
147.20
144.90
136.85
128.80
248.40 234.60 220.80
414.00 391.00 368.00
165.60 156.40 147.20
196.65 185.73 174.80
Grinding
Unit
0 -150
151 - 250
251 - 500
501 -1000
Over 1,000
Mobilization
Lump Sum
1,380.00
1,380.00
1,380.00
1,380.00
1,380.00
Painted
Symbols and
Square Foot
5.75
5.46
5.18
4.89
4.60
Messages
Painted Stripe
Square Foot
3.22
2.65
2.07
1.84
1.38
Thermoplastic
Symbols and
Square Foot
6.90
6.61
6.33
6.04
5.75
Messages
Thermoplastic
Square Foot
3.45
2.88
2.30
1.96
1.73
Stripe
38
DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61 B34ECF8B8D
Removal —
Water
Unit
0 —150
151 - 250
251— 500
501-1000
Over 1,000
Blasting
Mobilization
Lump Sum
2,070.00
1,840.00
1,725.00
1,380.00
1,150.00
Painted
Symbols and
Square Foot
5.75
5.46
5.18
4.89
4.60
Messages
Painted Stripe
Square Foot
3.22
2.65
2.07
1.84
1.38
Thermoplastic
Symbols and
Square Foot
6.90
6.61
6.33
6.04
5.75
Messages
Thermoplastic
Square Foot
3.45
2.88
2.30
1.96
1.73
Stripe
After -Hours
Percentage
25
22
20
18
15
Mark-up
39
DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61B34ECF8B8D
Exhibit 2 — Work Order Form
WORK ORDER NO:
PROJECT DESCRIPTION:
City: City of Gainesville, a municipal corporation if State of Florida.
Date Issued:
CONTRACTOR:
Execution of the Work Order by the City shall serve as authorization for the Contractor to provide for the
above project, Contractor services as set out in the Scope of Work attached as Exhibit "A," to that certain
Agreement of dated between the City and the
Contractor and further delineated in the specifications, conditions, and requirements stated in the following
listed documents which are attached hereto and made a part hereof.
ATTACHMENTS:
[ ] Drawings/Plans/Specifications
[ ] Scope of Work dated
[ ] Special Conditions
[]
The Contractor shall provide said Work pursuant to this Work Order, its attachments and the above -referenced
Agreement, which is incorporated herein by reference as if it had been set out in its entirety. Whenever the
Work Order conflicts with said Agreement, the Agreement shall prevail.
TIME FOR COMPLETION: The Work authorized by this Work Order shall be commenced upon the
date written above. Substantial Completion shall be met by and Final Completion shall be met
by
METHOD OF COMPENSATION: The Contractor shall perform all Work require by this Work Order
for a sum not exceeding DOLLARS ($ ). The Contractor's compensation
shall be based on the actual Work required by this Work Order. All reimbursable expenses and allowances are
itemized in Exhibit "A"
The City shall make payment to the Contractor in strict accordance with the payment terms of the above -
referenced Agreement.
It is expressly understood by the Contractor that the City, prior to execution of the Work Order, reserves
the right to authorize a party other than the Contractor to perform the services called for under this Work Order
if it is determined that to do so is in the best interest of the City.
IN WITNESS WHEREOF, the Parties hereto have made and executed this Work Order on this day of
, 20 , for the purposes stated herein.
M
DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61B34ECF8B8D
WITNESS
Signature
Print Name
Date:
CONTRACTOR:
By:
Signature
Title:
Print Name and Title
Date:
CITY
By:
City Manager
Date:
APPROVED AS TO FORM AND LEGALITY
City Attorney
41
DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61 B34ECF8B8D
EXHIBIT 3: AMENDMENT TO WORK ORDER
WORK ORDER NO.:
AMENDMENT NO.:
Project Description:
City: City of Gainesville, Florida
Date Issued:
Contractor:
Original Work Order Description:
Amendment Revisions:
Original Work Order Price:
Total of Prior Approved Changes
Amount of this Change in Work Order Add or
(deduct)
New Work Order Price with This Amendment:
Original Substantial Completion Date
New Substantial Completion Date:
CITY:
By:
Title:
Date:
Original Final Completion Date:
New Final Completion Date:
CONTRACTOR:
By:
Print Name:
Title:
Date:
42
DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61B34ECF8B8D
EXHIBIT 4: PAYMENT BOND FORM
CONTRACTOR (PRINCIPAL)
COMPANY (LEGAL NAME):
PRINCIPAL BUSINESS ADDRESS (No PO Box):
TELEPHONE NUMBER:
SURETY
COMPANY (LEGAL NAME):
PRINCIPAL BUSINESS ADDRESS (No PO Box):
TELEPHONE NUMBER:
OWNER (OBLIGEE)
NAME: City of Gainesville, Florida, Municipal Corporation
PRINCIPAL BUSINESS ADDRESS: 200 E University Avenue, Gainesville, Florida 32601
TELEPHONE NUMBER: 352-334-5000
CONTRACT DETAILS
CONTRACT NO.:
DATE EXECUTED:
AMOUNT:
GENERAL DESCRIPTION:
STREET ADDRESS OF PROJECT:
PO NO., RFP, OR BID NO.:
BOND
BOND NUMBER:
DATE:
AMOUNT:
43
DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61B34ECF8B8D
KNOW ALL MEN BY THESE PRESENTS:
That Principal, hereinafter called Contractor, and Surety, as identified above, are bound to City of
Gainesville, Florida, as Obligee, and hereinafter called the City, in the amount identified above, for the payment
whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally.
This payment bond is executed pursuant to §255.05, Florida Statutes, and claimants must comply with the
notice and time limitations of §255.05(2) and §255.05(10), Florida Statutes.
WHEREAS, Contractor has by written Contract entered into a Contract, identified above, with the City,
which Contract Documents are by reference made part hereof, and for the purposes of this Bond are hereafter
referred to as the "Contract."
THE CONDITION OF THIS BOND is that if Contractor promptly makes payments to all persons defined
in §713.01, Florida Statutes, who furnish labor, materials and supplies used directly or indirectly by Contractor
in the performance of the Contract; then CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE,
IT SHALL REMAIN IN FULL FORCE AND EFFECT.
The surety hereby waives notice of and agrees that any changes in or under the Contract and compliance
or noncompliance with any formalities connected with the Contract or the changes do not affect surety's obligation
under this bond.
The provisions of this bond are subject to the notice and time limitations of §255.05(2) and §255.05(10).
In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
SIGNATURES NEXT PAGE
DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61B34ECF8B8D
Signed and sealed this day of 20
CONTRACTOR (PRINCIPAL)
Signed, sealed and delivered
in the presence o£
Witnesses as to Contractor
Name:
Title:
STATE OF
CITY OF
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization
this day of , 20, by , as
M
. a
corporation, on behalf of the corporation. He/she is personally known to me OR has produced
as identification.
Notary Public (Signature)
Printed Name:
My Commission Expires: (AFFIX NOTARY SEAL)
SURETY
SIGNATURE:
SEAL
PRINTED NAME AND TITLE: ATTORNEY IN FACT
45
DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61B34ECF8B8D
EXHIBIT 5: PERFORMANCE BOND FORM
CONTRACTOR (PRINCIPAL)
COMPANY (LEGAL NAME):
PRINCIPAL BUSINESS ADDRESS (No PO Box):
TELEPHONE NUMBER:
SURETY
COMPANY (LEGAL NAME):
PRINCIPAL BUSINESS ADDRESS (No PO Box):
TELEPHONE NUMBER:
OWNER (OBLIGEE)
NAME: City of Gainesville, Florida, Municipal Corporation
PRINCIPAL BUSINESS ADDRESS: 200 E University Avenue, Gainesville, Florida 32601
TELEPHONE NUMBER: 352-334-5000
CONTRACT DETAILS
CONTRACT NO.:
DATE EXECUTED:
AMOUNT:
GENERAL DESCRIPTION:
STREET ADDRESS OF PROJECT:
PO NO., RFP, OR BID NO.:
BOND
BOND NUMBER:
DATE:
AMOUNT:
46
DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61B34ECF8B8D
KNOW ALL MEN BY THESE PRESENTS:
That Principal, hereinafter called Contractor, and Surety, as identified above, are bound to City of
Gainesville, Florida, as Obligee, and hereinafter called the City, in the amount identified above, for the payment
whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally.
WHEREAS, Contractor has by written Contract entered into a Contract, identified above, with City, which
Contract Documents are by reference made a part hereof, and for the purposes of this Bond are hereafter referred
to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. performs the Contract between Contractor and City, at the times and in the manner prescribed in the
Contract; and
2. pays City all losses, damages, including liquidated damages and damages caused by delay, expenses,
costs and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor
under the Contract; and
3. performs the guarantee of all work and materials furnished under the Contract for the time specified
in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT.
Whenever Contractor shall be, and is declared by City to be, in default under the Contract, and City having
performed City's obligations there under, the Surety may promptly remedy the default, or shall promptly:
1. complete the Contract in accordance with its terms and conditions; or
2. obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon
determination by Surety of the lowest responsible bidder, or, if City elects, upon determination by City and Surety
jointly of the lowest responsible bidder, arrange for a Contract between such Bidder and City, and make available
as work progresses sufficient funds, paid to City, to pay the cost of completion and other costs and damages for
which the Surety may be liable hereunder.
No right of action shall accrue on this bond to or for the use of any person of corporation other than City
named herein.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations
or additions to the terms of the Contract or other Work to be performed hereunder, or the specifications referred
to therein shall in any way affect its obligations under this bond, and it does hereby waive notice of any such
changes, extensions of time, alterations or additions to the terms of the Contract or to Work or to the specifications.
47
DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61B34ECF8B8D
This instrument shall be construed in all respects as a common law bond. It is expressly understood that
the time provisions and statute of limitations under §255.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this
Performance Bond regardless of the number of suits that may be filed by Obligee.
Signed and sealed this day of 20
CONTRACTOR (PRINCIPAL)
Signed, sealed and delivered
in the presence o£
Witnesses as to Contractor
Name:
Title:
STATE OF
CITY OF
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization
this day of , 20 by , as
of a
corporation, on behalf of the corporation. He/she is personally known to me OR has produced
as identification.
Notary Public (Signature)
Printed Name:
My Commission Expires: (AFFIX NOTARY SEAL)
SURETY
SIGNATURE:
SEAL
PRINTED NAME AND TITLE: ATTORNEY IN FACT
48
DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61B34ECF8B8D
EXHIBIT 6: CONTRACTOR'S FINAL PAYMENT AFFIDAVIT FORM
STATE OF FLORIDA
CITY OF
Before me, the undersigned authority, personally appeared
deposes and says:
(1) He or she is the (title)
, of
business in the State of Florida, hereinafter referred to as the "Contractor."
(2) Contractor, pursuant to that certain Work Order dated
, who after being duly sworn,
, which does
("Contract") with the City
of Gainesville, Florida, a municipal corporation and political subdivision of the State of Florida, hereinafter
referred to as the "Owner," has furnished or caused to be furnished labor, materials, and services for
, as more particularly set forth in said Contract.
(3) This affidavit is executed by the Contractor in accordance with §713.06 of the Florida Statutes for the purposes
of obtaining final payment from the Owner in the amount of $
(4) Contractor certifies, represents and warrants that it has paid all persons defined in §713.01, Florida Statutes,
who furnished labor, services, or materials for the prosecution of the Work provided for in the Contract
("Claimants"), all amounts owed them from any previous payments received by Contractor from the Owner and
has not withheld any such amounts.
(5) Contractor certifies, represents and warrants that all Work to be performed under the Contract has been
fully completed, and all Claimants have been paid in full.
(6) In accordance with the Contract Documents and in consideration of $ paid,
Contractor releases and waives for itself and all Claimants, including their successors and assigns, all claims
demands, damages, costs and expenses, whether in contract or in tort, against Owner relating in any way to the
performance of the Contract.
(7) Contractor certifies, represents and warrants for itself and its subcontractors, materialmen, successors and
assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might
be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and
paid.
DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61B34ECF8B8D
Contractor:
Its:
Date:
Witnesses
[Corporate Seal]
STATE OF
CITY OF
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization
this day of , 20, by , as of
a corporation, on behalf of the corporation. He/she is personally known to me OR has produced
as identification.
Notary Public (Signature)
Printed Name:
My Commission Expires:
(AFFIX NOTARY SEAL)
50
DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61B34ECF8B8D
EXHIBIT 7: FINAL PAYMENT BOND WAIVER FORM
WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND (FINAL PAYMENT)
OWNER: City of Gainesville, Florida, a municipal corporation and political subdivision of the State of
Mn
D 1\ :: 1:
PROJECT: Work Order dated
("Contract') for labor, materials, and services for
The undersigned Claimant, for itself and its successors and assigns, and in consideration of the final payment
made in the amount of $ , hereby waives and releases its right to claim against the
payment bond, and further waives, releases and discharges the Owner and Contractor from any and all claims,
demands, obligations, damages, actions, and causes of action, direct or indirect, in law or in equity, for labor,
services or materials furnished through (insert date) to
on the job of the City of Gainesville, Florida, a municipal corporation and political subdivision of the State of
Florida, for improvements associated with the above referenced Project.
DATED ON
Claimant:
By:
(Name)
Title:
(Print Title)
STATE OF
CITY OF
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization
this day of , 20, by , as
of
0
51
DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61B34ECF8B8D
a corporation, on behalf of the corporation. He/she is personally known to me OR has produced
as identification.
Notary Public (Signature)
Printed Name:
My Commission Expires:
(AFFIX NOTARY SEAL)
52
DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61B34ECF8B8D
EXHIBIT 8: CERTIFICATE OF INSURANCE
53
DocuSign Envelope ID: 02CA7A76-5899-458A-A55A-61B34ECF8B8D
ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
5/1/2023
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(ies) must have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder in lieu of such endorsement(s).
NTACT
PRODUCER
NAME: Joseph J. Meola, CIC, CRM
McKee Risk Management, Inc. `A/c,PHONE, EXt): 609 561-4161 FAX No). 609 567-2824
E-MAIL 610 Freedom Business Center Drive, Suite 300 ADDRESS: rivey@mckeerisk.com
King of Prussia, PA 19406-1329
INSURED
Asphalt Paving Systems Inc.
500 N. Egg Harbor Road
P O Box 530
Hammonton, NJ 08037
INSURER(S) AFFORDING COVERAGE
INSURERA: Starr Indemnity & Liability Company
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
NAIC #
38318
COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) MM/DD/YYYY
A X COMMERCIAL GENERAL LIABILITY X 1000025864231 04/01/2023 04/01/2024 EACH OCCURRENCE $2,000,000
CLAIMS -MADE �X OCCUR PREMISES (Ea RENTED
$100,000
MED EXP (Any one person) $ 5,000
GENT AGGREGATE LIMIT APPLIES PER:
POLICY XI JECT LOC
OTHER:
A AUTOMOBILE LIABILITY
X
1000008480231
X ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
A UMBRELLA LAB H OCCUR
X
1000586980231
X EXCESS LIAB CLAIMS -MADE
DED I I RETENTION $
A WORKERS COMPENSATION
1000004574
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? F7N
N / A
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
PERSONAL& ADV INJURY
$2,000,000
GENERAL AGGREGATE
$4,000,000
PRODUCTS - COMP/OPAGG
$4,000,000
04/01/2023 04/01/202
COMBINED SINGLE LIMIT
(Ea accident)
$ 2,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
$
(Per accident)
$
04/01/2023 04/01/2024 EACH OCCURRENCE
AGGREGATE
$10,000,000
$10,000,000
04/01/2023 04/01/202 X ;`
E.L. EACH ACCIDENT $1,000,000
E.L. DISEASE - EA EMPLOYEE $1,000,000
IE.L.DISEASE- POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
RE: Pavement Management (Preservation & Surfacing) Continuing Services; It is agreed that the City of Gainesville,
Florida, a municipal corporation, its officials, employees and volunteers are included as Additional Insureds with respect
to the operations performed by the Named Insured if required by written contract per ISO Forms CG2010-12/19,
CG2037-12/19.
CERTIFICATE HOLDER CANCELLATION
City of Gainesville, Florida, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
a municipal corporation ACCORDANCE WITH THE POLICY PROVISIONS.
200 E University Avenue
Gainesville, FL 32601 AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD
