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Item 4B - Misc Concrete Repair ContractCITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Miscellaneous Concrete Repair Contract SUBMITTED BY: Douglas E. Layton, PE Public Works Director DATE: July 14, 2015 AGENDA ITEM 1140 AUGUST 10,2015 BACKGROUND: The existing miscellaneous concrete City Bid No . 1011-02 expires on January 10, 2016. While there is a renewal available the current Contractor Gruhn May has declined to extend the contract another year. This contract has been problematic for the City of Atlantic Beach. The current Contractor is the third and final contractor that has decided not to perform this work for us under the terms of the bid. We contacted Jacksonville Beach and found they are satisfied with their current Contractor, Line and Grade Contracting , LLC that they se lected by competitive bids on April 4 , 2014. A comparison found that the Jacksonvillle Beach Contract unit pricing is lower than the current Atlantic Beach contract. The Contractor has expressed an interest in performing this work for Atlantic Beach , excluding the unit prices for 4" & 5" thicknesses. As the contract unit prices for 6 " concrete thicknesses is lower than our existing pricing for 4 & 5" thicknesses , the Jacksonville Beach contract remains financially advantageous . BUDGET: Approximately $75,000 is normally allocated in the City budget for this purpose each year. This money is predominately used for repairs to curbs , driveways and sidewalks caused by repair of buried pipelines . The actual cost will be based on the need for repairs and funds annually budgeted by the City. RECOMMENDATION: Approve the use of Line and Grade Contracting, LLC for this service to Atlantic Beach, piggy-backing off Jacksonville Beach's contract 08-1314. ATTACHMENTS: Jacksonville Beach Proposal No . 08-1314 Jacksonville Beach Contract No . 08-1314 Existing Atlantic Beach Contract Pricing REVIEWED BY: =P! (/ a...-z ;;;?~ Nelson Van Liere, City Manager AGENOA ITEM t/48 AUGUST 10, 2015 AGENDA ITEM #48 AUGUST 10,201 5 City of Jncllsouvllfe Beach, Public Worl's 0Cfllll'tmcnt Rli'l' 08-13 14 S treets Division Remov nl, ltcpln cc mcnt, lnstn llntl on of Co ncrete Ex isting &New Sidewnn ,s, Hnncli cnp Rnmps, Orivc - Updnted:3/19/2014 wnys, Cu•·bln g, SJllllwn ys, Slnbs nnd Othc•· Shnllm· Tyr1c Worlc -Co ntinu ous Services for 5 Yenrs FORM J : UNIT PRICE PROPOSAL TENDER FORM (Page I of 5) PROPOSAL NUMBER: Q f? j J j <j PROPOSAL DATE: ,/}prr/ rJ 1 , 20 14 TO: THE CITY OF JACKSONV ILLE BEACH, FLORIDA FROM: __ ~L~·~''~'~C --~ __ (~~~~~l~tc~\~r--~L~'·~c~•t ~'\~r{~\~t ~\~t ~r \~9~,~{~l~r-------­ , .S lj ;~ ( 0 \) t\1 J L\. 'I( J''\(\ <,; \ l t "'t'\ Respondent is solely responsib le for developing I determining I ver ifying for thi s con t1·act work all plans I all meth ods I all quantitie s I a ll mea surem ents and all manufac tu rers' requirements I recommend at ions necessary to provide sat isfacto ry full y comp leted contmct wo rk unde r the provisions ofthe RFP, to th e CITY'S satisfaction, to include costs for all labor, a ll equipment, all materi als, all rental I lens ing I pu rchas in g of eq uipment and materials, all preparations, all repairs, all safe ty work, a ll quality control wo rk, all d isposa l work, all mobi li za ti on and demob ili zat ion work, all sub -co ntractor work, all tax es, a ll in sura nce, all bonding if requ ia·ed, all in spection wo rk, all verification wol'l<, all warranty work, all perm ittin g at all levels of government, all contractor ove rh ead, all contracto r profit, and any I a ll othea· contract related work and/or cost I expense that is not li ste d, and all of whi ch shal l be the basis for the respondent's U nit P rice Pa·oposal foa· each Pay Item. Re spondent must provide a pri ce on each item li sted. All entr ies in the enti re pi'Oposal must be made c learly in ink. Un it Prices on the Un it Price Proposal T ender Form must be wl'itten in tigures. Proposa ls in w hich th e prices obvious ly are unbalanced may be rejected by the CITY at its so le di sc reti on. In accordance wit h the RFP to provide the comp leted wo rk for Removal, R ea>lacemc nt, I ns tallation of Concr ete Exis tiu g & New S id ewall<s, Handicap Ramps. Driveways, C urhin g, Spillways, S labs and Othea· S imilat· Ty11e Wol'lc -Continuous Services for 5 Years for the City of Jacksonville Beach, Fl01·ida, subject to the Spec ifi cations and Addenda, if any, al l of which are made a part of the respondent's proposa l, th ereof, the under signed hereby submi ts the Uult Price Proposal fo r eac h of the 27 P ny Items as follows: Pny J Dcsci'IJ•tiou Uni t P1·lce Item (ocr SF) Removni/Rcplaccmcnt!Disposnl of Exis tin g Co ncrete Sidewalk and 1 Replace with 3000-PSJ Concrete (4" Thick) with F ibennesh (per CITY $ ),/0 ~F Standard Detail) wil h Oisposnl at an nu thorized loca ti on outside the city limit s and not on cily proa>e rty Page 14 of 59 GENERAL PROVISIONS AGENDA ITEM #48 AUGUST 10,20 15 City of Jncksonv/lle Beach, Public Wol'l's Dell lll'tm ent Rfi'f' 08 -1314 Stt·cets Division Removal, Rcplncement, ln stnllnllon of Concrete Ex is tin g &New Sldewnll ts, Hnndi cnp RfllnJ IS1 Driv e- U!)d ntcd:3/19/2 014 wnys, Ctll'bin g, Srllhvnys, Slnbs nnd Other Slln llnr Type Worll -Co ntinu ous Se rvi ces fo•· 5 Ycnrs FORM 1: UNIT PRICE PROPOSAL TENDER FORM (Page 2 of 5) Pay I Dcsea·iJ>fion Unit I)J'i ce Item (ll_CI' S F) Removal/Disposal of Existing Conct·ete Handicap Access $ I .13 )I'-2 Ramp/Sidcwnll' wi th Di sposa l at on aut hor ized location out sid e the city limit s nnd not on citv or ooerty 3 Removni/Disposnl of Ex isting (6" Thiel') Concrete wit h Dl sposn l nt an nuthorized lo ca tio n out sid e the ci ty li mits and not on $__j_j_g ~~ ci ty property Rcmoval/Replacemenf/Dispo sal of Ex isting Co ncrete Driveways 4 nnd/o•· Sld ew nll' and Re plA ce with 3000-PSJ C oncrete (6" $ 5.ttll ~ Thick) with Fll>e•·mesl• (per CITY Standard Detai l) with Di sposa l at Annu thorl ze d location out side th e city limits nnd not on city l>roperly Rcmovni/Replncement/Disposal of Exis ting Conca·e tc C urbing 5 (All Types) and Replace with 3000-PSI Conc rete with Flb e •·m es h $ 1~ '/u l,,-wit h Disposa l nt nn mathol'lzed loca tion outside the city limit s and not on cltv l>roue a·tv Rcmovnl/Disposnl of Ex is tin g Asphnlt Pavement & Base ~.tJ O"J : 6 Mntc•·lnl in anns, wh or e required, to in sta ll new concreto $ Clll'blng &/m· hnndicnp rnmps/new sid cwn llc s with Di sposal at nn aut horized locati on ou tside th e ci ty Jimil s and not on city prope rly 7 Removai/DiSJlOSa l of Ex isti ng Co ncre te C m·bing (A ll Types) wi th Dl spoRnlut on nut hol'i zed locn tio n outside th e cily limits Rnd not on ci ty $ s. ()f'> (} orooerty 8 Removal/DisposAl of Existing (6" Thiel<) Concl'etc $ [, LD . wi th Only Co nc•·cto Dl spos nl on Ci ty Pro perty Jr Rcmovai/Rcplucement/Disposa l ofExisti ng Concrete Sidewa ll< 9 nnd Rcplnce with 3000-PSI Conc1·et e (4" T hiele) with Fibea·-me sh $ · ~Jo ~r (pet· C ITY S tnndnrd Dctnil) with Only Concrete Dls posnl on City Prouerty 10 Removnl/Disposnl of Ex is ting C oncr ete Handicnp Access $l3u :S.l Ramp/Sid ew nllc wi th Only Concrete Dl suosnl on City Propei'!Y_ Removni/Replncement/Disposal of Existin g Concrete Drivewnys $ '),J 0 ~ (. II nnd/or S id cwn lll a nd Rcplncc with 300 0-PSJ Concrete (6" T hiel<) with Fibcrmesh (lleJ' CITY S tandnrd Detail) with Only Co nct·ete Dlsr>osnl on CitY Prop_erty 12 Romovnl/Disposnl of Existing Concr et e C urbing (All Types) with $ 'l,~.r;t { F Only Concrete Dl sr>osnl on City Prooertv Instnllntlon of New 3000-PS I Concrete Handicnp Access Ramp/ S idewall' meetin g C ua ·•·ent FOOT ADA S tandsmJs (4" T hl clt) 13 with F iber-mes h (p er CITY S tandard Detail), includ ing $ !tf. 1,(\ .n:-insta ll a ti on of Detectable Wn•·nings on Wnlldug S urfaces meet in g Cu n·ent FOOT ADA Stand a rd s & (per cu rrent FOOT Des ign Sta nd ard De ta il) 14 Jn stnllalion of New 3000~PS I C or•c•·ete Sidcwa llt (4" T hiel') with $ ).~5' ~i fiber-mes h (p er CITY Stn ndni'CI Detail) Pnge 15 of 59 GENERAL PR OVIS ION S AGENDA ITEM 1148 AUGUST 10,2015 City of Jac/(tJ'OIIvllfe Beacft, Public Worl1s Dcpnrtrnent RFJ> 08-1314 Streets Division Removal, Replnccm eut, fn slll ll llfion ofConc•·ete Existing &New Sl dcwnllc s, llnndlcnp Rnrnps, Drivc- Updnted:3/19/2014 wnys, Cu•·blng, Splllwnys, S lnbs nud Olllcl' Slm llm· Tvpc Worlt -Co ntinuou s Service s fo•· 5 Ycnrs FORM 1: UNIT PRICE PROPOSAL TENDER FORM (Page 3 of5l UNIT PRICE PROPOSAL TENDER FORM, Proposal Number J314-05 (continued) l)ny ltc111 Description Unit l'l'icc (tlCI' Sfi) Installation of New 3000-PSI Concrete Sidewall' (4" Thiel<) with $ -j,').N) Lf 15 Flbc•·-mesh with 6" tumdown a long the edge of pavement (per CITY Standard Detail) 16 lnslallntion of New 3000-PSf Concrete Sid ewall' (6" Thick) with $ '='-s·o )t Fibe1·-mesh (Il ea· CITY Standurd Detail) 17 lnstnllntlon of New 3000-PSl Concrete StmuJnrd City Curbing with $L6 .(;[ 'r Fiber-mesh (pel' CITY Stnndn rd Dctnll) 18 lnslnllneion of New 3000-PSI Concrete Mlnmi Curbing $ /,) (( (F with Fiber-mesh (per CITY Stnnclnrd Detnll) 19 h1stn llntlon of New 3000-PSr Conc1·ete Ribbon Cu rbin g $/rJ CC({ with Fiber-mes h (per CITY Stnnd11rd Detnll) 20 Installation of New 3000-PSI Concrete Hende1· C111·blng $ [.1. Of) l (-with Fiber-mesh (pe r CITY Stnndnrd Detail)_ 21 Jnstnllntlon of New 3000-PSI Conct·ete Va ll ey Guttc•· Cm·blng with $ }/$., t)f LF Fiber -mesh (per CITY Standard Dctnil) 22 Instnllntion of New 3000-PSI Conc•·ete Slnb (6" T hi ele) with Fiber-$ '[J,t_{l ')\ mesh (pe1· CITY Stnudn rd Detail) 23 lnstnllntion of New 3000-PSI Concrete Slnb (8" Thie le) with Fiber-$ ~. )( )1 mesh (per CITY Sta ndard Dctnll) 24 lnstnllntlon of New 3000-PSI Concrete Driveway Apro n (6" Thiele) $ l/,!:. {'I ~; f with Fiber-mesh (pet· CITY Stnndnrcl Detnil) 25 Instnllntion of New 3000-PSI Co ncrete Spill way with Fibe r-mesh $ {q ,t/,5 S I (per CITY Standnrd Detnll) 26 Regrading/Sod lnstnllntion in Arens Not Dh·cct ly Affected Dy $ l L c Sl Concrete Worl' lnstallntion of Detcctnble Wnl'llin gs on Wnlldng Stu·faces, meeting $J9.()c 27 cu rrent FOOT ADA Standards (Section 527) & per current FOOT ~( Design Standard Detail Grand Total Price for all Proposal Items $ ,J o1'J~ '] q Numerals Combined: (Pay Items I Thru27) A "t,._~ a \\ \'H\r\ < P \ h '~ '" ~ q Sr '\Jc--n Q(\(~ <:;( \H t-.\ '-1 ~ttt'(Writtcn) If selcctedt it is undcJ"stood that compensation shall be bnsed on set'vice ol'del's and actual measua·ements of service wo t·Jc accomplished and accepted by the CITY. The CITY reserves the sole prerogative whethel' or not t o ord er I contract for any and a ll Pay Items li s ted in this proposal, to determ ine the Qunntity to be ordered, and when the work is to be don e, a ll in the best interests of the C ITY. The respondent agrees that thi s proposal sha ll be good a nd may not be withdrawn for a period of 90 days aftel' the opening of proposals. Page 16 of 59 GENERAL J'ROVI SIONS CONTRACT AGREEMENT with Line & Grade Contracting, Effective Date: 4-22-2014 LLC. Term: 5 years, (60 Months). COJB RFP # 08-1314, Concrete Continuous Services. O~WCONTRACTORCONTRACTAGREEMENT AGENDA ITEM# 4B AUGUST 10, 2015 TillS AGREEMENT made and entered into this 22 day of April, 2014, by and between the CITY OF JACKSONVILLE BEACH, FLORIDA, a municipality organized and existing under the laws of the State of Florida, hereinafter called the OWNER or CITY, and, Line & Grade Contracting, LLC hereinafter called CONTRACTOR: WITNESSETH: OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1: Scope of Work CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The WORK is generally described as follows: Concrete Removal, Replacement, Installation of Existing and New Sidewalks, Handicap Ramps, Driveways, Curbing, Spillways, Slabs and Other Similar Type Work-Continuous Services for 60 Months All WORK shall be performed in accordance with the Specifications prepared by the City of Jacksonville Beach, Public Works Department. Services shall be for all materials, equipment and services, including labor to perform the services, of which the requirements and scope of services is detailed in Exhibit "A", RFP No. 08-1314 "Concrete Removal, Replacement, Installation of Existing and New Sidewalks, Handicap Ramps, Driveways, Curbing, Spillways, Slabs and Other Similar Type Work-Continuous Services for 60 Months. " Article 2: Owner's Responsibility Access to Work Area: The OWNER shall provide the CONTRACTOR access to all areas in which services are to be performed. · Article 3: Times for Rendering Services The specific periods of time for providing services shall be on a yearly basis. Scheduling of services will be coordinated with the Public Work Street Division Supervisor. Article 4: Term of Agreement 4.1 Effective Contract Term Start Date: This Agreement shall be effective from the date of award by the CITY, April22, 2014, and will continue in effect for five (5) calendar years. Page 1 of12 CONTRACT AGREEMENT with Line & Grade Contracting, Effective Date: 4-22-2014 LLC. Term: 5 years, (60 Months). COJB RFP # 08-1314, Concrete Continuous Services. 4.2 Article 5: Payment To Contractor AGENDA ITEM# 4B AUGUST 10, 2015 The CON1RACTOR agrees to provide services as described in the Contract Documents and comply with the terms therein. 5.1 For Basic Services: OWNER shall pay CONTRACTOR for Contractual Services performed or furnished under the Exhibit "A", RFP No. 08-1314 "Concrete Removal, Replacement, Installation of Existing and New Sidewalks, Handicap Ramps, Driveways, Curbing, Spillways, Slabs and Other Similar Type Work - Continuous Services for 60 Months. " as set forth in the CONTRACTOR's submitted Exhibit "B", RFP No. 08-1314 "UNIF PRICE BID TENDER FORM". 5.2 Invoices. 5.2.1 Preparation of Invoices: fu:voices will be prepared in accordance with CONTRACTOR's standard invoicing practices and will be submitted to OWNER by CONTRACTOR, unless otherwise agreed. The amount billed in each invoice will be calculated as set forth herein. fuvoices are to be issued by the 1Oth of the month for services rendered in the previous period, which is to be no less than one month in length since the previous invoice. 5.2.2 Disputed Invoices: ill the event of a disputed or contested invoice, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. Article 6: Standards of Performance CONTRACTOR and OWNER shall comply with applicable Laws, Regulations, and OWNER-mandated standards. This Agreement is based on these requirements as of its Effective Date and includes the attached Exhibit "A", RFP No. 08-1314 "Concrete Removal, Replacement, Installation of Existing and New Sidewalks, Handicap Ramps, Driveways, Curbing, Spillways, Slabs and Other Similar Type Work -Continuous Services for 60 Months. " Changes to these requirements after the Effective Date may be the basis for modifications to CONTRACTOR's scope of work, times of performance, or compensation. Article 7: Contractor as Independent Contractor It is expressly agreed and understood that the CONTRACTOR is in all respects, an independent contractor as to the WORK and is in no respect an agent, servant, or employee of the OWNER. This Agreement specifies the WORK to be done by the CONTRACTOR, but the method to be employed to accomplish the WORK shall be the Page 2 of12 CONTRACT AGREEMENT with Line & Grade Contracting, Effective Date: 4-22-2014 LLC. Term: 5 years, (60 Months). COJB RFP # 08-1314, Concrete Continuous Services. responsibility of the CONTRACTOR. Article 8: Subcontracting AGENDA ITEM# 48 AUGUST 10,2015 CONTRACTOR may subcontract services to be performed hereunder with prior approval of the OWNER. No such approval will be construed as making the OWNER a party of or to such subcontract, or subjecting the OWNER to liability of any kind to any subcontract. No subcontract shall, under any circumstances, relieve the CONTRACTOR ofits liability and obligation under this Agreement; and despite any such subcontracting, the OWNER shall deal through the CONTRACTOR, and subcontractors will be dealt with as workers and representatives ofthe CONTRACTOR. Article 9: Authorized Project Representatives Upon the execution of this Agreement, CONTRACTOR and OWNER shall designate specific individuals to act as representatives with respect to the services to be performed or furnished by CONTRACTOR and responsibilities of OWNER under this Agreement. Such individuals shall have authority to transmit instructions, receive information, and render decisions relative to the WORK on behalf of each respective party. Article 10: Inspection of Work The CONTRACTOR shall furnish the OWNER or the OWNER's representative with every reasonable opportunity for determining whether or not the WORK is performed in accordance with the requirements of this Agreement. The OWNER may appoint persons to inspect the CONTRACTOR's operations, equipment, and performance, and the CONTRACTOR shall permit these persons to make such inspections. Article 11: Right To Require Performance The failure of either OWNER or CONTRACTOR at any time to require performance by the other party of any provisions hereof shall in no way affect the right of the performing party thereafter to enforce the same. Nor shall waiver by such party of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. Article 12: Extraordinary Occurrences It is agreed that in no event shall OWNER or CONTRACTOR be liable or responsible to each other or to other persons for damages resulting from deficiencies or delays in the work herein provided for, where such deficiencies or delays result from Acts of God, fire, natural disaster, or any other cause not within reasonable control of the OWNER or the CONTRACTOR. The CONTRACTOR recognizes the essential nature ofthe services to Page3 of12 CONTRACT AGREEMENT with Line & Grade Contracting, Effective Date: 4-22-2014 LLC. Term: 5 years, (60 Months). COJB RFP # 08-1314, Concrete Continuous Services. AGENDA ITEM # 4B AUGUST 10,2015 be performed hereunder and will use its best efforts to discharge its functions despite such extraordinary occurrences. Article 13: INSURANCE. GENERAL PROVISIONS Hold Harmless: The CITY shall be held harmless against all claims for bodily injury, siclmess, disease, death or personal injury or damage to property or loss of use resulting therefrom, arising out of the agreement, contract or lease unless such claims are a result of the CITY's sole negligence. Payment on Behalf of Organization: The CONTRACTOR agrees to pay on behalf of the CITY, and to pay the cost of the CITY's legal defense, as may be selected by the CITY, for all claims described in the Hold Harmless paragraph. Such payment on behalf of the CITY shall be in addition to any and all other legal remedies available to the CITY's exclusive remedy. Loss ControJ/Safety: Precautions shall be exercised at all times by the CONTRACTOR for the protection of all persons, including employees and property. The Other Party shall be expected to comply with all laws, regulations or ordinances related to safety and health, shall make special effort to detect hazardous conditions and shall take prompt action where loss control/safety measures should reasonably be expected. The CITY may order work to be stopped if conditions exist that present immediate danger to persons or property. The CONTRACTOR acknowledges that such stoppage will not shift responsibility for any damages from the CONTRACTOR to the CITY. PROOF OF CARRIAGE OF INSURANCE & NAMING CITY AS ADDITIONAL INSURED CONTRACTOR shall furnish the CITY with satisfactory proof of carriage .of insurance required herein. The successful CONTRACTOR shall name the City of Jacksonville Beach as additional insured on the CONTRACTOR's and any subconsultant's or subcontractor's Public Liability, Property Damage and Comprehensive Automobile Liability Insurance policies. The additional insured shall be provided the same coverage as the primary insured. The proof of carriage and a copy of all policies shall be required prior to commencement of any work on this project. Page4 ofl2 CONTRACT AGREEMENT with Line & Grade Contracting, Effective Date: 4-22-2014 LLC. Term: 5 years, (60 Months). COJB RFP # 08-1314, Concrete Continuous Services. INSURANCE REQUIREIWENTS: AGENDA ITEM #48 AUGUST 10,2015 Insurance-Basic Coverage's Required: The CONTRACTOR shall procure and maintain the following described insurance, except for coverage's specifically waived by the CITY, on policies and with insurers acceptable to the CITY. These insurance requirements shall not limit the liability of the CONTRACTOR. The CITY does not represent these types or amounts of insurance to be sufficient or adequate to protect the CONTRACTOR's interests or liabilities but are merely minimums. Except for worker's compensation and professional liability, the CONTRACTOR's insurance policies shall be endorsed to name the CITY as -additional insured to the extent of the CITY's interests arising from this agreement, contract or lease. In no case, however, shall coverage for the CITY as additional insured be any less than that for the CONTRACTOR to the extent of the CITY's interest arising from this agreement, contract or lease. Worker's Compensation Coverage: .x_Required _Waived The CONTRACTOR shall purchase and maintain worker's compensation ihsurance for all worker's compensation obligations imposed by state law and employers liability limits of at least $100,000.00 each accident, $100,000.00 each employee and $500,000.00 policy limit for disease. The CONTRACTOR shall also purchase any other coverage's required by law for the benefit of employees. General Liability Coverage: .lL_Required _Waived Conunercial General Liability-Occurrence Form required. H Commercial General Liability coverage is provided: Coverage A shall include premises, operations, products and completed operations, independent contractors, contractual liability covering this agreement, contract or lease and broad form property damage coverage's. Coverage B shall include personal injury. Coverage C, medical payments, is not required. Page 5 of 12 CONTRACT AGREEMENT with Line & Grade Contracting, Effective Date: 4-22-2014 LLC. Term: 5 years, (60 Months). COJB RFP # 08-1314, Concrete Continuous Services. COMPREHENSIVE GENERAL LIABILITY: If Comprehensive General Liability coverage is provided it shall include at least: AGENDA ITEM #4B AUGUST 10, 2015 Bodily injury and property damage liability for premises/operations, products/completed operations, independent contractors and property damage resulting from explosion, collapse or underground (x, c, u) exposures. Broad Form Comprehensive General Liability coverage, or its equivalent, with at least broad form contractual liability covering this agreement, contract or lease, personal injury liability, and broad form property damage liability. Amounts: Bodily Injury Property Damage: $1.000,000 $1,000,000 $1,000,000 $1,000,000 Each Occurrence Aggregate Each Occurrence Aggregate Products/Completed Operations: .JLRequired _Waived The CONTRACTOR is required to continue to purchase products and completed operations coverage, at least to satisfY this agreement, contract or lease, for a minimum of three years beyond the Organizations' acceptance of renovation or construction projects. Amounts: $1,000,000 Aggregate Business Auto Liability Coverage: _x_Required _Waived Business Auto Liability Coverage is to include bodily injury and property damage arising out of ownership, maintenance or use of any auto, includ:ing owned, non owned and hired automobiles and employee non ownership use. Amounts: -~x=-__ Same as General Liability Professional Liability: JL..Required _Waived Amounts: --=x-=--__ Same as General Liability Page 6 ofl2 CONTRACT AGREEMENT with Line & Grade Contracting, Effective Date: 4~22-2014 LLC. Term: 5 years, (60 Months). COJB RFP # 08-1314, Concrete Continuous Services. EXCESS OR UMBRELLA LIABILITY COVERAGE: AGENDA ITEM #4B AUGUST 10, 2015 Umbrella Liability insurance is preferred, but an Excess Liability equivalent may be allowed. Whichever type of coverage is provided, it shall not be more restrictive than the underlying insurance policy coverage's. CERTIFICATES OF INSURANCE: ReqUired insurance shall be documented in Certificates of Insurance, which provide that the CITY shall be notified at least 30 days in advance of cancellation, nonrenewal or adverse change. New Certificates of Insurance are to be provided to the CITY at least 15 days prior to coverage renewals. If requested by the CITY, the CONTRACTOR shall furnish complete copies ofthe CONTRACTOR's insurance policies, fonns and endorsements. For Commercial General Liability coverage the CONTRACTOR shall at the option of the CITY, provide an indication of the amount of claims payments or reserves chargeable to the aggregate amount of liability coverage. Receipt of certificates or other documentation of insurance or policies or copies of policies by the CITY, or by any of its representatives, which indicate less coverage than required does not constitute a waiver of the CONTRACTOR's obligation to fulfill the insurance requirements herein. Article 14: Indemnification To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold hannless OWNER, OWNER's officers, directors, partners, and employees from and against any and all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, and all court or arbitration or other dispute resolution costs) caused by negligent acts or omissions of CONTRACTOR or CONTRACTOR's officers, directors, partners, employees, or subcontractors, in the perfonnance and furnishing of CONTRACTOR's services under this Agreement. Page 7 ofl2 CONTRACT AGREEMENT with Line & Grade Contracting, Effective Date: 4-22-2014 LLC. Term: 5 years, (60 Months). COJB RFP # 08-1314, Concrete Continuous Services. Article 15: Termination The obligation to provide further services under this Agreement may be terminated: AGENDA ITEM #4B AUGUST 10,2015 15.1 For cause: By either OWNER or CONTRACTOR upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 15.2 For convenience: By OWNER, effective upon the receipt of notice by CONTRACTOR. The OWNER's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the City Council. Article 16: Notices Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, or by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon date of receipt or ten (1 0) days after mailing, whichever occurs first. Article 17: Survival All express representations, indemnifications, or limitations of liability included in this Agreement will survive its completion or termination for any reason. Article 18: Severability Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Article 19: Waiver Non-enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Article 20: Headings The headings used in this Agreement are for general reference only and do not have special significance. Page 8 of 12 CONTRACT AGREEMENT with Line & Grade Contracting, Effective Date: 4-22-2014 LLC. Term: 5 years, (60 Months). COJB RFP # 08-1314, Concrete Continuous Services. Article 21: Contract Documents AGENDA ITEM# 4B AUGUST 10, 2015 The Contract Documents, which comprise the entire Agreement between the OWNER and CONTRACTOR, consist of the following, which are made a part thereof: 21.1 Owner/Contractor Contract Agreement (pages I to 12, inclusive). 21.2 Exhibit "A," RFP Invitation Package entitled: RFP No. 08-1314 "Concrete Removal, Replacement, Installation of Existing and New Sidewalks, Handicap Ramps, Driveways, Curbing, Spillways, Slabs and Other Similar Type Work - Continuous Services for 60 Months. " 21.3 Addendum numbers .lthrough .linclusive to RFP No. 08-1314. 21.4 Exhibit "B," RFP No. 08-1314 "UNJF PRICE BID TENDER FORM" submitted by Line & Grade Contracting, LLC. 21.5 Exhibit"C," RFP No. 08-1314"CouncilApprovedMemo" 21.6 Change Orders, Field Orders or Written Amendments duly delivered after execution of Agreement. 21.7 All applicable provisions of State and Federal Law and any modification, thereof, and State of Florida Contract Provisions. There are no Contract Documents other than those listed above. The Contract Documents may only be altered, amended, or repealed in accordance with the Terms and Conditions. Article 22: Defmitions Wherever used in this Agreement (including the exhibits hereto) and printed with initial or all capital letters, the terms listed below have the meaning indicated, which are applicable to both the singular and plural thereof: 22.1 Change Order -A document submitted by ENGINEER/ARCHITECT or OWNER, which is signed by CONTRACTOR and OWNER to authorize an addition, deletion or revision in the WORK, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the OWNER/CONTRACTOR CONTRACT AGREEMENT. 22.2 Contract Price -The moneys payable by OWNER to CONTRACTOR for completion of the Services in accordance with the OWNER/CONTRACTOR CONTRACT AGREEMENT. Page 9 ofl2 CONTRACT AGREEMENT with Line & Grade Contracting, Effective Date: 4-22-2014 LLC. Term: 5 years, (60 Months). COJB RFP # 08-1314, Concrete Continuous Services. AGENDA ITEM# 4B AUGUST 10,2015 22.3 Shop Drawings -All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for CONTRACTOR and submitted by the CONTRACTOR to ENGINEER/ARCHITECT or OWNER to illustrate some portion of the WORK. 22.4 Specifications -That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the WORK and certain administrative details applicable thereto. 22.5 Supplementary Conditions-That part of the Contract Documents, which amends or supplements the General Conditions. 22.6 Work-The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents with respect to this Project. Work includes and is the result of performing or furnishing labor, services, and documentation necessary to produce such construction and furnishing, installing, and incorporating all materials and all equipment into such construction, all as required by the Contract Documents. 22.7 Work Change Directive -A written directive to CONTRACTOR issued on or after the Effective Date of the OWNER/CONTRACTOR CONTRACT AGREEMENT and signed by OWNER upon recommendation of the ENGINEER/ARCHITECT, ordering an addition, deletion, or revision in the WORK, or responding to differing or unforeseen subsurface or physical conditions under which the WORK is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. Article 20: Governing Law This Agreement shall be governed by the laws of the State of Florida. Both parties agree that the courts of the State of Florida shall have jurisdiction of any claim arising in connection with this agreement. In the event of litigation arising out of this Agreement, the prevailing party shall be entitled to the award of attorney's fees and costs at both trial and appellate level. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Document have been signed or identified by OWNER and CONTRACTOR on their behalf. Page 10 ofl2 AGENDA ITEM# 4B AUGUST 10,2015 CONTRACT AGREEMENT with Line & Grade Contracting, Effective Date: 4-22-2014 LLC. Term: 5 years, (60 Months). COJB RFP # 08-1314, Concrete Continuous Services. This Agreement shall have its effective start date as the date of award by the CITY, Apri122, 2014. TITLE: ________ ~P~re~s~id~e~n~t ________________ __ STATE LICENCE NO:. _________ _ (CORPORATE SEAL) AGENT FOR SERVICE OF PROCESS: Address: City: Page 11 ofl2 I-/ ·'7 )./~· )f Date Signed: 1 ~ L_ 1 Date Signed: __ 44/_.~Z_o+/_u.L...-f_ I J 4[z-::.1L.v Date Signed: _ _ ,.,- .... ' ·./ AGENDA ITEM# 4B AUGUST 10, 2015 CONTRACT AGREEMENT with Line & Grade Contracting, Effective Date: 4-22-2014 LLC. COJB RFP # 08-1314, Concrete Continuous Services. OWNER: Address for Giving Notices: City of Jacksonville Beach Department ofPublic Works 1460 Shetter Avenue Jacksonville Beach, Florida 32250 Designated Representative (paragraph 9): Name: William T. Edwards, P: E. Title: Director ofPublic Works Phone Number: (904) 247-6219 Facsimile Number: (904) 247-6117 Page 12 of 12 Term: 5 years, (60 Months). CONTRACTOR: Address for Giving Notices: LINE & GRADE CONTRACTING, LLC 3426 Devilwood Street Middleburg, Florida 32068 -j • Designated Representative (paragraph 9): Name: Karen Napier Title: President Phone Number: (904) 200-1632 Facsimile Number Rl()li SI'IOI{I HI> C0\1('1{1 1'1 RLI 'AI RSH>I{ llll 'l'l l l i .I<'WORI(S/I JI IIIIII S I>I .I'J\IUtvi i NI\ l'agt•l•n llll IIIDDFWS NArv11·: r:t llltlt Mr~y, l 1t c • ll11.., h1d wil l h~: ba se 0 11 squurc hHll and lilll'H I' lttol prices. l <cnHw~:d concn.:h.: 11111 \' he p l11rnl 111 tlllll :lllll:r 111 I ilL i>ublit• Works Ywd n l I !00 Sa11dpip c r I :111c . Contrnt·tm "ill n ot ovt'tlill 1..1 Ulllllllt·t' Ill' dtunp t.:ot u .:J\;lt! 0 11 1 'I o tnld wilho ut t:tlllsu It in • 11 i 1 h thl: Pub! ic Works m:ut.t ) 'l'lllt'lll , llm•w S!U'tiu.·cs t n hnvc light hmnm fiu l•h nml must lw gra ffiti fn.:c. i\linimum Jfllltt.-rl~i (2H clays ) cuucrdt•. J\ II ~Il l l ace ~; to haw li~•hl hroo 111 lit ti~h ancltnus t Itt • l 'lllflil I lh't... (C'111l i111Cill l I ll IIIIIIISit l h l l:ill ll'l\.'l~') TOTAL Hm TIO:AR 011'1', IU~MOVAI., J•OIJU ANI> FINI:ill I) I utd l thick r ·oiHTct~· P t T Sl .!) ~ i tll'h lh il'l < l 'll lll')'dl' (, • I)() \)(I im:h lllicl; CO ilt'I'C I C ., J () I) I B ull'lt t'tllh uw ( 'ity S tnnd:ll'cl <'ttl h Pct·I.F ll .00 ·,) I ll uwh •'lit bing I )rop < \wh P<· ·I.F -;; (I() (!) I /l llll'h nwhu1g Med ian C 'urh ;.•, f)() /) II< in t'h t'llt hitw M iami C'tn h Pt· ,. ".F {I 0 0 ll l I H ll ll'il I{ ibhon c lll'h 1)) h;p:u1 s io o jo int Pr t· D .F I . /. ll I'OliH ANI> FfNISIIING ONLY I h i~ s t'C I ion will inclttclc s q 11:u·c li1o1 :t nd lim::u· li1o 1 prict'!s lo r g ra d !.! wnrl,, lill tll worf,. jll\1 11 a11d lin i~h and using minimum 3fHl0-psi (28 clays) c onct·cft:. ( C'n nt ra c Ln r to I tun ish t ht• 1 lllll I'!.! I t ' l I I ) ·I inch 1l1ic~ conc n'll' l1cr Sl · 1'1) ) ll ll'h ll lil'i\ l'\11\l'l'l:lC l'cr ~I '; I)() AGEN DA I TEM# 48 AUGUST 10,201 5 /U JLS'I H lH HID ( :oNC 'R I'Tl Ri':l'1\ IRS H lR Tllll'l !!ill(' WORI(S/l JTII JTII:S I JFI' ;\ /{ l'l'vii·NI :; 7nf'J() I)) il il!cll thick cuncrcte Per SF iJ .lO I l) I g inches ( Standard curbing, sec dc!ail sheet /,(J,()() I ) I g inch Drop ( 'urb. scc detail sheet Pe~· LF 10.00 I()) I g inch 1\!lcclian Curb. sec detail sheet I 7) I 1\ inch Mi:m1 r:mh. sec detail sheet P<:1· I g) I i\ inch Ribbon ( :urh. s.:e dcta il slli;ct hid award will he has<Jd m1 the lowesf to1:1l of !he unit rd'e /~rick Stamped Cuncrele 5" Thick L'lllorcd Concrete 5" 'J hick lnsta fl/Repair llrick !'avers ;\ dd it ion a I charge lbr fiber mesh ifrequ in:d Adjust Mnnhole Ring 8:_ Covers per atlaehmcnt "lr· Adjust Water Valve .Jackets per atlachmcnl "("' Rcplncc concrete collar aro11nd manhole per attachment "B" [ ~F ;~b.OO )h.OO Ji~' 1 ')' (J() (j' .o )ll/ )' ) for item.; I l'cr SF 10.130 l'er SF 'J ') () Per SF B BO ()() I :aeh 5flD 00 r:ach 230.00 r:acll 11 I 0 , 0 0 Replace concrclc collnr around water valvejackel per attachment "C" r·:ach ? 0 00 AGENDA ITEM# 4B AUGUST 10,2015