Agreement Chin Diesel, Inc.PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
CHIN DIESEL, INC.
FOR
CITYWIDE DEMOLITION SERVICES PURSUANT TO REQUEST FOR
QUALIFICATIONS (RFQ) NO. 2014 -087 -SR
This Professional Services Agreement ("Agreement") is entered into this 2 9 day of
2014 (Effective Date), between the CITY OF MIAMI BEACH, FLORIDA, a
muni peal corporation organized and existing under the laws of the State of Florida, having its
principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and
CHIN DIESEL, INC., a Florida corporation, whose address is 1820 N.E 144th Street, North
Miami, Florida 33181(Contractor).
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Contractor, including any
exhibits and amendments thereto.
City Manager: The chief administrative officer of the City.
Contractor:
Services:
Fee:
For the purposes of this Agreement, Contractor shall be deemed to be
an independent contractor, and not an agent or employee of the City.
All services, work and actions by the Contractor performed or
undertaken pursuant to the Agreement.
Amount paid to the Contractor as compensation for Services.
Proposal Documents: Proposal Documents shall mean City of Miami Beach REQUEST FOR
QUALIFICATIONS (RFQ) No. 2014 -087 -SR for CITYWIDE
DEMOLITION SERVICES, together with all amendments thereto,
issued by the City in contemplation of this Agreement (the RFQ) and
the Contractor's proposal in response thereto (Proposal), all of which
are hereby incorporated and made a part hereof; provided, however,
that in the event of an express conflict between the Proposal
Documents and this Agreement, the following order of precedent shall
prevail: this Agreement; the RFQ; and the Proposal.
Risk Manager:
The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139: telephone number
(305) 673-7000, Ext. 6515: and fax number (305) 673-7023
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SECTION 2
SCOPE OF SERVICES (SERVICES)
2.1 In consideration of the Fee to be paid to Contractor by the City, Contractor shall
provide the work and services described in Exhibit "A" hereto (the Services).
SECTION 3
TERM
The term of this Agreement (Term) shall commence upon execution of this Agreement by all
parties hereto, as set forth by the Effective Date on page 1 hereof, and shall have an initial
term of three (3) years, with two (2) one year renewal options, to be exercised at the City
Manager's sole option and discretion, by providing Contractor with written notice of same no
less than thirty (30) days prior to the expiration of the initial term (or a renewal term, as the
case may be).
SECTION 4
FEE
The pre -qualified contractor(s), including Contractor, shall be invited to offer a lump sum bid
amount for a turnkey operation of demolition work, to include fees for all labor, material,
permits, licenses, supervision, equipment, debris removal/disposal, dumping/tipping fees,
and final site leveling/grading and grass/sod installation, as required by City. This lump sum
bid amount shall also include all costs (as a pass-through to the City) associated with the
asbestos and lead based paint surveys, if required by City.
4.4 INVOICING
Upon receipt of an acceptable and approved invoice, payment(s) shall be made within thirty
(30) days for that portion (or those portions) of the Services satisfactorily rendered (and
referenced in the particular invoice).
Invoices shall include a detailed description of the Services (or portions thereof) provided,
and shall be submitted to the City at the following address:
City of Miami Beach
Building Department
1700 Convention Center Drive, 2nd Floor
Miami Beach, Florida 33139
Attn: Building Official
SECTION 5
TERMINATION
5J TERMINATION FOR CAUSE
If the Contractor shall fail to fulfill in a timely manner, or otherwise violates, any of the
covenants, agreements, or stipulations material to this Agreement, the City, through
its City Manager, shall thereupon have the right to terminate this Agreement for
cause. Prior to exercising its option to terminate for cause, the City shall notify the
Contractor of its violation of the particular term(s) of this Agreement, and shall grant
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Contractor ten (10) days to cure such default. If such default remains uncured after
ten (10) days, the City may terminate this Agreement without further notice to
Contractor. Upon termination, the City shall be fully discharged from any and all
liabilities, duties, and terms arising out of, or by virtue of, this Agreement.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City
for damages sustained by the City by any breach of the Agreement by the Contractor.
The City, at its sole option and discretion, shall be entitled to bring any and all
legal/equitable actions that it deems to be in its best interest in order to enforce the
City's right and remedies against Contractor. The City shall be entitled to recover all
costs of such actions, including reasonable attorneys' fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONTRACTOR OF
SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30)
DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF SUCH NOTICE. IF THE
AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY,
CONTRACTOR SHALL BE PAID FOR ANY SERVICES SATISFACTORILY
PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE
CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND
TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the
Contractor is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obligations for
the parties shall be the same as provided for in Section 5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers,
employees, agents, and contractors, from and against any and all actions (whether at law or
in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys'
fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to
property, which may arise or be alleged to have arisen from the negligent acts, errors,
omissions or other wrongful conduct of the Contractor, its officers, employees, agents,
contractors, or any other person or entity acting under Contractor's control or supervision, in
connection with, related to, or as a result of the Contractor's performance of the Services
pursuant to this Agreement. To that extent, the Contractor shall pay all such claims and
losses and shall pay all such costs and judgments which may issue from any lawsuit arising
from such claims and losses, and shall pay all costs and attorneys' fees expended by the
City in the defense of such claims and losses, including appeals.
The parties agree that one percent (1%) of the total compensation to Contractor for
performance of the Services under this Agreement is the specific consideration from the City
to the Contractor for the Contractor's indemnity agreement. The provisions of this Section
6.1 and of this indemnification shall survive termination or expiration of this Agreement.
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6.2 INSURANCE REQUIREMENTS
The Provider shall furnish to the Department of Procurement, City of Miami Beach, 1700
Convention Center Drive, 3rd Floor, Miami, Florida 33139, Certificate(s) of Insurance which
indicate that insurance coverage has been obtained which meets the requirements as
outlined below:
A. Worker's Compensation Insurance for all employees of the vendor as required
by Florida Statute 440.
B Commercial General Liability Insurance on a comprehensive basis, including
Personal Injury Liability, Products/Completed Operations, in an amount not
less than $1,000,000 combined single limit per occurrence for bodily injury and
property damage. City of Miami Beach must be shown as an additional
insured with respect to this coverage.
C. Automobile Liability Insurance covering all owned, non -owned and hired
vehicles used in connection with the work, in an amount not less than
$1,000,000 combined single limit per occurrence for bodily injury and property
damage. City of Miami Beach must be shown as an additional insured
with respect to this coverage.
All insurance policies required above shall be issued by companies authorized to do
business under the laws of the State of Florida, with the following qualifications:
The company must be rated no Tess than "B" as to management, and no Tess
than "Class V" as to financial strength, by the latest edition of Best's Insurance
Guide, published by A.M. Best. Company, Oldwick, New Jersey, or its
equivalent, subject to the approval of the City Risk Management Division.
or
The company must hold a valid Florida Certificate of Authority as shown in the latest
"List of All Insurance Companies Authorized or Approved to Do Business in Florida"
issued by the State of Florida Department of Insurance and are members of the
Florida Guaranty Fund.
Certificates will indicate no modification or change in insurance shall be made without thirty
(30) days in advance notice to the certificate holder.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
3RD FLOOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and
obligation under this section or under any other section of this agreement.
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The Contractor shall maintain and carry in full force during the Term, the following insurance:
1. Contractor General Liability, in the amount of $1,000,000;
2. Contractor Professional Liability, in the amount of $200,000; and
3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes.
The insurance must be furnished by insurance companies authorized to do business in the
State of Florida. All insurance policies must be issued by companies rated no Tess than "B+"
as to management and not less than "Class VI" as to strength by the latest edition of Best's
Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent.
All of Contractor's certificates shall contain endorsements providing that written notice shall
be given to the City at least thirty (30) days prior to termination, cancellation or reduction in
coverage in the policy.
Original certificates of insurance must be submitted to the City's Risk Manager for approval
(prior to any work and/or services commencing) and will be kept on file in the Office of the
Risk Manager. The City shall have the right to obtain from the Contractor specimen copies
of the insurance policies in the event that submitted certificates of insurance are inadequate
to ascertain compliance with required coverage.
The Contractor is also solely responsible for obtaining and submitting all insurance
certificates for any sub -Contractors.
Compliance with the foregoing requirements shall not relieve the Contractor of the liabilities
and obligations under this Section or under any other portion of this Agreement.
The Contractor shall not commence any work and or services pursuant to this Agreement
until all insurance required under this Section has been obtained and such insurance has
been approved by the City's Risk Manager.
SECTION 7
LITIGATION JURISDICTIONIVENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami -Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein, exclusive venue for the enforcement of same shall lie in Miami -Dade
County, Florida. By entering into this Agreement, Contractor and the City expressly waive
any rights either party may have to a trial by jury of any civil litigation related to or arising out
of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on
the City's liability for any cause of action, for money damages due to an alleged. breach by
the City of this Agreement, so that its liability for any such breach never exceeds the sum of
$10,000. Contractor hereby expresses its willingness to enter into this Agreement with
Contractor's recovery from the City for any damage action for breach of contract to be
limited to a maximum amount of $10,000.
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Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor
hereby agrees that the City shall not be liable to the Contractor for damages in an amount
in excess of $10,000 for any action or claim for breach of contract arising out of the
performance or non-performance of any obligations imposed upon the City by this
Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to
be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28,
Florida Statutes.
SECTION 9
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SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Contractor, and at any time during normal
business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized
holidays), and as often as the City Manger may, in his/her reasonable discretion and
judgment, deem necessary, there shall be made available to the City Manager, and/or such
representatives as the City Manager may deem to act on the City's behalf, to audit,
examine, and/ or inspect, any and all other documents and/or records relating to all matters
covered by this Agreement. Contractor shall maintain any and all such records at its place
of business at the address set forth in the "Notices" section of this Agreement.
10.2 [INTENTIONALLY DELETETD]
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Contractor shall not subcontract, assign, or transfer all or any portion of any work and/or
service under this Agreement without the prior written consent of the City Manager, which
consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this
Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless
as approved pursuant to this Section, and any attempt to make such assignment (unless
approved) shall be void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Contractor shall file a State of Florida Form PUR
7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes
with the City's Procurement Division.
10.5 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of the Services, the Contractor shall not discriminate
against any employee or applicant for employment because of race, color, national origin,
religion, sex, gender identity, sexual orientation, disability, marital and familial status, or
age.
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10.6 CONFLICT OF INTEREST
The Contractor herein agrees to adhere to and be governed by all applicable Miami -Dade
County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami -Dade
County Code, and as may be amended from time to time; and by the City of Miami Beach
Charter and Code (as some may be amended from time to time); both of which are
incorporated by reference herein as if fully set forth herein.
The Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirectly, which could conflict in any manner or degree with the
performance of the Services. The Contractor further covenants that in the performance of
this Agreement, no person having any such interest shall knowingly be employed by the
Contractor. No member of or delegate to the Congress of the United States shall be
admitted to any share or part of this Agreement or to any benefits arising there from.
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be
delivered personally to the representatives of the Contractor and the City listed below or
may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a
nationally recognized overnight delivery service.
Until changed by notice in writing, all such notices and communications shall be addressed
as follows:
TO CONTRACTOR:
TO CITY:
Chin Diesel, Inc.
1820 N. E. 144th Street
North Miami, Florida 33181
Attn: Leon C. Chin -You, President
City of Miami Beach
Building Department
1700 Convention Center Drive, 2nd Floor
Miami Beach, Florida 33139
Attn: Building Official
Notice may also be provided to any other address designated by the party to receive notice if
such alternate address is provided via U.S. certified mail, return receipt requested, hand
delivered, or by overnight delivery. In the event an alternate notice address is properly provided,
notice shall be sent to such alternate address in addition to any other address which notice
would otherwise be sent, unless other delivery instruction as specifically provided for by the
party entitled to notice.
Notice shall be deemed given on the day on which personally served, or the day of receipt by
either U.S. certified mail or overnight delivery.
SECTION 12
MISCELLANEOUS PROVISIONS.
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12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality
and of equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of
this Agreement shall not be affected and every other term and provision of this Agreement
shall be valid and be enforced to the fullest extent permitted by law.
12.3 ENTIRETY OF AGREEMENT
The City and Contractor agree that this is the entire Agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and
are not intended to confer any rights or obligations upon the parties to this Agreement.
12.4 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the definition of
"Contractor" as defined in Section 119.0701(1)(a), the Contractor shall:
a) Keep and maintain public records that ordinarily and necessarily would be required by
the public agency in order to perform the service;
b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed
the cost provided in this chapter or as otherwise provided by law;
c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law; and
d) Meet all requirements for retaining public records and transfer to the City, at no City
cost, all public records created, received, maintained and/or directly related to the
performance of this Agreement that are in possession of the Contractor upon
termination of this Agreement. Upon termination of this Agreement, the Contractor
shall destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored electronically must
be provided to the City in a format that is compatible with the information technology
systems of the City.
For purposes of this Article, the term "public records" shall mean all documents, papers,
letters, maps, books, tapes, photographs, films, sound recordings, data processing software,
or other material, regardless of the physical form, characteristics, or means of transmission,
made or received pursuant to law or ordinance or in connection with the transaction of official
business of the City.
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Contractor's failure to comply with the public records disclosure requirement set forth in
Section 119.0701 of the Florida Statutes shall be a breach of this Agreement.
In the event the Contractor does not comply with the public records disclosure requirement
set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole
discretion, avail itself of the remedies set forth under this Agreement and available at law.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By: 0
City Cjrk
FOR CONTRAC I
ATTEST:
ito
MI"' 0
By:
Secret ry
grit wnoGetiren
Print Name
10
CHIN DIESEL, INC.
President
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Print Name / Title
APPROVED '5 TO
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& (1 )k' L LJT C'ON
(18.
City Attorney Date
ofers/oevT
Exhibits: Attachment "A" — Scope of Services
Attachment "B" — Insurance Requirement
Attachment "C" — Request for Qualifications No. 2014-087-RFQ-SR,
Addendum No. 1 thereto, and Contractor's response
to the RFQ
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EXHIBIT "A"
SCOPE OF SERVICES
The work required under this Agreement is skilled demolition services, meeting the following
minimum specifications. The work shall consist of furnishing all labor, materials, permits,
licenses, supervision, and equipment required to demolish a building or building structures
and appurtenances, to include debris removal/disposal, dumping/tipping fees, and final site
leveling/grading and grass seeding, as required. Appurtenances shall include all slabs, steps,
porches, walkway slabs to main structure, fences, asphalt pavement parkways and
driveways (including limerock base) and the like. Demolition described, shall include wood
and/or concrete roofs, frame stucco, and / or concrete block walls, reinforced concrete
columns, foundations, beams, windows, doors, floors, all rough plumbing and electrical
conduit, and concrete walks.
Demolition and removal of structures and appurtenances for future projects shall also
include, but shall not be limited to the following activities, as applicable:
• Permits: Permits that may be required by the City include but shall not be limited to
the following:
o Plumbing Permit
o Building Permit: for both Residential and Commercial Property
o DERM Permit
o Asbestos Permit, as required
• The Contractor shall be responsible for contacting all utilities (natural gas, water,
and/or electricity) to retire the necessary utilities prior to demolition.
• Demolition and removal of structures and appurtenances shall include removal of the
entire identified structure(s) and contents to the construction limits.
• All concrete floor slabs, foundations, pilings, driveways, sidewalks, steps, parking
areas, and other above ground and underground improvements associated with the
structure shall be removed, as identified by the City. Where walks that are designated
to be removed come into contact with the sidewalk that is to remain, the Contractor
shall make a saw cut prior to starting removal. Care should be taken to see that
sidewalks are not broken due to the demolition, and any adjacent sidewalks that are
broken during the demolition shall be presumed to be due to the Contractor's
operations. All such designated damages shall be totally replaced by the Contractor
at no cost to the City and all such costs shall be borne solely by the Contractor. The
City shall approve any and all repairs to its satisfaction.
• Fences shall remain, unless otherwise instructed to remove them.
• Cap all building sewer connections at existing wye locations. Requires a Plumbing
permit.
• Develop an optional asbestos and lead paint abatement report, in compliance with
Federal, State, and Local (County and City) Laws and Codes.
• Removal of Underground Storage Tanks: Septic Tanks/Grease Traps must be
thoroughly pumped out, the bottom broken, and filled in or removed from the
premises. Permits and inspection are to be obtained as required.
• Sediment Control: The Contractor shall provide temporary erosion and sediment
control on each respective property prior to the start of demolition operations for each
project. Sediment control shall be maintained for the full duration of each project.
Contractor shall be responsible for the maintenance of controls and control structures
and shall be responsible for any clean-up due to failure or inefficiency of such
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controls. Sedimentation run-off shall not be tolerated and if run-off occurs the
Contractor shall take corrective action immediately.
• Grade and Backfill: Grading, backfill, sodding, and return to grade shall be
performed as follows:
o All crawl spaces, lower levels, foundation areas, and any below ground area
shall be filled and compacted with earth. The backfill must not be frozen when
placed and shall be compacted to a density of 95% of maximum density of the
backfill material used as determined by ASTM designation D-698. The top six
(6) inches of backfill shall be made with soil suitable for growth of grass and
graded to natural grade of surrounding undisturbed earth.
o Final grading shall ensure adequate drainage offsite and not permit ponding of
water. All filled and disturbed ground shall be smoothed for mowing.
o The Contractor shall import clean fill as necessary to establish proper surface
grades but the Contractor may cut and fill on site to the extent possible. The
Contractor must supply samples of imported fill to be used and approved by the
City's landscape Architect.
• Site Vegetation: All shrubbery and trees are to remain and disruption of vegetation
will only be allowed in the immediate vicinity of the demolition.
• Discovery of Hazardous Materials: In the event previously unknown hazardous
materials are discovered by the Contractor, the Contractor shall immediately suspend
work in the specific location of the hazardous material and immediately notify the City
project manager.
• Clean -Up: All demolition materials and debris shall be removed from the work
concurrently with progress of work. Contractor shall not allow mud and debris from
vehicle transporting demolition materials to litter any streets or highways. Contractor
shall clean-up any such mud or debris at its sole expense. The City will vigorously
enforce all requirements relating to clean-up of debris, dirt, mud, and demolition
materials from the site and on streets, highways, and adjacent properties.
Cleanup shall follow immediately after and at the same rate as construction. Cleanup
shall not be delayed until entire project is finished. Contractor shall clean all right-of-
way and easement areas that were occupied by the contractor in connection with the
construction. All disturbed brush and trees, all rubbish, excess materials, temporary
structures, equipment, etc., shall be removed and the area left in a neat and
presentable condition. If at any time during performance of work by Contractor the
City's representative determines that cleanup is not being accomplished, the City's
representative may direct, in writing, no additional work can be accomplished without
meeting certain requirements. If so directed, no claim for additional time will be
allowed. The contractor is to provide extra care during performance of work by
Contractor to ensure that no rock, base stone, string, stakes, or any other
construction material is left in the water main or irrigation lines. At the end of each
construction day, the ends of all such lines shall be sealed watertight and all points of
entry are to be covered to prevent easy access. No rain, storm water, or ground
water shall be allowed to enter the water main or irrigation systems.
• Storage: Storage of salvage materials for sale on the work site is prohibited. Signs
advertising salvage materials shall not be placed at the work site.
• Street Closures: The Contractor shall not close any street or divert any traffic without
prior written approval of the City. The Contractor shall adhere to the State of
Florida D.O.T.'s uniform manual on traffic control for construction and maintenance
work zones. It will be the sole responsibility of the contractor to make him/herself and
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his/her employees fully aware of these provisions, especially those applicable to the
use of barricades, cones, signage, etc., to provide a safe working environment.
• Public Right -of -Ways: Any use of the public right-of-way adjacent to the work site
shall be consistent with the provisions established by the Florida Building Code as
provisions must be made for the safe conduct of pedestrians on or near the site(s)
• Project Superintendent: The contractor shall have a superintendent or a responsible
foreman on the project at all times when work is in progress.
• Power: All power for lighting, operation of the contractor's plant or equipment, or for
any other use by the contractor, shall be provided by the contractor's sole cost and
expense.
• Sanitary Facilities: The Contractor shall furnish, install, and maintain ample sanitary
facilities for the workmen. As the needs arise, a sufficient number of enclosed
temporary toilets shall be conveniently placed as required by the sanitary codes of
the State and Local Government. Drinking water shall be provided from an approved
source, so piped or transported as to keep it safe and fresh and served from single
service containers or satisfactory types of sanitary drinking stands or fountains. All
such facilities and services shall be furnished in strict accordance with existing and
governing health regulations.
• Utilities: The Contractor shall make every effort to locate and identify all underground
pipe lines, cables, and conduits by contacting the One Call System and the owners of
underground utilities, by prospecting or otherwise, in advance of trench or excavation
operations. Certain pipelines, water mains, gas lines, and other existing underground
and above ground installations and structures in the vicinity of the work to be done
hereunder are indicated on the plans according to the information made available to
the City. The City does not guarantee the accuracy or completeness of such
information. Service connections for gas, water, telephone services, sewers,
underground electric and lines, and possibly other utilities are not shown on the
plans.
Any conflict with these utilities or any other utility not specified, as a pay item will be
the responsibility of the contractor. The Contractor will be required to relocate the
utility or work around it at no cost to the City. It will be the responsibility of the
contractor to brace or otherwise secure any utility poles or anchors close to the
trenching operation.
Any delay or extra cost to the Contractor caused by utility, pipe line, or other
underground structures or obstructions not shown on the plans or found in different
locations than those indicated shall not constitute a claim for additional work,
additional payment, or damages.
The Contractor will be solely responsible for any or all damages whether direct,
indirect, or consequential to the underground or above ground utilities, pipe lines, and
surroundings, and shall indemnify and hold harmless the City for any and all claims or
judgments whenever made as a result of the contractor's actions. If additional or
unexpected utility conflicts occur, the contractor shall be responsible for coordinating
with the affected utility company to resolve the conflict and maintain progress on the
project. No time extensions will be granted for associated delays.
• Safety Precautions: The Contractor shall maintain and enforce all necessary and
adequate safety precautions for the protection of life and property on all work
performed. The Contractor shall also comply with all regulatory agencies
requirements for safety. The Contractor shall use extreme caution to protect the
project area to prevent accidents, damage, or injury involving pedestrian or vehicular
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traffic in the project area. Barricades, safety screening, or other acceptable methods
shall be used as needed to keep the public out of danger and to safely divert them
around the project area.
The Contractor shall exercise proper precaution at all times for the protection of
persons and property and shall be responsible for all damages to persons or property,
either on or off the site, which occur as a result of the Contractor's prosecution of the
work. The safety provisions of all applicable laws, building and construction codes,
and regulations shall be observed. The Contractor shall take or cause to be taken
such safety and health measures, additional to those herein required, as the
contractor may deem necessary or desirable. Machinery, equipment and all hazards
shall be guarded in accordance with the safety provisions of the "Manual of Accident
Prevention of Construction" published by the Associated General Contractors of
America, Inc., to the extent that such provisions are not in conflict with applicable
local laws. The Contractor shall maintain an accurate record of all cases of death,
occupational disease, and injury requiring medical attention or causing loss of time
from work, arising out of and in the course of employment on work under the contract.
The Contractor shall promptly furnish the City with reports concerning these matters.
The Contractor shall indemnify and save harmless the City and the City's
representative from any claims for damages resulting from personal injury and/or
death suffered or alleged to have been suffered by any person as a result of any work
conducted under this Agreement.
• Explosives: The use of explosives will not be permitted under the contract.
• Final Inspection: Inspection by Department of Building Development Services for
Final Inspection shall be requested by Contractor within ten (10) days of completion
of demolition of a site. Inspection to finalize demolition permit MUST be requested by
Contractor upon completion of demolition and site clean-up.
• Emergencies: Contractor must to mobilize within 24 hours, if requested by the City.
ASSIGNMENT/ROAD MAP
The pre -qualified contractor(s) shall be invited to offer a lump sum bid amount for a turnkey
operation of demolition work, to include fees for all labor, material, permits, licenses,
supervision, equipment, debris removal/disposal, dumping/tipping fees, and final site
leveling/grading and grass/sod installation, as required. This lump sum bid amount for
demolition work, shall also include all costs (as a pass-through to the City) associated with
the asbestos and lead based paint surveys required of the Contractor. The Contractor
deemed to be in the best interest of the City to include but not limited to price, scheduling,
and prior performance, shall be awarded the specific project.
Failure to respond, either by not submitting a proposal in three (3) attempts, may result in your
company being removed from the City's bid list.
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EXHIBIT "B"
INSURANCE
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EXHIBIT "C"
Request for Qualifications No. 2014-087-RFQ-SR. Addendum No. 1 thereto. and
Contractor's response to the RFQ
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