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HomeMy WebLinkAboutR-2002-043 RESOLUTION NO. 2002-043 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR DREDGING OF THE DANIA CUT-OFF CANAL FROM APPROXIMATELY 200 FEET EAST OF US 1 TO GRIFFIN ROAD IN AN AMOUNT NOT TO EXCEED $200,000, IN ACCORDANCE WITH RESOLUTION NO. 2002-026 OR OTHER GRANTS OR AWARDS ACQUIRED BY THE CITY; WITH THE SOLE PROVIDER, SUBAQUEOUS SERVICES, INC. WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection (J), provides that during unusual conditions or emergencies, the City Commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of fifteen thousand dollars ($15,000.00) without competitive bids and without advertisement for bids; and WHEREAS, the City Manager has determined that it is necessary to purchase designated services; and WHEREAS, the City Manager has determined that such services can be rendered to the City at the least cost from Subaqueous Services, Inc. in an amount not to exceed $200,000.00 due to a dredging project being performed near the Dania Cut-off Canal; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA. Section 1: That the City Manager is hereby authorized to sign a contract between the City of Dania Beach and Subaqueous Services, Inc. for the dredging of the Dania Cut-off Canal from approximately 200 feet east of US 1 to Griffin Road in an amount not to exceed $200,000. That this contract will only be in effect if the FIND Waterways Assistance Program Grant or other monies are awarded to the City. The City Manager and City Attorney are authorized to make minor revisions to said exhibits as are deemed necessary and proper for the best interests of the City. Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. RESOLUTION NO. 2002-043 PASSED AND ADOPTED THIS • DAY , 2002. RO T , JR. MAYO - COMMISSIONER NER PH ATTEST- ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES ARLENE JO NSON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO FO M AND CORRECTNESS: BY: THOMAS J. AN RO CITY'ATTORNEY • RESOLUTION NO. 2002-043 PROPOSAL. 11 THE CITY OF DANIA BEACH CUT-OFF CANAL MAINTENANCE DREDGING PROJECT TO THE COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA DATE: March 18, 2002 SUBMITTED BY: Subaqueous Services, Inc. ADDRESS: 4201 Kean Road Fort Lauderdale,Fl 33314 Gentlemen: The undersigned proposes to furnish all labor, tools,material and supplies, and to sustain all the expense incurred in doing the work set forth below that may be awarded the undersigned by the City of Dania Beach, Florida, through its proper officers, and to do the same strictly in accordance with the plans and contract documents on file in the Office of the City Engineer of Dania Beach,which are referred to below and made a part hereof,at the following unit prices, to-wit: BID For furnishing all labor,material and equipment to dredge the Dania Beach Cut-Off Canal(Between Griffin Road and 200 feet east of U. S. 1) to the specified depth,including mobilization and demobilization, acquisition of spoil disposal site,removal of fill, onsite testing services to perform sampling and testing of turbidity and submittal of test reports. rMobilization/Demobilization * 0.00 Maintenance Dredging 13,333 CY @ $15.00 per CY $200,000.00 TOTAL $200,000.00 *This Item is contingent on Subaqueous Services, Inc. receiving a Notice to Proceed prior to the completion of the C-10 Canal for the Department of Transportation. Subaqueous Services, Inc. will provide the City of Dania Beach at least 30 days prior to completion of the C-10 Canal a completion date. If the City of Dania Beach cannot provide a Notice to Proceed by that stated completion date, then the City of Dania Beach will provide a Notice to Proceed within 15 days of that date and Subaqueous Services,Inc.will mobilize and demobilize at a cost of$50 000.00. If the City of Dania Beach cannot meet this requirement, the contract becomes Invalid. FOR: SUBA UEOUS SERVICES, INC. Lan . Young,Vice President Date: March 18 2002 ACKNOWLEDGEMENT OF CONTRACTOR ® STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 18th day of March,2002, by Lance W. Young , as Vice President and respectively, of Subaqueous Services, Inc. , a Florida corporation, on behalf of the corporation. They are personally known_ to me or have produce as identification and did/did not take an oath. (���Ll.i'�✓t-(l Notary Public, State of Florida Signature of Notary taking Acknowledgement Cab �Cj Name of Notary Typed, Printed or Stamped My �g ,rmssion F,xpires: ro�yar ap4.,� 7Y. A. Md Commisslm#DD 04QM ;m a: EsplBa JulyBanded 1 2005 ANa„+tr Tusi ar�u.*F Ft----TBc�Co, ir- Commission Number i CONTRACT DOCUMENT'S TECHNICAL SPECIFICATIONS FOR DANIA BEACH CUT-OFF CANAL MAINTENANCE DREDGING PROJECT ® PREPARED BY CITY OF DANIA BEACH 100 WEST DANIA BEACH BLVD. DANIA BEACH, FLORIDA 33004 (954) 921-8700 i k 0 CITY OF DANIA BEACH ENGINEERING&ARCHITECT€TRAL SERVICES CONTRACT Improvement or Project No. Description Contractor Amount Commission Approval Date CONTRACT DOCUMENT CONTRACT • (To be executed in triplicate, two copies to be filed in the Office of the City Engineer of Dania Beach, Florida, and one copy to be given to the Contractor). THIS AGREEMENT, entered into on 2002,between: CITY OF DANIA BEACH, a municipal corporation of Florida, called the "City" And Subaqueous Services, Inc. , called the "Contractor", a Florida corporation. The "Project"is: DANIA BEACH CUT-OFF CANAL The City and Contractor agree as set forth below: The Contractor by virtue of signing the Contract, acknowledges that they and all their subcontractors have satisfied themselves as to the nature and location of the work, the general and local conditions including,but not restricted to: those bearing upon transportation and traffic maintenance; disposal,handling and storage of materials;access road to the site; the conformation and conditions of the work area; and the character of equipment and facilities needed preliminary to and during the performance of the work. Failure on the part of the Contractor to completely or properly evaluate any factors of costs. In consideration of the mutual covenants and obligations of this contract, the City does award the contract to the Contractor,and the Contractor does agree to furnish the necessary labor,tools,equipment, material and supplies, etc.,and to perform the work specified below at the following prices, to-wit: THE CITY OF DANIA BEACH CUT-OFF CANAL MAINTENANCE DREDGING PROTECT The undersigned Contractor proposes to furnish all labor, tools,material and supplies,and to sustain all the expense incurred in doing the work set forth below that may be awarded the undersigned by the City of Dania Beach, Florida, through its proper officers,and to do the same strictly in accordance with the plans and contract documents on file in the Office of the City Engineer of Dania Beach,which are referred to below and made a part hereof, at the following unit prices, to-wit: SCOPE OF WORK For furnishing all labor,material and equipment to dredge the Dania Beach Cut-Off Canal to the specified depth,including mobilization and demobilization, acquisition of spoil disposal site, removal of fill, onsite testing services to perform sampling and testing of turbidity, submittal of test reports and provide a FDEP approved Manatee observer during all water related work in accordance with special environmental permit conditions, the lump sum of $200,000.00 Dollars and no cents cents. The reference standards are contained in the 1991 edition of the Florida Department of Transportation's Standard Specifications for Road and Bridge Construction (FDOT) and its supplements with changes pertaining thereto, as amended by the specifications. PRE-CONSTRUCTION SCHEDULING: After the "Award of Contract" and prior to the issuance of the"Authorization to Occupy the Site," a pre- work Conference will be held between the Contractor, City,the Engineer, utility companies and other contractors affected by the work. The time and place of this conference will be 1. Pre-construction meeting 2. Insurance Certificate from Contractor to City naming the City of Dania Beach and Broward County as additional insured's 3. Performance Bond Certificate from Contractor to City 4. Contract starting time *Project Completion Date 120 days after the date of commencement * Liquidated damages will include $200.00 per day from the substantial completion date. These prices include the protection and continuous use of all existing sewers;conduits, drains, pipes,buildings,walks,bridges and other construction encountered,and the prompt repairing of any damage done them during the progress of the work or from insufficient support; also, all filling, backfilling, tamping,ramming,puddling and consolidating; the removal and disposal of all rubbish and surplus material; also, all pumping,bailing, draining or dewatering of all the excavations incidental to the • execution of the work; also, all loss or damage arising out of the nature of the work or from actions of the elements, or from any unforeseen obstruction or difficulties encountered in the prosecution of the work; also, the furnishing of all necessary labor, tools, equipment,materials and supplies, etc., and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense incurred in or in consequence of the suspension or discontinuance of the work specified and a faithful compliance with each and every one of the requirement of the contract and for the faithful completion of the whole,in the manner specified, including the maintenance of the entire work and construction in good condition and repair until final acceptance. In consideration of the payments and covenants to be made and performed by the City, the Contractor does agree: (1) To furnish all labor, tools, equipment,materials and supplies and to do all the work in a first-class, substantial and workmanlike manner, and in conformity details for the work on file in the Office of the City Engineer of the City of Dania Beach,Florida, and strictly in accordance with the specifications,general stipulations and plans which are referred to and made a part of this contract, as well as to the satisfaction of the City Commission and the City Engineer of the City, and in strict compliance with the directions which may be given by the City Engineer or his authorized representative, at and for the prices plainly set forth. (2) Upon notification by the City, to correct any defective or faulty work or materials which may appear within one (1) year after completion of contract and receipt of final payment. (3) To comply with the regulations of the Secretary of Labor of the United States of America made pursuant to the Anti-Kickback Act of June 13, 1934, 40 U.S.C. 276(c), the Davis-Bacon Act, 40 U.S.C. 276a-7, and any amendments or modifications thereto, and the Contractor shall cause appropriate provisions to be inserted in its subcontracts to insure compliance by its subcontractor(s) under the provisions of the Anti-Kickback Act, subject,however, to any reasonable limitations,variations, tolerances and exemptions from the requirements of the Anti- Kickback Act as the Secretary of Labor may specifically provide. The Contractor will comply with all provisions of Executive Order 112.46 of September 24, 1965, and the rules, regulations and relevant orders of the Secretary of Labor. (4) To pay promptly and before final settlement, any and all claims or liens incurred in and about this work. (5) The contractor agrees that representatives of the U.S. Public Health Service and the State of Florida shall have access to the work wherever it is in preparation or progress, and that the Contractor will provide proper facilities for such access and inspection. (6) Apprentice and Trainee Requirements: Apprentices shall be registered individually under a bona fide apprenticeship program registered with a state apprenticeship agency recognized by the Bureau of Apprenticeship and Training,U.S. Department of Labor. All contracts in excess of$25,000 shall be governed by the following: Contractor or supplier agrees to make a diligent effort to hire for the performance of the contract a number of apprentices or trainees in each occupation which bears to the average number of journeymen in that occupation to be employed in the performance of the contract, the ratio of at least one apprentice or trainee to every five journeymen. Contractor or supplier agrees,when feasible,to assure that 25% of such apprentices or trainees are in their first year of training, except when the number of apprentices or trainees to be hired is fewer than four. Contractor or supplier agrees to submit, at three month intervals,to the Bureau of Apprenticeship of the Division of Labor,records of employment by trade of the number of apprentices or trainees employed; race of all apprentices; the number of apprentices or trainees in their first year of training; and total hours of work of all apprentices, trainees and journeymen. Contractor or supplier agrees to submit to the Bureau of Apprenticeship of the Division of Labor, at three month intervals,a statement describing steps taken toward making a diligent effort in the hiring of apprentices and trainees and containing a breakdown by craft of hours worked and wages paid for first year apprentices or trainees, other apprentices or trainees and journeymen. (7) The following documents are incorporated and made a part of this contract: (a) All documents which are attached. (b) "Statement of Work," the "Proposal," "Special Conditions," "General Conditions," and"Specific Provisions" attached hereto, the "Performance Bond, " the plans already prepared, all addenda issued by the City before and all provisions required by law, whether actually inserted or not. 0 0 IN WITNESS WHEREOF, the City has caused these presents to be signed by its Mayor- Commissioner, City Manager, attested by the City Clerk with the corporate seal of the said City of Dania Beach,and the Contractor has executed these presents the day and year written. Signed, Sealed and Witnessed CITY OF DANIA BEACH, in the Presence of: FLORIDA: By Witness Mayor-Commissioner By Witness City Manager Approved by: Attest: City Engineer City Clerk Approved as to form: City Attorney WITNESS: CONTRACTOR: Witness —Print or type name Corporate Name By Witness—Print or type name Corporate Seal Name/Title SPECIAL CONDITIONS SPECIAL CONDITIONS _DANIA BEACH CUT-OFF CANAL MAINTENANCE DREDGING PROJECT GENERAL: It is the intent of the contract to provide for maintenance dredging of a man-made canal to provide a 60-ft. bottom width at a depth of(-)6.5 feet Mean Low Water referenced to N.G.V.D. LOCATION: The project is located between Griffin Road and 200 feet east of U.S. 1 along the Dania Beach Cut-off Canal, a man-made canal, Class III Waters,in Dania Beach Beach,Broward County, Florida. PROJECT IDENTIFICATION: The Contractor must provide a project sign 8 feet high x 4 feet wide of 3/4"Marine grade plywood and wood frame construction,newly painted and lettered according to the accompanying sketch. The sign shall be painted and lettered in accordance with professional outdoor sign painting standards as to lay-out, symmetry,proportion, clarity,neatness and use of weather-resistant colors and materials. Sign design shall be approved by City and installed prior to commencing work. No other signs shall be erected without City permission, except those signs required by law. Contractor will not be paid separately for project sign. PERMIT REQUIREMENTS: The Contractor shall comply with all conditions of the Florida Department of Environmental Protection (FDEP) permit,and the Broward County Department of Natural Resource Protection (BCDNRP) License to be obtained for this project. The permit and license will be obtained by Sea Systems Corporation and will be attached to these specifications. EXCAVATION: The Contractor shall excavate to the line and grade shown on the plans. Tolerances ® shall be ±0.5 feet. The Contractor shall achieve a minimum depth of at least (-)6.5 feet along the 60 foot bottom width throughout the length of canal being dredged. The Contractor may exceed this tolerance by no more than 6 inches (deeper). PRESERVATION OF PROPERTY: The Contractor shall preserve from damage all property along the line of work or which is in the vicinity or is in any way affected by the work, the removal or destruction of which is not called for by the plans and specifications. This applies to private buildings, signs, trees,pavement, sidewalk,grass, seawalls, docks, etc., and whenever such property is damaged,it shall be restored to a condition satisfactory to the Engineer. The Contractor shall erect and maintain all necessary barricades, suitable and sufficient red lights, danger signals and signs and shall take all necessary precautions for the protection of the work and safety or the public. All operations of the Contractor,including storage of materials upon City premises, shall be confined to areas authorized by the Project Manager. No unauthorized entry upon or passage through, or storage or disposal of materials, shall be made on City premises. City premises adjacent to the construction will be made available for use by the Contractor without cost,whenever such use will not interfere with other City uses or purposes. OPERATIONS: All elevations referenced to 0.0 Feet National Geodetic Vertical Datum (NGVD). MHW for the Dania Beach Cut-Off Canal is +1.8 Feet N.G.V.D. MLW is (-)0.55 Feet N.G.V.D. ® It is the Contractor's responsibility to make his own field investigation of possible dredged material discharge sites. The investigation should consider/include the depth of water and distance from the work area to the discharge site,existing features of the land (such as mangrove trees or other obstructions) which may be damaged by his operations,costs associated with preparing and restoring of the dredge discharge/transfer site,vehicular traffic and traffic control, elevation of land above normal water level fluctuations, noise level of equipment and its impact on neighboring properties,and any other factors which the Contractor must include in preparing his time and operations studies and bid prices for performing the designated dredging work. Dredged soil material shall become the sole property of the Contractor. The Contractor shall move and stockpile the dewatered dredge material in accordance with the Engineer's instruction. CHANGES IN THE WORK: It is the Contractor's responsibility to maintain detailed records of the work performed on a time and materials basis. The Contractor will provide the information necessary for an evaluation of contract changes, and to substantiate costs and/or time extensions to the contract. The data necessary to support quotations and/or change computations are: Quantities of materials,labor and equipment;Taxes,insurance and bonds; Overhead and profit;justification for changes in contract time; and Credit(s) for deletions in contract requirements. The Contractor shall support requests for additional cost for work performed on a time and material basis utilizing the following additional documentation: Origin and date of authorization; Dates and times work was performed and by whom the work was performed;Time records and actual wage rates paid to those performing the work; Invoices and receipts for materials and equipment; and similar documentation from all involved subcontractors. An authorization/change order shall be authorized by the Engineer and the City based in a Change Proposal Request and properly itemized Contractor's lump sum quotation. The Engineer will determine the change allowable in the Contract Sum and Contract Time based on the Contractor's submission. All changes in the Contract Time must be authorized by an approved Change Order to the Original Contract as approved by the Board of City Commissioners. SCHEDULE OF VALUES: The schedule of values to be submitted shall be typed on Contractor furnished forms. Each line item shall be identified by number and title of major specifications section, and the Engineer will provide minimum requirements. The Contractor shall list the installed value of each item of work and each subcontracted item of work as separate line items which will serve as the basis for computing values for the Progress Payments. Contractor will round off values to the nearest dollar, this sum of values listed shall equal total cost of the contract. The Contractor shall submit three copies of the Schedule prior to the award of the contract, the form and content must be acceptable to both the Engineer and the City. The Contractor shall provide substantiating data to the City or Engineer when necessary to justify line item amounts in question. DREDGE DISCHARGE SITE: The Contractor shall procure the dredge discharge site. The dredge discharge site will be a parcel of land mutually agreeable to the City,the City Engineer and the Contractor. The material excavated shall be deposited upland in a manner which will prevent sediment filled effluent from re-entering the water. For any material that is deposited or allowed to flow elsewhere than in places designated or approved by the Engineer, the contractor shall be required to remove such misplaced material and deposit it in the approved area at his own expense. The dredge discharge area shall be restored to the satisfaction of the City and the City Engineer. The Contractor shall repair to the satisfaction of the City and the City Engineer all existing features at the dredge discharge site damaged by this operation. The Contractor will hold the City harmless for all actions and work conducted at the disposal site. The form and context of the agreement shall be drafted by the City Attorney and shall be included in the agreement to be approved by the City Commission. METHODS OF DREDGING: Excavation may be accomplished by dredging with dragline excavator, backhoe,or hydraulic dredge. The Contractor is responsible for providing turbidity monitoring equipment and having trained personnel available at all times during dredging and for ensuring his operations do not cause degradation of water quality in Dania Beach Cut-Off Canal beyond the limits set forth by regulatory agency permits (29 NTU's above background). Turbidity tests shall be performed once every two (2) hours during dredging operations for each and every dredging operation,beginning one hour after commencement of dredging. This sample includes both the background location and compliance location. Background turbidity shall be measured upstream at least 50 meters from the work areas, outside of any visible turbidity plume,taken at mid-depth. Compliance turbidity shall be measured downstream at least 150 meters from the dredge and within the densest portion of any visible turbid plume at the mid-depth. The Contractor is responsible for complying with requirements in all regulatory agency permits. The City has performed no percolation tests and makes no guarantees regarding the time of non-stop dredging or the frequency of interruptions the Contractor may experience due to conditions of the dredge discharge Site. EXISTING DRAINAGE: Except as specified or shown on the Contract drawings,the Contractor shall not block or restrict flow in a natural drain, existing canal or ditch at any time without obtaining prior approval in writing. This approval,however, shall not be construed as relieving the Contractor of responsibility for any damage caused by his operations. Should the Contractor place excavated materials in any canal, ditch or natural drain, the materials so placed shall be immediately removed as required to restore conditions existing prior to work under this Contract and the materials disposed of as specified. • TRAFFIC: The Contractor is responsible, at his own expense, for maintaining a navigable passage through the Dania Beach Cut-Off Canal at all times during the project. Navigational and/or other vehicular traffic shall not be interrupted without written permission from the City. The Contractor shall refer to the City of Dania Beach permit for specific requirements with regards to vehicular and navigational traffic. The Contractor shall provide and maintain access to fire hydrants. Should the Contractor, during the progress of the work,lose, dump, throw overboard, sink or misplace any material,plant,machinery, or appliance,which in the opinion of the Engineer may be dangerous to or obstruct navigation, the Contractor shall recover and remove the same with utmost dispatch. The Contractor shall give immediate notice,with description and location of such obstructions, to the Engineer, and when required, shall mark or buoy such obstructions until the same are removed. Should the Contractor refuse, such obstructions may be removed by the City, and cost of such removal may be deducted from any money due or to become due to the Contractor or may be recovered under his/her bond. The liability of the Contractor for the removal of a vessel wrecked or sunk without fault or negligence shall be limited to that provided in Divisions 15, 19, and 20 of the River and Harbor act of March 3, 1899 (33 U.S.C. 410 et seq.). SECURITY: The Contractor shall provide security facilities to protect work and existing facilities and the City's operations from unauthorized entry,vandalism or theft. In addition, the Contractor will ® coordinate with the City's security program. INSURANCE: The insurance policy required by this project shall name the City of Dania Beach as the insured. LIQUIDATED DAMAGES: The Contractor shall pay the City as damages for non-completion of the work by the substantial completion date,Two Hundred Dollars and No/100 ($200.00) for each calendar day exceeding the substantial completion date until final completion of the project. BASIS OF PAYMENT: Based upon Applications for Payment submitted to the Engineer by the Contractor and Certificates for Payment issued by the Engineer,the City shall make progress payments on account of the Contract Sum to the Contractor,items of work under this contract have been established to provide a basis for field measurement and a lump sum and items to be considered in the bid are as follows: Mobilization and demobilization of equipment and manpower (move-in and move-out). This item shall include payment for furnishing the required insurance coverages, overhead and other fined costs associated with project start-up, permit requirements and clean-up completion of all work. This item has been provided so that in the event it is necessary to substantially increase, decrease or omit unit items of work, the Contractor will not suffer financial loss due to fixed costs he may have included in those items of work. Payment for mobilization,demobilization and fixed costs will become eligible as follows: 35% of lump sum after work is acceptably in progress within the Contractor's work area. 25% of lump sum after work is acceptably in progress within the Contractor's work area,with 25% of the work completed. 20% of lump sum after work is acceptably in progress within the Contractor's work area with 50% of the work completed. 20% after project completion (with final payment). It is acknowledged that dredging of the work area may require movement of the barges and equipment over land or across the waterway,utilization of dredged material transfer areas and restoration of those areas,perhaps different types of dredging equipment, assembly and/or disassembly, followed by reassembly. Payment for these moves,multiple types of equipment,reduction in productivity,utilization and restoration of work areas shall be included in the Lump Sum bid for Item 1. In any event, the maximum payment under Item 1 cannot exceed one lump sum regardless of the number of trips, moves, types of equipment, or set-ups the Contractor may make. The Engineer will review the Contractor's schedule of values and adjust if necessary the cost of this item prior to award of Contractor. The contractor shall prepare the schedule of values for review and approval by all parties prior to award of the contract by the City Commission. Dredge and/or excavate earth material from designated area in Dania Beach Cut-Off Canal. This item shall include all costs associated with dredging and/or excavating material such as sand, silt,muck and the delivery and maintenance of a dredge discharge site,maintenance of vehicular and water-borne traffic, turbidity control devices,and all other costs associated with removing river bottom material to the lines and grades shown on the plans. The Contractor shall be paid for dredging only to the limits shown as proposed on the plans and specifications. Material dredged by the Contractor beyond those limits will not be paid. APPLICATION AND SUBMITTAL OF PAYMENT: Type the required information or use media- driven print-out. Execute certification by signature of authorized officer. Use data on the accepted schedule of values and provide dollar value in each column for each line item for portion of work performed and for stored products. List each authorized change order as an extension of continuation sheet,listing the change order number and dollar amount as for an original item of work. Submit three copies of each application for payment each time it is stipulated in the agreement. When the City or the City Engineer requires substantiating information, the Contractor will submit data justifying line item amounts in question. The Contractor must show the application number, date and line item by number and description. THE CONTRACTOR SHALL: I. PUBLIC LIABILITY: Provide Owner's, Contractor's Protective Liability Insurance,including City as an additional insured,with minimum limits of$100,000 per person, $300,000 per occurrence and$50,000 property damage. II. WORKER'S COMPENSATION: Provide Worker's Compensation and Employer's Liability Insurance for the benefit of the Contractor's work force. III. INDEMNITY: Protect, defend,indemnify and hold harmless the City of Dania Beach,its officers, employees and agents from and against any and all lawsuits,penalties, damages, settlements,judgments, decrees, costs, charges and other expenses or liabilities of every kind in connection with or arising directly out of the work agreed to be performed herein. Without limiting the foregoing, any and all such claims, suits, etc., relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged infringement of any patent, trademark, copyright or of any other tangible or intangible personal or property right, or any actual or alleged violation of any applicable statue, ordinance, administrative order, rule or • regulation or decree of any court,is included in the indemnity. The Contractor further agrees to investigate, handle,respond to,provide defense for, and defend any such claims, etc.,at his/her sole expense and agrees to bear all other costs and expenses related thereto, even if the claim(s) is/are groundless, false or fraudulent. In case of injury to persons, animals or property, real or personal,by reason of failure to erect or maintain proper and necessary barricades, safeguards and signals or by reason of any negligence of any contractor, subcontractor or any of the Contractor's agents,servants,or employees during the performance of the work before the estimates have become due under this contract,the City may, through its officials,withhold such payments as long as it may deem necessary for the indemnity of the City as Owner,provided that the failure to pay the same shall not be construed or considered as a waiver of the indemnity as herein above set forth. IV. AUTOMOBILE LIABILITY: Covering all owned, hired and non-owned automobile equipment. Limits: Bodily Injury - $100,000 each person $300,000 each occurrence Property Damage - $ 50,000 each occurrence V. BUILDER'S RISK: If a structure is to be erected, the Contractor must also provide Builder's Risk Insurance for the full insurable value of the premises being constructed, and the policy ® should be endorsed to the effect that the interests of the City are included as a loss payee and the carrier waives all right of subrogation against the City. VI. CERTIFICATES OF INSURANCE: Before commencing performance of this contract, the ® Contractor shall furnish the City of Dania Beach a duplicate policy of Certificate of Insurance for the required insurance specified above,which shall contain the following: a) Name of insurance carrier(s); b) Effective and expiration date of policies; c) Thirty days written notice by carrier of any cancellation or material change in any policy; d) Duplicate Policy Certificates of Insurance stating that the interests of the City are included as an additional named insured, and specifying the project/location. ** Such insurance shall apply despite any insurance which the City may carry in its own name. VII. SUBCONTRACTOR INSURANCE: Contractor is advised to require all of its subcontractors to provide the aforementioned coverage as well as any other coverages that the Contract may consider necessary, and any deficiency in the coverages or policy limits of any subcontractors will be the sole responsibility of the Contractor. CONTRACT CLOSE-OUT PROCEDURES CONTRACT CLOSE-OUT PROCEDURES SUBSTANTIAL COMPLETION: The date of substantial completion of a project or specified area of a project is the date on which the construction is sufficiently completed,in accordance with the contract documents, or as modified by a change order agreement, so that the City may occupy the project or specified area of the project for the use for which it was intended. PROCEDURES: 1) All work must be completed to the satisfaction of the appropriate Department having jurisdiction over the work. The Contractor must furnish the City with a certified as-built survey prepared by a registered Florida land surveyor. 2) When the Contractor considers the work, or a specific part thereof,substantially complete, the Contractor will provide written notice to the Engineer in the form of a Contractor's Request for Substantial Completion Inspection together with the Substantial Completion Inspection Punch List Items form,which form will list items to be completed or corrected with notes indicating projected completion date of each item. The Engineer will inspect the status of the work within a reasonable time after the receipt of Contractor's request. 3) If the Contractor is notified in writing,that the Engineer or the City determined that the work is not substantially complete and/or the Contractor's Punch List is seriously deficient in providing a true representation of the status of the work, the Contractor shall remedy deficiencies noted in the Engineer's or City's notification and send a second request for inspection. • 4) At the time the Engineer determines that the work is substantially complete, a Substantial Completion Inspection Punch List form and detailed Punch List will be prepared and forwarded to the Contractor for corrective action. 5) Within fourteen days of receipt of detailed Punch List, the Contractor shall review the document,request clarification if necessary and notify the City and Engineer in writing of the items on the punch List which the Contractor believes are not a part of the Contract Work. Failure on the part of the Contractor to so notify the City and the Engineer will constitute acceptance by the Contractor of the list and agreement to correct deficiencies within the time noted. 6) Upon acceptance of the Punch List,a Certificate of Acceptance for Substantial completion will be prepared and executed. FINAL COMPLETION: When the Contractor determines that all work indicated in the Substantial Completion Punch List as prepared by the Engineer is complete, the Contractor shall submit written certification that the work has been inspected for compliance with the contract documents, that the work has been completed in accordance with the Certificate of Acceptance for Substantial Completion and its attachments have been completed, and that the work is complete and ready for final inspection. When the City and Engineer determine the work is complete, the Contractor will provide close-out submittals. • If the City and Engineer find that the work is incomplete, the Contractor will be notified in writing off all observed deficiencies, and the Contractor will remedy the deficiencies and submit a second certificate. SUBMITTALS—SUBSTANTIAL PERFORMANCE: This submittal shall include the Contractor's Request for Substantial Completion Inspection together with Substantial Completion—Punch List Items indicating Contractor's evaluation of the status of the work completed; evidence of compliance with the requirements of governing authorities,including certified as-builts;project record documents;evidence of payment,including Subcontractor's statements of satisfaction, and/or consent of surety to requisition payment. SUBMITTALS—FINAL ACCEPTANCE: This submittal shall include the Contractor's certificate that the Contractor Work and Substantial Completion Inspection—Punch List Items have been completed in accordance with Contract Documents;warranties and bonds; evidence of final payment and final release of claim, the final release of claim must be furnished for all subcontractors and material suppliers of record for the project,the city may at its option accept a properly executed consent of surety to requisition payment in lieu of the Final Release Claim. Upon completion of the Contract Work, the city will prepare a Certificate of Final Acceptance reflecting adjustments to the Contract Sum,including the original contract sum; the total of all adjustments to the contract sum,including but not limited to, change orders, final adjustments to contingency allowance, deductions for uncorrected and/or retesting due to failed tests and other adjustments to the contract sum; deductions for liquidated damages,assessed after substantial completion; final adjusted contract sutra. • RESOLUTION NO. 2002-026 ® A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR THE 2002-2003 FLORIDA INLAND NAVIGATION DISTRICT (FIND) WATERWAYS ASSISTANCE GRANT FOR DREDGING OF THE DANIA CUT-OFF CANAL FROM APPROXIMATELY 200 FEET EAST OF US 1 TO GRIFFIN ROAD IN AN AMOUNT NOT TO EXCEED $220,000; AUTHORIZING MATCHING FUNDS FROM THE REVENUES RECEIVED BY FPL SPECIAL EXCEPTION FOR WATERWAY RELATED USES AND IMPROVEMENTS; THEREBY PROVIDING THIS DREDGING AT NO COST TO THE CITY AND FURTHER AUTHORIZING THE ACCEPTANCE AND EXECUTION OF SAID GRANT UPON ITS AWARD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach is interested in dredging the Dania Cut-Off Canal from approximately 200 feet east of US 1 to Griffin Road, in a total amount not to exceed $220,000.00; and WHEREAS, the Florida Inland Navigation District (FIND) has a Waterways Assistance Program Grant, which offers financial assistance for such projects; and . WHEREAS, the Department of Recreation, through the Marine Division, would like to apply for the 2002/2003 Florida Inland Navigation District Waterways Assistance Program Grant to cover up to 90% of the cost of$220,000.00 for the dredging; and WHEREAS, the Marine Advisory Board has recommended to utilize revenues received from the FPL Special Exception approved July 24, 2001, designated to be used for waterway related uses and improvements to the general vicinity, as matching funds towards the dredging. That this dredging of the Dania Cut-Off Canal from approximately 200 feet east of US 1 to Griffin Road will be completed at no cost to the City; and WHEREAS, the City of Dania Beach needs to prepare bid documents for the dredging project to include testing, surveying, engineering and permitting. That due to deadlines, time is of the essence and that the RFP be awarded at the earliest date; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA. Section 1: That the Department of Recreation, through the Marine Division is hereby authorized to apply for the 2002/2003 Florida Inland Navigation District Waterways Assistance Program Grant in an amount not to exceed $220,000, attached as exhibit "A". 1 RESOLUTION NO. 2002-026 m Section 2: That the City utilize revenues received from the FPL Special Exception approved July 24, 2001, designated to be used for waterway related uses and improvements to the general vicinity, as matching funds towards the dredging project. Section 3: That upon the FIND Waterways Assistance Program Grant being awarded to the City, it hereby authorizes the appropriate City Officials to accept the award and execute the Grant Agreement and all other respective documents in a form acceptable to the City Manager and approved as to form and legality by the City Attorney. The City Manager and City Attorney are authorized to make minor revisions to said exhibits,as are deemed necessary and proper for the best interests of the City. Section 4. That it hereby authorizes the adoption and execution of the Florida Inland Navigation District Resolution, attached as exhibit "C". Section 5. That this resolution shall.be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 26th DAY OF FEBRUARY, 2002. PATRICIA FLURY ® MAYOR — COMMISSIONER A EST- ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES CHARLENE J ISON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR CHUNN - YES MAYOR FLURY - YES APPROVED AS TO�, FO M AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY • 2 RESOLUTION NO. 2002-026 PROPOSAL. • THE CITY OF DANIA BEACH CUT-OFF CANAL MAINTENANCE DREDGING PROJECT TO THE COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA DATE: March 18, 2002 SUBMITTED BY: Subaqueous Services, Inc. ADDRESS: 4201 Kean Road Fort Lauderdale, F133314 Gentlemen: The undersigned proposes to furnish all labor, tools, material and supplies, and to sustain all the expense incurred in doing the work set forth below that may be awarded the undersigned by the City of Dania Beach, Florida, through its proper officers, and to do the same strictly in accordance with the plans and contract documents on file in the Office of the City Engineer of Dania Beach, which are referred to below and made a part hereof, at the following unit prices, to-wit: BID For furnishing all labor, material and equipment to dredge the Dania Beach Cut-Off Canal (Bet,,veen Griffin Road and 200 feet east of U. S. 1) to the specified depth,including mobilization and demobilization, acquisition of spoil disposal site, removal of fill, onsite testing services to perform • sampling and testing of turbidity and submittal of test reports. Mobilization/Demobilization * 0.00 Maintenance Dredging 13,333 CY @ $15.00 per CY S200.000.00 TOTAL $200,000.00 * This Item is contingent on Subaqueous Services, Inc. receiving a Notice to Proceed prior to the completion of the C-10 Canal for the Department of Transportation. Subaqueous Services, Inc. will provide the City of Dania Beach at least 30 days prior to completion of the C-10 Canal a completion date. If the City of Dania Beach cannot provide a Notice to Proceed by that stated completion date, then the City of Dania Beach will provide a Notice to Proceed within 15 days of that date and Subaqueous Services, Inc. will mobilize and demobilize at a cost of$50,000.00. If the City of Dania Beach cannot meet this requirement, the contract becomes Invalid. FOR: SUBAQUEOUS SERVICES, INC. Lan . Young, Vice President Date: March 18, 2002 • ACKNOWLEDGEMENT OF CONTRACTOR rSTATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 18th day of March,2002,by Lance W. Young , as Vice President and .respectively, of Subaqueous Services, Inc. , a Florida corporation, on behalf of the corporation. They are personally known to me or have produce as identification and did/did not take an oath. Notary Public, State of Florida Signature of Notary taking Acknowledgement, C; Name of Notary Typed, Printed or Stamped .WRmission F,x fires: Tram i A. Red Expires_ Juts' 31 2005 '��10F� ,��m� B TtauTh[ued r riftrr+t g-_o, its. Commission Number CONTRACT DOCUMENTS TECHNICAL. SPECIFICATIONS FOR DANIA BEACH CUT-OFF CANAL MAINTENANCE DREDGING PROJECT • PREPARED BY CITY OF DANIA BEACH 100 WEST DANIA BEACH BLVD. DANIA BEACH, FLORIDA 33004 (954) 921-8700 of CITY OF DANIA BEACH ENGINEERING &ARCHITECTURAL SERVICES CONTRACT Improvement or Project No. Description Contractor Amount Commission Approval Date CONTRACT DOCUMENT • • CONTRACT (To be executed in triplicate, two copies to be filed in the Office of the City Engineer of Dania Beach, Florida, and one copy to be given to the Contractor). THIS AGREEMENT, entered into on 2002, between: CITY OF DANIA BEACH, a municipal corporation of Florida, called the "City" And Subaqueous Services}Inc. , called the "Contractor", a Florida corporation. The "Project"is: DANIA BEACH CUT-OFF CANAL The City and Contractor agree as set forth below: The Contractor by virtue of signing the Contract,acknowledges that they and all their subcontractors have satisfied themselves as to the.nature and location of the work, the general and local conditions including, but not restricted to: those bearing upon transportation and traffic maintenance; disposal,handling and storage of materials;access road to the site; the conformation and conditions of the work area; and the character of equipment and facilities needed preliminary to and during the performance of the work. Failure on the part of the Contractor to completely or properly evaluate any factors of costs. In consideration of the mutual covenants and obligations of this contract, the City does award the contract to the Contractor,and the Contractor does agree to furnish the necessary labor,tools, equipment, material and supplies, etc., and to perform the work specified below at the following prices, to-wit: THE CITY OF DANIA BEACH CUT-OFF CANAL MAINTENANCE DREDGING PROTECT • The undersigned Contractor proposes to furnish all labor, tools, material and supplies, and to sustain all the expense incurred in doing the work set forth below that may be awarded the undersigned by the City of Dania Beach, Florida, through its proper officers, and to do the same strictly in accordance with the plans and contract documents on file in the Office of the City Engineer of Dania Beach,which are referred to below and made a part hereof, at the following unit prices, to-wit: SCOPE OF WORK For furnishing all labor,material and equipment to dredge the Dania Beach Cut-Off Canal to the specified depth,including.mobilization and demobilization, acquisition of spoil disposal site, removal of fill, onsite testing services to perform sampling and testing of turbidity, submittal of test reports and provide a.FDEP approved Manatee observer during all water related work in accordance with special environmental permit conditions, the lump sum of $200,000.00 Dollars and no cents cents. The reference standards are contained in the 1991 edition of the Florida Department of Transportation's Standard Specifications for Road and Bridge Construction (FDOT) and its supplements with changes pertaining thereto, as amended by the specifications. PRE-CONSTRUCTION SCHEDULING: ® after the "Award of Contract" and prior to the issuance of the "Authorization to Occupy the Site," a pre- work Conference will be held between the Contractor, City, the Engineer, utility companies and other contractors affected by the work. The time and place of this conference will be 1. Pre-construction meeting 2. Insurance Certificate from Contractor to City naming the City of Dania Beach and Broward County as additional insured's 3. Performance Bond Certificate from Contractor to City 4. Contract starting time *Project Completion Date 120 days after the date of commencement * Liquidated damages will include $200.00 per day from the substantial completion date. These prices include the protection and continuous use of all existing sewers; conduits, drains, pipes, buildings,walks, bridges and other construction encountered, and the prompt repairing of any damage done them during the progress of the work or from insufficient support; also, all filling, backfilling, tamping,ramming,puddling and consolidating;the removal and disposal of all rubbish and surplus material; also, all pumping, bailing, draining or dewatering of all the excavations incidental to the execution of the work; also, all loss or damage arising out of the nature of the work or from actions of the elements, or from any unforeseen obstruction or difficulties encountered in the prosecution of the work; also, the furnishing of all necessary labor, tools, equipment, materials and supplies, etc., and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense incurred in or in consequence of the suspension or discontinuance of the work specified and a faithful compliance with each and every one of the requirement of the contract and for the faithful completion of the whole,in the manner specified, including the maintenance of the entire work and construction in good condition and repair until final acceptance. In consideration of the payments and covenants to be made and performed by the City, the Contractor does agree: (1) To furnish all labor, tools, equipment, materials and supplies and to do all the work in a first-class, substantial and workmanlike manner, and in conformity details for the work on file in the Office of the City Engineer of the City of Dania Beach, Florida, and strictly in accordance with the specifications,general stipulations and plans which are referred to and made a part of this contract, as well as to the satisfaction of the City Commission and the City Engineer of the City, and in strict compliance with the directions which may be given by the City Engineer or his authorized representative, at and for the prices plainly set forth. (2) Upon notification by the City, to correct any defective or faulty work or materials which may appear within one (1) year after completion of contract and receipt of final payment. (3) To comply with the regulations of the Secretary of Labor of the United States of America made pursuant to the Anti-Kickback Act of June 13, 1934, 40 U.S.C. 276(c), the Davis-Bacon Act, 40 U.S.C. 276a-7, and any amendments or modifications thereto, and the Contractor shall cause appropriate provisions to be inserted in its subcontracts to insure compliance by its subcontractor(s) under the provisions of the Anti-Kickback Act, subject, however, to any reasonable limitations,variations, tolerances and exemptions from the requirements of the Anti- Kickback Act as the Secretary of Labor may specifically provide. The Contractor will comply with all provisions of Executive Order 112.46 of September 24, 1965, and the rules, regulations and relevant orders of the Secretary of Labor. (4) To pay promptly and before final settlement, any and all claims or liens incurred in and about this work. (5) The contractor agrees that representatives of the U.S. Public Health Service and the State of Florida shall have access to the work wherever it is in preparation or progress, and that the Contractor will provide proper facilities for such access and inspection. (6) Apprentice and Trainee Requirements: Apprentices shall be registered individually under a bona fide apprenticeship program registered with a state apprenticeship agency recognized by the Bureau of Apprenticeship and Training, U.S. Department of Labor. All contracts in excess of$25,000 shall be governed by the following: Contractor or supplier agrees to make a diligent effort to hire for the performance of the contract a number of apprentices or trainees in each occupation which bears to the average number • of journeymen in that occupation to be employed in the performance of the contract,the ratio of at least one apprentice or trainee to every five journeymen. Contractor or supplier agrees,when feasible, to assure that 25% of such apprentices or trainees are in their first year of training, except when the number of apprentices or trainees to be hired is fewer than four. Contractor or supplier agrees to submit, at three month intervals,to the Bureau of Apprenticeship . of the Division of Labor, records of employment by trade of the number of apprentices or trainees employed; race of all apprentices; the number of apprentices or trainees in their first year of training; and total hours of work of all apprentices, trainees and journeymen. Contractor or supplier agrees to submit to the Bureau of Apprenticeship of the Division of Labor, at three month intervals,a statement describing steps taken toward making a diligent effort in the hiring of apprentices and trainees and containing a breakdown by craft of hours worked and wages paid for first year apprentices or trainees, other apprentices or trainees and journeymen. (7) The following documents are incorporated and made a part of this contract: (a) All documents which are attached. (b) "Statement of Work;" the."Proposal," "Special Conditions," "General Conditions," and "Specific Provisions" attached hereto, the "Performance Bond, " the plans already, prepared, all.addenda issued by the City before and all provisions required by law, whether actually inserted or not. • IN WITNESS WHEREOF, the City has caused these presents to be signed by its Mayor- Commissioner, City Manager, attested by the City Clerk with the corporate seal of the said City of Dania Beach, and the Contractor has executed these presents the day and year written. Signed, Sealed and Witnessed CITY OF DANIA BEACH, in the Presence of: FLORIDA: By Witness Mayor-Commissioner By Witness City Manager Approved by: Attest: City Engineer City Clerk Approved as to form: City Attorney WITNESS: CONTRACTOR: Witness —Print or type name Corporate Name By Witness—Print or type name Corporate Seal Name/Title • SPECIAL CONDITIONS SPECIAL CONDITIONS DANIA BEACH CUT-OFF CANAL MAINTENANCE DREDGING PROJECT GENERAL: It is the intent of the contract to provide for maintenance dredging of a man-made canal to provide a 60-ft. bottom width at a depth of(-)6.5 feet Mean Low Water referenced to N.G.V.D. LOCATION: The project is located between Griffin Road and 200 feet east of U.S. 1 along the Dania Beach Cut-off Canal, a man-made canal, Class III Waters,in Dania Beach Beach, Broward County, Florida. PROJECT IDENTIFICATION: The Contractor must provide a project sign 8 feet high x 4 feet wide of 3/4"Marine grade plywood and wood frame construction, newly painted and lettered according to the accompanying sketch. The sign shall be painted and lettered in accordance with professional outdoor sign painting standards as to,lay-out; symmetry;proportion,.clarity, neatness and use of weather-resistant colors and materials. Sign design shall be approved by City and installed prior to commencing work. No other signs shall be erected without City permission, except those signs required by law. Contractor will not be paid separately for project sign. PERMIT REQUIREMENTS:'The Contractor shall comply with all conditions of the Florida Department of Environmental Protection (FDEP) permit, and the Broward County Department of Natural Resource Protection (BCDNRP) License to be obtained for this project. The permit and license will be obtained by Sea Systems Corporation and will be attached to these specifications. • EXCAVATION: The Contractor shall excavate to the line and grade shown on the plans. Tolerances shall be ±0.5 feet. The Contractor shall achieve a minimum depth of at least (-)6.5 feet along the 60 foot bottom width throughout the length of canal being dredged. The Contractor may exceed this tolerance by no more than 6 inches (deeper). PRESERVATION OF PROPERTY: The Contractor shall preserve from damage all property along the line of work or which is in the vicinity or is in any way affected by the work, the removal or destruction of which is not called for by the plans and specifications. This applies to private buildings, signs, trees, pavement, sidewalk, grass, seawalls, docks, etc., and whenever such property is damaged,it shall be restored to a condition satisfactory to the Engineer. The Contractor shall erect:and maintain all necessary barricades, suitable and sufficient red lights, danger signals and signs and shall take all necessary precautions for the protection of the work and safety or the public. All operations of the Contractor,including storage of materials upon City premises, shall be confined to areas authorized by the Project.Manager. No unauthorized entry upon or passage through, or storage or disposal of materials, shall be made on City premises. City premises adjacent to the construction will be made available for use by the Contractor without cost,whenever such use will not interfere with other City uses or purposes. OPERATIONS: All elevations referenced to 0.0 Feet National Geodetic Vertical Datum (NGVD). ® MHW for the Dania Beach Cut-Off Canal is +1.8 Feet N.G.V.D. MLW is (-)0.55 Feet N.G.V.D. It is the Contractor's responsibility to make his own field investigation of possible dredged material discharge sites. The investigation should consider/include the depth of water and distance from the work area to the discharge site, existing features of the land (such as mangrove trees or other obstructions) which may be damaged by his operations, costs associated with preparing and restoring of the dredge discharge/transfer site,vehicular traffic and traffic control, elevation of land above normal water level fluctuations, noise level of equipment and its impact on neighboring properties, and any other factors which the Contractor must include in preparing his time and operations studies and bid prices for performing the designated dredging work. Dredged soil material shall become the sole property of the Contractor. The Contractor shall move and stockpile the dewatered dredge material in accordance with the Engineer's instruction. CHANGES IN THE WORK It is the Contractor's responsibility to maintain detailed records of the work performed on a time and materials basis. The Contractor will provide the information necessary for an evaluation of contract changes,and to substantiate costs and/or time extensions to the contract. The data necessary to support quotations and/or change computations are: Quantities of materials, labor and equipment;Taxes,insurance and bonds; Overhead and profit;Justification for changes in contract time; and Credit(s) for deletions in contract requirements. The Contractor shall support requests for additional cost for work performed on a time and material basis utilizing the following additional documentation: Origin and date of authorization; Dates and times work was performed and by whom the work was performed;Time records and actual wage rates paid to those performing the work; Invoices and receipts for materials and equipment; and similar documentation from all involved subcontractors. An authorization/change order shall be authorized by the Engineer and the City based in a Change Proposal Request and properly itemized Contractor's lump sum quotation. The Engineer will determine the change allowable in the Contract Sum and Contract Time based on the Contractor's submission. All . changes in the Contract Time must be authorized by an approved Change Order to the Original Contract as approved by the Board of City Commissioners. SCHEDULE OF VALUES: The schedule of values to be submitted shall be typed on Contractor furnished forms. Each line item shall be identified by number and title of major specifications section, and the Engineer will provide minimum requirements. The Contractor shall list the installed value of each item of work and each subcontracted item of work as separate line items which will serve as the basis for computing values for the Progress Payments. Contractor will round off values to the nearest dollar, this sum of values listed shall equal total cost of the contract. The Contractor shall submit three copies of the Schedule prior to the award of the contract, the form and content must be acceptable to both the Engineer and the City. The Contractor shall provide substantiating data to the City or Engineer when necessary to justify line item amounts in question. DREDGE DISCHARGE SITE: The Contractor shall procure the dredge discharge site. The dredge discharge site will be a parcel of land mutually agreeable to the City,the City Engineer and the Contractor. The material excavated shall be deposited upland in a manner which will prevent sediment filled effluent from re-entering the water. For any material that is deposited or allowed to flow elsewhere than in places designated or approved by the Engineer, the contractor shall be required to remove such misplaced material and deposit it in the approved area at his own expense. The dredge discharge area shall be restored to the satisfaction of the City and the City Engineer. The Contractor shall repair to the satisfaction of the City and the City Engineer all existing features at the dredge discharge site damaged by this operation. The Contractor will hold the City harmless for all actions and work conducted at the disposal site. The form and context of the agreement shall be drafted by the City Attorney and shall be included in the agreement to be approved by the City Commission. METHODS OF DREDGING: Excavation may be accomplished by dredging with dragline excavator, backhoe, or hydraulic dredge. The Contractor is responsible for providing turbidity monitoring equipment and having trained personnel available at all times during dredging and for ensuring his operations do not cause degradation of water quality in Dania Beach Cut-Off Canal beyond the limits set forth by regulatory agency permits (29 NTU's above background). Turbidity tests shall be performed once every two (2) hours during dredging operations for each and every dredging operation,beginning one hour after commencement of dredging. This sample includes both the background location and compliance location. Background turbidity shall be measured upstream at least 50 meters from the work areas, outside of any visible turbidity plume, taken at mid-depth. Compliance turbidity shall be measured downstream at least 150 meters from the dredge and within the densest portion of any visible turbid plume at the mid-depth. The Contractor is responsible for complying with requirements in all regulatory agency permits. The City has performed no percolation:tests and makes no guarantees regarding the time of non-stop dredging or the frequency of interruptions the Contractor may experience due to conditions of the dredge discharge Site. EXISTING'DRAINAGE: Except as specified or shown on the Contract drawings,the Contractor shall not block or restrict flow in a natural drain, existing canal or ditch at any time without obtaining prior approval in writing. This approval, however, shall not be construed as relieving the Contractor of responsibility for any damage caused by his operations. Should the Contractor place excavated materials in any canal, ditch or natural drain, the materials so placed shall be immediately removed as required to restore conditions existing prior to work under this Contract and the materials disposed of as specified. TRAFFIC: The Contractor is responsible, at his own expense, for maintaining a navigable passage through the Dania Beach Cut-Off Canal at all times during the project. Navigational and/or other vehicular traffic shall not be interrupted without written permission from the City. The Contractor shall refer to the City of Dania Beach permit for specific requirements with regards to vehicular and navigational traffic. The Contractor shall provide and maintain access to fire hydrants. Should the Contractor,.during the progress of the work,lose, dump, throw overboard, sink or misplace any material, plant,machinery, or appliance,which in the opinion of the Engineer may be dangerous to or obstruct navigation, the Contractor shall recover and remove the same with utmost dispatch. The Contractor shall give immediate notice,with description and location of such obstructions, to the Engineer, and when required, shall mark or buoy such obstructions until the same are removed. Should the Contractor refuse, such obstructions may be removed by the City, and cost of such removal may be deducted from any money due or to become due to the Contractor or may be recovered under his/her bond. The liability of the Contractor for the removal of a vessel wrecked or sunk without fault or negligence shall be limited to that provided in Divisions 15, 19, and 20 of the River and Harbor act of March 3, 1899 (33 U.S.C. 410 et seq.). SECURITY: The Contractor shall provide security facilities to protect work and existing facilities and the City's operations from unauthorized entry,vandalism or theft. In addition, the Contractor will coordinate with the City's security program. INSURANCE: The insurance policy required by this project shall name the City of Dania Beach as the insured. LIQUIDATED DAMAGES: The Contractor shall pay the City as damages for non-completion of the work by the substantial completion date,Two Hundred Dollars and No/100 ($200.00) for each calendar day exceeding the substantial completion date until final completion of the project. BASIS OF PAYMENT: Based upon Applications for Payment submitted to the Engineer by the Contractor and Certificates for Payment issued by the Engineer, the City shall make progress payments on account of the Contract Sum to the Contractor,items of work under this contract have been established to provide a basis for field measurement and a lump sum and items to be considered in the bid are as follows: Mobilization and demobilization of equipment and manpower (move-in and move-out). This item shall include payment for furnishing the required insurance coverages, overhead and other fixed costs associated with project start-up, permit requirements and clean-up completion of all work. This item has been provided so that in the event it is necessary to substantially increase, decrease or omit unit items of work,.the Contractor.will not suffer financial loss due to fixed costs he may have included in those items of work. Payment for mobilization,demobilization and fixed costs will become eligible as follows: 35% of lump sum after work is acceptably in progress within-the Contractor's work area. 25% of lump sum after work is acceptably in progress within the Contractor's work area, with 25% of the work completed. 20% of lump sum after work is acceptably in progress within the Contractor's work area with 50% of the work completed. 20% after project completion (with final payment). It is acknowledged that dredging of the work area may require movement of the barges and equipment over land or across the waterway, utilization of dredged material transfer areas and restoration of those areas,perhaps different types of dredging equipment, assembly and/or disassembly, followed by reassembly. Payment for these moves,multiple types of equipment,reduction in productivity, utilization and restoration of work areas shall be included in the Lump Sum bid for Item 1. In any event, the maximum payment under Item 1 cannot exceed one lump sum regardless of the number of trips, moves, types of equipment, or set-ups the Contractor may make. The Engineer will review the Contractor's schedule of values and adjust if necessary the cost of this item prior to award of Contractor. The contractor shall prepare the schedule of values for review and approval by all parties prior to award of the contract by the City Commission. Dredge and/or excavate earth material from designated area in Dania Beach Cut-Off Canal. This item shall include all costs associated with dredging and/or excavating material such as sand, silt, muck and the delivery and maintenance of a dredge discharge site,maintenance of vehicular and water-borne traffic, turbidity control devices, and all other costs associated with removing river bottom material to the lines and grades shown on the plans. The Contractor shall be paid for dredging only to the limits shown as proposed on the plans and specifications. Material dredged by the Contractor beyond those limits will not be paid. APPLICATION AND SUBMITTAL OF PAYMENT: Type the required information or use media- driven print-out. Execute certification by signature of authorized officer. Use data on the accepted schedule of values and provide dollar value in each column for each line item for portion of work performed and for stored products. List each authorized change order as an extension of continuation sheet,listing the change order number and dollar amount as for an original item of work. Submit three • copies of each application for payment each time it is stipulated in the agreement. When the City or the City Engineer requires substantiating information, the Contractor will submit data justifying line item amounts in question. The Contractor must show the application number, date and line item by number and description. THE CONTRACTOR SHALL: I. PUBLIC LIABILITY: Provide Owner's, Contractor's Protective Liability Insurance,including City as an additional insured,with minimum limits of$100,000 per person, $300,000 per occurrence and$50,000 property damage. II. WORKER'S COMPENSATION: Provide Worker's Compensation and Employer's Liability Insurance for the benefit of the.Contractor's work force. III. INDEMNITY: Protect, defend,indemnify and hold harmless the City of Dania Beach,its officers, employees and agents from and against any and all lawsuits,penalties, damages, settlements, judgments, decrees,costs, charges and other expenses or liabilities of every kind in connection with or arising directly out of the work agreed to be performed herein. Without limiting the foregoing, any and all such claims, suits, etc.,relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged infringement of any patent, trademark, copyright or of any other tangible or intangible personal or property right, or any actual or alleged violation of any applicable statue, ordinance, administrative order,rule or regulation or decree of any court,is included in the indemnity. The Contractor further agrees to investigate, handle, respond to, provide defense for, and defend any such claims, etc., at his/her sole expense and agrees to bear all other costs and expenses related thereto, even if the claim(s) is/are groundless, false or fraudulent. In case of injury to persons, animals or property, real or personal, by reason of failure to erect or maintain proper and necessary barricades, safeguards and signals or by reason of any negligence of any contractor, subcontractor or any of the Contractor's agents, servants, or employees during the performance of the work before the estimates have become due under this contract, the City may, through its officials,withhold such payments as long as it may deem necessary for the indemnity of the City as Owner, provided that the failure to pay the same shall not be construed or considered as a waiver of the indemnity as herein above set forth. IV. AUTOMOBILE LIABILITY: Covering all owned, hired and non-owned automobile equipment. Limits: Bodily Injury - $100,000 each person $300,000 each occurrence Property Damage - $ 50,000 each occurrence V. BUILDER'S RISK: If a structure is to be erected, the Contractor must also provide Builder's Risk Insurance for the full insurable value of the premises being constructed, and the policy should be endorsed to the effect that the interests of the City are included as a loss payee and the carrier waives all right of subrogation against the City. VI. CERTIFICATES OF INSURANCE: Before commencing performance of this contract, the Contractor shall furnish the City of Dania Beach a duplicate policy of Certificate of Insurance for the required insurance specified above,which shall contain the following: a) Name of insurance carrier(s); b) Effective and expiration date of policies; c) Thirty days written notice by carrier of any cancellation or material change in any policy; d) Duplicate Policy Certificates of Insurance stating that the interests of the City are included as an additional named insured, and specifying the project/location. ** Such insurance shall apply despite any insurance which the City may carry in its own name. VII. SUBCONTRACTOR INSURANCE: Contractor is advised to require all of its subcontractors to provide the aforementioned coverage as well as any other coverages that the Contract may consider necessary, and any deficiency in the coverages,or policy limits of any subcontractors will be the sole responsibility of the Contractor. CONTRACT CLOSE-OUT PROCEDURES CONTRACT CLOSE-OUT PROCEDURES . SUBSTANTIAL COMPLETION: The date of substantial completion of a project or specified area of a project is the date on which the construction is sufficiently completed,in accordance with the contract documents, or as modified by a change order agreement, so that the City may occupy the project or specified area of the project for the use for which it was intended. PROCEDURES: 1) All work must be completed to the satisfaction of the appropriate Department having jurisdiction over the work. The Contractor must furnish the City with a certified as-built survey prepared by a registered Florida land surveyor. 2) When the Contractor considers the work, or a specific part thereof, substantially complete, the Contractor will provide written notice to the Engineer in the form of a Contractor's Request for Substantial Completion Inspection together with the Substantial Completion Inspection Punch.List Items form,which form will list items to be completed or corrected with notes indicating projected completion date of each item. The Engineer will inspect the status of the work within a reasonable time after the receipt of Contractor's request. 3) If the Contractor is notified in writing, that the Engineer or the City determined that the work is not substantially complete and/or the Contractor's Punch List is seriously deficient in providing a true representation of the status of the work, the Contractor shall remedy deficiencies noted in the Engineer's or City's notification and send a second request for inspection. 4) At the time the Engineer determines that the work is substantially complete, a Substantial Completion Inspection Punch List form and detailed Punch List will be prepared and forwarded to the Contractor for corrective action. 5) Within fourteen days of receipt of detailed Punch List, the Contractor shall review the document,request clarification if necessary and notify the City and Engineer in writing of the items on the punch List which the Contractor believes are not a part of the Contract Work. Failure on the part of the Contractor to so notify the City and the Engineer will constitute acceptance by the Contractor of the list and agreement to correct deficiencies within the time noted. 6) Upon acceptance of the Punch List,a Certificate of Acceptance for Substantial completion will be prepared and executed. FINAL COMPLETION: When the Contractor determines that all work indicated in the Substantial Completion Punch List as prepared by the Engineer is complete, the Contractor shall submit written certification that the work has been inspected for compliance with the contract documents, that the work has been completed in accordance with the Certificate of Acceptance for Substantial Completion and its attachments have been completed, and that the work is complete and ready for final inspection. When the City and Engineer determine the work is complete, the Contractor will provide close-out submittals. If the City and Engineer find that the work is incomplete, the Contractor will be notified in writing off all observed deficiencies, and the Contractor will remedy the deficiencies and submit a second certificate. SUBMITTALS —SUBSTANTIAL PERFORMANCE: This submittal shall include the Contractor's Request for Substantial Completion Inspection together with Substantial Completion—Punch List Items indicating Contractor's evaluation of the status of the work completed; evidence of compliance with the requirements of governing authorities,including certified as-builts; project record documents; evidence of • payment,including Subcontractor's statements of satisfaction, and/or consent of surety to requisition payment. SUBMITTALS—FINAL ACCEPTANCE: This submittal shall include the Contractor's certificate that the Contractor Work and Substantial Completion Inspection—Punch List Items have been completed in accordance with Contract Documents;warranties and bonds; evidence of final payment and final release of claim, the final release of claim must be furnished for all subcontractors and material suppliers of record for the project, the city may at its option accept a properly executed consent of surety to requisition payment in lieu of the Final Release Claim. Upon completion of the Contract Work, the city will prepare a Certificate of Final Acceptance reflecting adjustments to the Contract Sum,including the original contract sum; the total of all adjustments to the contract sum,including but not limited to, change orders, final adjustments:to contingency allowance, deductions for uncorrected and/or retesting due to.failed tests and other.adjustments to the contract sum; deductions for liquidated.damages,assessed after substantial completion; final adjusted contract sum.