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874-Core Construction Group (2001) TABLE OF ARTICLES Article and Title Page I - AGREEMENT 1 2 - GENERAL PROVISIONS 2 3 - CONTRACTOR RESPONSIBILITIES 2 4 - CITY RESPONSIBILITIES 6 5 - CONTRACT TERMS 7 gq:lJ.o uo!Uod ..<uu tujoJJgd o'1 .{o:}o~a:tuooqnS ~ q:l!A,. ~ugmggj~u uu Sl~q Ot{~ ~[IUO JO uos.mgd ~uu ao X.L13 oq] ,<q poXoldtuo JO]DE.I]HOO 01~Jl{dO$ ,(Hg gpnlou! lou soop Jolo~.UuooqnS tujg) oqI 'HJo~ oql jo uo!~od ,<ug uuoJ. a~d oI HO,LDVHjLNOO °tll ql!~ luotu~oa~g uE ~q o~ ~!luo ao uosjod · Xup j~puoi~o u~otu · sluomnooQ lo~uoD oql mo~ o[quaoJu] ~lq~uo~os pu~ ~ oou~pJooo~ u[ +oo[oJd ~q+ o)°ldm°° ol ~gssooou s~ soo~os aaH]o pu~ 'soo[~oS lguo[i]ppV 'soD[~oS uo~on~suo3 · oAoq~ po+sH o~ ~oq] qo]q~ ul Jopao oq~ u[ uaoAo~ {l~qs sluomnoo~ oH+ 's~uomnooQ ~0~JiuoD oq~ ~uo~ ~[n~]qmg Jo +o)Uuoo '~ouo~s~suoou[ Xu~jo o~ ul '1'I '~ qd~J~J~dqnS ol )~nsand pop[Aoad soo~oS jo odooS oql 'o '.0 l'~ olo~UV u] q~oJ l~s ojg qo~q~ luomoa~V s~qUo ~[) oHI ~ oouo)s[xo u[ slu~mnooQ ~o~J)uo3 oH) 'p '.g'~' I '~ osnglO o~ )~nsJnd h~I3 o~ ~q pop[Aojd uo~)~mjoju[ oq+ 'o ~oloq o mol~ u[ ~oJ los ~uomnooQ log~uoD ~u~s]x~ o~ Joj ldooxo ~uomooa~V s~ 'q ~HO~DVH~NOD pug X~ID oq~ q)oq Xq pou~[s luomo~a~V s~ql ol s)uompuo~ uoU~J~ pu~ :Jo )s~suoo ~uomnooQ lo~uoD o~ 1' 'X~I3 o~ ~q p~nooxo p~ ponss} pooooJd u[ oq II~qs luo~ooJ~V s[q) Jopun HO~D~NO3 oq+ ~q soo~os uoUon~suoo Jo oou~mjoJJod aoJ 'SHDIAHHS ',,V. ~q[qx~ ~ u[oJoq po~gjod~oou~ p~ oloaoq poqon~ oq) u~ poq[Josop ~ s~ mJoMod pu~ soothes uo~]onJlsuoo qs]~ ol HO~VH~NOD u~mo~ xqo~oq soop X~ID 'SHDIAHHS I'i I ~qDl~HV :s~ol[oJ s~ ~oJ~e HO~DVB~NOD P~ A~ID 'u}a~aq q~oJ ;as slugugAoo pu~ s~u[pu~sjapun Igmnm aqlJo uo}l~jap{suoa u~ ~HOJ~B~H~ '~OM 'u~joq pal~s suo}l{puoD pug sm~l oq} ol ~u}pJooo~ saj[sap pue A~ID aql ol SOD~A~OS uo~;on~lsuoo qs}uJnJ o~ pg~Henb pu¢ ;ualadmo~ jo saotAJas Jo uo{siAojd aql Joj lsa~alu~o uo!ssa~dxa paA!aDaJ pug palsanbaJ pu~ 'papogu s~ sojnlonJis p~lg~9os~ pue s~l~op~s RA~ID ~qlJo luama~lda~ pu~ uo~lon~suoo gp}AOJd O1 JOIDEJIHOO poUH~nb pue luolod~oojo $O3~AJOS Oq) U[ElOJ Ol S~J!SOp A&13 oql 'SVHHH H~ ,'A~I3. oql ~ ol pa~oja~ ~a~eu[o3aq '1LLEE ~P~3oij 'P~°JugS '°nuoAV ~3gd qUoN 00E 'llgH ~3 s~ ss~ppe asoq~ ~p!jolH '~unoD o{ou~moSjo UO~S{A}pqnS leo[1Hod e 'gp}aolt 'pJoJugS Jo ~llD oql pu~ ,.BO&DVH&NO3.. aql pollg~ .x~utgaoq ~o~'~ I~ ~ ~ ~ ~ ~)sojp gsoq~ 'ep~JolH Jo olelS oq) u~ ssgu~snq ~onpuoo ol poz~Joqlng All deliverable analysis, reference data, survey data, plans, and reports that result from the CONTRACTOR's services under this Agreement shall become the property of the CITY after final payment for the specific service provided is made to CONTRACTOR. Any changes or revisions to the document furnished by CONTRACTOR made by CITY or its agents without the written approval of CONTRACTOR shall be the responsibility of the CITY. 3.5 CONSTRUCTION SERVICES · 1 In order to complete the Work, the CONTRACTOR shall provide all necessary construction supervision, inspection, and construction equipment, construction labor, materials, tools and subcontracted items. .2 The CONTRACTOR shall give all notices and comply with all laws and ordinances legally enacted at the date of execution of the Agreement which govern the proper performance of the Work. .3 The CONTRACTOR shall prepare and maintain a Schedule of Work. This schedule shall indicate the dates for the start and completion of the various stages of the construction including the dates when information and approvals are required from the CITY. It shall be revised as required by the conditions of the Work. .4 The CONTRACTOR, directly or through its Subcontractors, shall erect and properly maintain at all times, as required by the conditions and progress of the Work, necessary safeguards for the protection of workers and the public. The CONTRACTOR shall take necessary precautions for the safety of its employees on the Project, and shall comply with all applicable provisions of federal, state and municipal safety laws to prevent accidents or injury to persons on, about or adjacent to the Project site. The CONTRACTOR, however, shall not be responsible for the elimination or abatement of safety hazards created or otherwise resulting from work at the Project site carried on by the CITY or its employees, agents, separate contractors or tenants. The CITY agrees to cause its employees, agents, separate contractors and tenants to abide by and fully adhere to all applicable provisions of federal, state and municipal safety laws and regulations. The above provision shall not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with all applicable provisions of relevant laws. .5 The CONTRACTOR shall keep such full and detailed accounts as may be necessary for proper financial management under this Agreement. The CITY shall be afforded access to all CONTRACTOR's records, books, correspondence, instructions, drawings, receipts, vouchers, memorandums and similar data relating to Change Order work performed on the basis of actual cost. The CONTRACTOR shall preserve all such records for a period of three years after the final payment or longer where required by law. .6 The CONTRACTOR shall provide periodic written reports to the CITY on the progress of the Work as agreed to by the CITY and CONTRACTOR, .7 At all times the CONTRACTOR shall maintain the site of the Work free from debris and waste materials resulting from the Work. At the completion of the Work, the CONTRACTOR shall remove from the premises all construction equipment, tools, surplus materials, waste materials and debris. 3.6 WARRANTIES AND COMPLETION .1 The CONTRACTOR warrants that all materials and equipment furnished under this Agreement will be new unless otherwise specified, of good quality, in conformante with the Contract Documents, and free from defective workmanship and materials. Warranties shall commence on the date of Substantial Completion of the Work or of a designated portion. The CONTRACTOR agrees to correct all construction performed under this Agreement which proves to be defective in workmanship and materials within a period of one year from the date of Substantial Completion as set forth in Paragraph 5.2.2 or for such longer periods of time as may be set forth with respect to specific warranties required by the Contract Documents. Page3ofl2 .2 Those products, equipment, systems or materials incorporated in the Work at the direction of or upon the specific request of the CITY shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description on the face thereof. 3.7 ADDITIONAL SERVICES The CONTRACTOR shall provide or procure Additional Services upon the request of the CITY. A written agreement between the CITY and CONTRACTOR shall define the extent of such Additional Services, such Additional Services shall be considered a Change in the Work, unless they are specifically included herein. 3.8 EQUAL OPPORTUNITY EMPLOYMENT The CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race~ color, religion, sex, age, disability, or national origin and will take steps to ensure that applicants are employed, and employees are treated during employment, without regard to race, color, religion, sex, age. disability, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruiting advertising, layoff or termination~ rates of pay or other forms of compensation, and selection for training, including apprenticeship. 3.9 CONTINGENT FEES CONTRACTOR warrants that it has not employed or retained any company or persons, other than a bonafide employee working solely for the CONTRACTOR, to solicit or secure this Agreement and the CONTRACTOR has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of the Agreement. For the breach or violation of this provision, CITY shall have the right to terminate the Agreement at its discretion, without I/ability and to deduct from the Agreement price~ or otherwise recover, the full amount of such fee~ commission, percentage. gift or consideration. 3.10 INSURANCE 3.10.1 GENERAL CONTRACTOR shall at the CONTRACTOR's own cost, procure the insurance required under this section. a. CONTRACTOR shall furnish the CITY with a Certificate of Insurance signed by an authorized representative of the insurer evidencing the insurance required by this section (Professional Liability, Workers' Compensation/Employer's Liability and Commercial General Liability). The CITY, it officials, officers, and employees shall be additional named insured under the Commercial General Liability policy. The Certificate of Insurance shall provide that the CITY shall be given not less than thirty (30) days written notice prior to the cancellation or restriction of coverage. Until such time as the insurance is no longer required to be maintained by the CONTRACTOR, the CONTRACTOR shall provide the CITY with a renewal or replacement of Certificate of Insurance not less than thirty (30) days before expiration or replacement of the insurance for which a previous certificate has been provided. b. The certificate shall contain a statement that it is being provided in accordance with the Agreement and that the insurance is in full compliance with the requirements of the Agreement. Provide further, that in lieu of the statement on the Certificate, the CONTRACTOR shall, at the option of the CITY submit a sworn, notarized statement from an authorized representative of the insurer that the certificate is being provided in accordance with the Agreement and that the insurance is in full compliance with the requirements of the Agreement. c. In addition to providing the Certificate of Insurance, if required by the CITY, the CONTRACTOR shall, within thirty (30) days after receipt of the request, provide the CITY with a certificate copy of the policies of insurance providing the coverage required by this section. d. Neither approval by the CITY or failure to disapprove the insurance furnished by CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTOR's full responsibility for performance of any obligation including CONTRACTOR's indemnification of CITY under this Agreement. 3.10.2 INSURANCE COMPANY REQUIREMENTS Insurance companies providing the insurance under this Agreement must meet the following requirements: Page 4 of 12 a. Companies issuing policies other than Workers' Compensation, must be authorized by maintaining Certificates of Authority issued to the companies by the Department of Insurance of the state of Florida to conduct business in the State of Florida. Policies for Workers~ Compensation may be issued by companies authorized as a group of self-insurer by Section 440.57, Florida Statutes. b. If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: I) lose its Certificate of Authority, 2) no longer comply with Section 440.57, Florida Statutes, or 3) fail to maintain the Bests' Rating and Financial Size Category, the CONTRACTOR shall, as soon as the CONTRACTOR has knowledge of any such circumstance, immediately notify the CITY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this agreement. Until such time as the CONTRACTOR has replaced the unacceptable to the CITY the CONTRACTOR shall be deemed to be in default of this Agreement. 3.10.3 SPECIFICATIONS Without limiting any of the other obligations or liability of the CONTRACTOR, the CONTRACTOR shall, at the CONTRACTOR's sole expense, procure, maintain and keep in force amounts and types of insurance conforming to the minimum requirements set forth in this Section. Except as otherwise specified in the Agreement, the insurance shall become effective prior to the commencement of work by the CONTRACTOR and shall be maintained in force until the Agreement completion date. The amounts and types of insurance shall conform to the following minimum requirements. .I WORKERS' COMPENSATION/EMPLOYER'S LIABILITY a. CONTRACTOR's insurance shall cover the CONTRACTOR and its subcontractors of every tier for those sources of liability which would be covered by the latest edition of the standard Worker's Compensation Policy, as filed for used in Florida by the National Council on Compensation Insurance, without restrictive endorsements. In addition to coverage is to be included for the United States Longshoremen and Harbor Workers' Compensation Act, Federal Employers' Liability Act and any other applicable federal or state law. b. Subject to the restrictions of coverage found in the standard Workers' Compensation Policy, there shall be no maximum limit on the amount of coverage for liability imposed by the Florida Workers' Compensation Act, the United States Longshoremen's and Harbor Workers' Compensation Act, or any other coverage customarily insured under Pan One of the standard Workers' Compensation Policy. c. The minimum amount of coverage under Part Two of the standard Workers' Compensation Policy shall be: $500,000 (Each Accident) $1,000,000 (Disease-Policy Limit) $500,000 (Disease-Each Employee) .2 COMMERCIAL GENERAL LIABILITY a. The CONTRACTOR's insurance shall cover the CONTRACTOR for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG O0 01 ), as filed for use in the State of Florida by the Insurance Services Office, without the attachment of restrictive endorsements other than the elimination of Coverage C, Medical Payment and the elimination of coverage for Fire Damage Legal Liability. b. The minimum limits to be maintained by the CONTRACTOR (inclusive of any amounts provided by an Umbrella or Excess Policy) shall be those that would be provided with the attachment of the Amendment of Limits of insurance (Designated Project or Premises) endorsement (ISO Form CG 25 01 ) to a Commercial General Liability Policy with amount of specified for each proj eel: CoveraRe Limits General Aggregate Three (3) Times the Each Occurrence Limit Page5ofl2 ~lJo9:~ud pu~ s~oHddns 's~oW~,uo~qnS s,~OK)Vxd,LNOD ~q, q~ ~u~unmmo~ 'HOIDVH~NOD ~q~ o~ ~o~ou u~p~ ~dmo~d OA~ II~qs AIID ~q~ '~o~ ~q~ u~ ~o3op ~o ~ln~j Xu~ ~o s~u~n~oO log~uo3 oql jo s~uomoJ}nbo~ oql loom ol o~nHuJ ~o uo[ss}mo 'jo~o ~ue jo ~ 'suolmugHqo ~! ol puodso~ Xlom~{ pug ~o~ 3o olnpoqoS oql ~o~Ao~ l}~qs ~13 oq~ I' NOI133HlSN03 DMIHRO S31II]lfllSNOJS3H ~'~ ' ~ 'p qd~u~gd slq, Xq p~ uo}lem~oJu} oqUo XogJno~g p~ ssou~,oldmoD oq{ uo XIo~ o1 poi{}~uo oq lleqs HO~3VH~N03 ~q~ ~oq~o p. {ggol ~u}Pnlou} 'so~mo~s luouum~od o~Jo uo}leAouo~ ~o ~o~dnooo 'osn oql ~oj poj~nbo~ sog~uqo puu sooJ 'sl}m~od ~sso~ou '~uomssos. puu sluomo~ '~u~u~zo~ '~o~Ao~ uuld ol}s 'sluAo~dde ~ssooou '~uomn~oO l~eauo3 o~ u} pop[Ao~d p~ '.poo~ ~llgmnm. ~o ~l ~q p~lnbo~. uo~{gn~lsuo~ ~ul~np sool~os gugs~{ p~ uolloodsu~ 'q ~suo~le~msoAu} puu ~odo~ 'so}pros imuomuo~}Auo p~ oouMnsqns 'suo[l~puoo ~ul{s[xo 'suolldl~osop l~go[ 'suo[lenlgAo oils 'sXo~ns ~u}pnpu} 'o{}s oqljo so}ls}~l.~eq9 {g9}sXqd oq{ ~ulq!~sop uop~oJu! :opSAoid iluqs :loofo~d o~ ~oj ~uom~!nbo~ ~u!p~o~ ~ou~m ~l~m}{ u u} uo[lum~oJu~ II~ oPlAo~d lluqs A~I3 oq~ 1' S]!l!qlflSNOdS]H S,AII3 s!~3o suo}~od ~oqlo Xue ~o uoll~S e ~pun uo[l~gHqo ~ mo~ ~}l~q~l13o sluo~ ~o sooXoldm~ ~ 'HO~3VH~N03 oql OAOHOa lou lleqs ~uomo~}nbo~ ~9uemsu[ ~u[o~o~oj oq3 ql[~ SNOIIVDIqflO 's}~q oouo~nooo ~ uo uooq o~oAo~ oql psq pO~OAO~ uOoq OAgq plnO~ qO]q~ pug po~[nbo~ q3}q~ ~o~ po]~od oql ~u8~ollo3 s~eo~ (~) oo~ql u}ql}~ po~odo~ smEel~ ileol puodso~ lsnm ~q{ 'sl~q op~m-sm}el~ e j} '~o 'sl~q oouo~n~o ug uo ~q ~oq{~o lsnm ~oHod o~u~nsu} s[ql Xq po~lnbo~ ~HlqeH le~ouoD {e}9~o~mo3 oql pue X~llod uo[lusuodmo3 ,s~o~o~ oq~ 'HO~3VH~N03 ~um}~d ~ uo ~idde iluqs ,uomoo~gv slql ol l~ns~nd HO~3VH~N03 oql ~q pop}Ao~d o~u~nsu] oq~ ~DV~HA03 '(00'000'00~$) S~Vq~OO O01/ON ONV ONVSfiOH~ O~ONfiH BAH aq~ ssaI louJo s~[mH ~no {Igqs BO~DVH~NOD 33MVH3SMI A~!ql~Viq qVMOISSi~OBd 00'000'00~$ l[mH ~nful gUIS}~aApV ~ [euos~od Architect/Engineer only through the CONTRACTOR. The CITY shall have no contractual obligations to Subcontractors. suppliers. or the Architect/Engineer. ARTICLE 5 CONTRACT TERMS 5.1 SUB CONTRACTORS Work not performed by the CONTRACTOR with its own forces shall be performed by Subcontractors. .! RETAINING SUBCONTRACTORS The CONTRACTOR shall not retain any Subcontractor to whom the CITY has a reasonable and timely objection. The CONTRACTOR shall not be required to retain any Subcontractor to whom the CONTRACTOR has a reasonable objection. .2 MANAGEMENT OF SUBCONTRACTORS The CONTRACTOR shall be responsible for the management of the Subcontractors in the performance of their work. .3 ASSIGNMENT OF SUBCONTRACT AGREEMENTS The CONTRACTOR shall provide for assignment ofsubcontract agreements in the event that the CITY terminates this Agreement for cause. Following such termination, the CITY shall notify in writing those subcontractors whose assignments wilt be accepted, subject to the rights of surefies, if any. 5.2CONTRACT TIME · ' 7. W/and ,ha,l proceed in eueral accordance with the Schedule of Work as such schedule may be mended from time to time, subject, however, to the provisions of Paragraph 3.3. a. The CITY will issue purchase orders against this contract with work directives of approximately 25 to 35 percent (%) of the total annual estimates. ,2 SUBSTANTIAL COMPLETION The date of Substantial Completion of the Work shall be no later than X~ '7~2~c,~ subject to adjustment in accordance with the provisions of Article 5.5. .3 CONTRACT RENEWAL The contract shall commence upon execution by both parties and extend for a period of twelve (12) months. This contract may be renewed for an additional two (2) 12-month periods, up to a maximum of thirty-six (36) months upon mutual agreement of both parties. If any such renewal results in changes of the terms or conditions, such changes shall be reduced to writing as an addendure to this contract and such addendure shall be executed by both parties. Renewal of contract shall be subject to appropriation of funds by the Sanford City Commission. a. CONTRACTOR may subm it for rate increases on unit prices during time of contract renewal. Rate increases must be submitted in writing, defining the increase and cause with any new terms or conditions. All requests wilt be submitted to Sanford City Commission for approval/rejection. 5.3 DELAYS IN THE WORK .1 Any necessary modifications to the terms of the contract shall be negotiated between the CITY and CONTRACTOR. .2 In the event delays to the project are encountered for any reason, the parties agree to undertake reasonable Page7ofI2 Sanford, Florida 32772-1788 5.6.2 AUDIT CITY may pertbrm or have an audit of the records oFCONTRACTOR after final payment to support final payment hereunder. This audit would be performed at a time mutually agreeable to CONTRACTOR and CITY subsequent to the close of the final fiscal period in which the last work is performed. Total compensation to CONTRACTOR may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to CONTRACTOR. Conduct of this audit shall not delay final payment. In the event of a dispute related to modification of finat payment arising from the audit, the parties agree to utilize dispute resolution procedures contained in paragraph 5.7 herein. 5.7 CLAIMS AND DISPUTES .1 Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the c]aimant to the other party to the Contract promptly, (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Ctaim, dispute, or other mat~.er with supporting data shall be delivered to the other party to the Contract within 60 days after the start of such event. A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 5.5. A Claim for an adjustment in Contract Time shall be prepared with the provisions of paragraphs 5.2 and 5.3. Claim shall be accompanied by claimant's written statement that the adjustment ctaimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to the claimant within 30 days a~cer receipt of the claimant's last submittal. .2 In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust C1TY's administrative dispute procedures prior to filing suit, or .3 In the event that CITY administrative dispute procedures are exhausted and the dispute is unresolved, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. 5.8 TERMINATION OF THE AGREEMENT 5.8.1 SUSPENSION OF WORK AND TERMINATION .1 CITY may suspend work a. At any time and without cause, CITY may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CONTRACTOR, which will fix the date on which Work will be resumed. CONTRACTOR shall resume the WORK on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes a Claim thereof as provided in paragraph 5,7. .2 CITY may terminate for cause a. The occurrence of any one or more of the following events will justify for cause: I. CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 3.2. 2. CONTRACTOR's disregard of Laws or Regulations of any public having jurisdiction; 3. CONTRACTOR's disregard of the authority of the CITY; or Page9ofl2 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. b. If one or more of the events identified in paragraph 5.8.1.2 occur, CITY may, after giving CONTRACTOR (and tile surety, if any) seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment, and machinery on Site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which CITY has paid CONTRACTOR but which are stored elsewhere, and finish the WORK as CITY may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including, but not limited to all fees and charges of engineers, architects, attorneys, and other professionaIs and all court or other dispute resolution costs) sustained by CITY arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to CITY. Snch claims, costs, losses, and damages incurred will be reviewed by CITY as to the reasonableness and, when approved shall be, incorporated in a Change Order. When exercising any rights or remedies under this paragraph C1TY shall not be required to obtain the lowest price for the Work performed. c. When CONT RACTO R's services have been so terminated by CITY, the termination will not affect any rights or remedies of CITY against CONTRACTOR then existing or which may thereaRer accrue. Any retention or payment of moneys due CONTRACTOR by CITY will not release CONTRACTOR from liability. 5.8.2 CITY MAY TERMINATE FOR CONVENIENCE .1 Upon seven days written notice to CONTRACTOR and Engineer, CITY may, without cause and without prejudice to any other right or remedy of CITY, elect to terminate the Contract. In such case, CONTRACTOR shall be paid without duplication of any item: a. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of term ination, at unit prices specified on CONTRACTOR'S submitted bid form (attached); b. for all claims, costs, losses, and damages (including, but not limited to all fees and charges of CONTRACTOR's, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred in settlement of terminated contracts with subcontractors, Suppliers, and others; and c, For reasonable expenses directly attributable to termination. .2 CONTRACTOR shall not be paid on amount of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 5.8.3 CONTRACTOR MAY STOP WORK OR TERMINATE .1 If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by CITY or under an order of court or other public authority, fails to act on any Application of Payment within 30 days at~er it is submitted, or CITY fails for 30 days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven written days notice to CITY and Engineer, and provided CITY does not remedy such suspension or failure within that time, terminate the Contract and recover from CITY payment on the same terms as provided in paragraph 5.8.2. In lieu of terminating the Contract and without prejudice to any other right or remedy, if CITY has failed to act on an Application of Payment within 30 days altar it is submitted, or CITY has failed for 30 days aRer it submitted, or CITY has failed for 30 days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may, seven days after written notice to CITY, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 5.8.3 are not intended to preclude CONTRACTOR from making a Claim under paragraph 5.7 for an Page 10 of 12 Charles T. Hargrove Support Services Coordinator 300 N. Park Avenue, P.O. Box 1788 Sanford, Florida 32772-1788 For CONTRACTOR: Authorized Representative Jx, mr T. Gawacl Title C.O. O. Address 1836 Woodward St, Suite 102 City, State, Zip Orlando, FL 32803 .11 RIGHTS AT LAW RETAINED The rights and remedies of the CITY, provided for under this Agreement, are in addition to any other rights and remedies provided by law. 5.10 EXISTING CONTRACT DOCUMENTS The Contract Documents in existence at the time of execution of this Agreement are as follows: .I NAME,(CONTRACTOR)submittalforRequestForProposalNo. IFB 00/01-13 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement for the purposes stated herein. ARest' C ~~A~ Page 12 of 12 CITY OF SANFORD MINIMUM SPECIFICATIONS CONCRETE CONSTRUCTION/REPAIR IFB 00/01-13 The City of Sanford hereby submits the following minimum specifications for the construction and repair of miscellaneous sidewalks, driveways, curbs, and gutters. The City of Sanford reserves the right to reject any or all bid, or to accept the bid(s) that is most beneficial to the City of Sanford. For questions pertaining to the following, please contact Vicki Lewis, Purchasing Agent, (407) 330- 5613, 8:00 a.m. to 5:00 p.nt Intent: It is the intention of the City to enter into a one (1) year term contract, (attached), with renewal option for two additional one year terms - three years total, for the construction of sidewalk and related concrete services. The proposed work for each annual term will consist of the removal/replacement and/or installation of approximately sixty (60) street blocks of concrete sidewalk and associated structures. This will include removal/replacement and/or the installation of handicap ramps (as per the attached detail) and the associated curbs and gutters at all street intersections. Some residential sidewalks and driveways, which are located adjacent to the proposed sidewalks will be removed/replaced, (as little as possible), in order to reduce "trip hazards" and provide smooth transitions. In order to prolong the life of the new sidewalk and reduce the cutting and/or removal of conflicting tree roots, the proposed sidewalks may be routed around existing trees and not replaced in the same location. The list of sidewalks proposed for removal/replacement is attached (Exhibit A). The City intends to release work directires in approximately 25 to 35 percent (%) of the total annual estimates. It shall be understood by all bidders that all quantities are estimates only and the City is not obligated to purchase any minimum or maximum amount during the life of the contract other than the quantities indicated in individual work directives. Bidders are required to examine the sidewalks, and it is assumed that the bidder has satisfied themselves as to the conditions to be encountered with regard to the quality and quantities of work to be performed and materials required to complete this project. The Contractor shall provide individual unit prices for each item shown on the "Bid Form." All pricing shall include all costs for labor, materials installed, removal and disposal of materials, mobilization, overhead, traffic control, and clean up. General Instructions to Bidders: The specifications contained herein outline the basic requirements for the removal/replacement arid/or installation of concrete sidewalks and related structures. A. General: 1. Contractor shall provide all labor, equipment, tools, transportation, materials, and other items necessary to completely remove and/or install the sidewalks and related structures described herein. This work shall include but not be limited to: excavation, disposal, root removal, Concrete Work- Page 1 of 4 backfill; compaction, forming - placing - curing - finishing and jointing of concrete, testing, and sodding/restoration of work area. 2. Bidders shall include all costs for mobilization, bends, insurance, traffic control, root removal, clearing, grubbing, clean up, overhead, profit, and all other related costs shall be incorporated in the bid unit prices on the Bid Form (attached). No additional compensation abeve the unit prices bid will be allowed. 3. Contractor shall execute and fumish to the City, with the completed bid package, the attached Bid Bond in the amount of twenty five thousand and no/100 dollars ($25,000.00). 4. Exact location of sidewalks shall be as directed by the City' s designated representative. Under most circumstances, sidewalks will be removed and replaced in the same location, but sidewalks may be adjusted to fit field conditions. Typical sidewalks will be five (5) feet wide, but may be more or less as directed by the City. 5. Contractor shall provide reasonable measures to maintain vehicular and pedestrian access to businesses and residences at all times. Proper safety devices shah be used to direct vehicular and pedestrian traffic around and through construction areas at all times during the work. All traffic control shall be in accordance with the latest edition of the Florida Department of Transportation" Manual of Uniform Traffic Control and Safety." 6. Construction debris will not be allowed to accumulate and must be removed daily. Contractor shall confine all work and equipment to within City ROW and easements. 7. Any and all damage to City and/or Private property, caused by the Contractor' s work or negligent work thereof, shall be cleaned and/or repaired by the Contractor at the Contractor' s expense. B. Materials: 1. Concrete: All sidewalks, driveways, curbs and gutters, etc. shall be made of Portland concrete with a minimum twenty-eight (28) day compression strength of 3000 p.s.i. A minimum slump of four inches (4 ") on all concrete placed shall be maintained by the Contractor. The City reserves the right to require Contractor to field verify slump/strength on any and all concrete placed. Defective materials are subject to replacement at the expense of the Contractor. 2. Form Materials: All forms used shall be of either wood or metal with a depth equal to the plan dimensions for the depth of concrete being deposited against them, Forms shall be straight, free from warp or bends, and have sufficient strength when staked to resist the pressure of the concrete without deviation from line and/or grade. Contractor shall clean the forms each time they are used, and oil or saturate with water prior to placing the concrete. 3. Root Barrier: Contractor shall install a root barrier, pending location of existing trees and the extent of interference caused by them with new sidewalks. All root barrier (ie. BioBarrier~ or pre-approved equivalent) will be supplied by the City and shall be installed by the contractor per the suppliers specifications. The use of root barrier will be determined by a designated City representative prior to commencement of construction. Coneret~ Work - Page 2 of 4 C. Excavation: Contractor shall replace or repair all existing sidewalks, driveways, curbs and gutters removed, disturbed, and/or destroyed by construction. All finished work shall be finished equal to or better than the original in all respects. D. Fill: All fill material required to bring the grade up to the specified profile grade line, shall be suitable mater'ml that is flee of trash, wood, roots, used concrete or other matter/material that would prevent sufficient compaction or be detrimental to the stability of the concrete placed. E. Depth of Forms: The construction of all sidewalks shall be 4 inches thick and all driveways shall be 6 inches thick. Sidewalks through driveway areas and wheelchair ramps shall be 6 inches thick. F. Foundation/Placement: All concrete shall be placed on undisturbed native soil or placed on a properly filled/compacted (FBV 75%) foundatiom Soils and form boards shall be properly soaked prior to the placement of any concrete. G. Joints: 1. C~ntra~torshallf~rm~ne~ha~f(½~~)inchthi~kexpansi~nj~intswithapre-f~rmedexpansi~n joint filter, equal in depth to the concrete being poured, between sections of curb, sidewalk, driveway/apron, and at all points were operations cease for any considerable amount of time, such as; the end of the "day's run," etc. Expansion filter materials shall be submitted to the City for approval prior to use. 2. Contraction joints shall be no more than 5 feet apart and may be of the open type or sawn. Open type contraction shall be formed by staking a metal bulkhead in place and depositing the concrete on both sides. Alter the concrete has sufficiently set - shaping the joint, Contractor shall remove the bulkhead, finish the sidewalk over the joint, and edge the slot with a one-half(½") inch radius tool. Sawn contraction joints shall be formed by cutting a slot approximately 3/16 inch wide, not less than one and a half (1 ~ ") inches deep the full width of the sidewalk, with a concrete saw within twenty-four (24) hours of placement. H. Finishing: 1. Contractor shall strike off the concrete by means of a wood or metal screed used perpendicular to the forms in order to obtain the required grade, and remove surplus water and latehey. 2. A broom firfish shall be utilized for all concrete surfaces. 3. The surface variations shall be no more than one quarter (¼") inch under a 10-foot straight edge, no more than one eighth (1/8") inch on a 5 foot transverse section. 4. Contractor shall carefully finish the edge of the sidewalk with an edging tool having a radius of one half(½") inch. 5. Finished concrete surfaces shall show no sign of exposed aggregate. 6. Vandalism effecting the integrity of the concrete, (ie. rock, "trip hazards," writing, etc.), will be repaired and/or replaced at the contractors expense. In all cases a city representative will make the determination whether repairs and/or replacement is necessary. Concrete Work - Page 3 of 4 I. Testing: City reserves the right to have independent tests of sample pours and slumps. Contractor shall be responsible to remove and replace construction not meeting specifications. J. Back Filling and Compaction: The Contractor shall, after the concrete has set sufficiently, remove all forms and refill the spaces adjacent to the concrete to the required elevation with suitable material. K. Restoration 1. Sodding: A maximum of one (1') foot of sod, (matching/good quality), on each side of structures can be disturbed and compensated for at bid rates. All disturbed areas outside of the one ( 1 ') foot allowance shall be re-sodded by the Contractor with matching, good quality sod at their expense. Contractor will be compensated, in addition to the one (1') foot allowance at bid rates, for sodding (matching/good quality) areas where sidewalk(s) are removed and relocate& 2. Spr'mkler Systems: Contractor shall repair and/or replace, at their own expense, all damage to sprinkler systems caused by their work with materials equal to or better than exist'rag. This includes nominal sprinkler system repairs/replacements which may be required due to typical sidewalk/driveway/curb and gutter replacements. Contractor will be compensated for sprinkler repairs and/or installations that are needed due to new sidewalk, driveway, curb/gutter installations and/or relocations. In all cases a city representative will make the determination whether repairs and/or replacement are necessary and whether or not they will be compensated for. Compensation for approved repairs/replacements will include cost ofmateriais plus ten percent (10%) and the cost of Contractor's labor at the rate specified on the bid form. For all compensated spr'mkler system repairs, Contractor shall submit a cost estimate prior to perfonn~ the work. Emergency repairs to prevent leaks on systems may be exempt from this requirement, but the Contractor shall at a minimum verbally notify the designated City representative of intentions prior to commencement. L. All structures, work, and materials shall confirm to the City of Sanford Land Development Regulations unless specifically noted hereira Con~r~te Work - Page 4 of 4 EXHIBIT A Proposed 1st Year Sidewalk Repair Plan Proposed E 2nd St Pine Ave Cypress Ave. South Side 272 5 2 E 3rd St. Sanford Ave. Cypress Ave. South Side 310 5 2 W 4th St Myrtle Ave. Oak Ave. South Side 160 5 0 W 6th St. Laurel Ave. Ehn Ave. South Side 300 5 1 W 7th St. Park Ave. Oak Ave. South Side 295 5 0 W 7th St. Elm Ave. Laurel Ave. North Side 302 5 2 E 8th St. Magnolia Ave. Park Ave. South Side 288 5 1 W 8th St. Myale Ave. Oak Ave. North Side 301 5 0 W 9th St Pavt. Change Maple Ave. North Side 225 5 1 W 9th St Maple Ave Holly Ave. North Side 301 5 2 W 9th St Maple Ave Holly Ave. South Side 301 5 2 E 14th St. Valencia St. Pine Ave. South Side 366 5 1 E 18th St. Palmetto Ave. Magnolia Ave. South Side 160 5 1 W 20th St. Oak Ave. Oak Ave, South Side 110 5 0 Avocado Ave. W 4th St. W 5th St, West Side 302 5 2 Commercial St. Palmetto ave. Sanford Ave. South Side 280 12 0 Cypress Ave. E 2nd St. E 3rd St. West side 130 5 2 Cypress Ave, E 3rd St. E 4th St, West Side 148 5 2 Cypress Ave. E 3rd St. E 4th St. East Side 302 5 2 Cypress Ave. E 6th St. E 7th St. West side 302 5 2 Page 1 of 3 EXHIBIT A Proposed 1st Year Sidewalk Repair Plan Proposed Cypress Ave. E 8th St. E 9th St. West Side 300 5 1 Elm Ave. W 2nd St. W 3rd St. West Side 301 5 2 Elm Ave. W 3rd St. W 4th SL West Side 301 5 0 Elm Ave. W 8th St. W 9th St. West Side 300 5 1 Elm Ave. W 9th St. W 10th St. West Side 301 5 2 Elm Ave. W 10th St. W 11 th St. West Side 301 5 2 French Ave. W 271h St. Pinecrest Dr. East Side 600 5 0 Holly Ave. W 3rd St. W 4th St. West Side 301 5 2 Lake Ave. W 16th St. W 18th St. West Side 640 5 0 Laurel ave. W 6th St. W 7th St. East Side 302 5 2 Laurel Ave W 10th St. W 1 lth St. West Side 180 5 1 Magnolia Ave. E 4th St. E 5th St. East Side 300 5 0 Magaolia Ave. E 10th St. E 11 th St. West Side 295 5 2 Magnolia Ave. E 10th St, E 1 lth St. East Side 295 5 1 Magnolia Ave. E 13th St. E 14th St. East Side 300 5 1 Maple Ave. W 1st St. W 2nd St. West Side 287 5 1 Myffie Ave. W 9th St. W 10th St. West Side 301 5 1 Palmetto Ave. E 3rd St. E 4th St. East Side 310 5 0 Palmetto Ave. E 5th St. E 6th St. East Side 318 5 0 Palmetto Ave. E 7th St. E 8th St. East Side 305 5 0 Page2 of 3 EXHIBIT A Proposed 1st Year Sidewalk Repair Plan Pwposed Palmetto Ave. E 8th St. E 9th St. East Side 305 5 1 Palmetto Ave. E 10th St. E 1 lth St. East Side 297 5 2 Palmetto Ave. E 16th St. R/R Tracks West Side 300 5 0 Palmetto Ave. R/R Tracks E 18th St. West Side 302 5 0 Park Ave. W 3rd St. W 4th St. East Side 298 5 0 Park Ave. W 6th St. W 7th St. West Side 301 5 0 Park Ave. W 7th St. W 8th St. West Side 301 5 0 Park Ave. W 8th SL W 9th St. East Side 301 5 0 Park Ave. W 9th St. W 10th St. East Side 301 5 0 Park Ave. W 14th St. W 15th St. West Side 586 5 2 Park Ave. W 16th St. W 17th St. East Side 270 5 1 Sanford Ave. E 1st St. Commercial Ave. West Side 272 10 0 Sanford Ave. E 6th St. E 7th St. West Side 300 5 0 Sanford Ave. Plumosa Dr. E 14th St. East Side 300 5 1 Scott Dr. Terry Lane Sterling Ave. East Side 280 5 2 Scot'~ Dr. Terry Lane Sterling Ave. West Side 295 5 1 Seminole Blvd. Sanford Ave. 1000 Ft North Side 1135 8 0 Terry Lane ScoR Dr. Cul-de-sac South Side 520 5 1 VirginiaAve. E 4th St. E 8th St. West Side 1060 4 0 Page 3 of 3 -7 "' CITY OF SANFORD AGENDA MEMORANDUM ] DATE January 22. 2001 NO. C ' ;, SUBJECT: Bid Recommendation - Concrete Construction/Repair AUTHORIZED BY: Robert G. Herm NTACT: Ch 5681 MOTION/RECOMMENDATION: C)])3CtA~L~ Recommend Commission award contract for Concrete Construction/Repair - IFB #00/01-13, at  unit prices specified on the attached tabulation sheet as follows: 1) To the bidder with the lowest prices - Core Construction Group, Inc., (Core), Orlando - contingent on satisfactory review of Core's qualifications, or if the review is negative 2) To the bidder with the next lowest prices - U.S. Renovations, (USR), Apopka - contingent on satisfactory review of USP-'s qualifications. BACKGROUND: On January 10, 2001 bids were opened, (seven respondents total), for the Concrete Construction/Repalrproject, lFB#00/01-13. Thisbid isto procure construedon services for the removai/replacement of approximately sixty street blocks of concrete sidewalk end associated structures inclusive of all materials and labor. Attached are bid responses, and a bid tabulation sheet using estimated quantities for bid items and unit pricing offered by all seven respondents. Quantities for the project include, and are limited too, the first year of the Commission approved Five Year Sidewalk Rehabilitation Program. The three bidders with the lowest prices based on this estimate are as follows: o Core Construction Group, Inc. $335,859.50 o U.S. P,enovations $337,297.20 o Plan Estimating Services, Inc. $341,320.00 Staff have reviewed C ore's bid, find their response satisfactory, and recommend contract award to them contingent on satisfactory review of their organization, construction experience, and references. Further, should review of Core's qualifications result in negative response, staff have also reviewed USP,'s bid, find their response satisfactory, and recommend contract award to them as the bidder with second lowest prices, contingent on review of the same items. Upon approval, staff will seek execution of a one year term contract with the selected bidder. The contract contains an option of renewing for two additional one year terms, three years total. If the contractor' s workmanship is satisfactory, the City Commission and staff may renew the contract for the additional terms. Funds are available in Account No. 131-0000-541.63-23 (Renewal/Replacement - Sidewalks). attachments: 2 Reviewed by: CM CA Deputy CM __ ] FinanceDir.~t} Regular Consent X Work Session Briefing Other