HomeMy WebLinkAbout20-22438 CITY OF ZEPHYRHILLS
5335-8TH STREET
(813)780-0020
FENCE PERMIT
PERMIT INFORMATION LOCATION INFORMATION
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Permit Number: 22438 Address: 5335 8TH ST
Permit Type: FENCE ZEPHYRHILLS, FL.
Class of Work: FENCE REPLACEMENT Township: Range: Book:
Proposed Use: COMMERCIAL Lot(s): Block: Section:
Square Feet: Subdivision: CITY OF ZEPHYRHILLS
Est.Value: Parcel Number: 11L26-21-0010-13400-0010
Improv. Cost: 80,328.00 OWNER INFORMATION
Date Issued: 2/04/2020 Name: CITY OFIZEPHYRHILLS LS#6
Total Fees: 230.00 cal Address: 5335 8TH ST
Amount Paid: 230.00 ZEPHYR'ILLS, FL. 33542
Date Paid: 2/04/2020 Phone:
Work Desc: INSTALLATION ALUMIWUMN-1000 FT X 7 FT FENCE- RETENTION POND-FEE WAIVED
CONTRACTOR(S) APPLICATION FEES
KEELER FENCE (727)967-4159-- FENCE— 1 200.00
CONTRACTOR CERTIFICATE 30.00
rn "d
FINAL Ins pectio s Required
REINSPECTION FEES:(c)With respect to Reinspection fees will comply with Florida Statute 553.80(2)(c)the
local government shall impose a fee of four times the amount of the fee imposed for the initial inspection or
first reinspection,whichever is greater,for each such subsequent reinspection.
NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that
may be found in the public records of this county, and there may be additional permits required from other governmental
entities such as water management, state agencies or federal agencies.
The payment of inspection fees shall be made before any further permits will be issued ed to the person owning same
"Warning to owner: Your failure to record a notice of commencement may result in your paying twice for
improvements to your property. If you intend to obtain financing,consult with your lender or an attorney
before recording your notice of commencement."
Complete Plans, Specifications and Fee Must Accompany Application'
All work shall be performed in accordance with City Codes and Ordinances
CONTRACTOR PERMIT OFF109k
PERMIT EXPIRES IN 6 MONTHS WITHOUT APPROVED INSPECTION
CALL FOR INSPECTION - 8 HOUR NOTICE REQUIRED
PROTECT CARD FROM WEATHER I
813-780-0020 City of Zephyrhills Permit Application Fax-813-780-0021
Building Department
Date Received Phone Contact for Permitting
.................... ...... ................ ..
L U 1 - "
Owner's Name CNY-i 013 N Owner Phone Mber
Owner's - C Owner Phone Nu mber
Owner Phone Number
II
JOB ADDRESS .335 S_Vhc, — LOT#
SUBDIVISION PARCEL ID#
(OBTAINED FROM PROPERTY TAX NOTICE)
WORK PROPOSED NEW CONSTRR ADDIALT SIGN DEMOLISH
e INSTALL REPAIR
PROPOSED USE = SFR = COMM OTHER F-7
TYPE OF CONSTRUCTION = BLOCK 0 FRAME STEEL
DESCRIPTION OF WORK lk.=). of 7' Wi FeJ\c_e_ 3- &McS
BUILDING SIZE F ISQ FOOTAGE HEIGHT
=BUILDING
VALUATION OF TOTAL CONSTRUCTION
=ELECTRICAL AMP SERVICE DUKE ENERGY W.R.E.C.
1$
=PLUMBING
=MECHANICAL $ 7 VALUATION OF MECHANICAL INSTALLATION
=GAS Q ROOFING 0 SPECIALTY OTHER
FINISHED FLOOR ELEVATIONS FLOOD ZONE AREA =YES NO
BUILDER COMPANY 'Inr,- rom �e 4er�rc_
SIGNATURE REGISTERED Y/ N FEE CCLIRRiff-F!, . I Y/N
Address Lic'erisel 4
ELE"CTRICIAN, COMPANY I
REGISTERED I Y/ N FEE CUURREN L SIGNATURE /N
Address License#
PLUMBER COMPANY I
SIGNATURE REGISTERED Y/ N FEE CURREN LaLN
ii
Address License# 1
MECHANICAL COMPANY
SIGNATURE REGISTERED Y/ N FEE CURREN
Address License�1# r
OTHER COMPANY
SIGNATURE REGISTERED Y/ N FEE'CURREN
Address License 1#
H+H
RESIDENTIAL Attach(2)Plot Plans;(2)sets of Building Plans;'(1)set of Energy Forms;R-O-W Permit for new construction,
Minimum ten(10)working days after submittal date. Required onsite,Construction Plans,Stormwater Plans wl Silt Fence installed,
Sanitary Facilities&I dumpster;Site Work Permit for subdivisions/large projects I I I
COMMERCIAL Attach(2)complete sets of Building Plans plus a Life Safety Page;(1)set of Energy Forms.R-O-W Permit for new construction.
Minimum ten(10)working days after submittal date. Required onsite,Construction Plans,Stormwater Plans wl Silt Fence installed,
Sanitary Facilities&I dumpster.Site Work Permit for all new projects.All commercial requirements must meet compliance
SIGN PERMIT Attach(2)sets of Engineered Plans.
'PROPERTY SURVEY required for all NEW construction.
Directions:
Fill out application completely.
Owner&Contractor sign back of application,notarized
if over$2500,a Notice of Commencement Is required. (A/C upgrades over$7500)
Agent(for the contractor)or Power of Attorney(for the owner)would be someone with notarized letter from owner authorizing same
OVER THE COUNTER PERMITTING (copy of contract required)
Reroofs If shingles Sewers Service Upgrades A/C ' Fences(Plot/Survey/Footage)
Driveways-Not over Counter if on public roadways..needs ROW
NOTICE OF DEED,RESTRICTIONS: The undersigned understands-that this permit may be subject to"deed"restrictions"
which may be more restrictive than County regulations. The undersigned assumes responsibility for compliance with any
applicable deed restrictions.
UNLICENSED CONTRACTORS AND CONTRACTOR RESPONSIBILITIES: If the owner has hired a contractor or
contractors to undertake work, they may be,required to be licensed in accordance with state and local regulations. If the
contractor is not licensed as required by law, both the owner and contractor may be cited for a misdemeanor violation
under state law. If the owner or intended contractor are uncertain as to what licensing requirements may apply for the
intended work, they are advised to contact the Pasco County Building Inspection Division—Licensing Section at 727-847-
8009. Furthermore, if the owner has ,hired a contractor or contractors, he is advised to have the contractor(s) sign
portions of the "contractor Block" of this application for which they Will be responsible. If you, as the owner sign as the
contractor, that may be an indication that he is not properly licensed and is not entitled to permitting privileges in Pasco
County.
TRANSPORTATION IMPACT/UTILITIES IMPACT AND RESOURCE RECOVERY FEES: The undersigned understands
that Transportation Impact Fees and Recourse Recovery Fees may apply to the construction of new buildings, change of
use 16 existing buildings, 6rex0ansionof existing buildings, as specified in Pasco County-- rdinance number 89-07 and
90-07, as amended. The undersigned also understands,*that such fees, as may be due, will be identified at the time o
permitting. It is further understood that Transportation Impact Fees and Resource Recovery Fees must be paid prior to
receiving a "certificate of occupancy" or final,power release. If the project does not involve a certificate of.occupancy or
final power release; the.,fees must be paid prior to permit issuance. -Furthermore, if Pasco County Water/Sewer Impact
fees are due, they must be paid prior to permit issuance in accordance with applicable Pasco County ordinances.
CONSTRUCTION-LIEN LAW(Chapter 713, Florida Statutes,as amended): If valuation of work is,$2,5.00.,00 or more, I
certify that 1, the applicant, have been-provided with a-copy of the "Florida:Construction Lien Law—Homeowner's
Protection Guide" prepared by the Florida Department of Agriculture-and.Consumer Affairs. If the applicant is someone
other than the"owner', I certify that I have obtained a copy of the above described document and promise'in good faith to
deliver it.to-the"owner"prior to commencement.
CONTRACTOR?S/OWNERISAFFIDAVIT: I certify that all the information in.this application inaccurate and that all work
will be done in compliance with all applicable laws regulating.construction, zoning and land development. Application is
hereby made to obtain a permit to do work and installation as indicated. I certify that no work or installation has
commenced prior-to issuance of a permit and that all work will be performed to meet standards of all laws regulating
construction, County and City codes, zoning regulations, and land development regulations in the jurisdiction. I also
certify.that I understand that the regulations of other government agencies may apply to the intended-work, and that it is
my responsibility to identify what actions I must take to.be in compliance. Such agencies include but are not limited to:
Department of Environmental Protection-Cypress Bayheads, Wetland Areas and Environmentally Sensitive
Lands,Water/Wastewater Treatment.
Southwest. Florida Water Management District-Wells, Cypress Bayheads, Wetland Areas, Altering
Watercourses.
Army Corps,of Engineers-Seawalls, Docks, Navigable Waterways.
Department of Health & Rehabilitative Services/Ehvironmental Health Unit-Wells, Wastewater Treatment,
Septic Tanks.
US Environmental Protection Agency-Asbestos abatement.
Federal Aviation Authority-Runways.
I understand-that the following restrictions apply to the use of fill:
Use of-fill is not allowed in Flood.Zone'V'unless-expressly permitted.
If the fill material is to be used in Flood Zone "A", it is understood that a drainage. plan addressing a
.compensating volume" will be submitted at time of permitting which is prepared by a professional engineer
licensed by the State of Florida.
If the fill material is to.be used -in Flood Zone "X in connection with a permitted building using stem wall
construction, I certify that fill will be used only to fill the area within the stem wall.
If fill material is to be, used in any area, I certify that use of such fill will, not adversely affect adjacent
properties. If use of fill is found to adversely affect adjacent properties,-the owner may be.cited for violating
the conditions.of the building permit issued under the attached permit application, for lots less than one (1)
acre which are elevated by fill,an engineered drainage plan is required.
If I-am the AGENT FOR THE OWNER, I promise in good faith to inform.the owner of the permitting conditions set forth in
this affidavit it prior to commencing,construction. I understand that a.separate permit may be required for electrical work,
plumbing, signs, wells, pools, air Conditioning,,gas, or other,installations not specifically included in the.application. A
permit issued shall be construed to be a license to proceed with the work and not as authority to.violate, cancel, alter, or
set aside any provisions of the technical codes, nor shall issuance of-a permit prevent the Building-Official from-thereafter
requiring a correction of errors in plans, construction or violations of any codes. Every permit issued shall become invalid
unless the work authorized by such-permit is commenced within-six months of permit issuance, or if work authorized by
the permit is suspended-or abandoned for a period ofsix(6) months after the time the work is commenced. An extension
may be requested, in writing, from the Building Official for a period not to exceed ninety(90) days and will demonstrate
justifiable cause for the extension. If work ceases for ninety(90)consecutive days,the job is considered abandoned.
WARNING-TO OWNER: YOUR FAILURE TO RECORD.A NOTICE OF COMMENCE'MENT-MAY RESULT:IN YOUR
PAYING..TWICE FOR IMPROVEMENTS TO YOUR�-PROPERTY. IFYOU:INTENDTOOBTAIN.FINANr.[NG, CONSULT
WITH-YOUR LENDER:ORAN ATTORNEY-BEFORE,RECORDING.'YOUR NOTICE OF,COMMENCEMENT.
FLORIDA JURAT'(F.S.117.03)
OWNER OR AGENT - CONTRACTOR
Subscribed and swom to(or affirmed)before me this Subscribed and sworn to(or affirmed)before me this
by by
Who is/are—personally known to me or has/have produced Who is/are personally known to me or has/have produced
as identification. as identification.
Notary Public Notary Public
Commission No. Commission No.
Name of Notary typed,printed or stamped. Name of Notary typed,printed or stamped
AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY OF
ZEPHYRHILLS, a Florida municipal corporation (hereafter referrel d to as "CITY"), whose
address is 5335 8th Street, Zephyrhills, FL 33542 and KEELER LANDSCAPING, INC... a
Florida corporation, d/b/a KEELER FENCE (hereinafter referred to as"CONTRACTOR"),
whose address is 30630 Darby Rd., Dade City, FL 33525, and I
WHEREAS, the City invited Contractor to bid to construct an ornamental Fence
around Lake Necessity, and
WHEREAS, the Contractor has submitted a bid proposal. to the City which has
been accepted by the City Council.
NOW,THEREFORE, in consideration of the mutual benefits accruing to the parties
to this Agreement, and for other good and valuable considerations, the parties agree as
follows:
ARTICLE 1: THE PROJECT SCOPE
1.1 The scope of the project involved in this contract is to construct the
following: CONSTRUCTION OF ORNAMENTAL FENCE AROUND LAKE NECESSITY
as per the plans and specifications of City of Zephyrhills' Invitation to Bid Re: BID
NUMBER 11-19-10. The furnishing of all materials, labor and performance for all of the
work shall be constructed in accordance with the previousilyl submitted drawings,
specifications and documents which are, incorporated herein as the "Contract
Documents" and are more particularly described as:
1. Conditions of Contract (general and special),
2. Specifications
3. Drawings
4. Addenda or modifications (if applicable)
5. Invitation to-Bid, Re: BID NUMBER 11-19-10.
6. Contractor's Bid
ARTICLE II: SCOPE AND SERVICES
2.1 The scope and compensation for the services that the Contractor will
provide under this agreement shall be as follows:
a. Contractor shall furnish all materials described in Article 1, at the contract
amount of not to exceed $80,328.60 which actual bid amount is shown in
Contractor's bid.
b. The Contractor shall commence the work to be performed under this
Agreement on a date to be specified in a written order of the City and shall
fully complete all work hereunder within thirty (30) Calendar Days of said
written order(Notice of Commencement).
c. The Contractor agrees that no additional work or extras shall be done
unless the same shall be duly authorized by the City in writing by change
order.
d. City and Contractor recognize that, since time is of the essence for this
Agreement, the City will suffer financial loss if Work is not substantially
completed within the time specified. Should Contractor fail to substantially
complete the Work within the agreed time period, City shall be entitled to
assess, as liquidated damages, but not as a penalty, $1,000.00 for each
calendar day thereafter until substantial completion is achieved.The Project
shall be deemed to be substantially completed by the City on the date that
the City's representative certifies in writing that the construction of the
Project, or specified part thereof, is sufficiently completed in accordance
with the Contract Documents, so that the Project or specified part can be
utilized for the purposes for which it is intended.
e. Contractor hereby expressly waives and relinquishes any right which it may
have to seek to characterize the above noted liquidated damages as a
penalty, which the parties agree represents a fair and reasonable estimate
of the City's actual damages at the time of contracting if Contractor fails to
substantially complete the Work in accordance with the progress schedule.
ARTICLE III: COMPENSATIM
3.1 The sums due to the Contractor according to Article 11, shall be due and
payable in full, in accordance with the terms of the Invitation to Bid. Neither final payment
nor amounts retained, if any, shall become due until the Contractor submits to the City:
(1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness
connected with the work for which the City might be responsible or its property
encumbered (less amounts withheld by the City) have been paid or otherwise satisfied;
(2)a certificate evidencing that insurance required by the Contract�Documents is currently
in effect, shall remain in force after final payment, and shall not be canceled or allowed to
expire until at least thirty (30) days prior written notice has been!given to the City; (3) a
written statement that the Contractor knows of no potential reason that the insurance will
not be renewable to cover the period required by the Contract Documents; (4) consent of
surety, if any,to final payment; and (5)any other data establishing'payment or satisfaction
of obligations, such as receipts, releases and waivers of liens, claims, security interests
or encumbrances arising out of the Contract Documents, to the extent and in such form
as may be designated by the City.
3.2 For each progress payment made prior to Substantial Completion of the
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Work, the Owner may withhold ten percent (10%), as retainalge, from the payment
otherwise due.
3.3 A total of ten percent (10%) of the construction price shall be withheld as
retainage until punch list items are completed and shall be paid Pursuant to section 3.4
below.
3.4 When the work has been completed and this Agreement fully performed,
the Contractor shall submit a final application for payment to the!City for approval. The
City shall make final payment to the Contractor within thirty(30)days after the Contractor
approves of such final application for payment.
3.5 The parties understand and agree that the City shall bear no obligation
under this Agreement, or otherwise, to pay, or to be responsible in any way, for payment
to a subcontractor performing portions of the work for the Contractor. If, however, the
City receives a Notice to Owner claiming that the Contractor has not properly paid any
party that has contracted with the Contractor for any work associated in any way with this
project, then the City may, at its sole discretion and after providing notice to the
Contractor, pay such party and then deduct the sums paid from any amounts remaining
to be paid to the Contractor.
3.6 Neither payment nor partial or entire use or occupancy of the project by the
City shall constitute an acceptance of work not in accordance with the Contract
Documents or otherwise improperly performed.
3.7 The Contractor warrants that title to all construction covered by an
application for payment will pass to the City no, later than the time of payment. The
Contractor further warrants that upon submittal of an application for payment, all
construction for with payments have been received from the City 'shall be free and clear
of liens, claims, security interests or encumbrances in favor of the Contractor or any other
person or entity performing construction at the site or furnishing materials or equipment
relating to the construction.
3.8 The parties understand and agree that the making of final payment by the
City shall, in no way, constitute a waiver of claims by the City.
3.9 Acceptance of final payment shall constitute a waiver, of all past, present, or
future claims by the Contractor.
ARTICLE IV: INSURANCE AND INDEMNITY
i
4.1 The Contractor shall be responsible for initiating, maintaining
ntaining and providing
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supervision of all safety precautions and programs in connection with the performance of
this Agreement.
4.2 The Contractor shall take all necessary precautions", required to ensure the
safety of, and shall provide any necessary protection to prevent damage, injury or loss to:
(1) employees on the work site and other persons who may be affected thereby; (2) the
work and materials and equipment to be incorporated therein, whether in storage on or
off the site, under care, custody, or control of the Contractor; and�(3)other property at or
adjacent to the work site such as trees, shrubs, lawns, walks I pavement, roadways,
structures and utilities not designated for removal, relocation or replacement in the course
of construction.
4.3 The Contractor shall promptly remedy damage and loss to property at the
work site caused in whole or in part by the Contractor or anyone directly or indirectly
employed by him, or by anyone for whose acts he may be liable.
4.4 The Contractor shall purchase from and maintain, from a company or
companies of recognized responsibility, which are licensed, rated and authorized to write
policies and conduct business in the State of Florida, all insurance in such amounts as is
set forth in the Contract Documents. Prior to commencement of construction, proof of
such insurance and payment, along with a copy of the policy, of same shall be provided
in writing ten (10) days prior to commencement of construction. The sufficiency of
insurance coverage under the terms of this agreement shall be at the City's sole,
reasonable discretion. The Contractor shall ensure that the City is named as an additional
insured on all the policies set forth in the Contract Documents other than Workers
Compensation Insurance. Coverage's whether written on an occurrence or claims-made
basis, shall be maintained without interruption from the date of commencement of the
work until the date of final payment and termination of any coverage required to be
maintained after final payment.
4.5 The Contractor shall at all times during the construction, possess: 1)
workers' compensation insurance in the amount of the Florida Statutory Limit; 2)
automobile liability insurance of at least $1,000,000; and 3) gener al liability insurance in
the amount of at least $1,000,000. All insurance shall be maintained throughout the
course of construction until the date of final payment and termination of any coverage
required to be maintained after final payment. City shall be listed as an additional insured
on the automobile, general liability, and builder's risk policies.
4.6 The Contractor shall comply fully with the bonding requirements of Section
255.05, Florida Statutes, as part of the price set forth in the Propo slal for this project.
4.7 ContractorNendor shall defend, indemnify and hold, harmless the City of
Zephyrhills and all of the City of Zephyrhills's officers, agents, and employees from and
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against all claims, liability, loss and expense, including reasonable costs, collection
expenses, attorneys' fees, and court costs which may arise because of the negligence
(whether active or passive), misconduct, or other fault, in whole or in part (whether joint,
concurrent, o'r contributing), of ContractorNendor, its officers, agents or employees in
performance or non-performance of its obligations under the Agreement.
ContractorNendor recognizes the broad nature of this indemnification and hold harmless
clause, as well as the provision of a legal defense to the City of Zephyrhills when
necessary, and voluntarily makes this covenant and expressly acknowledges the receipt
of such good and valuable consideration provided by the City of 2eDhvrhills in support of
these indemnification, legal defense and hold harmless contractual obligations
in accordance with the laws of the State of Florida. This clause shall survive the
termination of this Agreement. Compliance with any insurance;requirements required
elsewhere within this Agreement shall not relieve ContractorN41ndor of its liability and
obligation to defend, hold harmless and indemnify the City of Zephyrhills as set forth in
this article of the Agreement. Nothing herein shall be construed to extend the City of
Zephyrhills's liability beyond that provided in section 768.28, Florida Statutes.
4.8 BUILDERS' RISK If this Contract includes: (1) construction of a new
above-ground structure or structures, or(2)any addition(s), improvement(s), alteration(s),
or repair(s), to an existing above-ground structure or structures, or (3) the installation of
machinery or equipment into an existing structure or structures, the Contractor shall
provide, in a policy acceptable to the City, "all risk" (i.e. Special Form) property insurance
on any such construction, additions, machinery or equipment. The amount of the
insurance shall be no less than the estimated replacement value at the time of the City's
final acceptance of such new structures, addition(s), improvement(s), alteration(s),
repair(s), machinery or equipment. The coverage shall not be subject to any restriction
with respect to occupancy or use by the City and, subject to thirty (30) days' prior written
notice to the City shall remain in full effect until final acceptance by the City. In addition,
the City, the Professional, and the Contractor's subcontractors, of any tier, shall be
additional insureds on this policy. The insurance shall include a;deductible no greater
than one percent(1%)of the Contract amount, or$25,000,whichever is smaller,for which
the Contractor shall be responsible. The risk of loss whether insured or not shall remain
with the Contractor until final acceptance. Upon request, Contractor shall furnish to the
City complete copies of the insurance policy.
ARTICLE V. CHANGES IN THE WORK
5.1 Changes in the work may be accomplished after execution of this
Agreement, without invalidating this Agreement, by written change�order, signed by each
party, subject to the limitations stated in the Contract Documents.
5.2 For the purposes of this Agreement, a change order is defined as a written
instrument prepared by the Contractor and signed by both parties stating their agreement
upon all of the following: (1) a change in the work; (2) the amount of the adjustment, if
any, in the contract sum; and (3)the extent of the adjustment, if any, in the contract time.
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5.3 Change orders shall be based upon the mutual agreement between the City
I
and the Contractor and shall be performed under applicable provisions of the Contract
Documents. The Contractor shall proceed promptly, unless otherwise provided in the
change order.
5.4 The Contractor shall be responsible for the cost ofl any change order, the
necessity for which was caused or created by the actions or inactions of Contractor, its
employees or assigns, not contemplated under this agreement.
ARTICLE V1. CORRECTION OF WORK
6.1 The Contractor shall promptly correct work rejected by the City or known by
the Contractor to be defective or failing to conform to the requirements of the Contract
Documents, whether observed before or after substantial completion, and whether or not
fabricated, installed or completed. The Contractor shall bear costs of correcting such
rejected work, including additional testing and inspections.
6.2 If, within one (1) year after the date of substantial completion of the work or
after the dated for commencement of warranties established in a written agreement
between the parties, or by terms of an applicable special warranty required by the
Contract Document, any of the work is found to be not in I accordance with the
requirements of the Contract Documents, the Contractor shall correct it promptly after
receipt of a written notice from the City to do so, unless the City has previously given the
Contractor a written acceptance of such condition.
6.3 Nothing contained herein shall be construed to establish a period of
limitation with respect to other obligations which the Contractor 'might have under the
Contract Documents. Establishment of the time period of one (1) year, as described
above, relates only to the specific obligation of the Contractor to],correct the work, and
has no relationship to the time within which the obligation to comply with the Contract
Documents may be sought to be enforced, nor to the time within which proceedings may
be commenced to establish the Contractor's liability with respect to his obligations other
than specifically to correct the work.
ARTICLE V11. CLAIMS AND DISPUTES
7.1 With regard to any material disputes between the City and Contractor
(including change orders) regarding the construction of U.S. Highway 301 frontage road,
City and Contractor agree to cooperate in good faith to resolve all! disputes promptly. If
City and Contractor are unable to resolve a dispute within 14 days of written notice from
one party to the other that a dispute exists, City and Contractor agree to mediate the
dispute with a mutually agreed upon mediator chosen from a list,of certified mediators
maintained by the court having jurisdiction over the dispute. City and Contractor shall
share the costs of the mediator. In the event of a claim, dispute or other issue not resolved
through mediation, City or Contractor may institute litigation to resolve the matter, in which
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case, the parties to this agreement agree that venue and jurisdiction shall be vested solely
in a court of competent jurisdiction sifting in Pasco County, Florida, and the party
prevailing or substantially prevailing in such litigation shall reimburse the other party for
its attorney's fees (including in-house attorney's fees at a reasonable rate commensurate
with industry standards for the private sector)incurred in connection with such litigation.
7.2 A claim is a demand or assertion by one of the parties seeking, as a matter
of right, adjustment or interpretation of the terms of the Contract Documents, payment of
money, extension of time or other relief with respect to the terms of the Contract
Documents. The term "claim" also includes all other disputes and matters in question
between any of the parties arising out of or relating to the Contract Documents. Claims
must be made by written notice. The responsibility to substantiate a claim shall rest with
the party making the claim.
7.3 The Contractor shall carry on the work and maintain the substantial
completion date during any dispute proceedings and the City shall continue to make
payments, excluding final payment, in accordance with the Contract Documents.
7.4 If the Contractor wishes to make a claim, he shall give the City written notice
thereof within seven (7) calendar days after the Contractor ha's knowledge of the event
giving rise to such claim. The Contractor understands and agrees that the failure to
present any claim arising under this Agreement within the time period specified above
shall constitute final waiver and abandonment of the Contractor's right to pursue such
claim by either legal or equitable proceedings.
7.5 All claims shall: (1) be set forth in a petition addressed to the City; (2) shall
include a concise statement of the ultimate facts, including a statement of all disputed
issues of material fact, upon which the claim is based; (3) shall include a concise
statement of the provisions of the Agreement, together with any federal, state and local
laws, ordinances or code requirements or customary practices and usages in the trade or
profession asserted to be applicable to the issues presented by the claim; and (4) shall
provide a specific demand for any relief to which the Contractor claims to be entitled.
7.6 The City shall, after receipt of all requested and/or pertinent information and
documents from the Contractor, render a written decision regarding the claim within
fourteen (14) days after the submittal of the Contractor.
7.7 The making of final payment shall not constitute a waiver of any claims by
the City. Acceptance of final payment by the contractor shall constitute a waiver of all
claims by the Contractor except those: (1) previously and timely made in writing, (2)
identified in writing by the Contractor at the time of final application for payment; and (3)
otherwise made in full compliance with the terms and conditions of the Contract
Documents.
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7.8 This Agreement and the provisions contained herein shall be construed,
controlled and interpreted according to the laws of the State of Florida, and all duly
adopted ordinances, regulations and policies of the City now in effect and those
hereinafter adopted. The location for settlement of any and all claims, controversies or
disputes arising out of or relating to any part of this Agreement or any breach thereof shall
be Pasco County, Florida.
ARTICLE Vill. TERMINATION
8.1 If the project is abandoned for more than ten (10) days by the Contractor
without prior written change order or notice to the City, this Agreement may be terminate
by the City upon ten (10)days written notice to the Contractor. If sul,ch termination occurs,
the City shall pay the Contractor for the work completed.
8.2 If the Contractor defaults or persistently fails or neglects to carry out the
work in accordance with the Contract Documents or fails to perform the provisions of this
Agreement, the City may give written notice that the City intends to terminate this
Agreement. If the Contractor fails to correct the default,failure or neglect within fourteen
(14) calendar days after receipt of notice, the City may, without prejudice to any other
remedy, terminate the employment of the Contractor and finish the work by whatever
method the City may deem expedient.
8.3 If the unpaid balance of the contract sum exceeds the expense of finishing
the work and any and all damages or related costs incurred by the City, such excess shall
be paid to the Contractor based upon work completed sufficiently to the date of the
termination. If the expense of completing the work and all damages incurred by the City
exceeds the unpaid balance, then the Contractor shall pay the difference to the City. This
obligation for payment shall survive termination of this Agreement.,
ARTICLE IX. MISCELLANEOUS
9.1 If the Contractor is not satisfied with the written decision of the City on any
timely-made claim, he may, within sixty (60) days after receipt of',such written decision,
file an appropriate civil action against the City in a court of competent jurisdiction for a
judicial determination of such claim. Any litigation between the parties, whether arising
out of any claim or arising out of the Contract Documents or any breach thereof, shall be
brought, maintained and pursued only in the appropriate state courts of the State of
Florida. Venue of any such litigation between the parties shall lie only in the Circuit Court
of Pasco County, Florida. Failure to timely file such civil action within said sixty(60) day
period shall conclusively constitute a waiver of such claim and of any judicial proceedings
on such claim, and the written decision of the City shall then be binding on the Contractor.
The Contractor shall proceed with the work at all times during the pendency of any such
civil action. The prevailing party in any litigation will pay all costs and attorney's fees.
9.2 The parties bind themselves, their partners, successors, assigns and legal
representatives with respect to the terms of this Agreement. Neither party shall assign
this Agreement without the prior written consent of the other.
9.3 This Agreement represents the entire agreement between the parties and
supersedes prior negotiations, representations or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by both parties.
9.4 If any term or provision of this Agreement is deemed unenforceable by a
court of competent jurisdiction, the remaining terms and provisions shall remain in full
force and effect.
9.5 The Contractor, its agents, and subcontractors, sh6'11 perform all activities
that are outlined in this Agreement as independent entities and not as agents, employees
or representatives of the City, its employees or representatives.
9.6 Any notice required or allowed to be delivered hereunder shall be in writing
and be deemed to be delivered upon receipt before 5:00 p.m. on a business day by hand
delivery, facsimile, overnight courier or U.S. Mail, postage prepaid, certified mail, return
receipt requested and addressed to a party at the address set forth opposite the party's
name below, or at such other address the party may have specified by Written notice to
the other party delivered in accordance herewith:
As to the City:
City Manager
5335 8 th St.
Zephyrhills, Florida 33542
with a copy to:
City Attorney
5335 8th St.
Zephyrhills, Florida 33542
As to Contractor:
Keeler Fence
30630 Darby Rd
Dade City, FL 33525
9.7 IF THE CONTRACTOR HAS QUESTIONS t' REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
-9-
THE CUSTODIAN OF PUBLIC RECORDS AT 813-780-01000, EXT. 3543 OR
CITYCLERKa@CI.ZEPHYRHILLS.FL.US OR CITY CLERK, CITY OF ZEPHYRHILLS,
5335 EIGHTH STREET, ZEPHYRHILLS, FLORIDA 33542.
i,
-jN WITNESS WHEREOF, the parties have executed this Agreement effective as
: °;ia�6� '0 0' 4 •`day of January, 2020.
,
9ts`r r♦ P'1•`
` A17EST. ��`S' = CITY OF ZEPHY RHILI FLORIDA
S4.'Z'L1
y:
O -
0k an, City Clerk nneth M. Burgess,' r., C uncil President
.y KEELER FENCE
By B '
Wi s
Printed Name: C V%S ��,�,eac✓
By, Title:
Witness
Approved as to Legal Form and Content
Matthew E. Maggard,thy Attorney
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