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HomeMy Public PortalAboutFY21 Asphalt Overlay AgreementSECTION 00500 AGREEMENT CITY OF CRESTVIEW. FLORIDA CONTRACT FY-2021 ASPHALT OVERLAY BID #21-1202 On f , 2022 THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA, herein referred to as the City, accepted the bid of C.W. Roberts Contracting, Inc. herein referred to as the Contractor, in the amount of, $209,525.00 to lay approximately 1,445 tons of Type "S.P.-9.5" asphaltic concrete material or equivalent to be paid for by the ton, a bid that includes several different street locations. TERMS AND CONDITIONS OF CONTRACT FOR THE FY-2021 ASPHALT OVERLAY: 1. Entire Contract: This Agreement represents the entire and integrated Contract between the City and Contractor and supersedes all prior negotiations, representations or contracts, either written or oral. The Advertisement for Bids, Instructions to Bidder, Bid Form, Insurance Requirements, Performance Bond, Payment Bond and Notice of Award are included in the contract documents binding the parties. Provisions of this Contract may be amended only by written instrument approved by the Crestview City Council and signed by the City Clerk and Contractor. 2. Intent of Contract: This Contract shall include all work incidental to the supply and laying of approximately 1,445 tons of Type "S.P.-9.5" asphaltic concrete material or equivalent to be paid for by the ton, a bid that includes several different street locations. Contractor will be responsible for traffic management and will provide a schedule to the city for public service announcements. The construction sites will require complete cleanup upon completion. 3. Term of Contract and Time Extensions: 3.1 The Work will be substantially completed within 60 days after the date when the Contract Time commences to run as provided by the Notice to Proceed date. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that TIME IS OF THE ESSENCE in this Agreement and that Owner will suffer financial loss if the work is not substantially complete in the time specified in Paragraph 3.1 above. The parties also recognize the delays, expense Page 1 of 7 2021 ASHALT OVERLAY 21-1202 and difficulties involved in proving in a legal proceeding the actual loss suffered by the OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $500.00 (Five Hundred Dollars) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion until the Work is substantially complete, and that the liquidated damages set forth herein bear a reasonable relationship to the estimated actual damages that the OWNER would suffer. 4. Compensation: All payments upon contract are contingent upon the Contractor's Work being acceptable to the City. For satisfactory completion and acceptance of the Work, the City agrees to pay the Contractor in accordance with the terms of this Contract. Insurance: Contractor shall, during the performance of the contract, maintain Worker's Compensation Insurance sufficient to secure benefits of the Florida Workmen's Compensation Law for all employees and any of the work sublet to any vendor or subcontractor, Comprehensive General Liability Insurance, and Auto Liability Insurance, all with companies and in the form and amounts acceptable to the City. If any part of the work is sublet, similar insurance shall be provided by and in behalf of any subcontractors. Evidence of Insurance: Contractor shall provide the City Certificates of Insurance naming the City as an additional insured and certificate holder. All binders, policies, or certificates of insurance shall provide for at least thirty days' notice from insurers to the City of any cancellation or amendment to any of the insurance policies. 6. Indemnification: Contractor covenants and agrees that they will indemnify and hold harmless the City and all of its officers, agents, and employees from any and all claims, losses, damages, costs, charges or expenses arising out of any act, action, neglect, or omission by Contractor during the performance of the' agreement, whether direct or indirect, and whether to any person or property to which the City or said parties may be liable. 7. Licensing: The Contractor shall obtain all permits and maintain at its expense all professional and business certificates and licenses required by the City or otherwise by law and as necessary to perform services under this Contract. If Contractor performs any Work without obtaining, or contrary to, permits and licenses, Contractor shall bear all costs arising there from. Page 2 of 7 2021 ASHALT OVERLAY 21-1202 8. Performance of Work/Responsibilities: The Contractor shall commence work in a reasonable length of time and shall complete the work in an expeditious manner. In emergency situations, the Contractor shall endeavor to commence work immediately. All work shall be done under the supervision of the City's Public Services Director or designated representative. The performance of Work and responsibilities hereto are outlined and made a part hereof as identified in "Description of Work'. 9. Termination for Default: The Contract will remain in force for the full period specified and until tine City's Public Services Director or his designee determines that all requirements and conditions have been satisfactorily met. However, the City Public Services Director will have the right to terminate this Contract sooner if the Contractor has failed to perform satisfactorily the work required or comply with the other requirements of the Contract. In the event the City Public Services Director decides to terminate this Contract for the Contractor's failure to perform satisfactorily or meet its other responsibilities under the Contract, the City Public Services Director will give the Contractor five (5) days' notice, whereupon the Contract will terminate, unless during the notice period the Contractor cures the failure to perform or meets its other responsibilities under the Contract to the satisfaction of the City Public Services Director. Upon Contract termination for the Contractor's failure to provide satisfactory contract performance, the Contractor will be entitled to receive compensation for Contract services satisfactorily performed by the Contractor and allocable to the Contract and accepted by tine City Public Services Director or his designee prior to such termination. however, an amount equal to all additional costs required to be expended by the City to complete the Work covered by the Contract, including costs of delay in completing the project, shall be either subtracted from any amount due or amount charged to the Contractor in the event the City Public Services Director terminates the Contract. Except as otherwise directed by the City Public Services Director, or in the case of termination for default (in which event the Contractor may be entitled to cure, at the option of the City Public Services Director), the Contractor shall stop work on the date of receipt of the notice or other date specified in the notice, place no further orders or subcontract for materials, services, or facilities except as are necessary for the completion of such portion of the work not terminated, and terminate all contractor and subcontracts and settle all outstanding liabilities and claims. In the event that any termination fo!• default shall be found to be improper or invalid by any court of competent jurisdiction, then such ternunation shall be deemed to have been a termination for convenience. Page 3 of 7 2021 ASHALT OVERLAY 21-1202 11. Termination for Convenience: The performance of work under this Contract may be terminated by the City Public Services Director in whole or in part whenever the City Public Services Director, in his discretion, determines that such termination is in the City's best interest. Any such termination shall be effected by the City Public Services Director giving at least five (5) days' notice to the Contractor, specifying the extent to Nvhich performance of the work under this Contract is terminated and the date upon which such termination becomes effective. As to termination for convenience, after receipt of the date of termination, the Contractor shall stop all work as specified in the notice; place no further orders or subcontract for materials, services, or facilities except as are necessary for the completion of such portion of the Work not terminated; and terminate all contractors and subcontracts and settle all outstanding liabilities and claims. 12. Disclosure: Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Contract. 13. Miscellaneous: 13.1 Governing Law The parties intend that this Contract and the relationship of the parties shall be governed by the laws of the State of Florida. Venue for any action arising out of this contract shall be in Okaloosa County Florida and nowhere else. 13.2 Severability If any section, subsection, term or provision of this Contract or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of said section, subsection, term or provision of this Contract or the application of same to parties or circumstances other than those to which it was held invalid or unenforceable, shall not be affected thereby and each remaining section, subsection, term or provision of this Contract shall be valid or enforceable to the fullest extent permitted by law. Page 4 of 7 2021 ASHALT OVERLAY 21.1202 13.3 PUBLIC ACCESS. Contractor shall comply with the requirements of Florida's Public Records law. In accordance with Section 119.0701, Florida Statutes, Contractor shall: a. Keep and maintain public records required by the public agency to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided under Florida's Public Law 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 for the duration of the contract tern and following completion of this contract if Contractor does not transfer the records to the public agency: and d. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of Contractor or keep and maintain public records required by the public agency to perform the service. If Contractor transfers all public records to the public agency upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of this contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. e. If Contractor has questions regarding the application Chapter 119, Florida Statutes, to Contractor's duty to provide public records relating to this Agreement, Contractor shall contact the Custodian of Public Records at: City Clerk, City of Crestview 198 North Wilson Street P.O. Box 1209 Crestview, Florida 32536 (850) 682-1560 Extension 250 citvclerk c-citvofcrestview.orcj f. In the event the public agency must initiate litigation against Contractor in order to enforce compliance with Chapter 119, Florida Statutes, or in the event of litigation filed against the public agency because Contractor failed to provide access to public records responsive to a public record request, the public agency shall be entitled to recover all costs, including but not limited to reasonable attorneys' fees, costs of suit, witness fees, and expert witness fees extended as part of said litigation and any subsequent appeals. Page 5 of 7 2021 ASHALT OVERLAY 21-1202 13.4 Sovereign Immunity The parties fiuther agree, nothing contained herein is intended nor shall be construed to waiver the City of Crestview's rights and immunities under the Florida constitution, common law or Florida Statutes 768.28, as amended from time to time. 13.5 Construction The Parties have participated jointly in the negotiation and drafting of this Contract. In the event an ambiguity or question of intent or interpretation arises, this Contract shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provision of this contract. 13.6 Attorney's Fees In any dispute relating to this contract each party shall be responsible for their respective attorney's fees and costs. 13.7 Notices All notices under the Contract shall be in writing and shall be effective when mailed by certified mail, return receipt requested, or when delivered personally, as provided hereafter, or to such other addresses as may be designated by notice: 13.8 The undersigned Contractor in accordance with Florida Statute 287.087 hereby certifies that Contractor shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Page h of 7 2021 ASHALT OVERLAY 21-1202 5. Impose a sanction on, or require the satisfactory participation in, a drug abuse assistance or rehabilitation program if such is available in the employee's conununity, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. IN WITNESS, WHEREOF, the City hereunto caused these presents to be subscribed and the Contractor has affixed their name and seal, this day of February 11. , 2022. Date: February 11, 2022 Contractor: C.W. Roberts Contracting, Inc. - Tim Kruger I Area Manager Signed by:���� (Authorized Representative) Date: 111117-7 By:� utten, Mayor ATTEST: Mar an a Schrader, City Cleric �•`' O�5 �'••, 69.P olz;j�Cj S.EA,I, APPROVED AST LEGAL FORM: t�p ;• ity Almey �,, ED�AP %% END OF SECTION Page 7 of 7 2021 ASHALT OVERLAY 21-1202 1 ® DATE (MM/DD/YYYY) A� R� CERTIFICATE OF LIABILITY INSURANCE 02/11/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONI'ACI Martha Lee Hawkins NAME: McGriff Insurance Services, Inc. PHONE g00 476-2211 FAX P.O. Box 10265 C N LAIC. Nol: _ Birmingham, AL 35202-MAIL m riff.com ADDRESS: r9 INSURERIS) AFFORDING COVERAGE NAIC # INSURER A :Arch Insurance Company 11150 INSURED INSURER B : C.W. Roberts Contracting, Inc. P.O. Box 188 INSURER C : Hosford, FL 32334 INSURER D : _ I INSURER E : _ INSURER F : COVERAGES CERTIFICATE NUMBER:UDKGH13ZJ REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD POLICY EFF POLICY EXP LTR �� TYPE OF INSURANCE IN�n WV0 POLICY NUMBER I IMMIDD/YYYYI I LIMITS 'q COMMERCIAL GENERAL LIABILITY ZAGLB9247600 fR 11 10/01/2022 X �J CLAIMS -MADE ED OCCUR X GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑X PRO- ❑ LOC JECT OTHER: A AUTOMOBILE LIABILITY X ANY AUTO OWNED i SCHEDULED AUTOS ONLY _ AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAR H, OCCUR EXCESS LIAB CLAIMS -MADE DIED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N N / A (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below ZACAT9276800 ZAWC19966600 10/01/2021 1 10/01/2022 10/01/2021 1 10/01/2022 EACH OCCURRENCE $ 6,000,000 DAMAGE To REWI=D PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 6,000,000 GENERAL AGGREGATE $ 12,000,000 PRODUCTS PRODUCTS COMP/OP AGG $ 12,000,000 CMBEa acoNED identSINGLE LIMIT $ $ 6,000,000 $ $ BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE Per accident $ $ EACH OCCURRENCE AGGREGATE $ X PER OTH- TATU ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 I$ $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) City of Crestview is Additional Insured under General Liability as required by written contract. In the event of cancellation by the insurance company(ies) the policy(ies) has been endorsed to provide 30 days Notice of Cancellation (except for non payment) to the certificate holder shown below. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Crestview 198 North Wilson Street AUTHORIZED REPRESENTATIVE PO Box 1209 Crestview, FL 32536 Page 1 of 4 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: ZAGLB9247600 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): ALL PARTIES EXCEPT PARTICIPANTS OF CONTROLLED INSURANCE PROGRAMS, WHERE REQUIRED BY A WRITTEN CONTRACT. THIS INSURANCE IS PRIMARY AND NON—CONTRIBUTORY WITH ANY OTHER INSURANCE WHERE THE WRITTEN CONTRACT REQUIRES THIS INSURANCE BE PRIMARY AND NON—CONTRIBUTORY. WHEN THE INSURANCE PROVIDED BY THIS ENDORSEMENT IS PRIMARY AND NON—CONTRIBUTORY, WE WILL NOT SEEK ANY CONTRIBUTION FROM ANY OTHER INSURANCE POLICY AVAILABLE TO THE ADDITIONAL INSURED ON WHICH THE ADDITIONAL INSURED IS A NAMED INSURED. Location And Description Of Completed Operations ALL LOCATIONS OF COVERED OPERATIONS Information required to complete this Schedule, if not shown above. will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganizations) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 Page 4 of 4 UDKGHBZJ A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf. in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. Page 2 of 2 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to 'bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion ' of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. © ISO Properties, Inc., 2004 GG 20 10 07 04 Page 3 of 4 UDKGHBZJ POLICY NUMBER: ZAGLB9247600 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s): ALL PARTIES EXCEPT PARTICIPANTS OF CONTROLLED INSURANCE PROGRAMS, WHERE REQUIRED BY A WRITTEN CONTRACT. THIS INSURANCE IS PRIMARY AND NON-CONTRIBUTORY WITH ANY OTHER INSURANCE WHERE THE WRITTEN CONTRACT REQUIRES THIS INSURANCE BE PRIMARY AND NON-CONTRIBUTORY. WHEN THE INSURANCE PROVIDED BY THIS ENDORSEMENT IS PRIMARY AND NON-CONTRIBUTORY, WE WILL NOT SEEK ANY CONTRIBUTION FROM ANY OTHER INSURANCE POLICY AVAILABLE TO THE ADDITIONAL INSURED ON WHICH THE ADDITIONAL INSURED IS A NAMED INSURED. SCHEDULE Locations) Of Covered Operations ALL LOCATIONS OF COVERED OPERATIONS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 07 04 © ISO Properties, Inc., 2004 Pagel of 2 Page 2 of 4 UDKGHBZJ