HomeMy WebLinkAbout06-5326
CITY OF ZEPHYRHILLS
5335 - 8TH STREET
(813)780-0020
BUILDING PERMIT
5326
Permit Number:
Permit Type:
Class of Work:
Proposed Use:
Square Feet:
Est. Value:
Improv. Cost:
Date Issued:
Total Fees:
Amount Paid:
Date Paid:
Work Desc: NEW RESTROOMS
5326
COMMERCIAL
ADD/AL T COMMERCIAL
COMMERCIAL
Address: 8TH T & 5TH A V
ZEPHYRHILLS, FL.
Township: Range: Book:
Lot(s): Block: Section:
Subdivision: CITY OF ZEPHYRHILLS
Parcel Number:
131,000.00
1/19/2006
Name: CITY OF ZEPHYRHILLS
Address: 8TH ST & 5TH AV
ZEPHYRHILLS, FL. 33542
Phone:
A QUALITY ELECTRIC CO TAMPA INC
WILLIAMS DENNIS (INDIVIDUAL)
DUCTS INSTALLED PRE-SLAB CONSTRUCTION POLE 2ND ROUGH PLUMB
DUCTS INSULATED LINTEL PRE-METER WATER
SHEATHING FRAME MISC SEWER
MISC INSULATION WALL MISC MISC,
MISC, INSULATION CEILING MISC. MISC,
MISC, DRIVEWAY MISC. MISC,
REINSPECTION FEES: Reinspection fees will comply with Florida Statute 553.80 (2)(c) when extra inspection
trips are necessary due to anyone of the following reasons: a) wrong address b) condemned work resulting
from faulty construction c) repairs or corrections not made when inspections called d) work not ready for
inspection when called e) permit not posted on job site f) plans not at job site g) work not accessible.
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 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."
NO OCCUPANCY BEFORE C.O.
~~ ~~
CONTRACTOR SIGNATURE PERMIT OFFI
CALL FOR INSPECTION - 8 HOUR NOTICE REQUIRED
PROTECT CARD FROM WEATHER
CI~Y OF ZEPHYRHILLS PERM~T A~~L~~ATiU~
BU~LDING DEPARTMENT 5335 8~H st, Zephyrhills, FL 33542
813-780-0020 FAX: 813-780-0021
DATE RECEIVED
/_ y-o~
PHONE CONTAC~ FOR PBRHI"';IN~- :,$0 - ~ 6 <t
-~~
OWNER'S NAME (:- I TY 6 -p- 2. t::pH yflJ-ldl~
JOB ADDRESS 'erJ-1 571'-e..~r 1-- ~7f' j-v--R..
PHONE
LEGAL DESCRIPTION: LOT(S)
BLOCK
SUBDIVISION
PARCEL 10 #
WORK PROPSED: ~NEW CONSTRUCTION
Os I GN
PROPOSED USE: OSGL FAMILY DWELLING
SCOMMERCIAL
(OBTAIN FROM PROPERTY,TAX NOTICEl
o ADDITION
o ALTERATION
o DEMOLISH
o REPAIR
o INSTALL
o MOVE
OMULTI-FAMILY
o INDUSTRIAL
OJ OF UNITS
o SWIMMING POOL
o MOBILE Hm
o OTHER
c:J RESTAURANT & HEALTH DEPARTMENT APrROVAL
DESCRIPTION OF WORK j..) C=-W ~t::::5J'J1.(P"'I-ts..
-3 ,;~J"D
BUILDING SIZE $ ~8 C.s ?r SQUARE FOOTAGE '700 S'7/'-
,
HEIGHT 17 /- U
rn- BUILDING
RESIDENTIAL: ATTACH (2) PLOT PLANS & (2) SETS OF BUILDING PLANS & (1) SET ENERGY FORMS.
COMMERCIAL: ATTACH ( 3) SETS OF BUILDING PLANS & (1) SET ENERGYF.:-OfMS., -I- .t
I F SIGN PERM~T ONLY (2) SETS OF ENGINEERED PLANS REQUIRED. ' //..t ,-1. U ~ / 6 ~ c [~
PROPERTY SURVEY REQUIRED FOR ALL NEW CONSTRUCTION.,~~;t,. ,-),~~
? ,4 c -r/~j .'2';";1/ ,~~ -C ;;- ~
PERMITS REQUESTED / "~~ ~ '?~ ~ i~
$ /: 1/." oC:>CJ. olD VALUATION OF TOTAL CONSTRUCTION /?~ j='"/Jl.{ 7'tt
AMP SERVICE 0 Progress Energy 0 W.R.E.C.
~ ,~ no f\bC- ~a p? EX \1
~~.. ccrnt-..-~.~r-1'1t:-
VALUATION OF MECHANCIAL INSTALLATION Su..~::>5'5n Z
..2~~/seoJ:~
6<o~Z- SU:o ~~..,-
ill ELECTRICAL
ar'PLUMBING
o MECHANICAL
$
o GAS
u;rROOFING
o SPECIALTY
o OTHER
TYPE OF CONSTRUCTION: 0 BLOCK
o FRAME
o STEEL
o OTHER
FINISHED FLOOR ELEVATIONS
IS PROJECT IN FLOOD ZONE AREAO YES 0 NO
BUILDER ~. it//') COMPANY !:.-Ycf', ~ "'~4'~ /L~ LV-<.$r'lP~
SIGNA;URE~ ~~. ~TATE CERT OR REGIST # e...&-G00/5'79
*..* *..*..* *.. * * * * * *..* * *.. *..* *.. * * * *... * .._~......... *.. * *.... * * * * . ~Jil
ELECTRICIAN &ieL COMPANY vA, QV,1i It-I.) t;:/t..-C-Tlt... ~
SIGNATURE ~~/
STATE CERT OR REGIST #
******************************************************************
SIGNATURE
<0.. - fl.u ~ {1~
t~ "..Ii,;V .
COMPANY l/"'i...J I / / /I~.-!> it? I '-"Ki3(>>(
STATE CERT OR REGIST t J C; 2- 0
(i)
PLUMBER
******************************************************************
MECHANICAL
COMPANY
SIGNATURE
STATE CERT OR REGIST t
***********************************.********~****~***************
OTHER
COMPANY
SIGNATURE
STATE CERT OR REGIST t
A. NOTI~E OF DEED RESTRICTIONS
The undersigned understands that this p~rmit may be subject to "de~d restrictions" ~~ich
may be more restrictive than City regulations. The undersigned assumes responsibility for
compliance with any appiicable deed restrictions.
B. UNLICENSED CONTRACTORS AND CONTRACTOR RESPONSiBILITIES
If the owner has hired a contractor or contr~~tors to undertake work; 'they may be required
to be licensed in accordance with state and iocal 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
City of Zephyrhills Building Department, 813-780-0020.
Furthermore, if the owner has hired a contractor or contractors, he is advised to have the
contractor(s) sign po~tions of the "Gohtractor sections" of this application for which they
will be responsible. It ydu,as the owner signs as the contractor, ydu are indicating that
you~ rather than the contractor, are responsible for the work. If the contractor wishes
you to sign as contractor that may be an indica~ion that he is not properly licensed and is
not entitled to permitting privileges in the City of Zephyrhills.
C.' TRANSPORTATION IMPACT FEES AND UTILITY CONNECTI,ON FEES
D. CONSTRUCTUION LIEN LAW (CHAPTER 713, FLORIDA STATUTES, AS AMENDED)
I certify that I, the applicant, hay~ been provided with ~ copy 'of "Florida's Construction
lien Law _ Homeowner's ,Protection Guide" prepared by the Florida Department of Agriculture
and Consumer Affairs. If the applicant is someone other that the "owner", I cerify that I
have obtained a copy of the above described document and promise in good faith to deliver
it to the "owner" prior to conunencement.
E. CONTRACTOR'S/OWNER'S AFFIDAVIT
I certify that all the information in this application is accurate and that all work will
be done in compli~nce with all applicable laws regulating construction, zoning, and land
development. '
Appllqation is hereby made to obtain a permit to do work and instaliation as indicated. I
certify that no work or installation has conunenced prior to issuance of a permit and that
all work wiil be performed to meet standards of all laws regulating construction, City
codes, zoning regulations, and land dev~lopmerit regulations in the jurisdiction. I also
certify that Iunderstarrd that the regulations of other governmental 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 inolude but are not limited to: *Department of
Environmental Regulation-Cypr~ss Bayheads, wetiand 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 & Reh~bilitative Services, Environmental Health Unit-Wells,
Wastewater Treatment, Septic Tanks
*U.S. Environmental Protection Agency-Asbestos abatement
I also certify that, if fill material is to be used in Flood Zone "A" or "A, etc.", it is
understood that a drainage plan addressing a "compensating volume" will be submitted which
is prepared by a professional engineer registered in the State of Florida prior to permit
issuance.
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 code. Every permit
issued shall become invalid unless the work authorized by such permit is conunenced within
six months of issuance, or if work authorized by the permit is suspended or abandoned for la
period of six months after the time,the work is conunenced. One 90 day extension of time
may be allowed for the permit with fee charge of $15.00. The extension shall be requested
in writing to'the Building Official. An approved inspection must be logged during each six
month period, or the project will be considered abandoned., '
WARNING TO OWNER: YOUR FAILURE TO RECORD A ~OTICE OF COMMENCEMENT MAY RESULT IN YOUR
PAYING TWICE FOR IMPROVEMENTS 'TO YOUR PROPERTY. IE" YOU INTEND TO, OBTAIN FINANCING, CONSULT
WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. JOBS UNDER
$2,500 IN VALUE DO NOT NEED TO RECORD AND POST A "NOTICE OF COMMENCEMENT".
. ~~ 77"'1 ~""L-
SIGNATURE: CONTRACTOR
SIGNATURE:
OWNER OR AGENT
acknowledged
, 2 U:.-
STATE OF FLORIDA ~
COUNTY OF
The foregoing instrum. ent was,ac.k~oWledged~
! h ,1---t,7 A .' 0 ,j,
Before me this ~day of.......' ..1 , 2 /
by
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was
Before me this _ day of
by
(name' of person acknowledged)
Owho is personally known to me, 'or
o who has produced
(type of identification)
and whoO did Odid not take an oath.
(name of person acknowledged)
[1ho is personally known to me, or
~hO has producedf.L;]), J... {J (, .:J~ . ~'2. ~ i ,-
/ '.._..,....""-:-_ (type o~ ident1ficat1on) ~
and"who Od~ ~id :,not t an oat/~ ~-;o
'. ~ //
Signature of person taking acknowledgement
Signature of person taking
Name typed, printed or stamped
Name
CI~Y OF ZEPHYRHILLS PERM~T A~~~~~flx~un
BUI'LDING DEPARTMENT 5335 8TH st, Zephyrhills, FL 33542
I 813-780-0020 FAX: 813-780-0021
DATE RECEIVED
/--/9(---th
PHONE CONTACT FOR PERMITTING
,') "-T ' .
OWNER'S NAMECf~/ ( .~ ~fr$.I~jf<
,1 ,/) . cy/
JOB ADDRESS . 0. Ie C,t~_ cy 51 - ~
PHONE
LEGAL DESCRIPTION: LOT(S)
BLOCK
SUBDIVISION
PARCEL ID #
WORK PROPSED: ~NEW CONSTRUCTION
o SIGN
PROPOSED USE: OSGL FAMILY DWELLING
o COMMERCIAL
IOBTAIN FROM PROPERTY,TAX NOTICE\
o ADDITION
o ALTERATION
o REPAIR
o INSTALL
o MOVE
o DEMOLISH
OMULTI -FAMILY
o INDUSTRIAL
Ot OF UNITS
o SWIMMING POOL
o MOBILE HOt-:
o OTHER
BUILDING SIZE
~ RESTADRANT~TH DEPARTMENT APpROVAL~
() /D,.J; f/L - c~~u~
SQUARE FOOTAGE . HEIGHT
0d,
DESCRIPTION OF WORK
RESIDENTIAL: ATTACH (2) PLOT PLANS & (2) SETS OF BUILDING PLANS & (1) SET ENERGY FORMS.
COMMERCIAL: ATTACH (3) SETS OF BUILDING PLANS & (1) SET ENERGY FORMS.
IF SIGN PERM~T ONLY (2) SETS OF ENGINEERED PLANS REQUIRED.
PROPERTY SURVEY REQUIRED FOR ALL .NEW CONSTRUCTION.
PERMITS REQUESTED
o BUILDING
$
VALUATION OF TOTAL CONSTRUCTION
o ELECTRICAL
o PLUMBING
o MECHANICAL
AMP SERVICE
o Progress Energy 0
W.R.E.C.
o GAS
o ROOFING
o SPECIALTY
VALUATION OF MECHANCIAL INSTALLATION
o OTHER
$
TYPE OF CONSTRUCTION: 0 BLOCK
o FRAME
o STEEL
o OTHER
FINISHED FLOOR ELEVATIONS
IS PROJECT IN FLOOD ZONE AREAD YES 0 NO
L,~~ ~~~ ;' :-~~-~~-~-~~~~~-~--=-~~-~-~-~-~~~~-=-~='~~=~ -~=~- ~ -~ .-- -~_~_~_I~~~~_~~~-~~~ ~- -,-.~, ~-~
BUILDER
COMPANY
SIGNATURE
STATE CERT OR REGIST #
************************************************~*****************
ELlGcTRICIJ\N/-~ ~ ~ COMPANY vA Ot//lLirj tlF-t'o.bra4friJ;P~
SIGNATDR~./ ~ - ~REGIST' /3D6Zc",/.!'5
******************************************************************
PLUMBER
COMPANY
SIGNATURE
STATE CERT OR REGIST #
******************************************************************
MECHANICAL
COMPANY
SIGNATURE
STATE CERT OR REGIST #
***********************************~********~****~***************
OTHER
COMPANY
SIGNATURE
STATE CERT OR REGIST f
A. NOTI~E OF DEED RESTRICTIONS
The undersigned understands that this p~rmit may be subject to ~de~d restrictions" which'
may be more restrictive than City regulatiohs. The undersigned assumes responsibility for
compliance with any appiicable deed restrictions.
B. UNLICENSED CONTRACTORS AND CONTRACTOR RESPONSiBILITIES
If the owner, has hired a contractor or cC)ntr<:\ptors 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 maybe 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
City of Zephyrhills Building Department, 813-780-0020.
Furthermore, if the owner has hired a contractor or contractors, he is advised to have the
contractor(s) sign po~tions of the ~C;ohtractor Sections" of this application for which they
,will be responsible. If you,'.as the owner signs as the contractor,ydu are indicating that
you, rather than the contractor, are responsible for the work. ,If the contractor wishes
you to sign as contract?r that may be an indica~ion that he is not properly licensed and is
not entitled to permitting privileges in the City of Zephyrhills.
C.' TRANSPORTATION IMPACT FEES AND UTILITY CONNECTI,ON FEES
D. CONSTRUCTUION LIEN LAW (CHAPTER 713, FLORIDA STATUTES, AS AMENDED)
I certify that I, the applicant, hay~ been provided with a copy 'of ~Florida's Construction
lien Law _ Homeowner's ,Protection Guide" prepared by the Florida Department of Agriculture
and Consumer Affairs. If the applicant is someone other that the ~owner", I cerify 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. '
E. CONTRACTOR'S/OWNER'S AFFIDAVIT
I ce~tify that all the information in this application is accurate and that all work will
be done in compliance with all applicable laws regulating construction, zoning, and land
development.
Appliqation is hereby made to obtain a permit to do work and instaliation as indicated. I
certify that no work or installation has commenced prior to issuahce of a permit and that
all work wiil be performed to meet sta~dards of all laws regulating construction, City
codes, zoning regulations, and land development regulations in the Jurisdiction. I also
certify that I ,understand that the regulations of other governmental 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 inolude but are not limited to: *Department of
Environmental Regulation-Cypress Bayheads, Wetiand 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, Environmental Health Unit-Wells,
Wastewater Treatment, Septic Tanks '
*U.8. Environmental Protection Agency-Asbestos abatement
I also certity that, if fill material is to be used in Flood Zone ~A" or ~A,etc.", it is
understood that a drainage plan addressing a ~compensa,ting volume" will be submitted which
is prepared by a proLessional engineer registered in the State of Florida prior to permit
issuance.
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 codest
nor shall issuarice of a permit prevent the Building Official from thereafter requiring a
correction of errors in plans, construction, or violations of any code. Every permit
issued shall become invalid unless the work authorized by such permit is commenced within
six months of issuance, or if work authorized by the permit is suspended or abandoned for 'a
period of six months after the time,the work is commenced. One 90 day extension of time
may be allowed for the permit with fee charge of $15.00. The extension shall be requested
in writing to'the Building Official. An approved inspection must be logged during each six
month period, or the project will be considered abandoned., ,
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. JogS UNDER
$2,500 IN VALUE DO NOT NEED TO RECbRDAND POST A "NOTICE OF COMMENCEMENT".
SIGNATURE: CONTRACTOR
SIGNATURE: OWNER OR AGENT
acknowledged
, 2~
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was
Before me this _____day of
by
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was
Before me this _____ day of
by
acknowledged
t 20_
(name' of person acknowledged)
Owho is personally known to me, 'or
(name of person acknowledged)
C1ho is personally known to me, or
o who has produced
(type
and wlioO did 0 did not
of identification)
take an oath.
o who has produced
(type of identification)
and. who [jdid []did not take an oath
Signature of person taking acknowledgment
Signature of person taking acknowledgement
Name typed, printed or stamped
Name typed, printed or stamped
AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY OF
ZEPHYRHILLS, a municipal corporation of the State of Florida and hereafter referred
to as "CnY", and GROSZ a. STAMPER CONSTRUCTION, INC. , a Florida
corporation, 904 Rambla Street, Tampa, Rorida 33612, hereinafter referred to as
"CONTRACTOR", and
WHEREAS, the City invited Contractor to bid for the construction of a PUBUC
RESTROOM pursuant to the terms of Bid No.l1-05-10, 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 I: THE PROJECT SCOPE
The scope of the project involved in this contract is to: FURNISH AND CONSTRUCT
A PUBUC RESTROOM as per the plans and specifications of Invitation to Bid, Bid
File: #11-05-10. The furnishing of all materials, labor and performance for all of the
work shall be constructed in accordance with the previously 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 File No. 11-05-10
6. Contractor's Bid
1
ARTICLE II: SCOPE AND SERVICES
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 I, at the contract
amount of $131,459.00, 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 SIXTY(60) 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.
ARTICLE III: COMPENSATION
1. The sums due to the Contractor according to Article II, 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 othelWise
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
2
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.
2. 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. 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.
4. 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.
5. The Contractor warrants that title to all construction covered by an
application for payment will p~ss 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
6. 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.
7. Acceptance of final payment shall constitute a waiver of all past, present,
or future claims by the Contractor.
ARTICLE N: INSURANCE AND INDEMNITY
1. The Contractor shall be responsible for initiating, maintaining and
providing supervision of all safety precautions and programs in connection with the
performance of this Agreement.
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, pavement,
roadways, structures and utilities not designated for removal, relocation or replacement
in the course of construction.
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. The Contractor shall purchase from and maintain, from a company or
companies of recognized responsibility, which are licensed to do 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 of same shall
be provided in writing and must be acceptable to the City's Risk Manager. The
4
Contractor shall ensure that the City is named as an additional insured on all the
policies set forth in the Contract Documents other than Worker's 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.
5. The Contractor shall comply fully with the bonding requirements of
Section 255.05, Rorida Statutes, as part of the price set forth in the Proposal for this
project.
6. The Contractor agrees to hold harmless and indemnify the City from and
against any and all claims, demands, damages, actions or causes of actions, including,
but not limited to costs, expenses, legal fees and liabilities incurred in and for the
investigation and defense thereof, for personal injuries including death or property
damage suffered by any person, firm or corporation whatsoever arising from or in any
way connected with the negligent performance of the Contractor, its agents, servants
or employees under this Agreement.
ARTICLE V. CHANGES IN THE WORK
1. Changes in the work may be accomplished after execution of this
Agreement, without invalidating this Agreement, by written change order, subject to the
limitations stated in the Contract Documents.
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.
5
3. Change orders shall be based upon the mutual agreement between the
City 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.
ARTICLE VI. CORRECTION OF WORK
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 obselVed 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.
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 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.
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.
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ARTICLE VII. ClAIMS AND DISPUTES
1. 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.
2. 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.
3. If the Contractor wishes to make a claim, he shall give the City written
notice thereof within seven (7) calendar days after the Contractor has 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.
4. All claims shall: (1) be set forth in a petition addressed to the Oty; (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.
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5. 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.
6. 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.
ARTICLE VIII. TERMINATION
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 such
termination occurs, the City shall pay the Contractor for the work completed.
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 with in
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.
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
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incurred by the City exceeds the unpaid balance, then the Contractor shall pay the
difference to the City. This obligation for payment shall survive tennination of this
Agreement.
ARTICLE IX. MISCELLANEOUS
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 detennination 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.
2. The parties bind themselves, their partners, successors, assigns and legal
representatives with respect to the tenns of this Agreement. Neither party shall assign
this Agreement without the prior written consent of the other.
3. This Agreement represents the entire agreement between the parties andtsupersedes prior negotiations, representations or agreements, either written or oral.
This Agreement may be amended only by written instrument signed by both parties.
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IN WITNESS WHEREOF, the parties have executed this Agreement effective as of
the /4t!aayof '-/7 tru-e4"Ll0U' . 2005.
ATTEST:
~
By: . '/r '1.~AJ
Linda . Boan: City Clerk
CITY OF ZEPHYRHILLS, FLORIDA
By: (k.l. C~
Cathi L. Compton, Council President
Grosz & Stamper Construction, Inc.
~~
By:
By:~k
I ness
By:
Witness
App~-Ar nd CoffiEm
Karla S. Owens, City Attorney .
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