Draft_Contract.pdf
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- Attached to
- Pettis Park Pavilion State and local contract opportunity
- Solicitation number
- 19-25-CIP
- Issued by
- Volusia County, Florida
About this file
This is a Construction Contract between the City of New Smyrna Beach, located in Volusia County, Florida, and an unnamed contractor for the Pettis Park Pavilion project (ITB 19-25-CIP). The contract stipulates that the contractor will perform all required work, providing labor, materials, tools, equipment, and services to complete the construction within 120 consecutive calendar days after receiving the Notice to Proceed. The project timeline includes 10 calendar days to commence work, 120 days to achieve Substantial Completion, and an additional 30 consecutive calendar days to achieve Final Completion.
The contract does not specify the exact contract price, which is left blank for later completion. Payment will be made in accordance with the awarded bid proposal, with provisions for change orders that must be approved in writing by the owner. The contract includes liquidated damages of $150 per consecutive calendar day if the work is not completed within the specified timeframe. The contractor is required to provide a Certificate of Insurance and Performance/Payment Bond within 14 days of bid acceptance by the City Commission, and will ultimately provide a Warranty of Title upon project completion.
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Text version
Contractor’s Initials: _______
Page | 1 of 4 Construction Contract, Rev. 09/24
CONSTRUCTION CONTRACT
CITY OF NEW SMYRNA BEACH
VOLUSIA COUNTY, FLORIDA
This Agreement, dated this day of _ _ _ _ _ _ , 2025, by and between the CITY OF
NEW SMYRNA BEACH, hereinafter called the OWNER, and
____ __ In c . (a corporation organized and existing under the laws of the
State of Florida and hereinafter called the CONTRACTOR, is awarded as a result of solicitation
ITB 19-25-CIP, Pettis Park Pavilion.
WITNESSETH: The Owner and the Contractor, for the consideration stated herein, agree as follows:
ARTICLE I: Scope of Work
The Contractor shall perform all required work and shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to complete the construction of and all appurtenant work thereto, described in the following document, hereby fully incorporated into this Contract:
ITB 19-25-CIP, Pettis Park Pavilion
City of New Smyrna Beach, Florida
All work shall be in strict compliance with the drawings and specifications, including any and all
Addenda, and together with all Contract Documents hereinafter enumerated and made a part thereof.
It is understood and agreed that said labor, materials, tools, equipment, and service shall be furnished and said work performed and completed subject to the approval of the Owner.
ARTICLE II: Contract Price
The Owner shall pay the Contractor for performance of the work in accordance with the Contract
Documents in current funds as follows:
Spelled out: _ ___________
Payment will be made in accordance to the awarded bid proposal and the above negotiated agreed upon
Contract Price. Change orders, including additions and deductions, must be approved in writing by the Owner. Any change, where the Contractor has materially deviated from the proposed design shall be borne by the Contractor unless such deviation is agreed to in writing by Owner.
ARTICLE III: Contract Time
The Contractor agrees to commence work within Ten (10) CALENDAR DAYS after the date of the Notice to Proceed letter and shall achieve Substantial Completion within One Hundred Twenty
Page | 2 of 4 Construction Contract, Rev. 09/24
(120) consecutive calendar days thereafter. The Contractor shall have an additional thirty (30) consecutive calendar days from the date of Substantial Completion to achieve Final Completion.
ARTICLE IV: Inspection by Contractor
The undersigned Contractor agrees that he has carefully inspected all Contract Documents and is familiar with same; the Contractor agrees that he is responsible for having heretofore examined the site, the location and route of all the proposed work and for having satisfied himself as to the character of the route, the location, surface and under-ground obstructions and nature thereof, the nature of the groundwater conditions and other physical characteristics of the work and work area in order that he may include in the prices which he has bid and the prices of the Contract, all costs pertaining to the work and thereby provide for the satisfactory completion thereof and determination of the Contract prices herein agreed upon, and that this Contract price is based upon these inspections and examination.
ARTICLE V: Liquidated Damages
If the work is not completed within the time specified in Article III of this Contract, the Contractor shall pay the Owner, as liquidated damages, the sum of ONE HUNDRED FIFTY DOLLARS
($150) for each consecutive calendar day thereafter until the work is completed, and as outlined in the Supplemental General Conditions.
ARTICLE VI: Right to Require Performance
The failure of the City at any time to require performance by the Contractor of any provision hereof shall in no way affect the right of the City thereafter to enforce same or be considered a waiver of such provision, nor shall a waiver by the City of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself.
ARTICLE VII: Component Parts of the Contract
This Contract consists of the following Contract Documents, all of which are hereby made a part hereof as if herein set out in full and all of which are familiar to the Contractor:
• City Advertised Bid with addendums
• Drawings & Construction Specifications
• Awarded Bid Proposal with Bid Bond
The Contractor must provide the following documents within fourteen (14) days upon acceptance of the bid by City Commission. All of which are familiar to the Contractor and are component parts of the contract.
• Certificate of Insurance
• Performance/Payment Bond
Upon completion of the project, the Contractor shall provide the Owner with the Warranty of
Title.
ARTICLE VIII: Severability
Should any term, covenant, condition, provision or sentence or part thereof of this Contract, Page | 3 of 4 Construction Contract, Rev. 09/24 including all Contract Documents which comprise the entire agreement, be held invalid or unenforceable by any court of competent jurisdiction, the remaining terms and provisions shall nevertheless remain in full force and effect.
ARTICLE IX: Force Majeure
No Party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this
Agreement, except for any obligations to make payments to the other party hereunder, when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s control, including but not limited to, the following force majeure events:
a) Acts of God
b) A natural disaster (fires, explosions, earthquakes, hurricanes, flooding, storms, infestations, epidemic or pandemic)
c) War, invasion, hostilities (regardless if war is declared or not), terrorist threats or acts, riots or other civil unrest
d) Government order or law
e) Actions, embargoes or blockades in effect on or after the date of this Agreement
f) Action by any governmental authority
g) National or regional emergency
h) Strikes, labor stoppages or slowdowns or other industrial disturbance, and
i) Shortage of adequate power or transportation facilities
The Impacted Party shall give notice within two (2) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The impacted party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of sixty (60) days following Notice given by it, then either party may thereafter terminate this Agreement upon Notice
Notwithstanding the foregoing, any pandemic or epidemic, including but not limited to those related to COVID-19 and its mutations, and related issued executive orders and/or administrative orders by any federal, state, or local government entity related to any pandemic or epidemic, shall
NOT be considered a force majeure and is expressly excluded from that definition herein and said even shall not prevent CONTRACTOR from timely performing its functions under this Agreement
ARTICLE X: Human Trafficking
This Contract is subject to the terms, conditions, provisions and requirements of Section 787.06 of the Florida Statutes and Contractor hereby represents, warrants, and certifies that Contractor does not use coercion for labor or services as defined in Section 787.06, Florida Statutes and that Contractor has provided the Human Trafficking Affidavit.
ARTICLE XI: Construction
The headings and subheadings used throughout the Contract Documents are for convenience only and have no other significance in the interpretation of the body of the Contract Document.
Page | 4 of 4 Construction Contract, Rev. 09/24
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date written above for execution by the City of New Smyrna Beach.
Attest Vendor Name
Authorized Signature
Authorized Signature
Print Name and Title
Print Name and Title
Address
Address
City, State, Zip
City, State, Zip
Date
Date
ATTEST CITY OF NEW SMYRNA BEACH
Sharon Taylor-Harding, Interim City Clerk Fred E. Cleveland, Mayor
Date: ________________________________
For the use and reliance of the City of New Smyrna Beach only. Approved as to form and legal sufficiency.
Carrie Avallone, City Attorney
Date: _______________________________
Approved by the City Commission of the City of New Smyrna Beach at a meeting held on this
___ day of _____________, 2025 under Agenda Item No. .
File details come from the government source that posted it. Updated .