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Home My WebLink AboutR-2024-169 Bore Tech Utilities - Directional Boring LightsA RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH. FLORIDA. AUTHORIZING THE AWARD OF INVITATION TO BID(.ITB') NO. 24-025, ENTITLED *DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION" TO BORE TECH UTILITIES & MAINTAINANCE. INC. IN AN AMOUNT NOT TO EXCEED TWO HLNDRED AND EIGHTY.SIX THOUSAND AND SIX HLTNDRED AND SEVENTY.TWO DOLLARS AND TWENTY-FIVE CENTS ($286,672.25); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 22, 2021, pursuant to Resolution No. 2021-083. the City Commission authorized the permitting. engineering design, construction, and funding necessary to provide electricity to roadway medians enable the lighting ofholiday decorations; and WHEREAS, the Public Services Department ("PSD") engaged Calvin Giordano and Associates to design. prepare construction documents, obtain permits, and provide post-design services for this project: and WHERf,AS, on October l't,2024. the City issued an Invitation to Bid ("lTB") No.24- 025 for the "Directional Boring and Electrical Utility Installation Project"; and WHEREAS, on October 22. 2024, the City received two responses to ITB No. 2024-025. shown below: I . Bore Tech Utilities & Maintenance, Inc. $286,672.25 2. Champs Pro Services $440,773.81: WHEREAS, the Bid Committee's assessment of the bid packages provided by the respondents. reviewed by the consultant project engineer, resulted in the selection ofBore Tech Utilities & Maintenance. Inc. as the lowest and most qualified. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section l. That the above "Whereas" clauses are ratified and confirmed, and they are made a part ofand incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes the proper City officials to execute an agreement with Bore Tech Utilities & Maintenance, Inc. for the Directional Boring and RESoLUTToN No. 2021-I!2{ Electrical Lltiliq' Installation Project in an amount no1 to exceed One Hundred Ninety-Five Thousand Dollars ($286,672.25). Section 3. That funding will be appropriated from the Capital Projects Fund Account Number 301-39-60-541-63-10 in the amount not to exceed Two hundred and eighty- six thousand and six hundred and seventy-two dollars and twenty-five cents ($286,672.25). Section {. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall become effective upon its passage and adoption PASSED AND ADOPTED on 0'l .2024 Motion by' FINAL VOTE ON ADOPTION: Commissioner Lori Lewellen Commissioner Luis Rimoli Commissioner Archibald J. Ryan Vice Mayor Marco Salvino Mayor Joyce L. Davis bnq La,"v,lknsecond b1 Ltnoni^ous/ Yes No IV ATTEST l:t-ORA C J E DA S C'I'I'Y CLERK APPROVED AS TO FORM AND CORRECTNESS LITSIS l C'I ORNEY REsoLUrroN t2021-f@ ,4 F- THIS IS AN AGREEMENT ("Agreement") dated 2024. between the City of Dania Bcach, Florida, a Florida municipal corporation ("City"), with its p ncipal place ofbusiness located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and Bore Tech Utilities & Maintenance, Inc. ("Contractor"), with a mailing address of I9025 SW 194 Avenue. Miami, Florida 33187. In consideration of the mutual covenants. terms and conditions contained in this Agreement. and for other good and valuable consideration, the adequacy and receipt ofwhich are acknowledged and agreed upon, the parties agree as follows: 1 . Definitions City. The City of Dania Beach, Florida. City Code. The City of Dania Bcach Code of Ordinanccs. Force Majeure: Any event which results in the prevention or delay ofperformance by a party of its obligations under this Agreement and which is beyond the reasonable control of such party including. but is not limited to fire, earthquakes, hurricanes, tomadoes, storms. lightning, epidemrc, pandemic, war. riot, civil disturbance, sabotage, and governmental actions. "Force majeure" does not include where the City's actions or inactions or lack of compliance with the Agreement delay the Contractor. Governmental Approvals: All govemmental and quasi-govemmental approvals from applicable city, county and other agencies and authorities required to develop the Property, including, but not limited to, development of regional impact approvals, srte plan approvals, comprehensive land use plan approvals, plat approvals and recordation, public dedications, environmental approvals, zoning approvals, building permits and all other govemmental approvals required in connection with the development of any Improvements at the Properry (and the expiration of all appeal periods with respect thereto), modification or vacation of easements or both, and other matters pertaining to the Property. Governmental Authority. Any federal, state, county, municipal or other govemmental departrnent, entity, authority, commission board, bureau, courtJ agency, or any instrumentality ofany ofthem now existing or hereafter created, having jurisdiction o'r'er the Property or any portion thereof. Governmental Requirement. Any law, enactment, statute, code, ordinance, rule, regulation, judgment, decree, writ, injunction, order, permit, certificate, license, authorization, agreement, or other direction or requirement of any Govemmental Authority now existing or hereafter enacted, adopted, promulgated, entered, or issued. Contractor shall comply with all Govemmental Requirements applicable to the operations and Property, including, without limitation, those prohibiting discrimination by reason of race, color, religion, sex, marital status, sexual orientation, gender identity, national origin, or handicap rn the der,elopment, construction, management, Agreement, use, occupancy ofthe operation and Property or any portion thereof. AGREEMENT Work. The labor and materials required to complete the construction of the Improvements on the Property, and any rclatcd buildings or structures not locatcd on thc Propcrry, in a good and *orkmanlike manner in accordance with the Plans and all applicable Govcrnmental Requirements. 2. Scope of Services. The Contractor agrees to provide construction services ("Services" or "Work") associated with the City's ITB (lnvitation to Bid) No. 24-025 entitled Directional Boring and Electncal Utility lnstallatron, Phase Il" , which ITB is incorporated by this reference into this Agreement as Exhibit "A". This Agreement encompasses the Contractor's response, provided, however that if there is any conflict between the terms of the Agreement and the Contractor's response to City. the Agreement is controlling. The Cost Breakdown is identified and in the Contractor's Bid Form as Exhibit "B" which exhibit is incorporatcd by rcference into this Agreement. 3. Subcontracts. II is expressly agreed to by the parties that the City shall approve in advance in writing any Subcontractors and thc fccs to bc paid thcm by Contractor, prior to any such Subcontractor proceeding with any such work. Contractors shall only designate employees who arc sufficicntly skilled to providc thc rcquircd scrviccs spccificd in this Agrcement. Any person employed to provide the services who fails, refuses or neglects to obey the instructions of the City's rcpresentative in anything rclating to thesc scrvices, or who appcars to be disorderly, insubordinate, or incompetent shall upon the order of City's representative, be immediately rclicvcd by the Contractor from the Projcct Work- Any intcrfcrcnce with. or any abusive or threatening conduct toward any City representative, its assistants or inspectors by the Contractor. its cmployces or agents, or any membcr ofthc public shall bc grounds for the City to terminate tlie agreement and re-let the work. The Contractor shall furnish all labor, materials, supplies and equipment necessary to properly mainlain all Project Work areas in an acceptable and safe condition. It is expressly agreed to by the parties that the City shall approve in advance in writing any subcontractors and the fees to be paid them by Contractor, prior to any such subcontractor procccding rvith any such work. 4. Contractor agrees that it and its officcrs shall be held fully rcsponsible, except as otherwise prohibited by law. for all acts of their employees while in their employ. 1.1 Code Relatcd lnspcctions. Thc Contractor recognizes that thc City of Dania Beach, Development Services Department. is a department within the City of Dania Beach, separate and apart Iiom the City of Dania Bcach's Engineering Departmcnt, that is chargcd with thc inspection of improvements to real property for code compliance. The Contractor agrees that it will not assert- as a City causcd dclay. or as a defense ofany delay on the part ofthc Contractor. any good-faith aclion or series ofactions on the part ofthe Development Services Department. including. but not limited to. thc Devclopment Services Departmcnt's rcfusal to acccpt any portion of the Contractor's Work. If it is ultimately determined by the Architect and City that such delay was not the rcsult of Contractor's failure to comply with thc Agreement Documents, the Contractor may be entitled to make a claim for extension of Agreement Time only as its cxclusivc rcmedy, in accordancc with thc tcrms of the Agreement. ) 4.2 Commercial Activities. Contractor shall not establish any commercial activity or issue concessions or permits ofany kind to third parties for cstablishing commercial activitics on lands owned or controlled by City. Conlractor shall not allow its employees to engage in any commercial activities on the sitc. :1.3 Cooneration With Others. Citv and other contractors may be working at the site during the performance ofthis Agreement. Contractor shall fully cooperate with the City, City's designated Representative, and other separate contractors to avoid any delay or hindrance of their work. City may require that certain facilities be used concurrently by Contractor and other patlies, and Contractor shall comply with such requirements. The City shall provide for coordination of the activities of the City's own forces, and of each separate conffactor. with the Work of the Contractor, who shall cooperate and participate with other separate contractors and the City in reviewing their construction schedules. 4.3 The below listed documents are to be used by the Contractor and City during the administration of this Agreement. Additional administrative fbrms may supplement this list upon written notice by the City (or City's Project representative). City reserves the right to modify these lbrms as it deems necessary. Contractor shall maintain logs fbr Items A-K and provide to City monthly. Request for Information Field lnstruction Field Bulletin Construction Change Proposal Change Order Construction Change Directive Submittal Transmittal Deficiency Report Non-Conformance Report Contractor's Daily Report Substitution Repofi 4.4 Contractor shall provide and maintain all utilities in work areas to meet the requirements of the Agreement. Such utilities shall be fumished by the Contractor and shall include, but not be limited to, the following: .1.5 Prior to final acceptance of the Work, the Contractor shall. at its expense. satisfactorily remove and dispose of all temporary utilities developed to meet the requirements of the Agreement. The City will assume the utility costs directly related to its usage of areas in which the Work has been certified as Substantially Complete. B C D E, F. G H I. J. K A. Public telephone service for the Contractor's use. B. Construction power as required at each poinl of construction. C. Water as required throughout the construction. 4.1 A 4.6 Coordination And Correlation Of Drawinss And Specifications. The Contractor represents that the Contractor. its Subconfactors, material and equipment suppliers havc carcfully and diligently compared Phasing. Demolition, Landscaping, Architectural, Structural, Electrical, Undcrground, Civil and Site Drawings and Spccifications, and have compared and reviewed all general and specific details on the Drawings. Contractor shall not be liable to the City for damages or costs resulting from errors, omissions, or inconsistencies in the Agreement Documents, or for differences between field conditions and the Agreement Documents, unless the Contractor recognized, or in the exercise ofits due diligence. should have recognized the issue and knowingly failed to report it to the City. Contractor shall har.e the right to rely on the completeness and accuracy ofinformation, Drawings, Specifications. and other Agreement Documents provided by the City or Design ( onsultants ement ln tion. All claims of Contractor , and all questions the Contractor may have relating to interpretation or clarification ofthis Agreement or its acceptable fulfillment shall be submitted immediately, in writing. to City for resolution. City, or its representatives, will render its determination conceming such resolution within an appropriate period, not to exceed five (5) calendar days, unless additional timc is nccdcd duc to thc novclty or complexity of the interpretation or clarification requested. which determination shall be considered final and conclusive unlcss Contractor files a timely written protest pursuant, as a Disputc. The Contractor's written protest shall state clearly and in detail the basis thereof. and the relief it seeks, if any. City will oonsider Contractor's protest and render its decision thereon within fivc (5) calendar days lf Contractor does not agree with the City's decision. the Contractor shall immediately deliver written noticc to that effect to the City. Ifquestions of interpretation arc not rcsponded to by the Architect or City within the time frame above, and in a manner so as not to impede the natural progress ofthe Work as scheduled, and such delay impacts the critical path ofthc Work, Contractor shall be entitled to adjustment in the performance time as its exclusive remedy. Contractor is solely responsible for requesting instmctions or interpretations and is solely liable for any cost and/or expenses arising from its failure to do so. Contractor's failure to protest City's determinations, instructions, clarifications or decisions within five (5) calendar days after receipt thereof shall constitute a waiver by Contractor of all its rights to further protest, judicially or othem,ise. 5. Date Of Commencement And Substantial Completion 5.1 The Date of Commencement is the date from which the Agreement Time is measured and shall be the date set forth in the Notice to Proceed as issued by the City. Should the Contractor incur costs prior to the issuance of the Notice to Proceed- any such costs shall be incurred at the Contractor's risk, and the City shall not reimburse the Contractor for any such costs under any circumstances. Notwithstanding the foregoing, City may reimburse Contractor for actual costs incured relating to performance and payment bonds and insurance, with submittal ofinvoices. in the event that City terminates this Agreement for convcnicnce, as providcd jn thc Gcneral Conditions. If Contractor fails to commence the Work within thirty (30) days of the date set forth rn thc Notice to Proceed, City may terminatc thc Agrccmcnt immediatcly, without providing an opportunity to cure. 4 5.7 The Contractor shall achieve Substantial Completion not later than Ninety (90) calendar days and Fina[ Completion ofthe entirc Work not later than One Hundred Twenty ( 120) calendar days or, each commencing with the date set forth in the Notice to Proceed as issued by the City, subject to adjustmcnts of this Agrccment Time as provided in the Agreement Documents. 5.3 Term. The term of this Agreement shall be through and including J.UI9IJ02.5, or completion ofthe Services, whichever date is sooner. 6. Payment for Services. 6.1 City agrees to pay Contractor a not-to-exceed fee ofTwo Hundred Eighty Six, Six Hundred Seventy Two Dollars and Twenty-Fivc Cents ($286,672.25) based on the tasks and associated fees attached as Exhibit "8" and incorporated into the Agreement by this reference 6.2 No travel and meal costs will be reimbursable unless incurred outside of Miami-Dade. Broward and Palm Bcach Counties, which costs shall bc approved in writing in advance by the City. Any such costs are payable at the City reimbursement rate. 6.3. The Agreement Sum is based upon the cost agreed upon by the parties, for the satisfactory performance of the Work in accordance with the Agreement Documents. 6.4 The value of any construction Work covered by a Change Order or of any claim for an increase or decrease in the Agreement Sum shall be determined in one ofthe following ways at the City's option:(A) Where the Work involved is covered by unit prices contained in the Agreement Documents, by application of unit prices to the quantities of items involved without additional f'ees. (B) By mutual acceptance of a lump sum price 6.5 Contractor may expend funds only for allowable costs resulting from obligations incurred during the specified Agreement period. 6.6 Any balance ofunobligated funds which have been advanced or paid must be refunded to the City. 6.1 Any funds paid in excess of the amount to which the Contractor or sub-contractor rs entitled undcr thc terms ofthc Agrccmcnt must bc rcfundcd to the City. 6.9 Any necessary additional work, as determined by City, which is not covered by the approved written proposal, shall not be undertaken without a written amendment to this Agreement executed by both pafiies in advance of any work. 6.10 Contractor shall submit its invoices in the format and with supporting documentation as may be required by City 5 6.8 Any additional information as required in Section 215.97, Florida Statutes. 7. Billine Procedure 7.1 The preferred method for invoices is to send via email to ap@daniabeachfl.gov. A copy may also be mailed to City Hall. City of Dania Beach Finance Deparhnent Attn: Accounts Payable 100 West Dania Beach Boulevard Dania Beach, Florida 33004 with a copy to: City of Dania Beach Public Services Department Attn: Fernando Rodriguez, Director 100 West Dania Beach Boulevard Dania Beach. Florida 33004 7 .2 The City will pay to the Contractor for the faithful performance of the Agreement, in lawlil money of the United States, and subject to adjustments as provided in the Agreement Documcnts, thc amounls cqual to thc sum ofthe unit, lump sum price or both established for each separately identified work item, times the estimated quantity of that item. as indicated in thc Schcdulc of Prices. 7.2.1 Taxes: The City is exempt liom any taxes related to the requested services, rvhich may otherwise be imposed by thc statc or fcderal govcmment. This exemption does not transmit to suppliers in their purchases of goods or services, used in work or goods supplied to the City. Thc Contractor shall pay all applicable sales, consumer, use and other similar taxes required by law. The Contractor is responsible for reviewing the pertinent state statutes involving the sales tax and complying with all requirements. 1.3 As provided in the Bid, the quantities entered in thc Schedule of Prices for each item of work is an estimate only and the hnal Agreement amount and the total payment made to the Contractor will be based on the actual numbcr ofunits of each work item incorporated in the Work of the Agreement. It is understood that the unit prices quoted or established for work itcms will be used for computing the amount to bc paid to the Contractor, based on the quantities actually constructed as determrned by the applicable measurement and payment portion ofthe Specifications. 7 .4 Based upon Applications for Payment submitted to the City by the Contractor and Certifications ofPaymcnt issucd by thc City, the City shall make progress payments on account of the Agreement Sum to the Contractor as provided below, elsewhere in the Agreement Documcnts and in accordancc rvith Parl VII of Chapter 218, Florida Statutes. as it may be amended from time to time, entitled the "Local Govemment Prompt Payment Act." 7.5 The period covered by each Application for Payment shall be one calendar month ending on the last day ofthe month, or as follows: 6 (A) Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordancc with the Agreement Documents. The Schedule of Valucs shall allocate the entire Agreement Sum among the various portions of the Work and be prepared in such form and suppofied by such data to substantiate its accuracy as thc Crty may require. This Schedule. unless objected to by the City. shall be used as a basis for reviewng the Contractor's Applications fbr Payment. (B) Applications for Payment shall indicate the percentage of completion. of each portion ofthe Work as ofthe end of the period covered by the Application fbr Payment. 7.6 Subject to the provisions ofthc Agreement Documents, thc amount ofeach progress paymcnt shall be computed as follows: (A) Payment for senices performed may be made on a monthly basis upon approval ofthe Application for Paymcnt by thc designated official ofthc City. The Agreement may includc phases ofperformance to be negotiated. There will be separate phases for design responsibilities and for construction responsibilities. Retainage will be withhcld on all payments as authorizcd by state law until City acceptance of the Project and City has received evidence of satisfactory completion of the Agreemcnt.(B) Five percent (5%) ofmonies earned by the Contractor shall be retained by City until Substantial Completion and acccptance by City, except for thc following items: General Conditions and self-performed work perfbrmed on a cost reimbursement basis, ifany. Retainage will bc released when the project has reachcd substantial completion as agrccd upon by the City and contractor. (C) City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself liom loss on account of: ( I ) Defective Contractor or Subcontractor Work not remedied.(2) Claims filed or reasonable evidence indicating probable filing of claims by other parties against Conhactor.(3) Failure of Contractor to make payments properly to subcontractors or for material or labor.(4) Damage to another subcontractor not remedied.(5) Failure of Contractor to provide any and all documents requircd by the Agreement Documents. 7.7 Application for Payment atier the first Application shall be accompanied by a Ccrtification of Payment form, provided by the City, from the Contractor and each Supplicr and Subcontractor, in amounts equal to those stated in the PRIOR Applicatron fbr the Contractor and each Subcontractor and each Subcontractor, Material/Labor Supplier so due paymcnt. Thc Application for Payment for Retainage shall be accompanied by a final Certification ofPayment and Release of Claim form from the Contractor, each Supplier and Subcontractor in amounts equal to those stated in the Schedule of Values. 7 8. Final Payment. Final payment, constituting thc entire unpaid balance of the Agreemcnt Sum, shall be made by the City to the Contractor when: (A) the Agreement has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work, if any, which obligatton survives final payment and continues thereafter; (B) a final Certification of Payment has been issued by the City; such final payment shall be made by the City not more than thirty (30) days after the issuance ofthe Contractor's final Certification of Payment: (C) final Certification ofPayment has been fumished from the Contractor, Suppliers and Subcontractors: and (D) a Consent of Surcty, if any, for hnal payment. 10. Protection Of Propertv The Contractor shall at all times guard against damage or loss to City property or proparty of other persons, vendors or Contractors and shall be responsiblc for replacing or repairing any such damage or loss. The Contractor will be required to report any such damages immediately to the City's representative in charge ofthe Project. The City reserves the right to repair any damages created by the Contractor and to deduct the appropriate amount from any payment due to the Contractor. In all cases. the decision of the City is final. 11. Florida Trench Safety Act. Thc Contractor shall includc with its Bid, rvhen applicable. all documentation required by the Florida "Trench Safety Acf', Section 553.63. Florida Statutes. The unit prrces and total prices presentcd rn thc Bid, and thosc prcscntcd in any subsequent change orders shall rnclude the Contractor's cost for compliance u,ith the applicable trench safety standards. 12. Trash. Contractor shall be responsiblc for thc daily rcmoval of trash and debris from the Project work sites and upon completion ofthe Project Work. 13. Public Bid Disclosure Act. ln accordance with the Public Bid Disclosure Act, Section 2l E.80, Florida Statutcs, cach license, permit, or fee a Contractor will have to pay the City before or during the work, items or services to be provided or the percentage method or unit method ofall licenses, permits. and fees required by thc City and payablc to the City by vimrc of the work. items. or services as part of the agreement are as follows: 8 9. Pavment and Pcrformance Bond. The Contractor agrees that befbre commencing any work or construction the Contractor shall maintain, at all times, a valid payment and perfbrmance bond, consistent with thc rcquircments contained in the ITB, attached as Exhibit B. The exccutcd Bonds shall be attached to this Agreement as Exhibit C. (A) Contractor sha[[ have and maintain during the term of the agreement any and all appropriate City liccnscs, fccs (and business tax receipts, if applicablc), which shall be paid in full in accordance rvith the City's fee structure for such items. THERE WILL :\OT BE ANY PERCENTAGE REDUCTION OR WAIVING OF CITY LICENSES., FEES (OR BUSINESS TAX RECEIPTS, IF APPLICABLE). (B) During the performance of the agreement, there may be times when the Contractor will be required to obtain a permit for such work, or in connection with the items or services. It is the responsibility of the Contractor to ensure that it has the approp ate permits as may become necessary dunng the performance of the work. Any fees related to the required permits in connection with the agreement will be the sole responsibility of the Contractor. (C) Licenses, permits, and fees may be required by Broward County, the state of Florida or the federal goverament. (D)City will reimburse permit fee costs related to dcwatcring and National Pollutant Discharge Elimination System (NPDES). 14. Safety. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project Work. Thc Contractor shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial safety (Florida Statutes, Section 440.56) and with the standards set forth in the federal Occupational Safety and Health Act of 1970 (OSHA), and its amendments. Contractor, by submitting a bid, certifies that all materials and equipment to be supplied for the Projcct will mcct all federal and state requirements, including but not limited to. the Occupational Safety and Health Act (OSHA). 15. Warrant-y. The Contractor shall warrant to the City that materials and equipment fumished under the agreement will be of good quality and new unless otherwise required or permitted by the Agreement Documents: that the Work will be free from defects. and that the Work will conform to the terms and conditions of the agreement. Work not conforming to those terms and conditions, including substitutions not properly approved and authorized may be considered defective. The Contractor's warranty may exclude damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient City maintenance. improper operation. or normal wear and tear under normal usage. The Contractor shall fumish satisfactory evidence as to the kind and quality of materials and equipment. All manufacturers' product warranties shall be registered in the City's name and for its sole benefit. 16. ConstructionQuality. Contractor agrees to perform all work ("Work") required to complete the construction of the Improvements on the Propefiy in a good and workmanlike manner. 9 16.1 Standards ofConstruction. Any and all construction of Improvements shall be performed in such a manner as to provide that the Improvements shall: (i) Substantially comply with thc Permitted Plans; (ii) Comply with the terms and provisions of this Agreement; and (iii) Comply with all applicable laws. ordinances, rules, regulations and procedures of all applicable Govemmental Authorities. 16.2 Complv with Applicable Law. All Improvements constructed or installed by the Contractor, its agents. or contractors, shall conform to all applicable state, federal, county, and local statutes, ordinances, building codes. fire codes, and rules and regulations, as amended. 16.3 Contractor's Obligations During Construction. Prior to the Completion Datc. Contractor shall:(A) Provide scaffolding, hoists, temporary structures, light, heat, power, toilets, temporary utility connections, cquipmcnt, tools and materials and other requirements for the performance of the Work;(B) Maintain thc Propcrty in a clcan and orderly condition, at all times, taking into consideration the public beachfront nature of the Project, and remove all paper. cartons and other debris from the Propertyl(C) Preserve all properties adjacent to or leading to the Property, and restore and repair any such properties damaged as a result of construction of the Work, whether such properties are publicly or privately owned:(D) Implcmcnt and maintain at all timcs a comprehensive hurricane and flood plan for the Properry and the Work, and provide a copy of same to the City, if requested;(E) Providc construction fcncing.(F) As Builts. Within one hundred twenty ( 120) days after the date a CO is issued for Improvements constructed by Contractor during the term ofthis Agreement. the Contractor shall at its expense, provide the City with a complete set of"as built" plans and specifications, including mylar reproducible "record" drawings, and. if available, one set of machine readable disks (or comparable) containing clectronic data in an AUTOCAD format that meets the City's graphic standards ofthe "as-constructed" or "record" plans for such Improvements. The "as built" plans submitted by Contractor must show the square footage of each Improvement depictcd in such plans. (G) Use diligent effort to complete the Work in a commercially reasonable time under the circumstances and in accordance with this Agreement. At all timcs makc diligent effofi to have proper supervision ofthe general contractor or other employees or agents ofthe Contractor upon the Property site. Employees Of The Contractor Contractors shall only designate employees who are sufficiently skilled to provide the required services specified in the ITB. Any person employed to provide thc scn,iccs who fails. rcfuscs or neglects to obey the instructions ofthe City's representative in anything relating to these services, or vvho appears to be disorderly, insubordinate. or incompetent shall upon the order of City's rcprcscntativc. bc immediatcly relieved by the Contractor from the Project Work. Any interf'erence u,ith. or any abusive or thrcatcning conduct toward any City representative, its assistants or inspectors by the Contractor, its employees or agents, or any member ofthe public shall be grounds for the City 10 to terminate the agreement and re-let the work. The Contraclor shall fumish all labor. materials, supplics and equipment nccessary to properly maintain all Project Work areas in an acceptable and safe condition. Contractor agrees that it and its officers shall be held fully responsiblc. cxccpt as otherwisc prohibited by law, for all acts of their employces while in their employ. (H) Contractor Progress Reports. At the request of City. Contractor will deliver written reports of the progress of construction to the City Manager or his or her designee.(l) City's Representative. The City may designate one or more employees or agents to be the City's Representative for the Project so that he or she may, subject to site conditions and during normal business hours. visit and the Property. (J) Certiticatcs of Final Completion. After Contractor completes thc Work, thc Citywill deliver to Contractor. a recordable Certificate of Final Completion ceniffing that, to the best of the Cify's knowlcdge. Conractor has satisfied all its obligations to the City for thc construction of the specified Improvements. 16.4 Site Conditions Contractor has the sole responsibility of satisfuing itself conccming the nature and location ofthe Work and the general and local conditions, and particularly. but without limitation, wrth rcspcct to the following: those affecting transportation, access, staging, parking. disposal. handling and storage of materials; availability, quantity and quality of labor, water and clcctric powcr: availability and condition of roads; climatic conditions, location of undcrground utilities as depicted on Agreement documents. and through verification with local utihry companies and thc City. physical conditions of cxisting construction, topography and ground surface conditions: subsurface geology, and nature and quantity of surface and subsurface matcrials to bc encounlered, the naturc ofthe ground watcr conditions; equipment and facilities needed preliminary to and during performance of the Agreement: and all other matters which would be reasonably known to a licensed general contractor with expertise in streetscape and related infrastructure construction as in any way affecting performance ofthe Agreement, or the cost associated with such perfomrance. The failure of Contractor to acquaint rtself with any applicable condition will not rclicvc it from the responsibility fbr properly cstimating either the difficulties or the costs ofsuccessfully and timely performing the Agreement. 16.5 The City shall not be responsible for any conclusions or interpretations made by the Contractor based on the information made available by the City. The City shall not be responsible for any understanding reached or rcprcscntation made conccming conditions which can affect thc Work by any of Contractor's officers. employees, agents, subcontractors, material men, or suppliers bcforc cxccution of this Agreement, unless that undcrstanding or rcprcscntation is expressly stated in this Agreement. I 6.6 The provisions of this Scction I 6 shall be deemed a complete waiver by thc Contractor of claims for equrtable adjustment in Agreement Time or Price. or both. unless due to ( l) subsurface or conccalcd conditions which dil.f'cr materially fiom thosc indicated on thc Agreement Documents, or (2) unknown physical conditions ofan unusual nature which differ materially from those ordinarily found to cxist and gcncrally recognizcd as inhercnt in construction of the character provided in the Agreement Documents; provided however, that claims under this Section 16 shall be denicd in thc cvcnt that the conditions wcre reasonably inf'crable liom activities, testing and investigations performed in connection rvith the Pre-Con Agreement, and which would otherwise provide to Contractor an expectation that the conditions could be similar elseu.here in the Project. ll t2 16.7 Warrantv. Unless otherwise provided elsewhere in the Agreement. all materials and equipment incorporated into any Work covered by the Ageemcnt shall bc new and, whcrc not specified, of the highest grade and quality for their intended use, and all workmanship shall be in accordance with construction practices acceptablc to Crty. Unless othcrwise provided in thc Agreement. Contractor $ arrants all equipment. materials. and labor furnished or performed under this Agreement, against def-ects in design, materials and workmanship, for a period of twelve 112) months (unless longer guarantees or warranties are provided for elsewhere in the Agreement in which case the longer periods of time shall prevail) from and after Substantial Completion ofthe Work under the Agreement. regardless of whether the same were fumished or performed by Contractor or by any of its subcontractors of any tier. Even in the event that the City assumes partial utilization of portions of the Work prior Io completion of all Work. the Warranties for that portion shall also extend for twclve ( l2) months fiom Substantial Completion of thc entirc Work, so that all u,arranties are running concurrently upon Substantial Completion ofthe total Project. 16.8 Upon receipt ofwritten notice from City ofany defect in any such equipment, materials, or labor during the applicable wananty period due to defective design, materials or workmanship. the affectcd itcm or parts thercofshall be redcsigned, rcpaired or replaccd by Contractor at a tinrc and in a manner acceptable to Crty in compliance with the Agreement Documents, at its expense. 16.9 Contractor warrants such redesigned, repaired or replaced Work against defective design, materials and workmanship for a period of trvelve (12) months from and after the date of acceptancc thcrcof. Should Contractor fail to promptly make the ncccssary redesign, rcpair. replacement and tests, after written notice from City specifying the defects, City may perform or cause to bc pcrformed the samc, at Contractor's solc cost and expensc. 16.10 Contractor shall perform such tests as City may require verifying that such redesign, repairs and replacements comply with the requirements of this Agreement. All costs incidental to such redesrgn. repair. replacement, and testing, including the removal. replacement. and reinstallation ofequipment and materials necessary to gain access, shall be bome exclusrvely by Contractor. However, if such testing determines that the Work is not defective, than City shall compensate Contractor for such costs of testing and any effects on previously completed work. l6.l I Contractor and its Surety shall be liable for the satisfaction and full performance ofthe warranties as sel forth herein. and any damage to olher parts ofthe Work caused by the Contractor's failure to peribrm pursuant to this section 16. 16.12 The Contractor shall commence Work to remedy or replace the defective. deficient Work within five (5) calendar days after receiving written (including transmittals by email) notice from the City, subject to allowance for longJead items. If the Contractor fails to remedy or renrove or replace that Work or material which has been found to be defective- or reasonably commence corrective aclion- then the City may remedy or replace the defective or deficient Work at the Contractor's expense; provided. however, all repairs to natural gas, telephone, radio. computer security, u,ater. electric, air conditioning services and all emergency services shall be commenced within twelve (12) hours ofnotitication, or by 7:00 a.m. whichever is earlier, and Contractor shall complete the repairs in an expeditious manner befitting the nature of the deficiency. The Contractor shall immediately pay the expenses incurred by the City for remedying the defects. If the City is not paid within ten (10) calendar days. the City may pursue any and all legal remedies it may have against the Contractor and its Surety. I 6. I 3 The Contractor is required to provide a designated tclcphone numbcr for warranty rclated emergencies which occur outside the normal workday. The Contractor is solely responsible for cnsuring that all warranty Work is completed in the manncr dcscribed abovc. If thc City agrccs, in uriting. a subcontractor may be the point of contact for notices regarding warranty items, but such agreement shall not absolve the Contractor of its responsibiliry. 16.14 Ineress/Egress. Contractor's access to the Work area will be permitted only through approaches that rvill be designated by City. and then only in such manner that Contractor's traffic will not interfere with City's operations and Merchants/Tenants adjacent to the activity area(s). Contractor shall. at all times, maintain reasonably free unimpeded ingress and egress at the site. Contractor personnel are not to enter into any areas ofthejobsite other than Work areas and areas ofdesignated access. Contractor shall saf'ely maintain, at all times during the performance ofthe Work, both vehicular and pedestrian traffic in, around, and adjacent to the Project. 16.15 Preconstruction Conference. As soon as practicable after execution of this Agreement. and prior to commencing any Work, a pre-construction conference will be coordinated by the Contractor and the City. In attendance at said conference will be City, Architect, and any oftheir representatives as may be deemed advisable. The purpose of said conference is to determine procedures related to the smooth progress of the Project, review of any items requiring clarification. maintenance of traffic. merchant and pedestrian accessibility, related safety issues, and procedures fbr the processing and distribution of all documents and correspondence related to the Agreement. among other things. 16.16 Meetinss. The Contractor shall, at its expense. as requested by City, attend any and all meetings called by City to discuss the Work under the Agreement. Such meetings shall be conducted and recorded by the City with typed minutes of each meeting distributed to all attendees. 16.17 Deliverv, Unloadinq And Storage Contractor shall, at its expense. receive. unload, store in a secure place. and deliter from storage to the construction site all materials, plant and equipment required for the performance of the Agreemenl. The storage facilitres. methods of storing and security provisions shall meet City's approval and manufacturer's recommendations. Materials and equipment subject to degradation by outside exposure shall be stored in a weather tight enclosure. 16.1 8 Work Arca. All Contractor's Work areas on thc jobsite will bc assigncd by Ciry. Contractor shall confine its office. shops. storage. assembly and equipment and vehicle parking to the arcas so assigncd. Before commcncing Work, the Contractor shall providc a tcmporary officc on the site of the Work, r.r'hich shall have a telephone where a representative of lhe Contractor may be reachcd at all times during normal rvorking hours. Should Contractor find it ncccssary or advanlageous to use any additional land outside the Project site for any purpose u,hater.er, Contractor shall, provide and makc its orvn arrangements for thc use ofsuch additional land. 16.19 Plant. Equipment And Facilities. Contractor shall provide and use on any Work only such construction plant and equipment as are capable of producing the quality and quantity of work and materials required by the Agreement and within the time or times specitied in the Agrcement. Beforc proceeding with any Agreement Work or rvith erection of any facilitics- including. but not limited to. temporary structures, machinery. equipment. otfices and 13 warehouses, Contractor shall fumish City such information and drawings relative to such cquipmcnt. plant lacrlities as City may request. 16.20 Upon written order ofCity. Contractor shall discontinue operation ofunsatisfactory plant and equipmcnt or facilities and shall either modify or remove the unsatisfactory items fiom the site. 16.21 Contractor shall not remove construction plant or equipment from the site betbre the Work is finally accepted without City's written approval. Such approval shall not be unreasonably withheld. 1 6.22 Contractor-Fumished Materials, Equipruen! Ald \Uorkrnanshlp. Only neu'. unused items ofrecent manufacture. ofdesignated quality, but in no event less than the standard quality for the improvements. free from defects, will be accepted. Rejected items shall be removed immediately from the Work and replaced with items of specified quality. Failure by City to order removal of rejected materials and equipment shall not relieve Contractor from responsibility for quality of the matcrials supplied nor fiom any other obligation under the Agrccmcnt Documcnts. 16.23 Contractor shall continuously check architectural and structural clearances for accessibility ofequipment and mechanical and electrical systems. No allowance ofany kind will be made for Contractor's negligence to foresee means ofinstalling equipment rnto position inside structurcs. 16.24 No Work defectivc in construction or quality, or deficicnt in mccting any requiremcnt of the Agreement Drawings and Specifications. will be acceptable regardless of City's failure to discover or to point out defects or deficiencies during construction; nor will the presence of tield representatives at the Work or the satisfaction of the Work meeting applicable code requirements relieve Conlractor from responsibility for the quality and securing progress of Work as required by the Agreement Documents. The City shall notify the Contractor of defbctive or unacceptable Work if the City discovers such. Defective Work revealed within the time required by warranties (whether expressed or implied) shall be remedied in accordance with Section 15, entitled, "Warranly." No payment, u,hether pzrtial or final. shall be construed as an acceptance of defective Work or improper materials. 16.25 Contractor shall u,aivc "common practicc" and "common usagc" as construction critcria wherever details and specifications or goveming codes and ordinances require greater quantity or better quality than common practices and common usage lvould require. Contractor shall order and schcdulc delivery of matcrials in reasonable timc to avoid delays in construction. Dclays in delivery ofequipment or material purchased by the Contractor or its Trade Contractors shall not be considcrcd as a cause for an adjustment of thc Agrcement Timc or a basis for damagcs or compensation. The Contractor shall be fully responsible for the timely ordering. scheduling, expediting. dclivery, and installatron of all equipmcnt and matcrials. If an itcm is found to bc unavailable, Contractor shall notify City immediately of recommended substitute(s) to permit City's sclcction ofa suitablc substitutc. 16.26 City rvill exercise sole authority for determining conformance of rT'orkmanship. materials, cquipment and systcms with the requircmcnts of the Agrecnicnt. Revicu'and approl'al t1 of all items proposed by Contractor fbr incorporation into rhe Work will be by City. This function by City u,ill apply both to approvals for thc Agreement as initially signcd. and to approvals for changes to Agreement by modilications during progress of the Work. Reference to manufacturers' names, brands and models is to establish thc type and quality desired. Substitutions may be permitted unless specifically noted otherwise in this Agreement. 16.27 When materials, equipment, or systems are specified by perfbrmance only. without rcference to specific manufacturcr's brands or models, Contractor shall submit its own choice lor City's review and approval. supported by sufficient evidence of conformity with the Agrccment Documents. Substitutions- Priorto proposing any substitute item, Contractor shall satisry inelf that the item proposed is, in fact. equal or better to that specified. that such item vr,ill fit into the space allocatcd. that such itcrn affords comparable casc of opcration- maintcnance and senice. that the appearance. longevity and suitability for the climate are comparable, and that by rcason ofcost savings, reduccd construction timc- or similar demonstrable benefit, the substitution ofsuch item will be in City's interest, and will in no way impact detrimcntally upon thc Project completion datc and schcdulc. The burden ofproof of equality ofa proposed substitution for a specified item shall be upon Contractor prior to City's dccision on such substitution. Contractor shall support its request with sufficient tesl data and other means to permit City to make a fair and cquitable decision on thc merits of thc proposal. Contractor shall submit dralr,ings. samples. data. certificates, and additional information as may be required by the City for proposed substitutc itcms. I 6.21i Any item by a manufacturer other than lhose specified or ofbrand name or model number or of generic species other than those specified will be consrdered a substitution. City will be the solejudge ofwhether or not the substitution is equal in quality, utility and economy to rhat specified. Contractor shall allow an additional seven (7) calendar days for City's review of substitution. All requests fbr substitutions with submittal data must be made at least fourteen ( l4) calendar days prior to the time Contractor must order, purchase, or release for manufacture or fabrication. Materials and methods proposed as substitutions for specitied items shall be supported by certification of their approval for use by all governmental agencies having jurisdiction overuse ofspecific material or method. Substinrtions may not be permitted in those inslances where the products are designed to match artistic design, specific function or economy of maintenance. 16.30 Expeditins The equipment and material furnished under this Agreement may be subject to expediting by City. at City's expense. City shall be allowed reasonable access to the shops, factories, and other places of business ofthe Contractor and its subcontractors and suppliers, for expediting purposes. As required by City, Contractor shall supply schedules and progress reports for City's use in expediting and Clontractor shall cooperate with City and require its subcontractors and suppliers to cooperate with City in such expediting. Any cxpedrting performcd by City shall not rclieve Contractor of its solc and primary l5 responsibility for timeliness of delivery of the equipment and material to be f'umished undcr this Agreement. 16.31 Field Layout Of Work All Work under this Agreement shall be constructed in accordance with thc lincs and grades shown on thc Agrccmcnt Drawings or as approved by thc City in writing. Elelation of existing ground. structures and appurtenances are believed to be reasonably correct but are not guaranteed to be absolute and therefore are presented only as an approximation. All survey work for construction control purposes shall be made by a land suneyor registered in the State ofFlorida. with demonstrated experience in the Project area. and who shall be employed by the Contractor at Contractor's expense. The Contractor shall establish all base lines for the location ofthe principal component parts ofthe Work together with permanent benchmarks and temporary benchmarks adjacent to the Work. Based upon the information provided by the Agreement Drawings, thc Contractor's surveyor shall develop and makc all detail survcys ncccssary for construction including establishment or construction of grid coordinates as shown on the Agreement Drawings. location of property boundarics. stakcs for all working points. lincs and elevations. City shall prolide surveys necessary for utility easements. Thc Contractor shall havc the responsibility to carefully prcscrve all benchmarks. rcfcrcnce points and stakes. In case ofdestruction thereofby the Contractor resulting from his negligence, or fbr any othcr rcason. it shall be hcld liablc for any expensc and damage rcsulting thcrcfrom and shall be responsible for any mistakes that may be caused by the unnecessary loss or disturbancc of such benchmarks, refcrcncc points and stakcs. Existing or ncw control points, property markers. and monuments that u,ill be established or are destroyed during the normal coursc of construction shall be reestablishcd by the Contractor, and all rcfcrencc tics rccordcd therefor shall be fumished to the City. All computations necessary to establish the exact position ofthe Work shall bc made and preservcd by the Contractor. l6.32Contractor Furnished Drau,ings. Data And SamDles. Review and permission to proceed by City as stated in this Agrecnrcnt does not constitutc acceptance or approval of design details. calculations. analyses. lesl methods. certificates or materials developed or selected by the Contractor and does not rclieve Contractor from full compliance with contracfual obligations. Drawings. samples, catalogues, data and certificates required shall be submittcd to thc City forreview. All correspondence from the Contractor to thc City shall be numbered sequentially and the submittal number shall be referenced. Submittal drawings (shop. crection or sctling diagrams) and schedulcs, required for work of various trades, shall be checked befbre submission by technically qualified employees of Contractor for accuracy, completeness and compliance with Agreement requirements. Thesc drawings and schcdulcs shallbc stamped and signed by Contractor ccrtifoing to such check. The certif,ication stamp shall read as follows: SIGN I6 DATE "l certify that I have checked this submittal lor accuracy, completeness and compliance with Agreement rcquircmcnts, and it has bccn coordinatcd with all othcr submittals and Agreement Documents." 16.33 Drawinqs. Where drawings are required for (a) f'abrication of Contractor fuinishcd equipment; (b) installing Confactor fumished material or equipment; or (c) planning and pcrformancc of thc Work under Agrecment: such drawings shall be originally generatcd and submitted by and at the expense ofthe Contractor before fabrication, installation or performance is commenced. Each submittal shall be made not less than fourteen ( l4) calendar days prior to the time that the drawings are required in accordance with the schedule. Allow at least seven (7) calendar days for review by the Engineer, Such drawings shall include, but not be limited to, matchmarks, erection diagrams and other details. such as field connections for proper installation, erection of the equipment" and perlbrmance of the Work. 16.34 Sam les Samples are physrcal examples that illustrate materials. equipment or workmanship and establish standards by which the Work will be judged. Samples of all items of related systems (i.e., adjacent surfaces requiring similar colors but manufactured of diff-erent marerials) must be submitted in the same time frame before the approval process can begin. Where samples are required, they shall be submitted by and at the expense ofthe Contractor. Such submittal shall be made not less than thirty five (35) calendar days prior to the time that the materials represented by such samples need to be ordered fbr incorporation into any Work in accordance with the schedule. Allou,at least seven (7) calendar days for City's revierv. Materials represented by such samples shall not be manufactured, delivcrcd to thc sitc or incorporatcd into any Work without such review. Each sample shall bear a label showrng the Contractor's name, date submitted, Project name, name of the item. manufacturer's namc, brand namc, modcl number, supplier's name, and reference to the appropnate drarving, Technical Specification section and paragraph number, all as applicable. Samples that have been reviewed may. at Architect's and City's option, be retumed to the Contractor for incorporation into the Work. 16.35 Cataloeues. Data and Certificates. Where catalogues. data or certificates are required, one (1) digital copy and one (l) copy of each shall be submitted by and at the expense of the Contractor. Such submittal shall be made not less than fourteen (14) calendar days prior to thc time that the materials represented by such catalogues. data or certificates must be ordered for incorporation into any Work in accordance with the BAR CHART schedule. Allow at lcast 7 calendar days for Architect and City's revieu,. Material represented by such shall not be fabricated, dclivcrcd to thc site or incorporated into any Work without such review. Certificates shall clcarly identify the material being certified and shall include but not be limited to providing the following information: Contractor's name. Project name, name of the item, manufacturer's name. and reference to the appropnatc drawing, Tcchnical Specification section and paragraph number all as applicable. All catalogues, data and certificates submitted by the Contractor shall be certified and datcd by thc Contractor on the face ofeach catalogue- data and ccrtificatc to bc corrcct and shall be furnished in accordance *'ith these requirements and the requirements ofthe Technical Specifications. 16.36 Constmction Schedule. Within ten (10) calendar days after the date of the City's issuance of a Notice to Proceed, the Contractor shall prepare and submit to the City a BAR CHART construction schedule in graphically depicting the activities contemplated to occur as a necessary incident to performance ofthc Work required to complete the Projcct. showing the sequence in which the Contractor proposes for each such activity to occur and duration (dates of t7 commencement and completion, respectively) of each such activity. The City's initial approval for the purposes of this Section, and any other provisions in the Agreement Documents related to the Contractor's responsibility to prepare and submit schedules shall be limited to a determination that the activities, durations and logic are reasonable. The construction schedule shall be complete in all respects, covering, in addition to activities and interfaces with other Contractors at the site of the Work. of'fsite activities such as design, fabrication, an allowance for weather delays, submittals, procurement andjobsite delivery ofContractor fumished material and equipment. The schedule shall be a BAR CHART Critical Path type network drawn to a time scale using arow or precedence type diagramming. The construction schedule activities shall mirror the payment application breakdown. 16.36.1 The construction schedule shall include the following: (a) Brief description ofeach activity. (b) All submittals, samples, approvals, fabrication, and deliveries for equipment and materials. (c) Activities showing scheduled start and finish, late start and finish, and float. (d) Relatrons between activil ies. (e) Duration ofactivities. No activity should be scheduled for more than 19 workdays. (f) Contractual and other major milestones including phasing. (g) Schedule activities to include labor and material. (h) An allowance for delays due to weathcr. Agreement Time extensions for weather delays will be granted only when all of the conditions and criteria for evaluation of time extensions have been met pursuant to the General Conditions. (i) Upon acceptance of the original Schedule, the Early Start and Early Finish dates for all activities shall be fixed as Planned Start and Planned Finish dates. Any further revisions to the schedule must be submitted in writing and approved by the City. O The detailed BAR CHART schedule submittal shall include one (1) digital color copy and one (1) color copy ofthe following: (k) Time Scaled Network Diagram. (l) Bar Chart in the following formats: (m)Sorted by activity. (n) Sorted by total float. (o) Sorted by early start. (p) Precedence and Successor report. (q) Narrative report. (r) Computer diskette. (One copy) (s) Submittals shall be organized under Standard CSI format. (t) The detailed BAR CHART Schedule shall be updated monthly and submitted along with an updated CD accompanied by an Application for Payment. Conhactor shall meet with the City and Architect/Engineer of Record to review and verify: i. Actual start and finish dates for completed activities. ii. Remaining duration required to complete each activity started, scheduled 18 16.37 Following development and submittal of the construction schedule as afbresaid. the Contractor shall, at the end ofeach calendar monlh occurring thereafter during the perrod oftime required to finally complete the Project, or at such earlier intervals as circumstances may require. update andlor re'i,ise the construction schedule to show the actual progress of the Work pertbmred and the occurence ofall events which have affected the progress ofperformance of the Work already performed or will affect the progress of the performance of the Work yet to be perfbmred in contrast with the planned progress of performance of such Work. as depicted on the original construction schedule and all updates and/or revisions thereto as reflected in the updated and/or revised construction schedule last submitted prior to submittal of each such monthly update and revision. 16.-38 Thc Contractor shall prepare and incorporate into the schedule data basc, at thc rcquircd intervals, the following schedules: A. Subcontractor Construction (Sub-networks) - Upon the award of each subcontract. thc Contractor shall jointly with thc subcontractor, develop a schcdulc which is more detailed than the pre-bid schedule included in the Specifications. taking into accounl the Work schcdulc of the other subcontractors. Thc construction schedule shall include as many actrvities as necessary to make the schedule an effective tool for construction planning and for monitoring the performance of the subcontractor. The construction schedule shall also show pertinent activities for material purchase orders. manpower supply, shop drawing schedules and matcrial dclivcry schedules. B. Occupancy Schedule - The Clontractor shalljointly develop u,ith the Engineer and City a detailed plan, inclusi'r'e ofpunch lists, final inspections. maintenancc training and tum- over procedures. to be used for ensunng accomplishment ofa smooth and phased transition from construction to City occupancy. Thc Occupancy Schcdulc shall be produced and updated monthly from its inception through final City occupancy. 16.39 The Contractor shall submit a u,ritten narrative report as a part of his monthly review and update in a fbrm agreed upon by the Contractor and the City. The narrative report shall include a description of problem areas; current and anticipated delaying factors and their estimated impact on performance ofother activities and completion dates; and an explanation of correclive action taken or proposed. l9 to stan. but not completed.iii. Logic and timc. for changc orders that are to be incorporated into the diagram and computer produced schedules. iv. Percentage for complcted and panially completed activities. I 6.40 The Contractor shall har e in its employ for the length ofthis Project. at least one qualified scheduling specialist rvhosc rcsponsibility as to this Agrccment will bc to prcparc. plan and drafl the construction schedules. monitor the construction progress. analyze scheduling problems for rcsolution. update the Construction Schedule as rcquircd in thc Agrccmcnt, and maintain updated information as required regarding the interface r.r,ith other contracts. The costs associated herewith, and all scheduling activities, are included in the Lump Sum. 16.41 The Contractor agrees that rvhenever it becomes apparent from the current progress review meeting or the compuler produced calendar dated schedule that the Agreement completion date will not be met. the Contractor shall execute some or all of tbe following remedial actions at Contractor's sole cost and expense: A. Increase construction manpower in such quantities and crafts as necessary to climinate the backlog of Work. B. Increasc thc numbcr of *orking hours per shift. shifts pcr working day, rvorking days per week, the amount of construction equipment, or any combination of the foregoing to climinatc thc backlog of Work. C. Reschedule the Work in conformance with the specification requirenrents 16.41 Prior to proceeding with any ofthe above actions, the Contractor shall notily the City of the proposed schedule changes. Such actions shall be incorporated by the Contractor into the diagram before the next update, at no additional cost. 16.43 Rcsponsibility For Work Sccurity Contractor shall, at ils cxpcnsc. at all times conduct all operations under the Agreement in a manner to avoid the risk of loss. theii or damage by vandalism, sabotage or other mcans to any property. Contractor shall pronrptly take all reasonablc precautions which are necessary and adequate against any conditions which involve a risk ofloss, theft or damage to its property, at a minimum. Contractor shall continuously inspect all its Work, materials. equipment and facilitres to discover and determine any such conditions and shall be solely responsible for discovery, determination and correction ofany such condition. Contractor shall prepare and maintain accurate reports ofincidents ofloss, theli or vandalism and shall fumish these reports Io City v"'ithin three days ofeach incident. I 6.44 Protection Of Work In Pro ss Materials And Eoulnntent Contractor shall be responsible for and shall bear any and all risk ofloss or damage to Work in progress, all matenals delivered to the site, and all materials and equipment involved in the Work until completion and final acceptance of Work under this Agreement. Excluded from Contractor's responsibility is any loss or damage which results from acts or omissions of the City or its representatives or other contractors. Permanent openings or thoroughfares for the introduction of work and materialsto thc structurc and construction sitc shall be protcctcd so that upon complction, thc entire Work tvill be delivered to the City in proper. u,hole and unblemished condition. 20 16.45 Protection Of Existing Propertv Contractor shall so conduct its operatlons as not to damagc, close, or obstruct any utility installation. highway, road or other propcrty until permits therefore have been obtained. lf facilities are closed, obstructed, damaged or rendered unsafe by Contractor's opcrations, Contractor shall, at its expcnse, make such repairs and providc tcmporary guards, lights and other signals as necessary or required for safety and the welfare of persons on the jobsite and the general public. 16.47 Labor. Contractor shall employ only competent and skilled personnel to perform the Work. Contractor shall, ifrequested to do so by City, remove from the jobsite any personnel of Contractor whom City determines unfit or acting or working in violation of any provision of this Agreement. Work assignments and the settlemenl of jurisdictional disputes shall conform with either the Rules. Regulations and Procedures of the Plan for Settlement of Jurisdictional Disputes in the Clonstruction Industry, and any successor agreement thereto, or any other mutually established method of determining work assignments and settling jurisdictional disputes. Contractor shall comply with and shall cooperate with City in enforcing jobsite conditions and job work rules which directly affect the performance of the Work including. but not limited to, starting and quitting time. smoking regulations, check-in and check- out procedures, job site safety regulations and security regulations, emergency plans and procedures. and daily clean-up. 2t 16.46 Contractor shall conduct its operation so as not to damage any existing buildings or structures. The Contractor shall verifu that means and methods of construction used inside, adjacent to. under or over existing buildings will not cause damage. The Contractor shall provide protection methods u,hich ensure the safety of persons on the jobsite and the general public. Unless otherwise specifically provided in the Agreement, Contractor shall not do any Work that would disrupt or otherwise interfere with the operation ofany pipeline, telephone. electric. radio. gas, transmission line, ditch or other structure, nor enter upon lands in their natural state until approved by City. Thereafter, and before it begins such Work, Contractor shall give due notice to City of its intcntion to start such Work. Contractor shall not bc entitled to any cxtension of tinle or any extra compensationon account ofany postponement! interlerence. or delay cause by any such line, ditch or structure on or adjacent to thc site ofthc Work. IfContractor has exerciscd due diligence. such as. but not limited to, conducting soft digs. securing utility locates, as u,ell as othcr activitics both during its Prc-Con performancc ard thercaflcr, Contractor shall not be held responsible for any damages caused to any lines, cables, pipes, or pipelines which are nol dcpicted on thc survcys, studies, rcports. investigations and lcgal dcscriptions ofthc sitc supplicd to the Contractor. Contractor shall prcserve and protcct all cultilatcd and plantcd areas and vegctation such as trees, plants, shrubs and grass on or adjacent to the Project, which, as determined by City, do not reasonably interfere lr,ith the performance of this Agreement. Contractor shall be responsible fbr damage to any such areas and vegetation and for unauthorized cutting oftrees and vegetation. including, without limitation, damage arising from the performance of its u,ork through operation of equipment or stockpiling of materials. All cost in connection with any repairs or restoration necessary or required by reason ofany such damage or unauthorized cutting shall he bome by Contractor. Thc Contractor and subcontractors shall be bound by and comply rvith all Fcdcral. Statc and local laws with regard to minimum wages, overtime work. hiring, and discrimination. All u'ork neccssary to be pcrfbrmed aftcr rcgular working hours, on Saturdays, Icgal and City holidays, shall be performed rvithout additional expense to the City. The Contractor shall comply with the Copeland Anti-Kick Back Act ( l9 U.S.C. 874) as supplemented in the Department of Labor Regulations (29 CFR Part 3). This act provides that each Contractor or subcontractor shall be prohibited from inducing by any means. any person employed in the construction. completion or repair ofpublic work, to give up any part ofthe compensation to which he is otherwise entitled. 16.48 Equal Employment Opportunity During lhe performance of this Agreement, thc Contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because ofrace, color, religion, sex, sexual orientation, or national origin. The Contractor will take affirmative action to ensure that applicants and employees are treated during employment without regard to their race. color, religion. sex, sexual orientation. or national origin. Such action shall include, but not be limited to the follorving: Employment, upgrading. demotion, or transfer: recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City sening forth provisions of this nondiscrimination clause. (b) The Contractor will, in all solicitations or advertisements for employees placed for, by, or on behalfofthe Confactor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex. sexual orientation, or national origin. (c) The Contractor will send to each labor union or representatives ofworkers with which it has a collective bargaining agreement or other contract or understanding. a notice to be provided by the City, advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order I1246 ofSeptember 24, 1965. and shall post copies ofthe notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Executivc Order I 1246 of Scptembcr 24. 1,965, and ofthe rules, regulations, and relevant orders ofthe Secretary ofl-abor. (c) The Contractor will fumish all information and reports rcquircd by Executivc Ordcr I 1246 of September 24. 1965, and by the rules, regulations. and orders of the Secretary of Labor. or pursuant thcrcto, and rvill permit access to his books. records, and accounts by the City and the Secretary ofLabor for purposes ofinvestigation to ascertain compliance with such mlcs, regulations, and ordcrs- ( 0 In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreemcnt or u'ith any of such rules, regulations. or orders, this Agrccment may hc cancelled. terminated or suspended in whole or in part and the Contractor may be declared ineligible for further contracts in accordance with procedures authorized in Executive Order 112z16 of September 24, 1965. and such other sanctions may be imposed and 22 remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rulc, regulation. or order ofthc Sccretary ofLabor, or as otherwisc prot ided by law. (g) The Contractor will include the provisions ofparagraphs A through F in every subcontract or purchase unless exempted by rulcs, regulations, or orders ofthc Secrctary of Labor issued pursuant to Section 204 of Executive Order I 1246 of September 24, 1965. so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontractor or purchase order as may be directed to the Secretary of Labor as a means of enforcing such provisions including sanctions ibr noncompliance: Provided, however, that in the event the Contractor becomes inr.olved in, or is threatened with, litigation with a subcontractor or vendor as a result ofsuch direction, the Contractor may request the United Stales to enter into such litigation to protect the interesl ofthe United States. (h) All regulations. guidelines. and standards lawfully adopted under the goveming statutes. 16.49 Safetv & Protection OfPersons & Prop erty 1 6.49. I Responsibility For Safetv And Health. The Contractor shall be responsible for initiating, marntaining and supen'ising all safety precautions and programs in connection with the Work to be pertbrmed under the terms of the Agreement ("Work"). The Contractor shall take all precautions and follow all procedures for the safety of. and shall provide all protection to prevent injury to. all persons involved in any way in the Work and all other persons, including, without limitation, the employees, agents, guests, visitors. invitees and licensees ofthe City and Users who may be affected thereby. The Contractor shall set tbrth in writing its safety precautions and programs in conncction with thc Work and submit thc same to thc City. The City may. but shall not be obligated to. make suggestions and recommendations to the Contractor with respect thereto. 16.49.2 All Work. whether performcd by the Contractor, its Sub- Contractors or Sub- subcontractors, or anyone directly or indirectly employed by any of them, and all equipment, appliancc, machincry. matcrials, tools and like itcms incorporated or uscd in the Work, shall bc rn compliance with- and conform to: (a) all applicable laws, ordinances, rules, regulations and orders ofany public, quasi- public or other authority relating to the safety of persons and their protection against injury, specifically including, but in no event limited to. the Federal Occupational Safety and Health Act of 1970, as amended and all State. Local. City and County rules and regulations nou, or hereafter in effect; and (b) all codes, rules, regulations and requirements of the City and its insurance carriers relating thereto. ln the event ofconflicttng requirements. the more stringent shall govern. 23 16.49.1 Should the Contractor fail to provide a safe area for the performance of the Work or any portion thereof. thc City shall have the right, but not the obligation, to suspcnd Work in thc unsaf'e area. All costs of any nature resulting from the suspension, by whomsoever incurred. shall bc bome by thc Contractor. 16.,19.4 The Contractor shall provide. or cause to be provided. to each worker on the Job Site the propcr safety cquipmcnt for the dutics being performed by that worker and will not permit any worker on the Job Site u,ho fails or refuses to use the same. The City shall have the right. but not thc obligation. to order the Contractor to scnd a worker homc for the day or to dischargc a worker fbr his or her failure to comply with saf'e practices, with which order the Contractor shall promptly comply. 16.49.5 The Conlraclor shall defend, indemnify and hold the City. the City's Representative and thcir rcspective officcrs, dircctors, agcnts, employccs and assigns, harmless from and against any and all liability. public or private. penalties, contractual or otherwise, losses, damages. costs. reasonable attomcys'fees. expcnscs, causcs ofaction, claims orjudgmcnts to thc cxtcnt resulting from any failure of the Contractor. its subcontractors or sub-subcontractors or anyone directly or indirectly employed by any ofthcm or for whose acts any ofthcm may bc liablc, to comply with the provisions of this General Condition 16.49.6 In any and all claims against those indcmnified hcrcundcr by any employee of thc Contractor. any subcontractor or sub-subcontractor. anyone directly or indirectly employed by any ofthem or anyonc for rvhosc acts any ofthem may be liablc, the indcmnification obligation under this Paragraph shall not be limited in any way to any limitls) on the amount or type of damagc. compensation or bcnefits payable by or for the Contractor or any subcontractor or sub- subcontractor under any workers' compensation acts. disability benefit acts or other employee bcncfit acts. 16.50 Protection Of Work And Propcfi: ResDonsibiliw For Loss. The Contractor shall. throughout the perfbrmance of the Agreement, maintain adequate and continuous protection of all completed Work and temporary facilities against loss or damage from whatcvcr cause, shall protect the properry ofthe City and third parties fionr loss or damage from whatever cause arising out of the perfomrancc ofthe Agrecment and shall comply vvith the requircmcnts ofthe City and its insurance carriers and vvith all applcable laws. codes, ruies and regulations u'ith respect to the prevention of loss or damage to the property. The City, their representatir es or insurance carriers may, but shall not bc rcquired to. make periodic patrols of thc Job Sitc as a part of its normal sal'ety- loss control and security programs. In such event, horvever, the Contractor shall not be relicvcd of its aforcsaid responsibilities and the City shall not assumc, nor shall it be decmed tcr have assumed. any responsibility otherwise imposed upon the Contractor by this Agreement. Until final acceptancc ofthe Work hy the City the Contractor shall have full and completc chargc and oare of and, except as otherwise provided in this subparagraph or elsewhere in this Agrccment, shall bcar all risk ofloss of, and injury or damage Io, thc Work or any portion thcrcof from any cause u,ithin Contractor's reasonable control, except to the exlent caused by City, its reprcscntati\ es. or contractors. or caused by natural disaster, criminal activity. flood. fire, or that is covered by any property or builder's risk insurance carried by the City. 21 16.51 Surface And Subsurface Water. Surface or subsurface u,ater or other fluid shall not be pcrmittcd to accumulate in excavations or under or in the structurcs. Should such conditions develop or be encountered. the waler or other fluid shall be controlled and suitably disposed of by mcans of temporary punrps. piping. drainage lines and ditchcs. dams or othcr methods approved by the City in writing. The proposed location and coordination oftemporary channels and conduits conducting accumulated water fiom the Job Site shall be permitted by the proper regulatory agency and submitted to the City for its prior written approval. All such Work shall be doneat the sole expense ofthe Contractor. 16.52 Emergencies. In any emergency affecting the safety ofpersons or property, or in the event ofa claimed violation ofany fcdcral or statc safcty or health law or regulation. arising out ofor in any way connected with the Work or its performance, the Contractor shall act immediately to prcvcnt threatened damage. injury or loss to remedy said violation. whichcver is applicable. Failure by Contractor to take necessary emergency action shall entitle the City to take u.hatever action it dccms reasonably neccssary, including, but not limited to, suspcnding the Work. The Crty may offset any and all costs or expenses ofwhatever nature, including reasonable attomeys' fccs, paid or incuned by thc City in taking such emergency action against any sums thcn or thereafter due to the Contractor. The Contractor shall defend, indemnify and hold the City harmlcss against any and all costs or cxpenses pursuant to this Section, by whomsoever incurred. 16.53 City's Standards. The City reserves the right, but assumes no duty, to establish and enforce standards, and to changc the samc from timc to time, for the protcction ofpersons and property, with which the Contractor shall comply, and to review the efficacy of all protective measures takcn by the Conlractor. Thc cxcrcise ofor failurc to exercise any or all ofthese rights by the City shall not relieve the Contractor of its duties and responsibilities under this Agreement. and the City shall not thereby assumc. nor bc dccmcd to have assumed. any such dutics or rcsponsibilities oi the Contractor. 16.54 Project Site Protection Contractor. at its expense, shall maintatn such protection as providcd in the subsection 16.49. cntitlcd "Safety & Protcction Of Pcrsons & Property" in a satisfactory condition until removal is authorized by City. Contractor, at its expense, shall make all neccssary rcpairs to property damaged by construction operations. Rcpairs shall bc made in a manner satisfactory to City. The Contractor will provide parking for its employees within the dcsignatcd work areas. Contractor cmployees will not be allowed to park in areas which are used by any facilities which remain in operalion. 16.55 Fire Prevention Contractor shall, at its expense, conform to all Federal, State, and local laws and regulations penaining to buming. fire prevention and control within or adjacent to the Project. Necessary precautions to avoid and eliminate fire hazards shall be the responsibilirl* of the Contractor. This includes keeping the Agreement Work area clear of all trash at all times. All tarpaulins used for any purpose during construction of any Work shall be made of material rcsistant to fire, water and wcathcr and shall bear UL labcls, Lighting ofany fires on prcmises is strictly forbidden- Controlled buming shall be with the consent of the Ciry. Contractor shall provide portablc fire extinguishcrs propcrly labeled, locatcd and compatiblc wirh the hazard of each work area and shall instruct its personnel in their use. Wherever welding and burning are conducted, inflammable materials shall be protected and a fire watch shall be provided by Contractor to be present during the buming and welding operation to ensure that protective 25 measures are taken and that no fires result from such operation. The fire watch shall have frre extinguisbcr cquipmcnt rcadily available and know-how for proper use. 16.56 lllumination. When any work is perfbrmed at night or where daylight is shut off or obscured, Contractor shall, at its expense, provide anificial light sufficient to permit work to be carried on efficiently. satisfactorily and saf'ely, and to permit thorough inspection. During such time periods the access to the place of'*,ork shall also be clearly illuminated. All wiring for electric light and power shall be installed and maintained in a first-class manner, securely fastened in place at all points, and shall be kept as far as possible from telephone wires, signal wires. and'*'ires used for hring blasts. I 6.5 7 Dust Control The Contractor. for the duration of the Agreement, shall. at its expense. maintain all excavations embankments, haul roads, access roads, plant sites, waste disposal areas, borrow areas, and all other work areas free from dust. Industry-accepted methods ofdust control suitable fbr the area involved and approved by City will be permitted. l6.58Water Pollution. Contractor shall, at its expense, provide suitable facrlities to prevenlthe introduction ofany substance or matcrials into any stream, rivcr, lakc or other body of water which may pollute the water or constitute substances or materials deleterious to fish and wildlife. l6.59Air Pollution. Thc Contractor shall, at its cxpcnse. so perform its work as not to dischargc into the atmosphcrc from any sourcc whatcvcr smoke, dust, or othcr air contaminants in violation of the laws. rules and regulations of all Federal, State and local air and rvater pollution rcquircmcnts including, but not limited to: Registcring u,ith thc Dania Beach County Health Deparlment. Air Pollution Board. any equrpment requiring operating permils by said Board: Adhering to all Brorvard County Air Pollution Board Regulations. l6.60Explosives & Hazardous Materials. Contractor shall obtain all required Federal, State and local permits and licenses and shall be responsrble for the safe and proper handling. labeling, transporting. storage and use of any explosive or hazardous materials brought onto or encountered wrthin the srte, and at its expense, make good any damage caused by its handling, transporting, storage and use. The Contractor will notifu the City immediately if explosive or hazardous materials are encounlered on the site. Transporting explosive or hazardous materials onto the site will require prior written approval from the City. The Contractor shall maintain and post as necessary Material Hazard Data Sheets for all applicable Hazardous Materials used in the course ofhis work. In the event that hazardous matenal is improperly handled or stored by the Contractor- its subcontraclors. any sub-subcontractors, or any employee or agent of any of the aforementioned which results in contamination of the site, Contractor shall immediately notify the City and the appropriate govemmental authority and shall take whatever action is necessary or desirable to remediate the contamination at the Contractor's sole cost and expense. Furlher. Contractor shall indemnifo and hold harmless from any and all cost. expense. action, or liability whatsoever resulting from such contamination and/or remedial actilities. If without negligence on the part of the Contractor or anyone for whom it is responsible. Contractor is held liable lbr the cost ofremediation ofa hazardous material or 26 substance solely by reason of performing the Work as required by the Agreement Documents, thc City shall pay for the directs costs of remediation as approvcd bcforchand by City, in writing. which shall be paid from the Contingency Fund. l6.62lnspection: Rejection Of Materials And Workmanship. All materials and equipnrent fumished and rvork perlormed shall be properly inspected by Contractor. at its expense, and shall at all times be subject to quality sun eillance. observations or quality audit by City. Contractor shall provide safe and adequate facilities and all samples, drawings. lists and documents necessary for such quality surveillance. observation or qualiry audit. For this purpose. City shall be afforded full and free access to the shops. factories or places of business of Contractor and its subcontractors and suppliers for such quality surveillance, observation or quality audit and to dctcrminc thc status ofthc Work. If Contractor covers all or any portion of the Work prior to any quality surveillance or test by City. the cost ofany necessary uncovering and rcplacing shall bc bornc by Contractor. Ncithcr the failure to make such quality survcillancc, observance or quality audit, nor to discover defective workmanship, materials. or equipment, nor acccptance of or paymcnt to Contractor for such work, materials or cquipmcnt shall prej udice the rights of City thereafter to correct or reject the same as hereinafter provided. Ifany material. equipment or workmanship is determined by City, either during perfornance of the Work or on final quality survcillance, or during any applicable warranty period (cxprcsscd or implied), to be defective or not complying with the requirements of this Agreement, City shall notify Contractor in writing that such material, equipment or work is rejected and the City reserves the right to withhold payment on any such item. Thereupon, Contractor shall, at its own expense, immediatcly rcmovc and rcplace or correct such defective material. equipment or work by making the same comply strictly with all requirements of the Agreement. 16.63 Testing. Unless otherwise provided in the Agreement, Drawings and Specifications shop testing of materials or work shall be performed by the Contractor and in accordance with the Technical Specifications. Field testing of materials or work shall be performed by City. Should tests in addrtion to those required by the Specifications be desired by City. Contractor u,ill be advised in reasonable time to permit such testing. Such additional tests will beat City's expense unless such additional lests are required due to Contractor's work or materials having failed any initial tcst. In this cvcnt, such additional (rc-test) tests shall be at Contractor's cxpcnse. Contractor shall fumish samples as requested and shall provide reasonable assistance and cooperation as ncccssary to pcrmil tcsts to bc pcrfbrmcd on materials or rvork in placc including reasonablc stoppage ofwork during testing. Contractor shall provide reasonable and accurate notice ofu,hen construction activitics which rcqurrc City's testing services are rcquircd. Contractor shall bc responsible for stand- by and other costs associated with the testing agency if that construction activity is dclaycd or cancclcd. 16.64 Proeress. Contractor shall give City full information in advance as to its plans for performing cach part ofthc Work. lfat any time during the progrcss of work. Contractor's actual progress is inadequate to meet the requirements of the Agreement. City may so notiry Contractor who shall thcrcupon takc such stcps as may be necessary to improve its progress. If within a reasonable penod as determined by City, Contractor does not improve performance to meet the currently approved Agreement construction schedule. Ciry may require an increase in Contractor's labor force, the number of shifts, overtime operations, additional days of u,ork per 27 week and an increase in the amount of construction plant: all without additional cost to City. Ncithcr such notice by City nor City's failurc to issue such notice shall relieve Contractor of its obligation to achieve the quality ofwork and rate ofprogress required by the Agreement. Failurc of Contractor to comply with thc rcasonablc instructions of City may be grounds for detemrination by City that Contractor is not prosecuting its work u,ith such diligence as will assure completion within times specified. Upon such determination, City may terminate Contractor's right to proceed with the performance of the Agreement, or any separable part thereof. in accordance with the applicable provisions ofthis Agreement. 16.65 Chanses City may, at any time, without invalidating the Agreement and without notrce to lhe Surety(ies), make changes in the Work by issuing Change Orders, as well as Contingency Fund Change Orders addressed elsewhere in the Agreement Documents. City will issue written orders to Contractor for any changes. except that in the event of an emergency which City determines immediately endangers life or property, City may issue oral orders to Contraclor for any rvork required by reason ofsuch cmergency. Such ordcrs will be confirmcd in rvriting as soon as practicable. Such orders, rvhether written or oral. may be accompanied by drarvings and data as arc ncccssary to show the extent of such ordcrcd work. Contractor shall commence such changed'*,ork so that all dates set forth in Contractor's current construction schedule, as accepted by City. will bc mct. In the event of an emcrgcncy which City detcrmincs immediately endangcrs life or property. Contractor shall immediately commence such changes as required by City in ordcr to mitigate or removc thc emergency condition. Failure to cofilmence any such changc in timely fashion shall entitle City to invoke the provisions of "Termination for Cause". Unless otherwise required, Contractor shall, within twenty-one (21) calendar days lollowing receipt o[ a written Change request from City, submit in writing to City a Agreement Cihange Proposal lor accomplishing such change. which proposal shall reflect the increase or decrease, if any. in cost to City of performing the change under the Agreement in comparison to what the cost would have been, had such change not been offered. 17 . Liquidated Damages 11 .l Liquidated Damages will be assessed as stated in the Agreement for each non- compliant day that any requirements listed in this section l7 are not met. The parties have agreed that since they are unable to ascertain the amount of damages which would be suffered by City as a result of Contractor's failure to timely complete all Work required by the date sel forth above. Therefore, failure to timely complete the work shall result in the awarded Bidder being subject lo liquidated damages, but not as penalty, in the amount of$500.00 per calendar day, as set fbrth in 23 CFR 635.127, for each and every calendar day the work remains incomplete. or the items remain undelivered. Thrs payment is considered to be City's liquidated damages. and it is not a penalty. It shall be assessed against the Contractor until substantial and final completion. respectil ely, are achieved. 17.2 Staging of Material in Rieht-Of- Way Contractor shall provide for all additional lands and access thereto that may be required fbr temporary construction facilities or storage of rnaterials and equipment. Staging area shall be 2li fenced and screened from public sight. Contractor shall not store material such as pipes, drainage structurcs and cquipmcnt within a right ofway without prior approval by the City. Material shall be properly secured and screened neatly and will not remain on right of way for more than a week. All equipmcnt must be stored in a dcsignated staging area. 11 .3 Site Restoration: Contractor shall remove all excess material and shall clean up and restore the site to its original condition or better. All damage. as a resull of rvork under this Agreement. done to existing structures, pavement. driveways. paved areas. curbs and gutters. sidewalks, shruhbery, gmss, trees, fences. walls, utility poles, utility pipe lines, conduits, drains, catch basins, flagstones, rocked graveled or stabilized areas or driveways, and including all obstructions not specifically named in this provision, shall be repaired, or replaced, as determined by the Engineer. Site restoration shall be done in a timely manner as the work progresses. Site restoration u'ork shall be completed on private property within 30 days after being disturbed. 11.1 Access: As applicable. Contractor shall pror,ide one lane open to through-traffic fbr each section of construction in each direction at all times unless a complete road closure is required. The Contractor shall make every eftbrt to provide access to driveways at the end ofthe working day. If a drivervay is not accessible. homeowners should have access to a neighborrng swale area for temporary parking. Whcn vchicular acccss to homes is not possible for parking of vchiclcs, an area for parking shall be provrded within one block of the furthest home afl'ected. This condition is to bc avoided whenevcr possiblc and not last morc than thrcc (3) days. Vchicular access must be pror ided by the end of each business working day. The parking area location shall be coordinatcd by thc Confactor. with the City's approval." ln the cvent that this option is approved by the City. the Contractor shall notify affected residents at least 48 hours in adlance. 17.5 Date of Commencement and Substantial Completion: The Date of Commencement is the date from rvhich the Agreement Time is measured and shall be the date set forth in the Notice to Proceed as issued by the City. Should the Contractor incur costs pnor to the issuance of the Notice to Proceed, any such costs shall be incuned at the Contractor's risk. and the City shall not reimburse the Contractor for any such costs under any circumstances. Notwithstanding the foregoing. City may reimburse Contractor for actual costs incurred relating to performance and payment bonds and insurance, rvith submittal of invoices, in the event that City terminates this Agreement fbr convenience, as provided in the General Conditions. If Contractor fails to commence the Work u,ithin one ( I ) rveek of the date set forth in the Notice to Proceed, City may teminate the Agreement immediately, without providing an opportunity to cure. 18. Audit. As the funding for this project comes from FRDAP, Contractor. by entering into this Agreement. the Contractor agrees to comply and cooperate rvith any monitoring procedures/processcs deemed appropriatc by the Departmcnt of Environmental Protection. In thc event the Department of Environmental Protection dctermines that a limited scopc audit of thc Contractor is appropriatc. thc Conlractor agrees to comply with any additional instructions provided by the Department to the Contractor regarding such audit. Thc Contractor f'urther agrecs to comply and cooperate with any inspcctions, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor Gcncral. 29 l9.i The Contractor shall. in addition to any other obligation, indernnify the City and to the fullest extcnt pcrmitted by law. protect, defcnd and hold harmless thc City. including its agcnts. elected officials and employees from and against all claims, actions, liabilities. losses (including economic losses), or costs arising out of any actual or alleged: (A) bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting from such property, or any other damage or loss arising out of or resulting or claimed to have resulted in whole or in part from any aclual or alleged act or omission of the Contractor or its Subcontractors. anyone directly or indirectly employcd by any of them. or anyone for whosc acts any of them may bc liable in the performance of the lvork; (B) any violation of law, statute, ordinance. govcmmental administrative ordcr, rulc, regulation, or infringement of patent, copyright or trademark rights by Contractor or its Subcontractors in the pcrlbrmance ofthe work:(C) liens and claims made by the Contractor or its Subcontractors: and 19.2 Indemnification for Construction C ntracts In the event that the performance of services under thc Agreement is dccmcd to bc a "construction Agreemcnt" pursuant to d725.06, Florida Statutes, as it may be amended from time to time, the following indemnification shall apply: To thc fullcst extent permittcd by Chapter 725, Florida Statutes. as it may be amcndcd. thc Contractor agrees to indemnify and hold harmless the City, its officers, employees, and assigns from liabilities. damages, losses. and costs including, but not limited to reasonable attorney fees, to the extent caused by the negligence. recklessness, or intentionally wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of the provisions in lhe Agreement Documents. safety 20.1 Dcfincd Terms for Purposcs of this Section Environmental Condition rreans any set of physical circumstanccs in, on. under, or affccting the Property that may constitute a threat to or endangerment of health, sat'ety. propefiy, or the environmcnt, including but not limitcd to: (A) Thc presencc of any hazardous Substance, except in such quantitics and concentrations as are routinely found in nature or in products used in ordinary business or commercial activities: (B) Any underground storage tanks, as dcfincd in Subtitlc I ofthc Hazardous and Solid Waste Amendments of l9[t4,42 U.S.C. 6991 et. seq., or the regulations thereunder. lbr thc storage of hazardous wastes. oil, pctrolcum products, or thcir byproducts:(C) Any PCB. asbestos or any other substances specifically regulated under the Toxic Substances Control Act. l5 U.S.C. 2601 or rcgulations issucd thcrcunder: and 30 | (.). lrrJcrrrnrlicution ol( it1. 20. EnvironmentalMattcrs. (D) Any open dump or system of refuse disposal for public use without a permit, as prohibited by 42 U.S.C. 6945 and/or Florida law cquivalent, or the regulations issued thereunder. Environmental Laws mcans the Comprchcnsive Environmental Responsc, Compensation and Liability Act,42 U.S.C. 9601 et. seq., the Resource Consenation and Recovery Act,42 U.S.C. 6901 et. seq.; the Toxic Substances Control Act, l5 U.S.C. 2601 et. seq.; the Clean Water Act. JJ U.S.C. 1251 et seq.i the Clean Air Act, 42 U.S.C. 7401 et. seq.; the Oil Pollution Act, 33 U.S.C. 2701 et. seq., the Hazardous Materials Transportation Act,49 U.S.C. l80l et. seq.; the Refuse Act of 1989. 33 U.S.C. 407: the Occupational Safety and Health Act. 29 U-S.C. 651 et. seq.. as such laws have been anrended or supplemented fiom time to time. the regulations promulgated under these laws; and any analogous Govemmental Requirements. Environmental Requirements means all present and future Govemmental Requirements. including without limitation, the Environmental Laws. authorizations. judgments, decrees. concessions, grants. orders, agreements or other restrictions or requirements relating to any Environmcntal Conditions or any Hazardous Substanccs on the Propcrty. Hazardous Substance mcans any substances or materials identified to bc toxic or hazardous according to any of the Environmental Laws. including without limitation. any asbestos. PCB, radioactivc substances. mcthane, volatilc hydrocarbons, acids. pesticidcs. paints. pctroleum bascd products, lead. cyanide. DDT. printing inks. industnal solvents or any other material or subslance that has in the past or could presently or at any time in the futurc causc or constitute a hcalth, safety or other environmental hazard to any person or propeny. The term Hazardous Substances includcs hazardous wastcs, hazardous substances, cxtrcmely hazardous substances, hazardous materials. Ioxic substances, toxic chemicals, oil, petroleum products and therr by-products. and pollutants or contaminants as those terms are defined in the Environmental Lau,s. Environmental Permit means any Governmental Approval required under any Environmental Law in connection with the ownership, use or operation ofthe Property for the storage, treatment, generation. transportation. processing. handling, production or disposal of Hazardous Substances. or Ihe sale. transfer or conveyance of the Property. and all supporting documentation thereol. Environmental Claim mcans any accusation. allcgation, noticc of violation, claim, dcmand, abatement or other order or drrection (conditional or otherwise) by any Governmental Authority or any person for pcrsonal injury (including without limitation, sickncss, disease, or dcath), tangible or intangible property damage, damage to the environment. nuisance, pollution. contamination or othcr adverse effscts on the environment, or for fines. pcnalties, or rcstrictions. resulting from or based upon: (A) The existence or release, or continuation of any existence of a release (including without limitation, suddcn or non-sudden, accidcntal or non-accidcntal leaks or spills) of, or exposure to, any substance, chemical, material, pollutant, contaminant. or audible noise or other releasc or emission in. into or onto the environment (including vvithout limitation. the air. ground, water or any surface) at. in. by. from or related to the Property: or(B) The environmental aspects ofthe transportation, storage, treatment or disposal of materials in connection with the activities on the Property: or 31 20.2 Corrective Actron Work means any and all activities of removal, response. investigation, testing, analysis. remediation taken to:(A) Prevent, abate or correct an existing or threatened Environmental Condition at, about, affecting, or affected by the Property: or(B) Comply with all applicable Environmental Requirements. 20.3 Environmental Indemnification. Contractor covenants and agrees, at its sole cost and expense. to def'end (r,r,ith counsel selected by Contractor. after consulting with the City), indemnify and hold harmless the City, its successors. and assigns from and against any and all Environmental Claims, whether meritorious or not, brought against the City by any Governmental Authority resulting from acts of the Contractor: 20.,1 This indemnity includes, without limitation. indemnification against: all costs of removal. rcsponse, investigation. or remcdiation of any kind: all costs of disposal of such Hazardous Substances as necessary to comply with Environmental Laws; all costs associated with any Corrcctive Action Work; all costs associatcd with claims for damages to persons, property, or natural resources; any loss from diminution in the value ofthe Property; and the City's Attomeys' Fccs, consultants' f'ccs. court costs and expenses incurrcd in conncction with any Environmental Claims brought against the City. 2l.lnsurance Rcquircnrcnts, Thc Contractor shall not commcncc Work undcr thc Agrccmcnt until Contractor has obtained all insurance required under thrs Article. The Contractor shall not allorv any employcc of Contractor or any Subcontractor to commcnce Work until all Coveragcs required have been obtained and approved by the Risk Manager of the City. In addition, Contractor shall be responsible for any and all pohcy deductibles and self-insured retentions. -12 (C) The violation, or alleged violation, of any Govemmental Requirements relating to Environmental Requiremcnts on the Propcrty; but excluding any of violations ansing solely from the intentional actions oflhe City and its agents. (A) Contractor's indemnification of City is only for Environmental Claims which arise out of or are caused by actions or events occurring after the Effective Date ofthe Property Agreement.(B) This indemnification is to be interpreted as broadly as possible and is in addition to all other rrghts ofthe City under this Agreement.(C) Payments by Contractor under the Environmental lndemnification will not reduce Contractor's obligations and liabilities under any other provision of this Agreement.(D) Neither the Contractor nor the general contractor, nor any other contractor in privity with Contractor, has a dury to indemni! the City in conncction with any Environmental Claims that are due to the negligent conduct ofthe City or its agents. (E) Compliancc. Contractor agrees to comply with all existing and futurc federal. state. county, and municipal environmental laws, administrative code provisions, ordinanccs. rules and regulations, and the requirements of any dcvclopmcnt ordcr covering the Property issued pursuant to Chapter 380, Florida Starutes, all as may be amendcd. All Certificates of Insurance must clearly identify the Agreement to $hich thev pertain, including a brief description of the subject matter of the Agreement. Thc ccrtificatcs shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days' prior writtcn noticc has bccn givcn to City. Ifthis coverage is not pror,idcd. thcn Contractor is responsible for providing such notice to City. Insurance policies for required coverages shall be issued by companies authorized to do business under the laws of the State of Florida and any such companies' financial ratings must be no less than A-VII in the latest edition of the "BEST'S KEY RATING GUIDE", published by A.M. Best Guide. ln the event that the insurance carrier's rating shall drop, the insurance carrier shall immediately notify the City in writing. Coverages shall be in force until all Work required to be performed under the terms of the Agreement is satisfactorily completcd as evidenccd by the formal writtcn acccptance by thc Ciity. In the event insurance certificates provided to City indicate that the insurance shall tcrminate and lapsc during thc pcriod ofthc Agreement, including any applicablc warranty pcriod. then in that event. the Contractor shall fumish. at least thirty (30) days prior to the expiration of thc date of such insurancc. a renervcd Ccrtificatc of lnsurancc as proof that cqual and likc coverages for the balance of the period of the Agreement. including any extension of it, and including any applicable warranty period. is in el'fcct. THE CONTLACTOR SHALL NOT PERFORVI OR CONTINUE WORK PURSUANT TO THE CONTRACT. UNLESS ALL COVERAGES RE}'IAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE NON.EXCUSABLE. SHALL NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE CONTRACT OR ELSE\4'HERE IN THE PROPOSAL DOCUI\IENTS CONCERNING CONTRAC-I'OR DELAY. The below coverages are minimum limit requirements. Umbrella or Excess Liability policies are acceptable to provide the total required liability limits, as long as the Risk Manager of the City reviews and approves in writing the insurance limits on each of the policies. The City must approve any changes to thcse specifications and has the right to rcview and amcnd coveragc requirements. The Contractor shall be held responsible for any modifications, deviations. or omissions in thcsc insurancc rcquiremcnts. Contractor shall bc rcsponsible for any deductiblc amounts. GENERAL LTABILITY INSURA,NCE is to include bodily injury. broad fbrm propcny damage. products/completed operations, blanket contractual liability, and personal/advertising injury with limits of no less than One Million Dollars ($1.000.000.00) per occurrcnce. and Two Million Dollars (52.000.000.00) annual aggregate. SPECIAL PROVISIONS AS TO GENERA.L LIABILITY INSUR{NCE: (to be confirmed on or attached to the Official Certificate of Insurance) o The City of Dania Beach, Florida" is to be added as a named "Additional Insured"to Annual Aggregate shall apply "Per Job". Additional Insured status is included for Products completed operations coverage for a period ofno less than five (5) years -) -) o Additional insured coverage shall be no more restrictive than Insurance Services Office (ISO) form CG 203'7 (-7 04);. Contractor's Insurancc shall be primary and non-contributoryo Waiver of Subrogation in favor of the City. 30 Days' Noticc of Cancellation or modification to City (if not available on the insurance policies. then Contractor has responsibility for notification):. Copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate. WORKERS' CON{PENSATION INSURANCE shall be maintained by Contractor and any Subcontractors during the lif'e ofthe Agreement, including any applicable warranty period(s), and it is to apply to all "statutory employees" ofContractor (as that phrase is defined by Chapter 440. Florida Statutes). in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal larvs, for the benefit of the Contractor. its employees. and Subcontractors. ln the case any work is sublet as otherwise addressed in the Agreement or Bid Documents, the Contractor shall require any Subcontractors similarly to provide Workers' Compensation lnsurance for all ofthe latter's employees, in addition to any coverage afforded by the Contractor, by furnishing slatutory limits Part A. and Employers' Liability Part B with limits of $100,000.00 each accident, $100,000.00 each employee and $500,000.00 policy limit for disease. IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN THE PROSECUTION OF THE WORK. THE FOLLOWING: A) ANY EMPLOYEE. SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEE WHO IS EXEMPTED OR PURPORTED TO BE EXEMPT FROM WORKERS' COMPENSATION INSURANCE COVERAGE: OR B) ANY EMPLOYEE. SUBCONTRACTOR OR SI-,tsCONTRACTOR EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE LEASING ARRANGEMENT. SPECIAL PROVISIONS AS TO WORKERS' COMPENSATION INSURANCE: (to be confirmed on or attached to the Official Certificate of Insurance) . 30 Days' Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and. Waiver of Subrogation. AUTOMOBILE LIABILITY INSURANCE shall be maintained with combined single limits of no less than Onc Million Dollars ($ I ,000,000.00), to includc covcragc for owncd, hired, and non-owned vehicles. SPECIAL PROVISIONS AS TO AUTO\IOBILE LIABILITI'INSUR,{NCE (tO be confirmed on or attached to the Official Certificate of Insurance): A) "The City of Danra Beach" is added as a named "Additional Insured"; 34 B)30 Days' Notice of Cancellation or modification to City (if not available on thc insurancc policies. then Contractor has rcsponsibility fbr notification): and Waiver of Subrogation.c) 22. Assrenment of Agreement. The Contractor acknowled ges, understands and agrees that its performance under this Agreement is or may be contingent upon the City receiving timely services from other Contractors (the "Supporting Contractors"). The Contractor agrees to use its best efforts to coordinate its services with the services of the Supporting Contractors and further agrees that in the event the rendition of any services of any of the Supporting Conkactors is delayed. such delay will not entitle the Contractor to any additional compensation or payment of any kind. Furthermore. thc Contraclor shall not be entitlcd to an incrcasc in compensation. or be enlitled to payment ofany kind from the City. for damages or expenses incurred \r,hich are direct. indircct or consequential or othcr costs and lost profits ofany kind including. but not limited to. costs of acceleration. inefliciency or extended overhead, arising because of any other delay. disruption. intemrption. intcrfcrcnce or hindrancc from any cause whatsoever. whethcr such delay. disruption or interference be reasonable or unreasonable. foreseeable or unforeseeable, or avoidable or unavoidablc; providcd, howcvcr, that this provision shall not precludc rccovery of damages by the Contractor for hindrances or delays caused solely by tiaud, bad faith or active ntalicious interference on thc part ofthe City. The Contractor shall only bc entitled to cxtensions of time for performance as the exclusive and sole remedy for delay. In recognition of the fact that Contractor is not entitled to costs of acceleration arising out of thc dclays caused by Supporting Contractors. Contractor shall not be required to accelerate its services where delays have resulted from Supporting Contractors, unless the City agrccs to compcnsatc Contractor for such accelerated efforts. 2-1. Pub[c Records Law. Contractor shall maintain books. records. documents and other evidence directly pertinent to performance of work under this Agreement in accordance with gcncrally acccpted accounting principlcs and practiccs. The Contractor shall also maintain the financial information and data used by the Contractor in the preparation of support of any claim fbr reimburscment for any ouGof-pocket expense or cost. The City shall have access to such books. records, documents and other evidence for inspection, audit and copying during normal busincss hours. The Contractor will provide propcr facilities for such access and inspcction. Audits conducted under this section shall observe generally accepted auditing standards and established proccdures and guidclincs ofthe City. Thc Florida Public Rccords Act, Chaptcr ll9 of the Florida Statutes. may have application to records or documenrs penaining to this Agrccmcnt and Contractor acknowlcdges that such laws have possible application and agrees to comply u,ith all such lau,s. Upon request from the City custodian ofpublic records, Contractor shall provide the City rvith a copy of the requcstcd records or allorv the records to be inspected or copicd within a reasonable time at a cost that does not exceed the cost provided by Chapter I19, Florida Statutes. or as othcrwise provided by law. -15 24. Rctcntion OfRecords And Risht To Access 24.1 The Contractor shall preserve and make available all financial records, supporting documents, statistical records. and any other documcnts pertinent to thc agrccment for a period offive (5) years after termination or conclusion ofthe agreement. or ifan audit has been initiated and audit findings havc not bccn rcsolvcd at thc cnd of these five (5) years, the records shall bc retained by the City until resolution of audit finding. The Contractor shall retain sufficient records demonstrating its compliance with the terms ofthe award and this Agreement for a period of tive (5) years from the date the audit repon is issued, and shall allow the Department of Environmental Protection. or its designee. Chief Financial Olficer, or Auditor Ceneral access to such records upon request. The Contractor shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, ChicfFinancial Officer, or Auditor Gcncral upon request for a period ofthree (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protcction. 24.2 Unless otheruise provided by law. any and all records. including but not limited to reports, surveys. and othcr data and documents provided or created in conncction with this Agrcement are and shall remain the property of the City. 243 Upon completion of Work under this Agreement or in the event of lermination by either party, any and all public records relating to the Agrccment in thc posscssion ofthc Contractor shall be delivered by the Contractor to the City Manager, at no cosl to the City. within seven (7) days. All such records stored electronically by Contractor shall bc dclivcrcd to the City in a format that is compatible with the City's infbrmation technology systems. Once the public rccords have becn delivcrcd upon complction or tcrmination of this Agrecmcnt. thc Contraclor shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 24.4 Any compensation due to Contractor shall be withheld until all records are received as provided in this Agrecmcnt. 2.4.5 Contractor's f'ailurc or refusal to comply with thc provisions of this scction shall resull rn the immediate rermination of this Agreement by the City. IF THE CO:\iTR{CTOR HAS QUESTIONS REGARDI\G THE APPLICATION OF CHAPTER II9, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROYIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: \tailing Address: ELORA RIERA CITY CLERK 100 \l'. Dania Beach Boulevard Dania Beach. Florida 3300.1 954-924-9800. Ext. 3623Telephone number: 25. Section I19.0701(l)(a). Florida Statutes -16 Email:eriera(odaniabeachfl ,gov 26. No Warvcr. Failurc ofthe City to insist upon strict performancc ofany provision or condition of this Agreement. or to enforce any right contained in it, shall not be construed as a waiver or relinquishment fbr the future ofany such provision. condition or right. but the same shall remain in full force and effect. A. The Contractor may terminatc thc Agreement for non-paymcnt (cxcept for thosc provisions in this agreement that specifically provide for *,ithholding payment), failure to certiry paymcnt. dclays of greater than 120 days not caused by Contractor. othcr material breaches by the City, and if the Work is stopped for a period of thirty (30) days through no act or fault of the Contractor, Subcontractor, Sub-subcontractor, thcir agents or employees, or any other persons performing portions of the Work under the Agreement with thc Contractor, for any ofthe following reasons: l. issuance ofan order ofa court or other public authority having jurisdiction. and an act of govemment, such as a declaration ofnational emergency, making material unavailable. 2 37 27. Declaration of Default. The failure of the Contractor a) to supply enough properly skilled workers or matcrials. or b) its failure to make prompt payments to subcontractors, or for materials or labor. or c) to obey laws. ordinances. rules, regulations or orders ofpublic agencies having jurisdiction. or d) to comply in any way with the Agreemcnt Documents, shall bc sufficient grounds lbr the City to find the Contractor in material default. and that sufficient cause exists to tcrminalc thc Agrsemcnt for cause. and to withhold payment or any pan thereofuntil the cause or causes giving rise to the default has/have been eliminated by the Contractor and approved by the City. If a finding ofdefault is made by the City. thc Contractor and its Surety shall remain responsible for performance of the requirements of the Agreement Documents unlcss and until thc City tcrminates the Agrccmcnt. Upon a finding ofdcfault. the City shall set a reasonable time. but in no event in excess ofseven (7) calendar days after written notice from City detailing thc dcfault. within which thc Contractor and its Surcty shall climinate the cause or causes ofdefault. When the basis for finding ofdefault no longer exists, the City shall notify the Contractor and its Surety. in writing, that the default has bccn corrcctcd, and that the Contractor is no longer in default. Ifthe Contractor fails to correct the default u,ithin the time allorved. the City. without further notice to Contractor or its Surety. may immediately terminate the Agreement and the employment of the Contractor, without otherwise waiving its rights against the Contractor or its Surety. To the extent that the time limits herein conflict with those set forth in the Pcrfbrmance Bond, the timc limits in this scction shall takc prccedence. 28. Termination Or Suspension Of Agreement 28.l Termination Bv The Contractor: B. If one of the above reasons exists. the Contractor may, upon five (5) additional days' writtcn noticc to the City, terminatc the Agreemcnt and rccovcr from thc City payment for Work performed. (A) Thc City may tcrminate the Agrcement if the Contractor ( I ) persistently or repeatedly refuses or fails to supply enough properly skilled u,orkcrs, proper cquipmcnt, matcrials, or fails to adhcrc to thc schedule cstablishcd as adjusted from time to time pursuant to the terms of the Agreement; (2) farls to comply rvith laws, ordinances. or rules, regulations or orders of a public authonty having jurisdiction. including City: (4) fails to obtain or maintain all insurance Coverage required by the Agreement Documents; or (5) otherwisc. is guilty of substantial breach of a provision of the Agreement or Agreemenl Documents: or (6) Onc or more of the follorving circumstances. uncorrcctcd for more than thirty (30) days unless. rvithin the specified 30-day period. Contractor (including its reccivcr or trustee in bankruptcy) providcs to Depanment adequate assuranccs, reasonably acceptable to Department. of its continuing abrlity and willingness to fultlll its obligations under thc Agrccmcnt: i. Entry of an ordcr for rclief under Title I I of the United States Clode: ii. The making by Contractor of a general assignmcnt for the benefit of crcditors; iii. The appointnrcnt of a gcncral receiver or trustee in banlruptcy ofContractor's business or property: andior iv. An action by Contractor under any state insolvcncy or similar law for thc purpose of its bankruptcy, reorganization, or liquidation; or {7) lfContractor or its Surcty(ies) do(cs) not cure such failure within seven (7) calendar days from receipt of notification, or sooner if consideration of safety to persons is involved. or if Contractor or its Surety(ies) fails to providc satisfactory evidence that such default will be corrected, City may. without further notice to Contractor. terminate in whole or in part Conffactor's right to proceed with rvork by written notice and prosecute the Work to completion by Agreement or by any othcr mcthod deemed expcdicnt. City may takc possession of and utrlizc any nraterials. plant. tools. equipment. and property of any kind furnished by Contractor and necessary to complctc the Work. 3u 28.2 Tcrmination Bv The Citv For Causc: (3 ) commits any act or omission that evidences a lack of integrity or honesty or whrch reflects negatively on lhe City, including but not limited to the company of its ou,ners, officers and agents bein-u charged with any act of moral turpitude or any environmental violation: (8) Contractor, and its sureties, shall be liable. jointly and severally. to City for all costs in excess of the Agreement pricc for such terminated work reasonably and necessarily incurred in the completion ofthe Work. as adjusted by Change Orders, if any. including cost of administration of any Agrecmcnt awarded to othcrs for completion, plus Liquidated Damages. (9) The commitmcnt of any material breach of this Agreement by Contractor, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable. discontinuance of the pcrformance ofthc r;r,ork. failure to rcsume rlork that has bccn discontinucd u,ithin a reasonable time after notice to do so, or abandonment ofthe Agreement; or ( l0) Failure to abide by any statutory, regulatory, or licensing requirement, including an cntry ofan ordcr rcvoking thc ccrtificate of authority granted to the Contractor by a stale or other licensing authority; or (ll) Failure to pay any and all entities, individuals, and furnishing labor or materials. or failure to make payment to any other entities as required by this Agreement; or ( l2) Failure to maintain the insurance required by this Agreement. (a) immediately discontinue work on the date and to the extent specified in the norice and place no further purchase orders or subcontracts to the extcnt that they relatc to the performance of work terminated; (b) inventory, maintain and tum over to Ciry all materials, plant. tools, equipment. and properry fumished by Contractor or provided by City for pertbrmance of work: (c) promptly obtain cancellation upon terms satisfactory to Ciry of all purchase orders, subcontracts, rentals, or any other agreements existing for performance of the terminated work or assign thosc agreements to City as directcd; (d) cooperate with City in the transfer of information and disposition of work in progress so as to mitigate damages; (e) comply with othcr rcasonable requests fiom City regarding the terminated work: and (0 continue to perlbrm in accordance with all of the terms and conditions of rhe Agreement such portion of work that is not tcrminatcd. (g) When the City terminates the Agreement, the Contractor shall not be entitled to rcccivc any further payment until the Work is completed and approvcd by the Engincer of Record. 39 28.3 Upon termination for def'ault. Contractor shall: 28.4 If. after Notice of Termination or Suspension of Contractor's right to proceed. it is dctcrmincd fbr any rcason that Contractor was not in dcfault, the rights and obligations of City and Contractor shall be the same as if the Notice of Termination had not been issued. pursuant to the Tcrmination for Convcnience clausc as set forth below. 28.5Termination By The City For Convenience Thc Agrcement may bc terminated for conveniencc by City upon fiftccn (,l5) days' advancc written nolice to Contractor and the Contractor's surety. ifany (delivered by certified mail. return reccipt rcquested) of rntcnt to tcrminatc and the datc on which such tcrmination bccomcs effective. In such case, the Contractor shall be paid for all acceptable work performed prior to tcrmination and shall not be entitled to any other costs, fccs or payments. City may, at its optlon and convenience. terminate the Agreement. in whole or in part, at any time by written notice thcrcof to Contractor, whether or nol Contractor is in dcfault. Upon any such termination. Contractor hereby rvaives any claims for damages fronr the termination, including. rvrthout limiting the generality thcreof. loss of anticrpated profits on Work not pcrformed on account thereof, home office overhead. lost bonding capacity. and consequential damages. As the sole right and remedy of Contractor, City shall pay Contractor in accordancc with Subparagraphs below; provided, however. that those provisions of the Agreement. which by their very nature survivc final acceptancc under the Agrccment, shall rcmain in full forcc and cffect after sucb termination (a) Upon receipt ofany such notice, Contractor and its Surety shall, unless the notice requires othcrwise; (b) Immediately discontinue work on the date and to the extent specified in the notice. (c) Place no further orders or subcontracts for materials. services. or facilities. other than as may be necessary or required for completion ofsuch portion ofwork under the Agrccment that is not terminated; (d) Promptly make every reasonable effort to obtain cancellation upon terms satisfactory to City of all orders and subcontracts to the extent they relate to the performance of work tcrminated: (e) If requested by the City in writing. assign to the City. all right, title and interest ofthe Contractor under the subcontracts terminated. Such Assignment shall not include assumption ofContractor's obligations or liabilities under any subcontract. The City shall have the right (but not thc obligation) to assumc the Contractor's obligations undcr any subcontracts assigned. Neither this paragraph or any assignment of subcontracts, shall constitute the City's assumption of Contractor's or other obligations under any such subcontract absent a written document executed by the City andthe subcontractor in which the City expressly acknowledges an assumption ofContractor's obligations. and then only .+0 (h) All damages, costs and charges incurred by City shall be deducted from any monies due or which may becomc due to Contractor. In case thc damages and expcnscs so incurred by City shall exceed the unpaid balance. then Contractor shall be liable and shall pay to City the amount ofsuch excess. to the extent specified. In no event will the City assume any obligation ofthe Contractor under the subconfacts that arise out of or relatc to Contractor's dcfault prior to such assignment; (f) The Contractor shall include in all subcontracts, equipment leases and purchase orders, a provision requiring the subcontractor, equipment lessor, or supplier, to consent to the assignment of their subcontract or purchase order to the City: (g) Assist City. as specifically requested in writing, in the maintenance, protection and disposition of property acquired by City under the Agreement; and, (h) Complete perlbrmance of any work that is not terminated. (i) Upon any such termination. City will pay to Contractor an amount determined in accordance with the following (without duplication of any item): O All amounts due and not previously paid to Contractor for work complered in accordance with the Agreement prior to such notice. and for work thereafter completed as specified in such notice. (k) The reasonable cost of settling and paying claims arising out ofthe termination of work under subcontracts or orders. (l) The verifiable costs incurred prior to notice of termination. (m) Any other rcasonable costs which can be verificd to be rncidental to such termination of Work. rncluding demobilization costs. (n) In the casc of such termination for City's convcnicnce, Contractor shall bc entitlcd to receive payment for Work actually executed, and verifiable costs incurred by reason of such tcrmination, along with an amount not to exceed tcn (10) perccnt for profit and overhead on such verifiable costs incurred. (o) Thc City's Termination tbr Convcnicncc shall bc without waiver or prejudice to, all ofthe City's claims, rights and rcmedics arising out of or relatcd to any dcfault, brcach of Agreement. damages or other claims the City may have against Contractor, or Contractor's subcontractors. material suppliers of any ticr, or any other pcrson or sntify at the time of termination or arising thereafter. (p) Contractor hercby acknowledges acceptance of the risk and cost of thc foregoing and acknowledges and agrees to the foregoing limitation on Contractor's claims or damages arising out oi or relating to. a termination for convenience by the City. (q) Contractor shall submit within 30 calcndar days aficr receipt of noticc of Tcrmination. for Convenience, a written proposal for payment, including all incurred costs and other cntitlements dcscribed hercin. City shall revicw, analyze, and verify such proposal. and negotiate an equitable adjustment. and the Agreement shall be amended in writing accordingly. 4t 29. Suspension By The City For Cause Thc City may order thc Conractor in rvriting to suspcnd, delay or intemrpt the Work, in u'holc or in part for such period of time as deemed necessary by the City. if the Contractor lails to maintain all insurancc Coveragc required by thc Agrccmcnt Documents. Any delay in thc Work caused by a lapse in Coverage shall be deemed non-excusable, shall not be grounds for a time extension, and shall be subject to any other applicable provisions in the Agrccment and Agreement Documents conceming Contractor delay. 30. Suspension By The City For Convenience (A) The City may, without causc. order thc Contractor in writing to suspcnd. dclay or intemrpt the Work in whole or in part, for such period of time as the City may determine, and the Contractor shall be cntitled to an appropriate timc extcnsion, provided thc suspension dclays the cntical path of the Work. (B) If such suspension exceeds thirty (30) consecutive days, Contractor may also be entitled to an adjustment in the Agreement Sum for increases in the cost of perfornrance ofthe Agreement resulting direcrly from the suspension, delay. or intemrption. including reasonable profit on such increased cost: provided however, that no adjustment will be made to the extent: (l) thal performance is. was, or uould have been so suspended delayed, or intemrpted by another cause for which Contractor is responsible: (2) that Contractor fails to adequately document the cost increase: (3) that the Contractor would have incurred the cost increase regardless ofthe suspension, delay, or intemrption, or (4) that an equitable adjustment is made or denied under another provision of thc Agrecmcnt or Agrecment Documents. 3l . Temrination for Cause 12 lf the Contractor fbils to provide the services or shall in any other manner commit a breach olthe agrccmcnt and fails to remedy the samc within 30 calcndar days aftcr reccipt of writtcn noticc tiom the City. the City may terminate the agreement, without any further notice to the Contractor. City rcprcsentativcs rvill review the construction scrvices pcriodically to assurc that thc requirements ofthe agreement are being met. Ifany work is unsatisfactory. the Contractor shall be contacted, and the discrepancies corrected at no additional cost to the City. Ifdeficiencies are not corrected within five (5) working days. the City may, at its option, perform the required sen'ices or contract to have them performed and deduct the cost of those sen'ices lrom the agreemenl cost. 3lA. Receipt Of Notice Of Termination Or Suspension (a) immediatcly discontinue work on the date and to the extent specified in the notice: (b) place no further orders or subcontracts for material, services, or facilities with respect to suspendcd work other than to the cxtcnt rcquired in the noticc; (c) promptly make every reasonable effort to obtain suspension, upon terms satisfactory to City. of all orders, subcontracts and rental agreements to the cxtent they relate to performance of work suspended: (d) continuc to protect and maintain thc Work including those portions on which work has been suspended, and (c) take any other reasonable steps to minimize costs associated with such suspension. In addition to all amounts that would otherwise be due for Work performed prior to the suspension, as compcnsation for such suspension, Contractor will bc reimburscd for the following verifiable costs (without profit) and without duplication ofany item, to the extent that such costs directly result from such suspension ofwork: (a) standby charge to be paid to Contractor during the period ofsuspension ofwork which standby charge shall be sufficient to compensate Contractor for keeping, to the extent required in the notice, its organization and equipment committed to the Work in a standby status:(b) All reasonable costs associated with mobilization and demobilization of Contractor's plant, forces and equipment; and(c) An equitable amount to reimburse Contractor for the cost of maintaining and protecting that portion ofthe Work upon which work has been suspended. 32. Or.l,nership of Documents. All correspondence. studies, data. analyses, documents. instruments, applications. memorandums and the like. including drawings and specifications prepared or fumished by Contractor (and any Subcontractor) pursuant to this Agreement shall become owned by and be lhe property of the City and the City shall consequently obtain ownership of them by any statutory law or common law and other reserved rights, including copyright: however, such documents are not intended or represented by Contractor to be suitable for reuse by City on extensions of the work or on any other work or project. Any such reuse. modiflcation or adaptation of such documcnt without written verification or permission by Contractor for the specific purpose intended will be at City's sole nsk and without liability or legal exposurc to Contractor or to any Subcontractors. If City alters any such documcnts. City rvill expressly acknolr ledge same so that no third party rvill be in doubl as to the creation or origination of any such document. 4-l Upon reccipt of Noticc of Termination or suspcnsion, Contractor shall delivcr or othcrwise make available to City all data, drawings, specifications, reports, estimates, summaries and such other information as may havc been required by thc Agreement or Agrccmcnl Documents, whether completed or in process. Upon receipt ofany such $,ritten notice. Contractor shall. unless the notice requircs othcrwise: 33. Force Maicurc. Under any and all provisions of this Agreement, ncithcr thc City nor Contractor, as the case may be, will be considered in breach of or in dei'ault of any of their respective non-monctary and monetary obligations undcr the Agrecmcnt as a rcsult of an unavoidable delay due to strikes. lockouts, acts ofGod. inability to obtain labor or materials, riot. war, hurricane, tornado. weather related events or conditions. pandemics. epidemics- shutdowns due to govemment restrictions, utility company delays. or other similar causes beyond the commercially reasonable control of a party (in each case. an event of "Force Majeure"). Upon the occurrence of a Force Majeure, the applicable time-period will be extended for each day of the period of the Force Majeure event. 34. Remedies Cumulativc. Waiver. The rights and remedies of thc partics to this Agreemcnt, whether provided by law or by this Agreement, are intended to be cumulative and concurrent. Thc cxercise by eithcr party ofany one or morc of its remedies will not prcclude the exercisc by a party. at the same or different times. of any other remedies for the same default or breach. or of any of its remedics fbr any other default or brcach by the other party. Thc waivcr by a party of any default or Event of Default under this Agreement will not extend to or a1'fecl any other existing or subscquent Event of Dcf'ault, or impair any rights. powers, or rcmedies ofa party in connection r'"'ith any otlier default or Event of Default. A party's delay or omrssion in exercising any right, powcr or remedy will not bc construed as a waivcr of any default or Event of Dcfault or constitute acquiescence to the delault. 35. Notices. Except as provided above, whenever either party desires to give notice to the other. it must bc grvcn by written noticc, scnt by ccrtified U.S. mail, with rcturn receipt rcquested, addressed to the party for whom it is intended, at the place last specified and the place for giving of notice in compliance rvith the provisions of this paragraph. For the presenl, the parties designate the followrng as the respective persons and places for giving of notice: City Ana M. Carcia. ICMA-CM, City Manager City of Dania Beach. Florida 100 West Dania Beach Boulevard Dania Beach. Florida 3300.1 With a copy to Eve A. Boutsis City Attorney City of Dania Beach 100 West Dania Beach Boulevard Dania Bcach. Florida 33004 Contractor Borc Tcch Utilitics & Maintenancc. Inc 19025 SW 194 Avenue Miami. Florida 33 I 87 36. Governinq Lau,. The parties a$ee that this Agreement shall be construed in accordance with and govemed by the laws of the State of Florida. 14 37. Bankruptcv It is agreed upon that if the Contractor is adjudged bankrupt. either voluntarily or involuntarily. thcn this Agreement shall terminate effectivc upon the date and at the time the bankruptcy petition is filed. Upon such filing of Bankruptcy. Contractor will automatically be in dcfault ofthis Agrccmcnt and the provisions of Articlc 9 will be enforced at City's discretion. A. The responsibility to substantiate a Claim shall rest wrth the party making the Claim. All Claims must bc made in writing and addressed to thc City and the Contractor. B. Process for Rcsoh'inq a Clairn. Thc Contractor shall ro,icw the Claim and make a recommendation Io the City. The City shall render a final decision regarding the Claim. A decision by thc City shall bc rcquircd as a condition prcccdcnt to litigation of a Claim betr.l,een the Conlractor and Crty as to all such matters arising prior to the date final payment is duc, rcgardlcss of: I ) whcther such matters rclatc to cxecution and progress of the Work; or 2) the extent lo which the Work has been completed. C. Time Limits on Claims. Claims by the Contractor must be made within thiny (30) days after occurrcncc ofthe event giving rise to such Claim or within thirty (30) days after thc claimant first recognizes the condition giving rise to the Claim. whichever is later. Claims by the Contractor or its respective subcontractors musl be made by rvritten notice to the Ciry. An additional Claim made after the initial Claim has been implemented by Change Order rvill not be considered unless submitted in a timely manner. D. Continuing Agreement Performance. Pending final resolution of a Claim, unless othcrwise agreed in writing. the Contractor shall proceed diligcntly with performance of the Agreement and the City shall continue to make payments in accordance with the Agrccment Documents. E. Claims for Concealed or Unknown Conditions. lf conditions are encountcred at the Project site which are: I ) subsurface or otherwise concealed physical conditions which diffcr materially from thosc indicatcd in the Agrccmcnt Documcnts: or 2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist in thc localc of thc Project site and gcnerally nol rccognized as inherent in construction activities of the character provided for in the Agreement Documents, then notice by thc observing party shall be givcn to the other party promptly bcfore conditions are disturbed and in no event later than twenty-one (21) days alier first observance ofthe conditions. Thc Contractor shall promptly investigate such conditions and. ifthey diffcr materially and cause an increase or decrease in the Contractor's cost of, or time required for. performance ofany part ofthe Work, Contractor shall rccommcnd to the Consultant. with the City's approval. an equitable adjustment in the Agreement Sum. Agreement 45 3tt. Dispule Belolujian lll. I Claims And Disputcs Time. or both. If the Consultant{etermines that the conditions at the Project site are not materially dittcrcnt from thosc indicated in the Agreement Documcnts and that no change in the terms of the Agreement is justified, the Consultant shall so notifo the City and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within lwenty-one (21) days after lhe Consultant has given notice ofthe decisron. Ifthe Consultant and Contractor cannot agree on an adjustment in the Agreemenl Sum or Agreement Time, the adjustment shall be referred to the City for final determination. F. Claims for Additional Cost. lf the Contractor wishes 10 make Claim for an increase in the Agreement Sum. written notice as provrded in these Conditions shall be given before procceding to cxccute the Work. Prior noticc is not required for Clairns rclating to an emergency endangering life or property arising under Paragraph 10.3. lf the Consultant bclicves additional cost is involved fbr rcasons including but nol limitcd to: l) a written interpretation iiom the Contractor; 2) an order by the Cify to stop the Work where the Contractor was not at fault; 3) a writtcn order for a minor changc in the Work issued by the Contractor: 4) failure ofpayment by the City: 5) termination ofthe Agreement by the City: or 6) City's suspcnsion of Work. thcn the Claim shall bc iilcd in accordance with thc procedure established in this Agreement. G. CIaims lbr Additional Time 1. If the Contractor wishes to make Claim for an increase in the Agreement Time, written noticc as providcd in these Conditions shall be givcn. Thc Contractor's Claim shall include an estimate ofcost and a probable effect ofdelay on progress ofthe Work. ln the case ofa continuing delay. only one Claim is necessary. 2. If adverse u-eather conditions are the basis for a Claim lor additional time. such Claim shall bc documented by data substantiating that weather conditions wcrc abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on thc schcduled construction. H. Iniurv or Damasc to Person or Proncrtv If cither party to thc Agrccment suffers injury or damage to person or property because ofan act or omission ofthe other party. or any of thc othcr party's employees or agents. or of others for whosc acts such party is legally liable. written notice of such injury or damage. whether or not insured. shall be given to the other party within a reasonable time not exceeding rwcnty-onc (21) days aftcr first observance of the injury or damage. The notice shall provide sufficient detail to enable the othcr party to invcstigate the matter. 38.2 Resolution Of Claims And Dispute s A. Thc Contractor shall review Claims and take one or more of thc following preliminary actions within ten days ofreceipt of a Claim: I ) request additional supporting data from the claimant: 2) submit a schedulc to thc parties indicating whcn thc Contractor expccts to take action; or 3) suggest a compromise. The Consultant may, at the City's directron. 46 notiry the surety. if any. of the nature and amount of the Claim. The Contractor shall notiry thc City or thc Claimant. The City shall makc the final determination of whcther to pay or dispute the Contractor's Claim. B. If a Claim has been resolved, the Contractor shall prepare or obtain appropriate documentation. C. Ifa Claim has not been resolr.ed, the party making the Claim shall, within ten days ( l0) after the Contractor preliminary response, take one or more of the fbllowing actions: l) submit additional supporting data requested by the Contractor; 2) modify the initial Claim: or 3) notify thc Contractor that the initial Claim remains valid. D. The Contractor shall notiiy the partics in writing ofthc City's decision within sevcn days of receipt of: I ) additional supporting data: 21 a request to modifo the initial Claim: or 3) that thc initial Claim stands and the City's decision shall be final and binding on thc parties but subject to review by a court of competent jurisdiction. The Contractor shall prcparc or obtain appropriate documentation rcgardrng the Claim. If thcrc is a surety and there appears to be a possibility ofa Contractor's default, the Contractor may, at the City's dircction. but is not obligated to. notii/ thc surety and request the surcty's assistance in resolving the controversy. 38.3 All claims, counterclaims, disputes and other matters in question between City and Contractor arising out of. rclating to or pcrtaining to this Agreement, the breach of it. the serviccs of rt, or the standard of performance required in it, shall be addressed by resort to non-binding mediation as authorized under the laws and rules ofFlorida; provided, however, that in the event of any dispute between the parties, the parties agree to first negotiate with each other fbr a resolution ofthe matter or matters in dispute and. upon failure ofsuch negotiations to resolve the disputc. the partics shall rcsort to mcdiation. 39. Venuc F'ces 39.1 If mcdiation is unsuccessful. any such mattcr may be dctcrmincd by litigation in a court of competent jurrsdiction in Broward County, Florida. or the Federal District Court of the Southem Drstrict of Florida and appropriate appellatc courts for such vcnue and jurisdiction. To be clear, should mediation fail. all claims, counterclaims. disputes and other matters in question bctween Cit_v and Contractor arising out of. relating to or pcrtaining to this Asrcement, or thc breach of it. or lhe services of it, or the standard of perfbrmance required in it. shall be addressed by rcson to non-binding mcdiation as authorized under the laws and rules of Florida. IN ANY LITIGATION. THE PARTIE SAGREE TO EACH WAIVE ANY TRIAL BY JURY OT' ANY AND ALL ISSUES. THE PARTIES UNDERSTAND AND AGREE THAT THIS WAIVER IS A MATERIAL AGREEMENT TERM. 19.2 Operations During Disoute. In the event that a dispute arises between the City and the Contractor rolating to this Agreement. or its perfbrmance or compensation, the Contractor agrccs to continue to render services in full compliance with all terms and conditions ofthis Agreement as rcquired by the City. 41. Prevailing Partv's Attomeys' Fees. Ifeither party institutes legal proceedings in connection with the Agreement, the prevailing party will be entitled to recover its costs of suit, including without limitation, its Attorneys' Fccs. 42. Headinss, Headings in this document are for convenience ofreference only and are not to be considered in any interpretation of this Agreement. 43. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement and each such exhibit is incorporated by this reference. 44. Severabili lf any provision of this Agreement or the application of it to any person ortV situation shall to any extent be held invalid or unenforceable, the remainder ofthis Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been heid inr.alid or unenforceable. shall not be affected. shall continue in full force and effect. and shall be enfbrced to the fullest extent permitted by law. 45. All Prior Agreements Superseded. This document incorporates and includes all prior ncgotiations. correspondcncc, convcrsalions. agrecments and undcrstandings applicablc to the matters contained in this Agreement and the parties agree that there are no commitments. agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly. it is agreed that no deviation fiom the terms of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. 46. lndependentContractors. Contractor , any Subcontractors and their respective employees and agents shall be and remain independent Contractors and not employees of City with respect to all ofthe acts and services perfomled under the terms ofthis ApJreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties to this Agreement. All agents, employees and Subcontractors of the Contractor retained to perform services pursuant to this Agreement shall comply with all laws of the United States conceming work eligibility. 47. The Contractor understands and agrees that the City, during any fiscal year, is not authorized to expend money, incur any liability. or enter into any Agreement which, by its terms' involves Ihe expenditure ofmoney in excess ofthe amounts budgeted as ar ailable for expendilure during such fiscal year and that any Agreement. verbal or written. made in violation ofthis subsection is null and void and that conscquently, no moncy may be paid on such Agreement beyond such limits. Nothing contained in this Agreement shall prevent the making 4ti 40. Lesal Representation. It is acknowledged that each party to this Agreement had the oppomrnity to be represented by counsel in the preparation of this Agreement. of contracts lbr periods exceeding one (l) year. but any Agreement so made shall be executory only for thc value ofthc services to bc rcndered or agreed to bc paid for in succecding fiscal years. Contractor shall not proceed with services under this Agreement without City's written vcrification that the funds ncccssary for Contractor compensation and othcr necessary expenditures are budgeted as availahle within the appropriate fiscal year budget. 48. Contractor warrants and represents that no elected official, officer, agent or employee of the City has a financial interest. directly or indirectly. in this Agreement or the compensation to be paid under it and. further. that no City employee who acts in the City of Dania Beach as a "purchasing agent" as defined in Chapter 112, Florida Statutes, nor any elected or appointed officer ofthe City of Dania Beach, nor any spouse or child ofsuch purchasing agent, employee or electcd or appointed otficer, is a partner, offlccr, director or proprietor of the Contractor and. further. that no such City employee. purchasing agent. City elected or appointed officer. or the spouse or child ofany of thcm. alonc or in combination, has a material intcrest in the Contractor. Material interest means direct or indirect ownership of more than five percent (5%) of the total asscts or capital stock of the Contractor. 49. Contractor shall comply with all f'edcral, statc and City laws applicable to the Contractor services and specifically those covering Equal Opportunity Employment. the Americans with Disabilities Act ("ADA") cligibility to perform scrvices as specified in thc Florida Public Entiry Crime law and the Florida Building Code. The Contractor is expected to fully comply rvith all provisions ofall laws and the City rcservcs the right to verif, the Contractor's compliance with them. Failure to comply with any laws will be grounds for termination of the Agreement for cause. 50. In the event ofany conflict betrveen any prorisions of this Agreement and any provisron in any attached Exlibit. the parties agree that the provisions of this Agreement are controlling (including, hut not limited to, all terms and provisions governing compensation). Further. any prior Agrecmcnt relatcd to the scrviccs is rescindcd and rcplaccd by this Agreemcnt. 51. Contractor agrecs to perform its obligations undcr this A-eteement in accordancc with thc degree of skill and care exercised by multimedia Contractors performing similar services under similar conditions. Contractor makcs no other reprcsentations and no warranties, whcthcr cxpress or implied. u'ith respect to the quality of its performance under this Agreemenr. 52. Sovereien Immuni tv. Contract or acknowledges that the Florida Doctrine on Sovereign lmmunity bars all claims by Contractor against the City othcr than claims arising out of this Agreement. Specifically, the Contractor acknou'ledges that it cannot and will not assert any claims against the City. unless the claim is based upon a brcach by thc City of this Agreemcnt. Further. the Contractor recognizes the City is a sovereign with regulatory authority that tr cxcrcises for the hcalth, safcty, and welfarc of thc public. This Agreement in no way gstops or allects the City's exercise ofthat regulatory authority. In addition. the City retains the full extenr of its sovercign immunity in relation to thc exercisc of its rcgulatory authority. Thc Contractor acknowledges that it has no right and will not make claim based upon any ofthe following: 19 A. Claims based upon any alleged breach by the City of implied warranties for rcprcsentations not spccif-lcally sct forth in this Agreement. as thc partics stipulate that there are no such implied warranties or representations ofthe Contractor. All obligations of the parties are only as set forth in this Agrecment: Claims based upon negligence or any tort arising out ofthis Agreementl Claims upon alleged acts or inaction by the City, its commissioners. atlorneys, administrators, Contractors, agents, or any Contractor employee: D Claims based upon an alleged waiver ofany ofthe terms ofthis Agreement unless such waiver is in writing and signed by an authorized representative for the City and Contractor. 53. Financial rccords. The Contractor shall maintain accuratc and complctc linancial records of its activities and operations relating to this Agreement in accordance n'ith generally accepted accounting principlcs. Contractor shall maintain adcquate rccords to justi11, all chargcs and costs incurred in performing the services for at least tkee (3) years after completion ofthis Agreement. Contractor agrees that the City, or its authorized reprcscntati\,es. shall havc access to and the right to examine. audit. excerpt, copy or transcribe any pertinent transaction. activity. or records rclating to this Agrccment during normal business hours. All such materials shall be maintained by Contractor at a location in Broward County, Florida; provided that if any such material is located outside Broward County, then, at thc City's option the City shall pay Contractor for travel. per diem, and other costs incurred by Contractor to examine. audit. excerpt. copy or transcribe such matcrial at such other location. The City shall make a rcasonablc cffort to maintain thc confidentiality of such audit report( s). 54. Scrutinizedeompaqics-Contractorshallcerti1i, that it is not on the Scnrtinized Conrpanies that Boycott Israel List created pursuant to Section 215.4725. Florida Statutes (2018). and that it is not cngagcd in a boycott oflsrael. The City may tcrminate this Agrecmcnt at the City's optron if Contractor is found to have submifted a false certification as provided under subsection (5) of scction 287.135. Florida Starutcs (2018), as may bc amcnded or reviscd, or bcen placcd on thc Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Floida Statutes (201 8), as may be amcndcd or revised, or is cngaged in a boycott of Israel. 55. Vcrification of EmploYnrcnt Elisibilit\'. Contractor rcprcscnts that Contractor and eaclr Subcontractor has registered rvith and uses the E-Verify system maintained by the United States Departmcnt of Homcland Security to vcrify thc work authorization status of all ncwly hircd employees in compliance u'ith the requirements of Section '148.095. Florida Statutes. and that cntry into this Agrccment will not violate that slalule. If Contractor violates this section, Municipality may immediately terminate this Agreement for cause and Contractor shall be liable for all costs incurrcd by Municipality duc to the tcrmination. 56. Succcssors And Assi NS The City and thc Contractor cach binds itself. its officers. directors, qualifuing agents, partners, successors, assigns and legal representatives to the other party hercto and to thc partncrs. successors. assigns and legal rcprcscntatives ofsuch othcr party in respect to all coYenants, agreements and obligations contained in the Agreement. Contractor B C 50 57. Time is of the Essence Time is of the essence in the performance of all obligations of each party under this Agreement 58. No Partnership or Joint Venture It is mutually understood and agreed that nothing contained in this Agreement is intended or is to be construed in any manner or under any circumstances whatsoever as creating or establishing the relationship of co-partners or crealing or establishing thc relationship of a joint vcnture bctwecn the City and Contractor, or as constituting Contractor as the agent or representative ofthe City for any purpose or in any manner whatsoever. 59. Recordin Documen s. A memorandum of this Agreement. in the form attached as Exhibit H. will be recordcd by the City in the Public Records ofBroward County. Florida. Thc cost of recording. and the cost of ary required documentary stamps. will be paid in full by the City. The parlics will coopcrate in structuring the transactions contcmplated by this Agreemcnt to reduce such costs, provided the structure does not have any adverse consequence for the City. 60. Goveming Law- This Agreement will be governed by the laws of the State of Florida. Thrs Agreement is subject to and must comply with the Charter and City Code of the City of Dania Beach, as they exist on the date of execution of the Agreement. Any conflicts between this Agreement and the Charter and City Code will be resolved in favor of the City's Charter. Venue for any disputes arising out ofthis Agreement and for any actions involving the enforcement or interpretation of this Agreement will be in the State courts ofthe l7s Judicial Circuit of Broward County, Florida. 61. Third Par\z Beneficiarics. Neither Contractor nor City intend to directly or substantially bcncfit a third pany by this AgTcement. Therefore, thc partics agrec that therc arc no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either ofthem based upon this Agreement. 62. Negotiatcd AErccmcnt. Both partics hate substantially contributed to thc drafting and negotiation of this Agreement and this Agreement shall not. solely as a matler of judicial construction, be construed more severely against one of the parties than any other. The parties hereto acknowledge that they have thoroughly read this Agreement, including all exhibits and attachments hcrcto. and havc sought and rcceived whatcver competent advice and counsel was necessary for them to form a full and complete understanding ofall rights and obligations herein. 5t shall not assign. transfer" convey or otheru,ise hypothecate the Agreement or its right. title or interest in or to the same or any part thcrcof, or allow legal action to be brought in its name for the benefit of others, without previous written consent of the City, and concurred with by the Contractor's Surety. Contractor ackrowlcdges that thc City has cntered into this Agrgcmcnt with Contractor after a comprehensive competitive award process, and evaluation of Contractor's particular qualifications and skills to perfbrm the Work. Therefore, Contractor agrees that the City may withhold the consent to assignment referred to herein for any reason the City deems appropriate, in its sole and exclusive discretion. 64. Conflicts of lntcrcst: City Rcpresentativcs not Individr.rally Liablc. No electcd official representative. or employee of the City has any personal interest. direct or indirect, in thrs Agreemcnt. No electcd official, rcpresentative or cmploycc will participate in any decision relating to this Agreement which alfects his or her personal interest or the interest of any corporation, partnership or association in which hc or she has an interest, directly or indirectly. No elected otficial. representative or employee ofthe City will be personally liable to Contractor or any succcssor in intcrcst for any amount which may bccome duc to Contractor. for any obligations of City under the Agreement, or in the event ofany default or breach by the City-65. Section. Scction hcadings arc for convenicnce only and do not affcct thc interprctation of this Agreement. 66. Counterparts. This Agreement may be signed in counterparts. each one of u'hich rs considercd an original, but all of which constitute onc and thc same instrumcnt. This Agreemcnt is effective only after execution and delivery by the parties. 67 . Entire Agreement This Agreement (including the Exhibits) constitutes the sole agrcement of the partics with respcct to its subject matter. It supersedcs any prior writtcn or oral agreements or oommunications between the pat1ies. 68. Amendments. No amendment to this Agreement is binding on either party unless in writing and signed by both parties. Thc City is not obligated to spend any money or undertake any obligation in connection with an amendment proposed by Contractor. IfContractor requests an amgndmcnt to the Agrccment or any other action by City, Contractor musl reimbursc City for all third-party costs incurred by City (including but not limited to costs of third-party consultants and attomeys). Before thc City takes action regarding any request, Contractor must dcposit with the City the estimated amount ofthird-party costs, as reasonably determined by the City. 69. Holidavs. The parties agree that whenever a notice or perfomrance due under the Agreement falls on a Saturday, Sunday or on a legal holiday recognized by the City, the notice or performance will be postponed to the next following business day. 10. Other govemmental entities may elect to purchase the goods and services specified in this Agreement. which shall be made available upon the same terms and conditions as those specified in this Agreement. 71. Survival. A termination of the Agreement u'ill not release Contractor from its obligation to indemnifr City for any acts \\,hich occurred prior to the termination of the Agreement, unless otherr ise agrccd upon by City and Contractor or by judicial decree. Upon termination or expiration of this Agreement, the Contractor shall remain liable for all obligations and liabilities that have accrued prior to the date of tcrmination or cxpiration. unlcss relicvcd of such obligation or liability by action of a court or rule of law. 52 63. Incorporation bv Reference. The truth and accuracy of each "Recital" clause set forth above is acknowledged by the panies. The attached Exhibits to this Agleement are incorporated into and made a part of this Agreement and all exhibits subsequently attached to this Agreement pursuant to the terms hereof shall be deemed incorporated into and made a part of this Agreement. IN WITNESS OF THE FOREGOING. the parties have set their hand and seal the day and year first rvritten above. ATTEST CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA. MMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS JOYCE L. DAVIS MAYOR ANA M. GARCIA. ICMA-CM CITY MANAGER EVE A. BOUTSIS CITY ATTORNEY 5-l \\ IT\ ESSES: SICNA'I'URE PRINT Namc SIC\A'I'LRE PRINT Name STATE OF FLORIDA) COUNTY OF MIAMI.DADE) CONTRACTOR: Bore Tech Utilities & Maintenance. lnc a Florida corporation SIC\AI-URE PRINT Name Titlc Datc The foregoing instrument was acknowledged betbre me by means of E physical presence or E online notarization. on 2024 bv He'she is personally known to me or has produced identification. AS My f'onrnrission Expilcs:Notary Public, State of Florida Print Name 5,+ CITY OF DANIA BEACH, FLORIDA DANIA BEA(Hl:.! - :---,i r DIRECTIONAL BORING AND ELECTRIAL UTILITY INSTALLATIOIN, PHASE II (RE-BID) CITY INVITATION TO BID (*rTB.") NO.24-025 Prepared by: City of Dania Beach, Florida 100 W. Dania Beach Boulevard Dania Beach, Ftorida 33004 September 30,2024 TABLE OF CONTENTS NOTICE TO BIDDERS PRO]ECT DOCUMENTS MANDATORY PRE-BID CONFERENCE BID DOCUMENTS LIST OF DRAWINGS SECTION I SECTION 2 SECTION ] SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SECTION 9 SECTION IO SECTION I I SECTION I2 SECTION I.] SECTION I '1 SECTION I5 SECTION I6 SECTION I7 SECTION I8 SECTION I9 SECTION 20 SECTION 2I SECTION 22 SECTION 23 SECTION 24 SECTION 25 SECTION 26 SECTION 27 SECTION 28 SECTION 29 SECTION 3O SECTION 3I SECTION 32 SECTION 33 SECTION 3.1 SECTION 35 SECTION 36 SECTION 37 SECTION 38 SECTION 39 INTRODUCTION AND INFORMATION NO BIDS CAUSES FOR REJECTION OF A BID INTERPRETATION AND CLARIFICATION OF BIDDING DOCUMENTS GENERAL CONDITIONS SPECIAL CONDITIONS PUBLIC ENTITY CRIMES STATEMENT PRICES, TERMS ARE TO BE FIRM BID SECURITY PROTECTION OF PROPERTY TRASH INSTRUCTIONS TO BIDDERS RETENTION OF RECORDS AND RIGHT TO ACCESS CLAUSE NON.COLLUSION STATEMENT FLORIDA TRENCH SAFETY ACT MINIMUM AND MANDATORY TECHNICAL SPEC IFICATIONS PI]BLIC RECORDS SUCCESSORS AND ASSIGNS QUALIFICATION OF BIDDERS CONTRACTOR'S RELATION TO THE CITY EMPLOYEES OF THE CONTRACTOR AVAILABILITY OF FUNDS LICENSES, PERMITS AND FEES TERMINATION OF AGREEMENT TERMINATION OF AGREEMENT FOR CAUSE INDEMNIFICATION AND HOLD HARMLESS PROVISIONS INSURANCE REQUIREMENTS SAFETY WARRANTY RESPONSIBLE BIDDER PROHIBITION AGAINST CONSIDERING SOCIAL. POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING CONTRACTOR'S FINANCLA,L/EXPERIENCE RECORD BILLING PROCEDURE PROGRESS PAYMENTS BID PROTEST PROCEDURT LITIGATION CONTRACT AWARD AND EXECUTION CONE OF SILENCE ADDITIONAL GENERAL CONDITIONS 2 I.-XHIRIT.A" EXHIBIT "B'' EXHIBIT "C" EXHIBIT'D" EXHIBIT.'8" EXHIBIT..F" EXHIBIT.'G'' EXHIBIT *H" EXHIBIT "I" EXHIBIT "J'' EXHIBIT.'K" EXHIBIT "L" EXHIBIT "M" EXHIBIT.'N'' EXHIBIT.'O" EXHIBIT..P" BIDDER QUALIFICATIONS BID FORM PERFORMANCE BOND PAYMENT BOND BIDDER'S QUESTIONNAIRE SWORN STATEMENT UNDER SECTION $287.133(3)(a), F.S., FLORIDA STATUTES ON PUBLIC ENTITY CRIMES NON.COLLUSION AFFIDAVIT INDEPENDENCE AFFIDAVIT REFERENCES BID BOND BID SECURITY ACKNOWLEDGMENT OF ADDENDA CERTIFICATION TO ACCURACY OF BID DRUG-FREE WORKPLACE CERTIFICATION AFFIDAVIT OF COMPLIANCE WITH ANTI.HUMAN TRAFFICKING LAWS ACKNOWLEDGMENT OF CONFORMANCE WITH FLORIDA TRENCH SAFETY ACT CITY OT DANI,,I BEACH. FI,ORIDA INVIT.{TION TO BID FOR*DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION. PHASI II (RE.BID)" rrB 24-025 NOTICE TO BIDDERS NOTICE IS GIVEN that the City of Dania Beach. Florida (the "City" or "Or.r,ner") will be accepting sealed Bids for its "DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE II (R-f,-BID), ITB 24-025". Bids will be accepted on DemandStar until OCTOBER 21. 2024. aI l0:00 AM. Bids received aftcr this time rvill be rcjected. All submissions u,ill remain confidential and exempt from public record disclosure requirements until the rcsponsc opening is conducted. PROJECT DOCUMENTS Documents may be obtained from www.demandstar.com or from the City Website at n nrv.daniabeachfl .gor'. PR-E,-BID CONFERENCE A NON-MANDATORY Pre-bid confcrence will bc hcld VIRTUALLY at I l:00 a.m. on October 10,2024. All Bidders and interested persons are invited to attend the meeting, which will outline the Project as described in the Bid and provide an opportunity for questions and ansu,ers for all interested persons. Any interpretations. clarifications or additional information not disclosed in this Bid and determined to be necessary by the Owner in response to questions, will be issued by means ofaddcndum or addenda, which addendum or addcnda will bc postcd to the City rvebsite.wu,u,.daniabeachfl.o\and rl1rytry.dcrlald!!4l.colq tbr all interested persons identitied by the Owner as having received the Bid Documents. The Bidder is required to clieck these sites to see ifthere has been any addendum or addenda posted for this Bid. Only questions I answered and infbrmation supplicd by mcans ofsuch addendum or addenda will be considered as binding. Oral interpretations, clarifications or other information will have no legal and binding effect. Interested bidders may join the meeting with the following link: Join the meetinq now BID DOC'UMENTS Bids must be submitted electronically on DemandStar. Ihe City's designated electronic bidding systcm. All bid documcnt files must bc clearJy labelcd "DIRECTIONAL BORING AND ET-ECTRICAL UTILITY INSTALLATION, PHASE II (RE-BID). ITB 24-025". All bid prices shall be guaranteed firm for a minimum ofone hundred trventy ( 120) calendar days aflcr thc submission ofthc bid. No bidder may withdrarv a bid rvithin nincty (90) calcndar days aller the bid opening date. Pursuant to Florida law, all Bids are exempt public records until thirty (30) days after opening, or award of bid, whichever is sooncr. In thc event presentations arc necessary, all non-prcsenting bidders will be required to exit the room during the presentations of each of the other bidders as portions of selection committec meetings at rvhich presentations are made are excmpt from Florida's public meeting laws. Bids vi,ill be publicly opened and read aloud immediately after the submission deadline on the Bid due date ref'erenced abore using Microsoft Teams meeting software on the above stated date. Award of a contract $,ill be made at a subsequenl City Commission meeting All bidders are advised that the City has not authorized the use ofthe Crty seal by individuals or entities responding to City bids. Bidders shall demonstrate successful performance of projects of a similar magnitude. scope and value as this project. The City Commission of the City of Dania Beach resen'es the right to reject any and all bids, to waive any informality in a bid and to make an award in the best interests of the City. as Owner. CITY OF DANIA BEACH. FLORIDA Published on: SEPTEMBER 30.2024 i SECTION 1 .INTRODUCTION AND INFORMATION T.I SCOPE 1.I.1 The City of Dania Beach. Florida (the "City" or "Ou,ner"). is actively seeking bids from qualified Contractors (thc "Contractor"), for the "24-025DIRECTIONAL BORING AND ELECTRICAL UTILITY INSTALLATION, PHASE II (RE-BID), ITB 24-025". The Project consists of the installation of clcctrical serviccs, including but not limited to sen'icc panels. conduits. wiring and receptacles in road medians at specified locations within the City as outlined rvrthin project plans and specifications. [t is thc intention of the City to have prqcct 'rr'ork completed in time fbr medians to be decorated for the upcoming holiday season. 1.1.2 By submitting a bid. the Bidder acknowledges that he. she. or it is familiar u'ith the scope of scrvices prior to submitting a bid. Failure of a Bidder to be familiar with thc requircments of the Project Work does not relieve the Contractor of the responsibility for completion of all rcquired scn ices for the Project. 1.1.3 lt shall also be the Bidder's responsibility to visit the proposed Project Site to bccomc thoroughly familiar with thc naturc and cxtenl of the Work to bc pcrformcd and all local existing site conditions, and to make his or her o\,r'n estimate of the facilities and difficulties attcnding the exccution of thc Work; no allowancc shall be made by thc Owner for thc Bidder's failure to do so. 1.1.4 Bids will be considered rf submittcd by qualified Contractors who or which havc experience, including similar previous work in the provision ofthe requested services. Contractors offcring full sen'ice rvill rcceir,c the highcst considcration. 1.1.5 Applicants should include the following items in the submitted Bid: Letter of Transmittal; a. Anticipated timeline to begin delivery ofservices; b. A breakdown ofthe costs for the delivery ofservices described above. c. Resum6s ofkey personnel who will actually be assigned to the Project Work and a description ofthe role ofeach person within the company. d. NOTE: The City expects those personnel listed to be those who will be actually performing the Project Work. Substitutions (Contractors only) will be permitted only upon written approval ofthe City's representative or designee who is in charge of the Project. e. A hst of tive (5) similar projects perfbrmed in South Florida (see the form to be used which is included as Exhibit "A", "Bidder Qualifications"; rt is made a part of and is incorporated into the ITB by this reference). and it includes the fo))uwing information: Name of each entity for whrch the work was perfbrmed: Brief description of the scope ofwork;2 -:!Arnount of initial conffact au'ard: and .1 Name of contact person and contact information with the entity u'ho can knowledgeably discuss your company's performance. f. Indication that the Contractor can provide increased levels of service (additional hours) at the same cost per hour: and g. Any other information that the Contractor feels is relevant to assist the City in evaluating Contractor's qualifications. h. The Cify intends to award an agreement to the lowesl. responsive. responsible Bidder fbr the requcsted serviccs specificd in the ITB. taking into consideration experience, staffing, equipment, materials, references and past performance. The City rescrves the right to rejcct any and all bids, to waive any infbrmality in a bid and to make an award in the best interests of the City. In case of disputes in the award ofthe agreemcnt, the decisron ofthc City shall be final and binding on both parties. lf rhe Bidder to rvhom or to which an award is madc fails to enter into an agrcr'ment, the au,ard may be annulled and the agreement offered to the nexl most qualified Bidder or to the Bidder which offered thc next lo$,cst, responsivc and responsible bid in the opinion of the City. THE COh-TRACTOR AND ANY SUBCONTRACTOR(S) SHALL NOT COMI,IENCE WORK ON THE PROJECT UNTIL AN AGREEMENT HAS BEEN FULLY EXECUTED BY BOTH PARTIES. lf a Bidder does not intend to bid. please indicate the reason, such as insufficient time to respond, do not offer product or service, unable to meet specifications, schedule would not permit, or any other reason. Failure to bid prior to the date and time scheduled for the bid opening may result in the Bidder being deleted from the City's bidders' registration list for the services requested in the lnvitation to Bid. 3.1 No bid will bc considercd or acceptcd that, in the opinion of the City, is informal or unbalanced. or contains inadequate or unreasonable prices for any items; each item must carry its own proportion of thc cost as ncarly as is practicablc. However, the City shall bc undcr no obligation Io investigate the correctness of any bid. and the Bidder by signing the bid shall be dcemed to have vcrificd that no crrors appcar in the bid as submittcd. Any altcrations, crasurcs, interlineations or tailures ofa bid to contain all items called for in the ITB may result in rejection of the bid. 3.2 If any Bidder violates any provision in thc ITB, such Biddcr may bc disqualificd from performing the Projecl Work, or from fumishing the requested services for which the bid was submittcd. and the Biddcr may bc further disqualificd from bidding on any future bids for work, for goods. or for services for the City. 3.3 The Bidder shall complete the "Bid Form", which is attached as Exhibit "B"; it is made a pan of and is incorporatcd into thc ITB by this rcference. SECTIO]\ 4 - INTERPRETATION AND CLARIFI CATION OF BIDDI\G DOCUNIENTS 1 SECTION2-NOBIDS SECTION 3 - CAUSES FOR REJECTION OF A BID 4.1 All questions requiring interpretation or clarification of the bidding documents shall be made in writing and shall be delivered to the City (and its Consulranr, if applicable) to procurement(aidaniabeachfl. sov by 12:00 P.M. on October 15,2024. Questions received after this time will not be addressed. 1.2 For infbrmation pcrtaining to this lTB, email the Procurement Division at procurement(aldan iabeachfl.cov. Such contact shall be for clarification purposes only. Material changes, ifany. to the scope ofservices or Proposal procedurcs will be transmitted only by written addendum. 4.3 lnterpretations or modifications ofthe bidding documents made in any manner other than Addendum or Addcnda issued by the City shall not be binding and shall have no cffect. 4.4 The Biddcr, prior to submitting a bid, shall ascertain that it has received any Addendum or Addenda issued by the City for this Project. and that shall be ackrowledged in writing by an authorizcd rcprescntativc. 4.5 Costs for thosc mattcrs not qucstioned and not addrcssed in an Addendum or Addcnda, shall be the responsibility of the Bidder. and Bidder shall be responsible to include such costs within thc submittcd Bid. 4.6 Bidders shall use the Bid Document Forms furnished in the ITB. Bid Basc Amounts shall be furnished in both u'ords and numerals, and in case of a discrepancy bet$ een the tu'o. the amount written in u,ords shall govem. 4.7 In the event ofa mathcmatical crror in thc extcnsion ofany unit pnce. or addition oftotal price, the unit price shall prevail. 5.1 Purpose: The purpose of the Invitation to Bid is to establish between the City and the Contractor an agreement to perform the project work. The successful Bidder shall provide a Performance Bond for One Hundred Ten percent ( I l0%) of the contract price made payable to the City of Dania Beach, Florida, within fourteen (14) days of notification of the arvard of the agreement. A copy ofthe Performance Bond form is attached as Exhibit "C"; it is made a part of and is incorporated into the ITB by this reference. 5.2 Documentation: Bidder shall submit in its bid the following: a. Evidence that the Bidder is certified and licensed to perform the required sen'ices in the State of Florida. The successful Bidder must be in compliance rvith all applicable laws and regulations; b. A statement stating the number ofyears the Contractor has been a qualified provider of the requested services; andc. A complete Bidder's Questionnaire form which is attached as Exhibit "E"; it is made a part ofand is incorporated into the ITB by this reference. 5.3 Bidder Expenses: Bidders are solely responsible for their own expenses in preparing and submitting Bids. and for any meetings. negotiations or discussions with the City or its representatives and consultants, relating to or arising from this ITB. The City and its li 4.8 lnsurance Coverage: Bidders rvho are responding to the Invitation to Bid 1"lTB") NIUST comply rvith all ofthe insurance requirements specified in Section 27 ("lnsurance Requirements") ofthe Bid Documents and the Agreement upon award to the successful Bidder. SECTION 5 - GENERA.L CONDITIONS rcprcscntatives. agents. consultants and advisors shall not be liable to any Bidder for any claims. u,hether for costs, expenses. losses or damages, or loss of anticipated profits. or for any othcr matter rvhatsoever. incurrcd by any Bidder in preparing and submitting a Bid. or panicipating in negotiations for a contract, or any other activity related to or arising out of this ITB 5.4 No Contract: By submitting a Bid and participating in thc process as outlined in this ITB. Bidders expressly agree that no contract ofany kind is formed under or arises from this ITB pnor to thc complete signing by both partics ofa formal written contract. Conflict of Interest: Bidders shall disclose any potential conflicts of intcrcst and cxisting business relationships they may have with the City. If requested by the City. a Bidder should providc all pcrtinent information regarding owncrship ofthe entity within forty-cight (48) hours ofthe City's requesr. 5.5 General Conditions: The agreement to be au,arded will be subject to the provisions ofthe Unitcd Satcs Constitution, Florida laws, statutcs and ordinances ofthe United States of Amcrica, the Stale of Florida. Broward County and the City of Dania Beach. 6.1 Any and all Special Conditions contained in the ITB that may be in variance or conllict with thc Gcneral Conditions shall have precedcncc ovcrthc Gcncral Conditions. Ifno changcs or deletions to General Conditions are made in the Special Condirions, then the General Conditions shall prevail in their entirety. 6.2 The Notice oflnvitation to Bid, Bidder's Questionnaire, Specifications, Exhibits, Addendum or Addenda, the legal advertisement of the ITB and any other pertinent documents fbrm a part of the ITB. and ultimately, the agreement; all of the documents are made a part of and are incorporated inlo the ITB and the awarded agreement. A person or affiliate who, or which has been placed on the State of Florida convicted vendor list follorving a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity. may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work. may not submit bids on Ieases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier. subcontractor or consultant under an agreement rvith any public entity, and may nol transact business with any public entity in excess ofthe threshold amount provided in Section 287.017 F. S. for CATEGORY TWO, which is $35.000.00. for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. A fbrm to that effect, as mentioned above, must be submitted by the Bidder. A copy of the Swom Statement on Public Entities Crimes is attached as Exhibit "F"; a copy is made a part ofand is incorporated into the ITB by this reference. SECTIO\ 6 - SPECIAL CONDITIONS SEC'I'ION 7 - PUBLIC E\TITY CRI]\IES STATE\{ENT 8.1 The Bidder warrants by virhre of its Bid that the prices, terms and conditions contained in the ITB shall be lirm fbr a period ofno less than one hundred twenty ( 120) calendar days from the date ofthe bid opening. 8.2 The bid prices shall include all permit fees, royalties, license fees. taxes and other cosls arising from the use of the materials and equipment in any way involved in the Project Work, as well as all costs of packaging, transporting and delivery of any materials and equipment to the designated location within the City, and the site cleanup. 8,3 The City may require the addition or deletion of services ftom the Contractor if the requirements and needs of the City change, in City's sole opinion. This may entail additronal services and additional locations. The Contractor shall provide the City with costs for these additional sen'ices and additional locations or both, based upon the cosl structure utilized in establishing the pricing fbr listed locations in initially contracted areas. Deletion of locations, sen'ices. or both shall be handled in the same manner as described above. If the costs offered are not acceptable to the City. the City reserves the right to procure the additional ser"ices from one or more other Contractors. SECTION9-BIDSECURITY 9.1 Bid Security: Simultaneously with the delivery of an executed Bid to the Owner, the Bidder shall fumish to thc Owner a Bid Sccurity in the amount of Tcn Thousand Dollars (S10.000.00) as security for the faithful execution ofan Agreement rvith the Owner in the event of a bid award b1 thc City Commission. 9.2 Bid security may bc in thc form of a cashicr's check payable to thc City of Dania Bcach and drawn on a Florida bank, or a Bid Bond (see Exhibit "K") issued by a surety meeting the qualifications statcd in thcsc Instructions to Biddcrs. Cashier's checks qgql be received by thc Procurement Division at City Hall before the bid submission deadline. Bonds shall be submitted on thc forms providcd by thc Owner- Bonds shall bc returned subscqucnt to arvard of thc Agreement by the City Conrmission and execution by the successful Bidder and the appropriate City officials. If thc Biddcr fails to submit the rcquircd executed agreement within fourteen (14) calendar days after an award. the Bidder agrees that the City may retain the bid security deposit as thc City's [iquidatcd damagcs. 9.3 Failurc of thc successful Bidder to cxccute an Agrccment, to furnish Pcrformance and Payment Bonds when required, and to furnish Certificates of Insurance in the minimum amounts specified in the Bid shall bc just cause for thc rcscission ofthc agreemenl award and the retention ofthe Bid Security deposit by the Owner. Such retention shall be considered not as a penalty, but as liquidation ofthc clarms ofthe Owner for damagcs it sustaincd, which arc not othcrwise readily ascertainable. Au,ard may then be made to the next ranked Bidder, or all Bids may be rejected. SECTION l0 - PROTECTIO,T- OF PROPERTY 10.I The successful Bidder shall at all times guard against damage or loss to City properry or t0 SECTION 8 _ PRICES. Tf,RMS ARE TO BE FIRNI propcrty of othcr persons. vcndors or Contractors and shall be responsible for replacing or repairing any such damage or loss. The Contractor will be required to report any such damages immcdiately to thc City's rcprcsentative in charge ofthe Projcct. 10.2 The City rescrvcs thc right to repair any damages crcatcd by the Contractor and to dcduct the appropriate amount from any payment due to the Contractor. In all cases, the decision ofthe City is final. Contractor shall bc rcsponsiblc for the daily removal of trash and debris from the Project work sites and upon completion ofthe Project Work. SECTION I2 - INSTRUCTI ONS TO BIDDERS l2.l Form Documents: The bid and its accompanying statements must be made on the lbrms providcd in thc ITB. Thc forms must bc submitted in good order and with all thc blanks complcted. The bid must be signed by a representative ofthe Bidder duly authorized to do so, and, in thc case the bid is signed by a dcputy or subordinatc, thc principal's written authority to do so must accompany the bid. 12.2 Taxes: The City is exempt liom any taxes related to the requested services, which may otherwisc be imposcd by thc state or fcdcral governmcnl. This exemption docs not transmit to suppliers in their purchases of goods or services, used in work or goods supplied to the City. The Contractor shall pay all applicable sales, consumer, use and other similar taxes required by law. The Contractor is responsible for reviewing the pertinent state statutes involving the sales tax and complying with all requirements. SECT oN 13. RETENTION OF RECOR,DS AND RIGHT TO ACCESS The successful Bidder shall preserve and make ar.ailable all financial records, supporting documents. statistical records. and any other documents pertinent to the agreement for a period of three (3 ) years afler termination or conclusion of the agreement, or if an audit has been initiated and audit findings have not been resolved aI the end of these three (3) years. the records shall be retained by the City until resolution ofaudit finding. SECTIoN I4 - NON-COLLUSION STATEME\T By submitting a bid, the Bidder affirms that the bid is u,ithout previous understanding. agreemenr. or connection with any person, business. or corporation and that the bid is in all respects fair and made without collusion or fraud. The Non-Collusion Affidavit form must be executed by the Bidder: a copy ofthe form is attached as Exhibit "H"; it is made a part ofand is incorporated into the ITB by this reference. ll SEC'I'IO\ I1 . TR,\SH The Biddcr shall include with its Bid all documentation required by the Florida "Trcnch Safety Act". Section 553.63, Florida Statutes. The unit prices and total prices presented in the Bid. and thosc presented in any subscquent changc orders shall includc thc Biddcr's cost for compliancc with the applicable trench safety standards. SECTION I6 - N,II\I}'IUNI A-\D MANDATORY TECH\ICAL SPECIF ICATIONS The technical specilications may include items that are considered minimum, mandatory, or requircd. Ifany Biddcr is unablc to pror,idc these itcnrs, and fccls that thc technical specifications are overly restriclive. the Bidder must notif) the City of Dania Beach in writing immediately. Such notification must bc receivcd by thc City prior to thc deadlinc containcd in the lTB. for qucstions ofa material nature, at least ten (10) calendar days prior to the bid opening date. If no such notification is reccivcd prior to that dcadline, thc City will considcr the technical spccifications to be acceptable to the Bidder. 17.l Bid Submissions Shall Become City Propertv: All submissions become the property of thc City and will not bc rctumed to thc Bidder. Thc City will hold all submissrons in confidencc unless otherwise required by law. 17.2 Contractor's Obligations: Bidders should be aware the City is a "public body" as defined in Florida Statutes. Section ll9.0ll(2) and that it is subject to Flonda Statutes, Section 119.0701(2) (a), and the related provisions of the l"-londa Public Records Law. lf awarded this project, the following will apply: 17.2.1 Documents to Be Ci(v Propert-v: Unless otherwise provided by lau'. any and all records. including but not limited to reports, surveys, and other data and documents provided or created in connection with the contract are and shall remain the property ofthe City. 17.2.2 Maintenance of Records: Bidder agrees to keep and maintain public records tn Biddcr's possession or control in connection with Bidder's performancc under thc contract. Bidder addrtionally agrees to conply specifically with the provisions of Section I 19.0701, Florida Statutes. Biddcr shall cnsurc that public rccords that arc excmpt or confidential and excmpt fiom public records disclosure requirements are not disclosed, except as authorized by law, for the duration of thc contract, and tbllowing completion ofthe contract until the rccords arc transferrcd to thc City. 17.2.3 Response to Public Records Requests: Upon rcquest from the City custodian of public records, Bidder shall provide the City with a copy ofthe requested records or allow the records to bc inspectcd or copicd withn a rcasonablc time at a cost that docs not cxceed thc cost provided by Chapter I 19, Florida Statutes, or as otherwise provided by law. 17.2.4 Delivery of Records: Upon completion ofthe conffact or in the event oftermination by either parry, any and all public records relating to the contract in the possession of the Bidder shall be delivered by the Bidder to the City Manager, at no cost to the City, within seven (7) days. tl SECTION I5 - FLORIDA TRENCH SAFETY ACT SECTION I7. PUBLIC RECORDS All such records stored clcctronically by Biddcr shall be delivcrcd to the City in a format that is compatible u,ith the City's information technology systems. Once the public records have been dclivered upon complction or termination of thc contmct, thc Bidder shall destroy any and all duplicate public records that are exempt or confidential andexempl fiom public records disclosure rcquirements. 17.2,5 Failure to Comply: Bidder's failure or refisal to comply rvith the provisions ofthis scction shall rcsult in thc immcdiate tcrmtnation of thc contract by the City. 17.3 Florida Public Records Law: Pursuant to Section 119.0701(2) (a). Florida Statutes: IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, THE BIDDER NTUST CONTACT THE CITY CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: Mailing Address: Telephone number: Email: Elora Riera, City Clerk 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 954-924-6800. Exl 3623 eriera@daniabeachfl . gov SECTION I8 - SUCCE SSORS AND ASSIGNS Thc City and Contractor, respectively, will bind thcmselves, thcir partners. successors. assigns and legal representati\es to the ag[eement. Neither party to the agreement shall assign or subcontract it or any porlion of it, without thc advancc written consent ofthe other. 19.1 Bidders' Qualilications: The Bidder shall complete the Bidders' Qualifications Form (Exhibit "A") attached. along with any other evidence of satisfactory experience and ability to perform the proposed Work. The failure of Bidder to demonstrate successful performance of projects ofa similar magnitude, scope and value as this project may be deerned to be grounds for declaring the Bidder to be non-responsible- 19,2 Certified Financial Statement: If requested by the Owner, the Bidder shall submit a ccrtificd financial statcmcnt, preparcd within thirty (30) days of submission ofthc bid. indicating current financial resources. liabilities. capital equipment. and flnancial history performance. l-l Any compensation due to Bidder shall be withheld until all records are reccivcd as providcd in this ITB- SECTION I9 - OUALIFICATION OF BIDDERS 19.3 Disqualification: A Bidder shall be disqualified and its unopened Bid shall be rejected by thc City for any one or morc of the fbllowing reasons: a. Reason to believe that collusion exists among the Bidders. b. The Biddcr is or has been involved directly or indircctly in litigation or arbitration against the Owner within the past ten ( l0) years. c. Thc Bidder has defaultcd on any previous contract with thc Owncr within thc past ten I l0) years or is in arrears on an existing contract. d. Thc submittal of more than one Bid from an individual. firm. partnership, corporalion or association under the same or different names. All such parties shall be disqualihed. c. Untimcly bids shall be automatically and absolutely disqualified and rcturned unopened. Excuses for the untimely submittal shall not be accepted. The time of bid rcccipt documcntcd by thc City Clcrk's office shall determinc thc timcliness of the Bid. 19.4 Non-responsible Bidder: A Bidder may be dctcrmined by the Owncr to be "non-responsible" once Bids are opened, and a Bid may be rejected for any one or more of (but not limited to) the following rca-sons: a. Delermination ofa lack ofcompetency as may be revealed by qualification statements. financial statcmcnts. expericnce records or othcr information disclosed to Owncr by other sources. b. Thc Biddcr's uncompleted or pending workload on other projects. which in the judgment of the Owner may cause detrimental impact on timely completion of the Work. c. The appearance ofan unbalanced Bid, as determined by the Owner. d. If the Bidder makes one or more false statements or provides false information in connection with any portion ofthe bidding documents. e. If the Bidder fails to demonstrate successful performance and completion of projects of a similar magnitude, scope or value as this project. 19,5 Non-responsive Bidder: A Bidder may be deemed to be non-responsive and a Bid may be reiected lor any of. but not limited to, the following reasons: a. lf the Bidder fails to submit a complete Bid, including but not limited to, submitting evidence ofall insurance coverages required by the Bid and the Contract Documents. b. If the Bidder fails in any way to abide by any of the provisions of the Contract I)ocuments. SECTION 20 - CONTRACTOR'S RELATION TO THE CITY- INDEPENDENT CONTRACTOR It is expressly agreed upon and understood that the Contractor will be in all respects an independent contractor as to the Project Work, and that the Contractor is in no respect an agent or employee of theCity. The agreemenl will specifo the Project Work to be done by the Contractor. but the method to be employed to accomplish the work shall be the responsibility of the Contractor, unless otherwise provided in writing in the agreement. Contractor and its employees are not entitled to any ofthe benefits that the City provides for City employees. l-l SECTION 2I - EMPLOYEES OF THE CONTRACTOR 2l.l Contractors shall only designatc cmployees who arc sufllciently skilled to provide the required sen ices specified in the ITB. Any person employed to provide the sen ices who fails, refuses or neglccts to obcy the instructions ofthe City's rcprcscntative in anything relating to these services- or u'ho appears to be disorderly. insubordinate. or incompetent shall upon the order of City's representativc. be immediatcly rclieved by thg Contractor from the Project Work. Any interference rvith. or any abusive or threatening conduct toward any City representative. its assistants or inspcctors by the Contractor, its employccs or agcnts, or any membcr of the public shall be grounds for the City to terminate the agreement and re-let the work. The Contractor shall fumish all labor. matcrials, supplics and equipment ncccssary to properly maintain all Project Work areas in an acceptable and safe condition. 21.2 Contractor agrees that it and its officers shall be held fully responsible. except as othenvise prohibited by law, for all acts of their cmployees while in thcir cmploy. SECTION 22 - AVAII,ABILITY OF FUNDS The obligations of thc City under thc awarded agreement will be subject to thc availability of funds. SECTION 2.]. T-ICENSE S. PER\III'S. -{\D FEES In accordance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each license, permit. or fee a Contractor I'ill have to pay the City before or during the work, items or services to be provided or the percentage method or unit method ofall licenses, permits, and fees required by the City and payable to the City by vimre of the work. items, or sen,ices as part of the agreement are as follows: a. Contractor shall have and maintain during the term of the agreement any and all appropriate City licenses. fees (and business tax receipts, if applicable). u,hich shall be paid in full in accordance with the City's fee structure for such items. THERE WILL NOT BE ANY PERCENTAGE REDUCTION OR WAIVING OFCITY LICENSES, FEES (OR BUSINESS TAX RECEIPTS, IF APPLICABLE). b. During the performance of the agreement, there may be times when the Contractor will be required to obtain a permit for such work. or in connection with the items or sen ices. It is the responsibility of the Contractor to ensure that it has the appropnate permits as mav become necessary during the performance of the rvork. Any fees related to the required permits in connection \\,ith the agreement will be the sole responsibility of the Contractor. c. Licenses. permits, and fees may be required by Broward County, the state ofFlonda or the f'ederal govemment. d. City will reimburse permit fee costs related to dewatering and National Pollutant Discharge Elimination System (NPDES). l5 Ifthe succcssful Bidder who or which is awarded ihc contract fails to provide thc serviccs. or shall in any other manner commit a breach of the agreement and fails to remedy the same within fivc (5) calcndar days after rcccipt of written noticc from the City. thc City may terminate thc agreemenl resulting from the ITB without any further notice to the Contractor. City representatives will rcvicw thc construction serviccs periodically to assurc that the requircments ofthe agrccmcnt are being met. If any work is unsatisfactory, the Contractor shall be contacted, and the discrcpancics corrccted at no additional cost to thc City. Ifdeficiencics are not corrected within five (5) working days. the City may. at its option. perform the required services or contract to have them pcrfomrcd and deduct thc cost ofthose serviccs from the agrecmcnt cost. SECTION 25. TER.N,IINA'I'ION OF AGREEMENT FOR CALSE If, through any cause, thc Contractor shall fail to fulfill in a timcly and proper manncr its obligations under the agreement, or if the Contractor shall violate any of the provrsions ol the agreemcnl. Ihe City may upon writtcn notice to thc Clontractor, terminatc thc right ofthe Contractor to proceed under the agreement. or as to such part or parts of the agreement for which there has been a dcfault. and may hold thc Contractor liable for any damages causcd to the Ciry by rcason of such detault and termination. In the event of such default and termination, any conipleted senices pcrformed by the Contractor under thc agrccmcnt shall, at thc option ofthe City bccomc the City's property and the Contractor shall be entitled to receive equitable compensation for any work complctcd to thc satisfaction of the City. Thc Contractor, howcver, shall not be relicvcd of liability to the City for damages sr,rstained by the City by reason of any breach of the agreement by the Contractor, and the City nray il,ithhold any payments to the Contractor for the purpose of set-off until such time as the amount of damages due to the City liom the Contractor can be determined. The City reserves tlie right to terminate the agreement upon thirty (30) calendar days' written notice. without cause. SECTION 26 - INDEX{NIFICATION AND HOLD HARMLESS PROVISIONS 26.1 The selected Contractor shall. in addition to any other obligation to indemnifu the City and to the fullest extent permitted by law. protect, defend, indemnifo and hold harmless the Cily. including its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses). or costs ansing out ofany actual or alleged: a. bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss ofuse resulting therefrom, or any other damage or loss arising out of or resulting or claimed to have resulted in whole or in part trom any actual or alleged act or omission of the Contractor, anyone directly or indirectly employed by any of them. or anyone for whose acts any of them may be iiable in the performance of the work: b. any violation of law. statute. ordinance, govemmental administrative order, ntle, regulation, or infringement of patent rights by Contractor in the performance of the work:c. liens. claims. actions made by the Contractor or other parfy performing the work: and l6 SECTION 24 - I'ERMINATION OF AGREEMEN'I' d. claims of whatsoever nature related to collection practices or any actions of a contradictory nature pursuant to the Agreement or in an attempt to collect monies due or claimed to be duc to the City. 26.2 Indemnification for Construction Contracts. In the event that the performance of sen'ices under the Contract is deemed to be a "construction contract" pursuant to $725.06, Florida Statutcs, as it may be amended from time to time, the follou'rng indemnification shall apply: To the fullest extent permitted by Chapter 725, Florida Statutes, as it may be amended, the Contractor agrees to indemnify and hold harmless the Owner, its officers, employees, and assigns fiom liabilities. damages, losses. and costs including, but not limited to reasonable attomey fees, to the extent caused by the negligence, recklessness. or intentionally wrongful misconduct ofthe Contractor and persons employed or utilized by the Contractor in the performance of the provisions in the Contract Documents. SECTION 27 - INSURANCE REOUIREMENTS 27.1 Insurance Required Before Commencement of Work: The Contractor shall not commence Work under the Agreement until Contractor has obtained all insurance required under this Section. and not untiI such time that the coverages are approved by the Risk Manager ofthe City. The Contractor shall not allow any employee of Contractor or any Suboontractor to commence Work on any subcontract until the Subcontractor and all Cloverages required of any Subcontractor have been obtained and approved by the Risk Manager of the City. In additron. Contractor shall be responsible for any and all policy deductibles and self-insured retentions. 27.2 Insurance Requirements: Coverages shall be in force until all Work required to be performed under the terms of the Agreement, including any applicable warranty period, rs satisfactorily completed as evidenced by the formal written acceptance by the City. ln the event insurance cenificates provided to City indicate that the insurance shall terminate and lapse during the period of the Agreement, including any applicable warranty period, then in that event, the Contractor shall fumish, at least thirty (30) days pnor to the expiration of the date of such insurance, a renerved Certificate oflnsurance as proofthat equal and like coverages for the balance of the period of the Agreement. including any extension of it, and including any applicable warranty period, is in effect. THE CONTRACTOR AND ANY SUBCONTRA,CTOR SHALL NOT PERFORN{ OR CONTINUE WORI( PURSUANT TO THE AGREEMENT, UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE NON-EXCUSABLE, SHALL NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE AGREEMENT OR ELSEWHERE IN THE BID DOCUMENTS CONCERNING CONTRACTOR DEL.A.Y. 27.3 Required Minimum Coverages: The below coverages are minimum limit requircmcnts. Umbrella or Excess Liability policies are acceptable to provide the total rcquired liability limits. as long as the Risk Manager of the City reviews and approves in writing the insurance limits on each ofthc policies. The City must approvc any changes to these specifications and has the right to review and amend coverage requirements. The CONTRACTOR shall be held 17 responsible for any modrfications. dcviations. or omissions in these insurance requirements CONTRACTOR shall be responsible for any deductible amounts. 27.4 GENERAL LIABILITY INSURANCE is to include bodily injury, broad form propefiy damage. products/complctcd opcrations, blanket contractual liability, and personal/advertisrng injury with fimits of no less than One Million Dollars ($1.000,000.00) per occurrence, and Tvvo Million Dollars (S2,000.000.00) annual aggrcgatc. 27.5 SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance): a. Annual Aggregate shall apply "Per Job":b. "The City of Dania Beach, Flonda" is added as a named "Additional Insured"; c. Additional lnsured status is included for Products complcted operations coverage for a period ofno less than five (5) years followrng the completion ofthe Work or Project; d. Additional insurcd covcragc shall bc no more restrictive than insurance Services Office (ISO) form CG 2037 (07 04); e. Contractor's insurancc shall bc primary and non-contributory,f. Waiver of Subrogation in favor of the City: g. 30 Days' Notrcc of Canccllation or modification to City (if not available on the insurance policies, then Conkactor has responsibility for notification): and h. Copy ofAdditional Insured Endorscmcnt or other endorsements may be attached to thc Certificate. 27.6 WORKERS' COI\IPENSATION INSURANCE must be provided for all persons f'ulfilling this agreement u,hether employed, contracted, temporary, or subcontracted for the life of the agreement. including any applicable warranty period(s), and it is to apply to all "statutory employees" of Contractor (as that phrase is defined by Chapter 440, Florida Statutes), in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Contractor, its employees, and Subcontractors. 27.7 In the case any work is sublet as otherwise addressed in the Agreement or Bid Documents, the Contractor shall require any Subcontractors similarly to provide Workers' Compensation Insurance for all of the latter's employees, in addition to any coverage afforded by the Contmctor, by fumishing Statutory Limlts Part A, and no less than One Million Dollars ($1,000,000.00) Employers' Liability Limits Part B. 27.8 IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN THE PROSECUTION OF THE WORIq THE FOLLOWING: A) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEE WHO IS EXEMPTED OR PURPORTED TO BE EXEMPT FROM WORI(ERS' COMPENSATION INSURANCE COVERAGE; OR B) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE LEASING ARRANGEMENT. t8 27.9 SPECIAL PROVISIONS AS TO WORKERS'COMPENSATION INSURANCE (to be confirmed on or attached to the Official Certilicate oflnsurance) : A) 30 Days' Notice of Cancellation or Modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and B) Waiver of Subrogation. 27.10 AUTOMOBILE LIABILITY INSURANCE shall be maintained with combrned single limits of no less than One Million Dollars ($ 1,000,000.00), to include coverage for owned. hired. and non-owned vehicles. 27.1r SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance): A) "Thc City of Dania Beach" is added as a named "Additional Insured"; B) 30 Days' Notrce of Cancellation or modification to City (ifnot available on the insurance policics. thcn Contractor has responsibilrty for notification); and C) Waiver of Subrogation. 27.12 Proof of Insurance: The following are requirements that must be met regarding the Bidder's delivery ofCertificates oflnsurance for all covcragcs rcquircd rn thc Agreement and Bid Documents: 27.12.7 "Preliminary" certificate means that certilicates of insurance venlying all general insurance requirements (as noted below) must be included with Bid at submittal on the date and time of the Bid opening. If the "preliminary" certificates are not included rvith a Bid submittal, then the City has the right to consider the submitted Bid as non-responsive on the date and time of the Bid opening. "Preliminary" Certificates may be issued without documentation of all "Special Provisions". Hou'ever, Contractor does understand that all provisions, including "Special Provisions" noted below are expected to be fully documented on or attached to the "Official" Certificates of Insurance as described below. 27.12.2 "Official" Certificates of Insurance must be delivered to the City Clerk's office and Risk Manager of the City. If the "Official" certificates are not delivered before or on the fourteenth (1.1'h) Business Day after the issuance by the City ofthe "Notice of lntent to Award", then the City has the right to consider the awarded Agreement to the successful Bidder as void and to negotiate a contract u,ith the next lowest responsive and responsible Bidder. "Special Provisions". as ref'erenced below under each type of insurance requirement shall be fully confirmed on or attached to the "Official" certificates. 27.12.3 All Certificates of Insurance must clearly identif, the contract to which they pertain, including a brief descnption of the subject matter of the contract. The certificates shall contain a provision that coverage affbrded under the policies u,ill not be canceled until at least thirty (30) days' prior written notice has been given to City. If this coverage is not provided. then Contractor is responsible for such notice to City. Insurance policies for required coverages shall be issued by companies authorized to do business under the laws of the State of Florida and any such companies' financial ratings must be no less than A-VII in the latest edition ofthe "BEST'S t9 KEY RATING GUIDE", published by A.M. Best Guide. In the event that the insurance carrier's rating shall drop, the insurance carrier shall immediately notify the City in writing. SECTION 28 _ SAFETY 28.1 The successful Bidder shall be responsible fbr initiating, maintaining and supervising all safety precautions and programs in connection with the Project Work. The successful Bidder shall comply with the rules and regulations ofthe Florida Department of Commerce regarding industrial safety (Florida Statutes, Section 440.56) and with the standards set forth in the federal Occupational Safety and Health Act of 1970 (OSHA). and its amendments. The Contractor shall warrant to the City that materials and equipment fumished under the agreement will be ofgood quality and new unless otherwise required or permitted by the Contract Documents: that the Work will be free from defects, and that the Work will confomr to the terms and conditions ofthe agreement. Work not conforming to those terms and conditions, includrng substitutions not properly approved and authorized may be considered defective. The Contractor's warranty may exclude damage or defect caused by abuse. modifications not executed by the Contractor, impropcr or insufficicnt City maintcnancc. improper operation, or normal wear and tear under normal usage. The Contractor shall fumish satisfactory evidence as to the kind and quality of materials and cquipmcnt. A1[ manufacturcrs' product rvarranties shall be registered in the City's name and for its sole benefit. Warranty on Quality and Workmanship shall be for one ( I ) ycar fiom date of final payment. SECTION 30. RESPONSIBLE BIDDER No bid will be acccptcd from, nor will any agrccmcnt bc awarded to. any pcrson or cntity'il'ho or which is in arrears to the City of Dania Beach upon any debt or agreement, who or which is in default as surcty or othcrwisc upon any obligation to thc Clty,'"r,ho is dccmcd irrcsponsible or unreliable by the City, or who or u,hrch has been found guilty or convicted ofa Public Entity crime in any federal or state trial court of record. SECTION 3I. PROHIBITION AGAINST CONSIDERING SOCIAL POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING Bidders are hereby notihed of the provisions of section 287 .05701, Florida Statutes, as amended, that the City will not rcqucst documcntation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City's goveming body may not give preference to a Biddcr bascd on thc Biddcr's social, political, or ideological interests. 20 28.2 Bidder, by submitting a bid, certifies that all materials and equipment to be supplied fbr the ProJect u,ill meet all federal and state requirements, including but not limited to, the Occupational Safety and Health Act (OSHA). SECTION 29 - WARRANTY SEC'I'ION 32 . CONTRACTOR'S FINANCIAL/EXPERI ENCE RECORD Thc City shall have the right to investigate the financial condition and cxperience record ofthe Bidder and determine to its satisfaction the competency ofthe Bidder to undertake the requested serviccs in the ITB. The prcfened method for invoices is to scnd via email to ap@daniabcachfl. eov. A copy may also be mailed to City Hall. City of Dania Beach Finance Department Attn: Accounts Payable 100 West Dania Beach Boulevard Dania Bcach. Florida 33004 with a copy to City of Dania Beach Public Sen'ices Department Attn: Fernando Rodriguez 100 West Dania Beach Boulevard Dania Beach. Florida 33004 The City will pay to the Contractor for the faithful peribrmance of the Contract, in lawful money of the United States, and subject to adjustments as provided in the Contract Documents, the amounts equal to the sum of the unrt, lump sum price or both established for each separately identified work item, times the estimated quantity of that item, as indicated in the Schedule of Prices. As provided in the Bid. the quantities entered in the Schedule ofPrices for each item ofrvork is an estimate only and the final Contract amount and the total payment made to the Clontractor will bc based on the actual number of units of cach work itcm incorporatcd in thc Work of the Contract. It is underslood that the unit prices quoted or established for work items will be used for computing the amount to be paid to thc Contractor. based on thc quantities actually constructed as determined by the applicable measurement and payment portion of the Specifications. Five percent (5%) ofall monies earned by the Contactor shall be retained by the City until the 21 SECI'ION 33 - BILLING PROCEDURE SECTION 34- PROGRESS PAYMf,NTS The Contractor may requisition payments for work complctcd during thc project at intervals of not more than once a monlh. The Contractor's requisition shall show a complete breakdown of the projcct components, the quantities completed and thc amount due, togcther with propcrly executed Releases of Liens by all subcontractors, suppliers and materialmen who were included in thc Contractor's currcnt and previous applications for payment and any other supporting documentation as may be required by the City or Contract Documents. The City shall make paymenl to the Contractor within thrrty (30) calendar days after approval of thc Contractor's requisition for payment. work is totally complctcd as specificd and acceptcd by thc City The City may withhold in whole or in part, payment to such extent as may be neccssary to protcct itself from loss on account of: I . Defective work not remcdicd. 2. Claims filed or reasonable evidence indicating the probable filing of claims by other parties against the Contractor. 3. Failure ofthe Contractor to make payment to subcontractors or suppliers for materials or labor- 4. Damage to another Contractor not remedied. 5. Liability for liquidated damages that has becn incurred by thc Contractor. 6. Reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum. 7. Reasonable evidence that the work will not be completed u'ithin the Contract Time. 8. Persistent failure to carry out thc work in accordance with thc Contract Documents. Whcn thc above grounds are removed or rcsolved or the Contractor provides a surcty bond or consent of surety satisfactory to the City. which will protect the City in the amount withheld, paymcnt may be madc in whole or in part SECTIO\ .35 - BII) PROTEST PROCEDURE 35.1 After a Notice of Intent to Award a contract is posted. any actual or prospective Bidder claiming to be aggricvcd in conncction with thc pending award ofthc Contract or any element of the process leading to the award of the Contract may protest to the City Manager. A protest must be filcd by 5:00 PM on the third (3'd) Business Day aftcrposting ofthe Noticc of Arvard (excluding the day that the Notice is posted) or any right to protest is u'aived. The protest must be in rlriting. must idcntiry the namc and addrcss ofthe protestcr. and must include a factual summary of. and the basis for. the protest. Filing shall be considered complete when the protest and a Bid Protesl Bond arc timely rcccived by the City Manager's Officc. 35.2 A Bid Protest Bond shall accompany the written protest, to compensate City for the expenses of administering the protest. If the protest rs decided in the protester's fhvor, the entire deposit shall be retumed to the protester. If the protest is not decided in the protester's favor, the deposit shall beretained bythe City. The deposit shall be in the fbrm of a cashier's check and shall be rhe one percent ( l%) ofthe amount ofthe pending award to the initial successful Brdder or five thousand (S5.000.00) dollars. whichever is less. 35.3 The Protest Commitree shall have the authority to review, settle. and resolve all protests. Members of the Protest Committee will be appointed by the Clity Manager. If the Protest Committee determines that the pending award ofa contract or any element ofthe process leading to the au,ard involved a significant violation of law, applicable rule or regulation, all steps necessary and proper to correct the violation shall be taken. If the Protest Committee determines that the protest has merit, the City Manager shall direct that all appropriate steps are to be taken to remedy it. 35.4 In the cvcnt of a timely protcst, the City Manager shall stay the award of the Contract unless. after consulting wilh the City Attomey and a representative from the City's Departmenr for which the scrviccs arc being obtained, the City Manager dctermines that the award of the Contracl without delay is necessary to protect the substantial interests ofthe City. The continuation of the bid award proccss under thcsc circumstances shall not preempt or otherwisc affect the protest. 36.1 In addition to any other provision of this ITB. the City may, in its absolute discretion. rcject a Bid if thc Biddcr. or any officer or director of the Biddcr submitting the Bid, is or has been engaged directly or indirectly in legal action against the City. its elected or appointed officers. representatives or employecs in relation to any matter. 36.2 In detcrmining whcther or not to rcjcct a Bid undcr this scction, the City will considcr whether the litigation is likely to affect the Bidder's ability to work with the City. its consultanrs and rcpresentatives and whether thc City's cxpcrience with the Bidder indicatcs that there is a risk that the City will incur increased staff and legal costs in the administration ofthe contract if it is arvarded to the Bidder. 36.3 A contract u,ith thc succcssful Bidder will includc the followins: GOVERNING LAW; CONSENT TO JURISDICTION. Thc lau of the Statc of Florida shall govem the contract. The contract is not subj ect to arbitration. THE PARTIES EXPRESSLY WAIVE ALL RIGHTS TO TRIAL BY JURY FOR A:{Y DISPUTES 36.4 All claims. counterclaims. disputes and other matters in question berween City and the Contractor arising out of, rclating to or pertaining to thc Contract, the brcach of it, the serviccs of it. or the standard of pertbrmance required rn it, are to be addressed by resort to non-binding mediation as authorized under the laws and rules ofFlorida; provided. howcvcr- that in the cvcnt of any dispute between the parties, the parties agree to first negotiate with each other for a resolution ofthe nratter or matters in dispute and, upon failure ofsuch negotiations to resolve the dispute. the parties shall resort to mediation. If mediation is unsuccessful. any such matter may be determined by litigation in a court of competent jurisdiction in Broward County. Flonda, or the Federal District Court ofthe Southem District of Florida and appropnate appellate courts fbr such venue and jurisdiction. If City or Contractor incurs any expense in enforcing the terms of the Contractor, whether suit is brought or not. each pany shall bear its own costs and expenses including, but not limited ltl, court costs and reasonable attorney fees. 37.1 Bid Opening and Evaluation: The City will publicly open and announce all bids it receives by total amount in accordance rvith the terms ofthe advertisement. The City will verily all bidders have properly submitted and executed all required bid documenls and forms; review all :3 SECTION 36 - LITIGATION ARISING FRONI. OR IN ANY \I'AY CONNECTED WITH THIS AGREE\{ENT. THE PARTIES UNDERSTAND AND AGREE THAT THIS WAIVER IS A MATERIAL CONTRA.CT TERM. SECTION 37 - CONTRACT A\\'ARD A\D EXECUTION 37.2 Rejection of Bids: The City may reject bids in the following circumstances: (a) whcrc thc low bid diffcrs from the cngincer's cstimatc by an unreasonable amount (reasonable conformance pursuant to 23 CFR 635.1 l4(c)) (b) whcre obr,ious unbalancing of unit prices has occuned, or (c) where competition is considered to be inadequate relative to the size. type, and location ofthc project. 37.3 Prohibition of Negotiations with Contractors or Bidders: Ncgotiations with contrackrrs are not permified during the advertisement. au,ard. or execulion period ofthe contracting process. 37.4 Contract Award and Execution: The City will enter into a contmct with the lowest priced and the most rcsponsivc and responsiblc biddcr. If the City is unable to comc to terms wilh the lowest pnced and the most responsive and responsible bidder. the Ciry shall initiate the award proccss with thc next lower priced most responsive and responsiblc biddcr, and so on, until a contract is executed. The City is under no obligation to accept any Bid submitted. The City reserves the right in its sole discretion to rvaive informalities in- or, at any time in the process and to reject any or all Bids at any time. All costs incuned in the preparation and presentation ofany Bid shall be wholly absorbed by the Bidder. All supporting documentation and manuals submitted with any Bid will become the property of the City of Dania Beach unless otherwise requested by the Bidder at the time of submission. SECTION 38 - CONE OF SILENCE 38.1 Cone ofSilence: Definitions: "Cone of Silence," ils used inthis ITB, means a prohibition on any communication regarding a particular Request for Proposal ("RFP'), Request tbr Qualification ("RFQ") or Invitation to Bid ("ITB"). between: a potential vendor, service provider, Bidder, bidder, Iobbyist, or consultant, and: a City Commission member. City's professional staff including, but not limited to. the City Managcr and hcr staff, or any mcmber of thc City's Selection Committee. Restrictioni Notice: A Cone of Silencc shall bc imposed upon this ITB upon the advertisemcnt of the ITB. At the time of imposition of the Cone of Silence. the City Manager or designee shall provide for public notice of thc Cone of Silencc by posting a notice at City Hall. The City Manager shall issue a written notice as lo the Cone ofSilence to the affected departments. file a copy of such notice with the City Clerk, with a copy to each City Commissioncr, and shall includc in any public solicrtation for goods or senices a statement disclosing the requirements of this tl bids for accuracy; prcpare a tabulation of the bids showing thc item details and total bid fbr all responsible bids; check for confbrmance ofall bids to the engineer's estimate: evaluate unbalanced bid itcms; confirm thc bid tabulations; and provide a recommcndation for award of bid or recommendalion lbr re-advertisement. if appropriate, to the City Commission. SCCtrOn Termination of Cone of Silence: Thc Cone of Silcncc shall terminatc at the beginning of the City Commission meeting (whether a regular or special meeting) at which the City Manager makes a writtcn recommendation of award to thc Cify Commission. However. if the Ciry Commission refers the City Manager's recommendation back to the City Manager or staff for further revicw. the Conc of Silencc shall be re-imposcd until such time as the City Managcr makes a subsequent written recommendation. Exceptions to Applicabilitl': The provisions of this section shall not apply to a. Oral communications at pre-bid conferences; b. Oral presentations before the Selection Committee; Public presentations made to the City Commission members during any duly noticed public mceting; d. Communications in vvriting at any timc with any Ciry cmployee. unless specifically prohibited by the ITB. The Bidder shall tile a copy of any rvritten communication with the City Clerk. Thc City Clcrk shall make copies available Io any person upon request; Communications regarding the ITB between a potential vendor. service provider, Bidder. lobbyist or consultant and the City's Procurement and Contracl Senices Agent or City employee designated as responsible for administenng the procuremenl process for the ITB. provided the communication rs limited strictly to matters ofprocess or procedure already contained in the conesponding solicitation documentt f. Communicatrons with the City Attomey and his staff: g. Duly noticed site visits to determine the competency ofa Bidder regarding the ITB during the time period between the opening of Bids and the time the City Manager makes a written recommendation; h. Any emergency procurement ofgoods or services pursuant to City Code; i. Responses to the City's request for clarification or additional information: j. Contract negotiations during any duly noticed public meeting; k. Communications to enable City staff to seek and obtain industry commenl or perform market research, provided all related communications between a potential vendor. sen ice provider. Bidder, Iobbyist. or consultant and any member of the City's professional staff including, but not limited to, the Clity Manager and his staff are in nriting or are made at a duly noticed C C l5 Penalties: Violation of this section by a particular Bidder shall render any ITB award or contract to the Bidder voidable by the City Commission or City Manager. Any person who violates a provision of this section may be prohibitcd fiom scrving on a City sclcction or cvaluation committee. In addition to any other penalty provided in this ITB, violation of any provision of this scction by a City ernployce may subjcct the employcc to disciplinary action. Please contact the City Attomey for any questions conceming "Cone ofSilence" compliance. SECTION 39. ADDITIONAL GENERAL CONDITIONS 39.1 Liquidated Damages: Liquidated Damages will be assessed as stated in the contract for each non- compliant day that any requirements listed in this section are not met. 39.1.1 Staging of Material in Right-Of- Way: Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facili{ies or storage of materials and equipment. Staging area shall be fenced and screened from public sight. Contractor shall not store material and equipment within a nght of *,ay without prior approval by the City. Matenal shall be properly secured and screened neatly and will not remain on right ofrvay for more than a week. All equipment must be stored in a designated staging area. 39.1.2 Site Restoration: 39.1.2.1 Contractor shall remove all excess material and shall clean up and restore the site to its original condition or better. All damage, as a result ofwork under this Contract, done to existing structures, pavement, driveways, pat'ed areas, curbs and gutters, sidewalks. shrubbery. grass, trees, fences, walls, utility poles, utility pipe lines, conduits, drains. catch basins, flagstones, rocked graveled or stabilized areas or drivervays, and including all obstructions not specifically named in this provision. shall be repaired. or replaced, as determined by the City. Site restoration shall be done in a timely manner as the work progresses. Site restoration work shall be completed on private property within 30 days after being disturbed. 39.2 Date of Commencement and Substantial Completion: The Date of Commencement is the date from which the Contract Time is measured. and shall be the date set forth in the NOTICE TO PROCEED as issucd by the City. Should thc Contraclor incur costs prior to the issuancc of the NOTICE TO PROCEED, any such costs shall be incuned at the Contractor's risk. and the City shall not reimburse the Contractor for any such costs undcr any circumstanccs. Notwithstanding the foregoing, City may reimburse Conlractor for actual costs incurred relating to performance and paymcnt bonds and insurancc, with submittal of invoices, in the evcnt that City terminatcs this Contract for convenience. as provided in the General Conditions. If Contractor fails to commence the Work within one ( l) week of the datc set forth in thc NOTICE TO PROCEED. City may terminate the Contract immediately, without providing an opponunity to cure. 26 public nrcctrng. CITY OF DANIA BEACH, FLORIDA DANIA BEA(H 5fr lr u'€ {T !C!rE tl DIRECTIONAL BORING AND ELECTRIAL UTILITY INSTALLATIOIN, PHASE II (RE-BID) CITY INVTTATION TO BID ("ITB.") NO.24-025 Addendum I Prepared by: City of Dania Beach, Florida 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 October 18,2024 ) CITY OF DANIA BEACH. FLORIDA DIRECTTONAL BOARING AND UTILITY INSTALLATION PHASE II (RE-BID) rrB 24-025 Addendum I TO ALL BIDDERS: PLEASE TAKE NOT E OF THE FOLLOWING REVISIONS. ADDITIONS. DELETIONS. C'L,4.RIFICATIONS, ETC. RELATIVE TO THE SOLICITATION, WHIC'H IN A('('ORDANCE WITH THE CONTR,{CT DO('UMENTS SHALL BECOME AND HAVE PI{ECEDENCE OVER ANYTHING SHOWN OR DESC]RIBED OTHERWISE, 1. Thc Bid submission dcadline timc and datc arc as follows: a. Time: l1:00 a.m. Date: October 22, 2024. rBEu I'.fli. s.ui 6r@nd Lr w.( 9ullblr tqpnE 19.3/il"rla.5/3 rl21 rBrrl 16 Ar/r,'G G..u.d i" Idr lltrh I Ehrl IL.drkar SsNr.Pedenar r6rall IPt provid.d h.idhor. lnrull1'saHaoCond! 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