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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-373Page 1 Temp. Reso. # 8476 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98 3*3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE DESIGN/BUILD SERVICES FOR THE CAPORELLA PARK FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT IMPROVEMENTS BY RECREATION DESIGN AND CONSTRUCTION INC. UTILIZING BROWARD COUNTY AGREEMENT RLI #042095-RB IN AN AMOUNT NOT TO EXCEED $121,000.00, APPROVING FUNDING FROM THE APPROPRIATE GRANTS FUND ACCOUNT, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY: AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Tamarac intends to provide its residents and visitors a higher level of service by enhancing and improving its outdoor recreation facilities and environment; and WHEREAS, the City of Tamarac was awarded and executed the agreement by Resolution No. R98-219 for a Florida Recreation Development Assistance Program grant of $90,975.00, with a city match of $30,325.00, for a total project cost of $121,000.00 for improvements to Caporella Park; and WHEREAS, Broward County entered into an agreement RLI #042095-RB with Recreation Design and Construction Inc., attached hereto as Exhibit 1, for design/build services for accessibility compliance and miscellaneous small projects at various park sites; and WHEREAS City Code §6-155 allows the Purchasing Officer the authority to utilize contract prices and agreements of other governmental agencies when the best interest of the City would be served; and WHEREAS, Recreation Design and Construction has agreed to provide design/build services for Caporella Park as per pricing and scope of work submitted, Page 2 Temp. Reso. # 8476 hereto attached as Exhibit 2, meeting all the requirements of the Broward County Contract; and WHEREAS, available funds exist in the Grants Fund budget for said purposes; and WHEREAS, it is the recommendation of the Parks and Recreation Director and the Purchasing/Contracts Manager that the design/build services for the Caporella Park improvements be provided by Recreation Design and Construction Inc.; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the City of Tamarac to authorize the design/build services for the Caporella Park improvements by Recreation Design and Construction Inc., utilizing Broward County Contract RLI #042095-RB ; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2: That the appropriate City officials are hereby authorized to approve the design/build services for the Caporella Park improvements, in an amount not to exceed $121,000.00, by Recreation Design and Construction Inc., utilizing Broward County Contract RLI #042095-RB. Section 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Page 3 Temp. Reso. # 8476 1 1 Section 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this ADay of 1998. ATTEST: i CAROL G , CMC/AAE CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as U1 I Y A 1 I UMNttY JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. McKAYE i DIST 2: W O MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS TR 8476 - Exhibit 1 AGREEMENT Between BROWARD COUNTY and for DESIGN/BUILD SERVICES FOR ACCESSIBILITY COMPLIANCE AND MISCELLANEOUS SMALL PRAJECTS AT VARIOUS PARK SITES RLI 1042095-RB C. TR 8476 - Exhibit 1 ARTICLE1 Purpose . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 2 Definitions and Identifications . - . . . 2 ARTICLE 3 Background and County Intention . . . . . 6 ARTICLE 4 Contract Documents 7 ARTICLE 5 Scope of Work 8 ARTICLE 6 Time for Performance 8 ARTICLE 7 Firm's Responsibility 11 ARTICLE 8 Compensation and Method of Payment . . . . . . 13 ARTICLE 9 Additional Services and Changes in Scope of Work . . . . . . . . . . . . . . . . 16 ARTICLE 10 County's Responsibilities 16 ARTICLE 11 Resolution of Disputes 17 ARTICLE 12 Pre -Construction Conference 17 ARTICLE 13 Project Meetings . . . . . . . . . . . . . . . 18 ARTICLE 14 Security 18 ARTICLE 15 Inspection of Project 18 ARTICLE 16 Superintendence and Supervision . . . . . . . 19 ARTICLE 17 County's Right to Terminate AgreQment . . . . 20 ARTICLE 18 Firm's Right to Stop Work or Terminated - Contract . . . . . . . . . . . . . . . . . . . 22 ARTICLE 19 Plans and Working Drawings - 22 ARTICLE 20 Firm to Check Drawings and Data , 23 ARTICLE 21 Warranty . . . . . . . . . . . . . . . . . . . 23 ARTICLE 22 Delivery and Storage of Materials and Partial Payment Therefore 23 ARTICLE 23 General Workmanship 24 ARTICLE 24 Defective Work 24 i • TR 8476 - Exhibit 1 ARTICLE 25 Subcontracts . . . . . . . . . . . . . . . . . 25 • ARTICLE 26 Separate Contracts . . . . . . . . . . . . . . 25 ARTICLE 27 Use of Completed Portions . . . . . . . . . . 26 ARTICLE 28 Construction Area . . . . . . . . . . . . . . 27 ARTICLE 29 Designated Lands for Project Use . . . . . . . 28 ARTICLE 30 Legal Restrictions and Traffic Provisions '28 ARTICLE 31 Damage to Existing Facilities, Equipment or Utilities . . . . . . . . . . . . 28 ARTICLE 32 Field Orders and Supplemental Instructions 29 ARTICLE 33a No Damages for Delay . . . . . . . . . . . . . 30 ARTICLE 34 Substantial Completion . . . . . . . . . . . . 30 ARTICLE 35 Shop Drawings . . . . . . . . . . . . . . . . 31 ARTICLE 36 Field Engineering. . . . . . . . . . . . . . . 33 ARTICLE 37 Field Layout of the Work and Record Drawings . . . . . . . . . . . . . . . 33 ARTICLE 38 Safety and Protection . . . . . . . . . . . . 34 ARTICLE 39 Project Signage . . . . . . . . . . . . : . . 35 ARTICLE 40 Cleaning Up and Removal of Equipment . . . . . 35 ARTICLE 41 Prevailing Wage Rates . . . . . . . . . . . . 35 ARTICLE 42 Bonds and Certificates . ... . . . . . . . . . 37 ARTICLE 43 Miscellaneous . . . . . . . . . . . . . . . . 44 • ii TR 8476 - Exhibit 1 r I LJ • List of Facilities for ADA . . . . . . . . . . A-1 Listing of Miscellaneous Projects . . . . . . B-1 Basis for Billing . . . . . . . . . . . . . . C-1 Work Authorization - Under $20,000 . . . . . . D-1 Work Authorization - Over $20,000 . . . . . E-1 Statement of Compliance - ORD 83-72 . . . . F-1 Labor Rates . . . . . . . . . . . . . . . . . G-1 Drug --Free Workplace Certification . . . . . . .H-1 iii TR 8476 - Exhibit 1 AGREEMENT Between BROWAR12 COUNTY and for DESIGN/BUILD SERVICES FOR ACCESSIBILITY COMPLIANCE AND MISCELLANEOUS SMALL PROJECTS AT VARIOUS PARK SITES RLI 1042095-RB This is an Agreement between BROWARD COUNTY, a political subdivision of the state of Florida, its successors and assigns, hereinafter referred to as "COUNTY," through its Board of County Commissioners, AND RECREATIONAL DESIGN & CONSTRUCTION, INC., a Florida corporation, its successors and assigns, hereinafter referred to as "FIRM." • WHEREAS, the COUNTY owns and operates a variety of parks and . amenities within those parks; and WHEREAS, the COUNTY has duly advertised for and received qualifications and proposals for the provision of design/build services for accessibility compliance and miscellaneous small projects at various park sites; and WHEREAS, the qualifications and proposal of FIRM were determined to be in the best interest of the COUNTY; NOW, THEREFORE, IN CONSIDERATION of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, COUNTY and FIRM agree as follows: COUNTY hereby grants onto FIRM and FIRM hereby accepts from COUNTY, the right to provide design/build services for accessibility compliance at various park sites as referenced in Exhibit "A", attached hereto and made a part hereof. COUNTY also hereby grants unto FIRM and FIRM hereby accepts from COUNTY the right to provide design/build services for miscellaneous small • M/1=gzt2.ADA -1- 10/17/96 TR 8476 - Exhibit 1 projects at various park sites as referenced in Exhibit "B", • attached hereto and made a part hereof. ARTICLE,--2 QEE NI„TIONS AND—IDENTIEICATIONS For the purposes of this Agreement, the DEFINITIONS and IDENTIFICATIONS set forth below are assumed to be true and correct and are agreed upon by the parties. Whenever the following terms or pronouns in place of them appear in this Agreement the intent and meaning shall be interpreted as follows: 2.1 ACCESSIBILITY: Ingress/egress to and from COUNTY Parks and Recreation Division amenities, as well as the amenities use, consistent with applicable Federal, State, and local laws. and standards regarding barrier removals to enable qualified individuals with disabilities to access those amenities and the activities within those amenities. 2.2 COMMISSION: The Board of County Commissioners of Broward County, Florida, which is the governing body of the Broward County government created by the Broward County Charter. • 2.3 CONTRACT: This Agreement between the COUNTY and the Design/Build firm for this Project, all as defined herein. Contract shall mean the same as Agreement. 2.4 COUNTY's CONTRACT-ADMINIS RATOB: The Broward County Parks and Recreation Division Director or designee. 2.5 CONTRACT COMPLETION: The date certified by COUNTY in the final certificate for payment upon which all conditions and requirements of any permits and regulatory agencies have been satisfied; and the documents required by Section 8.4 of the Contract have been received by COUNTY's Contract Administrator, and any other documents required to be provided by FIRM have been received by COUNTY's Contract Administrator; and to the best of COUNTY's Contract Administrator's knowledge, information and belief, the work, involving all corrective work defined herein, has been fully completed in accordance with the terms and conditions of the Contract Documents. 2.6 CONTRACT-2QQUMENTS: FIRM's proposals including preliminary plans, plans and specifications and drawings which are to be developed by FIRM as part of the record of this Agreement, the performance and payment bonds, the design documents, the construction documents, Notice to Proceed, Purchase Order, Work Authorizations, and any additional documents, the submission of which is required by this Agreement. When M/RDCAg1t2.ADA .2- 10/17/96 TR 8476 - Exhibit 1 reference is standards or intent shall publication c date of the reference to made in the Contract Documents to publications, codes issued by associations or societies, the be to specify the current edition of such ►r standard including revision and effect on the contract advertisement notwithstanding any a particular date. 2.7 COUNTY: Broward County, a body corporate and politic and political subdivision of the State of Florida. 2.8 FIELD ORDER: A written order issued by COUNTY's Contract Administrator which orders minor changes in the Project but which does not involve a change in the total cost or time for performance. 2.9 FIRM: RECREATIONAL DESIGN & CONSTRUCTION, INC. is the Proposer selected to perform the work pursuant to this Agreement, and is the person, firm or corporation primarily liable for the acceptable performance of, and payment of all legal debts pertaining to, the Project. All references in the Contract Documents to third parties under contract or control of FIRM shall be deemed to be a reference to FIRM. FIRM will be responsible for the provision, installation, and performance of all equipment, materials, and FIRM is in no way relieved of the responsibility for the performance of all equipment furnished.' FIRM shall include a design criteria professional and a design/build firm as set forth in Section 287.055, Florida Statutes. 2.10 FIRM's DESIGNATED • The President of Recreational Design & Construction Inc. ("RDC") or his/her designee, which designation shall be in writing from FIRM and delivered to COUNTY's rContract Administrator at the address listed in Section 51.12 of this Agreement. 2.11 INSPECTOR: An authorized representative of COUNTY or other relevant government jurisdiction assigned to make necessary inspections of materials furnished by FIRM and of the work performed by FIRM. 2.12 yE=Eg__= PERFORM: A written authorization issued by COUNTY's Contract Administrator for FIRM to proceed with one or more segments of the PROJECT as directed by COUNTY's Contract Administrator. 2.13 MAJERIAT.: Materials incorporated in this Project or used or consumed in the performance of the work. 2.14 NOTICE TO PRO=: A written notice issued by COUNTY's Contract Administrator for FIRM to proceed with the PROJECT as directed by COUNTY's Contract Administrator. M/RDCAg3t2.ADA -3- 10/17/96 • 0 TR 8476 - Exhibit 1 2.15 PLANS ANIUoR DRAwTNQS: The official graphic representations of this Project which, upon written approval of COUNTY's Contract Administrator, shall become a part of the Contract Documents, as well as the preliminary plans and drawings and renderings of the Project and the preliminary outline specifications for the design/build services for the Project, which will be prepared by FIRM, and will be made a part of the Contract Documents upon approval by COUNTY's Contract Administrator. The plans and specifications will include the design development documents and construction documents to be approved by COUNTY's Contract Administrator as provided in this Agreement. 2.16 PROJECT: Design/Build Services by FIRM for accessibility compliance and miscellaneous small projects at various COUNTY park sites, as determined by COUNTY's Contract Administrator. 2.17 The document issued by COUNTY seeking competitive offers and concepts for design/build services for this Project. 2.18 SEGMENT: A portion of the entire Project as designated by COUNTY's Contract Administrator for FIRM's performance via a Letter To Perform issued by COUNTY"s Contract Administrator. . 2.19ENTERPRIU:Whenever the phrase "Small Disadvantaged Business Enterprise," "Minority Business Enterprise," or "Women Business Enterprise" is used, this meaning shall be construed by reference to the current Broward County Ordinance codified in the Broward County Code at Sections 20-275, et seg. 2.20 , BCONJEACMg: The person, firm or corporation having a direct contract with FIRM including one who furnishes material and/or performs work to a design according to the Contract Documents for this Project, but does not include one who merely furnishes material not so worked. L� 2.21 The date certified by COUNTY's Contract Administrator and concurred with by FIRM that all conditions of the permits and regulatory agencies have been met, and all construction, reconstruction or rehabilitation (except minor corrective work) has been performed in accordance with the Contract Documents, and the site is able to be used or occupied for its intended use. 2.22 URETY: The surety company or individual which is bound by contract bond with and for FIRM who is primarily liable and which surety company or individual is responsible for FIRM'S acceptable performance of the work under the contract and M/RA9U•ADA -4- 10/17/96 TR 8476 - Exhibit 1 for the payment of all debts pertaining thereto with Section 255.05, Florida statutes. 2.23 Means, with respect to aV alteration of a building or facility, that it has little likelihood of being accomplished because existing structural conditions would require removing or altering a load -bearing member which is an essential part of the structural frame; or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility. 2.24 UJILITTES: It will be FIRM'S responsibility to preserve all existing utilities. If utility conflicts are encountered by FIRM during construction, sufficient notice shall be given to the respective owners so that they may make the necessary adjustments. Damage to any utilities, which in the opinion of COUNTY's Contract Administrator is caused by carelessness on the part of FIRM, shall be repaired at FIRM's expense. 2.25 WARRMTY: FIRM warrants to COUNTY that all materials and equipment furnished under this Agreement will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects and in conformance with the Agreement documents. All work not conforming to these requirements, including substitutions not properl approved and authorized, may be considered defective. I required by COUNTY's Contract Administrator, FIRM shall furnish satisfactory evidence as to the origin, nature and quality of materials and equipment used for the Project. - 2.26 WORK AUTHORIZ,&TION: A written document executed by FIRM and: 2.26.1 COUNTY"s Purchasing Division Director if the not - to -exceed fee for the scope of work under the Work Authorization is less than Twenty Thousand Dollars ($20,000.00). Please see sample Work Authorization (Exhibit "D"). 2.26.2 COUNTY"s Board of County Commissioners if the not -to -exceed fee for the scope of work under the Work Authorization is Twenty Thousand Dollars ($20,000.00) or greater. Please see sample Work Authorization (Exhibit "E"). The Work Authorization should contain at a minimum the following information and requirements: 1. A detailed scope of work to be performed. p/RDGgxt2,ADA -5- 10/17/96 iR 8476 - Exhibit 1 is • • 2. A commencement date and a scheduled time in calendar days for substantial completion. 3. A maximum not -to -exceed fee agreed to by COUNTY's Contract Administrator and FIRM to perform the work. a. This fee is to be reasonably justified by FIRM providing cost estimate breakdowns, unit prices, cost comparisons, and similar documentation as necessary in order for COUNTY's Contract Administrator to approve the fee. 4. Any other additional instructions or provisions relating to the work authorized pursuant to this Agreement as agreed to by COUNTY's Contract Administrator and FIRM. 5. COUNTY's Contract Administrator may amend the Work Authorization by issuing revised Work Authorizations as required. ,ETICLE 3 In order to establish the background, context and frame of reference for this Agreement and to generally express the objectives and intentions of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which.follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 3.1 COUNTY has budgeted funds for the Project. 3.2 This Project is funded in part with Broward County Enhanced Marine Law Enforcement Grant funds. 3.3 Should additional funding for accessibility compliance improvements for this project be appropriated, COUNTY shall have -the fright to amend this Agreement to include the funding. FIRM agrees to consent to such amendment. 3.4 The Board of County Commissioners has met the requirements of the Consultants Competitive Negotiation Act and has selected the designated Design/Build firm a/k/a FIRM to perform the services hereunder. 3.5 Negotiations pertaining to the services to be performed by FIRM were undertaken between FIRM and a committee selected by the Board of County Commissioners, and this Agreement incorporates the results of such negotiation. M/RXICIN 2.ADA -6- 10/17/96 TR 8476 - Exhibit 1 &TICLE 4 CONTRACT DOCUMENTS . 4.1 It is the intent of the Contract Documents to describe a functionally complete Project to be designed and constructed by FIRM in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials •or equipment, such words shall, be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the standard specification, manual, code, laws or regulations in effect at the time of the date of issuance of each Work Authorization by COUNTY'S Contract Administrator. 4.2 The Contract Documents shall be followed in strict accordance as to work, material, and dimensions except when the Contract Administrator may authorize, in writing, an exception. 4.3 Dimensions given in figures are to hold preference ov scaled measurements from the drawings; however, al discrepancies shall be decided upon by COUNTY'S Contract Administrator. FIRM shall not proceed when in doubt as to any dimension or measurement but shall seek• clarification from the Contract Administrator. 4.4 FIRM shall maintain four (4) copies of the Contract Documents; two (2) of which shall be preserved and always kept accessible to COUNTY'S Contract Administrator or his/her authorized representatives. _ 4.5 This Contract incorporates by reference and in the following order of authoritative precedent, the following documents: 4.5.1 The Contract and its exhibits; 4.5.2 FIRM's proposal in response to the Project RLI, including any addenda; and 4.5.3 The Request For Letters of Interest (RLI 1042095-- RB). This section applies to all provisions of the Contract. 0 M/RDGlgrt2.1DA -7- 10/17/96 rR 8476 - Exhibit 1 5. The work is completed and ready for final inspection. 43.22.5 COUNTY'S Contract Administrator or designee will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. Should COUNTY'S Contract Administrator or designee consider that the work is incomplete or defective, COUNTY'S Contract Administrator or designee will promptly notify the FIRM, in writing, listing the incomplete or defective work. FIRM shall take immediate steps to remedy the stated deficiencies, and send a second written certification to COUNTY'S Contract Administrator that the work is complete. COUNTYIs Contract Administrator or designee will then reinspect the work. When the Architect COUNTY's Contract Administrator or designee finds that the work is acceptable under the contract documents, COUNTY'S Contract Administrator or designee shall request FIRM to make closeout submittals. 43-22.6 FIRM's closeout submittals to COUNTY'S Contract Administrator shall provide evidence of compliance with requirements of governing authorities and testing agencies and shall include: 1. A Certificate of Occupancy. 2.~ Certificates of inspection and testing for elevators, mechanical work, and electrical. work. 3. The requirements of the contract documents. 4. Project record documents. 5. operating and Maintenance data and instructions to COUNTY'S personnel. 6. Warranties and bonds. 7. Keys and keying schedule. 8. Evidence of payment and release of liens: To requirements of general and special conditions. • 9. Certificate of Insurance for products and completed operations. H/RDCA9nt2. spa -52- 10 1'? gd TR 8476 - Exhibit 1 10. Evidence of all owner/user operating demonstrations and training for all equipment in Project. . 43.22.7 FIRM shall submit a final statement of accounting to COUNTY's Contract Administrator. The statement shall reflect all adjustments to the contract sum as follows: 1. The original contract sum. 2. Additions and deductions resulting from the following: a. Allowances, if applicable. b. Unit prices. C. Deductions for uncorrected work. d. Penalties and bonuses. e. Deductions for liquidated damages. f. Deductions for reinspection payments. g. Other adjustments 3. Total contract sum, as required. 4. Previous payments. 5. Sum remaining due. 43.22.8 FIRM shall_ submit the final application for payment in accordance with procedures and • requirements stated in the conditions of the contract. � ]l M RDCAgnt2.ADA -53- 10/17/96 TR 8476 - Exhibit 1 AGREEMENT BETWEEN BROWARD COUNTY AND RECREATIONAL DESIGN & CONSTRUCTION, INC. FOR DESIGN/BUILD SERVICES FOR ACCESSIBILITY COMPLIANCE AND MISCELLANEOUS SMALL PROJECTS AT VARIOUS PARK SITES IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair or Vice Chair, authorized to execute same by Board action on the i 2 day of ,A 6;i%egjh y_ 19 _, and RECREATIONAL DESIGN & CONSTRUCTION, INC., signing by and through its President, duly authorized to execute same. NIV(04*W Countyl- iinistrator and Ex- Officio Clerk of the Board of County Commissioners of Broward County,Florid I$OffIiIIliii��'P- i' 10d C,0 Mto N11SS� r. ••..j, s =g ©) CREATED '• N' t a U % OCT. 1ST t m 1315 I#urance-- Req ' reme t A tYe �- sk Man tgement Division ATTEST: �Y corporate Secretary • (CORPORATE SEAL) w f!. BROWARD COUNTY, through its• B OF COUNTY COMMISSIONERS By Chair + day, lbf r"s. 4Y, 19 t . Approved as to legal form by Office of County Attorney Broward County, Florida JOHN J. COPELAN, JR. County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, -Florida 33301 Telephone: (305) 357-7600 Telecopier: (305) 357-7641 By *EM.�EICHENPAT Assistant County Attorney RECREATIONAL DESIGN & CONSTRUCTION- WC. 3-mWiffi.r4wair, wui�- day , 19 _qL. H:RDCAgNt2.0 _54_ 10,17,46 TR 8476 - Exhibit 1 EXHIBIT "A" EXAMPLES OF BARRIER REMOVAL PROJECTS FOR ACCESSIBILITY COMPLIANCE The design/construction efforts consist of work in four (4) major categories to ensure program accessibility compliance. The categories listed in this exhibit and the accompanying evaluation matrix are intended as guidance and are not an all-inclusive list of anticipated projects. All alterations to increase accessibility shall be designed and constructed in compliance with applicable State and Federal access requirements, unless technical infeasibility is established. Where the requisite design is established to be technically infeasible, an alternative design that provides equivalent accessibility shall be required. 1. Provide accessible paths of_travel from public sidewalks, parking, public transportation stops, and between facilities' structures. These measures may include installing entrance ramps, installing curb cuts in sidewalks and entrances, widening entrances, removal of 'protruding objects and barriers, installation of detectable warnings, installation of handrails. Z. Provide accessible par&ina spaces in compliance with State • law. These measures may include providing requisite number of accessible spaces, installing 5' access aisles to accessible spaces, location and distribution of spaces nearest to accessible entrances, proper signage, providing accessible path of travel to nearest accessible entrance that allows travel not to occur behind parked vehicles where possible. 3. Provide accessible restroom facilities. These measures may include widening of toilet stalls, installation of grab bars and accessible urinals, installing accessible door hardware, increasing maneuvering space, insulating lavatory pipes, installing accessible fixtures and lavatory counters, repositioning of dispensers. 4. Provide accessible patron se-rvices. These measures may include installation of accessible drinking fountains and dispensers, installation of accessible service and information counters. C] A-1 TR 8476 - Exhibit I 0 0 NOI2127 a Cr, 0 a- 00 Qj U W moo 0,,, V-1 'L. Cn Cj m W 'n en Ca W. 10 CU = 3 02 W k ci . . . ... . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coamunity Building Restroon X X Kitchen, office X Picnic Areas, Fishing Dock X Ballfields ................. .......... DEiiimii iAiK . . . . . . . . . . . . . . . . . . . . . . . . . . . . Shelter, Boardwalk Trail, office . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .•. . . . . . . . • • . . . . . . . . . . . . . . . . . . . . . . . . . . CanPing Restroon b Showers X Main Concession x Beach Picnic Sites X Shelters 2 thru 9 -X Picnic Sites in General Restroon RR 6 X Boat Rental Building X Canoe Rental Area FRS tr?IIiDS ]S". P)" . . . . . . . . . . . . . . . . . . C Office, Restroon Shelter PS-1)3 X Lake House concession Softball Field Conplex: .Restroom Restroom Vestibule X Restroon RR-02 X Picnic Areas Shelter PS-03 to path Restroon RR-03 X Fi.;t.ir.q DLI--X R-2strooa -Restroon vei.- .'Jul-2 Shelter N-04 . . . . . . . . . . Restroon RR-01 A-2 TR 8476 - Exhibit 1 2L. G ENTRAA. L n X —'3 rX 7P S N N 1. O F 3- Assenbly Room X T>Llll- P - Picnic fables & Grills X Restroons X X Chickee Hut, Shelter Y . Q1.F�TI08 &S?jtGS P All Restroons (1-4) X RR11&2 Y Nain Ranp at Park Office X 1 Shelter 9 X X Restroom ? I X Shelter 7, 8 X Restroom by Shelter 10 X X All Grills @ Shelters X Shelter 10, 3 X X Gazebo X Restroom South Side X Community Building X SQf:Vf i fi. P11R1C .. - . ' . - - - . . ' . Ballfields X X Restroons @ Ballfields X X UFAYL�'I' E 1 RT PARK ... ...' ... . . . . . .... . . ... . Restrooa % All Courts X • OssdALa. PI►R . -.. :.:. _ ..... _ ..:.......... . . Restroom RR-01, RR-02 Shelters PS-01, PS-02, PS-03 X • C7 • A-3 TR 8476 - Exhibit 1 0 • SOUTHWEST 1 OF 3 4 `� E a. "N _' & H w ro O C "t'RSSt'(3PS' PARK . . . . Hain Building Restroons New Shelter Area Picnic Tables & Grills X X Old Shelter Area - Restroon X X X "Ply"- ----- - .. - .- Pistol Range Restroon X Trap & Skeet Restroon X Canpsites in General X Restrooms (Campground) X X West Shelter, North Shelter & South Shelter X X Picnic Sites Throughout Park X Boat Ranp West X Restroon at New Boat Raup X Model Airfield Parking X Model Airfield Restroon X Main Office X X PElrCS '1JOlJMIi �AR1C - - - . - - Park in General X Win Office Picnic Areas General X Shelter 1 X X Restroon A & Shower X X Shelter 13 X X X Shelter is X Shelter ;G & 47 !: !t Restroon R Si?lter -S Grepoff Sri?lter ;9 & 12 StieltzC :i1! X ` X X X ! A-4 TR 8476 - Exhibit I n m :S Ix OU :2 OF 3 2L T7 ..... . . . . . . . ............... Shelter Ill meeting Cabin X X I Restroon C & Shower X Shelter 113 X Shelter 114, 15 X Shelter 116, 17, 18 Restroom E Restroon F X X RV Camping: North & South Restroon X X Saall Shelter X Restroon G X Amphitheater: Ticket Booth Restroon X Restroon K (serves Shelters 16, 17, 10) Tennis Complex: Pro Shop X Parking X X Restroon X Racquetball Courts X Basketball Courts X mini Golf X Bike & Rini Golf Concession X Boat Rental: Pier Canoe Area X Concession X X Concession to,'fron 1i-3ac.h 0 11 A-5 TR 8476 - Exhibit 1 • L`J L� SOUTHWEST � � � h � V b O V • }Q}�� p S O Vq l a � - Beach Area: X X Restroon X Restroon H X X All Parking A I I1 BRI�A.PLC=*PAK'. ..... . ........ ... . . Main Building: Public Restroon X X Parking X Football Soccer Complex: Restroon X Parking - Hest X Parking - North X Basketball Court Parking X Baseball Complex: Restroom X , Parking (across fron Velodrone) X Tennis Facility: Building X' X Parking Cot Main I X Parking Cot Overflow X Softball Conplex X L—LLI— Restroons I All parking in the park needs to be addresed for access, striping and signage, required number of spaces, anti distribution. ;:0ira;Tab l3.L-cc A-6 1"R 8476 - Exhibit 1 SOUTHEAST D=STR2CZ' 1 O F 1 Hy pUq o C 1 N P.i 2 N %4 ••-1 9 Cj � W N Gam. GG A3 ww V [JII� 'RORBS'C F1iR�. Coanunity Building Restr000 All Courts 1H I I X . FER .L;1CB pm Racquetball Court X Office X Shelter 1 X Office Restroons X X Office to Side Parkinq Lot X X Shelter 18 Parking J X Shelter 18 Picnic Area & Grill X Shelter 19 X X Restroon X Shelter 110 X Beach Facility X X Sand Beach X Beach Facility Restroon X Beach Facility Showers Exterior X Shelter 112 X Shelter 112 Restroon X X Shelter 114 X Canpqround Restroons (2) X X Marina/Boats X Restroon X X Dock X Shelter 15 X Pestroon X X Shelter 14, 1, 0 X X Shelter 13 X Restroon X X Shelter 16 X X CA." QEit R11IiC�B.S •PARK . . . . . . . . . . . . . . ' . .. . Softball Field & Tennis Court X X .MT14:H.PARIC. . . . . . ... . .. . . .'.'.'. . .'.'.'. . . . . •. .. ... - Coanunity Buildinq X X 4D • A-7 TR 8476 - Exhibit 1 C, • MWISIT "H" LISTING OF MISCELLANEOUS PROJECTS Renovations to existing park structure. Addition to community building and site improvements. Lafayette „Hart,parls - Restroom renovation. M=khqm Park - Target range improvements. Markham Park -- Park office parking lot paving. McTyre Park -- Site and tennis/basketball court improvements. North drew , a e - Repair and renovate existing structure. N-Qxth Er-oward P - Lights for basketball court. High School-- New concession/restroom building w Park - New concession building. H-1 TR 8476 - Exhibit 1 EXHIBIT "C" BASIS FOR BILLING FOR COMPENSATION; METHOD OF PAYMENT* I. Actual Cost - Total from invoices submitted with final payment II- Multiglier for v & conditions Actual_ Cost KUlti8lier $0.01 - $20,000 1.30 20,000.01 - 50,000 1.28 50,000.01 - 100,000 1.26 100,000.01 and above 1.24 III. Final Price = Actual Cost x Multiplier (see I. & II. above) IV. Upget Price - Not to exceed price from Work Authorization V. Percentage Savings = t Price - Final Price Upset Price VI• Savings Factor Percent Savinas Sayings Facto 0 -- 9 % 0 10 - 19% 0.01 20 - 29% 0.02 30 - 39% 0.03 40% and above 0.04 - VII. F Ein a I B i 1 I_i= Price = Actual Cost x (Multipilier + Savings Factor) * Please see Agreement Section 8.1 • 1421 TR 8476 - Exhibit 1 • .7 • EXHIBIT "D" (UNDER $20,000.00) WORK AUTHORIZATION / THIS WORK AUTHORIZATION BETWEEN BROWARD COUNTY AND AS REQUIRED PURSUANT TO AN AGREEMENT FOR SERVICES APPROVED BY THE BROWARD COUNTY COMMISSIONERS ON THIS WORK AUTHORIZATION PROVIDES FOR TECHNICAL SERVICES IN ACCORDANCE WITH ARTICLES) OF THE AGREEMENT AND FURTHER DETAILED IN THE SCOPE OF SERVICES, ATTACHED HERETO AS EXHIBIT PAYMENT(S) FOR SUCH SERVICES SHALL BE IN ACCORDANCE WITH ARTICLES) TOTAL LABOR EXPENSES ARE S AND TOTAL REIMBURSABLE EXPENSES ARE $ (IF APPLICABLE), FOR TOTAL GUARANTEED MAXIMUM OF $ , WITH COSTS TO BE CHARGED AGAINST: BUDGET REQUISITION / DIVISION NAME - THE TIME PERIOD FOR THIS WORK AUTHORIZATION WILL BE DAYS. COUNTY WITNESS: BROWARD COUNTY, THROUGH ITS DIRECTOR OF PURCHASING By day of , 19_ Approved as to Insurance Requirements by Risk Management By Director Contract Administrator ATTEST: Secretary (CORPORATE SEAL) Approved as to form by Office of County Attorney Broward County, Florida JOHN J. COPELAN, JR. County Attorney Governmental Center, Suite 423 Ft. Lauderdale, Florida 33301 Telephone: 954/3S7-7600 Telecopier: 954/357-7641 B Assistant County Attorney CONTRACTOR/CONSULTANT By President/Vice President day of 19� Project/WA-CS20.Fra D-L TR 8476 - rpxhibit 1 r EXHIBIT "E• (OVER $20,000.00) WORK AUTHORIZATION THIS WORK AUTHORIZATION BETWEEN BROWARD COUNTY AND AS REQUIRED PURSUANT TO AN AGREEMENT FOR SERVICES APPROVED BY THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS ON THIS WORK AUTHORIZATION PROVIDES FOR TECHNICAL SERVICES IN ACCORDANCE WITH ARTICLE(S) OF THE AGREEMENT AND FURTHER DETAILED IN THE SCOPE OF SERVICES, ATTACHED HERETO AS EXHIBIT ". PAYMENT(S) FOR SUCH SERVICES SHALL BE IN ACCORDANCE WITH ARTICLE(S) TOTAL LABOR EXPENSES ARE $ AND TOTAL REIMBURSABLE EXPENSES ARE $ (IF APPLICABLE), FOR TOTAL GUARANTEED MAXIMUM OF S WITH -COSTS TO BE CHARGED AGAINST: BUDGET REQUISITION M DIVISION NAME - THE TIME PERIOD FOR THIS WORK AUTHORIZATION WILL BE DAYS. COUNTY BROWARD COUNTY, THROUGH ITS BROWARD COUNTY, THROUGH ITS BOARD OF COUNTY COMMISSIONERS DIRECTOR OF PURCHASING Chair By- - day of 19 _ day of 19_ ATTEST: WITNESS: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida Approved as to Insurance -Requirements by Risk Management By Director Contract Administrator ATTEST: Secretary (CORPORATE SEAL) Approved as to form by Office of County Attorney Broward County, Florida JOHN J. COPELAN, JR. County Attorney Governmental Center, Suite 423 Ft. Lauderdale, Florida 33301 Telephone: 954/357-7600 Telecopier: 954/357-7641 By Assistant County Attorney NTRA T N TANT By rresruunL/VILL rrearuenL day of , 19� PrOlict �,AS10.fra E-1 EXHIBIT 'T' TR 8476 - Exhibit 1 STATEMENT OF COMp11ANCE . A G WAG ORDINANCE MO. 83-72 No. .Contract No. Project Title The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period coveted by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by Broward County Ordinance No. 83-72 and the applicable conditions of the Contract. Dated , 19 , Contractor BY, (Signature) By (Name and Title) STATE OF ) • ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this _�_ day of , 19 - , 'by who 1s personally known to me or who has produced as identification and who did/did not take an oath. WITNESS my hand and official seal, 19 (NOTARY SEAL) - this day of (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) typed, printed or stamped (Title or rank) (Serial number, if any) My commission expires: • F-1 TR 8476 - Exhibit 1 MCHIBIT "G" LABOR RATES TOTAL RAW HOURLY 5ALARY FRINGE RATE ($/1 HR) ($/1 HR) (S/1 HR) Project Superintendent $22.29 $23.41 $45.70 Trim Carpenter/Millwrights 18.14 19.68 37.82 Carpenter 14.10 14.38 28.48 Carpenter's Helper 12.24 12.64 24.88 Laborers: Skilled 10.65 11.29 21.94 Unskilled 7.88 6.69 14.57 J Footnotes: Fringes include Paid Holidays, Vacation Pay, Sick Pay, Health Insurance, FICA, Federal Unemployment Tax, State Unemployment Tax, Workman's Compensation, Liability Insurance & Social Security/Medicare. • r1 LJ G-1 TR 8476 - Exhibit 1 EXHIBIT "H" DRUG -FREE WORKPLACE_CERTIF1QATTQN The undersigned hereby certifies that it will provide a drug -free workplace program by: 1. Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibitions. 2. Establishing a continuing drug -free awareness program to inform its employees about: i. The dangers of drug abuse in the workplace; J ii. The offeror's policy of maintaining a drug -free workplace; iii. Any available drug counseling, rehabilitation, and employee assistance programs; and iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph 1; 4. Notifying all employees, in writing, of the statement required by subparagraph 1, that as a condition of employment on a covered contract, the employee shall: Abide by the terms of the statement; and ii_ Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later tha►i five (5) calendar drys after such conviction; 5. Notifying Broward County government in writing within ten (10) calendar days after receiving notice under subdivision 4, ii above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position and title of the employee. G. Within thirty (30) calendar days after receiving notice under subparagraph 4 of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace. H-1 A TR 8476 - Exhibit 1 EXHIBIT "H" i. Taking appropriate personnel action against such employee, up to and including termination; or 0- ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and 7. Making a good faith effort to maintain a drug -free workplace program through implementation of subparagraphs 1. through 6. (signature)_ S,r o �vf,uT- (print name) STATE OF o COUNTY OF ftaw e foregoing . strum t was acknowledged before a on is day of • 19 , by ' as (title) of a (name of corporation/company), who is personally known to me or who h s produced l L _ _ (type of identification) as identification and who did/did not take an oath. NOTARY PUBLIC: Signature: Print Name: cif State of at C.arge (SEAL) My Commission Expires: ._ Wr COMIAI8 M / CC 4eeaeo WOES: h*Mtt 4.19M 600 d Thru Mor Y MA Me liWWWMrs H-2 E TR 8476 - Exhibit 1 ARTICLE 5 SCOPE OF WORK 5.1 FIRM hereby agrees to complete the Project described by th Contract Documents including furnishing all engineering, architecture, and land surveying services, labor, materials, equipment and other services necessary to perform all of the work described in the Contract Documents including drawings and addenda thereto, to be constructed in accordance with the requirements and provisions of the Contract Documents. 5.2 FIRM agrees to meet with COUNTY's Contract Administrator at reasonable times and with reasonable notice. 5.3 FIRM will develop the specifications which will be reviewed by COUNTYYIs Contract Administrator for concept and will meet or exceed the standards noted in the Request for Letters of Interest and all applicable codes, ordinances, statutes and any other regulations imposed by any regulatory body or authority governing the design and construction. All such documents shall become a part of the Contract Documents at the time they are provided by FIRM and approved for concept by COUNTY's Contract Administrator. 5.4 Prior to the final completion of construction services under • this Agreement, there shall be established a record set of plans and specifications which shall bear the approval of FIRM and COUNTY's Contract Administrator. Prior to the commencement of construction services under this Agreement, FIRM shall submit to COUNTY's Contract Administrator a schedule for the planning and execution of the Construction Phase of the Project. The schedule shall be updated monthly and submitted to COUNTY's Contract Administrator as part of each pay request. 5.5 The major elements of the Project are the Design Phase and the Construction Phase, all in accordance with the requirements and provisions of the following documents which are hereby* made a part of this Agreement: FIRM's Proposal and the Plans and Specifications as approved by COUNTY's Contract Administrator and, thereafter, amended by FIRM and approved by COUNTY's Contract Administrator. JIME FOR O 6.1 FIRM shall perform the services under this Agreement within three (3) years from the date of the Notice to Proceed. 6.2 After issuance of the NTP, COUNTY's Contract Administrator will issue a Letter to Perform for the first segment of the M/RDGgwt2.ADA -8- 10/17/96 7R 8476 - Exhibit 1 work and will continue to issue Letters to Perform for the remaining segments at intervals mutually agreed upon by COUNTY's Contract Administrator and FIRM. 0 6.3 FIRM shall within seven (7) calendar days after the date specified in the Letter to Perform, meet with COUNTY's Contract Administrator to finalize a scope of work and cost estimate. COUNTY, through its Board of County Commissioners if the dollar amount of the scope of work to be performed is Twenty Thousand Dollars ($20,000) or greater, or through its Purchasing Division Director if the dollar amount of the scope of work to be performed is less than Twenty Thousand Dollars ($20,000), upon approval of the finalized scope of work and cost estimate, will then issue a Work Authorization for the work to be performed and a not to exceed fee. If COUNTY and FIRM cannot agree on a fee for a Segment, COUNTY may then proceed to have the work under this Segment done by other means. COUNTY will then issue a Letter to Perform for the next Segment. 6.4 The Projects segments shall be substantially completed by FIRM no later than the number of calendar days agreed to in the Work Authorization for each segment described in Section 6.2. Upon failure of FIRM to substantially complete the Project within the specified period of time (plus approved extensions, if any) FIRM shall pay to COUNTY the sum of Two Hundred Dollars ($200.00) for each calendar day (plus approved extensions) after the time specified for substantial completion. (Apply to each increment.) After substantial completion, should FIRM neglect, refuse or fail to complete the remaining work within thirty (30) calendar days from the substantial completion date described in this Agreement or any approved extension thereof, FIRM shall pay to COUNTY the sum of One Hundred Dollars ($100.00) for each calendar day after the time above (plus approved extensions) for completion and readiness for final -payment. These amounts are not penalties -but liquidated damages to COUNTY. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the. impossibility of precisely ascertaining the amount of damages that will be sustained by COUNTY as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of FIRM to complete the Contract on time. 6.5 COUNTY is authorized to deduct liquidated damage amounts from the monies due FIRM for work under this Agreement. 6.6 FIRM shall be responsible for reimbursing COUNTY, in addition to liquidated damages, for all costs incurred by COUNTY, including, without limitation, costs of storage, maintenance, repair, and insurance in administering the M/M9Mt2.ADA -9- 10/17/96 11 U 7R 8476 . Exhibit 1 construction of the Project beyond the completion date . specified in the Agreement or beyond an approved extension of time granted to FIRM, whichever date is later. Such costs shall be deducted from the monies due FIRM as provided in Article 8 under this Agreement. 6.7 Extensions to the contract time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the contract time pursuant to Sections 6.7.3 and 6.7.4 below. These time extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent FIRM from productively performing controlling items of work identified on the accepted schedule or updates resulting in: 6.7.1 FIRM being unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; or 6.7.2 FIRM must make major repairs to the work damaged by weather, providing however, that the damage was not attributable to a failure to perform or neglect by FIRM, and providing that FIRM was unable to work at least fifty percent (50%) of . the normal workday on controlling items of work identified on the accepted schedule or updates. 6.7.3 Any claim for a change in the contract time or contract price shall be made by written notice delivered by FIRM to COUNTY -Is Contract " Administrator within seven (7) calendar days of the commencement of the event giving rise to the claim and stating the general nature of the claim. Notice of the nature and elements of the claim shall be delivered within twenty (20) calendar days after the date of such written notice. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, notice of the extent of the claim with supporting data shall be delivered and shall be accompanied by FIRM's written statement that the adjustment claimed is the entire adjustment to which FIRM has reason to believe it is entitled as a result of the occurrence of said event. NO CLAIM FOR AN ADJUSTMENT IN THE CONTRACT TIME OR CONTRACT PRICE SHALL BE VALID IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 6.7.4 The contract time will be extended in an amount equal to time lost due to delays beyond the control of and through no fault or negligence of M/RDC&gpt.2.ADA -10- 10/17/96 TR 8476 - Exhibit 1 7.1 7.2 FIRM if a claim is made therefore as provided in Section 6.7.3 above. Such delays shall include, but not be limited to, acts or neglect by an* separate contractor employed by COUNTY, fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. 6.7.5 Should the parties agree to budget additional monies and perform additional services as stated in Article 9 of this Agreement, the time for performance under this Agreement may be appropriately extended by the Contract Administrator and as approved by FIRM. The total additional time allotted for all additional, budgeted work shall not exceed two (2) years from the completion time stated in Section 6.1 above. The parties acknowledge and agree that COUNTY is purchasing, and FIRM is bound to deliver, the construction of accessibility compliance and miscellaneous small projects at various park sites, which shall be constructed in accordance with the Contract Documents, and comply with all applicable laws and technical codes. 0 FIRM shall be responsible for applying for and securing all permits and approvals from all governmental authorities having jurisdiction over the Project. FIRM shall make, at its own cost and expense, any changes to the Project required by COUNTYYIs Contract Administrator and shall advise COUNTY's Contract Administrator in writing of such changes. All permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Project by FIRM pursuant to this Agreement shall be secured and paid for by FIRM. It is FIRM's responsibility to have and maintain apprdpriate certificate(s) of competency, valid for the work to be performed and for all persons working on the Project for whom a certificate of competency is required. In new construction and alteration work, if compliance with applicable accessibility requirements is prevented by unnecessary or extreme hardship or is technically infeasible and a modification or waiver to the technical design requirements is required and/or sought from the Florida Board of Building Codes and Standards, neither FIRM nor FIRM's agents shall seek such a modification or waiver without the prior written approval of COUNTY's Contract Administrator. M/RDWIW ADA -11- 10/17/96 TR 8476 - Exhibit 1 0 7.3 FIRM shall be fully responsible for the actions of all persons working in conjunction with the design and construction of the Project. 7.4 FIRM shall be fully responsible for all acts or omissions of its consultants and subcontractors and of persons directly employed by FIRM's consultants and subcontractors and of persons for whose acts any of them may be liable to the same extent FIRM is responsible for the acts and omissions of persons directly employed by FIRM. Nothing in this Agreement shall create any contractual relationship between any consultant or subcontractor and COUNTY or any obligation on the part of COUNTY to pay or to see to the payment of any monies due to any consultant or subcontractor. 7.5 FIRM agrees to bind specifically every subcontractor and consultant to the applicable terms and conditions of this Agreement for the benefit of COUNTY. 7.6 Unless otherwise provided herein, FIRM shall provide and pay for all architecture, engineering, landscape architecture, and land surveying services, materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Project, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Project. 7.7 FIRM shall at all times enforce strict discipline and good order among its employees; consultants, and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work assigned to - him or her. 7.8 FIRM shall keep itself fully informed of, and shall take -into account and comply -with, all existing and future state and federal laws and County and municipal ordinances and regulations in any manner affecting those engaged or employed in the Project, or the materials used or employed in the Project, or in any way affecting the conduct of the Project, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same and of all provisions required by law to be made a part of this Agreement, all of which provisions are hereby incorporated by reference and made a part hereof. If any specification or contract for this Project is in violation of any such law, ordinance, regulation, order or decree, FIRM shall forthwith report the same to COUNTY's Contract Administrator in writing. FIRM shall cause all its agents, employees, subcontractors and consultants to observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees. H/M9Mt2.0 -12- 101? 96 TR 8476 - Exhibit 1 7.9 FIRM shall pay all applicable sales, consumer, use and other taxes required by law. FIRM is responsible for reviewing the . pertinent state statutes involving state taxes and complying With all requirements. 7.10 COUNTY and its agencies shall have the right to inspect the books and records and accounts of FIRM which relate to the Project and to conduct an audit of the financial and accounting records of FIRM which relate to the Project. FIRM shall retain and make available to COUNTY and its agencies all such book records and accounts, financial or otherwise, which relate to the Project for a period of three (3) years following final completion of the Project. 8.1 COUNTY agrees to pay FIRM as compensation for its services under the terms of this Agreement a maximum amount not to exceed sum, mutually agreed to by COUNTY's Contract Administrator and FIRM and as set forth in the Work Authorization for each segment of the work. The fee for the services to be performed by FIRM shall be for the actual cost of the work multiplied by a factor for general conditions, overhead and profit, and if applicable, a savings factor, as shown in Exhibit "C", attached to this 0 Agreement and made a part hereof. 8.1.1 The maximum not to exceed sum to be paid by COUNTY to FIRM under this Agreement is One Million Six Hundred Twenty Five Thousand Five Hundred Nineteen Dollars ($1,625,519.00)1 including projects described in Exhibits "A" and "B" of this Agreement, attached hereto and made _ a part hereof. It is understood that FIRM shall perform all services set forth in this -Agreement for no more than the total compensation amount set forth in this paragraph, except as allowed under Article 9 of this Agreement. 8.1.2 Within thirty (30) days prior to the commencement of construction, FIRM shall submit to COUNTY's Contract Administrator a schedule of values for each item comprising the fee described above. Partial payments shall be based upon such schedule of values. Final payments on each Work Authorization must be approved by COUNTY's Contract Administrator. • M/RDCA92t2.ADA -13- 10 17.95 TR 8476 - Exhibit 1 8.2 ; AND PAYMENT 8.2.1 FIRM shall submit billings which are identified by the specific Work Authorization number on a monthly basis and in a timely manner. COUNTY's Contract Administrator shall verify completion of the various stages as noted and authorize payment. FIRM may submit a request for payment thirty (30) days after beginning field operations and every thirty (30) days thereafter. Payment will be based on quantities certified by FIRM. FIRM's requisition shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by COUNTY's Contract Administrator. When applicable, the requisition for payment shall be accompanied by a completed Statement of Compliance. Each requisition shall be submitted in triplicate to the COUNTY's Contract Administrator for approval. 8.2.2 Requests for final payment shall be accompanied by paid invoices, and other back-up material as may be necessary to substantiate the final fee. The total hourly rates payable by COUNTY for each of FIRM's employee categories shall be shown on Exhibit "G". In no instance shall final billing exceed the amount allocated in the Work Authorization. An updated construction schedule shall be submitted at least bi-monthly. 8.2.3 COUNTY agrees that it will pay FIRM, within thirty (30) calendar days of receipt of FIRM's proper statement, as provided above, accompanied by an updated construction schedule and as --built drawings. 8.2.4 Ten percent (10%) of all monies earned by FIRM shall be retained by COUNTY until the Project is totally completed as specified, and accepted by COUNTY's Contract Administrator. After fifty percent (50%) of the remainder of the Project has been completed, COUNTY's Contract Administrator may reduce the retainage to five percent (5%). Further, COUNTY's Contract Administrator may reduce retainage to two and one-half percent (2.511.) after ninety-five percent (95%) of the remainder of the Project has been completed. Any interest earned on retainage shall accrue to the • benefit of COUNTY. M(RDCAg0t2JDA -14- 10 V, 96 TR 8478 - Exhibit 1 8.3 Upon receipt of written notice from FIRM that the Project is ready for final inspection and acceptance, COUNTY's Contract Administrator shall, within ten (10) days, make an inspection thereof. If COUNTY's Contract Administrator finds the Project acceptable under the Contract Documents and the Project to be fully performed, a Final Certificate of Payment shall be issued by COUNTY's Contract Administrator, over his/her own signature, stating that the work required by this Agreement has been completed and is accepted under the terms and conditions thereof. 8.4 Before issuance of the Final Certificate for Payment, FIRM shall deliver to COUNTY's Contract Administrator a complete release of all liens arising out of this Agreement, or receipts in full in lieu thereof, and an Affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Project has been paid, and a consent of the surety to finalI payment. All warranties, guarantees, operational manuals, and instructions' in operation must be delivered to COUNTY's Contract Administrator at this time. As built drawings will be completed and a certificate of occupancy will be obtained prior to final payment being made. 8.5 COUNTY's Contract Administrator may withhold final payment or any progress payments to such extent as may be necessary on account of: 0 8.5.1 Defective work not remedied. 8.5.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against FIRM. 8.5.3 Failure of FIRM to make payments properly to subcontractors or consultants or for material or labor. _ 8.5.4 Damage to another subcontractor, supplier, materialmen, party, or person not remedied. 8.5.5 Liquidated damages pursuant to Article 6 hereof. 8.5.6 As -built drawings not being in a current and acceptable state. When the above grounds are removed or resolved or FIRM provides a surety bond or a consent of surety satisfactory to COUNTY's Contract Administrator which will protect COUNTY in the amount withheld, payment may be made in whole or in part, as applicable. H;RDCAgnt2..UA -15- 10 17:96 TR 8476 - Exhibit 1 • 8.6 If, after the Project has been substantially completed, full completion thereof is materially delayed through no fault of FIRM, and COUNTY's Contract Administrator so certifies, COUNTY shall, upon certification of COUNTY's Contract Administrator, and without terminating the Contract, make payment of the balance due for that portion of the Project fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 8.7 The making and acceptance of the final payment shall constitute a waiver of all claims by COUNTY, other than those arising from faulty or defective work, failure of the Project to comply with requirements of the Contract Documents or terms of any warranties required by the Contract Documents. It shall also constitute a waiver of all claims by FIRM, except those previously made in writing and identified by FIRM as unsettled at the time of the final application for payment. 8.8 Payment will be made to FIRM at: Steve Siems, President Recreational Design & Construction, Inc. 6555 N.W. 9th Avenue, Suite 201 Fort Lauderdale, Florida 33309 Without invalidating this Agreement and without notice to any surety, COUNTY's Contract Administrator reserves and shall have the right to make such changes from time to time in the time of performance, character or quantity of the Project _as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a -.satisfactory manner. Work Authorizations from COUNTY's Contract Administrator may be revised to reflect these changes. Any extra or additional work within the scope of this Project may be accomplished by means of appropriate field orders and supplemental instructions or Work Authorizations. In the event COUNTY budgets additional monies for the services contemplated in this Agreement, the Contract Administrator may recommend that FIRM include the additionally budgeted services within its work activities, subject to FIRM's acceptance of same, and pursuant to the terms and conditions of this Agreement. ARTICLE 10 COUNTY's RESPONSIBILITIES 10.1 COUNTY shall assist FIRM by placing at its disposal any available information pertinent to the Project including N!RDCA.gnt2. sp-. -16- 10.17 96 TR 8476 - Exhibit 1 previous reports, laboratory tests and inspections of � samples, materials and equipment; property, boundary, easement, rights -of -way, topographic and utility surveys; property descriptions; and known zoning, deed and other land use restrictions. 10.2 COUNTY's Contract Administrator shall arrange for access to and make all provisions for FIRM to enter upon public property as required for FIRM to perform its services. To minimize the possibility of disputes or litigation, it is agreed by the parties hereto that COUNTY's Contract Administrator shall decide all questions, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract'Documents and fulfillment of this Agreement as to the character, quality, amount and value of any work done and materials furnished under or, by reason of, this Agreement, and COUNTY's Contract Administrator's estimates and decisions upon all claims, questions, and disputes shall be final 'and conclusive upon the parties hereto for Agreement administrative purposes. This Article does not preclude either or both parties from seeking any and all remedies in law or equity. The parties hereto may also, if jointly . agreed, seek arbitration or mediation to resolve disputes. -CONSTRUCTION CONFERENCE 12.1 Before beginning work under each Work Authorization for the Project, a pre -construction conference shall be scheduled by COUNTY's Contract Administrator. FIRM's attendance at this pre -construction conference shall_ be required. The pre - construction conference shall be held at COUNTY's Parks and Recreation Division Administrative Offices, unless elsewhere designated by COUNTY's Contract Administrator, and shall be held during normal business hours at a time reasonably agreeable to COUNTY's Contract Administrator and FIRM's Designated Representative. 12.2 At the pre -construction conference, all parties concerned will discuss the Project under contract and prepare a program of -procedure in keeping with requirements of the drawings and specifications. FIRM shall henceforth make every effort to expeditiously coordinate all phases of the work to obtain the end result within the full purpose and intent of the drawings and specifications for the Project. 12.3 FIRM shall be fully responsible for coordinating, and taking • all required steps and precautions, to insure COUNTY full H:'RDC.`gntz.ADs -17- 10 1" 96 TR 8476 - Exhibit 1 . security measures without interruption during the progress of the work and within the areas of construction and other assigned areas for FIRM's use during construction. 12.4 FIRM shall cooperate in every respect with COUNTY in the execution of this work. FIRM shall abide by security requirements of COUNTY"s Contract Administrator at all times, and shall schedule work so as to conform to the construction schedule and schedules of this Project. 13.1 FIRM shall schedule periodic work progress meetings and specially called meetings as needed with'COUNTYrs Contract Administrator relating to the design/build services under this Agreement. FIRM shall record the minutes of such meetings, include significant proceedings and decision(s) within the minutes, and reproduce and distribute copies of minutes within five (5) business days after each meeting, plus incorporate comments received or exceptions taken by those present who have reviewed and commented on the minutes. 40 ARTICLE 14 SECURITY FIRM shall be responsible for protecting work, stored products and construction equipment from theft and vandalism, and to protect premises from entry by unauthorized persons. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final inspection and acceptance, FIRM shall replace same without cost to COUNTY. There will not be a Certificate of Occupancy issued until such replacement occurs. ARTICLE 15 !' IMPECTION OF _PROJECT 15.1 COUNTY's Contract Administrator or designee shall at all times have access to the Project, and FIRM shall provide proper facilities for such access. 15.1.1 Should the Contract Documents, instructions, any laws, ordinances, or any public authority require any work for the Project to be specially tested or approved, FIRM shall give to COUNTY's Contract Administrator and testing company timely notice of readiness of the work for inspection. If the testing or approval, is to be made by an authority other than COUNTY, timely notice shall be given M/MgW.ADA -18- 10.17, 96 TR 8476 - Exhibit 1 of the date fixed for such testing. Inspections . shall be made promptly, and, where practicable, at the source of supply. If any work for the Project should be covered up without approval or consent of COUNTY's Contract Administrator, it shall, if required by COUNTY's Contract Administrator, be uncovered for examination and properly restored at FIRM's expense. 15.1.2 Reexamination and re -testing of any work for the Project may be ordered by COUNTY's Contract Administrator; and if so ordered, such work must be uncovered by FIRM. If such work is found to be in accordance with the Contract Documents, COUNTY shall pay the costs of reexamination, re- testing and replacement. If such work is not in accordance with the Contract Documents, FIRM shall pay such costs. 15.2 Municipal or other outside inspectors shall have no authority to permit deviations from, nor to relax any of the provisions of, the Contract Documents without the written permission or instruction of COUNTY's Contract Administrator. 15.3 The payment of any compensation, regardless of its character or form, or the giving of any gratuity or the granting of any valuable favor by FIRM to any inspector is forbidden, and any such act on the part of FIRM will constitute a breach of this Agreement.- Iii 4.0-ft4my 16.1 The orders of COUNTY are to be given through COUNTY's Contract Administrator, whose instructions are to be strictly and properly followed in every case. FIRM's Designated Representative shall, not be changed except with advance written notice to COUNTY's Contract Administrator at COUNTY's address listed in Section 43.12 herein. FIRM's Designated Representative shall represent FIRM and all direction given to FIRM's Designated Representative shall be as binding as if given to FIRM. 16.2 FIRM's Designated Representative shall prepare, on a daily basis, and keep on the Project site(s), a bound log setting forth at a minimum, for each day: the weather conditions and how any weather conditions affected progress of the work, work performed, equipment utilized for the work, any idle equipment and reasons for idleness, visitors to the Project . site, labor utilized for the work, and any materials delivered to the Project site. The daily log shall be M/1tDCl gnt2.0, .19- .10..17; 96 TR 8476 - Exhibit 1 • available for inspection by COUNTY"s Contract Administrator at all times during the Project. 16.3 If FIRM, in the course of the Project, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors or omissions in the Contract Documents including drawings (plans) and specifications, it shall be FIRM's duty to immediately inform COUNTY"s Contract Administrator, in writing and COUNTY's Contract Administrator will promptly verify the same. Any work done prior to or after such discovery will be done at FIRM's sole risk. 16.4 FIRM shall coordinate, supervise and direct the Project competently and efficiently, devoting such attention thereto and applying such skills and expertise as' may be necessary to perform the Project in accordance with the Contract Documents. FIRM shall be solely responsible for the design, means, methods, techniques, safety, sequences and procedures of construction. FIRM shall give efficient supervision to the work, using FIRM's best skill, attention, and judgement. 0 C 'S RIGHT O JERMINATE 17.1 The following shall give COUNTY the right to terminate this Agreement with FIRM: 17.1.1 If FIRM fails to begin the design and construction of the Project within the time specified by the Contract Administrator via a Work Authorization for a Project Segment, or fails to perform the Project Segment with sufficient workers and equipment or with - _ sufficient materials to insure the prompt comple- tion of the Project Segment, or shall perform the work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Project Segment. 17.1.2 If FIRM shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Project or Project Segments in an acceptable manner, COUNTY's Contract Administrator may give notice in writing to FIRM and its Surety of such delay, neglect or default, specifying the same. If FIRM, within a period of ten (10) days after such notice, shall not proceed in accordance therewith, then COUNTY may, upon written M: RDC4mt2.:.D} -20- 10 V 96 TR 8476 - Exhibit 1 certificate from COUNTY's Contract Administrator of the fact of such delay, neglect or default an* FIRM's failure to comply with such notice, termi nate the services of FIRM, exclude FIRM from site and take the prosecution of the Project out of the hands of FIRM, and appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable. 17.2 In the event of 17.1 above, FIRM shall not be entitled to receive any further payment until the Project segment or Segments are finished. 17.3 In the event that 17.1 above occurs, COUNTY may enter into a separate agreement for the completion of the Project according to the terms and provisions' of the Contract Documents or use such other methods as in its opinion shall be required for the completion of the Project in an acceptable manner. 17.4 In the event that 17.1 above occurs, all damages, costs and charges incurred by COUNTY shall be deducted from any monies due or which may become due to said FIRM. Actions will be instituted to recover on the posted bonds. In case the damages and expenses so incurred by COUNTY shall be less than the sum which would have been payable under this Agreement, if it had been completed by said FIRM, then FIR I shall be entitled to receive the difference. If such damages and costs exceed the unpaid balance, then FIRM shall be liable and shall pay to COUNTY the amount of said excess. 17.5 If, after Notice of Termination of FIRM's right to proceed, it is determined for any reason that FIRM was not in default, the rights and obligations of COUNTY and FIRM shall be the same as if the notice of termination had been issued _ pursuant to the Termination for Convenience clause as set forth in Section 17.6 below. _ 17.6 The performance of work under this Agreement may be terminated in writing by COUNTY 0s Contract Administrator for convenience upon not less than ten (10) days written notice to FIRM (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, FIRM shall be paid for all work executed and expenses incurred prior to termination in addition to termination settlement costs reasonably incurred by FIRM relating to commitments which had become firm prior to the date of termination. Payment shall include reasonable profit for services actually performed in full prior to termination date, but shall exclude all lost profits, indirect or special, or other damages. • M/RDCAg13t2.f.DA .21- 10+17/96 TR 8476 - Exhibit 1 17.7 Upon receipt of Notice of Termination pursuant to Articles 17.1 or 17.2 above, FIRM shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver or otherwise make available to COUNTY's Contract Administrator all data, drawings, specifi- cations, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. If the Project should be stopped under an order of any court or other public authority for a period of more than ninety (90) calendar days, through 'no act or fault of FIRM or of anyone employed by FIRM, or if COUNTY"s Contract Administrator should fail to review and approve or state in writing reasons for non -approval of any estimate for payment within twenty ( 20 ) days after it is presented, or if COUNTY fails to pay FIRM within thirty (30) days after presentation by FIRM of any proper invoice accompanied by the required update of the construction schedule, then FIRM may, upon seven (7) days written notice to COUNTY and COUNTY's Contract Ad- ministrator, stop work or terminate this Agreement and recover from • COUNTY payment for all work executed and any expense sustained plus reasonable termination expenses. COUNTY, through its Contract Administrator, shall have the right to require FIRM to modify the details of these drawings (plans) and specifications, to supplement said plans with additional plans, drawings or additional information as the Project proceeds, all of which shall be considered as part of the Contract Documents at no additional cost to the COUNTY. -All plans, general and detail, are to be deemed a part of this Agreement, and the plans and specifications and Agreement are to be considered together, and are intended to be mutually complementary, so that any work shown on the plans, though not specified in the specifications, and any work specified in the specifications though not shown on the plans, is to be executed by FIRM as part of this Agreement. All things which in the opinion of COUNTY's Contract Administrator may reasonably be inferred from the Agreement and plans as developed by FIRM and approved by COUNTY's Contract Administrator are to be executed by FIRM under the terms of this Agreement; and the Contract Administrator shall determine whether the detail plans conform to the Contract Documents, except as may be otherwise determined by COUNTY's Contract Administrator. All plans and specifications and related technical documentation should be in the form of a CADD drawing file and paper copy. M/RDCAgnt2.!,DA -22- 10;17,96 TR 8476 - Exhibit 1 FIRM shall take measurements and verify all dimensions, conditions, quantities and details shown on the drawings, schedules, or other data received from COUNTY's Contract Administrator, and shall notify COUNTY's Contract Administrator of all errors, omissions, conflicts and discrepancies found therein. Failure to discover or correct errors, conflicts or discrepancies shall not relieve FIRM of full responsibility for unsatisfactory work, faulty construction, or improper operation resulting therefrom nor from rectifying such condition at FIRM's own expense. FIRM will not be allowed to take advantage of any error or omissions. FIRM warrants to COUNTY that all materials and equipment furnished for the Project will be new unless otherwise specified and that all work for the Project will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work for the Project not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If materials or equipment is improperly stored and becomes altered as a result of such improper storage, FIRM shall replace said materials with new materials at no additional cost. FIRM shall be responsible for proper storage and safeguarding of all materials. If required by the. Contract Administrator, FIRM shall furnish satisfactory evidence as to the kind and quality of materials and equipment. ARTICLE 22 VERY AND ST01 AGE OF 22.1 COUNTY may, at its sole option; allow partial payment for materials delivered and stored either on or off site for use on the Project. 22.2 Material stored on the job site shall be verified as to quantity and condition by COUNTY's Contract Administrator or his representative prior to receipt of any payment. Safeguarding the material shall be the responsibility of FIRM. Any materials which have been lost, stolen, damaged or otherwise deemed unacceptable by COUNTY's Contract Administrator shall be replaced by FIRM at no additional cost to COUNTY. N1,'RDC4nt2.ADA -23- 10 1- 96 LJ 11 TR 8476 - Exhibit 1 • • 22.3 Materials stored off the job site for which partial payment is sought shall be stored in a bonded warehouse. The material shall be inspected by COUNTY's Contract Administrator who will verify quantities and condition of all materials. Safeguarding the material shall be the responsibility of FIRM. 23.1 Articles, materials, and equipment specified or shown on drawings shall be new and shall be applied, installed, connected, erected, used, cleaned, and conditioned for proper forming, as per the manufacturer's directions, and as approved by COUNTY's Contract Administrator. FIRM shall, if required, furnish satisfactory evidence as to kind and quality of the materials. 23.2 FIRM shall apply, install, connect, and erect manufactured items or materials according to recommendations of manufacturer when such recommendations are not in conflict with the Contract Documents. VE WO 24.1 COUNTY's Contract Administrator shall have the authority to reject or disapprove work for the Project which COUNTY's Contract Administrator finds to be defective. If required by COUNTY's Contract Administrator, FIRM shall promptly either, as directed, correct all defective work or remove it from the Project site and replace it with non -defective work. FIRM shall bear all direct, indirect and conse- quential costs of such removal or correction. _ 24.2 If, within one (1) year after substantial completion, any work is found to be defective, or not in accordance with the Contract Documents, FIRM shall correct it promptly without cost to COUNTY, after receipt of written notice from COUNTY's Contract Administrator to do so unless COUNTY's Contract Administrator has given FIRM a written acceptance of such conditions. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which FIRM might have under the Contract Documents, including Article 23 hereof, or applicable state law. 24.3 Should FIRM fail or refuse to remove or correct any defective work performed for the Project, or to make any necessary repairs in an acceptable manner, and in accordance with the requirements of this Agreement, within the time H/RD mt,2. WA -24- 10,117,96 TR 8476 - Exhibit 1 indicated in writing, COUNTY's Contract Administrator shall . have the authority to cause the unacceptable or defective work to be removed or corrected, or make such repairs as may be necessary to be made at FIRM's expense. Any expense incurred by COUNTY in making these removals, corrections or repairs, which FIRM has failed or refused to make shall be paid for out of any monies due or which may become due to FIRM, or may be charged against the bond or guaranty. Continued failure or refusal on the part of FIRM to make any or all necessary repairs promptly, fully, and in an acceptable manner shall be sufficient cause for COUNTY to declare this Agreement forfeited, in which case COUNTY, at its option, may purchase materials, tools, and equipment and employ labor or may contract with any other individual, firm or corporation, or may proceed with its own forces to perform the work. All costs and expenses incurred thereby shall be charged against the defaulting FIRM; and the amount thereof deducted from any monies due, or which may beCOmA- due to FIRM, shall be charged against the bond or guaranty. Any special work performed, as described herein, shall not relieve FIRM in any way from its responsibility for the work performed by it. 24.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered or obligate COUNTY to final acceptance. YiJ• • .. i FIRM shall, after award and prior to the start of construction, notify COUNTY's Contract Administrator in writing of the names of subcontractors proposed for the Project and identify the portion of the work for the Project each will perform. FIRM shall have a continuing obligation to notify COUNTY's Contract Administrator of any change in subcontractors. Notification of the names of subcontractors shall not relieve FIRM from the prime responsibility of full and complete satisfactory performance of all contractual obligations. SEPARATE 26.1 COUNTY reserves the right to enter into other contracts in connection with this Project. FIRM shall afford other COUNTY contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this work with the other contractors. N/RDCAgGtz.ADA -25- 10 1796 TR 8476 - Exhibit 1 • 26.2 If any part of FIRM's work depends on proper execution or results of the work of any other contractor, FIRM shall inspect and promptly report to COUNTY"s Contract Administrator any defects in such work that renders it unsuitable for such proper execution and results. FIRM's failure to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper for the reception of FIRM's work, except as to defects which may develop in other contractor's work after the execution of FIRM's work. 26.3 To insure the proper execution of its subsequent work, FIRM shall inspect the work already in place and shall at once report to COUNTY's Contract Administrator any discrepancy between the executed work and the requirements of the Contract Documents. 26.4 No claim for damages or any claim other than for an extehssion of time shall be made or asserted against COUNTY by reason of any delays due to work of other contractors. USE OF CO N 27.1 COUNTY's contract Administrator shall have the right to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such possession - and use delays the Project, FIRM shall be entitled to reasonable extension of time, as determined by COUNTY's Contract Administrator. 27.2 In the event COUNTY takes possession, the following shall occur: 27.2.1 COUNTY's Contract Administrator shall give notice to FIRM at least thirty (30) days in advance regarding COUNTY's intent to occupy a designated area. 27.2.2 FIRM shall bring the designated area to the point Of Substantial Completion. When FIRM considers that the designated area of the Project is substantially complete, FIRM shall so notify COUNTY's Contract Administrator in writing and shall prepare for submission to COUNTY's Contract Administrator a list of items to be completed or corrected. The failure to include any items on such list does not alter the responsibility of FIRM to complete work on the designated area in accordance with the Contract Documents. COUNTY's HiRDCA913t2-AD4 -26- 1047/96 TR 8476 - Exhibit 1 Contract Administrator shall conduct an inspection to determine that the designated portion of the Project is substantially complete. COUNTY's Contract Administrator will then instruct FIRM to prepare and deliver to COUNTY's Contract Administrator a Certificate of Occupancy pertinent to the designated portion, which Certificate of Occupancy shall be issued by the appropriate authority having jurisdiction over the Project. COUNTY's Contract Administrator and FIRM shall agree on the time within which FIRM shall complete the items listed. 27.2.3 Upon issuance and acceptance of the Certificate of Substantial Completion and Certificate of Occupancy (CO), COUNTY will assume full responsibility for maintenance, utilities, subsequent damages of COUNTY and public, adjustment of insurance coverages and start of warranty for occupied area. FIRM shall remain responsible for all items listed to be completed or corrected as submitted to COUNTY"s Contract Administrator as required in the substantial completion process. 27.2.4 If COUNTY finds it necessary to occupy or use a portion or portions of the Project prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by COUNTY's Contract Administrator and FIRM and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. This insurance shall not be canceled or lapsed on account of such partial occupancy or use. Consent of FIRM and of the insurance company or companies to such occupancy or use _ shall not be unreasonably withheld. 28.1 FIRM shall use areas approved by COUNTY's Contract Administrator for deliveries and personnel. Contract limits of construction area are indicated on the drawings. Equipment, material and personnel shall be in conformance with this Contract. 28.2 To provide for maximum safety and security, FIRM shall erect and maintain all necessary barricades, and any other temporary walls and structures as required, and boarding to protect life and property during the period of construction. M:'RDCSgnt2.ADA -27- 10 17.96 TR 8476 - Exhibit 1 • ARTICLE-7-2 COUNTY shall provide as indicated in the Contract Documents, the lands upon which the Project is to be performed, rights -of -way and easements for access thereto and such other lands as are designated for the use of FIRM. No claim for damages or other claim other than for an extension of time shall be made or asserted against COUNTY by reason of any delay arising as a result of any failure of COUNTY to provide such lands on the date needed by FIRM: The provisions of Article 9 hereof shall apply. FIRM shall conform to all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and FIRM's general operations. FIRM shall also conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the written consent of the proper authorities. __,� -. • ...... ...... . . . . . ........ - - - - - - - - ..... 31.1 Existing utilities have been shown in the Contract Documents insofar as information is reasonably available; however, it will be FIRM's responsibility to verify such information and to preserve all existing utilities whether shown in the Contract Documents or not. If utility conflicts are encountered by FIRM during construction, FIRM shall give sufficient notice to the owners of the utilities so that they may make the necessary adjustments. _ 31.2 FIRM shall exercise care and take all precautions during excavation and construction operations to prevent damage to any existing facilities, equipment, or utilities. Any damage caused by FIRM shall be reported immediately to COUNTY's Contract Administrator and such work shall be repaired and/or replaced by FIRM in a manner approved by COUNTY's Contract Administrator. All costs to repair and/Or replace any damage to existing facilities, equipment, or utilities shall be the sole responsibility of FIRM, and such repair or replacement shall be performed expeditiously without cost to COUNTY. 31.3 FIRM shall provide that type of required protection for finished work at all times and protect adjacent work during M/RDC.1gnt2. ADA -28- 10'17: 96 7R 8476 - Exhibit 1 cleaning operations, and make good any damage resulting from neglect of this precaution. 0 31.4 Protection of work shall include protecting work that is factory finished, during transportation, storage, during and after installation. Where applicable and as required, FIRM shall close off spaces of areas where certain work has been completed to protect it from any damages caused by others during their operations. 31.5 FIRM shall store materials and shall be responsible for and shall maintain partly or wholly famished work during the continuance of the contract and until the final acceptance of the structure. If any materials or part of the work should be lost, damaged, or. destroyed by any cause or means whatsoever, FIRM shall, satisfactorily repair and replace the same at FIRM's own cost. FIRM shall maintain suitable and sufficient guards and barriers, and at night, suitable and sufficient lighting for the prevention of accidents. 31.6 To all applicable sections where preparatory work is part of work thereon, FIRM shall carefully examine surfaces over which its finished work is to be installed, laid or applied before commencing with the work. FIRM shall not proceed with said work until defective surfaces on which work is to be applied are corrected satisfactorily to COUNTY's Contract Administrator. Commencement of work shall be considered acceptance of surfaces and conditions. 32.1 COUNTY's Contract Administrator shall have the right to approve and issue field orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in contract execution, providing the field order involves no change in the total cost of the Project or the time of performance. 32.2 COUNTY's Contract Administrator shall have the right to approve and issue supplemental instructions setting forth written orders, instructions, or interpretations concerning the Agreement or its performance, provided they make no major changes in contract execution and involve no change in the total cost of the Project or the time of performance. 32.3 COUNTY's Contract Administrator may, at his/her discretion, adjust the projects within the scope of this Agreement via original or revised Work Authorizations and/or adjustments to projects time/cost. 0 NJRDC.Aget2.AN. -29- 10,17;96 TR 8.476 - Exhibit 1 0 ARTICLE 33 FIRM shall not be entitled to an increase in the Contract Sum or payment or compensation of any kind from COUNTY for direct, indirect, consequential, impact or other costs, expenses or damages, including, but not limited to, costs of acceleration or inefficiency, arising because of delay, disruption; interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, FIRM for hindrances or delays due solely to fraud, bad faith or active interference on the part of COUNTY or its agents. Otherwise, FIRM shall be entitled only to extensions of the contract time as the sole and exclusive remedy for such resulting delays, in accordance with and to the extent specifically provided above. The specific application of this Article to other provisions of this Agreement shall not be construed as a limitation of any sort upon the further application of this Article. ARTICLE 34 COMPLETION When FIRM considers that the Project, or a designated Portion thereof which is acceptable to COUNTY, is substantially complete, FIRM shall so notify COUNTY's Contract Administrator in writing and shall prepare for submission to COUNTY's Contract Administrator a thorough list of items to- be completed or corrected, together with a schedule for completion of all items. The failure to include any items on such list does not alter the responsibility of FIRM to complete all work in accordance with the Contract Documents. COUNTY"s Contract Administrator or designee - shall conduct an inspection to determine that the Project or designated portion thereof is substantially complete and compile a list of items to be corrected or completed that will be added to FIRM's list. COUNTY's Contract Administrator will then instruct FIRM to prepare and deliver to COUNTY's Contract Administrator a Certificate of Substantial Completion which shall establish the date of Substantial Completion. After review of the Certificate by COUNTY's Contract Administrator, COUNTY shall either accept or reject the Certificate. COUNTY's Contract Administrator, with the concurrence of FIRM, shall fix the time within which FIRM shall complete the items listed therein. Warranties required by the Contract Documents shall commence on the date of Substantial Completion. The Certificate of Substantial Completion shall be submitted by COUNTY's Contract Administrator to FIRM for its written acceptance of the responsibilities assigned to it in such Certificate. M1' RDC:gnt2-ID:. -30- 101' 96 TR 8476 - Exhibit 1 35.1 FIRM shall submit Shop Drawings to COUNTY's Contract Administrator for all equipment, apparatus, machinery, fixtures, piping, wiring, fabricated structures and manufactured articles. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the' Contract Documents. 35.2 FIRM shall submit to COUNTY's Contract Administrator a complete _list of items for which shop Drawings are to be submitted. Approval of this list by COUNTY's Contract Administrator shall in no way relieve FIRM from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 35.3 After the approval of the list of items required in Section 35.2, FIRM shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. 35.4 FIRM shall thoroughly review and check the Shop Drawings and each and every copy shall show FIRM's approval thereon. FIRM shall review and respond to shop Drawings within fifteen (15) days of submittal. 35.5 If the Shop Drawings show or indicate departures from the Contract requirements, FIRM shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve FIRM from its responsibility to comply with the Contract Documents. 35.6 No work called for by Shop Drawings shall be done until the said drawings have been approved by COUNTY'S Contract Administrator. Approval shall not relieve FIRM from responsibility for errors or omissions of any sort on the Shop Drawings. COUNTY's Contract Administrator shall review and respond to Shop Drawings within fifteen (15) days of submittal. 35.7 No approval will be given to partial submittal of Shop Drawings for items which interconnect and/or are interdependent. It is FIRM's responsibility to assemble the Shop Drawings for all such interconnecting and/or independent items, check them itself and then make one submittal to COUNTY's Contract Administrator along with FIRM's comments as to compliance, noncompliance, or features requiring special attention. • • H/RDCAgnt2.AD1 -31- 10 17.'96 • TR 8476 - Exhibit 1 • • 35.8 If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 35.9 FIRM shall submit the number of copies required by COUNTY's Contract Administrator. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. 35.10 COUNTY's Contract Administrator's approval of the Shop Drawings will be general, and shall not relieve FIRM of responsibility for the accuracy of such drawings, nor for the proper fittings and construction of the work, nor for the furnishing of the materials or work required by .the Contract and not indicated on the drawings. No work called for by the Shop Drawing shall be done until the said drawings have been approved by COUNTY'S Contract Administrator. Approval shall not relieve FIRM from responsibility for errors or omissions of any sort on the Shop Drawings. 35.11 FIRM shall have one set of Shop Drawings marked with COUNTY's Contract Administrator's approval for use at the Project site(s) at all times. 35.12 At least thirty (30) days prior to the commencement of construction, FIRM shall submit a schedule of values to COUNTY's Contract Administrator. The schedule will be typed on 8-1/2" x 11" white paper listing: Title of project, location, project number, architect, contractor, contract designation, and date of submission. The schedule shall list the installed value of the component parts of the work in sufficient detail to serve as a basis for computing values for progress payments during the construction. The table of contents of the specifications shall establish the format for listing the component items. Each line item will be identified by the number and title of the respective major section of the specifications. For each line item, FIRM shall list the subvalues of major products or operations under the item. Each item shall include the proportional FIRM's overhead and profit. For any items for which progress payments will be requested for stored materials, the value will be broken down with: 35.12.1 The cost of materials delivered, unloaded, properly stored and safeguarded, with taxes paid; and . 35.12.2 The total installed value. H/RDCAg2t2JLDS -32- 10 '17; 96 TR 8476 - Exhibit 1 AHTICLE__aC 0 36.1 FIRM shall provide and pay for field engineering services required for the Project. This work shall include the following elements: 36.1.1 Survey work required in execution of the Project. 36.1.2 Civil, structural or other professional' engineering services specified, or required to execute the FIRM's construction methods. ARTICLE 37 LULILIZYOUT OF THE WORK AND RECORD DRAWINGS J 37.1 The entire responsibility for establishing and maintaining a line and grade in the field lies with FIRM. FIRM shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, manholes, handholds, fittings and the like and shall deliver these records in good order to COUNTY's Contract Administrator as the work is completed in a format compatible with CARD equipment. These records shall serve as a basis for "record" drawings. The cost of all such field layout and recording work is included in the prices bid for the appropriate items. 37.2 FIRM shall maintain in a safe place for the Project site(s ) one record copy of all Drawings (Plans), Specifications, Addenda, written amendments, Change Orders and written interpretations and clarifications in good order and in a format compatible with CADD equipment. These record documents _together with all approved samples and a counterpart of all approved Shop Drawings will_be available to COUNTY's Contract Administrator for reference. Upon completion of the Project, these record documents, samples and Shop Drawings shall be delivered to COUNTY'S Contract Administrator. 37.3 At the completion of the Project, FIRM shall turn over to COUNTY's Contract Administrator a set of reproducible drawings which accurately reflect the "as built" conditions of the improvements in a format compatible with CADD equipment. All changes made to the construction documents, either as clarifications or as changes, will be reflected in the plans. The changes shall be submitted at least monthly to COUNTY's Contract Administrator. These "as built" drawings must be delivered and found to be acceptable prior to final payments. 0 M/RDCAgtit2.ADA -33- 10/17/96 TR 8476 - Exhibit 1 • ARTICLE 38 • 38.1 FIRM shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. FIRM shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss for 38.1.1 All employees on the Project and other persons• who may be affected thereby; 38.1.2 All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 38.1.3, 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. 38.2 FIRM 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. FIRM shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in Sections 38.1.2 and 38.1.3 above, caused directly or indirectly, in whole or in part, by FIRM, any subcontractor or consultant 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 FIRM. FIRM's duties and responsibilities for the safety and protection of the Project shall continue until such time as all the Project is completed and COUNTY's Contract Administrator has issued a notice to FIRM that the Project is acceptable except as otherwise provided in Article 27, Use of Completed PorS- _ns. 38.3 FIRM shall designate a responsible member of its organization at the Project site whose duty shall be the prevention of accidents. This person shall be FIRM's Designated Representative unless otherwise designated in writing by FIRM to COUNTY's Contract Administrator. N/RDCAgnt2.AD_. -34- 10 1,7 415 TR 8476 - Exhibit 1, 11 FIRM shall furnish and erect one or more signs at the Project site as directed by COUNTY's Contract Administrator. Firm may install signage at the site subject to approval by COUNTY's Contract Administrator. CLEANING UP AND REMOVAL OF EOU 40.1 FIRM shall at all times keep the Project site free from accumulation of waste materials or rubbish caused by FIRM's operations. At the completion of the Project, FIRM shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If FIRM fails to clean up at the completion of the Project, COUNTY may do so; and the cost thereof shall be charged to FIRM. 40.2 COUNTY's Right to Cleanest p If a dispute arises between FIRM and separate contractors as to responsibility for cleaning up, COUNTY may clean up and • charge the cost thereof to FIRM. 40.3 Removal of]Egqipment In case of termination of this Agreement before completion for any cause whatsoever, FIRM, if notified to do so by COUNTY's Contract Administrator, shall promptly remove any part or all of FIRM's equipment and supplies from the property of COUNTY, failing which COUNTY shall have the right to remove such equipment and supplies at the expense of FIRM. AILING WAGE_ _RATES 41.1 If the Work Authorization is in excess of $250,000.00, the rate of wages and fringe benefit payments for all laborers, mechanics, and apprentices shall not be less than those payments for similar skills in classifications of work as determined by the Secretary of Labor and as published in the Federal Register (latest revision and Broward County Ordinance 82-72). 41.2 All mechanics, laborers, and apprentices, employed or working directly upon the site of the Project, shall be paid is unconditionally, and without subsequent deduction or rebate M/RDCAg3t2.ADA -35- 1047/96 TR 8476 - Exhibit 1 • on any account (except such payroll deductions as are permitted by the Copeland Regulations 29 CFR Part 3, as amended), the full amounts due at time of payment, computed at wage rates not less than the aggregate of the basic hourly rates and the rates of payments, contributions, or costs for any fringe benefits contained in the latest wage determination decision of the Secretary of Labor, regardless of any contractual relationship which may be alleged to exist between FIRM or subcontractor and such laborers, mechanics, and apprentices. A copy of such wage determination decision shall be kept posted by FIRM at the. site of the Project in a prominent place where it can be easily seen by the workers. 41.3 In the event that any class of laborers or mechanics or apprentices, which is not listed in the wage determination decision, is to be employed under this Agreement, FIRM shall classify or reclassify same conformably to the wage determination decision and shall report the action to COUNTY's Contract Administrator for his/her review and approval. If the parties cannot agree on the p.roper classification of a particular class of laborers or mechanics or apprentices to be used, COUNTY's Contract Administrator shall submit the question, together with his/her recommendation, to the County Administrator for final determination. 41.4 In the event it is found by COUNTY's Contract Administrator that any laborer or mechanic or apprentice employed by FIRM, or any subcontractor directly on the site of the Project covered by this Agreement, has been or is being paid at a rate of wages less than the rate of wages required by Section 26.5, Broward County Code, COUNTY's Contract Ad- ministrator may (1) by written notice to FIRM terminate FIRM's right to proceed with the Project or such part of Project on which there has been a failure to pay said _required wages; and (2) at COUNTY's option, prosecute the Project to completion by other lawful means. Whereupon, such FIRM and its sureties shall be liable to COUNTY for any excess costs occasioned to COUNTY thereby. 41.5 Sections 41.1 through 41.4 above shall apply to this Agreement to the extent that it is (1) a prime contract subject to the ordinance; or (2) a subcontract also subject to the ordinance under such prime contract. 41.6 FIRM shall maintain payrolls and basic records relating thereto during the course of the Project and shall preserve them for a period of three (3) years thereafter for all laborers, mechanics, and apprentices working at the site of the Project. Such records shall contain the name and address of each such employee; his/her current classification; rate of pay (including rates of H;RDCA9at2.ADs -36- 10 17 96 TR 8476 - ExIlibit 1 contributions for, or costs assumed to provide, fringe benefits); daily and weekly number of hours worked; deductions made; and actual wages paid. 41.7 FIRM shall submit with each requisition for payment a signed and sworn "Statement of Compliance" attesting to compliance with Broward County ordinance No. 83-72. The Statement shall be in the farm attached hereto as Exhibit "F" and made a part hereof. 41.8 COUNTY's Contract Administrator may withhold or cause to be withheld from FIRM so much of the payments requisitioned as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, watchmen, and guards employed by FIRM or any subcontractor on the Project, the full amount of wages required by the Agreement. 41.9 If FIRM fails to pay any laborer, mechanic, or apprentice employed or working on the site of the Project all or any part of the wages required by the Agreement COUNTY's Contract Administrator may, after written notice to FIRM, take such action as may be necessary to cause suspension of any further payments or advances until such violations have ceased. ART ICLE_42 BONDS --AND CERTIFJQATES Within fifteen (15) days of being notified of the award in Step II of this Project, FIRM shall_ furnish a Performance and Payment Guaranty consisting of either: 42.1 Performance and Payment --Bond fSuret_Y1: 42.1.1 A performance and Payment Bond (separate Performance Bond and separate Payment Bond) of the form and containing all the provisions of the Performance and Payment Bond (Performance Bond and Payment Bond forms), attached hereto and made a part hereof. 42.1.2 The Bonds shall initially be in the amount of Six Hundred Thousand Dollars ($600,000.00) guaranteeing to COUNTY the completion and performance of the work authorized under the Work Authorization issued under this Agreement as well as full payment of all suppliers, materialmen, laborers, or subcontractors employed pursuant to this Project. Such Bonds shall be with a surety company which is qualified pursuant to Section 42.3, Qualificatigns of Surety. The bonds N%RDCkg1t1.ADA -37- 1v,ir+70 TR $476 - Exhibit 1 be maintained as acceptable through the duration of this Agreement. In the event that the amount of uncompleted work issued by Work Authorizations exceeds $600,000.00, FIRM's surety shall increase the amount of such bond(s) to meet or exceed the amount of uncompleted work. COUNTY's Contract Administrator may authorize a reduction back to $600,000.00 as work is completed. 42.1.3 Such Bonds shall continue in effect for one (1) year after completion and acceptance of the Segment or Work Authorization with liability equal to one hundred percent (1000) of the Contract price, 'or an additional bond shall be conditioned that FIRM will, upon notification by y COUNTY's Contract Administrator, correct any defective or faulty work or materials which appear within one year after completion of the Contract. 42.2 Pgrformance and Payment Guarant 42.2.1 In lieu of a Performance and Payment Bond, FIRM may furnish an alternate form of security which may be in the form of cash, money order, certified check, cashier's check or irrevocable letter of credit. Such alternate forms of security shall be for the same purpose and shall be subject to the same conditions as those applicable above and shall be held by COUNTY for one (1) year after completion and acceptance of the Project. 42.3 Qualifications of Suret 42.3.1 A separate Performance Bond and Payment Bond must be executed by a surety company of recognized standing, authorized to do business in the state of Florida as surety, having a resident agent in the state of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 42.3.2 In addition to the above -minimum qualifications, the surety company must meet at least one of the following additional qualifications: 42.3.2.1 The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of H/RDC yot2.AD -38- 10 17 46 7R 8476 - Exhibit 1 42.3.3 Treasury Circular 570, Current . Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978, (31 DFR Section 223.10 Section 223.111). Further, the surety company shall Provide COUNTY's Contract Administrator with evidence satisfactory to COUNTY's Contract Administrator that such excess risk has been protected in an acceptable manner. 42.3.2.2 The surety company shall have at least the following minimum ratings in the latest revision of Best's Insurance Report: Best's Policy- Financial holder's Size Amount of Boj2d Ratings Category . 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII For projects which do not exceed $500,000.00, COUNTY shall accept a Performance and Payment - Bond from a surety company which has twice the minimum surplus and, capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a current valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code. The Certificate and Affidavit so certifying (Form 00622) should be submitted with the Bid Bond and also with the Performance and Payment Bond. HjRDCA9nt2.1D.k -39- 10 1-.96 TR 8476 - Exhibit 1 • 42.3.4 FIRM may change the bonding company(ies) furnishing the requisite bond(s) under this Article with a ninety (90) day written notice to COUNTY's Risk Management Division, copy to the Contract Administrator, so long as the substitute bonding company(ies) satisfies and at least meets the same criteria required of the previous accepted bonding company(ies) under this Agreement. 42.4 AT N OF COUNTY 42.4.1 In consideration of twenty-five dollars ($25.00), separately acknowledged by FIRM, and other valuable consideration, FIRM shall indemnify and save harmless COUNTY, its officers, agents and employees, from or on account of any injuries or damages, received or sustained by any person or persons during or on account of any operations connected with the Project; or by or in consequence of any negligence (excluding neg- ligence of COUNTY), in connection with the same; or by use of any improper materials or by or on account of any act, error or omission of FIRM or . any subcontractor, consultants, agents, servants or employees. FIRM agrees to indemnify and save harmless COUNTY against any claims or liability arising from or based upon the violation of any federal, state, county or city laws, by-laws, ordinances or regulations by FIRM, its subcontractors, agents, servants or employees. FIRM further agrees to indemnify and save harmless COUNTY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against COUNTY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against COUNTY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. This consideration is separate and distinct from any other consideration received by FIRM. 42.4.2 FIRM further agrees to indemnify, save harmless and defend COUNTY, its agents, servants and employees, from and against any claim, demand or cause of action of whatever kind or nature arising out of any conduct or misconduct of FIRM not otherwise included in this Agreement and for which COUNTY, its agents, servants or employees, are alleged to be liable. H/RDCAgmt2.ADA -40- 10 17r46 TR 8476 - Exhibit 1 42.4.3 The indemnification provided above shall obligate • FIRM to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at COUNTY's option, any and all claims of liability and all suits and actions of every name and description that may be brought against COUNTY which may result from the operations and activities under this Agreement whether the construction operations be performed by FIRM, its sub- contractors, its consultants or by anyone' directly or indirectly employed by any of the above. 42.4.4 The execution of this Agreement by FIRM shall obligate FIRM to comply with the foregoing indemnification provision; however, the collateral obligation of insuring this indemnity must be complied with as set forth below in Section 42.5. 42.4.5 If the surety on any bond furnished by FIRM 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 other applicable laws or regulations, FIRM shall within thirty (30) days thereafter 0 substitute another bond and surety, both of which must be acceptable to COUNTY via its Contract Administrator and Risk Management Division. 42.5 _INSURANCE FIRM shall provide, pay for, and maintain in force at all times during the Project, such insurance, including Worker's Compensation Insurance, Employer's Liability Insurance, Comprehensive General or Commercial Liability Insurance, - Builder's Risk Insurance, and shall require Consultant to provide, pay for and maintain in force at all times during the Project, Professional Liability Insurance, as will assure to COUNTY the protection contained in the foregoing indemnification undertaken by FIRM. The Comprehensive General or Commercial Liability policy shall clearly identify the foregoing indemnification as insured under this article. Such policy or policies shall be issued by United States Treasury approved 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. FIRM shall specifically protect COUNTY by naming COUNTY as a named insured under the Comprehensive General or Commercial Liability Insurance Policy hereinafter described. H/RDCAg2t2.ADA -11- 101- 96 TR 8476 - Exhibit 4 • 42.5.1 EKOfessional Liability Insurance with limits of liability provided by such policy not less than Three Hundred Thousand Dollars ($300,000.00) each claim to assure COUNTY the indemnification specified in section 42.4. such policy may carry a deductible, however, any deductible shall not exceed Twenty Five Thousand Dollars ($25,000.00) for each claim. The Certificate of Insurance for Professional Liability Insurance shall reference the applicable deductible and the Project. 42.5.2 W e ' o to apply for all employees in compliance with the "Worker's Compensation Law" of the state of Florida and all applicable federal laws. In addition, the policy(ies) must include: Employers' Liability with a limit of $100,000.00 each accident. 42.5.3 9-qWrehensive Gene o Co vial L'a with minimum limits of Five Hundred Thousand Dollars ($500,000.00) -per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance services Office and must include: Premises and/or Operations. Independent Contractors. Products and/or Completed Operations. FIRM shall maintain in force until -at least three (3) years after final completion of the Project coverage for Products and Completed Operations, including Broad Form Property Damage. Explosion, Collapse and Underground Coverages. Broad Form Property Damage. Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless and/or indemnification . agreement. H;RDCAgnt2.ADf -42- 10,1:";96 iR 8476 - Exhibit 1 , Personal Injury Coverage with Employees and • Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Notice of Cancellation and/or Restriction --- The policy(ies) must be endorsed to provide Broward County with thirty (30) days notice of cancellation and/or restriction. 42.5.4 Business Automobilpb' with minimum limits of Three Hundred Thousand Dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance services Office and must include: Owned vehicles. Non -owned and hired vehicles. 42.5.5 Builder's Risk Insurance will be provided by • COUNTY for this Project. The Builder's Risk Policy is issued with a Ten Thousand Dollar ($10,000.00) deductible per claim. In the event a claim occurs for this Project, FIRM will pay 50% or Five Thousand Dollars ($5,000.00) expenditure for its portion of the deductible. 42.5.6 Notice of Cancellation, Expiration and/or Restriction: The policy(ies) must be endorsed to provide Broward County with thirty (30) days notice of cancellation, expiration and/or restriction, to the attention of the Broward County Risk Manager at Risk Management Division, Governmental Center, Room 210, 115 South Andrews Avenue, Fort Lauderdale, Florida 33301. 42.5.7 FIRM shall furnish to COUNTY's Contract Administrator Certificate(s) of Insurance evidencing the insurance coverages required herein prior to final award by the Board. such certificate(s) shall reference this Agreement. COUNTY reserves the right to require a certified copy of such policies upon request. All certificates shall state that COUNTY shall be given thirty (30) days prior written notice of cancellation and/or expiration. . H/RDCAgnt2.ADA -43- 10, 1790 TR 8476 - Exhibit 1 is 43.1 42.5.8 The official title of the owner is "Broward County Board of County Commissioners." This official title shall be used in all insurance, or other legal, documentation. COUNTY and the Broward County Board of County Commissioners are to be included as "Additional Insureds" with respect to liability arising out of operations performed for COUNTY by or on behalf of FIRM or acts or omissions of FIRM in connection with such operation. All fees, royalties, and claims for any invention, or pretended invention, or patent of any article, material, arrangement, appliance or method that may be used upon or in any manner be connected with the construction of this Project or appurtenances, are hereby included in the prices stipulated in this Agreement for said Project. 43.2 DAT 43.3 43.4 43.5 All elevations are referred to as National Geodetic Vertical Datum (N.G.V.D.) of 1929. RIGHTS F VARIO0_1U1ERZSM Whenever work being done by COUNTY's forces or by other contractors is contiguous to work covered by this Agreement, the respective rights of the various interests involved Shall be established by COUNTY's Contract Administrator to secure the Completion of the various portions of the work in general harmony. ASS„GN FNT FIRM shall not assign this Agreement in whole or subcontract it as a whole without the written COUNTY, nor shall FIRM assign any monies due or due to it hereunder, without the prior written COUNTY's Contract Administrator. NO N EREST in part or consent of to become consent of Any monies not paid by COUNTY when claimed to be due to FIRM under this Agreement shall not 'be subject to interest. However, the provisions of COUNTY's prompt payment ordinance (Sec. 1-51.6), as such relates to timeliness of payment, and the provisions of Section 218.74(4), Florida Statutes, as M/RDCAgmt2.ADA -44- 10.17,96 TR 8476 - Exhibit 1 43.6 43.7 43.8 such relates to the payment of interest, shall apply to valid and proper invoices. 0 • __ : • be ti Drawings, specifications, designs, models, photographs, computer CADD discs, reports, surveys, and other data provided in connection with this Agreement are and shall become and remain the property of COUNTY whether the Project for which they are made is executed or not. At the completion of the Project, as a part of the Project, closeout, copies of all drawings on CADD shall be transmitted by FIRM to COUNTY's Contract Administrator in addition to the as -built drawings. •11 FIRM shall keep such records and accounts and require any and all architects, consultants and subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement. Such books and records will be available at all reasonable times for examination and audit by COUNTY and shall be kept for a period of three (3) years after the completion of the Project pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by COUNTY of any fees or expenses based upon such entries. -OPPORTUNITY ENT AN12 SMALL D DV BUSINESS ENTERPRIOE 43. 8. 1 EQUAL OPPORTUNITY EMPLOYI FAIT FIRM agrees that it will not discriminate against any employee or applicant for -employment for work under this Agreement because of race, color, religion, sex, sexual orientation, age or national origin and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, sexual orientation, age or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms of compensation; and selection for training, including apprenticeship. FIRM agrees to furnish COUNTY with a copy of its Affirmative Action Policy. 0 Hr RDCAWLADA -45- 10,17; 96 TR 8476 - Exhibit 1 . 43.8.2 SMALL nTq.&nX7AUn,7, G U O S 43.8.2.1 The Board of County Commissioners enacted an ordinance establishing SDBEAAP and including goals in all COUNTY procurement activity of $150,000.00 or more and in other selected procurement activity. This Agreement does have assigned SDBE goals. 43.8.2.2 COUNTY and FIRM agree that prime and subcontract awards to Small Disad- vantaged Business Enterprise and Minority -Majority Joint Ventures are crucial to the achievement of COUNTY's Small Disadvantaged Business Enterprise participation goals. Therefore, goals of ten percent (10%) participation by firms owned and controlled by Hispanics has been set for the design/engineering portion of the Project; and ten percent (10%) participation by firms owned and controlled by women and ten percent (10%) participation by firms owned and operated by African Americans have been set for the construction portion of the Project. In an effort to assist COUNTY in achieving its established goals for this Project, FIRM agrees to take affirmative action to meet the Small Disadvantaged Business Enterprises goals for the Project. 43.8.2.3 FIRM incorporates by exhibit attached to this_ Agreement, the names, addresses, scope of work and dollar value of SDBE Participation on the Schedule of SDBE Participation. FIRM understands that each minority and/or women -owned firm utilized on this Project to meet COUNTY's goals must be certified by the Office of Small/Minority Business Affairs. 43.8.2.4 FIRM understands that it is the responsibility of COUNTY's Contract Administrator and the Office of Equal Opportunity to monitor compliance with the SDBEAAP. In that regard, FIRM • agrees to furnish quarterly reports to both parties on the progress of SORE HA CAgW.AW -46- 10 17 96 TR 8476 - Exhibit 1 . participation commencing with the end of the first quarter of this Agreement. 43.9 NO COIMINGENT ,ELL FIRM warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for FIRM to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for FIRM, any fee, commission,• percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, COUNTY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 43.10 REPRESENTATIVECOUNTY AND FIRM 43.11 43.12 43.10.1 COUNTY's Contract Administrator or his/her designee will represent COUNTY in administering the contract documents. 43.10.2 FIRM shall inform COUNTY's Contract Administrator in writing of the representative of FIRM to whom • matters involving the day-to-day conduct of the Project shall be addressed ("Designated Representative"). ALL PRIOR GREEMEN S NT - The Contract Documents incorporate and include all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in the Contract Documents. Accordingly it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the 10 1'• °u M/RDCAgot2.AD; -a?- TR 8476 - Exhibit 1 party for whom it is intended, at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice, to -wit: MI Director Sroward County Parks and Recreation Division 950 Northwest 38th Street Oakland Park, Florida 33309 Steven L. Siems, President Recreational Design & Construction, Inc. 6555 W.W. 9th Avenue, Suite 201 Fort Lauderdale, Florida 33309 4 3.13 TRUTH- = E CERTIFICATE Signature of this Agreement by FIRM shall act as the execution of a truth -.in -negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which COUNTY determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of this Agreement. 43.14 INTERPRETATION The parties hereto acknowledge and agree that the language used in this Agreement expresses their mutual intent, and no rule of strict construction shall apply to either party hereto. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to the particular sentence, paragraph or section where they appear, unless the context requires otherwise. Whenever reference is made to • a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections and subparagraphs of such Section or Article, unless the reference is expressly made to a particular subsection or subparagraph of such Section or Article. H/RDCA9zt2.ADA -48- 10/17/96 7R 8476 - Exhibit 1 , 43.15 43.16 43.17 COINDLTZ-OST PRECEDENT TO AGREEMENT . It is understood by the parties to this Agreement that all duties and obligations as set forth herein for the Design and Construction of the Project (with accompanying Support Facilities if applicable), including the issuance of any Notice to Proceed, are contingent upon and shall not be binding upon COUNTY until such time as FIRM has obtained all necessary permits, authorizations, zoning designations, variances and approvals of whatever nature from the ap- propriate governmental entities or regulatory bodies that. may be required for the construction of the Project with accompanying support facilities as set forth in Article 5, entitled SCOPE OF WORK, and delineated in the drawings to be prepared by FIRM and approved by COUNTY's Contract Administrator. The parties hereto acknowledge that as of the date of execution of this Agreement certain necessary governmental approvals, including, but not limited to, those matters set forth above, may not have been obtained by FIRM in order to lawfully commence the Project. COUNTY shall not be responsible or liable for any damages of any nature what- soever, including but not limited to, direct, indirect, consequential, impact or other costs and expenses, which may arise as a result of, or connected to, the failure of any governmental entity, other than COUNTY, refusing to grant • any necessary approval, permit, variance or any other required consent which may be necessary to commence construction of the Project, or which may arise as a result of any delay in the granting of any such approval, permit,_ variance or other required consent. W"$10"WaaAaVim;�X�li�1�= ►� Pursuant to the Broward County Procurement Code, COUNTY reserves the right to consider a FIRM's history of citations and/or violations of environmental regulations in investigating a FIRM's responsibility, and further reserves the right to declare a FIRM not, responsible if the history of violations warrant such determination in the opinion of COUNTY. FIRM shall notify COUNTY immediately of notice of any citation or violation which FIRM may receive during the time of performance of this contract. RECY-CLED CONTENT In support of the Florida Waste Management Law, FIRM is encouraged to supply any information available regarding recycled material content in the products provided. COUNTY is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the product. H/RDCAgzt2.ADs -49- 10 1- 96 T'R 8476 - Exhibit 1 COUNTY also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. 43.18 WO C In accordance with Broward County Administrative Code, Section 21.31, FIRM certifies by means of the Drug -Free Workplace Certification, attached hereto and made a part hereof, that it shall provide a drug -free workplace program - as more particularly described in said Certification. 43.19 PUBLIC ENTITY QgTMES ACT In accordance with the Public Entity Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is 'a contractor, consultant or other provider, 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 the COUNTY, may not submit a bid on a contract with the COUNTY for the construction or repair of a public building or public work, may not submit bids on leases of real property to the COUNTY, may not be awarded or perform work as a contractor supplier, subcontractor or consultant under a contract with the COUNTY and may not transact any business with the COUNTY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from -the date of being placed on the convicted vendor list. Violation of this section shall result in cancellation of the COUNTY purchase and may result in debarment and/or termination of this Agreement by COUNTY without penalty. 43-20 AMERICANS WITH DISABILITIES -ACT FIRM shall comply with Title I and Title II of the Americans With Disabilities Act regarding nondiscrimination on the basis of disability in employment and in state and local government services in the course of providing any services funded in whole or in part by COUNTY. 43.21 COOCOOPE NTIVEU C N GRE M' FIRM agrees that its acceptance of the terms and conditions of this Agreement also constitutes a proposal to all State Agencies and Political Subdivisions of the State of Florida under the same conditions, for the same prices and for the same effective period as this Agreement, should FIRM deem it in the best interest of its business to do so. H.RDQgnt2.ADA -50- 10!17/96 TR 8476 - Exhibit 1- 43.22 This Agreement in no way restricts or interferes with any State Agency or Political Subdivision of the State of Florida, or Florida municipality, to rebid or repropose any or all items for its own purposes. FIRM agrees that COUNTY shall be the priority party over any other parties utilizing this Agreement or any portion thereof for work performed by FIRM, and that FIRM shall perform its work for COUNTY first. 43.22.1 FIRM shall comply with requirements stated in the• Conditions of the Contract and in Specifications for administrative procedures in closing out the work. When FIRM considers the work substantially complete, FIRM shall submit to COUNTY's Contract Administrator a written note that the work, or designated portion thereof, is substantially complete, and a list of items to be completed or corrected. 43.22.2 Within a reasonable time after receipt of such notice, FIRM will make an inspection to determine the status of completion. Should FIRM or COUNTY"s Contract Administrator determine that the work is not substantially complete, FIRM shall remedy the deficiencies in the work, and send a second written notice of substantial completion to COUNTY's Contract Administrator. 43.22.3 When the work is substantially complete, FIRM will prepare a -certificate of Substantial Completion on AIA Form G704 (if appropriate), accompanied by FIRM's list of items to be completed or corrected, as verified and amended by it's Architect (if so needed). FIRM will submit the Certificate to COUNTY's Contract Administrator. 43.22.4 When FIRM considers the work to be complete, FIRM shall, submit written certification that: 1. The contract documents have been reviewed. 2. The work has been inspected for compliance with contract documents. 3. The work has been completed in accordance with contract documents. 4. Equipment and systems have been tested in the presence of COUNTY's Contract Administrator or his/her designee: and are operational. M/RDCAg2t2.ADA -51- 10;1?.'96 E • - TR 8476 - Exhibit 1 • U Certificate of Insurance THIS CIIJ"M ICAn b Milltt0 AS A MATTHHtt OF 200DIATION ONLY AND CONRCRS No RxG m UmC,N YOUTH[ CS"MCAn HOI.DCL T1iH! cLRT=A1i Is Nor A N !rSLnI2= ACEMe AND DOES NOr A WOO. L =4M OX ALT11 T H6 COMAM AFIM090 SY THS FOCfG= LL.Z M UtMW. Is to Certify that '''THIS CERTZ.FICATE VOIDS & SUPIRSEDES CERTIFICATE FRBVIOUSLY POMIeHlow Dsfgn a ConOU61on ISSIIED ON 10/ 2�/96. GMN.w. an A� Sub sat Marne and LIBET�TY FLLaradanifM, F'I.S'1�0i � address at M JAL• .J Insured. Ia. d 11w Ono daft Of this pfH4iiptla jDty��byy � (;per DBdWho Mf �fbd brmf o�nbN and as mwa artolf not drfad by any I>, MIN-M M mor Mweign o below. The 4of cow aft "a by Ore ps • a aw%f w aA y be wry HtonO'aR or other dowmantwMh rHnprct �i >� orrtifi�aof mq a TYPE OF POLICY trxructo POUCY NUMBER R71.Ic�r TERI`I WORKERS COMPENSATION W01•151.=06-015 GENERAL. I LIABILITY 12/01 /96 YY) •151 •?2099fi-05.5 0 O=UMNCE ' ❑ CLAUr,tS mwe RMM DATE AUTOMOBILE LIABILITY 12/01/96 AS2.151-220946-0S ® OWNED ® NON -OWNED ® HIRED OTHER AtyorrlarrAL cor.HI,�NTs rw C=f=ft HOW" ie WN namedas Add; III bmumd for Liability OF LIABILITY tLILUT TFE faLLOwpNG 6TATRES.' EIPL rfM UAB'LRY BodiV W*n Bt► Aeddotlt Fbrida 6500,000 Each �!► �7► Dy piieap 500,000 PO Lkw1 p0*VMSyQwM W0,000 men ntHl'al rr�aorn SZ000,000 A0Nw@ 61,000,000 BOON Iniw and PMO" Dwnw Liabiity $1.000,000 QOaarano Pomenff injury *11000,000 O�rafmauon Oihar $1,000, 000 EsM Acddertt- shOM umt 1IJ- &' d P.D. ComWndd Ewh Prrw 1aM A=kMnt or Oodxww& Each Aocidant ar Ooaumnxe I '1 r 1 a vw eurt "M expft ion Ono is oomms or wg*W4 le". you WN M nodbed Il unwipa M tarrn vm" or ►sduad Uotors the pfllAWt# Arpiwim date. aPfpAL Nd7fCl�110: Aix /S�or� ryND wfTN N+Yprt an xlrr)wwo Tt1AT d RAGJTATpjO FAatlO AasA/tST AH /tsuAEIL llJeulT! AM �+►TtON On fl L3 A GuW COMTA�No A fALfL on DIcV Tt rrATWan1T ►k QU4 TV OF MURAK2 MAM NOTICE OF CANCV-LATION. POT APnJCMX UMLWA A mmegn OF DAYS If OrrTiNO "LOW4 fEFORE THE rrATVO SOVIATCH DATE THE COWANY WLL NO? CANCGL ON 1GWJCS THS r4gURAWA AFFOp= Llbcdy Mutual Grpup UNC[n Tfdt MOVE POW01 UNTIL AT vAST aft DAYS NM= OF SUCH OMMMATION FW RON mo m Browaird County Risk Management DiTbion ►�eH Attar Mary Moister, Fax #t (934) 357-654S 115 South Andrews Avenue. Room 210 Ft. Lauderdsle.BL 33301-1969 6077-- ///&/ -rel &4*mt Mark S. Ashwaod ALrrrM=D REPRESENTATIVE Ft. Lauderdale, FL (800) 542-OMS Oadm M.106 J OFFICE PHONE NUMBER DATE ISSgEO T1W wu"ch&a f. t%Kvud ►Y UUMY MMALC;PQUr- vpK sweh )wunwA as h •ll"d1d by Thar Comperlt+ 8S 772L (FL) ,•- ` ` • . ,-- - - ••�..rt�ivc JaU h'rJdV W4 f HY 1W # b" Ob: al . i'IIM iti�,�il`, 1'1II#4 hui. ` '�•'`• :;(, (� i 1.. 1J'Jl1 t9Li:it.1'tl P�-25-t V7:49 f' ►:5 �, AEC BRaUARD CTY 325 537 2865 P_el ru J IMC nu.aw I M TR 8476 - Exhibitle Lizip ct; was COMMsneed via a Reques for Utter$ of intanst under the Broward County Ot Code. At far as is known. this is the only Broward County desigNbuild ptgjoct n >RLT. Other projects have utilized a Request for Proposals (RFP). M RU is a mare flexible document and pica an than an RFP. For this particular project, an RU deemed pi eferable for a cumber of ream=. The project itivolvcd work activity at several si s rafr than one site. In addition, the project mquimd several drff+emt types of work ac 'Vities melt tluu one' work project• Also, in the interest of time, it would be mom eMcdeat ca, ila /piaddesiplecrosnvct individuals jobs under the project in various a gInents rather requiring in-house staff or prospective prepowrs to t:nMe in subommial design and p 'ng activity prior to selection or contract execution. RLl was publicly advertised and *as mailed to a fairly expansive ensiling list of prospective sera The County received apprmtifn=tly 12 submittals to re"nse. rmw proposerswent sh tweed by rite project's SekcdowNejgodation Committee eoasistiag of three Direcwm from C my Adminiumdon, plus one County Commissioner. 'Tire three shortlisted, proffers, all of were considered competem to perform the requested services under tote RLT, individtutlly A prestmeatien to the Commitrm_ Following that, the Comminee vo wd and selected R Design and CoOWuction, Trc. (RDC) to negoxiate an agmc=nt. County staff' datfied the agzee mnt and ne2od1wzd moat of same with RDC- Negotizekms. were theft laded with the Comadmee. The &V=mmt was then placed into the Coutay's agenda ss and was eppro xd by the Board of Coumy Commist iolners. Following this, a contract ar tninistrator was appointed to averaet: dt*gNcoaw=UoU Ottsm. Pr elect work then C9LIIrt3t:tlCtd. I i I f I Is Aest'_d.ve TOTAL P. tell • C. ►'kti�l �-1y98 I MEETING} DATE 11/1Z/96;� sted Action 16'4e PARKS & REC 2ROWARD CTY A►C MW0A REPQR'I' TO THE BROWIRD COUNTY BOARD OF CDUIM COMNISSIOHERS MS 537 2965 P.02 AGENDA ITEM / TR 8476 . Exhibit i MOTION TO APPROVE an Agreement between Broward County and Recreational Design & Construction, Inc., for design/build services for ADA/accessibility compliance and miscellaneous small projects at4arious park sites, in the amount of $1,625,519, with a three year performance time; and aythorize Chair and Clerk to execute same. I Su,7narY Explanation and Back round I i In October,!199s, pursuant to Request fk'Letters of Interest 0042095-1181 Recreational Design & Construction, Inc. ("Firm") was selected by the project's Select ion/Hegotiation Committee ("SAC") tofnegotiate an Agreement for design/build services for ADA/accessibility compliance and miscellansous small projects at various County park sites. The SAC Members are: Bob Ha bin, Parks and Recreation Division - Chair Sylvia Poitier, County Commissioner Beth C avez, Community Services Department Bob C1 rk, Streets and Highways Division The First will be responsible for surveying individual jobs under the project, estimating time *fand costs, 'nd performing design/engineering and construction work wtthin a three year time rame. i The County � Risk Management Division has reviewed and approved this Agreement as to Insurance linguage. I This Agre"nt has been approved as to form by the County Attorneys Office. I Recommended By: ! Larry Lietzke Departmen D r Signature pate Source of Additional Information: Bob Harbin Division Director's Signature Phone Exhibits Attached for Board Agreement cuments for Minutes onl Four origi'al Agreements; please return 3 executed Agreements to Lou Metz, Parks and Recreation�pivislon. d► • a nC4 Z JW".(V r-' I II I !For Aviation Department .1a �sr 2�365 P.01 e Lo ��o� Aelz TR 8476 - Exhibitl ON To AWAgD. open-end contract to low bidder Weckley Asphalt Paving, 26' al Miscellaneous Civil Construction ' I Inc. foe Annual Airfield pavement Repair/Atutu (P-05-96-09-12) in the approximate total bid amount of $1, 024,74t and 2 for th Arf Vazce Department, subject to receipt and acceptance oflnsuranccjp 3M and authorize the Director of Purchasing to renew the contract for two guaranty, acceptance of one-year periods. The initial contract period shall start upon insurencripayment and performance guaranty and shall terminate one year from that date. ACTION: (.4-1317) Approved For Community Services Department f E�� agreement between Broward County and Recreational . 27. Design & Construction, Inc. for design/build services • for ADA/accessib" ity compliance and miscellaneous small projects at various park sites, in the amol� to Of 51,625,519 with a three -yam n performance time, and autho= the Chair execute sarne. 0 ACTION: (A-1317) Approved For Finance and Administrative Services Depar=ent ; I. 2$ A .APB sole source standardization for the maintenance of Dictaphone telephone lagging and recording equipment by Dictaphone Corporation fur the Office of Information Technology - i 1)112/96 ACTION: (A-1317) Approved- 0 TR 8476 - Exhibit 1 �t Parks and Recreation Division BROWARD COUNTY 950 N.W. 38th St.. Oakland Park, FL 33309-5982 (954) 357-8100 or 537-2844 (MY) . FAX: (954) 537-2849/561-5359/537-2865 MAner of the Notional Gold Medal Award for Excellence in Park and Recreation -t DATE: January 17, 1997 TO: Steve Siems, President Recreational Design & Construction, Incorporated 6555 N.W. 9th Avenue, Suite 201 Ft. Lauderdale, FL 33064 THRU: Austin Stuart, Construction Manager 9L,& jtzi�b Broward County Parks & Recreation Division F Richard Voss, Project Manager I \,`,A, roward County Parks & Recreation Division SU JECT: NOTICE TO PROCEED Project Name: Design Build For Accessibility Compliance and Miscellaneous Small Projects at Various Park Sites R.L.I. # 042095-RB Purchase Order No: PC7PA00001043 As per the terms of the subject Purchase Order and ARTICLE 2.14 of the contract, this is your Notice To Proceed. The FIRM will Perform the services under the Agreement within three years (1095 calendar days) from the date of this Notice To Proceed (Article 6.1). A Letter To Perform for the first segment of work will follow. Other Letters To Perform will be issued for the remaining segments Of work at intervals mutually agreed upon by County and Firm (Article 6.2). Contact Richard Voss, the Project Manager, at (954) 357-8143 if you have any question or comments. cc: 6_ Bob Harbin, Director FRF� f, F J v--() Mike Harlan, Assistant Director Bob Wright, Superintendent Planning & Design J~r14 J Jack White, P.E. Engineer IV Gayle Preston, North District Superintendent 13y:� " Chester Pruitt, Central District Superintendent Joanne Larson, Southwest / Southeast District Superintendent Dori Horowitz, Special Populations Coordinator FROWARD COUNTY BOARD OF COUNTY COMMISSIONERS -- An Equal opportunity Employer and Provider of Services N�r~,an AG'7mp.,,�,.: Sco�- � CaHa� S,zanne N Guntdwger ii?n 9 lieCerman Wei Namce PornSn SV''.!c Pod'br Jgnn E RodStrr;m jr V/n,l.+ W.!J. WPh ht•;+ 'W'„w r•n h•'1W ^•-+ rl Y• J" 7^ r� • RECREATIONAL DESIGN & CONSTRUCTION INC. TR 8476 - Exhibit 2 6555 NW 9TH AVENUE SUITE 201 FORT LAUDERDALE FLORIDA, 33309 954•771.6567 FAX 954.771.6965 MOW saies®recreationaidesign.com )8-1 2-07A0;.:' 5/ PAID December 4, 1998 City of Tamarac c/o Kathleen S. Maegoles 7501 N. University Drive Tamarac, Fl 33321 Dear Kathleen Thank you for the interest in RDC and allowing us to submit our Design/Build project on Capparella Park. The not to exceed pricing is based upon the agreement between Broward County and Recreational Design and Construction Inc. For c es for 042095-RB. nd u Various Park Sites R.L.I # R.D.C. would be pleased to allow the City of Tamarac to use the contracts cooperation purchasing agreement 43.21 R.D.C. also agrees to abide by the terms and conditions of the contracts. Sincerely, Recreational >�,e- n & Construction Inc. eCerrone BSCAPPARK.SAM C.G.C.021702 • RECREATIONAL DESIGN & CONSTRUCTION INC 6555 NW 9TH AVENUE SUITE 201 FORT LAUDERDALE FLORIDA, 33309 954.771.5567 FAX 954.771.6965 small: sales®rocreationaldeslgn.com December 1, 1998 City of Tamarac ? ° - 1 2 L ? ' '? ,') 9 ^ r ✓ p 7501 N. University Drive Tamarac, Fl. 33321 Parks and Recreation Division Attn. Kathleen S. Maegoles, Director Ref.: Capparella Park, 5200 Prospect Road TR 8476 — Exhibit 2 Dear Kathleen: We herewith submit our not to exceed price to Design/Build Capparell Park. Pricing and scope of work is based upon the city's Florida Recreation Development Assistance Program. Not to exceed pricing and scope of work is as follows. Work • Create an area 45' x 36' to place new play equipment. &MCLULU • Provide twelve (12) wood pilings creating fishing dock. • Provide concrete connecting foundation to accept Recycled plastic fishing dock. Electrical: • Provide and install twelve (12) security lights • Provide electrical service connection is • Provide T- shaped recycled plastic wood pier 36' x 25' x 6' wide • Provide 42" high wood railing to code on fishing dock. • Provide 1,619 sq.ft. of safety surface Went: • Provide and install one (1) #9626 Pipeline play structure • Provide and install one (1) #1571 Pipeline double belt swing • Clean Up, Protection and controls • Supervision Profit and Overhead • Bond and Insurance • Permit Drawings, Permit fees to be waived by City • Testing services • Landscape not included • Surveying to be by City including Bathrometric survey The not to exceed price for the above scope of work is $121,000.00 all pricing is based upon the cooperative purchase agreement with Broward Co. "Accessibility Compliance and Miscellaneous Small Projects" RLI #042095-RB. _ /eC. s . esig one & Construction Inc. O \AMIPROVtOCIPROPOSALITAMAI AC.SAMI C.C.C.021702