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HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-010Temp. Reso. # 12444 January 22, 2014 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- 2014 " 14) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE UTILIZATION OF THE EXISTING 2012 — 2013 ANNUAL CONCRETE AND PAVER BRICK CONTRACT NO. 223-11030 AWARDED TO STRAIGHTLINE ENGINEERING GROUP, LLC., BY THE CITY OF FORT LAUDERDALE TO CONSTRUCT THE NW 75TH STREET SIDEWALK IMPROVEMENTS PROJECT, FOR AN AMOUNT NOT TO EXCEED $229,861; WITH A CONTINGENCY. IN THE AMOUNT OF $10,000, FOR A TOTAL PROJECT BUDGET OF $239,861; AUTHORIZING AN EXPENDITURE FROM THE APPROPRIATE ACCOUNTS; AUTHORIZING BUDGET AMENDMENTS AS NEEDED FOR PROPER ACCOUNTING PURPOSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac desires to provide its residents with sidewalk improvements to enhance accessibility and pedestrian traffic along the north side of NW 75th Street between Pine Island Road and NW 80th Avenue; and WHEREAS, funds were appropriated in the Adopted Fiscal Year 2014 Budget for the construction of the NW 75th Street Sidewalk Improvements Project; and WHEREAS, City of Tamarac Code, §6-148 (f) allows the Purchasing Officer the authority to waive purchasing procedures to provide materials and services which are the subject of contracts with other governmental agencies; and WHEREAS, the City of Fort Lauderdale has competitively bid and awarded the 2012 — 2013 Annual Concrete and Paver Bricks Contract No. 223-11030 to Straightline Engineering Group, LLC., for a term through August 21, 2014, a copy of said contract is attached hereto as Exhibit "A" to Exhibit "1 "; and Temp. Reso. # 12444 January 22, 2014 Page 2of4 WHEREAS, it is the recommendation of the Director of Public Services and Purchasing and Contracts Manager to approve the NW 75t" Street Sidewalk Improvement Project, at a cost not to exceed $229,861, with a contingency in the amount of $101000 being added to the project account, for a total project budget of $239,861 per the vendor's quotation, a copy of which is attached hereto as Exhibit "B" to Exhibit "'I", utilizing the contract pricing provided on the City of Fort Lauderdale 2012 — 2013 Annual Concrete and Paver Brick Contract No. 223-11030; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac for the appropriate City Officials to award and execute an Agreement with Straightline Engineering Group, LLC., utilizing City of Fort Lauderdale 2012 — 2013 Annual Concrete and Paver Brick Contract No. 223-11030, for the construction of the NW 75tr' Street Sidewalk Improvements Project at a cost not to exceed $229,861, with a contingency in the amount of $10,000 being added to the project account, for a total project budget of $239,861, the Agreement included herein as Exhibit "1". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION L The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof and all exhibits referenced and attached hereto are incorporated herein and made a specific part of this resolution. Temp. Reso. # 12444 January 22, 2014 Page 3of4 SECTION 2: The appropriate City Officials are hereby authorized to award and execute an Agreement in the amount of $229,861 for construction services with Straightline Engineering Group, LLC., for the NW 75th Street Sidewalk Improvements Project, in accordance with quotation provided as Exhibit "B" to Exhibit "1 ", in accordance with the terms, conditions and pricing of the City of Fort Lauderdale 2012 — 2013 Annual Concrete and Paver Brick Contract No. 223-11030 a copy of which is attached hereto as Exhibit "A" to Exhibit "1", is hereby approved. SECTION I An expenditure in an amount not to exceed $239,861, including a contract amount of $229,861 and a project contingency in the amount of $10,000 for said purpose is hereby authorized. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. Temp. Reso. # 12444 January 22, 2014 Page 4 of 4 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this da? day of ATTEST: PATRICIA TEUFEW, CMC CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SA EL S. GOD CITY ATTORNEY VA i r HARRY DRESSLER MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLERar DIST 1: COMM. BUST DIST 2: V/M GOMEZ DIST 3: COMM. GLA • 0. City of Tamarac Purchasing and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND STRAIGHTLINE ENGINEERING GROUP, LLC THIS AGREEMENT is entered into on �2 . 20 between the City of Tamarac , a municipal corporation with p cipal offic located at 7525 W 88th Avenue, Tamarac, Florida 33321 (City) and Straightline Engineering Group, LLC a Florida Limited Liability Corporation with principal offices located at 15223 NW 33`d Place, Miami Gardens, Florida 33054 (Contractor) for the purpose of providing for the installation of Brick Pavers for the City of Tamarac. The parties hereby agree to the following terms and conditions. 1. In return for valuable consideration in an amount not to exceed Two Hundred Twenty - Nine Thousand, Eight Hundred and Sixty -One Dollars and No Cents ($229,861.00), Contractor shall comply with the terms and conditions within the City of Fort Lauderdale Contract #223-11030 attached hereto as Exhibit A. All terms and conditions of the contract documents set forth in Exhibit A are incorporated herein as if set forth in full, except as modified by the proposal specific to the City of Tamarac as set forth in Exhibit B attached hereto and incorporated herein as if set forth in full. 2. Upon execution of this Agreement, all references made to the City of Fort Lauderdale Contract #223-11030 in Exhibit A and Exhibit B shall be interpreted as pertaining to the City of Tamarac, and all terms and conditions of Exhibit A and Exhibit B shall be deemed as having been implemented for use within the City of Tamarac. It is understood that wherever the words "agency name" or "agency board name" appear, they shall be read as "City of Tamarac" and "City of Tamarac Commissioners". 3. Term & Project Schedule The term of this Agreement shall be concurrent with the term set forth in Exhibit A, effective through August 21, 2014, effective on the date of approval of this Agreement. The City reserves the right to renew this Agreement only in the event that the Agreement is renewed by the City of Fort Lauderdale. The project schedule as enumerate in Exhibit B, shall be completed no later than ninety (90) days from the Notice to Proceed. 4. This agreement, Exhibit A and Exhibit B constitute the entire agreement between the City and the Contractor. In the event of a conflict between these documents, this Agreement shall prevail, followed in precedence by Exhibit B and Exhibit A in that order. 5. Contract Sum and Payments: The Contract Sum for the above work is Two Hundred Twenty -Nine Thousand, Eight Hundred and Sixty -One Dollars and No Cents ($229,861.00). All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 6. Insurance: In addition to the insurance requirements stated in the City of Fort Lauderdale Agreement, Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to 9 f City of Tamarac Purchasing and Contracts Division beginning any work under this Agreement. The Contractor will subcontractors comply with the above guidelines and will retain all in force throughout the term of this agreement. The following coverage shall be provided: ensure that all necessary insurance minimal insurance a. Worker's Compensation Insurance: The Contractor shall procure and maintain for the life of this Agreement, Workers' Compensation. Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub -Contractor that does not have their own Workers' Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Tamarac, executed by the insurance company. Sixty-(60) days notice of cancellation is required and must be provided to the City of Tamarac via Certified Mail. b. Comprehensive General Liability: The Contractor shall procure and maintain, for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. c. Business Automobile Liability: The Contractor shall procure and maintain, for the life of the Agreement, Business Automobile Liability Insurance. d. The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. e. The City must be named as an additional insured for General Liability coverage unless Owners and Contractors' Protective Coverage is also provided, or required. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. f. The minimum limits of coverage shall be $1,000,000 per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The City must be listed as an Additional Insured under the Policy. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. g. In the event that sub -contractors used by the Contractor do not have insurance, or do not meet the insurance limits, Contractor shall indemnify and hold harmless the City for any claim in excess of the sub -Contractors' insurance coverage, arising out of negligent acts, errors or omissions of the sub -contractors. h. Contractor shall not commence work under this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the City. 2 11 i. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 7. Indemnification: a. The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. b. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. c. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. d. The City and Contractor recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Contractor and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10-00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore, the City and Contractor understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Contractor's responsibility to indemnify. e. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. f. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 8. Non -Discrimination & Equal Opportunity Employment: K City of Tamarac Purchasing and Contracts Division During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Sub -Contractors, if any, will be made aware of and will comply with this nondiscrimination clause. 9. Independent Contractor: This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 10. Assignment and Subcontracting: Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 11. Termination: a. Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation M 0 City of Tamarac Purchasing and Contracts Division for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. b. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 12. Public Records a. The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2. Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4 Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. b. The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Section 11 "Termination" herein. 13. Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 14. Venue: 5 0 0 City of Tamarac Purchasing and Contracts Division This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 15. Signatory Authority: The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 16. Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 17. No Construction Against Drafting Party: Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 18. Notice: Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person; sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services or by messenger service, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 NW 88' Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR C•l City of Tamarac Purchasing and Contracts Division Straightline Engineering Group, LLC 15223 NW 33rd Place Miami Gardens, Florida 33054 Attn: Ricardo A Diaz REMAINDER OF PAGE INTENTIONALLY BLANK Ij U City of Tamarac Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its representative, duly authorized to execute same. OF TAMARAC HARRY DRESSLER, MAYOR Patricia -A. Teufel, City Clerk 'IY10 �A- Date0010 �..•''• p ••.• Q. o- •• !!'' Q► . OCO ATTEST: i6fature of Corporate Secretary i A- Type/Print Name of Corp (CORPORATE SEAL) orate SecSr. anager Approved asAo form and legal sufficiency: City Attofney Date I!7 X-!1 RKM Company Name �iaa#Gre of President City of Tamarac Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA: SS COUNTY OFF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Ricardo A. Diaz, of Straightline Engineering, LLC a Florida Limited Liability Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of 20� Signature of Notary Public ;N, ME, .A _, State of Florida at Large DOWWWO" R-re'- N Hotuy Pubic • store of • My COMM. by !► IC 2011 C * L41,477M boad �thib"'NOWANEL FM_ I 9 Print, Type or Stamp Name of Notary Public Personally known to me or Produced Identification Type of I.D. Produced ❑ DID take an oath, or [jam DID NOT take an oath. CITY OF FORT LAUDERDALE CONTRACT AND SPECIFICATIONS PACKAGE BID #223-11030 PROJECT NO. 11762 2012-2013* ANNUAL BRICK PAVERS CONCRETE CONTRACT F OR T 011GOB A. Public Works Department Engineering and Architectural Services Bureau 100 North Andrews Avenue Fort Lauderdale, Florida 33301 Khant K. Myat, E.I. Engineer James T. Hemphill, Senior Procurement Specialist Telephone-: (954) 5328-5143 Jhemphil!@fortlauderdaie.gov r TABLE OF CONTENTS DESCRIPTION !. BID INFORMATION Invitation to Bid..................... .... ITB-1, ITB-2 Instruction to Bidders ........ iI. PROPOSAL PAGES Proposal....................................................................................................... P-1 through P-3 - Questionnaire Sheet ...6......0........ P-4 through P-5 t Trench Safety .............................................. Ill. CONTRACTOR IDENTIFICATION Minority Business Enterprise.............................................................. MBE-1 through MBE-1 IV. Non Collusion Statement NCS-1 V. CONSTRUCTION AGREEMENT (SAMPLE) ............................. ................ C-1 through C-36 VI. GENERAL CONDITIONS....................................................................... GC-1 through GC-9 VII. SPECIFICATIONS Special Conditions (contract. dates, extensions, mobilization, etc.)............ SC1 through SC-4 Detail Specifications..... 0 ............................................................... DS1 through DS-22 Contractor Performance Evaluation................................................................. CPE1, CPE-2 TOC-1 INVITATION TO B I D Sealed bids will be received until 2:00 P.M. on Wednesday, JULY 11, 2012 in the Office of the City Engineer, Public Works Department (Engineering and Architectural Services),. City Hall, 100 North Andrews Avenue, 4th Floor, City of Fort Lauderdale, Florida and opened immediately thereafter in the Conference Room, for Bid # 223-11030, Project # 11762 — 2012-2013 ANNUAL CONCRETE AND BRICK PAVERS CONTRACT, This project does not include drawing files. See Detail Specifications section for typical details. The work, includes the construction of concrete sidewalk (4" and 6" thick), various concrete curbings as noted by detail specifications, brick pavers, type S-3 asphaltic concrete pavement,' stamped asphalt, pervious concrete and brick pavers, limerock base of various depths, installation of thermostatic pavement markings, sod, and . removal of asphalt, concrete, tree roots and other items quantified in the proposal pages of the contract. The City will select up to three contractors to perform this work with a 2-year term construction service contract(s). The selection of the contractors will be based on the lowest competitive, responsive and responsible bids on quantities or work. Project assignments will be issued on a Work Order basis with project values based on the unit prices contained in the executed contract. The City reserves the right to assign quantities of work to contractors based on performance criteria, including but not limited to, available resources, ability to meet defined project schedules, ability to coordinate construction restoration with City and community representatives, in a timely, satisfactory manner. The criteria for Contractor Performance Evaluations (CPE) are included in the Contract Document and Specifications package. (See sheets CPE-1 and CPE-2). 0 The City intends to award contract to the three (3) contractors providing the lowest bid amounts. The selected contractors will receive work' orders, during the effective term of the contract and prior to they contract's expiration date, consisting of engineering plans, details, and specifications for each work order. The selected contractor(s) will receive specifications for each work order to obtain, review and approve a detailed cost estimate based on the executed contract with unit prices. A Performance Bond (Surety Bond) of $50,000 is required for this contract. The Project Manager will send a notice to proceed to the contractor(s) after obtaining City Manager's office OR City Commission's approval as applicable FOR each work order. Bidding blanks may be obtained at BIDSYNC.COM or hand copies may be picked up at the Office of the City Engineer. Plans and specifications are on file in the Office of the City Engineer, City of Fort Lauderdale at 100 North Andrews Avenue, 4th floor, (Monday thru Friday 8:00 am to 4:30 pm) at a. NON-REFUNDABLE cost of $25.00 (including sales tax per set). Only cash or cashier's check made payable to the City of Fort Lauderdale are accepted. Plans and specifications are also available on a CD diskette at a NUN -REFUNDABLE cost of $5.00 (including sales tax per CD). It will be .the sole responsibility of the bidder to clearly mark the bid as such, and ensure that his bid reaches the City prior to the bid opening date and time listed. It will be the sole responsibility of the bidder to clearly mark the bid as such, and ensure that* his bid reaches the City prior to the bid opening date and time listed. ITB-1 INVITATION TO BID (Continued) A certified check, cashier's check, bank officer's check or bid bond for FIVE percent (5%) of the amount bid, made payable to the City of Fort Lauderdale, Florida, shall accompany each proposal. The City of Fort Lauderdale reserves the right to waive any informality in any or all and to reject any or all bids. For information concerning technical specifications please utilize the question / answer feature provided by BidSync at www.bidsync.com. Questions of a material nature must be received prior to the cut-off date specified in the solicitation. Material changes, if any, to the scope of services or bidding procedures Will only be transmitted by written addendum. (See addendum section of BidSync Site). Contractors please note: No part of your bid can be submitted via FAX. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Contractor has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required. The entire bid response must be submitted in accordance with all specifications contained in this solicitation. Information on bid results and projects currently out to bid can be obtained on the City's website -- www.fortlauderdale.gov/e.ngineedng/bids.htm. needng/bids.htm. For general inquiries - please call (954) 828-5772. Jonda K. Joseph City Clerk ITB-2 INSTRUCTIONS TO BIDDERS The following instructions are given for the purpose of guiding bidders in properly preparing their bids or proposals. These directions have equal force and weight with the specifications and strict compliance is required with all of these provisions. QUALIFICATIONS OF BIDDERS No proposal will be accepted from, nor will any contract be awarded to, any person who is in arrears to the CITY OF FORT LAU-DERDALE, upon any debt or contract, or who has defaulted, as surety or otherwise, upon any obligation -to the City, or who is deemed irresponsible or'unreliable by the City Commission of Fort Lauderdale. PERSONAL INVESTIGATION - Bidders shall satisfy themselves by personal investigation, and by such other means as they may think necessary or desirable, as to the conditions affecting the proposed work and the cost. No information derived from maps, plans, specifications, or from the Engineer, City Manager, or their assistants shall relieve the Contractor from any risk or from fulfilling all terms of the contract. INCONSISTENCIES — Any seeming inconsistency between different provisions of the plans, specifications, proposal or contract, or any point requiring explanation must be inquired into by the bidder, in writing, at least ten (10) days prior to the time set for opening proposals. After proposals are opened, the bidders shall abide by the decision of the Engineer as to such interpretation. ADDENDA AND INTERPRETATIONS - No interpretations of the meaning of the plans, specifications or other contract documents will be made orally to any bidder. Prospective bidders must request from the Engineer such interpretation in writing. To be considered, such request must be received at least ten (10) days prior to the date fixed for the opening of bids. Any and all interpretations and any supplemental instructions will be in the form of a written addenda which, if issued, will be sent by overnight mail and fax or email , to all prospective bidders (at the address furnished for such purpose) not later than three (3) days prior to the. date fixed for the opening of bids. Failure of any bidder to receive any such addenda or interpretation shall not relieve any bidder from any obligation under his bid as submitted. All addenda so issued shall become a part of the contract document. Contractor shall verify that he has all addenda before submitting his bid. LEGAL CONDITIONS - Bidders are notified to familiarize themselves with the provisions of the laws of the State of Florida relating to hours of labor on municipal work, and with the provisions of the laws of the State of Florida and the Charter and the ordinances of the City of Fort Lauderdale. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO * for a period of 36 months from the dame of being placed on the convicted vendor list. FORMS OF PROPOSALS Each proposal and its accompanying statements must be made on the blanks provided. THE FORMS MUST BE SUBMITTED IN :1000 ORDER AND WITH ALL BLANKS COMPLETED. The forms must be enclosed in a sealed envelope when submitted to the Office of the City Engineer, Public Works Department (Engineering and Architectural Services), City Hall, 4th Floor, 100 North Andrews Avenue, Fort Lauderdale, Florida 33301 and must show the name of the bidder and a statement as to its contents. Rev. 11 /09/2011 INSTRUCTION TO BIDDERS (Continued) FORMS OF PROPOSALS (CONTINUED - The proposal must be signed by one duly authorized to do so, and in case signed by a deputy or subordinate, the principal's properly written authority to such deputy or subordinate must accompany the proposal. No proposal will be accepted, for any reason whatsoever, which is not submitted to the Office of the City Engineer as stated above, within the specified time. BID BOND - A certified check, cashier's check or bank officer's check, for the sum set forth in the advertisement, made payable to the City of Fort Lauderdale, Florida, or bid bond in such amount, shall accompany each proposal as evidence of the good faith and responsibility of the bidder. The check or bond shall be retained by the City as liquidated damages should the bidder refuse to or fail to enter into a contract for the execution of the work embraced in this proposal, in the event the proposal of the bidder is accepted. Retention of such amount shall not be construed as a penalty or forfeiture. The above bond or check shall- be a guarantee that the bidder will, if necessary, promptly execute a satisfactory contract and furnish good and sufficient bonds. As soon as a satisfactory 'contract has been executed and the bonds furnished and accepted, the check or bond accompanying the proposal of the successful bidder will be returned to him. The certified or other checks or bid bonds of the unsuccessful bidders will be returned to them upon the acceptance of the bid of the successful bidder. If the successful bidder shall not enter into, execute, and deliver such a contract and furnish they required bonds within ten (10) days after receiving notice to do so, the certified or other check or bid bond shall immediately become the property of the City of Fort Lauderdale as liquidated damages: Retention of such amount shall not be construed as a penalty or forfeiture. FILLING IN BIDS - All prices must be written in the proposal and also stated in figures, and all - proposals must fully cover all items for which proposals are asked and no other. Bidders are required to state the names and places of residence of all persons interested, and if no other person is. interested, the bidder shall distinctly state such fact and shall.state that the proposal is, in all respects,• fair and without collusion or fraud. Where more than one person is interested, it is required that all: persons interested or their legal representative make all verification and subscribe to the proposal. BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that his bid and the prices quoted in his bid will be firm for acceptance by the City for a period of ninety (90) days from the date of bid opening unless otherwise stated in the ITB. I CAUSES FOR REJECTION - No proposal will be canvassed, considered or accepted which, in the - opinion of the City Commission, is informal or unbalanced, or contains inadequate or unreasonable prices for any items; each item- must carry its own proportion of the cost as nearly as -is practicable* Any alteration, erasure, interlineation, or failure to specify bids for all items called for in the schedule - shall render the proposal informal. REJECTION OF BIDS - The City reserves the right to reject any bid if the evidence submitted by the, bidder, or if the investigation of such bidder, fails to satisfy the City that such bidder is properly. qualified to carry out the obligations and to complete the work contemplated. Any or all proposals will be rejected, if there is reason to believe that collusion exists among bidders. A proposal will be. considered irregular and may be rejected, if it shows serious omissions, alterations in form, additions.' not called for, conditions or unauthorized alternates, or irregularities of any kind. The City reserves the right to reject any or all proposals and to waive such technical errors as may be deemed best for the interests of the City. . Rev. 11 /17/2010 IB-2 INSTRUCTION TO BIDDERS (Continued) ..f BID PROTEST PROCEDURE: Any proposer or bidder who is not recommended for award of a contract and who alleges a failure by the City . to follow the City's procurement ordinance or any applicable law may protest to the Procurement Division Deputy Director of Finance, by delivering a letter of protest within five (5) days after a notice of intent to award is posted on the City's website at the following fink: http://www.fortlauderdale.gov/purchasiffl/notices of intent.htm. The complete protest ordinance including information on non-refundable flees may be found, on the City's website at the following link: http://www.fodauderdale.gov/purchasing/protestordinance.� df WITHDRAWALS - Any bidder may, without prejudice to himself, withdraw his proposal at any time prior to the expiration of the time during which proposals may be submitted. Such request for withdrawal must be in writing and signed in the same manner and by the same person who signed the proposal. After expiration of the period for receiving proposals, no proposal can be withdrawn, modified, or explained. CONTRACT - The bidder to whom award is made shall execute a written contract to do the work and { . maintain the same in good repair until final acceptance by the proper authorities, and shall furnish good and sufficient bonds as specified within ten (10) days after receiving such contract for execution. If the bidder to whom the first award is made fails to enter into a contract as provided, the award may be annulled and the contract let to the next lowest bidder who is reliable, responsible, and responsive in the opinion of the City Commission, and that bidder shall fulfill every stipulation and obligation as if such bidder were the original party to whom award was made. The contract shall provide that the Contractor agrees to correct any defective or faulty work or material, which may appear within one (1) year after completion of the work and receipt of final payment. ENFORCEMENT OF SPECIFICATIONS - Copies of the specifications will be placed in the hands of all the assistants to the Engineer and Inspectors employed on the work, who shall enforce each and every requirement of the contract. Such assistants shall have no authority to vary from such requirements. COPIES OF PLANS AND SPECIFICATIONS - Copies of the specifications, details, contract and bonds are on file .in the Office of the City Engineer, City Hall, 4th Floor, 100 N. Andrews Avenue, Fort Lauderdale, Florida 33301, SURETY BOND - The successful bidder shall furnish a performance and payment bond in compliance with Section 255.05, Florida Statutes, written by a Corporate Surety company, holding a Certificate of Authority from the Secretary of the Treasury of the United States as acceptable sureties on federal bonds, in an amount equal to $50,000.00. Executed and issued by a Resident Agent licensed by and having an office in the State of Florida, representing such Corporate Surety, conditioned for the due and faithful performance of the work, and providing in addition to all other conditions, 'that, if the` Contractor, or his or its subcontractors, fail to duly pay for any labor, materials, or other supplies used or consumed by such Contractor, or his or its subcontractor or subcontractors, in performance..of the work contracted to be done, the Surety will pay the same in the amount not exceeding the sum, provided in such bonds, together with interest at the rate of 15% per annum, and .that they shall indemnify and save harmless the City of Fort Lauderdale to the extent of any and all payments in connection with carrying out of the contract, which the City may be required to make under the law. Rev. 11 /20/2010 IB-3 INSTRUCTION TO BIDDERS (Continued) The Contractor is required at all times to have a valid surety bond in force covering the work being performed. A failure to have such bond in force at any time shall constitute a default on the part of the Contractor. A bond written by a surety, which becomes disqualified to do business in the State of Florida, shall automatically constitute a failure on the part of the Contractor to meet the above requirements. Such bond shall continue in effect for one (1) year after completion and acceptance of the work with liability equal to at least 25% of contract price, or an additional bond shall be conditioned that the Contractor will correct any defective or faulty work or material which appear within one (1) year after completion of the contract, upon notification by the City, except in contracts which are concerned solely with demolition work, in which cases 25% liability will not be applicable. AUDIT OF CONTRACTOR'S RECORDS - Upon execution of the Contract, the City reserves the right to conduct any necessary audit of the Contractor's records. Such an audit, or audits, may be conducted by the City or its representatives at any time prior to final payment, or thereafter, for a period up to three (3) years. The City may also require submittal of the records from either the Contractor, the Subcontractor, or both. For the purpose of this Section, records shall include all books of account, supporting documents and papers deemed necessary by the City to assure compliance with the contract provisions. Failure of the Contractor. or Subcontractor to comply with these requirements may result in disqualification or suspension from bidding for future contracts or disapproval as a Subcontractor at the option of the City. The Contractor shall assure that each of its Subcontractors will provide access to its records pertaining to the project upon request by the City. PERIODIC ESTIMATE FOR PARTIAL PAYMENT - After the Contractor has submitted a periodic estimate for partial payment, approved and certified by the Office of the City Engineer, the City shall make payment in the manner provided in the Contract Documents and in accordance with Florida's Prompt Payment Act, Section 218, Florida Statutes. Rev. 11 /9/2011 I 1 B-4 PROPOSAL (Continued) PROJECT 11762 PROPOSAL PROJECT 11762 2012-2013 ANNUAL CONCRETE AND BRICK PAVERS CONTRACT TO THE COMMISSION OF THE CITY OF FORT LAUDERDALE, FLORIDA Gentlemen: The undersigned bidder proposes to furnish all labor, tools, material and supplies, and to sustain all the expense incurred in doing the work set forth below that may be awarded the undersigned by the City of Fort Lauderdale, Florida, through its proper officers, and to do the same strictly in accordance with the plans and contract documents on file in the Office of the City Engineer of Fort Lauderdale, which are referred to below and made a part hereof, at the following unit prices, to --wit: ITEM 1: Mobilization and demobilization (move -in and move -out), staging of equipment, traffic maintenance (MOT preparation, routing, placing variable message boards signs as required by inspector), insurance, bond cost, and other fixed costs. Approximately 60 locations as follows: a) Mobilization/demobilization, for jobs less than 150 square feet (S.F.) @ $ 150 /EACH (35) $ 5, 254.40 b) Mobilization/demobilization, for jobs 150 square feet (S.F.) or'greater @ $ 15Q ]EACH (25) $ 3,750.00 Note: See Special Conditions section for rules regarding job(s) within 1 square mile work site. ITEM 2: Furnish all materials labor and equipment to construct 4-inch thick concrete sidewalk, un-reinforced, including clear and grubbing and removal and disposal of existing reconstruction of base rock and compaction where See detail C2.1 on detail specifications section. Approximately 10,000 Square Feet @.. a S.F. (10,000 S: F. ) P~ l sidewalk, required. $ 40.000:00 PROPOSAL (Continued) PROJECT 11762 ITEM 3: Furnish all materials labor and equipment to construct 6-Inch thick concrete sidewalk, un-reinforced, including clear and grubbing, and removal and disposal of existing sidewalk reconstruction of base rock and compaction where required. See detail C2.1 on detail specifications section. Approximately 3,000 Square Feet @ $ 5-00/S. F. (31000 S.F.) $ I!i,nnn„0,o ITEM 4: Furnish all materials labor and equipment to construct 4-inch thick various colors concrete un-reinforced sidewalk. This includes clear and grubbing, removal and disposal of existing sidewalk, reconstruction of base rock and compaction where required. Concrete shall contain the proper proportion of CHROMIX admixture for color -conditioned concrete and/or with decorative brick chips/seashells or other exposed aggregate. Concrete color and design specifications of the concrete to be determined by the Engineer of Record. Sandblasting and/or pressure cleaning are included in this item. See detail C2.1. a} 4" color concrete sidewalk @$ 5.00 /S. F. (125 S. F) $ 625.00 b) 4" brick chips/seashells @$ 5.00 /S. F. (125 S. F) $ 625.00 c) 6" color concrete sidewalk @$ 6.00 /S. F. (125 S . F) $ 750.00 d) 6" chips/brick-chips/seashells @$ 7.00 /S. F. (125 S. F) $ 875.00 ITEM 5: Furnish and install steel reinforcing 6 inches x 6 inches - 10/10 wire mesh in concrete where indicated by Engineer. Approximately 500 Square Feet @ $ 0.50 /S. F. (500 S.F.) $ 250.00 ITEM 6: Furnish all materials, labor, and equipment to remove and properly dispose of existing asphalt (at various depths), metal railing, metal or wood guard rail, wood or chain -link fencing, saw cutting asphalt and concrete, and all the items listed below. a-) A-sphaaltw-removal b) Metal ra if i ng a _�. 3,010 /L._F.. (25 LF.) $ 75.00 c) Metal or wood guard rail ZW /L.F. L ..) $ 75.00 • d) Wood or, �-link fencing iv �� r ,@ .$ �: 0U � �. r . i.!►w!► �.. r r+ �Lt7�1 L. r . � � 600. 0Q..._. e) haw cut asp.h allt/con.crete �^-_� � 1 l ..�F. (1,5W L..F.) S 1, 500.OQ 4 � aete Q i� - 00 g) 6��dc concrete sd�wa#k @w /-5�F. [M� S..F. } ,. 400.00 PROPOSAL (Continued) PROJECT 11762 ITEM 6: (Continued) h) storm drain basin @ $100.00 /EA. (10) i) 15" or smaller storm pipe @ $ 2.00 /L.F. (50 L.F.) j) type "D" concrete curb @ $ , 5.00 /L.F. (50 L.F.) k) type "F concrete curb @ $ 5.00 _ /L.F. (50 L.F.) ITEM 7: Furnish all materials, labor, and equipment to demolish and remove reinforced concrete including cutting, breaking, hauling and properly disposing of material. Approximately 10 Cubic Yards $50.00 /C.Y. (10 C.Y.) ITEM 8: Furnish all materials, labor and equipment to construct 8-inch thick concrete paving reinforced with #5 bars, 3-inches above bottom of pavement, spaced 12-inches on centers both ways. This item also includes clearing and grubbing. Approximately 50 Square Feet '► � � i '► i i i $ 500.00 @ $10.00 /S.F. (50 S.F.) $ 500.00 ITEM 9: Furnish all materials, labor and equipment to construct various type of concrete curbs per detail specifications including transitions, and reconstruction of base where required. This item also includes clearing and grubbing, removal and proper disposal of existing curb if applicable. See detail specifications. a) Type "D" Curb @ $15. 0 /L.F. (600 L.F.) $ 9800Q.00 b) Type It Curb & Gutter @ $18.00 /L.F. (25 L.F.) $ 450.00 c) Concrete valley gutter @ $ 20.00 /L.F. (300 L.F.) $ 6,000.00 d) Drop curb @ 120.00 /L.F. (300 L.F.) $ 6,000.00 e) Type "A" Curb @ $15.00 I /L.F. (100 L.F.) $ 1,500.00 f) 16" Curb Meter Sidewalk @ $151.00 /L.F. (100 L.F.) $ 1.500.00 g) Standard Wheel Stop @ $20.00 /EA (10) $200.00_ h) Header.Curb @ $20.00 /L.F. (50 L.F.) $ 13000.00 P r • 9 PROPOSAL (Continued) PROJECT 11762 ITEM 10: Furnish all materials, labor and equipment to construct concrete ADA/wheelchair access ramps, as well as reconstruction of base where required, to include clearing and grubbing. Concrete slab shall have 6--inches minimum thickness. See detail C4.1-1, C4.1-2, and C4.3 on detail specifications. All ramps shall have detectable warning surface truncated dome epoxy -type installation. Provide Armor Tile - Cast In Place or approved equal detectable warning surface on each ramp location. See detail C4.6 on detail specifications. Approximately 8 ADA Ramp Locations @_ $ 500.00 /EACH (8) ITEM 11: Furnish all materials, labor and equipment to reconstruct top slab of MOT storm drain inlet and install. This includes placement of #6 rebar and installation of 5" PVC supports. Storm Drain Inlet to conform to FDOT Standards (Index 210) for storm drain inlets. This includes barricades for thirty --days (30) during concrete curing period. Approximately 5 locations $1,500.00 /EACH (5) ITEM 12: Furnish all materials, labor and equipment to reconstruct top slab of FDOT storm drain inlet, reusing existing cast-iron frame and cover. This includes placement of #6 rebar and installation of 5" PVC supports. Storm Drain Inlet to conform to MOT Standards (Index 210) for storm drain inlets. This includes barricades for thirty -days (30) during concrete curing period. Approximately 10 @ $ 1.250.00 /EACH (10) ITEM 13: Furnish all materials, labor and equipment to install water meter bow .suppfied. by City, when req uir-ed c u trV sidewa�:k construction, This item includes clearing nd a #gibing- and all necessary grading adjus°:ment to �� �-�fl s€�d sidewalk. @ $ 5 0 00, Aq C H (2, 6) P-1(&j $ 43000.00 $ 7.500.00 $ 12 500.00 1, 3W. 00 PROPOSAL (Continued) PROJECT 11762 ITEM 14: Furnish all materials, labor and equipment, to trim, remove and dispose of tree roots affecting curbs,gutters or concrete p 9 sidewalks, including excavation clearing, grubbing, and backfilling. Approximately 35 Trees @ $ 25.00 /EACH (35) ITEM 15: Furnish all materials, labor, and equipment to install new 3- 118-inch thick concrete pavers of various shapes over sand - leveling course, as well as reconstruction of base, as shown on pages detail specifications. This item also includes clearing, grubbing, removal, and proper disposal of existing materials. Locking sand shall be utilized between pavers. Approximately 3000 Square Feet � 7.40 /S.F. (31000 S.F.) ITEM 16: Furnish all materials, labor, and equipment to install new 2- 318-inch thick concrete pavers of various shapes over sand - leveling course, as well as reconstruction of base as shown on pages detail specifications. This item also includes clearing, grubbing, removal, and proper disposal of existing materials. Locking sand shall be utilized between pavers. Approximately 600 Square Feet @ $ 7.00 /S.F. (600 S.F.) ITEM 17; Furnish all materials, labor, and equipment to install new 2- 1/4'Y x 4" x 8" solid hard -burned, clay brick pavers over sand leveling coarse, as well as reconstruction of base, as shown on detail specifications. This item includes clearing, grubbing, removal, and disposal of existing materials. Locking sand shall be utilized between pavers. Approximately 100 Square Feet 12_:00 1S... F10-0 S.F.} P-1(d) $ 875.00 21, 000.00 4.200.00 $ 17200. QO PROPOSAL (Continued) ITEM 18 Furnish all materials, labor, and equipment to remove existing paver bricks of various shape and thickness and replace same paver bricks, and any additional similar paver bricks as needed to properly complete repair over sand - leveling course. This item includes any sub -base repair, up to 12" of compacted limerock, and sand as required. Locking sand shall be utilized between pavers. Approximately 4,000 Square Feet @ $ 5.00 /S.F. (4,000 S.F.) ITEM 19: Furnish all materials, labor, and equipment to remove existing solid clay blocks of various shape and thickness and replace same solid clay blocks, and any additional similar solid clay blocks as needed to properly complete repair over sand -leveling course. This item includes any sub -base repair, up to 12" of compacted limerock and sand as required. Locking sand shall be utilized between pavers. Approximately 600 Square Feet @ $ 5.00 lS.F. (600 S.F.) ITEM 20: Furnish all materials, labor and equipment to construct 4, 6, or 8-inch thick compacted limerock base compared to 100% AASHT4 T-99-C, including clearing and grubbing, excavation, removal and disposal of existing materials. a) flinch limerock base @ $ 4.00 /S.Y_ (100 S.Y.) b) 6-inch limerock base @ 6.00 /S.Y. (100 S.Y.) c) 8-inch limerock base @ $ 8.00 /S.Y. (1,500 S.Y.) ITEM 21: Furnish all materials, labor, and equipment to construct 1-1!2" i-ic.h thick F OT Type S-3 asphaltic concrete surl; e:, including tack coat_ and atl necessary appurtenances-.. Approximately 1,000 Square. Yards @ $ 15.00 / Y. f'` At P-1(e) PROJECT 11762 $ 20.000.00 $ 3,000.00 $ _ 400.00 $ 600.00 $ 12,000.00 ..$ 1_71DW__Q0 PROPOSAL (Continued) PROJECT 11762 ITEM 22: Furnish all materials, labor and equipment to seal coat. This item includes two (2) coats of coal tar pitch emission, silica sand, and spread with squeegee or brush. Also include removal of oil stain, Oil dripping and sweeping existing parking surface. Approximately 250 Square Yards @ $ 5.00 /S.Y. (250 S.Y.) $ 1.250.00 ITEM 23: Furnish all materials, labor, and equipment to restorelrework tree grate to original condition including adjustment of tree grate and trimming of tree roots as necessary. Approximately 5 @ $ 1,000.00 JEACH (5) � 5000.00 ITEM 24: Furnish all materials, labor and equipment to lay St, Augustine "Floratam" or Bahia sod authorized by the Engineer of Record, including clear and grubbing, and all other appurtenances. a) Bahia sod @ $ 4.00 /S.Y. (700 S.Y.) $ 2.800.00 b) St. Augustine sod @ $ 4.00 /S.Y. (300 S.Y.) $ 1,200,00 ITEM 25: Furnish all materials, labor, and equipment to install galvanized steel hand railing, galvanized steel safeguard railing, wood, and/or steel guard rail to ADA standards. This includes clear and grubbing. a} Galvanized steel handrail @ $. 25.00 /L.F. (50 L.F.) $ 13 50.00 b) Galvanized steel safeguard @ $ _M00 /L.F. (50 L.F.) $ 1650Q..Q,Q. c) Wood guardrail @ $ 30.00 /L.F. (50 L.F.) $� 1.500.00 d) Steel guardrail @ $ 55.00 /L.F. (50 L.F.) $ 2,750.00 Note: Details Tor items a, b, c, found on detail sped ions. ezaits: for Item d are found as r' T h.-d# 4001 St I -N D w"gm P-1(fl PROPOSAL (Continued) PROJECT 11762 ITEM 26: Furnish all materials, labor and equipment, including clearing and grubbing, to grind or horizontal -- saw -cut raised concrete sidewalk or concrete header curb. Slope to conform to ADA specifications with maximum slope of 1:12. (Maximum area for grind/saw-cut is 2-feet x 5-feet with work areas up to ten (10) square feet. See detail on detail specifications. Approximately 10 Work Areas $ 200.00 /Locations (10) ITEM 27: Furnish all materials labor and equipment to install stamped asphaltic concrete. The color and pattern of stamped asphalt to be determined by the engineer. See Detail Specifications. Approximately 500 S.F. $ 10.00 /S.F. (500 S.F.) ITEM 28: Furnish all materials, labor, and equipment to pressure clean (to high quality -near new condition, with no streaking) existing paver brick or paver blocks, and remove all dirt, mildew, stains (including oil), gum, tire/location marks, graffiti and etc., and all other necessary appurtenances. This work should be done at nights (from 6:00 p.m. to 7:00 a.m.) and weekends, approximately 100 square feet. This item also includes filling voids with clean sand. Approximately 100 Square Feet $ 1.00 /S.F. (100 S.F.) ITEM 29: Furnish all materials, labor, and equipment to pressure clean (to high quality --near new condition, with no streaking) existing paver brick or paver blocks, and remove all dirt, mildew, stains (including oil), gum, tire/location marks, graffiti and etc., and all other necessary appurtenances. This work is to be done during regular office hours (7:00 a.m. to 6:00 p.m.) Approximately 100 square feet. This item also includes filling vats with- clean sand. Approximately 100 Square Feet @ $_ -I--- I S.F. (100 S-F.) 11 P-1(g) $ 2.000.00 $ 5,000.00 $ 100.00 10 PROPOSAL (Continued) PROJECT 11762 ITEM 30: Furnish all materials, labor, and equipment to pressure clean existing concrete sidewalk (to high quality -near new condition, with no streaking), and remove all dirt, mildew, stains (including oil), gum, fire/location marks, graffiti and etc., and all other necessary appurtenances. This work should be done at nights (from 6:00 p.m. to 7:00 a.m.) and weekends, approximately 100 square feet. Approximately 100 Square Feet @ 1L,.01- /S.F. (100 S.F.) 100.00 ITEM 31 Furnish all materials, labor, and equipment to pressure clean existing concrete sidewalk (to high quality -near new condition, with no streaking), and remove all dirt, mildew; stains (including oil), gum, tire/location marks, graffiti and etc., j and all other necessary appurtenances. This work is to be ' done during regular office hours (7:00 a.m. to 6:00 p.m.) Approximately 100 Square Feet @ $ 1.00_./S.F. (100 S.F.) 100.00 ITEM 32: Furnish all materials, labor and equipment to install various thermoplastic pavement markings, including temporary paint, clearing and grubbing, and removal of existing if needed. a) 4" Single White @ $ 3- OQ _ /L. F. (50 L. F.) $ _ 150.00 b) 6" Single White c) 8" Single White d) 12" Single White e) 4" Double Yellow f} 4" Single Yellow g) 6" Single Yellow h) 9AI' S in.g4e Wh i#e i) Pavement Arrows per FDQT index 17346 sheet.1 of 14 (F DOT 11347 sheet 1 of 4) $ 3.00 /L.F. (50 L.F.) 3.00 /L.F. (50 L.F.) $ 3.00 /L.F. (50 L.F.) $ 3.00 /L.F. (50 L.F.) $ 3.00 /L.F. (50 L.F.) $ 3.00 /L.F. (50 L.F.) @.$ 4..00 ILF. (214 L.F.) @$ 2-50-00 1EA. (3 EA.) @ $ 25 -00 /EA. (.5, EA.) @� 250.00 /EA. (-5 EA.; P-1 (h) $ 150.00 $ 150.00 $ 150.00 $ 150.00 $. 9:6-.00 IL : MI 0-0- $ -1-.250.00_ 412 vw. PROPOSAL (Continued) PROJECT 11762 ITEM 33: Furnish all materials, labor and equipment to install new sign assemblies, removal and relocate of existing sign assemblies, these items include the removal and reconstruction of existing concrete, asphalt, sod, various rocks, limerock base, and gravel. a) Single Post Sign $ 45n nn /EA. (2 EA.) b) Remove &Relocate Existing Sign @ $ 200.00 /EA. (2 EA.) BASE BID (Items 1-33) 948-no . (FIGURES) Two hundred thirty six thousand nine hundred forty six dollars and zero cents (TOTAL WRITTEN DOLLAR AMOUNT) The City of Fort Lauderdale reserves the right to waive any informality in any bid and to reject any or all bids. The City of Fort Lauderdale reserves the right to reduce or delete any of the above contract items, and the City intends to award contract to three (3) contractors providing the lowest amounts. The selected contractors will receive work orders during the effective term of the contract and prior to the contract's expiration date. The selected contractor(s) will receive specifications for each work order to obtain, review and approve a detailed cost estimate based on executed contract with unit prices. The Project Manager will send a Notice to Proceed to the contractor(s) after obtaining City Manager's office OR City Commission approval as applicable for each work order. The City alone shall make all determinations of work order award and distribution as described under the terms of this contract. At time of award of contract, the City reserves the right to set a minimum dollar limit that may be expended on this project. Contract quantities of any or all items may be increased, reduced, or eliminated to adjust the contract amount to coincide with the amount of work necessary or to bring the contract value to within the established limit.- All quantities are estimated and the City reserves the right to increase, reduce, or eliminate the contract quantities in any amount. P-1(i} PROPOSAL (Continued) PROJECT 11762 The work described below includes all the necessary excavations, fill and removal of materials attendant upon the construction of the work complete in place, and the disposal of all excess material and the final cleaning up of the work. State the true, exact, correct and complete name of the partnership, corporation, or trade name under which you do business, and the address of the place of business (Post Office Sox is inappropriate). IF A CORPORATION, state the name of the President, Secretary and Resident Agent. IF A PARTNERSHIP, state the names of all partners. IF A TRADE NAME, state the names of the individuals who do business under the trade name. If the firm is a foreign corporation (i.e., non -- Florida), it must be authorized to do business in the State of Florida by the Florida Secretary of State. PLEASE PRINT OR TYPE. Firm Name: Straightline Engineering Group, LLC Address: 15223 NW 33rd PI Miami Gardens, Fl. 33054 Telephone: (305)685-9 033 Fax: (305)685-9083 E--!Mail Address: mlago@straightlineengineering.com Ricardo A. Diaz, President I managing Member (Name) (Title) (Name) (Title) (Name) (Title) (Attach additional sheets, if necessary), The undersigned bidder acknowledges that he may be required to furnish additional information as deemed necessary by the Office of the City Engineer, Public Works Department (Engineering and Architectural Services), to update their records should he be awarded the work described below. The undersigned bidder anirms 'mat he has or wili obtain all equipment necessary "to complete -the work descri-bed, that he has or will obtain atl req u i red per r- s an<d 1 i cen ses from- then 10 agencies, and that his nrm is authorized to do business. ;n fhee State of Fto6da. The undersigned plade.r has not divulged to, d.iscu.s-s.ed, or compared this. bid has not M 2ry athw bkk1er or parfies to -a = Atit F'Urdmer; -the---.. - I:...4..- guarantees the truth and accuTacy of all statements and w ers- contained. i� Imis ; �. Rev. 6/14/2008 P-2 0 PROPOSAL (Continued) PROJECT 11762 The undersigned bidder proposes to begin work within the time specified in the General Conditions Section of the Contract after notice has been given by the City Engineer and to complete the work within the time specified in the assigned task order. The undersigned acknowledges receipt of the Addenda listed below (if applicable) and further acknowledges that the provisions of each Addendum have been included in the preparation for this Bid. Addendum No. N/A DATE: 7/ 11 /2 012 Manuel Vincente Date Received (Witness —Print or type name) Ronaldo Sosa (Witness —Print or type name) Rev. 8J1412008 Addendum No. Date Received FOR: Straightline Engineering Group, LLC BY: /s/ Ricardo A. Diaz (Signature) Seal: P-3 Ricardo A. Diaz TITLE: President 0 Vice -President ❑ Managing Member PROPOSAL (Continued) PROJECT 11762 QUESTIONNAIRE SHEET PLEASE PRINT OR TYPE: Firm Name: Strai htline Engineering Group, LLC President / Managing Member: Ricardo A. Diaz Business Address: 15223 NW 33Fd PI, Miami Gardens, Fl. 33054 Telephone: (305)685-9033 Fax: (305)685-9083 E-Mail Address: mlago@straightlineengineering.com What was the last project of this nature which you completed? Project 11653-2011-2012 Annual Contract for Concrete, Stam ed Asphalt and Paving Stone Repair (3dextension) The following are named as three corporations and representatives of those corporations for which you have performed work and which the City may contact as your references (include addresses and telephone numbers): City of Fort. Lauderdale, 100 N. Andrews Avenue, Ft. Lauderdale, Florida .33301, Dane Esdelle (954)828-6801 City of Miami Gardens, 1515 NW 167 St Miami Gardens, F1.33169 Mariana Pitiriciu (305)622-8048 City of Hallandale Beach 630 NW 2 St. Hallandale Beach, F133009 Richard Labinsky (954)457-1614 How many years has your organization been in business? 10 years Have you ever failed to complete work awarded to you; if so, where and why? No The name of the qualifying agent for the firm and his position is: Ricardo A. Diaz, President Certificate of Competency Number of Qualifying Agent: CUC 1223 34 Effective Date: 4/10/2002 Expiration Date:8/31/2012 Licensed in: Miami Dade FI. Engineering Contractor's License # CUC1223834 (Co unty/State) Expiration Date: 8/..31 /2.012 NOTE: To be considered for award of this contract, the bidder must submit a financial - : aw request. A Broward County Engineertng Contractor's Li11, the appropriate license -=is ue" the State of Florida is required for working within public rights -of -way.. Contractor st _ha?va proper licensing prior to submUftina bid and must submit evidence -of .game. w- j"th bid. P-4 PROPOSAL (Continued) PROJECT 11762 Rev. 2/15/11 QUESTIONNAIRE SHEET 1. Have you personally inspected the proposed work and have you a complete plan for its performance? Yes 2. Will you sublet any part of this work? If so, list the portions or specialties of the work that you will. a) Work will be 100% self performed b) C) d) e) 3. What equipment do you own that is available for the work? Mini excavator, Mini roller, 1 Water truck, 1 Dump truck, Trailer, 2 Pick-up trucks Other tools and equipment 4. What equipment will you purchase for the proposed work? N/A 5. What equipment will you rent for the proposed work? Excavator etc. Rev. 8/1 4/2008 PROPOSAL (Continued) PROJECT 11762 P--5 TRENCH SAFETY Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The bidder further identifies -the costs of such compliance to be summarized below: Trench Safety Measure (Description) A. Trench Box D. Units of Unit Unit Extended Measure (Quantity) Cost Cost (LF/SF) LS 50 $10.00 420 $ 500.00 Total: $ 500.00 If applicable, the Contractor certifies that all trench excavation done within his control in excess of five feet (6) in depth shall be in accordance with the Florida Department of Transportation's Special Provisions Article 125-1 and Sub -article 125-4.1 (TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL -TRENCH EXCAVATION). Failure to complete the above may result in the bid being declared non -responsive. DATE: 7/ 11 /2 012 /s/ Ricardo A. Diaz (SIGNATURE) STATE OF: Florida COUNTY. OF: Miami Dade PERSONALLY APPEARED BEFORE ME, the undersigned authority, Ricardo A. Diaz who, after first being duly sworn by me, (Name of Individual Signing) affixed his/her signature in the space provided above on this Rev, 8/14/2008 My Corn:m:isWon Expires: P-6 1 day► of J uiy , 2012'. Is/ Zanthia Ho[h ROTARY PU-BL:IC See .. 0. 2012 CITY OF FORT LAUDERDALE PUBLIC WORKS DEPARTMENT (ENGINEERING AND ARCHITECTURAL SERVICES) MINORITY BUSINESS ENTERPRISE (MBE) -WOMEN BUSINESS ENTERPRISE (WBE) PRIME CONTRACTOR IDENTIFICATION FORM In order to assist us in identifying the status of those companies doing business with the City of Fort Lauderdale, this form must be completed and returned with your bid package. Name of Firm: Straightline Engineering Group, LLC Address of Firm: 15223 NW 33rd PI, Miami Gardens, FI. 33054 Telephone Number: (305)685-9033 Name of Person Completing Form: Ricardo A. Diaz Title: Signature: Date: City Project Number: City Project Description: President J managing Member lsl Ricardo A. Diaz 717/2012 11762 2012-2013 Annual Concrete and Brick Pavers Contract Please check the item(s) which properly identify the status of your firm: El Our firm is not a MBE or WBE. � Our firm is a MBE, as at least 51 percent is owned and operated by one or more socially and economically disadvantaged individuals. R American Indian El Asian El Black E Hispanic El Our firm is a WBE, as at least 51 percent is owned and operated by one or more women. ❑ American Indian El Asian El Black Rev.0811412008 MBE-1 [:1 Hispanic MBE/WBE CONTRACTOR INFORMATION tit The City, in a continuing effort, is encouraging the increased participation of minority and women - owned businesses in Public Works Department (Engineering and Architectural Services) related contracts. Along those lines, we are requiring that each firm provide documentation detailing their own programs for utilizing minority and women -owned businesses. Your firm should submit this information as a part of this bid package and refer to the checklist, to ensure that all areas of concern are covered. The low responsive bidder will be contacted to schedule a meeting to discuss these objectives. It is our intention to proceed as quickly as possible with this project, so your cooperation in this matter is appreciated. CONTRACTOR CHECKLIST List Previous City Contracts 2011-2012 Annual Contract for Concrete, Stamped Asphalt and Paving Stone Repair 08-09-10 Industrial- Residential Stormwater Improvements -- City of Miami Gardens 2008-2009-007 fencing & gates, Sidewalks, Street maintenance & Sodding City of Hallandale Beach Number of Employees in your firm 8 --Percent (25 %) Women --Percent ( 88%) Minorities --Job Classifications of Women and Minorities 1 Male- Hispanic- President/Managing Member, 1 Male — Hispanic -- Project Manager 1 Male-- Hispanic- Driver, 2 Males -- Hispanic Labor, 1 Woman — Hispanic —Outside Sales 1 Woman — Hispanic — Office Manager Use of minority and/or women subcontractors on past projects. Yes ® Nature of the work subcontracted to minority and/or women -owned firms. Yes, Electric, Concrete, Paving � How are subcontractors notified of available opportunities with your firm? Written notice Anticipated amount to be subcontracted on this project. 0% Anticipated amount to be subcontracted to minority and/or women -owned businesses on this project. 0% Rev.08/14i2008 MBE-2 NON -COLLUSION STATEMENT: By signing this offer, the vendor/contractor certifies that this offer is made independently and free from collusion. Vendor shall disclose below any City of Fort Lauderdale, FL officer or employee, or any relative of any such officer or employee who is an officer or director of, or has a material interest in, the vendor's business, who is in a position to influence this procurement. Any City of Fort Lauderdale, FL officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to, this vendor. In accordance with City of Fort Lauderdale, FL Policy and Standards Manual, 6.10.8.3, 3.3. City employees may not contract with the City through any corporation or business entity in which they or their immediate family members hold a controlling financial interest (e.g. ownership of five (5) percent or more). 3.4. Immediate family members (spouse, parents and children) are also prohibited from contracting with the City subject to the same general rules. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the City Procurement Code. NAME NIA RELATIONSHIPS NIA In the event the vendor does not in-dicate any names, the City shall interpret this to mean that the vendor has indicated that no such relatio-nsh:lps exist. N CS-1 GENERAL CONDITIONS Unless otherwise modified in the projects special conditions, the following General Conditions shall be part of the Contract: GC - 01 - DEFINITIONS - The following words and expressions, or pronouns used in their stead, shall wherever they appear in the Contract and the Contract Documents, be construed as follows: "Addendum" or "Addenda" - shall mean the additional Contract provisions issued in writing, by the Engineer,. prior to the receipt of bids. "Bid" -- shall mean the offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. "Bidder" -- shall mean any person, firm, company, corporation or entity submitting a Bid for the Work. "Bonds" --shall mean Bid, performance and payment bonds and other instruments of security, furnished by Contractor and his surety in accordance with the Contract Documents. "City" — shall mean the City of Fort Lauderdale, Florida, a Florida municipal corporation. In the event the City exercises its regulatory authority as a government body, the exercise of such regulatory authority and -the enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred pursuant to City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Contract. For the purpose of this Contract, "City" without modification shall mean the City Commission, and/or City Manager or his/her designees(s)as applicable. "City Engineer" ineer" --shall mean the City Engineer of the City of Fort Lauderdale, Florida or his/her designee(s). "Consultant" — shall mean a person, firm, company, corporation or other entity employed by the City to perform the professional services for the project. "Contract Work" - shall -mean everything expressed or implied to be required to be furnished and furnished by the Contractor by any one or more of the parts of the Contract Documents referred to in the Contract hereof except Extra Work as hereinafter defined, it being understood that, in case of any inconsistency in or between any part or parts of this Contract, the City Engineer shall determine which shall prevail. "Design Documents" — shall mean the construction plans and specifications included as part of a Bid/Proposal Solicitation prepared either by the City or by the Consultant under a separate Agreement with the City. "Extra Work"' - shan mean work other than that required, by the Contract. "Inspector" — shall r ea.n an authorized representative of the City assigned to make necessary inspections of materials furnished by Contractor and of the Work performed by Contractor. "Notice" - shall mean written notice sent by certified United States Mail, return receipt requested, or sent by commercial express carrier with acknowledgement" of delivery, or via fax or email, or by GC-1 i I GC - 03 - SUBSTITUTIONS - If the Contractor desires to use materials and/or products of manufacturer's names different from those specified in the Contract Documents, the Bidder requesting the substitution shall make written application as described herein. The burden of proving the equality of the proposed substitution rests on the Bidder making the request. To be acceptable, the proposed substitution shall meet or exceed all expressed requirements of the Contract Documents and, shall be submitted upon the Contractor's letterhead, in addition to the "Contractor's Request for Substitution" form provided by the City Engineer. The following requirements shall be met in order for the substitution to be considered: 1. Requests for substitution shall reach the City Engineer no less that ten (10) Working Days prior to the date set for opening of Bids; and 2. Requests for substitution shall be accompanied by such technical data, as the party making the request desires to submit. The City Engineer will consider reports from reputable independent testing laboratories, verified experience records from previous users and other written information valid in the circumstances; and 3. Requests for substitution shall completely and clearly indicate in what respects the materials and/or products differ from those indicated in the Contract Documents; and 4. Requests for substitution shall be accompanied by the manufacturer's printed recommendations clearly describing the installation, use and care, as applicable, .of the proposed substitutions; and 5. Requests for substitution shall be accompanied by a complete schedule of changes in the Contract Documents, if any, which must be made to permit the use of the proposed substitution; and 0. Provide the "Contractor's Request for Substitution" form, completeiy executed. Failure to provide all pertinent data will result in immediate rejection of such a request. If a proposed substitution is approved by the City Engineer, an Addendum will be issued to prospective bidders not less than three (3) working days prior to the date set for opening of Bids. Unless substitutions are received and approved as described above, the successful Bidder shall be responsible fore furnishing materials and products in strict accordance with the Contract Documents. GC - 04 - CONTROL OF THE WORK - The City Engineer shall have full control and direction of the Work in all respects. The City Engineer and/or his authorized designee(s) shall, at all times, have the right to inspect the Work and materials. The Contractor shall furnish all reasonable facilities for obtaining such information, as the City Engineer may desire respecting the quality of the Work and materials and the manner of conducting the Work. Should the Contractor be directed or permitted to perform night Work, o.r to vary the period which work is ordinarily carried on in the daytime, he shall give ' ample notice tom City Engineer so that proper and adequate inspection may be provided. Such Work shad be done only under such regulations as are furnished in writing by the City Engineer, and no extra compensation shall be allowed to the Contractor therefore. In the event of night work, the Contra&Lor shall furnish such light, satisfactory to the City Engineer, as will insure proper inspection. Nothing herein contained shall relieve the Contraetor.from compliance with any and all City ordinances relating to noise or Work during prohibited hours. GC-3 GC-07 - NO ORAL CHANGES - Except to the extent expressly set forth in the Contract, no change in or modification, termination or discharge of the Contract in any form whatsoever, shall be valid or enforceable unless it is in writing and signed by the parties charged, therewith or their duly authorized representative. GC-08 - PERMITS AND PROTECTION OF PUBLIC — Permits on file with the City and or those permits to be obtained shall be considered directive in nature and will be considered a part of this Contract. A copy of all permits shall be given to the City and become part of the Contract Documents. Terms of permits shall be met prior to acceptance of the Work and release of the final payment. . The Contractor shall be required to observe all the ordinances in relation to obtaining permits for occupying, excavating, or in any 'way obstructing the streets and alleys. He shall erect and maintain barricades and sufficient safeguards around all excavations, embankments or obstructions; -he shall place sufficient warning lights at or near the Work; keep the same burning from sunset to sunrise, employ watchmen, and strictly obey all laws and ordinances controlling or limiting those engaged in similar work. Where there are telephones, light or power poles, water mains, conduits, pipes or drains or other construction, either public or private, in or on the streets or alleys, the Work shall be so -conducted that no interruption or delay will be caused in the operation or use of the same. Proper written notice shall be given, and all the facilities, afforded the owners of such construction encountered or likely to be encountered, as will enable them to preserve the same from injury. The Contractor shall not be permitted to interfere with public travel and convenience by grading or tearing up streets indiscriminately, but the Work of constructing the various items in this. contract shall proceed in an orderly, systematic and progressive manner. Contractor shall not load nor permit any part of any structure to be loaded with weights that will endanger the structure, nor shall he subject any part of the Work to stresses or pressures that will endanger it. Where lifting operations involving the use of specialized cranes are required as part of construction, Contractor must make undertake the following investigation and submit the results and documentation- to --the .Engineer priar--to co-mencing any lifting operations: m-arking a very specific area in the field for the placement of the crane; a drawing showing the limitations of the jib operation (i.e. not over adjacent properties or pedestrian and high vehicular traffic areas); underground utility exploration in the vicinity of the crane location, which may include ground penetrating radar to identify voids or old pipe or other subsurface features that could lead to sudden failure; assessment of the underlying soil and roadway materials and a worst case analysis based on entire load being distributed on just one or two outriggers; provision of properly sized pads under the outriggers; loading charts from manufacturer . showing allowable configurations/loads; and inspect -on to make sure crane operation is in accordance with the permit conditions. GC - 09 - DISEASE REGULATIONS - The Contractor shall enforce all sanitary regulations and take all precautions against infectious diseases as the City Engineer may deem necessary. Should any infectious or contagious diseases occur among his employees, he shall arrange for the immediate removal of the employee from the Site and isolation of all persons connected with the Work. GC-5 4. Estimated Cost 5. Completion . Date Minimum size of sign shall be four feet high, six feet wide and shall be suitably anchored. The entire sign shall be painted and present a pleasing appearance. Exact location of signs will be determined in the field, Two (2) signs will be required, one at each end of the job. All costs of this work shall be included in other parts of the work. GC -16 - FLORIDA EAST COAST RIGHT-OF-WAY - Whenever a City contractor is constructing within the Florida East Coast Railway Company's Right -of -Way, it will be mandatory that the contractor carry separate bodily injury and property damage insurance in the amounts as stated below. This insurance shall be taken out and maintained during the life of the Contract. Bodily injury insurance in an amount not less' than $500,000.00 for injuries, including wrongful death to any one person, and subject to the same limit for'each person, in an amount not less than $1,000,000.00 on account of any one occurrence, and. Property damage insurance in an amount not less than $500,000.00 for damages on account of any one occurrence and in an amount not less than $1,000,000.00 for damages on account of all occurrences. GC -17 - ACCIDENTS - The Contractor shall provide such equipment and facilities as are necessary and/or required, in the. case of accidents, for first aide services to be provided to a person who may be injured during the project duration. The Contractor shall also comply with the OSHA requirements as defined in the United States Labor Code 29 CFR 1926.50. In'' addition, the Contractor must report immediately to the City Engineer every accident to persons or damage to property, and shall furnish in writing full information, including testimony of witnesses regarding any and all accidents. GC -18 - SAFETY PRECAUTIONS - Contractor must adhere to the applicable environmental protection guidelines for the duration of a project. If hazardous waste materials are used, detected or generated at any time, the Project Manager must be . immediately notified of each and every occurrence. The Contractor shall comply with all cores, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, the City, Broward County, State of Florida, and Florida Building Code), which bear on the performance of the Work. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the protection of its employees, as well as the public and City employees. All riggings and scaffolding shall be constru-cted with good sound materials, of adequate dimensions for their intended use, and substantially braced, tied- or secured to ensure absolute safety for those required to use it, as well as those i.n the via*nity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with all Federal, State and local regulations. GC -19 - DUST PREVENTION - The Contractor shall, by means of a water spray, or temporary asphalt pavement, take all necessary precautions to prevent or abate a dust nuisance arising from GC-7 hydrant meter at the utility location office. No. connection shall be made to a fire hydrant without a meter connected. GC-9 SPECIAL CONDITIONS PROJECT 11762 2012-2013 ANNUAL CONCRETE AND BRICK PAVERS GENERAL: The work consists of furnishing all labor, material, equipment and incidentals necessary far the construction of the contract items indicated by the Proposal within City streets, rights -of -way and other City -owned property. All work shall be in accordance with the City's CONSTRUCTION STANDARDS AND SPECIFICATIONS except where stated otherwise herein. All work shall be scheduled through the Office of the City Engineer. An official Departmental notification form (Work Order) will be given the Contractor containing the date, time, location sketch, and amount of work to be done as one job or work -order. This form will be the authorization to start work. The Contractor shall commence each authorized portion of work within five 5 business days of notification. Upon notification and prior to commencinq work, the _Contractor .and En Ineer shall reach h an a reement as to the reasonable number of working. -days that will be required for the specific amount of work ordered (unless the notification form states the number of working days to be allowed). The work shall be completed within the number of working days agreed upon between the Engineer and Contractor, subject to extensions allowed by the Engineer due to unfavorable weather or other allowable causes substantiated by the Contractor. Suitable barricades and lights shall be laced b the Contractor to protect the public prior to the g p Y removal of sidewalk, curb, etc., and shall remain until replaced concrete is sufficiently hard to sustain pedestrian traffic. Barricades and lights shall be removed as soon as possible after placing concrete. The Contractor shall arrange his work and dispose of his materials so as not to interfere with the operations of other Contractors engaged upon adjacent work and in accordance with the Plans and Specifications, and perform his work in the proper sequence in relation to that of other Contractors,- all as may be directed by the Engineer. d . Each Contractor shall be held responsible for any damage done by him or his agents to work performed by another Contractor. The q uantities of work in the Proposal section of this contract are rough approximations only. The total quantities of work to be included in this contract and actually performed may vary widely and some items may be completely eliminated depending upon the work that will be authorized by the City during the period of this contract, by fiel-d conditions or -availability of -funds.. The Contractor shall provide the city engineering inspector typed (Excel, Word, or similar) and signed off (by the contractor's project manager/s) as -built field quantities andlor measurements sgecifc ,to each Work Order (matching up with the City's format) within a maximum period of ten (10) working days after the Work Order is completed. Any pay request submitted to the City by the Contractor shall include this as -built data, and four (4) originally signed copies of the request (with completed work broken down specifically per contract line item). Pay requests shall also not exceed a period of (30) workinc.days following each Work Ordercompletion, as verified by the city engineering inspector. Submissions by the Contractor exceeding this time period shall not be considered for payment (barring unforeseen events, andlor without prior consent by the City). CONTRACT DATES: The termination date for issuance ofi Work Orders shall be when the funds are depletedyears from::effective.�date of- the agreement;: whichever come's first. All work orders HM .. issued before the contract termination must be compk3ted Li -der this contract even if contract has expired. SC-1 SPECIAL CONDITIONS. ntinued) PROJECT 11762 FDOT INLETS: Existing FDOT type storm drain inlets to be repaired shall have the top slab and as much of the gutter and inlet apron as may be necessary removed, disposed of; and reconstructed according to the Standard Drawing for FDOT Inlets. REINFORCED CONCRETE DEMOLITION: This work is for the demolition, hauling and disposal of any type of concrete structure, including but not limited to: walls, seawall caps, ramps, poles, posts, beams, columns, abutments, footers, footing, steps, etc. The demolition shall not extend beyond 36 inches below grade elevation. PAVER BLOCK REPLACEMENT: These items are for the removal of old broken or damaged paving blocks and replacement with new blocks of same type and color. These items include reworking the base material and addition or removal of sand -leveling course as necessary to replace the paving blocks to original grade and condition. The sand -leveling course shall consist of 1-1/2-inch-minimum-thickness of clean washed), sharp and coarse sand on a 1/8-inch sieve. Sand shall be free of salt contamination. An approved herbicide shall be applied per manufacturers recommendations prior to installation of the paving blocks. Sand shall be screeded or leveled prior to replacement of the original paving blocks. (Refer to manufacturer's specifications for more detail.) PAVER BLOCK RESTORATION: These items are for the removal and replacement of same paving blocks that have settled or become misaligned. These items include reworking the base material and addition -or removal of sand -leveling course as necessary to replace the paving blocks to original grade and condition. The sand -leveling course shall consist of 1-1 /2-inch-minimum-thickness of clean (washed), sharp and coarse sand on a 1/8-inch sieve. Sand shall be free of salt contamination. An approved herbicide shall be applied* per manufacturer's recommendations prior to installation of the paving blocks. Sand shall be screeded or leveled prior to replacement of the original paving blocks. (Refer to manufacturer's specifications for more detail.) CLAY BRICK PAVER REPLACEMENT AND AREA RESTORATION: This item is for the removal of old broken and/or damaged clay brick pavers that have settled and/or become misaligned, and replacement with new paver bricks of similar size and color. TREE GRATES: All work performed on trees shall be in conformance with the CODE OF ORDINANCES OF THE CITY OF FORT LAUDERDALE FLORIDA, Section 47-58.12(D) entitled "Tree Abuse." ROOT PRUNING: All work performed on trees shall be in conformance with the CODE OF ORDINANCES OF THE CITY OF FORT LAUDERDALE, FLORIDA, Section 47-58.12(D) entitled "Tree Abuse." Roots shall be pruned to within 6-inches of nearest concrete walk or curb, or unless agreed to by the Engineering Inspector. SC-3 DETAIL SPECIFICATIONS PROJECT 11762 2012-2O13 ANNUAL CONCRETE AND BRICK PAVERS CONTRACT CITY OF FORT LAUDERDALE OFFICE OF THE CITY ENGINEER NON --PENETRATING ICK HOLES 22 1 /4" 1 1 /2" COVER �"i 20 1 /2" MACHINED SURFACES 4" 22 ,Z- 28 1/2' FRAME NorR: 1. MATERIAL: FRAME AND COVER AS SPECIFIED. 2 ADDITIONAL GRADE RINGS MAY BE USED TO ELEVATE D(IS11NG MANHOLE FRAMES TO RESURFACED GRADE (MAX. 4' HEIGHT). 3. ALL DIMENSIONS ARE NOMINAL 4, OPTIONAL: HINGED FRAME ANO COMER AS SPEpFlEO. MANHOLE FRAME ac COVER 201 am& FM'06 W.AiP. s fv N.T.s. -MANHOLE FRAME AND COVER ft U N PAVED AREAS 201 R.C. l w l DS--1 DETAIL SPECIFICATIONS as 8 N C4 PROJECT 11762 CrrY of FORT LAUDERDALE OFFICE OF THE CITY ENGINEER in WIDE EXPANSION JOINT PREMOULDED FILLER (TYP. I FINISH GRADE FILL EXPANSION JOINT r THICK cow.RFTF- (TYp ) a -- PROPERTY LINE 5` MIN. 3" 'JW' LJAV c1 ^MC A IN a' WIDE. 4'" DEEP SAWCUTS (IYP.) 1' FINISH GRADE FILL COMPACTED EXISTING SUBGRADE -NQMS: 1. A MINIMUM OF 6" THICK SIDEWALK IS REQUIRED AT SIDEWALKS THROUGH DRIVEWAYS AND ON ALL COMMERCIAL SIDEWALK APPLICATIONS. 2, CONCRETE STRENGTH SHALL BE 3000 P.S.I. 3. THE USE OF RQNFORCEMENT WILL NOT BE PERMITTED. 4. SIDEWALK SLOPES SHALL MEET THE REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT (ADA), la JAN.'82E11��4i.K N.T.S. CK*49f FVOTM c MARCH '09 2.1 D S-2 GENERAL CONDITIONS Unless otherwise modified in the projects special conditions, the following General Conditions shall be part of the Contract: GC - 41 - DEFINITIONS - The following words and expressions, or pronouns used in their stead, shall wherever they appear in the Contract and the Contract Documents, be construed as follows: "Addendum" or "Addenda" - shall mean the additional Contract provisions issued in writing, by the Engineer,. prior to the receipt of bids. "Bid" — shall mean the offer or proposal of the Bidder submitted on -the prescribed form setting forth the prices for the Work to be performed. "Bidder" -- shall mean any person, firm, company, corporation or entity submitting a Bid for the Work. "Bonds" —shall mean Bid, performance and payment bonds and other instruments of security, furnished by Contractor and his surety in accordance with the Contract Documents. "City -- shall mean the City of Fort Lauderdale, Florida, a Florida municipal corporation. In the event the City exercises its regulatory authority as a government body, the exercise of such regulatory authority and -the enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred pursuant to City's authority as a governmental body and shall -not be attributable in any manner to the City as a party to this Contract. For the purpose of this Contract, 'City" without modification shall mean the City Commission, and/or City Manager or his/her designees(s)as applicable. "City Engineer" —shall mean the City Engineer of the City of Fort Lauderdale, Florida or his/her designee(s). "Consultant" -- shall mean a person, firm, company, corporation or other entity employed by the City to perform the professional services for the project. "Contract Work" - shall -mean everything expressed or implied to be required to be furnished and furnished by the Contractor by any one or more of the parts of the Contract Documents referred to in the Contract hereof except Extra Work as hereinafter defined, it being understood that, in case of any inconsistency in or between any part or parts of this Contract, the City Engineer shall determine which shall prevail. "Design Documents" -- shall mean the construction plans and specifications included as part of a Bid/Proposal Solicitation prepared either by the City or by the Consultant under a separate Agreement with the City. "Extra Work' - s.hal! mean work other than that required, by the Contract. "Inspectore' -- sMJ mean an authorized representative of the C<t�y assigned to make necessary inspections of maie,-ials furnished by Contractor and of the Work performed by Contractor. "Notice" - shall mean written notice sent by certified United States Mail, return receipt requested, or sent by commercial express carrier with acknowledgernent' of delivery, or via fax or email, or by GC-1 ...... , J hand delivery with a request for a written receipt of acknowledgment of delivery and shall be served upon the Contractor either personally or to its place of business listed in the Bid. "Site" - shall mean the area upon or. in which the Contractor's operations are carried out and such other areas adjacent thereto as may be designated as such by the City Engineer. "Subcontractor" - shall mean any person, firm, company, corporation or other entity, other than employees of the Contractor, who or which contracts with the contractor, to furnish, or actually furnishes labor and materials, or labor and equipment, or labor, materials and equipment at the. site. "Surety" - shall mean any corporation or entity that executes, as Surety, the Contractor's performance and payment bond securing the performance of this Contract. GC - 02 - SITE INVESTIGATION AND REPRESENTATION - The Contractor acknowledges that it has satisfied itself as to the nature and location of the Work under the Contract Documents, the general and local conditions of the Site, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, and roads, the conformation and conditions at the ground based' on City provided reports, the type of equipment and facilities needed preliminary to and during the prosecution of the Work and all other matters which can in any way affect the Work or the cost thereof under the Contract Documents. The Contractor acknowledges that it has conducted extensive tests, examinations and investigations and represents and warrants a thorough familiarization with the nature and extent of the Contract Documents, the Work, locality, soil conditions, moisture conditions and all year-round local weather and climate conditions (past and present), and, in reliance on such tests, examination and investigations conducted by Contractor and the Contractor's experts, has determined that no conditions exist that would in .any manner affect the Bid Price and that the project can be completed for the Bid Price submitted. The Contractor, on its own, has made or caused to be made examinations, investigations, tests and studies of reports and related data in addition to those referred above, as Contractor deemed necessary to perform the Work at the Bid price set by the Contractor, within the contract time and in accordance .with the. other terms and conditions of the Contract Documents and the Bid made by the Contractor; --and no additional -examinations, investigations, tests, reports *or similar data are, or will be, required by Contractor to assure that the Work can be done at the Bid price set by the Contractor. The Contractor further acknowledges that it has satisfied itself based on any geotechnical reports the City may provide and inspection of the project Site as to the character, quality, and quantity of surface and subsurface materials to be encountered from inspecting the site and from evaluating information derived from exploratory work that may have been done by the City or included in the Contract Documents and ands and has further determined that no conditions exist that would in any manner affect the Bid price and that the project can be completed for the Bid price submitted.. Any failure by the Contractor to acquaint itself with all the provided information and information obtained by vlsifing the project Site will not relieve Contractor from responsibility for properly estimating th.e difficulty or cost thereof under the Contract Documents. In the event that the actual subsurface conditions vary from the actual City provided reports, the Contractor shall notify the City and the Contract amount may be adjusted depending on the conditions, at the approval of the City. A GC-2 GC - 03 - SUBSTITUTIONS - If the Contractor desires to use materials and/or products of manufacturer's names different from those. specified in the Contract Documents, the Bidder requesting the substitution shall make *written application as described herein. The burden of proving the equality of the proposed substitution rests on the Bidder making the request. To be acceptable, the proposed substitution shall meet or exceed all expressed requirements of the Contract Documents and- shall be submitted upon the Contractor's letterhead, in addition to the "Contractor's Request for Substitution" form provided by the City Engineer. The following requirements shall be met in order for the substitution to be considered: 1. Requests for substitution shall reach the City Engineer no less that ten (10) Working Days prior to the date set for opening of Bids; and 2. Requests for substitution shall be accompanied by such technical data, as the party making the request desires to submit. The City Engineer will consider reports from reputable independent testing laboratories, verified experience records from previous users and other written information valid in the circumstances; and 3. Requests for substitution shall completely and clearly indicate in what respects the materials and/or products differ from those indicated in the Contract Documents; and 4. Requests for substitution shall be accompanied by the manufacturer's printed recommendations clearly describing the installation, use and care, as applicable, .of the proposed substitutions; and 5. Requests for substitution shall be accompanied by a complete schedule of changes in the Contract Documents, if any, which must be made to permit the use of the proposed substitution; and 6. Provide the "Contractor's Request for Substitution" form, completely executed. Failure to provide all pertinent data will result in immediate rejection of such a request. If a proposed substitution is approved by the City Engineer, an Addendum will be issued to prospective bidders not less than three (3) working days prior to the date set for opening of Bids. Unless substitutions are received and approved. as described above, the successful Bidder shall be responsible for- furnishing materials and roducts in strict accordance with the Contract Documents. GC - 04 - CONTROL OF THE WORK - The City Engineer shall have full control and direction of the Work in all respects. The City Engineer and/or his authorized designee(s) shall, at all times, have the right to inspect the Work and materials. The Contractor shall furnish all reasonable facilities for obtaining such information, as the City Engineer may desire respecting the quality of the Work and materials and the manner of conducting the Work. Should the Contractor be directed or permitted to perform night Work, Or to vary the period which work is ordinarily carried on in the daytime, he shall give ' amp.le notice to e City Engineer so that proper and adequate inspection may be provided. Such Work shalt be done only under such regulations as are furnished in writing by the Cty Engineer, and no et...ra compensation shall be allowed to the Contractor therefore. In the event of night work, the Cantrac:tor shall furnish such light, satisfactory to the City Engineer, as will insure proper inspection. Nothing herein contained shall relieve the Contractor, from compliance with any and all City ordinances relating to noise or Work during prohibited hours. GC-3 The Contractor shall keep the City Engineer informed, a reasonable time in advance, as to his need for grades and lines in order that the same may be furnished and all necessary measurements made for records and for payment with the minimum of inconvenience to the City Engineer or of delay to the Contractor. The Contractor shall submit to the City Engineer or Inspector on the job a written request outlining the streets, etc., for which the Contractor desires lines and grades. It is the intention not to delay the Work for the giving of lines and grades, but when necessary, work operations shall be suspended for such reasonable time as the City Engineer may require for this purpose. GC - 05 - SUBCONTRACTOR -- The Contractor shall not sublet, in whole or any part of the Work without the written consent and approval of the City Engineer. Within ten (10) days after official notification of starting date, the Contractor must submit in writing, to the City Engineer, a list of all Subcontractors. No Work shall be done by any Subcontractor until such Subcontractor has been officially approved by the City Engineer. A subcontractor not appearing on the original list will. not be approved without written request submitted to the City Engineer and approved by the City Engineer. In all cases, the Contractor shall give his personal attention to the Work of the Subcontractors and the Subcontractor is liable to be discharged by the Contractor, at the direction of the City Engineer, for neglect of duty, incompetence or misconduct. Acceptance of any Subcontractor, other person, or organization by the City Engineer shall not constitute a waiver of any right of City Engineer to reject defective Work or. Work not in conformance with the Contract Documents. Contractor shall be fully responsible for all acts and omissions of his Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that he is responsible- - for the acts and omissions of persons directly employed by him. Nothing in the Contract ; Documents shalt create any contractual relationship between City and any Subcontractor or other person or organization having a direct contract with Contractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any moneys due to any Subcontractor or other person, or organization, except as may otherwise be required by law. GC - 00 - QUANTITIES -- It is mutually agreed that the proposal shows the approximate amounts only along with the Plans and the general location. It is also mutually agreed that no change will be made involving any- departure from- the general *.scheme of the Work -anrl that no such change involving a material change in cost, either to the City or Contractor, shall be made, except upon written permission of the City. However, the City Engineer shall have the right to make minor alternations in the line, grade, plan, form or materials of the Work herein contemplated any time before the completion of the same. That if such alterations shall diminish the quantity of the Work to be done, such alterations shall not constitute a claim for damages or anticipated profits. That if such alterations increase the amount of the Work to be done, such increase shall be paid for according to the quantity actually performed and at the unit price or prices stipulated therefore in the Contract. The City shall, in all cases of 6spute, determine the amount or quantity of the several kinds of Work which are to be paid for under this Contract, and shall decide all questions relative to the exo-n of the same, and such estimates and decisions shall be final and binding. Any Work not herein specif-ed, which might be fairly implied as included in the Contract, of which the City shall judge, shall be done by the Contractor without extra charge. GC-4 GC-07 - NO ORAL CHANGES - Except to the extent expressly set forth in the Contract, no change in or modification, termination or discharge of the Contract in any form whatsoever, shall be valid or enforceable unless it is in writing and signed by the parties charged, therewith or their duly authorized representative. GC-08 - PERMITS AND PROTECTION OF PUBLIC -- Permits on file with the City and or those permits to be obtained shall be considered directive in nature and will be considered a part of this Contract. A copy of all permits shall be given to the City and become part of the Contract Documents. Terms of permits shall be met prior to acceptance of the Work and release of the final payment. . The Contractor shall be required to observe all the ordinances in relation to obtaining permits for occupying, excavating, or in any *way obstructing the streets and alleys. He shall erect and maintain barricades and sufficient safeguards around all excavations, embankments or obstructions; -he shall place sufficient warning lights at or near the Work; keep the same burning from sunset to sunrise, employ watchmen, and strictly obey all laws and ordinances controlling or limiting those engaged in similar work. Where there are telephones, light or power poles, water mains, conduits, pipes or drains or other construction, either public or private, in or on the streets or alleys, the Work shall be so -conducted that no interruption or delay will be caused in the operation or use of the same. Proper written notice shall be given, and all the facilities, afforded the owners of such construction encountered or likely to be encountered, as will enable them to preserve the same from injury. The Contractor shall not be permitted to interfere with public travel and convenience by grading or tearing up streets indiscriminately, but the Work of constructing the various items in this. contract shall proceed in an orderly, systematic and progressive manner. Contractor shall not load nor permit any part of any structure to be loaded with weights that will endanger the structure, nor shall he subject any part of the Work to stresses or pressures that will endanger it. Where lifting operations involving the use of specialized cranes are required as part of construction, Contractor must make undertake the following investigation and submit the results and documentation' to --the .Engineer priar--to aammencing any lifting operations: Marking a very specific area in the field for the placement of the crane; a drawing showing the limitations of the jib operation (i.e. not over adjacent properties or pedestrian and high vehicular traffic areas); underground utility exploration in the vicinity of the crane location, which may include ground penetrating radar to identify voids or old pipe or other subsurface features that could lead to sudden failure; assessment of the underlying soil and roadway materials and a worst case analysis based on entire load being distributed on just one or two outriggers; provision of properly sized pads under the outriggers; loading charts from manufacturer . showing allowable configurationslloads; and inspection to make sure crane operation is in accordance with the permit conditions. GC - 09 , DISEASE REGULATIONS - The Contractor shall enforce all sanitary regulations and take all precautions against infectious diseases as the City Engineer may deem necessary. Should any infectious or contagious diseases occur among his employees, he shall arrange for the immediate removal of the employee from the Site and isolation of all *persons connected with the Work. I GC -10 - CONTRACTOR TO CHECK PLANS, SPECIFICATIONS, AND DATA -- The Contractor shall verify all dimensions, quantities, and details shown on the plans, supplementary drawings, schedules, or other data received from the City Engineer, and shall notify the City Engineer of all errors, omissions, conflicts and discrepancies found therein within three (3) working days of discovery. Failure to discover or correct errors, conflictions, or discrepancies shall not relieve the Contractor of full responsibility for unsatisfactory Work, faulty construction, or improper operation resulting there from nor from rectifying such condition at his own expense. GC M 11 - SUPPLEMENTARY DRAWINGS - When, in the opinion of the City Engineer, it becomes necessary to explain more fully the Work to be done, or to illustrate the work further, or to show any changes which may be required, drawings, known as supplementary drawings, with specifications pertaining thereto, will be prepared by the City Engineer and copies'will be given. to the Contractor. The supplementary drawings shall be binding upon the Contractor with the same force as the original Plans. Where such supplementary drawings require either less or more than the estimated quantities of work, credit to the City or compensations therefore to the Contractor shall be subject to the terms of the Contract. GC -12 - MATERIALS AND WORKMANSHIP - All material and workmanship shall, in every respect, be in conformity with approved modern practice and with prevailing standards of performance and quality. In the event of dispute the City Engineer's decision shall be final. Wherever the Plans, specifications, Contract Documents, or the directions of the City Engineer are unclear as to what is permissible and/or fail to note the quality of any Work, that interpretation will be made by the City Engineer, which is in accordance with approved modern practice, to meet the particular requirements of the Contract. In. all cases, new materials shall be used, unless this provision is waived by notice from the City in writing. . GC -13 - SAFEGUARDING MARKS - The Contractor shall safeguard all points, stakes, grade marks, monuments,. and beach -marks made -or 'establis.hed on the Work, bear *the .cost .of re- establishing same if disturbed, or bear the entire expense of rectifying Work improperly installed due to not maintaining or protecting or for removing without authorization, such established points, stakes and marks. The Contractor shall safeguard all existing and known property corners, monuments and marks not related to the Work and, if required, shall bear the cost of having them re-established by a licensed surveyor if disturbed or destroyed during the course of construction. GC -14 - EXISTING UTILITY SERVICE -- All existing utility service shall be maintained with a minimum of interruption at the a :pense of tfie Contractor. GC -15 - JOB DESCRIPTION SIGNS - Contractor shall furnish, erect, and maintain suitable weatherproof signs on jobs over $100,600 mmaining the following information: 1. City Seal (in colors) 2. Project or Improvement Number 3, Job Description GC-6 4. Estimated Cost 5. Completion -Date Minimum size of sign shall be four feet high, six feet wide -and shall be suitably anchored. The entire sign shall be painted and present a pleasing appearance. Exact location of signs will be determined in the field. Two (2) signs will be required, one at each end of the job. All costs of this work shall be included in other parts of the work. GC - 16 - FLORIDA EAST COAST RIGHT-OF-WAY - Whenever a City contractor is constructing within the Florida East Coast Railway Company's Right -of -Way, it will be mandatory that the contractor carry separate bodily injury and property damage insurance in the amounts as stated below. This insurance shall be taken out and maintained during the life of the Contract. Bodily injury insurance in an amount not less' than r$500,000.00 for injuries, including wrongful death to any one person, and subject to the same limit for'each person, in an amount not less than $1,000,000.00 on account of any one occurrence, and . Property damage insurance in an amount not less than $500,000.00 for damages on account- of any one occurrence and in an amount not less than $1,000,000.00 for damages on account of all occurrences. GC -17 - ACCIDENTS - The Contractor shall provide such equipment and facilities as are necessary and/or required, in the. case of accidents, for first aide services to be provided to a person who may be injured during the project duration. The Contractor shall also comply with the OSHA requirements as defined in the United States Labor Code 29 CFR 1926.50. In addition, the Contractor must report immediately to the City Engineer every accident to persons or damage to property, and shall furnish in writing full information, including testimony of witnesses regarding any and all accidents. GC -18 - SAFETY PRECAUTIONS Contractor must adhere to the applicable environmental protection guidelines for the duration of a project. if hazardous waste materials are used, detected or generated at any time, the Project Manager must be. immediately notified of each and every occurrence. The Contr actor"'shall comply with- all co -des, ordinances,' rules,* o.rders and other legal requirements of public authorities (including OSHA, EPA, DERM, the City, Broward County, State of Florida, and Florida Building Code), which bear on the performance of the Work. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the- protection of its employees, as well as the public and City employees, All riggings and scaffolding shall be constructed with good sound materials, of adequate dimensions for their intended use, and substantially braced, tied or secured to ensure absolute safety for those required to use it, as well as those on the it aii'ty _ All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with all Federal, State and local regulations. GC -19 - DUST PREVENTION - The Contractor shall, by means of a water spray, or temporary asphalt pavement, take all necessary precautions to prevent or abate a dust nuisance arising from GC-7 dry weather or Work in an incomplete stage. All costs of this Work shall be included in cost of other parts of the Work. Should the Contractor fail to abate a dust nuisance by the above methods, and then he will be required to immediately construct temporary patches per City standards. GC » 20 - PLACING BARRICADES AND WARNING LIGHTS - The Contractor shall furnish and place, at his own expense, all barricades, warning lights, automatic blinker lights and such devices necessary to properly protect the work and vehicular and pedestrian traffic. Should the Contractor fail to erect or maintain such barricades, warning lights, etc., the City Engineer may, after 24 hours' notice to the Contractor, proceed to have such barricades and warning lights placed and maintained by City or other forces and all costs incurred thereof charged to the Contractor and may be retained by -the City from any monies due, or to become due, to the Contractor. GC - 21 - 'TRAFFIC CONTROL - The Contractorshall coordinate all Work and obtain, through the Engineering Department, any permits required to detour traffic or close any street before starting to work in the road. The following section: Part VI Traffic Controls for Street and Highway Construction and Maintenance Operations, MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, U.S. Department of Transportation Federal Highway Administration, 2009, or current edition; shall be used as a guide for requirement and placement of traffic control devices, signs and barricades. The City Engineer shall determine requirements for the above. The above publication is available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. In the event that a Maintenance of Traffic (MOT) Plan is required, the Plan shall be prepared by an A.A.S.T.A. certified technician. All traffic control devices, flashing lights, signs and barricades shall be maintained in working condition at all times. GC - 22 COORDINATION -- The Contractor shall notify all utilities, transportation department, etc., in writing, with a copy to the City Engineer before construction is started and shall coordinate his Work with them. The Contractor shall cooperate with the owners of any underground or overhead utility lines in their removal, construction and rearrangement operations in order that services rendered by these parties will not be unnecessarily interrupted. The Contractor shall arrange his Work and dispose of his materials so as to not interfere with the operation of other Contractors engaged upon adjacent work and to join his Work to that of others in a proper manner and to perform his Work in the proper sequence in relation to that of other Contractors all as may be directed by the City Engineer. Each Contractor shall be responsible .for any damage done by him or his agents to the work performed by another Contractor. The Contractor shall contact the Broward County Transportation Department and the Florida Department of Transpofation, as appicable, to ver;fiy and obtain location of any and all traffic conduits, loops, and street light underground services. GC - 23 - WATER - Bulk water used for construction, flushing pipelines, and testing shall be obtained from fire hydrants. Contractor shall make payment for hydrant meter at Treasury Billing Offcel stFloor, City Hall, 100 N. Andrews Avenue. With the paid receipt, contractor can pick up GC-8 9v hydrant meter at the utility location office. No. connection shall be made to a fire hydrant without a meter connected. GC-9 SPECIAL CONDITIONS PROJECT 11762 2012-2013 ANNUAL CONCRETE AND BRICK PAVERS GENERAL: The work consists of furnishing all labor, material, equipment and incidentals necessary for the construction of the contract items indicated by the Proposal within City streets, rights -of -way and other City -owned property. All work shall be in accordance with the City's CONSTRUCTION STANDARDS AND SPECIFICATIONS except where stated otherwise herein. All work shall be scheduled through the Office of the City Engineer. An official Departmental notification form (Work Order) will be given the Contractor containing the date, time, location sketch, and amount of work to be done as one job or work -order. This form will be the authorization -to start work. The Contractor shall commence each authorized portion of work within five (§J business days of notification. Upon notification and_prior to commencing work the Contractor -and Engineer shall reach an agreement as to the reasonable number of workincl days that will be required for the specific amount of work ordered (unless the notification form states the number of working days to be allowed). The work shall be completed within the number of working days agreed upon between the Engineer and Contractor, subject to extensions allowed by the Engineer due to unfavorable weather or other allowable causes substantiated by the Contractor. Suitable barricades and lights shall be placed by the Contractor to protect the public prior to the removal of sidewalk, curb, etc., and shall remain until replaced concrete is sufficiently hard to sustain pedestrian traffic. Barricades and lights shall be removed as soon as possible after placing concrete. The Contractor shall arrange his work and dispose of his materials so as not to interfere with the operations of other Contractors engaged upon adjacent work and in accordance with the Plans and Specifications, and perform his work in the proper sequence in relation to that of other Contractors,. all as may be directed by the Engineer. Each Contractor shall be held responsible for any damage done by him or his agents to work performed by another Contractor. The quantities of work in the Proposal section of this contract are rough approximations only. The total quantities of work to be included in this contract and actually performed may vary widely and some items may be completely eliminated depending upon the work that will be authorized- by the City during the period of this contract, by field conditions or--availability-of-funds. . The Contractor shall provide the city engineering inspector typed (Excel, Word, or similar) and signed off (by the contractor's project manager/s) as --built field quantities and/or measurements specific to , each Work Order (matching up with the City's format) within a maximum period of ten (10) working days after the Work Order is completed. Any pay request submitted to the City by the Contractor shall include this as -built data, and four (4) originally signed copies of the request (with completed work broken down specifically per contract line item). Pay requests shall also not exceed a period of (30) working dam following each Work order completion, as verified by the city engineering inspector. Submissions by the Contractor exceeding this time period shall not be considered for payment (barring unforeseen events, and/or without prior consent by the City). CONTRACT DATES: The termination date for issuance of V'` -ork Orders shall be when the funds are depleted or ia=r(2) years..from::effective:date;'o tFie; ag eern&i ' whichever comes first. All work orders issued before the contract termination must be campleted under this contract even if contract has expired. SC-1 SPECIAL CONDITIONS (Continued) PROJECT 11762 CONTRACT EXTENSION:. Prior to the end of the contract, the successful contractor shall be given the option of renewal for an additional three (3) one-year periods, by mutual agreement, in writing, at City's request. Renewal of this contract is limited by appropriations of funds for the subsequent year. MOBILIZATION AND DEMOBILIZATION: - This item includes moving of equipment on and off the job, traffic maintenance, insurance, and bonds. One (1) mobilization and demobilization will be allowed for work within one (1) square mile and on the same work -order. Once the Contractor starts work on a work -order, he shall remain on the job for the necessary number of consecutive working days until it is completed. The Engineering Inspection Supervisor shall determine when the work - order is completed. Leaving the job -before a work -order is completed makes the Contractor responsible for liquidated damages of $250 per day out for each day off the jobsite. CONCRETE CONSTRUCTION: All concrete strength gust be 3000 psi. The Contractor will be responsible for establishing the grade and squaring of the valve meter boxes and miscellaneous fixtures to the existing line and grades of the existing building and curb. Where a sidewalk under - drain is encountered, the Contractor will exercise care in the removal and replacement; however, if it is constructed in such a manner that it is impossible to salvage, the City will supply the necessary materials and the Contractor will perform the work at no extra cost. WHEELCHAIR RAMPS: Existing concrete shall be neatly cut on straight lines with a concrete saw and all excavated concrete and excess material shall be disposed of. A minimum of 9--feet of curb and gutter or curb shall be removed and replaced with standard drop curb with transitions to standard curb and gutter placed monolithically with minimum 6-inch-thick concrete sidewalk ramp and transitions to the remaining sidewalk. All ramps shall have detectable warning surface truncated dome as on detail specifications, epoxy -type installation, armor tile - cast in place or approved equal detectable warning surface on each ramp location. The Engineer will determine detectable warning surface color at time of application. Stabilized and compacted sub --base shall be provided for the support of the wheelchair ramp structure. Payment for wheelchair ramps will be made on the basis of the unit price bid for each wheelchair ramp, complete, in place. CONCRETE GRIN DINGfHORIZONTAL SAW -CUTTING: This item is for the grinding or horizontal saw cutting of concrete sidewalks and concrete header curbs. Grinding and horizontal saw cutting shall be performed so that the sidewalk surface has essentially the same or slightly rougher texture adjacent to either side of the joint or crack. The finished surface shall have a rectangular appearance consisting of a straight back line with no stray grinding marks. The adjacent concrete shall remain relatively untouched by the grinding process without scars or damage. Grinding or horizontal saw cutting will be performed using dry, horizontal carbide grinding equipment that will leave a non -slip surface. The finished slope shall be a maximum of 12A (127 back for V high). The Contractor shall remove and properly dispose of all residues from gn:nct&,ng1saw vL g process. Each grind shall leave a smooth transition to adjacent areas. See detail on page detain specifications. SC-2 SPECIAL CONDITIONS (Continued) PROJECT 11762 1 ��rl1 �I 1 A �.-#SIP -��. •I r FDOT INLETS: Existing FDOT type storm drain inlets to be repaired shall have the top slab and as much of the gutter and inlet apron as may be necessary removed, disposed of; and reconstructed according to the Standard Drawing for FDOT Inlets. REINFORCED CONCRETE DEMOLITION: This work is for the demolition, hauling and disposal of any type of concrete structure, including but not limited to: walls, seawall caps, ramps, poles, posts, beams, columns, abutments, footers, footing, steps, etc. The demolition shall not extend beyond 36 inches below grade elevation. PAVER BLOCK REPLACEMENT., These items are for the removal of old broken or damaged paving blocks and replacement with new blocks of same type and color. These items include reworking the base material and addition or removal of sand -leveling course as necessary to replace the paving blocks to original grade and condition. . The sand -leveling course shall consist of 1-1/2-inch-minimum-thickness of clean (washed), sharp and coarse sand on a 1/8-inch sieve. Sand shall be free of salt contamination. An approved herbicide shall be applied per manufacturer's recommendations prior to installation of the paving blocks. Sand shall be screeded or leveled prior to replacement of the original paving blocks. (Refer to manufacturer's specifications for more detail.) PAVER BLOCK RESTORATION: These items are for the removal and replacement of same paving blocks that have settled or become misaligned. These items include reworking the base material and addition -or removal of sand -leveling course as necessary to replace the paving blocks to original grade and condition. The sand -leveling course shall consist of 1-1/2-inch-minimum-thickness of clean (washed), sharp and coarse sand on a 118-inch sieve. Sand shall be free of salt contamination. An approved herbicide shall be applied* per manufacturer's recommendations prior to installation of the paving blocks. Sand shall be screeded or leveled prior to replacement of the original paving blocks. (Refer to manufacturer's specifications for more detail.) CLAY BRICK P"E5R REPLACEMENT AND AREA RESTORATION: This item is for the removal of old broken and/or damaged clay brick pavers that have settled and/or become misaligned, and replacement with new paver bricks of similar size and color. TREE CRATES: All work performed on trees shall be in conformance with the CODE OF ORDINANCES OF THE CITY OF FORT LAUDERDALE, FLORIDA, Section 47-58.12(D) entitled "Tree Abuse." ROOT PRUNING: Ali work performed an -trees shall be in mormance with the CODE OF ORDINANCES OF THE CITY OF FORT LAUDERDALE FLORIDA, Section 47-58.12(D) entitled "Tree Abuse." Roots shall be pruned to within 6-inches of nearest concrete walk or curb, or unless agreed to by the Engineering Inspector. SC-3 SPECIAL CONDITIONS Continued} PROJECT 11653 MAINTENANCE OF TRAFFIC: Contractor shall be responsible for maintaining traffic in accordance with the Florida department of Transportation standards and all applicable local requirements. Contractor shall be responsible for obtaining all applicable permits for maintenance of traffic. PROTECTION AND RESTORATION OF SURVEY MONUMENTS The Contractor shall carefully protect from disturbances all survey monuments, stakes and bench marks, whether or not established by him, or he shall not remove nor destroy any surveying point until it has been properly witnessed or otherwise disposed of by the Engineer. All major survey monuments such as section corners, property corners, or block control points shall be replaced at the Contractor's expense with markers of a size and type approved by the Engineer. The replacement shall be under the supervision of a Florida Registered Land Surveyor. SURVEYING BENCH MARKS AND CONTROL POINTS: The City Surveyor will establish the initial benchmarks, control points, and one set of construction stakes for the median curb, at no charge to - the Contractor. The Contractor shall be responsible for requesting the construction stakes at least five working days in advance of when stakes will be needed. The Contractor is responsible -to protect and preserve all reference points and stakes established by the City Surveyor. In the event the stakes are damaged or moved, the Contractor shall be responsible for re-establishing the field reference points and stakes at his own expense. The City Surveyor will obtain all as-builts in approved format. All requests for survey work shall be directed through the City -Engineering Inspector. SC-4 DETAIL SPECIFICATIONS PROJECT 11762 2012-2013 ANNUAL CONCRETE AND BRICK PAVERS CONTRACT CITY OF FORT LAUDERDALE* OFFICE OF THE CITY ENGINEER NON -PENETRATING 'ICK HOLES 22 1 /4" 1 1 /2" COVER 20 1/2" MArCHiNED SURFACES MACHNED SURF 4" 28 7/2' FRAME 1. MAlEFtIAL• FRJWE AND COVER AS SPECIFIED. 2 ADDITIONAL GRADE RINGS MAY BE USED TO ELEVATE D(ISi1N6 MANHOLE FRAMES TO RESURFACED GRADE {MAX. 4' NEtOFI�,, 3. ALL DIMENSIONS ARE NOMINAL 4. OPTgNAI: HINGED FRAME AND COVER AS SPECIFIED. MANHOLE FRAME do COVER 8201 o�aE; F$`06 W-ma s N.T.S. MANHOLE FRAME AND COVER UNPAVED AREAS 201 ,w, DETAIL SPECIFICATIONS 8 0 s V- Nm N A in m 7� i i a PROJECT 11762 C of Four uuoeRmamm OFFICE OF THE CITY ENGINEER in WIDE EXPANSION JOINT PREMOULDED FILLER (TYP.) EXPANSION JOINT 4" THICK CONCRETE TYP. i" WIDE, 4" DEEP (SEE NOTE NO. 1 FOR EXCEPT10NS). SAWCUTS (TYP.) ALL RADII Xw 'y .' wy. Y •t .� �:• !!.. �.•..•' ,, •'•it ! •�. ,.: t .. i •.��. y IL- .. is =f~. wat•Ais�!'..•��i• •• •:•;� ' •�; s . . 1'• S �, ;w I. w`Rs :1•• •1��•'•.1 • s• r•�'• • �.3 : 1•. �'�•I . • �f A •2� _ ..1�1s';:y /.'D j�•'d• .w .� . �• �. '��.`s �•1'• Y t iJ � � •'�t1i"'�•:. + �•' i l 1'�' '�� ♦'fi I's, i .`�.' t. l�'•� � J' .. i•.. .• i r!•a +f fr it�•w.i .. _•:`•• ',=•p.Yt• !} v••4 .$ � r' tfF N a� s . t%'t�;. ��•�' �"i• .ti«.• M �.f �. f •'.Si*••�. �: �.l �.r•»✓•: .�y., ..'{..' .�•r♦ �'.I'a• .S.'�f lam:.. •}.. s,. •S •' rF.��t dti tt •1• j .in.P `!.: •a'. ��,,> :�7'•i Z •` �•�� l:. t �r.��:.•, I .•:. .•,.,✓wM:♦ �Yi�f♦ it •t is _.S••SS•.� �„•. r• r�t••�r 1. •.'��.td i• 2 �� � iF�.._S..w.'•1.•t_t•:t_I•`r �•.N�tI •�.. 11i1i_:J!�1l:Ja •. �: f?'.'�•.w•.. Ji. S»`� .j _t1•S d.•. •. f�.IP �.�; M..f'l`f•..�.s..-�i'-�.•. ..it 4. y�. �•:!�I'. •1! 5' FLAG 5' FLAG5' FLAG -2----- 5' FLAG 1' FINISH GRADE FILL 20' PROPERTY LINE 5' MIN. V 124W & J A V t^I ^ME- A IP 1' FINISH GRADE FILL COMPACTED EXISTING SUBGRADE NQMS-:. 1. A MINIMUM OF S" THICK SIDEWALK IS REQUIRED AT SIDEWALKS THROUGH DRIVEWAYS AND ON ALL COMMERCIAL SIDEWALK APPUCATIONS. 2. CONCRETE STRENGTH SHALL BE 3000 P.S.I. 3. THE USE OF REINFORCEMENT WILL NOT BE PERMITTED. 4. SIDEWALK SLOPES SHALL MEET THE REQUIREMENTS OF THE AMERICANS WITH DISABunES ACT (ADA). MOM JAN.282 I=" S D I ALK 00tO RLU Mom N.T.S. MARCH 209 CRAM W. 2.1 DS-2 DETAIL SPECIFICATIONS PROJECT 11762 CITY OF FORT LAUDERDALE OFFICE OF THE CITY ENGINEER 12"X12" ROUGH SAWN CEDAR RAILS 4--1 " 'WEATHERING STEEL FASTENERS • w • • w . . . . . . . w . . . . w . . . w ANY WOOD BELOW GRADE SHALL BE COATED WITH CREOSOTE, TAR OR OTHER APPROVED PRESERVATIVE r-- 8"X8' PRESSURE TREATED SOUTHERN PINE POST AT 12' O.C. N EXISTING GRADE TYPICAL WOOD RAIL FENCE POST 04/2012 =AM ' � N.T.S. TYPICAL WOOD RAIL W.D. DS-3 DETAIL SPECIFICATIONS ■ s PROJECT 11762 CITY OF FORT LAUDERDALE OFFICE OF THE CITY ENGINEER HANDRAIL TO BE AQA COMPLIANT /-20 DIA. GALVANIZED STEEL 'c, I5'-0" O.C. MAX. (TYP.)I MI I law 0 �y •-- TYP, EPDXY SET INTO 3" DIA. CORE DRILL _HANDRAIL r• w ra ,& . a A ■ & . #-rrr GLL ;JECT " z N • 3/4M DIA. GALVANIZED STEEL BOTTOM TO REJECT " c`+ 2" 09JECT ro TYP. EPDXY SET INTO 3" DIA. CORE DRILL 5AFE UARD (REDID FOR DROPS OF 300 OR GREATER) W: 04/2012 wALq N.T.S. UPAW W. HANDRAIL & SAFEGUARD W.D. DS-4 DETAIL SPECIFICATIONS PROJECT 11762 CITY OF FORT LAUDERDALE ot OFFICE OF THE CITY ENGINEER PAVEME:NT—i 2" 1 Y40R ; I�) A e Cr �4"R at olitirmop r_r-1.r� .�t. ;..-�.Y4w .. !�� �s:� �r��r �-Y�'�r�•r- r w+ ME co 8 DROP ►�Y+�:��.iY+tom �:���►:i�f:t �'��:��+:+ �%��� �`r�►��Y+�Z !!�i�+�• CUED :MF= MEE: E/ :o 2. ALL CONCRETE rr0 ` •'82 soK STANDARD CURB DETAILS C MumN.T.S. MARCH '09 GROW M 3.1 1 W2 DS-5 DETAIL SPECIFICATIONS PROJECT 11762 CITY OF FORT LAUDERDALE OFFICE OF THE CITY ENGINEER 40 ' 3 • ...-- - Ki ANN mum �• • ��i�•!�+ r:`,� �►' '�'� � �''!'�s•i�f'c r�i•i�+-� .•.. .r.-- w.. .r►— .ram ar. ... r�- r` rY-ry+�► r- +� rY••;�1» U1�..�r`,i�► =:1��+a�+:�W'iYr. DROP QUEB 1. ALL NQIE: UMEROCK $ MUST HAvE AN a,* THICK MINIMUM STABUZED BASE�.COMPACTED TO • DENSITY e•w • f CONCRETE2. ALL BE 3000 P.S.I. Mom JAN",82 saqm STANDARD CURB . D ETA f LS MomN.T.S. C MARCH `os DROM W. 3.1 s�It. 1f DS-6 i DETAIL SPECIFICATIONS CITY OF FORT LA "FICE OF THE Cl" PROJECT 11762 UDERDALE ENGINEER 12" 12" a n cc ° • a h 24'- ICTA PAVEMENT 50 �, �►, ter. �, �, •, �L �. �►, +a. fw m-m4 • V-GUTTE 1. ALL CURBS MUST HAVE AN 80 THICK MINIMUM STABIUZY-1 UMEROCK BASEs COMPACTED DENSITY a 0. 2. ALL CONCRETE aOM JAN • 382 scams MM N.T.S. MARCH I'o9 STANDARD CURB DETAILS C 3.1 2crI DS-7 DETAIL SPECIFICATIONS PROJECT 11762 CITY OF FORT LAUDERDALE OFFICE OF THE CITY ENGINEER 1. PUBLIC SIDEWALK CURB RAMPS SHALL BE CONSTRUCTED IN THE PUBLIC RIGHT OF WAY AT LOCATIONS THAT WILL PROVIDE CONTINUOUS UNOBSTRUCTED PEDESTRIAN CIRCULATION PATHS TO PEDESTRIAN AREAS, ELEMENTS, AND FACILITIES IN THE PUBLIC RIGHT OF WAY. AND TO ACCESSIBLE PEDESTRIAN ROUTES ON ADJACENT SITES. CURBED FACILITIES WITH SIDEWALKS AND THOSE WITHOUT SIDEWALKS ARE TO HAVE CURB RAMPS CONSTRUCTED AT ALL STREET INTERSECTIONS AND AT TURNOUTS THAT HAVE CURBED RETURNS. RAMPS CONSTRUCTED AT LOCATIONS WITHOUT SIDEWALKS SHALL HAVE A LANDING CONSTRUCTED AT THE TOP OF EACH RAMP, 2. THE LOCATION AND ORIENTATION OF CURB RAMPS SHALL BE AS SHOWN IN THE PLANS. 3. CURB RAMP RUNNING SLOPES AT UNRESTRAINED SITES SHALL NOT BE STEEPER THAN 1:12 AND CROSS SLOPE SHALL BE 0.02 OR FLATTER. TRANSITION SLOPES SHALL NOT BE STEEPER THAN 1:12. WHEN ALTERING PEDESTRIAN FACILITIES WHERE EXISTING SITE DEVELOPMENT PRECLUDES THE ACCOMMODATION OF A RAMP SLOPE OF 1:12, A RUNNING SLOPE BETWEEN 1:12 AND 1:10 IS PERMITTED FOR A RISE OF 6" MAXIMUM AND A RUNNING SLOPE OF BETWEEN 1:10 AND 1:8 IS PERMITTED FOR A RISE OF 3" MAXIMUM. WHERE COMPLIANCE WITH THE REQUIREMENTS FOR A CROSS SLOPE CANNOT BE FULLY MET, THE MINIMUM FEASIBLE CROSS SLOPE SHALL BE PROVIDED, RAMP RUNNING SLOPE IS NOT REQUIRED TO EXCEED 8' IN LENGTH, EXCEPT AT SITES WHERE THE PLANS SPECIFY A GREATER LENGTH. 4. IF A CURB RAMP IS LOCATED WHERE PEDESTRIANS MUST WALK ACROSS THE RAMP, THEN THE WALK SHALL HAVE TRANSITION SLOPES TO THE RAMP; THE MAXIMUM SLOPE OF THE TRANSITIONS SHALL BE 1:1..2. RAMPS WITH CURB RETURNS 'MAY BE USED AT LOCATIONS WHERE OTHER IMPROVEMENTS- PROVIDE -GUIDANCE AWAY FROM THAT PORTION OF THE CURB PERPENDICULAR TO THE SIDEWALK; IMPROVEMENTS FOR GUIDANCE ARE NOT REQUIRED AT CURB RAMPS FOR LINEAR PEDESTRIAN TRAFFIC. IWE JAN.'82 fwtim MARCH '09E • AMENDED FROM FDOT INDEX 304 N.T.S. Mom or. ADA CURB RAMPS (FOR DETAILS 04.2 - C4.9) DS-8 DETAIL SPECIFICATIONS PROJECT 11762 CITY OF FORT LAUDERDALE OFFICE OF THE CITY ENGINEER 5. CURB RAMP DETECTABLE WARNING SURFACE SHALL EXTEND THE FULL WIDTH OF THE RAMP AND IN THE DIRECTION OF TRAVEL 24" FROM THE BACK OF THE CURB, DETECTABLE WARNING SURFACES SHALL BE VANGUARD, ARMOR TILE, OR APPROVED EQUAL. 6. WHERE A RAMP IS CONSTRUCTED WITHIN EXISTING EXISTING CURB. CURB AND GUTTER, AND/OR SIDEWALK, THE EXISTING CURB OR CURB AND GUTTER SHALL BE REMOVED TO THE NEAREST JOINT BEYOND THE CURB TRANSITIONS OR TO THE EXTENT THAT NO REMAINING SECTION OF CURB OR CURB AND GUTTER IS LESS THAN 5' LONG. THE EXISTING SIDEWALK SHALL BE REMOVED TO THE NEAREST JOINT BEYOND THE TRANSITION SLOPE OR WALK AROUND OR TO THE EXTENT THAT NO REMAINING SECTION OF SIDEWALK IS LESS THAN 5' LONG. 7. DETECTABLE WARNING SURFACE COLOR SHALL CONTRAST WITH SURROUNDING SURFACE AS DIRECTED BY G11f ENGINEER (DEFAULT COLOR IS YELLOW). WE JAN.'82 MARCH '09 Ll * AMENDED FROM FDOT INDEX 304 s N.T.S. oRM W. ADA CURB RAMPS (FOR DETAILS 04.2 - 04.9) C 4.1 : ar : I DS79 DETAIL SPECIFICATIONS PROJECT 11762 CITY OF FORT LAUDERDALE OFFICE OF THE CITY ENGINEER OMIT JOINTS ON"�") CURB RAMPS oaaja �DOQQO a oopoo o _ aoaoa UTILITY TRIP w .P. TURNOUT - OR SIDE STREET * AMENDED FROM FDOT INDEX 304 a� JANa882 W. ICAL PLACEMENT OF PUBLIC SIDEWALK c Mom N.T.S. owwn+ W. CURB RAMPS AT CURBED RETURNS 4'� DS-10 DETAIL SPECIFICATIONS PROJECT 11762 CITY OF FORT LAUDERDALE OFFICE OF THE CITY ENGINEER WHE wM4 11117 ro 0, SInFWAI K / t Ml ITY SIP * AMENDED FROM FDOT INDEX 304 o�. JAN.82 N.T.S. TYPICAL PLACEMENT OF PUBLIC SIDEWALK MOM MARCH ' 09 CURB RAMPS AT CURBED RETURNS 4.2 ZW2 DETAIL SPECIFICATIONS PROJECT 11762 CITY OF FORT LAUDERDALE OFFICE OF THE CITY ENGINEER 6"X5.6" OR 6"X 12" LOCATED VARIES 180 PAVEMENT a LANDINGfE —2 1 RELIEF 0, 0; �w 35 i = 1 THROUGHSAW ► ► AND LMDINM M UPPER LM121hirz -Al blORM& SIDEWALK U13IM0 • AMENDED FROM FDOT INDEX 304 WE J N.'s1 wmLl N.T.S. MARCH 109 Dow W. DIMENSIONAL FEATURES FOR PUBLIC C SIDEWALK RAMPS WHERE RAMP AND 4.3 LANDING DEPTH ARE NOT RESTRICTED BY R1W It DS-12 DETAIL SPECIFICATIONS PROJECT 11762 CITY OF FORT LAUDERDALE OFFICE OF''THE CITY ENGINEER yip• - UTIL.. �ry STRtP g GRASS OR PAVE. (1' MAN.) LANDING (4' MIN,) 1:12 ' LANDING (FLAT) Nam= mm Lmm SiRI *MAY BE REDUCED TO 3' IN RES I ICTED CONDMONS 6" X41 " OR 6"X12 SIDEWALK NIDEwALK * AMENDED FROM FDOT INDEX 304 am" JAN.1$2 sm DIMENSIONAL FEATURES FOR PUBLIC w SIDEWALK CURB RAMPS Alt HERE RAMP MARCH '09 Dow M. 4.4 AND LANDING DEPTH ARE RESTRICTED BY R/W DS-13 DETAIL SPECIFICATIONS 3 9 E E i, PROJECT 11762 CITY OF FORT LAUDERDALE OFFICE OF THE CITY ENGINEER * AMENDED FROM FDOT INDEX 304 am-, ccr.,08 SUM TYPICAL PLACEMENT OF DETECTABLE ROM N.T,S. MARCH ' D9 arvm wr. WARNING ON CURB RAMPS W.D. c 4.5 w: DS-14 PROJECT JjJ1762 DETAIL SPEGIFICATMONS CITY OF FORT LAUDERDALE OFFICE OF THE CITY ENGINEER IDEW&K N CURB (WHERE ° NECESSAFM 0 C,4 o°o c°o°a v°ovo °Qo°ov I : 2 l o00 0°0 I QO°O II °aov °vovo UTILITY STRIP oo00 oaoo * AMENDED FROM FDOT INDEX %lD4 `0:j:yWr TYPICAL PLACEN�ENT �� DETECTABLE C acr.N.T.S. 4.5 i cF 1 MMiCH 09 .D, 11�f AF�� I �G o w CURB lls RAn� IDS-15 ... .. . . : ........t .': DETAIL SPECIFICATIONS PROJECT 11762 CITY OF FORT LAUDERDALE OFFICE OF THE CITY ENGINEER S2" EDGE OF DETECTABLE WARNING 1.60" MIN. 2.4" MAX. 1.60' MIN., 2.40 MAX. 0 O 4 O 4 4 O O O 0 0 0 0 0 0 0 0 -'-�-' ON RAMPS THAT ARE PERPENDICULAR WITH THE CURB LINE" THE DOME PATTERN SHALL BE IN -LINE WITH THE DIRECTION OF TRAVEL ON RAMPS INTERSECTING CURBS ON A RADIUS, THE DOME PATTERN SHALL BE IN -LINE WITH THE DIRECTION OF TRAVEL TO THE EXTENT PRACTICAL. BASE--TO-BASE SPACING SHALL BE 0.65" MINIMUM BETWEEN DOMES. PLAN VIEW * 0.90 MIN. 1.4'" MAX, :cam. WME 0.020 THE TOP WIDTH 'OF THE D0ME­SHALL BE A' MINIMUM OF 50% AND A MAXIMUM OF 65X OF THE BASE DIAMETER. TRl1Wa= DOME * ALL SIDEWALK CURB RAMPS SHALL HAVE DETECTABLE WARNING SURFACE - THAT EXTEND THE FULL WIDTH OF RAMP AND IN THE DIRECTION OF TRAVEL 24 INCHES FROM THE BACK OF THE CURB. AMENDED FROM FDOT INDEX 304 WE ocr'*0$ wAm CURB RAMP DETECTABLE C N.T.S. DRAW m: MARCH 09 W.D. WARNING DETAIL 4.6 DS- 1 6 DETAIL SPECIFICATIONS PROJECT 11762 CITY OF FORT LAUDERDALE OFFICE OF THE CITY ENGINEER 1) CONTRACTOR SHALL GIVE SPECIAL ATTENTION TO ACHIEVE COMPACTION REQUIREI. MENTS AT AREAS ADJACENT TO EDGE RESTRAINTS, CATCH BASINS, AND UTILITY STRUCTURES. 2} CONTRACTOR SHALL FORM THE INTENDED SURFACE PROFILE OF THE BASE SO THAT THE PAVERS CAN BE PLACED ON A UNIFORM THICKNESS OF BEDDING SAND. 3) SURFACE OF COMPACTED BASE SHALL BE SMOOTH WITH A SURFACE SMOOTHNESS HNESS MAXIMUM TOLERANCE OF +/-- 3/8" OVER A 10 STRAIGHTEDGE. UNEVEN AREAS OF THE LIMEROCK BASE SURFACE MUST BE MADE LEVEL PRIOR TO PLACING THE BEDDING SAND. BEDDING SAND SHALL NOT BE USED TO COMPENSATE FOR AN UNEVEN BASE. 4} CONTRACTOR SHALL ENSU RE THAT ALL- SURROUNDINGS CONTAINING EDGES, BASE ARE COMPLETED PRIOR TO INITIATING PAVER INSTALLATION. AND COMPACTED 5} BEDDING SAND SHALL CONFORM TO ASTMC33 (CONCRETE SAND) WITH 0% PASSING N o.200 SIEVE. SPREAD BEDDING SAND AT OPTIMUM MOISTURE CONTENT EVENLY OVER BASE AND SCREED SAND TO AN EVEN THICKNESS OF 1 (+/-- 3 /1 fiin.). THE SCREEDED SAND SHOULD NOT BE DISTURBED. Y PAVERS IN THE PATTERN INDICATED. MAINTAIN STRAIGHT JOINT LINES. s} JOINTS BETWEEN PAVERS SHALL BE CONSISTENT AND BETWEEN 1/16 TO 1 /8 INCH WIDE. 7) AFTER A AREA OF PAVERS ARE PLACED, IT SHALL BE COMPACTED WITH A N E COMPACTOR, EXERTING 5000 LBS. VIBRATING PLAT OF CENTRIFUGAL COMPACTION FORCE, WITH SURFACE CLEAN AND JOINTS UNSANDED. A MINIMUM OF THREE LIBBER MAT OR ROLLER PASSES SHALL BE MADE. PLATE VIBRATOR SHALL HAVE A R FEET TO AVOID CHIPPING THE PAVERS. 8} JOINT SAND SHALL BE FINER THAN THE BEDDING SAND TO FACILITATE FILLING JOINTS. THIS CAN OBTAINED BY OF THE JOIN PASSING THE BEDDING SAND THROUGH A ' Na. 8 SIEVE. AFTER THE FIRST PASS OF THE PLATE 'COMPACTOR. DRY JOINTT PACTED REPEAT SAND SHALL BE' SWEPT INTO THE JOINTS AND THE PAVERS COM THE PROCESS S UNTIL THE JOINTS ARE FILLED WITH SAND. WET SAND SHALL NOT BE INSTALLED. 9} C 0 NTRACTO R SHALL LEAVE TOP OF PAVERS 3/ 16"1 ABOVE FINAL ELEVATION TO COMPENSATE FOR POSSIBLE MINOR SETTLING. 1 Q) ALL CUTS TO BE VERTICAL AND TRUE, NO EDGE PIECE TO BE SMALLER THAN 1 /3 FULL PAVER SIZE. orate JAN.'09 SrAm PAVERS WITH LIMESTONE BASE; N.T.S. ' 1.4 MARCH 109 '""�" � CONSTRUCTION NOTES 3 W 3 R.C. DS-17 DETAIL SPECIFICATIONS PROJECT 11762 CITY OF FORT LAUDERDALE OFFICE OF THE CITY ENGINEER O LL- CL w oow EL R (n r Lij 4(Aw o � � W � 0- - a Q� _L � O zJ W C] i% w 10 C3 3: cD i2 L,- db r En %o� 2w Y ca ci i O WRPE M Q Z r W O w U~U UCL 4U m� NO U 1-I- U C3� W �I M F-- a O C V) N :Q If - EL LA- 00 vt Li 0 00 99- ,m o- i: o W QU z4 LaU 0 0 mc ?Q� act 0O >Q Q42 c� U ��� C3 w (Z = I fm � J_ iW F-�V iR F-- a � (n 0 Z ° JAN.109 PAVERS WITH LIMESTONE BASE c MGM N.T.S. MARCH '09 or. 1.4 R.C. LONGITUDINAL SECTION ! CF 3 DS--18 DETAIL SPECIFICATIONS PROJECT 11762 CITY OF FORT LAUDERDALE ot- OFFICE OF THE CITY ENGINEER WmJwQ U >L< jaZ ixwo 3 ,�nz > >Q w0Z3 w�ampow o L. w x Q '� N � 0 a�Q LOF,,. ZLTiI O � z o Mtn <t F- F- EZ Loa i—r-pwta a o o p�Y :- W U / m r Z o il) Z M�Uwm 'WC3LLJ �, O r � O L!1 Q � '�f• D U w h- W W U � I- c o o �- Q x o o W o , _ n U<= o 00 O U%19 / Z N Ln NW w No0 V in W Mm JAN•!og WA PAVERS WITH LIMESTONE BASE c � N.T.S. MMCH 109 " or. 1.4 R.C. CROSS SECTION ,tea DS-19 DETAIL SPECIFICATIONS PROJECT 11762 CITY. OF FORT LAUDERDALE tt OFFICE OF THE CITY ENGINEER Sr 2' MAX. GRINDING wum EKIST. SIDEWALK REUNNING SIDEIMAiX THICXNESS-20 MIN. INTEGRITY INTACT SIDEWALK (SIDE ME1�1� NALx M REMAIN Nth CRACKS IN SIDEWALK) STRAIGHT BACK LINE mNG wrffu (2' UAX.I am 04/2012 N.T.S. CONCRETE SIDEWALK [}=�) GRINDING DETAIL W .D. 0 ■ DS-20 - DETAIL SPECIFICATIONS PROJECT 'I 17fi2 STAMPED ASPHALT SPECIFICATIONS Full Milling of Pavement for Flush Installation The installation area boundaries shall be saw -cut prior to excavating the pavement materials for a clean straight, full depth edge. All pavement materials shall be milled and all excess material removed. The depth of the milled area shall allow the depth of the imprint material to be maintained within a range of 0.6-inch to 0.8-inch depth across the entire installation. The existing pavement must be. free of cracks. The milling process will not necessary remove existing pavement cracks. SURFACE PREPARATION The pavement surface shall be dry and clean: free of all dirt, debris, salts, concrete admixtures and any chemical residues. A. Bituminous residue. must be removed from new pavement surface prior to. installation of ,= imprint. . B. Removal of contaminants may be done by brooming, compressed air, pressure washing or if necessary, 9 li ht--grit blasting. Wire brush may be used to remove loose or powdery materials. C. Surfaces with a high degree of porosity require a primer before imprint is installed. Therm pr imer rimer available from integrated Paving Concepts Inc. is the recommended primer. INSTALLATION OF IMPRINT Imprint is to be installed only by an accredited imprint installer. . A. Application temperature conditions: � B. Application Thickness.• imprint � pp 's to be -'applied at a thickness 'of 0.6-inch.to 0.8-inch. . C. For substrates that have properly installed control joints to the extent where possible, it is recommended to lay the imprint pattern in such a way that the natural joints of the pattern coincide with the construction joints in the substrate. To help mitigate reflective cracking through to the imprint, a construction joint coinciding with the substrate control joint must be installed in the imprint. . D. The imprint material shall be prepared for installation utilizing a heating kettle specifically designed for hot applied polymer modified synthetic asphalt surface treatment and capable of mixingcomponents to a homogenous consistency. The material shall be heated within the p � � the integrity temperature range of 374 F --- 410 F prior to installation. To preserve g y of the material, do not overheat the imprint material. E. The imprint material shall be uniformly distributed onto the pavement surface by means of pre- heated finishing irons. DS-21 DETAIL SPECIFICATIONS STAMPED ASPHALT SPECIFICATIONS (Continued) PROJECT 11762 F. The heated and mixed material is hand applied over the prepared surface at an average depth of between 0.6-inches and 0.8-inches. Grade control devices may be used by the accredited imprint installer to ensure the proper thickness is obtained. G. interface with adjacent surfaces shall be flush, providing smooth transition from surface to surface. Precautions to protect the immediate perimeter around the installation are to be taken. H. Applying the sand cover: Immediately apply the dried silica sand at an approximate rate of 0.2 lb./SF. The placement of this material does not require any compaction. 1. Imprinting the pattern design: The accredited imprint installer will stamp the pattern into the semi -molten material immediately after the silica sand application using an approved mold. The mold is pressed into the material to a depth of between 0.2 inches and 0.04 inches, depending on the thickness of the material. J. After initial set, remove excess aggregate by hand or suction sweeping prior to opening to traffic. K. Heat all cold edges to ensure good adhesion between successive applications of material. 11 DS-22 PROJECT 11762 Contractor Performance Evaluation Work Order: Dater Performance Ranking 1 CRITERIA 1 2 3 4 1 SAFETY Contractor is in compliance with Florida Trench Safety Act. Contractor is maintaining his HASP and AHA. Contractor uses tem ora controls to rotect public. 2 SUPERVISION Contractor provides adequate, experienced and competent supervision for his own crews and the work of sub -contractors. 3 SCHEDULE Contractor is making timely and complete submittal of construction schedules in P3 format and diligently pursues completion of the work to meet the construction schedule of the Work Order. 4 QUALITY Contractor is maintaining access and meeting MOT requirements. Completed construction is meeting contract requirements, quality standards and passing inspection with a minimum of rework. Contractor work passes testing without rework. Contractor is ready for testing when scheduled. Contractor uses specified and approved materials. 5 SUBMITTALS Contractor's submittals are complete, timely and accurate. 6 UTILITY CONFLICTS . Contractor notifies Sunshine State One -Call and affected utilities before commencing work. Contractor verifies utility locations. 7 PROJECT RECORDS Contractor is keeping and making timely and accurate submittal of required construction progress records. Contractor is making timely submittal of required contract close --out records. 8 TIMELY NOTIFICATIONS Contractor meets requirements for advance notice of utility shutdowns, system operation, notification to residents, police and fire department of street closings, testing, and demolition. - 9 CONTRACTOR COORDINATION Contractor cooperates with other contractor activities in the project area. Contractor coordinates with utility operations. Contractor coordinates activities to minimize disruption to Owners operations and provide continued access.. 16 PAYMENT I Contractor is making timely submittal of sufficient and accurate progress payment requests and does not make unjustified claims for additional expenses. . CPE-1 PROJECT 11762 Contractor Performance Evaluation (Continued) 11 JORSITE MAINTENANCE Contractor maintains construction site in accordance with contract requirements. Contractor provides timely restoration in accordance with contract provisions. Contractor manages site drainage and dewatering in accordance with the contract requirements. " 12 RESIDENT COMPLAINT RESPONSE Contractor is responsive and prompt in efforts to resolve resident complaints related to construction activities. Contractor does not unduly interrupt residential services, Total Points 1. Performance ranking is low to high Knot in compliance) 4(fully compliant) Construction Contractor Performance Assessment Procedure The Construction Manager, Supervisor of inspectors, and Program Construction Manager will meet monthly and evaluate Contractor performance concurrent with the Contractor's progress payment request for each active Work Order. Rankings of 2 (non-compliance) will require supporting annotation detailing the basis of decision. A Contractor's ranking on a monthly basis- will range from 12 (complete non-compliance) to 48 (full -compliance). The monthly performance ranking will become part of the formal program and is to be the basis for recommendation for performance correction actions on the part of the Contractor. A monthly ranking, of less than 70% of full compliance or 34 points will be considered unacceptable. Results and the need for corrective action will be discussed with the Construction_ Contractor's Project Superintendent at the next. construction progress meeting. . The Program Construction Manager will maintain a graphical representation of the Contractor's monthly performance ranking throughout the course of the project. When an additional Work Order is being considered for assignment, the Construction Manager will meet with the Program Manager and the Program Director to make a recommendation on the award of subsequent work. An average total ranking of less, than 70% will be considered unacceptable although continued improvement and the specific nature of the project may be taken into consideration. The decision to recommend or to not recommend award of subsequent work will be based- upon the current assessment of the Contractor's performance, the Construction Contractor's responsiveness to requests for improvement (as evidenced by graphical trend), and upon other such factors relating *to the City's best interests as might arise during the course of the grogram. Contractors with aggregate rankings of less than 70% may be precluded from bidding on future General Construction services contracts issued by the City. C PE--2 (1) PUBLIC WORKS DEPARTMENT (ENGINEERING AND ARCHITECTURAL SERVICES) PROJECT 11762 IMPROVEMENT OR PROJECT NO. 2012-2013 ANNUAL CONCRETE AND PAVER BRICKS C:ONTRACT.(VOLUME 1 of 2) nCOCRIPTION CONTRACTOR UNIT PRICE CONTRACT AMOUNT COMMISSION APPROVAL DATE CITY OF FORT LAUDERDALE' CONSTRUCTION AGREEMENT THIS AGREEMENT made and entered into this 21 day of August, 2012, b and 9 Y between the City of Fort Lauderdale, a Florida municipal Corporation (City) and Straightline Engineering Group, (Contractor), (parties), WHEREAS, the City desires to retain a contractor for the Project as expresses in its Invitation to Bid/Request for Proposals No.223-11030, which was opened on July 11, 2012; and, WHEREAS, the Contractor has expresses its willingness and capability to perform the necessary work to accomplish the Project. NOW, THEREFORE, the City and the Contractor, in consideration of the mutual covenants and conditions contained herein and for other good and valuable consideration, the receipt an sufficiency is hereby acknowledged, agree a-s-- follows: ARTICLE 1 — DEFINITIONS Whenever used in this Agreement or in other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural forms: 1.1 Agreement -- This written agreement between the City and the Contractor covering the work to be performed including other Contract Documents that are attached to or incorporated in the Agreement. 1.2 Application for Payment — The form accepted by the City which is to be used by the Contractor in requesting progress or final payment and which is to include such supporting documentation as is required by the Contract Documents 1.3 AArmrove — The word approve is defined to mean review of the material, equipment or methods for general compliance with design concepts and with the design concepts and with the information given in the Contract Documents. It does not imply a responsibility on the part of the City to verify in every detail conformance with plans and specifications. 1.4 Bid -- The offer or Bid of the Contractor submitted on the prescribed form setting forth the total prices for the Work to be performed. 1.5 Bid Documents —This Agreement, advertisement for Invitation to Bids, the Instructions to Bidders, the Bid Form (with supplemental affidavits and agreements), the Contract Forms, General Conditions, the Supplementary Conditions, the Specifications, and the Plans, which documents all become an integral part of the Contract Documents. 1.6 Certificate of Substantial Corn letion - Certificate provided by the City certifying that all Work, excluding the punch list items, has been completed, inspected, and accepted by the City. C-1 1.7 Change Order A written order to the Contractor signed by the City authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract time issued on or after the Effective Date of the Agreement. 1.8 CSC -- The City of Fort Lauderdale, Florida including but not limited to its employees, agents, officials, representative, contractors, subcontractors, volunteers, successors and assigns, with whom the Contractor has entered into the Agreement and for whom the Work is to be provided. The Project Manager, or designee, shall be the authorized agent for the City unless otherwise specified. 1.9 Contract Documents -- The Contract Documents shall consist of this Agreement, the Drawings, Plans and Specifications, Notice to Proceed, Certificate(s) of Insurance, Payment and Performance Bonds and any additional documents that are required to be submitted under the Agreement, and all amendments, modifications and supplements, change orders and work directive changes issued on or after the Effective Date of the Agreement. 1.10 Contract Price -- The moneys payable by the Contractor under the Contract Documents as stated in the Agreement. 1.11 Contract Time -- The number of calendar days stated in the Agreement for the completion of the Work. The dates on which the work shall be started and shall be completed as stated in the Notice to Proceed. 1.12 Contractor -- The person, firm, company, or corporation with whom the City has entered into the Agreement, including but not limited to its employees, agents, representatives, contractors, subcontractors, their subcontractors and their other successors and assigns. 1.13 Day —A calendar day of twenty-four (24) hours ending at midnight. 1.14 Defective -- An adjective which when modifying the work "Work" refers to work that is unsatisfactory, faulty, or deficient, or does not conform to the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents, or has been damaged prior to the Project Manager's recommendation of final payment. 1.15 Effective Date of the Agreement -- The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the Parties to sign and deliver. 1.16 Final Com,,, letion Date -- The date the Work is completed, including completion of the final punch list, and delivered along with those items specified in the Contract Documents and is accepted by the City. 1.17 Hazardous Materials (HAZMAT} - Any solid, liquid, or gaseous material that is toxic:, flammable, radioactive, corrosive, chemically reactive, or unstable upon prolonged storage in quantities that could pose a threat to life, property, or the environment C-2 defined in Section 101(14) of Comprehensive Environmental Response, Compensation and Liability Act of 1980 and in 40 CFR 300.6). Also defined by 49 CFR 171.8 as a substance or material designated by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce and which has been so designated. 1.18 Hazardous Substance -As defined by Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act; any substance designated pursuant to Section 311(b) (2) (A) of the Clean Water Act; any element, compound, mixture, solution or substance designated pursuant to Section 102 identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act {but not including any waste listed under, Section 307[a] of the Clean Water Act); any hazardous air pollutant listed under Section 112 of the Clean Air Act; and any imminently hazardous chemical substance or mixture pursuant to Section 7 of the Toxic Substances Control Act. The term does not include petroleum, including crude oil' or any fraction thereof, which is not otherwise specifically listed or designated as a hazardous substance in the first . , sentence of this paragraph, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel for mixtures of natural gas and such synthetic gas). 1.19 Hazardous Waste - Those solid wastes designated by OSHA in accordance with 40 CFR 261 due to the properties of ignitability, corrosivity, reactivity, or toxicity. Any material that is subject to the Hazardous Waste Manifest requirements of the EPA specified in 40 CFR Part 262. 1.20 Holidays Those designated non --work days as established by the City Commission of the City of Fort Lauderdale. 1..21 Inspection -- The term "inspection" and the act of inspecting as used in this Agreement is defined to mean the examination of construction to ensure that it conforms to the design concept expressed in the plans and specifications. This term shall not be construed to mean supervision, superintending and/or overseeing. 1.22 Notice of Award - The written notice by City to the Contractor stating that upon compliance by the Contractor with the conditions precedent enumerated therein, within the time specified that the City will sign and deliver this Agreement. 1.23 Notice to Proceed -- A written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run and on which the Contract Time will end. 1.24 Plans - The drawings which show the character and scope of the work to be performed and which have been prepared or approved by the City and are referred to in the Contract Documents. 1.25 Premises (otherwi in as Site or Work Si facilities, etc. upon which the Work is to be performed. C-3 - means the land, buildings, 1.26 P, • roject — The total construction of the Work to be provided as defined in the Contract Documents. 1.27 Project, Mana er - The employee of the City, or other designated individual who is herein referred to as the Project Manager, will assume all duties and responsibilities and will have the rights and authorities assigned to the Project Manager in the contract Documents in connection with completion of the Work in accordance with this Agreement. 1.28 Punch List - The City's list of Work yet to be done or be corrected by the Contractor, before the Final Completion date can be determined by the City. 1.29 Record Documents - A complete set of all specifications, drawings, addenda, modifications, shop drawings, submittals and samples annotated to show all changes made during the construction process. 1.3o Record Drawings or "As-Builts" - A set of drawings which show significant changes in _.,, .....�._.—.. a ._.. the work made during construction and which' are usually based on drawings marked up in the field and other data furnished by the contractor. These documents will be signed and sealed by the Engineer of Record or a Professional Land Surveyor licensed in the State of Florida. 1.31 Substantially Compl_. , Date — A date when the Contractor has requested in writing, stating that the Work is substantially completed and is ready for an inspection and issuance of a final punch list for the Project. 1.32 Wok -- The entire completed delivered product or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating material and equipment into the product, all as required by the Contract Documents. ARTICLE 2 — SCOPE OF WORK 2.1 The Contractor shall complete all work as specified or indicated in the Contract Documents. The Project for which the .Work under the Contract Documents may be the whole or only part is generally described as follows: i i 2012-2013 Annual Concrete and Brick Pavers Contract ITB ## PROJECT 11762 2.2 All Work for the Project shall be constructed in accordance with the Drawings and Specifications. The. Work generally involves: PROJECT DESCRIPTION The project covers the entire City of Fort Lauderdale. City Engineering Division will authorize work order to the contractor to repair broken sidewalk, curb, gutter, pavers, and stamped asphalt. Some work may require trimming and cutting of the tree roots. Work orders may have individual location or multiple locations. C-4 5 2.3 Within ten (10) days of the execution of this Agreement, the Contractor shall submit a Construction Schedule, Schedule of Values and a listing of those subcontractors that will be utilized by the Contractor. The general sequence of the work shall be submitted by the Contractor and approved by the City before any work commences. The City reserves the right to issue construction directives necessary to facilitate the Work or to minimize any conflict with operations. 0 ARTICLE 3 -- PROJECT MANAGER 1 3.1 The Project Manager is hereby designated by the City as Albert Carbon whose address is N 100 Andrews Avenue, Ft. Lauderdale, FI. 33301. The Project Manager will assume all duties and responsibilities and will have the rights and authorities assigned to the Project Manager in the Contract Documents in connection with completion of the Work in accordance with this Agreement. ARTICLE 4 — CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement between the City and Contractor are attached to this Agreement, are made a part hereof and consist of the following. 4.1 This Agreement. 4.2 ' ' . N/A 4.3 Public Construction Bond, Performance Bond, Payment Bond and Certificates of Insurance. 4.4 Notice of Award and Notice to. Proceed. 4.5 General Conditions as amended by the Special Conditions. 4.6 Technical Specifications. 4.7 Plans N/A 4.9 Bid Form and supplement Affidavits and Agreements. 4.10 All applicable provisions of State and Federal Law and any modification, including Change Orders or written amendments duly delivered after execution of Agreement. 4.11 Invitation to Bid No. 223-11030, Instructions to Bidders and Bid Bond. 4.12 Contractor's response to the City's Invitation to Bid No. 223-11030 date July 11, 2012. 4.13 Schedule of Completion and Schedule of Values. C-5 s i 4.14 Permits on file with the City and or those permits to be obtained shall be considered directive in nature and will be considered a part of this Agreement. A copy of all permits shall be given to the City for inclusion in the Contract Documents. Terms of permits shall be met prior to acceptance of the Work and release of the final payment. There are not Contract Documents other than those listed in this Article 4. The Contract Documents may only be altered, amended, or repealed in accordance with the provisions of 3 the terms of this Agreement. In the event of any conflict between the documents or any ambiguity or missing specification or instruction, the following priority is established: a. Specific direction from the City Manager (or designee) b. This Agreement dated August 21, 2012 and any attachments. C. Invitation to Bid No. 223-11030 and the specifications prepared by the City. d. Contractor's response to the City's Invitation to Bid No. 223-11030 date July 11, 2012 e. Schedule of Values. f. Schedule of Completion. 3 If during the performance of the Work, Contractor finds a conflict, error or discrepancy in the Contract Documents, Contractor shall so report to the Project Manager, in writing, at once and before proceeding with the Work affected shall obtain a written interpretation or clarification from the City. F It is the intent of the specifications and plans to describe a complete Project to be constructed in accordance with the Contract Documents. Any Work that may reasonably be inferred from the specifications or plans as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials, or equipment, such works shall be interpreted in accordance with such meaning. Reference to standard specifications, manuals or codes of any technical society, organization or associations, or to the code of any governmental authority whether such reference be specific or implied, shall mean the latest standard specification, manual or code in effect as of the Effective Date of this Agreement, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of the City, the Contractor, or any, of their agents or employees from those set forth in the Contract Documents. ARTICLE 5 — CONTRACT TIME 5.1 The Contractor recognizes that TIME IS OF THE ESSENCE. The Work shall If commence within 14 calendar days of the date of the Notice to Proceed. 5.2 The Work shall be Substantially Completed within calendar days after the date when the Contract Time commences to run as provide in the Notice to Proceed. i 5.3 The Work shall be finally completed on the Final Completion Date and ready for final payment ment in accordance with this Agreement with calendar days after the date when the Contract Time Commences to run as provide in the Notice to Proceed. ARTICLE S -- CONTRACT PRICE 3 6.1 City shall pay Contractor for performance of the Work in accordance with Article 7, subject to additions and deletions by Change Carder as provided for in this Agreement, in the lump sum amount of (Unit Price Contract) 6.2 The parties expressly agree that the Contract Price is line item lump sum and/or unit prices, in accordance with those items in the Bid, which are subject to unit prices. 6.3 The Contract Price constitutes the compensation payable to Contractor for performing the Work plus any Work done pursuant to a Change Order. All duties responsibilities and obligations assigned to or undertaken by Contractor shall be at Contractor's expense without change in the Contract price. ARTICLE 7 — PAYMENT PROCEDURES 7.1 Contractor shall submit Applications for Payment in accordance with the Contract Documents. Applications for Payment will be processed by City as provided in the General Conditions. 7.2 Progress Payments. City shall make progress payments on account of the Contract Price on the basis of Contractor's monthly Applications for Payment, which shall be submitted by the Contractor between the first (1s) and the tenth (10th) day after the end of each calendar month for which payment is requested. All progress payments will be made on the basis of the p rog ress of the Work completed. 7.3 Prior to Final Completion, progress payments will be made in an amount equal to ninety percent (90%) of the value of Work completed less in each case the aggregate of payments previously made. 7.4 Final Payment. Upon final completion of the Work in accordance with the General Conditions, as may be supplemented, the City shall pay Contractor an amount sufficient to increase total payments to one -hundred percent (100%) of the Contract Price. However, not less than ten percent (10%) of the Contract Price shall be retained until Record Drawings (as'-builts), specifications, addenda, modifications and C-7 shop drawings. Including all manufacturers' instructional and parts manuals are delivered to and accepted by the City. 7.5 The City shall make payment to the Contractor in accordance with the Florida Prompt Payment Act, Section 218.70, Florida Statutes. 7.6 The City shall make payment to the Contractor through utilization of the City'f,; P-Card Program. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS In order to induce the City to enter into this Agreement, Contractor makes the following representations upon which the City has relied: 8.1 Contractor is qualified on the field of public construction and in particule r to perform the Work and services set forth in this Agreement. 8.2 Contractor has visited the Work Site has conducted extensive tests, examinations and investigations and represents and warrants a thorough familiarization with the nature and extent of the Contract Documents, the Work, locality, soil condi{:ions, moisture conditions and all year-round local weather and climate conditions (paFA and present), and, in reliance on such tests, examination and investigations conducted by Contractor and the Contractor's experts, has determined that no conditions exist V: at would in any manner affect the Proposed Price and that the project can be cc)mpleted for the Proposed Price submitted. Furthermore, Contractor warrants and confirms that he is totally familiar with, understands and obligates Contractor to compl'Y with all federal, state and local laws, ordinances, rules, regulations and all market col:lditions that affect or may affect the cost and price of materials and labor needed to fulfill all provisions of this Agreement or that in any manner may affect cost, progress orperformance of the Work. 8.3 The Contractor has satisfied itself as to the nature and location of the Work under the Contract Documents, the general and local conditions of the Proje t, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, and roads, the conforrnation and conditions at the ground based on City provided reports, the type of equipment and facilities needed preliminary to and during the prosecution of the Work and all other matters which can in any way affect the Work or the cost thereof under the Contract Documents. 8.4 The Contractor has also studied carefully all reports of investigations and tests of subsurface and latent physical conditions "at the site or (-)therwise affecting cost, progress or performance of the Works, and finds and has fi-irther determined that no conditions exist that would in any manner affect the Profosed Price and that the project can be completed for the Proposed Price submitted. 8.5 Contractor has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to thos a referred to in Paragraphs 8.21 8.3 and 8.4 above as he deems necessary for the pert'-ormance of the Work at the C-8 Contract Prices, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are, or will be, required by Contractor for such purposes. 8.6 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 8.7 Contractor has given City written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution by City is acceptable to the Contractor. 8.8 Labor 8.8.1 The Contractor shall provide competent, suitable qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. The Contractor shall at all times maintain good discipline and order at the site. 8.8.2 The Contractor shall, at all times, have a competent superintendent, capable of reading and thoroughly understanding the drawings and specifications, as the Contractor's agent on the Work, who shall, as the Contractor's agent, supervise, direct and otherwise conduct the Work. 8.8.3 The Contractor shall designate the superintendent on the job to the City, in writing, immediately after receipt of the Notice to Proceed. The Contractor understands and agrees that the superintendent's physical presence on the job site is indispensable to the successful completion of the Work. If the superintendent is frequently absent from the job site, the Project Manager may deliver written notice to the Contractor to stop work or terminate the Contract in accordance with Article 17. 8.8.4 The Contractor shall assign personnel to the job site that have successfully completed training programs related to trench safety, confined space and maintenance of traffic. A certified "competent person" shall be assigned to the job site. Personnel certified by the International Municipal Signal Associations with Florida Department of Transportation qualifications are required relative to maintenance of traffic. Failure to pursue the Work with the properly certified supervisory staff may result in notice to stop work or terminate the Contract in accordance with Article 17. 8.9 Materials: 8.9.1 The Contractor shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of Work. C-9 s 8.9.2 All material and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. Suppliers shall be selected and paid by the Contractor; the City reserves the right to approve all suppliers and materials. 8.10 Work Hours: Except in connection with the safety or protection of persons, or the Work, or property at the site or adjacent thereto, and except as otherwise indicated in the Supplementary Conditions, all work at the site shall be performed during regular working hours between 7 a.m. and 6:00 p.m., Monday through Friday. The Contractor will not permit overtime work or the performance of work on Saturday, Sunday or an legal holiday (designated by the City of Fort Lauderdale) without the Project Manager's written consent at least seventy two (72) hours in advance of starting such work. If the Project Manager permits overtime work, the Contractor shall pay for the additional charges to the City with respect to such overtime work. Such additional charges shall be a subsidiary obligation of the Contractor and no extra payment shall be made to the Contractor for overtime work. The cost to the Contractor to reimburse the City for overtime inspection is established at direct -labor and overtime costs for each person _..._._....._............._._.._...__._.- ._- __._._...._._.....__..... ....._. or inspector required. Incidental overtime costs for engineering, testing and other related services will also be charged* to the Contractor at the actual rate accrued. 8.11 Patent Fee and Ro alties: The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work, or any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. The Contractor hereby expressly binds himself or itself to indemnify and save harmless the City from all such claims and fees and from any and all suits and action of every name and description that may be brought against City on account of any such claims, fees, royalties, or costs for any such invention or patent, and from any and all suits or actions that may be brought against said City for the infringement of any and all patents or patent rights claimed by any person, firm corporation or other entity. 8.12 Permits: The Contractor shall obtain and pay for all permits and. licenses. There shall be no allowance for Contractor markup, overhead or profit for permits and licenses. The Contractor shall pay all government charges which are applicable at the time of opening of proposals. It shall be the responsibility of the Contractor to secure and pay for all necessary licenses and permits of a temporary nature necessary for the prosecution of Work. 8.13 Law and Regulations: The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Contractor observes that the specifications or plans are at variance therewith, the Contractor shall give the Project Manager prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modifications. If the Contractor performs any work knowing or having reason to know that it is contrary to such laws, ordinance, rules and regulations, and without such notice to the Project Manager, the Contractor shall bear all costs arising therefrom; however, it shall not be the Contractor's primary responsibility to make certain that the specifications and plans are in accordance with such laws, ordinances, rules and regulations. C-10 8.14 Taxes: The Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by him in accordance with the laws of the City of Fort Lauderdale, County of Broward, State of Florida. 8.15 Contractor Use of Premises: The Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workmen to areas permitted by law, ordinances, permits and/or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The Contractor shall not enter upon private property for any purpose without first securing the permission of the property owner in writing and furnishing the Project Manager with a copy of said permission. This requirement will be strictly enforced, particularly with regard to such vacant properties as may be utilized for storage or staging by the Contractor. The Contractor shall conduct his work in such a manner as to avoid damage to _. _ ._ _ _.... . .......... _.. _.. _ ......_........... _ . ....._.. _...._.... _...._ . _......___._._.. _..-..........._ _ _ _ _._. _ ;_ _._ _.... __ ....._ __ _.._ .... _ ............... - _ .._ ..._............_... _._ ._....__......_.. . adjacent private or public property. Any damage to existing structures of work of any kind, including permanent reference markers or property comer markers, or the interruption of a utility service, shall be repaired or restored promptly at no expense to the City. The Contractor will preserve and protect all existing vegetation such as trees, shrubs and grass on or adjacent to the site which do not reasonably interfere with the construction, as determined by the Project Manager. The Contractor will be responsible for repairing or replacing any trees, shrubs, lawns and landscaping that may be damaged due to carless operation of equipment, stockpiling of materials, tracking of grass by equipment or other construction activity. The Contractor will, be liable for, or will be required. to replace or restore at no expense to the City all vegetation not protected or preserved as required herein that may be destroyed or damaged. During the progress of the work, the Contractor shall keep the premises free from accumulations of waste materials, rubbish and debris resulting from the Work. At the completion of the Work, the Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials and shall leave the site clean and ready for occupancy by the City. The Contractor shall restore to their original condition those portions of the site not designated for alteration by the Contract Documents at no cost to the City. 8.16 Project Coordination: The Contractor shall provide for the complete coordination of the Construction effort. This shall include, but not necessarily be limited to, coordination of the following: 8.16.1 Flow of material and equipment from suppliers. 8.16.2 The interrelated work with affected utility companies. 8.16.3 The interrelated work with the City where tie-ins to required. C-11 existing facilities are 8.16.4 The effort of independent testing agencies. 8.16.5 Notice to affected property owners as may be directed by the Project Manager. t 8.17 Project Record Documents and As-Builts Record Drawin s : The Contractor shall • s keep one record copy of all specifications, plans addenda, modifications, shop drawings and samples at the site, in good order and annotated to show all changes made during the construction process. These shall be available to the Project Manager for examination and shall be delivered to the Project Manager upon completion of the Work. Upon completion of the project and prior to final payment, an as -built (record drawings) of the Project shall be submitted to the Project Manager. E The as -built drawings shall be signed and sealed by a Florida Registered Professional Surveyor -and Mapper, Engineer, Architect or Landscape Architect depending on the type drawing. 8.18 Safety and Protection: 8.18.1 The Contractor shall be responsible for initiating, .mainta ning____.,and _supery sin ............... ......__. ........._ ...._...._ . _......_ g all safety precautions and programs in connection with the Work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 8.18.1.1 All employees working on the project and other persons who may be affected thereby, 8.18.1.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site. 8.18.1.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 8.18.2 The Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property - or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners of adjacent property and utilities when prosecution of the Work may affect them at least seventy two (72) hours in advance (unless otherwise required). All damage, injury or loss to any property caused, directly or indirectly, in whole or in part by the Contractor, any subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by the Contractor. The Contractor's duties and responsibilities for safety and protection of the Work shall continue until such time as all the Work is completed and accepted by the City. 8.19 Emergenc1. ies: In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the City is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Project Manager prompt written C-12 notice of any significant changes in the Work or deviations from the Contract - Documents caused thereby. 8.19 Risk of Loss: The risk of loss, injury or destruction shall be on the Contractor until acceptance of the Work by the City. Title to the Work shall pass to the City upon acceptance of the Work by the City. 8.20 Environmental: The Contractor has fully inspected the -Premises and agrees, except as to the presence of any asbestos, to accept the Premises in an "as is" physical condition, without representation or warranty by the City of any kind, including, without limitation, any and all existing environmental claims or obligations that may arise from the presence of any "contamination" on, in or about the Premises. Further, Contractor and all entitles claiming by, through or under the Contractor, releases and discharges the City, from any claim, demand, or cause of action arising out of or relating to the Contractor's use, handling, storage, release, discharge, treatment, removal, transport, _ decontamination, cleanup, disposal and/or presence of any hazardous substances includin asbestos on, under, from or about the Premises. The Contractor shall have ......................._.....,........-...,......_...__._._._.. _...........,....._......__..._......................................._._....--,_..`..........._�_.......__..........__....r.._._..._.._.__.._..._ - -- ----._.._-..._....__.._.._`._,......._.... -.+_... -_...- _.. _.._--- --._....._._......._....._._.._.._.........-_....._......_.._..._...._............__....-_._......_._,.._....-...._..._._.._._.,._..._..._.._. no liability for any pre-existing claims or "contamination" on the Premises. The Contractor shall not use, handle, store, discharge, treat, remove, transport, or dispose of Hazardous Substances including asbestos at, in, upon, under, to or from the Premises until receipt of instructions from the City. As such time, a City approved Change Order, which shall not include any profit, shall authorize the Contractor to perform such services. The Contractor shall immediately deliver to the Project Manager complete copies of all notices, demands, or other communications received by the Contractor from any governmental or quasi -governmental authority or any insurance company or board of fire underwriters or like or similar entities regarding in any way alleged violations or potential violations of any Environmental Law or otherwise asserting the existence or potential existence of any condition or activity on the Premises which is or could be dangerous to life, limb, property, or.the environment. For other and additional consideration, the Contractor hereby agrees, at its sole cost and expense, to indemnify and protect, defend, and hold harmless the City and its respective employees, agents, officials, officers, representatives, contractors and subcontractors, successors, and assigns (hereafter the "City") from and against any and all claims, demands, losses, damages, costs, expenses, including but not limited to mitigation, restoration, and natural restoration expenses, liabilities, assessments, fines, penalties charges, administrative and judicial proceedings and orders, judgments, causes of action, in law or in equity, remedial action requirements and/or enforcement actions of any kind (including, without limitation, attorneys' fees and costs) directly or indirectly arising out of or attributable to, in whole or in part, the Contractor's use, handling, storage, release, threatened release, discharge, treatment, removal, transport, decontamination, cleanup, disposal and/or presence of a Hazardous Substance (excluding asbestos) on, under, from, to or about, the Premises or any other activity carried on or undertaken on or off the Premises by the Contractor or its employees, agents or subcontractors, in connection with the use, handling, storage, release, threatened release, discharge, treatment, mitigation, natural resource C-13 restoration, removal, transport, decontamination, cleanup, disposal and/or presence or any Hazardous Substance including asbestos located, transported, or present on, undue, from, to, or about the Premises. This inide► unity is intended to be operable under 42 U.S.C. sections 9607, as amended, and an,/ successor section. The scope of the indemnity obligations includes, but is not limited to: (a) all consequential damages; (b) the cost of any required or necessary repair, cleanup, or detoxification of the applicable real estate and the preparation and implementation of any closure, remedial or other required plan, inclur.ing without limitation; (i) the costs of removal or remedial action incurred by the Unite(.] Station government or the State of Florida or response costs incurred by any other person, or damages from injury to destruction of, or loss of, natural resources, including the cost of assessing such injury, destruction, or loss, incurred pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, as � imended; (ii) the clean-up costs, fines, damages, or penalties incurred pursuant to ar- y applicable provisions of Florida law; and (iii) the cost and expenses of abatement, correction or cleanup, fines, damages, responses costs, or penalties which arise frorr the provisions of any other statue, law, ....... regulation, code ordinance, or legal requirer lent state or federal; and (c) liability for personal injury or property damage arising i inder any statutory or common law tort theory, including damages assessed for the i naintenance of a public private nuisance, response costs, or for the carrying on of an aonormally dangerous activity. 8.21 ,No Extended Damages: For other and additional good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Contractor covenants and agrees that in the event of any delay of construction or for any other reason or allegation or claim, and notwithstanding the reason of the delay, reason, claim or allegation or who caused them or the construction delay or whether they were caused by the City, that there will be no entitlement to Contractor to or for any direct or indirect financial damages or losses for extended. corporate overhead impact, extended project overhead impacts, project support services, mobilization or demobilization or by whatever other label or legal concept or theory and types of names or labels or basis such claims may have, or any businese. damages or losses of whatever type or nature, and Contractor hereby waives any right to make any such claim or claims. This provision will have application and effc:ct when construction delays are anticipated and agreed upon by both the City and the Contractor. 8.22 No Liens: If any Subcontractor, supplier, laborer, or materialmen of Contractor or any other person directly or indirectly al'.ting for or through Contractor files or attempts to fie a mechanic's or construction I�{en against the real property on which the work is performed or any part or against any personal property or improvements or claim against any monies due or to t)ecome due from the City to Contractor or from Contractor to a Subcontractor, for or on account of any work, labor, services, material, equipment, or other items furnish ad in connection with the Work or any Change Order, Contractor agrees to satisfy, rcamove, or discharge such lien or claim at its own expense by bond, payment, or otherwise within twenty (20) days of the filing or from receipt of written notice from the: City. Additionally, until such time at; such lien or claim is satisfied, removed or discharged by Contractor, all monies due to Contractor, or that become due to Contractor before C-14 the lien or claim is satisfied, removed or otherwise discharged, shall be held by City as -- security for the satisfaction, removal and discharge of such lien and any expense that may be incurred while obtaining such. If Contractor shall fail to do so, City shall have the right, in addition to all other rights and remedies provided by this Agreement or by law, to satisfy, remove, or discharge such lien or claim by whatever means City chooses at the entire and sole cost and expense of Contractor which costs and expenses shall, without. limitation, include attorney's fees, litigation costs, fees and expenses and all court costs and assessments. 8.23 Weather,Emergnci,es: Upon issuance of a Hurricane Watch by the National Weather Service, the Contractor shall submit to the City a plan to secure the work area in the event a Hurricane Warning is issued. The plan shall detail how the Contractor will secure the Premises, equipment and materials in a manner as to prevent damage to the Work and prevent materials and equipment from becoming a hazard to persons and property on and around the Premises. The plan shall include a time schedule required to accomplish the hurricane preparations and a list of emergency contacts that will be available and in the Cit before durin and immediate) after the storm. �._.. __._....._....__...._............_......__.........................._....................... __..._ ....._ ......... Upon issuance of a Hurricane Warning by the National Weather Service, if the Contractor has not already done so, the Contractor shall implement its hurricane preparedness plan. Cost of development and implementation of the hurricane preparedness plan shall be considered as incidental to construction. Cost of any clean up and rework required after the storm will be considered normal construction risk within Florida and shall not entitle the Contractor to any additional compensation. Contractor shall be entitled to request an extension in time for completion of the Work, in accordance with the provisions of Article 15 of this Agreement, equal to the time he is shut down for implementation of the preparedness plan, the duration of the storm and a reasonable period to restore the Premises. 8.24 Force Ma'eure: No Party shall hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of the other party or that could not have been reasonably foreseen and prevented. For this purposes, such acts or circumstances shall include, but not be limited to weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protect demonstrations.. Should such acts or circumstances occur, the parties shall use their best efforts to overcome the difficulties arising therefrom and to resume the Work as soon as reasonably possible with the normal pursuit of the Work. Inclement weather, continuous rain for less than three (3) days or the acts or omissions of subcontractors, third -party contractors, materialmen, suppliers, or their subcontractors, shall not be considered acts of force majeure. No Party shall be liable for its failure to carry out its obligations under the Agreement during a period when such Party is rendered unable by force majeure to carry out its obligation, but the obligation of the Pa or Parties relying on such force majeure shall g g Party Y 9 J be suspended only during the continuance of the inability and for no longer period than the unexpected or uncontrollable event. C-15 The Contractor further agrees and stipulates, that its right to excuse its failure to perform by reason of force majeure shall be conditioned upon giving written notice of its assertion that a Force Majeure delay has commenced within 96 hours after such an occurrence. The CONTRACTOR shall use its reasonable efforts to minimize such delays. The CONTRACTOR shall promptly provide an estimate of the anticipated additional time required to complete the Project. ARTICLE 9 — CITY'S RESPONSIBILITES 9.1 The City shall furnish the data required of the City under the Contract Documents promptly and shall make payments to the Contractor promptly after they are due as provided in Article 7. 9.2 The City's duties in respect of providing lands and easements and providing engineering surreys to establish reference points are set forth in the Contract Documents. _..._............... ..........._._.__..._..._._...__.._........._..,_..-:......,,..............,...................... _.___.._......_... __..... .._____............. ,........,....... _...,.............. ........_._...__._.._............ _.............. ..... ..... ... ................ .,....._................,._......-..,.._..._...._........................................................... ..._.................... ,...... .................................................... ........__..........,.,.,.,.....,.................,,.,.................. 9.3 Technical Clarifications and Interpretations: 9.3.1 The City shall issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents as it may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. Should the Contractor fail to request interpretation of questionable items in the Contract Documents, the City shall not entertain any excuse for failure to execute the Work in a satisfactory manner. 9.3.2 The City shall interpret and decide matters concerning performance under the requirements of the Contract Documents, and shall make decisions on all claims, disputes or other matters in question. Written notice of each claim r dispute or other matter will be delivered by claimant to the other Party but in no event later than five (5) days after the occurrence of event, and written supporting date will be submitted to the other Party within five (5) days after such occurrence. All written decisions of the City on any claim or dispute will be final and binding. 9.4 The Contractor shall perform all Work to the reasonable satisfaction of the City in accordance with the Contract Documents. In cases of disagreement or ambiguity, the City shall decide all questions, difficulties, and disputes of whatever nature, which may arise under or by reason of this Agreement or the quality, amount and value of the Work, and the City's decisions on all claims, questions and determination are final. ARTICLE 10-- BONDS AND INSURANCE 10.1 Public Construction and Other Bonds: The Contractor shall furnish Public Construction or Performance and Payment Bonds ("Bond"), each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all the Contractor's obligations under the Contract Documents.' These Bonds shall remain in effect until at least one (1) year after the date of final except payment, t as Y p otherwise provided by law. All Bonds shall be furnished and provided by the surety C-16 and shall be in substantially the same form as prescribed by the Contract Documents and be executed by such sureties as (i) are licensed to conduct business in the State of Florida, and (ii) are named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department and (iii) otherwise meet the requirements set forth herein that apply to sureties. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 10.1.1 Performance Bond: A Corporate Surety Bond legally issued, meeting the approval of, and running to the City in an amount not less than the Contract Price of such improvements, conditioned that the Contractor shall maintain and ; make all repairs to the improvements constructed by the Contractor at their own expense and free of charge to the City, for the period of one (1) year after the date of acceptance of the Work within such period by reason of any imperfection of the material used or by reason of any defective workmanship, or any improper, imperfect or defective preparation . of the base upon which any,,,,,,..,.,. such improvement shall be laid. 10.2 D_g_ualification of Surety: If the Surety on any Bond furnished by the Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Florida or it ceases to meet the requirements of clauses (i) and (ii) of Paragraph 10.1, the Contractor shall within five (5) days thereafter substitute another Bond and Surety, both of which shall be acceptable to the City. 10.3 Insurance 10.3.1 Contractor shall provide and shall require all of its -sub-contractors to provide, pay for, and maintain in force at all times during the term of the Agreement, such insurance, including Property Insurance (Builder's Risk), Commercial General Liability Insurance, Business Automobile Liability Insurance, Workers' Compensation Insurance, Employer's Liability Insurance, and Umbrella / Excess Liability, as stated below. Such policy or policies shall be issued by companies authorized to do business in the State of Florida and having agents upon whom service of process may be made in the State of Florida. A. The City is required to be named as additional insured on the Commercial General Liability insurance policy. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Contractor. Any exclusions or provisions in the insurance maintained by the Contractor that precludes coverage for the work contemplated in this Agreement shall be deemed unacceptable, and shall be considered a breach of contract. B. The Contractor shall provide the City an original Certificate of Insurance for policies required by Article 10. All certificates shall state that the City shall be given ten (10) days notice prior to expiration or cancellation of C-17 the policy. The insurance provided shall be endorsed or amended to comply with this notice requirement. In the event that the insurer is unable to accommodate, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested and addressed to the Finance Department. Such policies shall: (1) name the insurance company or companies affording coverage acceptable to the City, (2) state the effective and expiration dates of the policies, (3) include special endorsements where necessary. Such policies provided under Article 10 shall not be affected by any other policy of insurance, which the City may carry in its own name. C. Contractor shall as a condition precedent of this Agreement, furnish to the City of Fort Lauderdale, c/o Project Manager, 100 N. Andrews Avenue, Fort Lauderdale, FL 33301, Certificate(s) of Insurance upon execution of Agreement, indicate . insurance coverage M been obtained which meets the requirements as outlined below: ♦ w i "•♦lr+ ♦r- a!w - !w ll r rr rr a ��♦1A! i r i a a+ a� r r + n r i L t a■ r+ a a i w w w ♦ ♦ r w w ♦ ♦ r w . ♦ ♦Mf ♦ ♦ r ♦ - L ! A ! • A ! r r ! ir il A - A ♦ 1 . ♦ r'Aof w ♦ '♦ ♦ '► ♦ • ♦ '♦ w w ! ♦ w ! 44 r r nblICOMAI a ♦V%d w +!♦ ♦ ♦ i1. ! ♦ ri i r■ nnel %09 a r r WWW 1%0KVNmf ll Ai i Ai i i + • r + r !! a + , ! r i + + i ! ♦ ♦ i • ♦ ♦ w ♦ . w r ♦ w w ♦ ♦ . r hr r r! rll raw ■ r r r a a a ii ! ! r! ♦ ♦ r . r ♦ w r ! w ♦ w ♦ r► 10.3.3 Commercial General Liability A. Limits of Liability: Bodily Injury and Property Damage -- Combined Single Limit Each Occurrence $11000,000 Project Aggregate $10000,000 General Aggregate $2,000,000- Personal Injury- $1,0001000 Products/Completed Operations $110001000 B. Endorsements Required: City of Fort Lauderdale included as an Additional Insured Broad Form Contractual Liability Waiver of Subrogation Premises/Operations Prod ucts/Completed Operations Independent Contractors Owners and Contractors Protective Liability Contractors Pollution Liability 10.3.4 Business Automobile Liability C-18 A. Limits of Liability: Bodily Injury and Property Damage - Combined Single Limit All Autos used in completing the contract Including Hired, Borrowed or Non -Owned Autos Any One Accident $1,000,000 B. Endorsements Required: Waiver of Subrogation 10.3.5 Workers' Compensation and Employer's Liability Insurance wwww.. i�i �i o� i i■� .n■wnnr■ru■w■.n wrrur� i ■■■w■�.�..w■■. ■n� Limits: Workers' Compensation — Per Florida Statute 440 Employers' Liability - $500,000 Any firm performing work on behalf of the City of Fort Lauderdale must provide Workers' Compensation insurance. Exceptions and exemptions can only be made if they are in accordance with Florida Law. Contractor must be in compliance with all applicable State and Federal workers' compensation laws, including the U.S. Longshore Harbor Workers' Act or Jones Act. .-- - - - -- - r -r.%vi F.- 7.1 711l v �. • • —ZiMM s LrAl • • • ♦ • • • • W • • v. .. ✓ • • • • v w • • • •• Oil lill . w r wV.117— .— 1L!!J= poll w =Mim11 WANE L•A"AR&W-M w ZL01_11117LWVELW r 71VwA ALw2 = mnla�,UIA .► 10.3.7 All insurance policies required. above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Contractor's insurance must be provided by an A.M. Best's "A rated or better insurance company authorized to issue insurance policies in the State of Florida, subject to approval by the City's Risk Manager. Any exclusions or provisions in the insurance maintained by the Contractor that precludes coverage for work contemplated in this project shall be deemed unacceptable, and, shall be considered breach of contract. NOTE: CITY PROJECT NUMBER MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Contractor of their liability and obligation under this section or under any other section of this Agreement. The Contractor shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the Project. If insurance certificates are scheduled to expire during the contractual period, the Contractor shall be responsible for submitting new or renewed insurance certificates to the City at a minimum, of thirty (30) calendar days in advance of such expiration. In the event that C-19 expired certificf ,tes are not replaced with new or renewed certificates that cover the contractual period, the City shall: A. Suspend the Agreement until such time as the new or renewed certificates are received by the City. E t _ B. The City may, at its sole discretion, terminate the Agreement for cause and seek damages from the Contractor in conjunction with the violation - of the terms and conditions of the Agreement. ARTICLE 11- WARRANTY AND GUARANTEE, TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.1 ,Warranty: The Contractor warrants and guarantees to the City that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to the Contractor. All defective work, whether or not in place, may be reJected, corrected ..o.r.. accepted....as ..provided... in this Article. _... _..... 11.1.1 Warrantyof Title: The Contractor warrants to the City that it possesses good, clear and marketable title to all equipment and materials provided and that there are no pending liens, claims or encumbrances against the equipment and materials. 11.1.2 Warranty o�pecifications: The Contractor warrants that all equipment, _ .materials and workmanship furnished, whether furnished by the Contractor, its subcontractors or suppliers, will comply with the specifications, drawings and pY p 9 other descriptions supplied or adopted and that all services will be performed in a, workmanlike manner. 11.1.3 Vlhnty of Merchantability: The Contractor warrants that any and all equipment to be supplied pursuant to this Agreement is merchantable, free form defects, whether patent or. latent in material or workmanship, and fit for the ordinary purposes for which it is intended. 11.2 Tests and Inspect_ The Contactor shall give the Project Manager timely (minimum of thirty six (36) hours) notice of readiness of the Work for all required inspections, q tests, or approvals. 11.2.1 If any law, ordinance, rule, regulation, code or order of any public body having jurisdiction requires any Work (or part thereof) to specifically be inspected, tested or approved, the Contractor shall assume full responsibility, pay all costs in connection therewith and furnish the Project Manager the required g q certificates of inspection, testing or approval. The Contractor shall also be responsible for and shall pay all costs in connection. with any inspection or testing required in connection with the City's acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment submitted for approval prior to the Contractor's purchase thereof for incorporation of the Work. C-2 0 T _ 11.2.2 All inspections, tests or approvals other than those required by law, ordinance, rule, regulation, code or order of any public body having jurisdiction shall be performed b the City or a professional testing firm designated by the City. p Y tY Y The City will pay for sampling and testing if the test results are passing. The Contractor will reimburse the City for sampling, testing,, and retesting costs associated with failing tests. 11.2.3 Neither observations by the Project Manager nor inspections, tests or approvals by others shall relieve the Contractor from his obligations to perform the Work in accordance with Contract Documents. 11.3 Uncovering Work: If any work that is to be inspected, tested or approved is covered without approval or consent of the Project Manager, it. must, if requested by the Project Manager, be uncovered for observation and/or testing. Such uncovering and replacement shall be at the Contractor's sole expense unless the Contractor has given the Project Manager timely notice of the Contractor's intention to cover such Work and the Project Manner has not acted with reasonable promptness in response to such _......_ _ _ ...1... _ g...... _ notice. 11.3.1 If the Project Manager considers it necessary or advisable that Work covered in g accordance with Paragraph 11.2.1, 11.2.2 and 11.2.3 be observed by the City or inspected or tested by others, the Contractor at the City's request, shall uncover, expose of otherwise make available for observation, inspection or testing as the Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, the Contractor shall bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including compensation for additional professional services, and. an appropriate deductive Change Order shall be issued. If, however, such work is not found to be defective, the Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection testing and reconstruction if he makes a claim therefor as provided in Articles 14 and 15. 11.4 Cily May Stop the Work: - If the Work is defective, or the Contractor fails to supply sufficient skilled supervisory personnel or workmen or suitable materials or equipment or the work area is deemed unsafe, the City may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other party. The City will not award any increase in Contract Price or Contract Time if the Work is stopped due to the circumstances described herein. 11.5 Correction or Removal of Defective Work Before Final Payment. if required by the Project Manager, the Contractor shall promptly, without cost to the City and as Specified by the Project Manager, either correct any defective Work, whether or not fabricated, installed or completed, or if the Work has been rejected by the City remove it from the site and replace it with non -defective Work. C-21 0 11.6 One Year Correction Period After Final Payment: If within one (1) year after the date of final acceptance, or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any work is found to be defective, the Contractor shall promptly, without cost to the City and in accordance with the City's written instructions, either correct such defective Work, or, if it has been rejected by the City, remove it from the site and replace it with non -defective Work. If The Contractor does not promptly comply with the terms of such instructions -or in an emergency where delay would cause serious risk of loss or damage, the City may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs for such removal and replacement, including compensation for additional professional services, shall be paid by the Contractor. 11.7 Acceptance of Defective Work Deductions: If, instead of requiring correction or removal and replacement of defective Work, the City, at the city's sole option, prefers to accept it, the City may do so. In such a case, if acceptance occurs..:prior . to .the.._. .._....._ ._.. . ............................................... ............... .._ -_ ....-............... ... Project Manager's recommendation of final payments, a Change Order shall be issued incorporating the necessary revisions in the Contracts Documents, including appropriate reduction in the Contract Price; or if the acceptance occurs after such recommendation, an appropriate amount shall be paid by the Contractor to the City. 11.8 City May Correct Defective Work: If the Contractor fails within a reasonable time after written notice of the Project Manager to proceed to correct defective Work or to remove and replace rejected Work as required by the Project Manager in accordance with Paragraph 11.5, or if the Contractor fails to perform the Work in accordance with g the Contract Documents, the City may, after seven (7) days written notice to the Contractor, correct and remedy any such deficiency. In exercising its rights under this paragraph, the City shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, the City may exclude the Contractor from all or part of the site, take possession of all or part of the Work, suspend the Contractor's services related thereto and take possession of the Contractor's tools, construction equipment and materials stored at the site or elsewhere. The Contractor shall -allow the City's representative agents and employees such access to the site as may be necessary to enable the City to exercise its rights under this paragraph. All direct and indirect costs of the City in exercising such rights shall be charged against the Contractor in an amount verified by the Project Manager, and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents and a reduction in the Contract Price. Such direct and indirect costs shall include, in particular but without limitation, compensation for additional professional services required and costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of the Contractor's defective Work. The Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the City of the City's right hereunder. ARTICLE 12 -- INDEMNIFICATION C-22 12.1 Disclaimer of LiabilitX: The City shall not at any time, be liable for injury or damage P-� occurring to any person or property from any cause, whatsoever, arising out of Contractor's construction and fulfillment of this agreement. 12.1 Indemnification: For other, additional good valuable consideration, the receipt and sufficiency of which is hereby acknowledged. 12.2.1 Contractor shall, at its sole cost and expense, indemnify and hold harmless the City, its representatives, employees and elected and appointed officials from or on account of all claims, damages, losses, liabilities and expenses, direct, indirect or consequential including but not limited to fees and charges of engineers, architects, attorneys, consultants and other professionals and court costs arising out of or in consequence of the performance of this Agreement at all trial and appellate levels. Indemnification shall specifically include but not be limited to claims, damages, losses, liabilities and expenses arising out of or from (a) the negligent or defective design of the project and Work of this I Agreement; (b) any act omission or � default of the Contractor, its Subcontractors, agents, servants or employees; (c) any and all bodily injuries, sickness, disease or death; (d) injury to or destruction of property tangible , g rtY including any resulting loss of use; (e) other such damages, liabilities, or losses received or sustained b an person or persons during or on account of an Y YP P 9 y operations connected with the construction of this Project including the warranty period; (f) the use of any improper materials; (g) any construction defect including both patent and latent defects; (h) failure to timely complete the work; (i) the violation of any federal, state, county or city laws, ordinances or regulations by Contractor, its subcontractors, agents, servants, independent contractors or employees; 0) the breach or alleged breach by Contractor of any term of the Agreement, including the breach or alleged breach of any warranty or guarantees 12.2.2 Contractor agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees, from all damages, liabilities, losses, claims, fines and fees, and from any and all suits and actions of every name and description that may -be brought against City, its officers, agents and employees, on account of any claims, fees, royalties, or costs for any invention or patent and/or for the infringement of any and all copyrights or patent rights claimed by any person, firm, or corporation. 12.2.3 Contractor shall pay all claims, losses, liens, settlements or judgments of any nature in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees and costs for trails and appeals. 12.2.4If any Subcontractor, supplier, laborer, or materialmen of Contractor or any other person directly or indirectly acting for or through Contractor files or attempts to file a mechanic's, or construction lien against the real property on which the work is performed or any part or against any personal property or improvements thereon or make a claim against any monies due or to become due from the City to Contractor or from Contractor to a Subcontractor, for or on account of any work, labor, services, material, equipment, or other items C-23 furnished in connection with the Work or any change order, Contractor agrees to satisfy, remove, or discharge such lien or claim at its own expense by bond, payment, or otherwise within five (5) days of the filing or from receipt of written notice from the City. Additionally, unit such time as such lien or claim is satisfied, removed or discharged by Contractor, all monies due to Contractor, or that become due to Contractor before the lien or claim is satisfied, removed or otherwise discharged, shall be held by City as security for the satisfaction, removal and discharge of such lien and any expense that may be incurred while obtaining the discharge. If Contractor shall fail to do so, City shall have the right, in addition to all other rights and remedies provided by this Agreement or by law, to satisfy, remove, or discharge such lien or claim by whatever means City chooses at the entire and sole cost and expense of Contractor which costs and expenses shall, without limitation, include attorney's fees, litigation costs, fees and expenses and all court costs and assessments, and which shall be deducted ......om an amount owing to Contractor. In the event the amount due .........y ... . Contractor is less than the amount required to satisfy Contractor's obligation under this, or any other article, paragraph or section of this Agreement, the Contractor shall be liable for the deficiency due the City. 12.2.5 The Contractor and the City agree that Section 725.00(2), Florida Statutes controls the extent and limits of the indemnification and hold harmless provisions of this Agreement, if any, and that the parties waive any defects in the wording of this Article that runs afoul of said statutory section. ARTICLE 13 -- CHANGES IN THE WORK 13.1 Without invalidating this Agreement, the City may, at any time or from time to time order additions, deletions or revisions in the Work through the issuance of Change Orders. Upon receipt of a Change Order, the Contractor shall proceed with the Work involved. All Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 14 or Article 15 on the basis of a claim made by either Party. 13.2 The Project Manager may authorize minor changes in .the work not involving an adjustment in the Contract Price of the Contract Time, which are consistent with the overall intent of the Contract Documents. Such changes must be in writing and signed by the City and the Contractor. 13.3 If notice of any change affecting the general scope of the Work or change in the Contract Price is required by the provisions of any Bond to be given. to the Surety, it will be the Contractor's responsibility to so notify the Surety, and the amount of each applicable Bond shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the City. ARTICLE 14 -- CHANGE OF CONTRACT PRICE C-24 Change of Contract Price, approved by CITY, shall be computed as follows: 14.1 Cost of the Work: The term "Cost of the Work" means the sum of all direct costs necessarily incurred and paid by Contractor in the proper performance of the Work. Except as. otherwise may be agreed to in writing by the City, these costs shall be in amounts no higher than those prevailing in the City and shall include only the following items and shall not include any of the costs itemized in Paragraph 14.2: 14.1.1 Payroll costs for employees in the direct employ of the Contractor in the performance of the Work under schedules of job classifications agreed upon by the City and the Contractor. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus and cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, worker's compensation, health and retirement benefits, bonuses, sick leave, vacation and applicable holiday pay. _ _.. _. ............... .____.. 14.1.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and required suppliers and field services. All cash discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to the City, and the Contractor shall make provisions so that they may be obtained. 14.1.3 Supplemental costs including the following: 14.1.3.1 Cost, including transportation and maintenance of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work. 14.1.3.2 Rentals of all construction equipment and machinery and the parts whether rented from the Contractor or others in accordance with rental agreements approved by the City, and the costs of transporting, loading, unloading, installation, dismantling and removal. The rental of any such equipment, machinery or parts shall cease when the use is no longer necessary for the Work. 14.1.3.3 Sales, consumer, use or similar taxes related to the Work and for which the Contractor is liable, imposed by laws and regulations. 14.1.3.4 Royalty payments and fees for permits and licenses. E 14.1.3.5 The cost of utilities, fuel and sanitary facilities at the Work site. 14.1.3.6 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. C-2 14.1.3.7 Cost of premiums for additional bonds and insurance required because of changes in the Work. 14.2 The Contract Price may only be increased by a Change Order when Work is modified in accordance with Article 13 and approved by the CITY in writing. Any claim for an increase in the Contract Price resulting from a Change Order shall be based on written notice delivered to the Project Manager within ten (10) days of the occurrence of the Change Order giving rise to the claim. Notice of the amount of the claim with supporting data shall be included in the Change Order and delivered within twenty (20) days of such occurrence unless Project Manager allows an additional period of time to ascertain accurate cost data. Any change in the Contract Price resulting from any such claim shall be incorporated in the Change Order. 14.3 Not Included in the Cost of the Work: The term "cost of the Work" shall not include an of the following: Y g 14.3.1 Payroll costs and other compensation of the Contractor's officers executives, i............................ _......._.._.._... _ _ . _ . principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditor, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by the Contractor whether at the site or in the Contractor's principal or branch office for general administration of the work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 14.1.1, all of which are to be considered administrative costs covered by the Contractor's fee. 14.3.2 Expenses of the Contractor's principal and branch offices other than the Contractor's office at the site. 14.3.3 Any part of the Contractor's capital expenses, including interest on the Contractor's capital employed for the Work and charges against the Contractor for delinquent payments. 14.3.4 Cost of premiums for all bonds and for all insurance whether or not the Contractor is required by the Contract Documents to purchase and maintain the same. 14.3.5 Costs due to the negligence of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, 1 disposal of materials or equipment wrongly supplied and making good any damage to property. 14.3.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 14.1 . 14.4 Basis of Cornp_at_ ion: The Contractor's compensation, allowed to the Contractor for , overhead and profit, shall be determined as follows: C-26 14.4.1 A mutually acceptable negotiated fee: 14.4.1.1 For costs incurred under Paragraphs 14.1.1 and 14.1.2, the Contractor's fee shall not exceed five percent (5%). 14.3.1.2 No fee shall be payable on the basis of costs itemized under Paragraphs 14.1.3.1, 14.1.3.2114.1.3.39 14.1.3.41 14.1.3.51 14.1.3.61 14.1.3.71 14.3.11 14.3.2, 14.3.3, 14.3.4, 14.3.5 and 14.3.6. 14.3.1.3 The amount of credit to be allowed by the Contractor to the City for any such change which results in a net decrease plus a deduction in the Contractor's fee by an amount equal to five percent (5%) for the net decrease. 14.3.1.4 When both additions and credits are involved in any one change the combined overhead and profit shall be figured .on the basis of net increase if any,,, however, not. to_ exceed five percent _(5%). of the agreed „ compensation. Profit will not be paid on any Work not performed. 14.5 Cost _Breakdown Requir d: Whenever the cost of any Work is to be determined pursuant to this Article, the Contractor will submit in form acceptable to the City an itemized cost breakdown together with supporting documentation. Whenever a change in the Work is to be based upon mutual acceptance of a lump sum, whether the amount is an addition, credit, or no -charge -in -cost, the Contractor shall submit an estimate substantiated by a complete itemized breakdown: 14.5.1 The breakdown shall list quantities and unit prices for materials, labor, equipment and other items of cost. 14.5.2 Whenever a change involves the Contractor and one (1) or more subcontractors and the change is an increase in the agreed compensation, the overhead and profit percentage for the Contractor and each subcontractor shall be itemized separately. 14.6 Time for the, City t=pprove Extra Work:Extra work up to and not exceeding $10,000 is approved by the City Manager and a written Change Order proposal must be submitted to the Engineer for submittal to the City Manager. Extra work exceeding $10,000 in cost must be approved by the City Commission and a written Change Order proposal must be submitted to the Engineer for submittal to the City Manager and City Commission. No financial or time claim for delay to the project resulting from the Change Order approval process outlined above under Section 14.6 will be allowed. ARTICLE 15 — CHANGE OF THE CONTRACT TIME 15.1 The Contract Time may only be changed by a Change Order. Any claim for an extension in the Contract Time shall be based on written notice delivered to the Project C-27 Manager within five (5) days of the occurrence of the event giving rise to the claim. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order. 15.2 The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of the Contractor if a claim is made there for as provided in Paragraph 15.1. Such delays shall include but not be limited to, acts or neglect by the City, or to fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. 15.3 All time limits stated in the Contract Documents are of the essence. The provisions of this Article 15 shall not exclude recovery for damages for delay by the Contractor. . 15.4 Delays caused by or resulting from entities, contractors or subcontractors who are not affiliated with the CONTRACTOR (non-affiliated Contractors) shall not give rise to a claim by the CONTRACTOR for damages for increases in material and/or labor costs. ........ Such entities, contractors ........and. Subcontractors. include. .but are not limited to. the CITY's ..._.... ... contractors and subcontractors, Florida Power and Light Company, AT&T and Florida East Coast Railway, LLC. ARTICLE 16 — LIQUIDATED DAMAGES 16.1 Upon failure of the Contractor to complete the Work within the time specified for completion, the Contractor shall pay to the City the sum of Two Hundred and Fifty Dollars (1250.00) for each and every calendar day that the completion of the Work is delayed beyond the time specified in this Agreement for completion, as fixed and agreed liquidated damages and not as a penalty, so long as the delay is caused by the Contractor. Should an act of God or the acts or omissions of the City, its agents or representatiyes, in derogation to the terms of this Agreement cause the delay, the Contractor shall not be responsible for the delay nor liquidated damages. Liquidated damages are fixed and agreed upon between the Parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the City as a consequence of such delay and both parties desiring to obviate any question of dispute concerning the amount of damages and the cost and effect of the failure of the Contractor to complete the Work on time. Liquidated damages shall apply separately to each portion of the Work for which a time of completion is given. The City shall have the right to deduct from or retain any compensation which may be due or which may become due and payable to the Contractor the amount of liquidated damages, and if the amount retained by the City is insufficient to pay in full such liquidated damages, the Contractor shall pay all liquidated damages in full. The Contractor shall be responsible for reimbursing the City, in addition to liquidated damages or other damages for delay, for all costs of engineering, architectural fees, and inspection and other costs incurred in administering the construction of the Project beyond the completion date specified or beyond an approved extension of time granted to the Contractor whichever is later. Delays caused by or resulting from entities, contractors or subcontractors who are not affiliated with the Contractor shall not give rise to a claim by Contractor for damages for increase in material and/or labor costs. Such entities, contractors and subcontractors include, but are not limited to, the CITY's C-28 contractors and subcontractors, Florida Power and Light Company, AT&T, and Florida East Coast Railway, LLC. 16.2 No Extended Damages: For other and additional good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Contractor covenants .and agrees that in the event of any delay of construction or for any reason, allegation or claim, and notwithstanding the reason of the delay, reason, claim or allegation or who caused them or the construction delay or whether they were caused by the City, that there will be no entitlement to Contractor to or for any direct or indirect financial damages or losses for extended corporate overhead impact, extended project overhead impacts, project support services, mobilization or demobilization or by whatever other label or legal concept or theory and types of names or labels or basis such claims may have, or any business damages or losses of whatever type or nature, and Contractor hereby waives any right to make any such claim or claims. This provision will have application and effect when construction delays are anticipated and agreed upon by both the City and the Contractor. ARTICLE 17 -- SUSPENSION OF WORK AND TERMINATION 17.1 City May Suspend Work: The City may, at any time and without cause,* suspend the Work or any portion of the Work for a period of not more than ninety (90) days by notice in writing to the Contractor which shall fix the date on which Work shall be resumed. The Contractor shall resume the Work on the date fixed, The Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension, if the Contractor makes a claim as provided in Articles 14 and 15. 17.2 City May Terminate Work: The City retains the right to terminate this Agreement, with thirty (30) days prior written notice. Additionally, the City may also terminate this Agreement upon 15 days notice upon the occurrence of any one or more of the following events: 17.2.1 If the Contractor commences a voluntary case or, a petition is .filed against the Contractor, under any chapter of the Bankruptcy Code, or if the Contractor takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency. 17.2.2 If the Contractor makes a general assignment for the benefit of creditors. 17.2.3 If a trustee, receiver, custodian or agent of the Contractor is appointed under applicable law or under Contract, whose appointment or authority to take charge of property of the Contractor is for the purpose of enforcing a lien against such property or for the purpose of general administration of such property for the benefit of the Contractor's creditors. 17.2.4 If the Contractor persistently fails to perform the Work in accordance with the Contract Documents, including but not limited to, failure to supply sufficient C-29 skilled Workers or suitable materials or equipment or failure to adhere to the progress schedule as same may be revised from time to time. 17.2.5 If the Contractor repeatedly fails to make prompt payments to subcontractors or for labor, material or equipment. 17.2.6 If the Contractor repeatedly disregards proper safety procedures. 17.2.7 If the Contractor disregards any local, state or federal laws or regulations. 17.2.8 If the Contactor otherwise violates any provisions of this Agreement. 17.3 Further, the Contractor may be excluded from the Work site and the City take possession of the Work and of all the Contractor's tools, appliances, construction equipment and machinery at the site and use them without liability to the City for trespass or conversion, incorporate in the Work all materials and equipment stored at ....the site... or for. which the..Cty has paid the Contractor, but which are stored elsewhere, and finish the Work as the City may deem expedient. In this instance, the Contractor shall not be entitled to receive any further compensation until the Work is finished. No Extended Damages: For other and additional good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Contractor covenants and agrees that in the event of any delay of construction or for any reason, allegation or claim, and notwithstanding the reason of the delay, reason, claim or allegation or who caused them or the construction delay or whether they were caused by the City, that there will be no entitlement to Contractor to or for any direct or indirect financial damages or losses for extended corporate overhead impact, extended project overhead impacts, project support services, mobilization or demobilization or by whatever other label or legal concept or theory and types of names or labels or basis such claims may have, or any business damages or losses of whatever type or nature, and Contractor hereby waives any right to make any such claim or claims. This provision will have application and effect when construction delays are anticipated and agreed upon by both the City and the Contractor. 17.4 If the Contractor commits a default due to its insolvency or bankruptcy, the following shall apply: 17.4.1 Should this Agreement be entered into and fully executed by the parties, funds released and the Contractor (Debtor) files for bankruptcy, the following shall occur: 17.4.1.1 In the event the Contactor files a voluntary petition under 11 U.S.C. 301 or 302, or an order for relief is entered under 11 U.S.C. 30.3, the Contractor shall acknowledge the extent, validity, and priority of the lien recorded in favor of the City. The Contractor further agrees that in the event of this default, the City shall, at its option, be entitled to seek relief from the automatic stay pursuant to 11 U.S.C. 362. The City shall be entitled to relief from the automatic stay pursuant to 11 U.S.C. 362(d) (1) or (d) (2), and the Contactor agrees to waive the notice C-30 provisions in effect pursuant to 11 U.S.C. 362 and any applicable .� Local Rules of the United States Bankruptcy Court. The Contactor acknowledges that such waiver is done knowingly and voluntarily. 17.4.1.2 Alternatively, in the event the City does not seek stay relief, or if stay relief is denied, the City shall be entitled to monthly adequate protection payments within the meaning of 11 U.S.C. 361. The monthly adequate protection payments shall each be in an amount determined in accordance with the Note and Mortgage executed by the Contractor in favor of the City. 17.4.1.3 In the event the Contractor files for bankruptcy under Chapter 13 of - Title 11, United States Code in additional to the foregoing provisions, the Contractor agrees to cure any amounts in arrears over a period not to exceed twenty-four (24) months from the date of the confirmation order, and such payments shall be made in addition to g Contract y p yments required by the Note and mge. _ the regular monthl . aortga a . .. Additionally, the . ......... .. ..... ... .... ..... ... Contractor shall agree that the City is over secured and, therefore, entitled to interest and attorney's fees pursuant to 11 U.S.C. 506(b). Such fees shall be allowed and payable as an administrative expense. Further, in the event the Contractor has less than five (5) years of payments remaining on the Note, the Contractor agrees that the treatment afforded to the claim of the City under any confirmed plan of reorganization shall provide that the remaining payments shall be satisfied in accordance with the Note, and that the remaining payments or claim shall not be extended or amortized over a longer period than the time remaining under the Note. 17.4.2 Should this Agreement be entered into and fully executed by the parties, and the funds have not been forwarded to Contractor, the following shall occur: 17.4.2.1 In the event the Contractor files a voluntary petition pursuant to 11 U.S.C. 301 or 302, or an order for relief is entered under 11 U.S.C. 303., the Contractor acknowledges that the commencement of a bankruptcy proceeding constitutes an event of default under the terms of this Agreement. Further, the Contractor acknowledges that this Agreement constitutes an executor contract within the meaning of 11 U.S.C. 365. The Contractor acknowledges that this Agreement is not capable of being assumed pursuant to 11 U.S.C. 365(c)(2), unless the City expressly consents in writing to the assumption. In the event the City consents to the assumption, the Contractor agrees to file a motion to assume this Agreement within ten (10) days after receipt of written consent from the City, regardless of whether the bankruptcy proceeding is pending under Chapter 7, 11, or 13 of Title 11 of the United States Code. The Contractor further acknowledges that this Agreement is not capable of being assigned pursuant to 11 U.S.C. 365(b)(1). C-31 17.5 Where the Contractor's service have been so terminated by the City, the termination shall not affect any rights of the City against the Contractor then existing -or which may thereafter accrue. Any retention or payment of moneys due the Contractor by the City will not release the Contractor from, liability. 17.6 The Contractor has no right, authority or ability to terminate the Work except for the wrongful withholding of any payments due the Contractor from the City. ARTICLE 18 — NOTICES 18.1 All notices required by any of the deemed delivered upon mailing following: To the City: City Manager City of Fort Lauderdale 100 North Andrews Avenue Fort Lauderdale, Florida 33301 with copy to the Project Manager To the Contractor: Contract Documents shall be in writing and shall be by certified mail, return receipt requested to the Straightline Engineering Group, LLC 15223 NW 33 Pl. Miami Gardens, Fl. 33054 ARTICLE 19 — LIMITATION OF LIABILITY 19.1 ,The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action arising out of this Agreement, so that the City's liability for any breach never exceeds the sum of $1,000',,*':For other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor expresses its willingness to enter into this Agreement with the knowledge that the Contractor's recovery from the City to any . action or claim arising from the Agreement is limited to a maximum amount of $1,000.;;' which amount shall be reduced by the amount actually paid by the City to the Contractor pursuant to this Agreement, for any action or claim arising out of this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended either to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes, or to extend the City's liability beyond the limits established in said Section 768.28; and no claim or award against the City shall include attorney's fees, investigative costs, expert fees, suit costs or pre -judgment interest. C-32 M 19.2 No Extended Damages: For other and additional good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Contractor covenants and agrees that in the event of any delay of construction or for any reason, allegation or claim, and notwithstanding the reason of the delay, reason, claim or allegation or who caused them or the construction delay or whether they were caused by the City, that there will be no entitlement to Contractor to or for any direct or indirect financial damages or losses for extended corporate overhead impact, extended project overhead impacts, project support services, mobilization or demobilization or by whatever other label or legal concept or theory and types of names or labels or basis such claims may have, or any business damages or losses of whatever type or nature, and Contractor hereby waives any right to make any such claim or claims. This provision will have application and effect when construction delays are anticipated and agreed upon by both the City and the Contractor. ARTICLE 20 — GOVERNING LAW 20.1 This Agreement shall be governed by the laws of the State of Florida. Both Parties agree that the courts of the State of Florida shall have jurisdiction of any claim arising in connection with this Agreement. Venue for any claim, objection or dispute arising out of this Agreement shall be in Broward County, Florida. ARTICLE 21 — MISCELLANEOUS 21.1 The duties and obligations imposed by this Agreement and the rights and remedies available to the parties and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City, are in addition to, and are not to be construed in any way as a limitation of, any 'rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents, and the provisions of this .Paragraph will survive final payment and termination or completion of this Agreement. 21.2 The Contractor shall not assign or transfer this Agreement or its rights, title or interests. The obligations undertaken by the Contractor pursuant to this Agreement shall not be delegated or assigned to any other person or firm. Violation of the terms of this Paragraph shall constitute a material breach of Agreement by the Contractor and the City any, at its discretion, cancel this Agreement and all rights, title and interest of the Contractor which shall immediately cease and terminate. 21.3 The Contractor and its employees, volunteers and agents shall be and remain an independent contractors and not agents or employees of the City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be constructed to create a partnership, association or any other kind of joint undertaking or venture between the Parties. C-33 21.4 The City reserves the right to audit the records of the Contractor relating in any way to the Work to be performed pursuant to this Agreement at any time during the performance and term of this Agreement and for a period of three (3) years after completion and acceptance by the City. If required by the City, the Contractor agrees to submit to an audit by an independent certified public accountant selected by the City. The Contractor shall allow the City to inspect, examine and review the records of the Contractor at any and all times during normal business hours during the term of this Agreement. 21.5 The remedies expressly provided in this Agreement to the City shall not be deemed to be exclusive but shall be cumulative and in addition to all other remedies in favor of the City now or later existing at law or in equity. 21.6 Should any part, term or provisions of this Agreement be decided by the courts to be invalid, illegal or in conflict with any state or federal law, the validity of the remaining portion or provision shall not be affected. C-34 3 PROJECT 11762 2012-2013 ANNUAL CONCRETE AND BRICK PAVERS CONTRACT TO THE COMMISSION OF THE CITY OF FORT LAUDERDALE, FLORIDA 4 Gentlemen: The undersigned bidder agrees to furnish all labor, tools, material and supplies, and to sustain all the expense incurred in doing the work set forth below that may be awarded the undersigned by the City of Fort Lauderdale, Florida, through its proper officers, and to do the same strictly in accordance with the plans and contract documents on file in the Office of the City Engineer of Fort Lauderdale, which are referred to below and made a part hereof, at the following unit prices, to -wit: ITEV ..... 1.;.........Mobilization .....and......dem-obi.ltnation-....(move-in_.__a.nd.._. move -out)........... ......... _ .......... staging of equipment, traffic maintenance (MOT preparation, routing, placing variable message boards signs as required by inspector), insurance, bond cost, and other fixed costs. Approximately 60 locations as follows: a) MobilizatioNdemobilization, for jobs less than 150 square feet (S.F.) @ $ 150 /EACH (35) $ 5250.00 b) Mobilization/demobilization, for jobs 150 square feet (S.F.) or greater @a $ 1150 ]EACH (25) $ 3.759.00 Note: See Special Conditions section for rules regarding job(s) within 1 square mile work site. ITEM 2: Furnish all materials labor and equipment to construct 4-inch thick concrete sidewalk, un-reinforced, including clear and grubbing and removal and disposal of existing sidewalk, reconstruction of base rock and compaction where required. See detail C2.1 on detail specifications section. Approximately 10,000 Square Feet @ $.4,,Q,g._lS. F . (101 000 S . F.) $ 40 000.00 C-34(a) .. i ITEM 3: Furnish all materials labor and equipment to construct 6-inch thick concrete sidewalk, un-reinforced, including clear and grubbing, and removal and disposal - -of existing sidewalk reconstruction of base rock and compaction where required. See detail C2.1 on detail specifications section. Approximately 3,000 Square Feet c, 5.00 IS. F. (31000 S.F.) ITEM 4: Furnish all materials labor and equipment to construct 4-inch thick various colors concrete un-reinforced sidewalk. This includes clear and grubbing, removal and disposal of existing sidewalk, reconstruction of base rock and compaction where required. Concrete shall contain the proper proportion of CHROMIX admixture for color -conditioned concrete and/or with.. __decorative brick. .chips/seashells..or ... other- ....... exposed--- ---- aggregate. Concrete color and design specifications of the concrete to be determined by the Engineer of Record. Sandblasting and/or pressure cleaning are included in this item. See detail C2.1. a) 4" color concrete sidewalk b) 4" brick chips/seashells c) 6" color concrete sidewalk d) 6" chips/brick chips/seashells @$__fj-OO /S.F. (125 S.F) @$--f. �00 /S.F. (125 S.F) @$-1.00 /S.F. (125 S.F) @$—!. �00 /S. F. (125 S. F) ITEM 5: Furnish and install steel reinforcing 6 inches x 6 inches - 10/10 wire mesh in concrete where indicated by Engineer. Approximately 500 Square Feet a� 0.50 /S.F. (500 S.F.) ITEM 6: Furnish all materials, labor, and equipment to remove and properly dispose of existing asphalt (at various depths), metal railing, metal or wood guard rail, wood or chain -link fencing, saw cutting asphalt and concrete, and all the items listed below. a) Asphalt removal @ $ 5.00 /S.Y. (500 S.Y.) b) Metal railing @ $ 3.00 /L.F. (25 L.F.) c) Metal or wood guard rail @ $ 3.00 /L.F. (25 L.F.) d) Wood or chain -link fencing @ $ 3.00 /L.F. (200 L.F.) e) Saw cut asphalt/concrete @ $ 1.00 /L.F. (1,500 L.F.) fl 4" thick concrete sidewalk @ $ 1.00 /S.F. (500 S.F.) g) 6" thick concrete sidewalk @ $ 2.00 /S.F. (200 S.F.) C-34(b) $ 625.00 $ 625.00 $ 750.00 $ 875.00 $ 250.00 $ , 2.500.00 $ - 75.00 $ 75.00 1,.500� $ 500.00 $ 400.00 ITEM 6: (Continued) h) storm drain basin @ $1 0.00 ----/EA. (10) i) 15" or smaller storm pipe 2.00 _./L.F. (50 L.F.) j) type "D" concrete curb @ $ 5.0, 00/L.F. (50 L.F.) k) type "F" concrete curb @ $_5.00 _A.F. (50 L.F.) ITEM 7: Furnish all materials, labor, and equipment to demolish and remove reinforced concrete including cutting, breaking, hauling and properly disposing of material. Approximately 10 Cubic Yards @_ $50.00 /C.Y. (10 C.Y.) $ 500.00 ITEM....8 Furnish all materials, labor and equi�pmentIo construct 8-inch. _ thick concrete paving reinforced with #5 bars, 3-inches above bottom of pavement, spaced, 12-inches on centers both ways. This item also includes clearing and grubbing. Approximately 50 Square Feet @ $10.00, /S.F. (50 S.F.) $ 500.00 ITEM 9: Furnish all materials, labor and equipment to construct various type of concrete curbs per detail specifications including transitions, and reconstruction of base where required. This item also includes clearing and grubbing, removal and proper disposal of existing curb if applicable. See detail specifications. a) Type "D" Curb @ $15-00 /L.F. (600 L.F.) 9,000.00 b) Type "F" Curb & Gutter @ $18.00 /L.F. (25 L.F.) $ 450.00 c) Concrete valley gutter @ $$ 2000 /L.F. (300 L.F.) �. 6,aOOQ 00 _ d) Drop curb @ $20.00 /L.F. (300 L.F.) �� 6,000.0 e) Type "A" Curb @ $15.00 /L.F. (100 L.F.) _..1_,500 .Q„ D 16" Curb Meter Sidewalk @ 15.00 /L.F. (100 L.F.) 13500.00 g) Standard Wheel Stop a@ $20.00 /EA (10) $ 200.00 h) Header Curb @ $20.00 /L.F. (50 L.F.) . 1.,000.0 C-34(c) ITEM 10: Furnish all materials, labor and equipment to construct concrete ADA/wheelchair access ramps, as well as reconstruction of base where required, to include clearing and grubbing. Concrete slab shall have 6-inches minimum thickness. See detail C4.1-1, C4.1-2, and C4.3 on detail specifications. All ramps shall have detectable warning surface truncated dome epoxy -type installation. Provide Armor Tile - Cast In Place or approved equal detectable warning surface on each ramp location. See detail C4.6 on detail specifications. Approximately 8 ADA Ramp Locations $ 500.00 /EACH (8) ITEM 11: Furnish all materials, labor and equipment to reconstruct top .s.i.ab....of- FDOT.---storm _drain- inlet.. and... instati........... This....'rncludes _. placement of #6 rebar and installation of 5" PVC supports. Storm Drain Inlet to conform to FDOT Standards (Index 210) for storm drain inlets. This includes barricades for thirty -days (30) during concrete curing period. Approximately 5 locations @ $1,500.00 /EACH (5) ITEM 12: Furnish all materials, labor and equipment to reconstruct top slab of MOT storm drain inlet, reusing existing cast-iron frame and cover. This includes placement of #/6 rebar and installation of 5" PVC supports. Storm Drain Inlet to conform to FDOT Standards (Index 210) for storm drain inlets. This includes barricades for thirty -days (30) during concrete curing period. Approximately 10 a $ 1,250.00 /EACH (10) ITEM 13: Furnish all materials, labor and equipment to install water meter box supplied by City, when required during sidewalk construction. This item includes clearing and grubbing and all necessary grading adjustment to have meter flushed with sidewalk. Approximately 26 @ $ 50.00 /EACH (26) C-34(d) 0 $ 4,000.00 $ 7,590.00 $ 12, 500.00 $ 1,300.00 ITEM 14: Furnish all materials, labor and equipment, to trim, remove and dispose of tree roots affecting curbs, gutters or concrete sidewalks, including excavation clearing, grubbing, and backfilling. Approximately 35 Trees @i $ 25.00 /EACH (35) ITEM 15: Furnish all materials, labor, and equipment to install new 3- 1/8-inch thick concrete pavers of various shapes over sand - leveling course, as .well as reconstruction of base, as shown on pages detail specifications. This item also includes clearing, grubbing, removal, and proper disposal of existing materials. Locking sand shall be utilized between pavers. Approximately 3000 Square Feet @ $7.00 /S.F. (3,000 S.F.) ITEM 16: Furnish all materials, labor, and equipment to install new 2- 3/8-inch thick concrete pavers of various shapes over sand - leveling course, as well as reconstruction of base as shown on pages detail specifications. This item also includes clearing, grubbing, removal, and proper disposal of existing materials. Locking sand shall be utilized between pavers. Approximately 600 Square Feet Ldi $ 7.00 /S.F. (600 S.F.) ITEM 17: Furnish all, materials, labor, and equipment to install new 2- 1/4" x 4" x 8" solid hard -burned, clay brick pavers over sand leveling coarse, as well as reconstruction of base, as shown on detail specifications. This item includes clearing, grubbing, removal, and disposal of existing materials. Locking sand shall be utilized between pavers. Approximately 100 Square Feet 12-00 /S.F. (100 S.F.) C-34(e) $ 875.00 212000.00 $ 1,200.00 ITEM 18 Furnish all materials, labor, and equipment to remove existing paver bricks of various shape and thickness and replace same paver bricks, and any additional similar paver bricks as needed to properly complete repair over sand - leveling course. This item includes any sub -base repair, up to 12$1 of compacted limerock, and sand as required. Locking sand shall be utilized between pavers. Approximately 4,000 Square Feet (aco $ 5.00 /S.F. (4,000 S.F.) ITEM 19: Furnish all materials, labor, and equipment to remove existing solid clay blocks of various shape and thickness and replace same solid clay blocks, and any additional similar solid clay blocks as needed to properly complete repair ... _....... ........ _ _ _ ......... _co.u.rse...........THs. item_.. includes ....any- sub -base....... repair, up to 12" of compacted limerock and sand as required. Locking sand shall be utilized between pavers. Approximately 600 Square Feet $ 5.00 /S.F. (600 S.F.) ITEM 20: Furnish all materials, labor and equipment to construct 4, 6, or 8-inch thick compacted limerock base compared to 100% AASHTO T-99-C, including clearing and grubbing, excavation, removal and disposal of existing materials. a) 4-inch limerock base @ $ 4.00 /S.Y. (100 S.Y.) b) 6-inch limerock base @ 6.00 /S.Y. (100 S.Y.) c) 8-inch limerock,base @ $ 8.00 /S.Y. (1,500 S.Y.) ITEM 21: Furnish all materials, labor, and equipment to construct 1-1/2" inch thick FDOT Type S-3 asphaltic concrete surface, including tack coat and all necessary appurtenances. Approximately 1,000 Square Yards $ 15.00 /S.Y. (1,000 S.Y.) C-34(i $ „20,000.00 $ 32000.00 1 1 Ir+..+�U IF 1 • $ 400.00 $ 600.00 $ 12,000.00 $ 17, 000.00 -: ITEM 22: Furnish all materials, labor and equipment to seal coat. This item includes two (2) coats of coal tar pitch emission, silica sand, and spread with squeegee or brush. Also include removal of oil stain, oil dripping and sweeping existing parking surface. Approximately 250 Square Yards (c� $ 5.00 /S.Y. (250 S.Y.) ITEM 23: Furnish all materials, labor, and equipment to restore/rework tree grate to original condition including adjustment of tree grate and trimming of tree roots as necessary. Approximately 5 cLD $ 1,000.00 /EACH (5) ITEM 24: Furnish all materials, labor and equipment to lay St. Augustine "Floratam" or Bahia sod authorized by the Engineer of Record, including clear and grubbing, and all other appurtenances. a) b) Bahia sod @ $ 4.00 /S.Y. (700 S.Y.) St. Augustine sod @a $ 4.00 /S.Y. (300 S.Y.) ITEM 26: Furnish all materials, labor, and equipment to install galvanized steel hand railing, galvanized steel safeguard railing, wood, and/or steel guard rail to ADA standards. This includes clear and grubbing. a) Galvanized steel handrail @ $ 25_00 /L.F. (50 L.F.) b) Galvanized steel safeguard @ $ 30.00 /L.F. (50 L.F.) c) Wood guardrail Ldi $ 30.00 /L.F. (50 L.F.) d) Steel guardrail cLD $ 55.00 /L.F. (50 L.F.) $ 1,250.00 .2 s00.00 $_.11200.00 1,250.00 $_„ 2.750.00 N= Details for items a, b, c, found on detail specifications. Details for Item d are found at FDOT index # 400, Standard Design Manual. C-34(9) ITEM 26: Furnish all materials, labor and equipment, including clearing and g to rind or horizontal saw -cut raised grubbing, concrete sidewalk or concrete header curb. Slope to conform to ADA specifications with maximum slope of 1:12. Maximum area for grind/saw-cut is 2-feet x 5-feet with work areas up to ten (10) square feet. See detail on detail specifications. Approximately 10 Work Areas � 200.00 /Locations (10) ITEM 27: Furnish all materials labor and equipment to install stamped asphaltic concrete. The color and pattern of stamped asphalt to be determined by the engineer. See Detail Specifications. 2,000.00 Ir. III I IUI.� Approximately 500 S.F. _................................... _ _ a@ $ __. 10.00 1S. F . (500 S.F.) $ 5,000.00 ITEM 28: Furnish all materials, labor, and equipment to pressure clean (to high quality -near new condition, with no streaking) existing paver brick or paver blocks, and remove all dirt, mildew, stains (including oil), gum, tire/location marks, graffiti and etc., and all other necessary appurtenances. This work should be done at nights (from 6:00 p.m. to 7:00 a.m.) and weekends, approximately 100 square feet. This item also includes filling voids with clean sand. Approximately 100 Square Feet @ $ - ---- --- 1.00 /S.F. (100 S.F.) $ 100.00 ITEM 29: Furnish all materials, labor, and equipment to pressure clean (to high quality -near new condition, with no streaking) existing paver brick or paver blocks, and remove all dirt, mildew, stains (including oil), gum, tire/location marks, graffiti and etc., and all other necessary appurtenances. This work is to be done during regular office hours (7:00 a.m, to 6:00 p.m.) Approximately 100 square feet. This item also includes filling voids with clean sand. Approximately 100 Square Feet @ $ 1.00 /S.F. (100 S.F.) 1100.00 �.. .. I 1 1111 ■ C-34(h) A ITEM 30: Furnish all materials, labor, and equipment to pressure clean existing concrete sidewalk (to high quality -near new condition, with no streaking), and remove all dirt, mildew, stains (including oil), gum, tire/location marks, graffiti and etc., and all other. necessary appurtenances. This work should be done at nights (from 6:00 p.m. to 7:00 a.m.) and weekends, approximately 100 square feet. Approximately 100 Square Feet @ S 1.00 /S.F. (100 S.F.) $ 100.00 ITEM 31 Furnish all materials, labor, and equipment to pressure clean existing concrete sidewalk (to high quality -near new condition, with no streaking), and remove all dirt, mildew, stains (including oil), gum, tire/location marks, graffiti and etc., and all other necessary appurtenances. This work is to be done...du-ring....regula-r..office...hours...(7.00 a..m. to Approximately 100 Square Feet V $.++� 00 �w n ,S• F. (100 S. F.) ITEM 32: Furnish all materials, labor and equipment to install various thermoplastic pavement markings, including temporary paint, clearing and grubbing, and removal of existing if needed. a) 4" Single White b) 6" Single White c) 8" Single White d) 12" Single White e) 4° Double Yellow 0 4" Single Yellow g) 6" Single Yellow h) 24" Single White i) Pavement Arrows per FDOT index 17346 sheet 1 of 14 j) Bicycle marking (FDOT 17347 sheet 1 of 4) $ 3.00 /L.F. (50 L.F.) @ $ 3.00 /L. F. (50 L.F.) $ 3.00 /L.F. (50 L.F.) @ $ 3.00 /L.F. (50 L.F.) @ $ 3.00 /L.F. (50 L.F.) $ 3_00 /L.F. (50 L.F.) 3.00 /L.F. (50 L.F.) /L.F. (24 LF.) $ 250.00 IEA. (3 EA.) /EA. (5 EA.) @ $ —2LQ.M /EA. (5 EA.) C-34(i) $_100.00 wwl ■1 II.III�I w.�. $150.00 . 150.00 $ 150.00 $ 150.00. $ 150.00 $ 96.00 750.00 1 1,250.00 $ 1.250.00 ITEM 33: Furnish all materials, labor and equipment to install new sign assemblies, removal and relocate of existing sign assemblies, these items include the removal and reconstruction of existing concrete, asphalt, sod, various rocks, limerock base, and gravel. a) Single Post. Sign @ $ din nn /Eq, (2 EA.) $ 900.00 b) Remove &Relocate Existing Sign @ $ 200.00 /EA. (2 EA.) BASE BID (Items 1-33) 236, 946.0 (FIGURES) Two hundred thirty six thousand nine hundred forty six dollars and zero cents (TOTAL WRITTEN DOLLAR AMOUNT) .-The.City.. of Fort.._.Lauderdale. reserves the .... rig ht_...to_-waive ..a.ny....infor-m.a.lit.-....i.n......a.nv,,..bi.d ..a.nd...-to-.,re-Lect--any.. or.. all bids. The City of Fort Lauderdale reserves the right to reduce or delete any of the above contract items, and the City intends to award contract to three (3) contractors providing the lowest amounts. The selected contractors will receive work orders during the effective term of the contract and prior to the contract's expiration date. The selected contractor(s) will receive specifications for each work order to obtain, review and approve a detailed cost estimate based on executed contract with unit prices. The Project Manager will send a Notice to Proceed to the contractor(s) after obtaining City Manager's office OR City Commission approval as applicable for each work order. The City alone shall make all determinations of work order award and distribution as described under the terms of this contract. At time of award of contract, the City reserves the right to set a minimum dollar limit that may be expended on this project. Contract quantities of any or all items may be increased, reduced, or eliminated to adjust the contract amount to coincide with the amount of work necessary or to bring the contract. value to within the established limit. All quantities are estimated and the City reserves the right to increase, reduce, or eliminate the contract quantities in any amount. C-340) IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as follows: CONTRACTOR: WITNESSES: Straightline Engineering Group, LLC 4 By: (Si ture) V (Witness print/type name) (Corporate Seal) Attest: ........ ......... WIT ES ES: L it1fre) (ffitq.esp printtt e name), (Sigattire)0 0 SV041j M �uw►� OW (Witness print/type name) (Corporate Seal) rint Name and Title�A.... g r0k., - - P1 n- rVeat .. pe name) CITY: City of Fort Lauderdale a m icipal corpor on f e of -da By:. i HN P. "JACK" SEILER, Mayor 0-010- LEE R. FELDMAN, City Manager ATTEST: B1 APPRO AS TO FORW By: CARRIE L. SARVER Assistant City Attorney C-35 ACKNOWLEDGEMENT OF CONTRACTOR 3, STATE OF: T-fpVt'4. COUNTY OR The foregoing instrument was acknowledged before me this day of 20 , by lef and _ Of (SEAL) I nd v , respectively, Notary u 'c, State of Rrorida (Signature of Notary taking Acknowledgement) I�A AL,0.4 '10 Name of Notary Typed, Printed or Stamped M Commission Expires: Y !� MABEL WO y' MY COMMISSION # FE 062254 EXPIRE41 FeftAty 13; 2015 Banded Yhru Notary Public Uhdv*m Commission Number C-36 r. ...._.......4. 1-: ..• .. .. SURETY BOND r IN CU111PLIANCE WITH AND INCORPORATING THE PROVISIONS OF SECTION 255.05, FLORIDA STATUTES r I THIS IS A SURETY BOND given b e "Contractor" as ' rinc:ipal, referred to in this Bond as "Contractor" and Capitol Indemnity Corporation j as "Surety," and they represent by this instrument that they are bound to the CITY OF4RT LAUDERDALE, a municipal corporation of the State of. -Florida ("Gity"),.in the sum.of $ 50, 0�.�.,,0.00 Fifty t ousa d dollars and 0 cents, for .the. payment of which, to be made to the City of Fort Lauderdale, Florida, they themselves* and each of their heirs, executors, administrators, successors and assigns. Ow ' er Name: H jointly and severally, bind CITY OF FORT LAUDERDALE a municipal corporation of the State of Florida Owber Address and Telephone. City Hall, Office of City Engineer GQ tractor Name, Addeess, Telephone: Strai htline Engineering Group, LLC 15233 NW 33 P! _ Miami Gardens, Florida 33054 305-685-9033 Surety Company, Address, Telephone. Capitol Indemnity Corporation PO Box 5900 Madison, WI 53705 _(608 ) 829--4200 Ci N Oroject No.: e of Project; --- Pro;ect Location: Legal Description and Street Address 11762 2012-2013 Annual Concrete and Brick Pavers Contract The proiect covers the entire ON of Fort Lauderdale. I Description of v1►ork City Engineering Division will authorize work order to the _.� contractor to repair broken sidewalk, curb, gutter, pavers, and stamped asphalt. Some work may require trimming and cutting _ of the tree roots. Work orders may have individual location or multiple locations "Contractor" is bound by an instrument in writing dated th s` day of August ,2012, by which Contractor has contracted with the City of Fort Lauderdale, Florida, to furnish labor, tools, and materials for the Project referenced and described above, together with all work incidental thereto, as fully set out in the plans, specifications and details on file in the Office of the City Engineer of the City. j z Notice required by Section 255.05(6), Florida Statutes: "This bond is given to comply with Section 255.05 Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes." SB"1 255M Bond Form, Rev. 10121/05 f i t Thin condition of the above obl' t' h h 'f Aga jon is suc tat j the above bound Contractor, or jts .successor or assigns shall in good faith and In good, sufficient, substantial and workmanlike manner, perform the work and -comply with the , con nitions of the contract, including payment of penalties, in strict accordance with the terms and provisions stipulated in it and shall Indemnify and hold harmless the City against and for payments of any and all damages that ma�,: happen to persons or propertyby reason of excavations, embankments, obstructions and all other work in styets, .alleys or places in connection with the work, or arising out of any act, neglect or omission of the Contractor" or "i agents, servants, or employees with relation to the work, and shall -indemnify and hold harmless the City against and from all suits and acts of every nature and description arising out of any claims"batentees of an 2 !. y py pro oess .connected with the work agreed to be performed under the contract, or of any matettals used upon the work, and pay* all costs accruing if the contract is cancelled and a new contract for finishing the,work is let, and all other } expAnses lawfully chargeable to the "Contractor," then this agreement shall be null and void; otherwise it is to remain in full force and effect, but it is expressly provided, understood and agreed that if the "Contractor" or its subcontractors fail to duly and promptly pay for any labor,, material, or other supplies used by "Contractor" or any of its subd6ntractors in the performance of the work to be done, or the Contractor defaults in its Contract with the City, the 'ISurety" will promptly pay to all claimants, as defined -in Section 255.05(l), Florida Statutes, the same In an amount not exceeding the sum specified in this bond, together with interest at the rate of fifteen percent (15°l0) per annum, and the Surety hereby stipulates and 'agrees that no change, extension, red,ucfio.n ..all ration...af addition to a the...terms....af..the-.contract-or-the--plans,-.details_an.d _specificaflons shall in any way affect the obligations of this.bond. Whenever Contractor shall be, and is declared by the City to be in default under the contract, the City may pros ed to cancel the contract and award a new contract for finishing the work or order.. the Surety to . promptly l remd.dy- the default by • obtaining a bid or bilds for completing the contract in accordance tenth :the original contract terms and conditions. Upon the determination by the City of the lowest responsible bidder, the Surety shall complete all w6rk and pay the full cost of completion, less previous payments, This Bond is effective for one (1 ) year after completion and acceptance of- the work, with liability equal to . -25% of the contract price; and is so conditioned that the "Contractor" will, at its own expense; correct any defective or E -faults( work or material which appears within one (1) year after completion of the work a*hd final payment, upon notj Cation by the City. _ IN WITNESS WHEREOF, the above "Contractor' has signed this Agreement, and the "Surety" has caused this =Agreement to be signed in its name by its Attorney -in -Fact, and its' corporate seal affixed, this $ day of september 2012 Signed, sealed and delivered inthEpr CONTR TOR Straightline Engineering Group, LLC (SEAL) (Wit 'ess) &Ak'Ate- A • " !kA (SEAL) Tint Name and Title SURETY:jj'fIndemnity Corporation (SEAL) Local Agent Warren Alter, Attorney -in -Fact {SEAL} Print Name and Title SB-2 No Text STRAENG-01 SSIMEON DATE (MMIDOIYYW) CERTIFICATE CIF LIABILITY INSURANCE OA7/10/2012 THIS CERTIFICATE IS ISSUED AS A MATTER ^OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. _ - _ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the _ certificate holder In lieu of such endorsement(s). _ PRODUCER _ CONTACT NAME: Collinsworth, Alter, Fowler & French, LLC PHONE � . 305 822-7800 Alc No : 305 362-2443 8000 Governors Square Blvd . C N9,99L{ -- 1 1-- } Suite 301 ADDRESS: ADDRESS: Miami Lakes, FL 33016 INSURER(S) AFFORDING COVERAGE _ NAIC # INSURER A: FCCI Commercial Insurance Co 33472 INSURED INSURER B : Bridgefield Employers Ins Co 10701 Strai9 htline Engineering Group, LLC INSURER C: Federal Insurance Company 20281 15223 NW 33rd Place INSURER D : Miami Gardens, FL 33064 INSURER E : INSURER F COVERAGES Y CERTIFICATE NUMBER: , _ _ _ REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD __......I'NDICATED.""..._-NOTiIVItTHSTAN*DING ...ANY..- REO-Ul REMEIV ;__TER.M,r-.OR-..-CONDITIOI+-..OF ..ANY- G-ONTRACT--OR -OTHER-DOCUMENT IMTH...RESPECT...TO..WHI.CH..THIS............_.._. _._.......... .... . CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _w- ILTR _ TYPE OF INSURANCE IN POLICY NUMBER MM/DD EFF MWDDIYYW POLICY EXP LIMITS _......_ GENERAL LIABILITY EACH OCCURRENCE $ 110009000 "1'SAA AGE"T 'Ei TEU- — A X COMMERCIAL GENERAL LIABILITY X X GLOOD66065 121112011 121112012 PREMISES Ea occurrence) V$ _ 100,000 CLAIMS -MADE a OCCUR MED EXP (Any one person) $ — 59000 X BLANKET ADDTL INSD PERSONAL & ADV°INJURY a 110009000 X1, BLANKET WOS GENERAL AGGREGATE $ 21000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 _ POLICYX E a LOC $ AUTOMOBILE LIABILITY (EOM cid n SINGLE LIMIT $ 190001000 A X ` ANY AUTO X X CA00097555 12/112011 121112012 BODILY INJURY (Per person) $ ' ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ _.. AUTOS AUTOS _......-----.__.. NON -OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Per aoddent) _ .._...._._..___.-__. i X UMBRELLA LIAB X , OCCUR EACH OCCURRENCE $ 19000,000 A EXCESS LIAB CLAIMS -MADE UMB00060026 12/1/2011 1211/2012 AGGREGATE W. S _ 110001000 i DED=XRETENTION $ 109000 $ WORKERS COMPENSATION X _. WC STATU- OTH- j AND EMPLOYERS LIABILITY __.. TORY LIMITS . ._ ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N 83040324 1211/2011 121112012 E.L. EACH ACCIDENT 3 -� 110009000 OFFICER/MEMBER EXCLUDED? N I A (Mandatory In NH) E.L_DISEASE - EA EMPLOYEE $ 11000,000 It yes, describe under DESCRIPTION OF OPERATIONS below - E.L. DISEASE -POLICY LIMIT $ �190009000' C INLAND MARINE 6464141 611312011 6/13/2012 LEASEDIRENTED EQPT 250,000 C 1 46464141 6113/2011 6113/2012 Scheduled Eqpt 2090001 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) LEASED/RENTED COVERAGE TERM 6 MONTHS. AFTER 6 MONTHS EQUIPMENT NEEDS TO BE SCHEDULED ON THE POLICY. **30-45 DAYS NOTICE FOR ANY CANCELLATION EXCEPT FOR NON-PAYMENT, WHICH IS 10 DAYS. Bid #223-11030, Project #11762 - 2012-2013 Annual Concrete and Brick Pavers Contract. City of Fort Lauderdale is named as additional insured with respect to general liability. CERTIFICATE HOLDER E City of Fort Lauderdale 100 N. Andrews Avenue 4th Floor Fort Lauderdale, FL 33301 ACORD 25 (2010106) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE wr► O 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD � DJA2 1, STV * I � , - � : 4: 15'12'.2 - , :. - � �. , X_ -, 1, � � _ � I , , , * I I � � .. - � � ., - , , ; , � , � � , I : : f . - A., * 1�­ i*-' I I : ; CongratUlations! 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E • JR cress 4� U J J a 0 rL^ V rn c L C W L-F Cu LlJ 14� 0 tll� cc r-� L a� 7:$ C� 00 N M r 0 r N 0 r a N M N L Qj .:�k 4 L. .QJ Z Qj V w LO 0 n O 0LO 0 0 M M w N M .0 w LO r r DATE: TO: FROM: MEMORANDUM September 28, 2012 James Kelly, Sr. Claims Adjuster Barbara Howell, Administrative Assistant-1/Engineering Division SUBJECT: Project —11762 — 2012-2013 Annual Concrete and Brick Pavers Contract Contractor: Straightline Engineering Group, LLC Please review the attachments checked below in connection with the referenced project: NInsurance certificate Z Performance Bond and Labor and Material Payment Bond or SURETY BOND Z Copy of the referenced document The contract price is Unit Price Contract - SURETY 60 If the City's requirements are met, please sign below and return all items to my attention. Attachments James Kelly Sr, Claims Adjuster C: Project File Contracts T-file E.T.S SS Z-Drive Date