218-Interbay Marine Construction Company
f' ro ~ ~ t .!!n!!_g~nc,L~~ i rs _~8-'lfordJ- ~.1_nL Bo~J._P~rnPs
10 Interbay ~ar1ne Constr. Co.
7950 118th Avenue, North
largo, Fl 33540
R[_QUIS]_FOR
AU1HORI ZA1] ON
OF CHANGES
CPH JOB NO. 50604.00
City Sanford
Coun~ffiTfiOle
State Florida
Date /-Zb-8~
CONTRACTOR Interbay rarine Construction Co.
CHANGE ORDER NO.
1
Gentlemen:
The following change from the plans in the construction of the above designated
project is recommended:
ITEM
ADD I 11 ONS
DEDUCTIONS
1. The Contractor shall have a mlnlmum of three (3) ramp areas completed and
accepted by the City no later than August 30. 1985. The remainder of the
work shall be completed within the original 45 day time schedule.
f
o
o
Amount of This Order:
Amount of Previous Orders:
Original Contract Amount:
Original Contract Amount and Orders:
o
o
~/~.ooo
$79.000
The work covered by this order shall be performed under the same terms and conditions
as that included in the original contract.
A~~
Etfi , nee r
Approved:
~--
~ wner's Representative
Accepted by ~~ ,-~~l)
----'
Int~r-!3ay~~_1arinl'> Const. Co., Illl;.
CONTRACT DOCUMENTS
FOR
EMERGENCY REPAIRS
TO THE SANFORD MARINA
FOR THE CITY OF SANFORD, FLORIDA
Special Conditions
General Conditions
S-l to S-2
G-l to G-7
Proposal and Agreement ----------------------------- A-l to A-3
OWNER ------------------------------------ City of Sanford
ENGINEER --------------------------------- Conklin, Porter & Holmes-
Engineers, Inc.
~
SPECIAL CONDITIONS
01. Location: This project is located at the Sanford Marina Boat Ramps on
tne North Side of the East Basin, Sanford, Florida.
02.
Owner:
The project is owned by the City of Sanford.
03. Plans: Plans accompanying these specifications and forming a part
thereof, are as follows:
Drawing No.
Ti tl e
1
2
Boat Ramp Plan and Sections
Boat Ramp Plan and Sections
04. Inspections: All work to be performed under these specifications
WTTl be under the general supervision of, and inspected by the local regulatory
agencies; the City of Sanford; and other appropriate agencies that have
jurisdiction and/or may be required or designated by the Owner.
05. Record Documents:
A. As the work progresses, the Contractor shall mark on a set of Contract
Documents all changes from the Contract Documents.
B. Mark on the Contract Documents all changes in direction, elevation,
dimension and location of structure.
. C. At the completion of the work, deliver the record documents to the
Engineer in good condition and free of any extraneous notation.
D. Contractor's final request for payment will not be released until
record documents acceptable to the Engineer have been submitted to and
approved by the Engineer.
06. Use of Facility: The Owner shall provide and insure the Contractor
access to the construction site. The Owner shall make arrangements with the
Marina operator to have the boat ramps closed during the time of construction
and to limit the use of the area by power boats and large cruise ships. The
use of the ship "Romance" shall be so that the boat is always facing North
causing all the propeller wash to be far South of the area under construction.
A buoy line shall be constructed by the Contractor to restrict access to the
construction area.
S-l
GENERAL CONDITIONS
01. Sco~e: The scope of work includes furnishing all labor, equipment,
~s, materlals, and incidentals necessary to complete the work in accordance
with these specifications and the plans therefor in a first-class workmanlike
manner, complete in all respects and ready for use.
02. Engineers: The Owner has retained Conklin, Porter &
]IoTmes-Engineers, Inc., Consulting Engineers, 500 West Fulton Street, Sanford,
Florida 32771, as the Engineer for this project.
03. Ap~licable Specifications and Reruirements: All work to be performed
on this proJect shall conform to applicab e specifications and requirements
included in these Contract Documents and attached manufacturer's literature.
In addition, the work shall conform to the requirements of the State of Florida
Department of Environmental Regulation, local governmental regulatory agencies
having jurisdiction, and other standard specifications, codes and standards of
practice. If there is a conflict between requirements of the different
specifications or agencies, the Contractor shall notify the Engineer in writing
and request a clarification or resolution of the conflict. In general, for
cases of conflict, the more stringent specifications shall govern.
04. Permits and Regulations: The Contractor shall procure and pay for
arr licenses, and bonds necessary for the prosecution of the Work, and/or
required by municipal, State and federal regulations, laws and procedures,
unless specifically provided otherwise in the Contract Documents. The Owner
shall provide all required easements. The Owner has received a Florida
Department of Environmental Regulation letter of exception which exempts the
City from having to apply for a dredge and fill permit. Also, the Corps of
Engineers and St. Johns River Water Management District have given their verbal
approval to proceed with the work. The contractor shall abide by all
conditions of the exception at no extra cost to the Owner.
05. Bond: The Contractor shall furnish a proposal bond in the amount
or-five percent (5%) of the amount of their proposal.
The Contractor shall furnish a surety bond in an amount at least equal to one
hundred percent (100%) of the contract price as security for the faithful
performance of this contract and for the payment of all persons performing
labor and furnishing material on the project under this contract, and shall
indemnify and save harmless the said Owner against and from all costs,
expenses, damages, injury or conduct, want of care or skill, negligency or
default, including patent infringement on the part of said principal agents, or
employees, in the execution or performance of said contract. The surety on
such bond shall be a duly authorized surety company listed in the latest issue
of the U.S. Treasury Department list of approved sureties and acceptable to the
Ci ty of Sanford.
G-l
06. Insurance and Hold Harmless:
Hold Harmless Agreement - The Contractor shall save and hold harmless the Owner
and Engineer from claims under workmen's compensation acts and other employee
benefit acts, from claims for damages because of bodily injury including death,
to his employees and all others; and from claims for damages to property -- any
or all of which may arise out of or result from the Contractor's operations
under this Contract, whether such operations be by himself or by any
subcontractor or anyone directly or indirectly employed by either of them.
Contractor's Insurance - The Contractor shall not commence any work under this
Contract until he has obtained all insurance required under this paragraph.
1. The Contractor shall purchase and maintain such insurance as will protect
him from claims set forth below which may arise out of or result from the
Contractor's execution of the work, whether such execution be by himself or
by any Subcontractor or by anyone directly or indirectly employed by any of
them, or by anyone for whose acts any of them may be liable:
a. Claims under workmen's compensation, disability benefit and other
similar employee benefit acts;
b. Claims for damages because of bodily injury, occupational sickness or
disease, or death of his employees;
c. Claims for damage because of bodily injury, sickness or disease, or
death of any person other than his employees;
d. Claims for damages insured by usual bodily injury liability coverage
which are sustained (1) by any person as a result of an offense
directly or indirectly related to the employment of such person by the
Contractor, or (2) by any other person; and
e. Claims for damages because of injury to or destruction of tangible
property, including loss of use resulting therefrom.
f. Claims under the provisions of the Jones Act, U. S. Longshoremen's and
Harbor Worker Compensation Act.
2. Certificates of Insurance acceptable to the Owner shall be filed with the
Owner prior to commencement of the Work. These Certificates shall contain
a provision that coverages afforded under the policies will not be
cancelled unless at least fifteen (15) days prior Written Notice has been
given the Owner.
3. Contractor's General Public Liability and Property Damage Insurance
including vehicle coverage issued to the Contractor and protecting him from
all claims for destruction of or damage to property, arising out of or in
connection with any operations under the Contract Documents, whether such
operations be by himself or by any Subcontractor under him, or anyone
directly or indirectly employed by the Contractor or by the Subcontractor
under him. Insurance shall be written with a limit of liability of not
less than $500,000 for all damages arising out of bodily injury, including
G-2
death, at any time resulting therefrom, sustained by anyone person in any
one accident; and a limit of liability of not less than $500,000 aggregate
for any such damage sustained by two or more persons in anyone accident.
Contractual liability insurance shall be included. The XCU exclusion shall
be specifically deleted by endorsement. The property liability insurance
shall be a minimum of $250,000.00 for each occurrence and a $250,000.00
aggregate.
4. The Contractor shall acquire and maintain All Risk Installation Floater
insurance upon the Project to the full insurable value thereof for the
benefit of the Owner, the Contractor, and Subcontractors as their interest
may appear. This provision shall in no way release the Contractor or
Contractor's surety from obligations under the Contract Documents to fully
complete the Project.
5. In cases where any class of employees are engaged in hazardous or other
work under this contract at the site of the Project, the Contractor shall
provide, and shall cause each Subcontractor to provide, adequate and
suitable insurance for the protection of his employees.
The Contractor shall provide any other insurance as may be required by local,
State, and Federal law and regulations.
07. Sales Tax: The Contractor shall include in his bid, and shall pay,
all Florida State sales tax and other local, State, and Federal taxes in
accordance with existing laws and regulations.
08. Layout of Work: The Contractor shall perform and be responsible
for all layout work in connection with the project. The Owner will furnish
benchmarks and will consult with the Contractor on the layout of the project,
at the Contractor's request. All lines and grades established by the
Contractor shall be subject to checking by the Owner and/or Engineer, but this
shall in no way relieve the Contractor of the responsibility for reasonably
accurately establishing the lines and grades.
09. Deviations: Any deviations from these specifications, plans and
contract documents, must be approved by the Owner and the Engineer in advance
of the construction. Either a written and executed Change Order or a written
Field Order will be required.
The Contractor agrees that he will do such work as may be required for the
proper construction of the whole work herein contemplated, including all labor,
equipment and materials reasonably necessary for the proper completion of the
work. The Contractor agrees that he will make no claim for extra work unless
that material or work is not covered by, or properly inferable from the
Contract Documents. All such claims for extra work shall be filed in writing
with the Owner prior to performing said extra work, and, if allowed, will be
made a part of the Contract Documents by written change order, and payment
determined in accordance with the provisions for changes in work. The failure
to file such claims prior to doing the work shall be deemed a waiver thereof,
and admission that no such claims exist.
6-3
Before submitting a proposal, the Contractor shall carefully examine the plans
and specifications, visit the site and thoroughly investigate the existing
conditions. No plea of ignorance, oversight or miscalculation as to existing
conditions or the requirements of the proposed work shall suffice to withdraw
proposal or be the basis for requesting a claim for extra compensation.
10. Intent: The intent of the Contract Documents is to include all items
necessary for the proper execution and completion of the Work. The Contract
Documents are complementary and what is required by anyone shall be as binding
as if required by all. Work not covered in the Contract Documents will not be
required unless it is consistent therewith and is reasonably inferable
therefore as being necessary to produce the intended results. Words and
abbreviations which have well-known technical or trade meanings are used on the
Contract Documents in accordance with such recognized meanings.
11. Definition and Coordination of Contract Documents: Proposal and
Agreement, General Conditions, Special Conditions, change orders, the drawings
and specifications, and any supplementary documents are essential parts of this
contract, and together constitute the Contract Documents. Any item shown on
the drawings shall be considered as included in the specifications, whether
specifically mentioned therein or not, and vice versa. Any errors or omissions
as to standards or work in the drawings and specifications shall in no way
relieve the Contractor of the obligation to furnish a first-class job in
accordance with the best standard practice and in accordance with the intent of
the Contract Documents.
In case of conflict, the precedence of the Contract Documents shall be as
foll ows:
1. Agreement (proposal)
2. Special Conditions
3. Technical Specifications (shown on drawings and manufacturers'
product literature attached hereto)
4. Drawi ngs
5. General Conditions
6. Performance Bond
7. Proposal Guaranty
12. Final Drawings: The Contractor shall keep an accurate record of
the nature, location and dimension of all work, including such work as may
subsequently become concealed or inaccessible, and transmit this information,
properly marked, on a set of Contract Plans to the Engineer when the work is
completed. This information shall be construed as liAs Built" data and shall be
submitted to the Engineers in a neat and orderly manner before final payment is
approved.
13. Construction Schedule: Immediately after execution and delivery
or-the contract, the Contractor shall deliver to the Owner and the Engineers a
construction progress schedule in form satisfactory to the Owner, showing the
proposed dates of commencement and completion of the various subdivisions of
work required under the specifications.
Revised 6/26/85
G-4
14. Payments: The Owner will make partial payments on a monthly basis
or at agreed on stages of the work to the Contractor based on pay estimates
which have been approved by the Engineer and the Owner. The Contractor shall
submit to the Engineer at least five (5) copies of his estimate, with
reasonable time allowed for the Engineer to make a field inspection, check, and
process the estimate. The Owner shall retain ten percent (lOt) of the total
value of the work completed to date as a retainage until final completion and
acceptance by the Owner of the work.
Upon presentation of suitable evidence satisfactory to the Engineer and Owner
indicating that materials stored on the job site are to be incorporated into
the work, and that by delivering and suitably storing said materials on the job
site that they become the property of the Owner, and substantiating cost of
said materials, the Owner may allow the inclusion of the cost of said materials
in partial payment estimates. Such material, when so paid for by the Owner,
will become the property of the Owner, and, in case of default on the part of
the Contractor, the Owner may use or cause these materials to be used by others
in construction of the project. However, the Contractor shall be responsible
for safeguarding such materials against loss or damage of any nature
whatsoever, and in case of loss or damage, the Contractor shall replace such
loss or damaged materials at no cost to the Owner.
Final Payment, including the retainage, will be made upon the completion of the
work and certification by the Engineer, and acceptance by the Owner that all of
the work has been completed in accordance with the approved plans and
specifications and other Contract Documents and will be paid to the Contractor
not later than 30 days after final acceptance of the work by the Owner.
15. Payments Withheld: The Owner may withhold from payment to the
CQntractor, in addition to the retained percentage, such an amount or amounts
as may be necessary to cover:
a. Payments that may be earned or due for just claims for labor or
materials furnished in and about the Work.
b. For defective Work not remedied.
c. For failure of the Contractor to make proper payments to his
subcontractors.
d. Reasonable doubt that this Contract can be completed for the balance
then unpaid.
e. Evidence of damage to another Contractor or party.
The Owner will disburse, and shall have the right to act as agent for the
Contractor in disbursing such funds as have been withheld pursuant to this
paragraph, to the party or parties who are entitled to payment therefrom. The
Owner will render to the Contractor a proper accounting of all such funds
disbursed in behalf of the Contract.
Revised 6/26/85
G-5
Neither the final payment nor any part of the retained percentage shall become
due until the Contractor, if required, shall deliver to the Owner his written
one year guarantee on the work and a complete release of liens arising out of
this Contract, or receipts in full in lieu thereof, and, if required in either
case, an affidavit that so far as he has knowledge or information, the releases
and receipts include all the labor and material for which a lien could be
filed; but the Contractor may, if any subcontractor refuses to sign a release
or receipt in full, furnish a bond satisfactory to the Owner, to indemnify
himself against any lien. If any lien remains unsatisfied after all payments
are made, the Contractor shall refund to the Owner all moneys that the latter
may be compelled to pay in discharging such a lien, including all costs and a
reasonable attorney's fee.
Further, neither the final payment nor any part of the retained percentage
shall be paid by Owner until Contractor shall deliver a consent of surety,
executed by the Surety Bonding Company or its lawful agent authorizing said
payment by Owner without recourse to the Owner's claims, if any, agains the
Bond.
16. Owner's Right to do Work or to Terminate Contract: If the Contrctor
Shall neglect to prosecute the work properly, or fail to perform any provision
of this Contract, the Owner, after seven (7) days written notice to the
Contractor, may, without prejudice to any other remedy he may have, make good
such deficiencies and may deduct the cost thereof from the payment then or
thereafter due to the Contractor; provided, however, that the Engineer shall
approve both such action and the amount charged to the Contractor.
If the Contractor shall be adjudged bankrupt, or if he should make a general
assignment for the benefit of his creditors, or if a receiver should be
appointed on account of his insolvency, or if he should persistently or
repeatedly refuse or fail to supply enough properly skilled workmen or proper
materials, or if he should fail to make prompt payment to subcontractors for
material or labor, or persistently disregard laws, ordinances or the
instruction of the Engineer, or otherwise be guilty of a substantial violation
of any provision of the Contract, the Owner, then upon the certificate of the
Engineer that sufficient cause exists to justify such action, may without
prejudice to any other right or remedy, and after giving the Contractor seven
(7) days written notice, terminate the employment of the Contractor and take
possession of the premises and of all materials, tools and appliances thereon
and finish the work by whatever method he may deem expedient.
In such case, the Contractor shall not be entitled to receive any further
payment until the work is finished. If the unpaid balance of the Contract
Price shall exceed the expense of finishing the work, such excess shall be paid
to the Contractor. If such expense shall exceed the unpaid balance, the
Contractor shall pay the difference to the Owner.
The expense incurred by the Owner as herein provided, and the damage incurred
through the Contractor's default shall be certified by the Engineer.
Revised 6/26/85
G-6
17. Shop Drawings: Furnishing of certified shop drawings or
manufacturers cut sheets or suppliers evidence and certification of compliance
shall be required for all materials. These shop drawings shall be submitted in
quadruplicate to the Engineer for review and approval prior to the furnishing
of materials or products. Two sets of approved shop drawings or other material
will be returned to the Contractor, one set to the Owner, and one set retained
by the Engineer.
18. General Guarantee: All work to be performed under this Contract shall
oe-constructed in compliance with the plans, the specifications and standard
construction codes, and must be guaranteed in writing by the Contractor and
surety for a period of one (1) year from date of final acceptance against
defective workmanship and material of any nature. On all items of equipment
and materials to be incorporated into the work, the Contractor and his surety
must guarantee that the type, quality, design and performance will fully meet
the specifications.
19. Qua1it~ Control Testing: The Owner shall employ and pay for a
rTOrida license, independent testing laboratory to perform specified testing
services.
Testing which may be required shall include, but are not limited to, the
following:
a. Concrete testing for pumped grout.
b. Granular sand fill sieve analyses and in-place density.
Contractor shall give the Engineer timely notice of readiness of the work for
all required inspections, tests or approvals.
Materials which fail to meet the specifications shall not be paid for until the
deficiencies are remedied. The Contractor shall promptly repair or replace
materials that do not meet the specifications. The costs of any failing tests
shall be paid for by the Contractor.
~ Interpreter and Judge: Conklin, Porter & Holmes-Engineers, Inc.
will be the Interpreter of the requirements of the Contract Documents and the
Judge of the performance thereunder by both the Owner and the Contractor. The
Engineer will render decisions in writing within a reasonable time when
requested by either party regarding claims, disputes, and other matters in
question between the Owner and the Contractor or the interpretation of the
Contract Documents. Either party to the Contract may make written request to
the Engineer for such interpretations. All interpretations and decisions of
the Engineer shall be consistent with the intent of and reasonably inferable to
the Contract Documents. In his capacity as Interpreter and Judge, he will
endeavor to secure faithful performance by both the Owner and the Contractor,
will not show partiality to either, and will not be liable for the result of
any interpretation or decision rendered in good faith in such capacity.
21. Claims, Disputes, and Other Matters in Question: All claims, disputes,
ana other matters in question between the parties to this Agreement, arising
out of or relating to the Agreement or the breach thereof, shall be decided by
Suit initiated in the County of the Owner.
Revised 6/26/85
G-7
This Agreement, made
of Sanford, Florida,
doing business as a
Contractor.
PROPOSAL AND AGREEMENT FORM
~ ~/
this I day of ~ , 1985, by and between the City
hereina er cal~ ~wner and I~ter-Bay Marine Construqtion,
Florida Corporation , and herelnafter called the
The Owner and Contractor agree as follows:
A. Contract Documents
1. The Contract Documents consist of the Performance Bond; Proposal Bond;
the Agreement; Special Conditions; General Conditions; Specifications;
the Drawings; all Addenda issued prior to and all Change Orders issued
after execution of this Agreement. These form the Contract and all
are as fully a part of the Contract as if attached to this Agreement
or repeated herein.
B. Scope of Work
1. Work involved in this project consists of the "Emergency Repair of the
Sanford Marina Boat Ramps". Major work items involved in this project
are: Remove existing debris and rubble from area of construction;
prepare base material for addition of clean granular fill material;
place concrete bags and Unimat as shown on the plan sheets. The work
described above is not intended to be inclusive of all work to be
performed by the Contractor. All other items required to complete the
project shall be part of the Contract.
2. The Owner reserves the right to alter the Plans, extend or shorten the
improvements, add such incidental work as may be necessary, and
increase or decrease the quantities of work to be performed. Such
changes shall not be considered as a waiver of any conditions of the
Contract nor to invalidate any of the provisions thereof. Should such
changes result in changes in the quantities or cost of the work to be
performed, the Contractor and Owner shall revise the contract amount
by cost of work agreed upon by both parties and include same in a
written change order.
C. Contract Time
The undersigned agrees that his proposal as stipulated herein shall be
valid for a period of thirty (30) days from the date of this bid opening.
The undersigned agrees to start construction of this project within 10
calendar days after notice of award of contract and notice to procee~ and
to guarantee completion of the work within 30 calendar days thereafter.
A~
D. Liquidated Damages
Owner and Contractor recognize that time is of this essence of this
Agreement and that Owner will suffer financial loss if the Work is not
substantially complete within the time specified in Paragraph C above, plus
any extensions thereof allowed in accordance with the General Conditions.
They also recognize the delays, expense and difficulties involved in
proving in a legal proceeding the actual loss suffered by the Owner if the
Work is not substantially complete on time. Accordingly, instead of
requiring any such proof, Owner and Contractor agree that as liquidated
damages for delay (but not as a penalty) Contractor shall pay Owner One
Hundred Dollars ($100.00) for each day that expires after the time
specified in Paragraph C for final completion until the work is finally
completed.
E. Contract Price
1. It is intended that payment for all work done under the Contract
Documents, including the furnishing of all labor, equipment and
materials, and the performing of all operations in connection with the
construction of emergency improvements to the boat ramps at the
Sanford Marina will be made under a Lump Sum Pay Item. Other work
will be considered included in the Contract Lum Sum and no additional
compensatlon wl1 e a owed.
2. The Owner will pay the Contractor in current funds for the performance
of the work, subject to additions and deductions by Change Order as
provided in the Contract Documents, the Contract Lump Sum Price
of Seventy-Nine Thousand Dollars ($ 79,000.00 ).
F. Payments
The work will be done in compliance with the Contract Documents and paid
for under the Pay Items or Contract Items herein listed. The Contractor
shall take no advantage of any apparent error or omission in the Plans or
Specifications, and the Engineer shall be permitted to make such
corrections and interpretations as may be deemed necessary for the
fulfillment of the intent of the Contract Documents.
G. Eng; neer
1. The Project has been designed by Conklin, Porter & Holmes-Engineers,
Inc., referred to in the documents as the Engineer.
Revised 6/26/85
A-2
~
Acceptance of this proposal, as indicated by the Owner's signature below, shall
constitute a working agreement between the Owner and the Contractor for the
construction of the proposed facilities.
This bid made by and on behalf of:
ATTEST:
TITLE:
DATE:
,~~L/Z~~
PA</L: ~'?'7
Lj.3'{' /FJ">
C7
Inter-Bay Marine Construction
7950 118th Avenue North
Larqo, FL 33543
By: ../A-~ I.//J~ f)v:-
Title: President
Contractor
Received Addendum No's. I,
Contractor
FOR THE OWNER
Accepted at ~~ ,Florida,
this
rF- ~- ...--19;'5-:
ATTEST: A8fV 'rrv, L~,~
Title: :/J~~~~ Ct~
Date: 8 --- .s- -- g :{
By: ~/wL-
------
Title: Cr/j, ~.,v-.
-------/
A-3